0121 344 3366
Giving you the choice
“Bexi Limited” means the company trading as Bexi Limited whose trading address is be 3 Acre House, Walsall Road, Perry Barr, Birmingham, B42 ITP.
“the customer” means the individual or organisation who has entered into an agreement to purchase a forklift truck from Bexi Limited
2. General Terms
2.1 Product Description : The forklift truck supplied will be identified by a stock number and description shown on the invoice and may be further described by Bexi Limited in published form (whether hard-copy or Internet listing). Unless otherwise stated in writing, all specifications, sizes and descriptions provided by Bexi Limited are approximate only and intended to provide a guide to the characteristics of the forklift truck. Accordingly, such information does not constitute any contractual liability accepted by Bexi Limited.
2.2 Payment : Unless otherwise agreed by Bexi Limited, delivery of a forklift truck to the customer or collection of a forklift truck by the customer will be permitted only after Bexi Limited have received full payment for the forklift truck as cleared funds. Bexi Limited will accept payment from the customer by electronic funds transfer, by debit or credit card, by cheque or by cash. Payment by card may incur a card processing charge usually 4% but may rise to 7.5%.
2.3 Delivery or Collection : Once Bexi Limited have received cleared payment from the customer, delivery of the forklift truck (where Bexi Limited have agreed to deliver) or collection of the forklift truck by the customer will take place as soon as practicable unless alternative timings are requested by the customer.
2.4 Transfer of title : Transfer of title of the forklift truck will pass from Bexi Limited to the customer once a) Bexi Limited have received full payment for the forklift truck and b) the customer has taken possession of the forklift truck by collection of the forklift truck from Bexi Limited or by delivery to customer site if arranged by Bexi Limited.
2.5 Risk and Insurance : The forklift truck shall be at the customer’s risk immediately from transfer of title as in Section 2.4 above.
2.6 Trade Sales : All trade sales are subject to No Warranties or Guarantees unless otherwise detailed and agreed at point of sale.
3. Warranty and Guarantee
3.1 On-site warranty: Unless otherwise agreed in writing, Bexi Limited guarantees the forklift truck for a period of 3 months from transfer of title to the customer. During this period, Bexi Limited guarantee that the truck will satisfactorily perform the duties which may be reasonably be expected from a forklift truck of the specification, age and condition of the forklift truck purchased by the customer, provided that the warranty conditions specified in section 3.4 have been met by the customers and excluding those items specified in section 3.5, and within the limits defined in section 3.6..
3.2 Money-back guarantee : Additionally, within the 28-day period commencing from passage of title of the forklift truck to the customer, Bexi Limited will accept return of the forklift truck from the customer and will refund the customer’s purchase cost, provided that the warranty conditions specified in section 3.4 have been met by the customer and provided that the exclusions in Section 3.5 and provided that the forklift truck is returned in its original sale condition to Bexi Limited. Any cost of delivery to the customer shall not be considered refundable. The cost of returning the forklift truck shall be borne by the customer or, alternatively, the customer may request Bexi Limited to arrange collection of the forklift truck and agree that Bexi Limited may deduct the cost of collection from the refund amount. Money will be returned once the truck has arrived at the Bexi premises and is inspected with all the above criteria adhered too. Once this is agreed the money will be returned within 28 days.
3.3 Warranty Performance : Where the customer reports any fault within the forklift truck whilst under warranty, Bexi Limited may, at its own discretion, repair the fault, arrange for another party to repair the fault, offer financial compensation instead of repairing the fault, exchange the forklift truck for an alternative forklift truck (with the customer’s permission) or take return of the forklift truck and refund the original cost of the truck to the customer.
3.4 Warranty and guarantee conditions : All warranties and guarantees offered are conditional upon :
a) The customer protecting the truck from damage
b) The customer operating the truck only for its designed purpose and within nits specified capacities
c) The customer ensuring that the truck is used only by licensed operators
d) The customer maintaining the truck properly in accordance with the correct procedures for the model.
