National Tool Hire Shops: National Tool Hire Ltd
When you hire or buy from us we agree to enter into a legal contract together under the Terms & Conditions specified. Each contract works under the terms which we agree to, such as our promise to provide you with goods and/or a service and your promise to pay for it. You should read our Terms & Conditions in full prior to booking your hire with us.
1.1 In these conditions the following words have the following meanings:
| Term | Definition |
|---|---|
| Additional Charges | means any additional costs that the Customer may incur, including, but not limited to, any additional hire period, Failed Collection/Delivery Fees, additional consumables, damage, loss or theft, late extension charge, Cleaning Charges etc. |
| Cancellation Waiver | means the optional cancellation waiver which may be purchased by the Customer under which NTH agrees in accordance with these Terms and Conditions (including the additional Cancellation Waiver terms at the end of this document) to waive its right to recover from the Customer any cancellation fee which would otherwise be payable by the Customer in accordance with clause 4.9. |
| Charges | means the amount payable by the Customer for the supply of the Goods and/or Services in accordance with this Agreement but excluding the Additional Charges. |
| Cleaning Charge | means £30 per hour or such other charges as rendered by NTH acting reasonably. |
| Consumer | means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession. |
| Contract | means a contract which incorporates the Contract Details, the Accidental Damage Waiver (if purchased) and these terms and conditions, made between the Customer and NTH for the hire and/or sale of Goods, and/or the supply of Services by NTH to the Customer. |
| Contract Details | means the specific details of the Contract agreed by NTH in relation to the Customer's hire and/or sale of Goods and referred to in the e-mail confirmation sent from NTH to the Customer. |
| Customer | means the person, firm, company or other organisation hiring Hire Goods, purchasing Sale Goods, or purchasing Services. |
| Deposit | means any advance payment required by NTH in relation to the Goods which is to be held as security by NTH. |
| Digital Content | means data which is produced and supplied in digital form. |
| Failed Collection/Delivery Fee | means a fee charged by NTH to cover a) travel to and from a location, b) the Rental Charges for the necessary extension to the Hire Period (if applicable), and c) any charges incurred by or otherwise due to NTH being unable to fulfil its obligations to any third parties as a direct result of a failed collection or delivery. |
| 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. |
| Goods | means any machine, article, tool, and/or device together with any accessories specified in a Contract which are Hire Goods or Sale Goods. |
| Hire Goods | means any Goods which are hired to the Customer. |
| Hire Period | The period commencing when the Customer holds the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Customer into NTH's possession; or (ii) the physical repossession or collection of Hire Goods by NTH. |
| Hire Shield | means the damage waiver which may be purchased by the Customer under which NTH shall, subject to these Terms and Conditions, waive its right to recover from the Customer the cost of repairing any Hire Goods accidentally damaged by the Customer up to a maximum of £500. This is a waiver of rights and not an insurance product. |
| Hire Shield Premium | means the subrogation waiver which may be purchased by the Customer under which NTH shall, subject to these Terms and Conditions, seek to ensure that NTH's hired-in plant insurers waive any and all rights or remedies against the Customer which insurers may otherwise become entitled or subrogated as a result of payment for or making good loss, destruction, or damage to Hire Goods. This is a waiver of rights and not an insurance product. |
| Liability | means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities. |
| NTH | means National Tool Hire Limited whose registered office is at Langtons, 11th Floor, The Plaza, Old Hall Street, Liverpool, L3 9QJ. |
| Rental Charges | NTH's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period and as set out in the Contract Details. |
| Sale Goods | means any Goods which are sold to the Customer. |
| Services | The services and/or work (if any) to be performed by NTH for the Customer in conjunction with the hire or sale of Goods including any delivery and/or collection service in respect of the Goods. |
2.1 Goods are hired or sold subject to them being available for hire or sale to the Customer at the time required by the Customer. NTH will not have any Liability for any loss suffered by the Customer as a result of the Goods being unavailable for hire or sale.
2.2 Where hire of the Hire Goods is to a Customer who is an individual, unincorporated entity or a two (2) or three (3) partner business, and the hire would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974. In such circumstances, the Customer shall return the Hire Goods to NTH on the final day of the 3 month Hire Period. If the Customer fails to do this then it shall be liable for any financial loss which this causes NTH.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Where the Customer is acting as a Consumer if any provision which is marked with an asterisk (*) is determined by the Courts under applicable legislation to have no force or effect and/or is determined unenforceable in whole or in part the Contract shall be deemed not to include such provisions but this shall not effect the enforceability of the remainder of the Contract. For further information about your statutory rights as a consumer you can contact your local authority Trading Standards Department or Citizens Advice Bureau or if based in the Republic of Ireland your local office of the Director of Consumer Affairs or Citizens Information Centre or a solicitor.
2.4 Where the Goods and/or Services are supplied by NTH through a third-party contractor, the Customer recognises that its contractual relationship is directly with NTH, and as such all communications regarding the Goods and/or Services (including, but not limited to, price and contract terms) should be made directly with NTH, and NTH reserves its rights in relation to such arrangements.
3.1 Where the Customer deals as a Consumer, NTH is under a legal duty to supply Goods and Services that are in conformity with the contract between the parties. In such circumstances, the Customer has legal rights in relation to Goods that are, for example, faulty, damaged, or not as described, and in relation to Services that are, for example, not carried out with reasonable skill and care.
3.2 The Customer must examine and test the Goods immediately upon receipt of delivery and report any faults, defects, or breakdowns directly to NTH as soon as possible, and in any event, no later than 2 hours from the time of delivery. Reports must be made via one of the following NTH communication channels: creating a ticket, live chat, email, or WhatsApp. Reports sent to any subsidiary, third party, or unauthorised channel will not be accepted. If a fault is identified, the Goods must not be used unless expressly authorised in writing by NTH in advance.
3.3 Failure to report a fault within the specified 2 hour period may affect the Customer’s ability to claim remedies under this contract, subject to the Customer’s statutory rights as a Consumer, which remain unaffected.
4.1 The amount of any Deposit, Rental Charges for Hire Goods, Charges for Sale Goods and/or Charges for any Services and/or any sums otherwise payable for Goods or Services shall be as set out in the Contract Details or if not included in the Contract Details then as shown in NTH's current price list from time to time and must be paid in advance of the Customer receiving the Goods and/or Services at the time and in the manner agreed.
4.2 At the time of booking Hire Goods, NTH will authorise the total Charges (Rental Charges, delivery/collection charges, fuel, Cancellation Waiver fee (if applicable), Hire Shield fee (if applicable), Hire Shield Premium fee (if applicable), consumables, VAT and any additional charges or deposits) for the duration of the Hire Period against the Customer's credit/debit card. NTH may also choose to accept a Deposit in place of payment card authorisation by another valid form of payment, including bank transfer.