e) The customer reporting any faults requiring attention under warranty before the end of the warranty period
f) The onsite battery warranty will be offered and based on a 12 month pro-rata warranty scheme. The warranty scheme covers a complete new battery but also individual cells. The cost will be aportioned by the supplier and the customer during this warranty scheme period
3.5 Exclusions : Bexi Limited will not accept responsibility under its warranties or guarantees where :
a) The truck has been damaged after title has passed to the customer
b) The truck has been operated incorrectly or outside of its recommended environment and capacity
c) The customer has modified the truck in any way
3.6 Limitations of warranty and guarantee : Bexi Limited accept no responsibility beyond, at its own discretion, the repair of the forklift truck, its replacement or a refund of its cost. In any circumstances, Bexi Limited do not accept any liability for costs exceeding the price charged to the customer for the forklift truck. Specifically Bexi Limited accept no responsibility for :
a) Any repairs funded directly by the customer without the written permission of Bexi Limited
b) Any costs of hiring a replacement truck during any period that the supplied forklift truck is inoperative
c) Any claims for lost business, lost opportunity or any other costs related to an inoperative forklift truck.
In these conditions the following words have the following meanings:
“Contract” means the agreement between the Customer specified on the Contract Header Page and Bexi Limited for the hire of Hire Goods .
“Hire Goods” means the equipment specified on the Contract Header Page.
“Hire Period” means the period commencing on the Commencement date specified on the Contract Header Page 1 and ending upon the physical return of the Hire Goods by the Customer into the Supplier’s possession or collection of Hire Goods by the Supplier.
“Minimum Hire Period” means the minimum period for which the Customer agrees to pay the hire charge.
“Hire Charge” means the Supplier’s charging rate for the hire of the Hire Goods which is to apply during the Hire Period.
“Hire Charge Per” means the frequency period for which the hire charge applies.
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
2 BASIS OF CONTRACT
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.
3.1 The amount of any Deposit, Rental and any other charges is defined on the Contract Header Page. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer receiving the Hire Goods. Delivery and other miscellaneous
Charges shall also be paid in advance by the Customer.
3.2 The Customer shall pay the Rental charges in advance, with a minimum payment frequency and amount equivalent to the “Hire Charge Per” specified on the Contract Header Page.
3.3The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
4 OWNERSHIP AND RISK
4.1 Risk in the Hire Goods will pass immediately to the Customer when they leave the physical possession or control of the Supplier and will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.2 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer.
5 CARE OF HIRE GOODS
5.1 The Customer shall at all times :
5.1.1 take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner.
5.1.2 take adequate and proper measures to protect the Hire Goods from theft, damage and other risks.
5.1.3 keep the Hire Goods at all times in its possession and control
5.1.4 notify the Supplier of any change of its address
5.1.5 permit the Supplier at all reasonable times and with reasonable notice to inspect the Hire Goods
5.1.6 notify the Supplier immediately after any breakdown, loss or damage to the Hire Goods;
5.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
5.31 If the Hire Goods are returned in damaged, unclean or defective state except where due to fair wear and tear or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.
5.4 The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period and shall pay the Rental for the Hire Goods up to and including the date the Supplier receives such payment.
Standard Terms & Conditions Relating to Handling Equipment Hire Page 2 of 2
6 BREAKDOWN, REPAIR & MAINTENANCE
6.1 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
6.2 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
6.3 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods.
7 CONTRACT TERMINATION
7.1 If the Hire Period has a fixed duration, neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
7.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party a period of notice equal to the “Hire Charge Per” period.
7.3 The Contract will not be considered as terminated until the Hire Goods are returned to the Supplier. The Customer may request the Supplier to collect the Hire Goods on payment of a collection charge.
7.4 If the Customer fails to make any payment to the Supplier when due without just cause or in any way breaches the terms of the Contract, the Supplier reserves the right to immediately terminate the Contract and to charge continuing Hire Charges until both a) the Minimum Hire Period has been charged and b) the Hire Goods are returned to the possession of the Supplier.
7.5 Any repossession of the Hire Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and any damages in respect of any breach which occurred prior to repossession of the Hire Goods and/or Products.
8 LIMITS OF LIABILITY
8.1 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.
8.2 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
8.3 The Customer will not incur any costs or expenses in remedying any fault with the Hire Goods, except where the Supplier agrees in writing to such costs.
8.4 The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
8.5 The Supplier shall have no Liability to the Customer for any:-
8.5.1 consequential losses (including loss of profits);
8.5.2 economic and/or other similar losses;
8.5.3 special damages and indirect losses; and/or
8.5.4 business interruption, loss of business, contracts and/or opportunity.
8.6 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed the amount of the Rental charges for the Minimum Hire Period.
8.7 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
8.8 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
8.9 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.
Company Registration Number 7352476 Company Value Added Tax Number 997185454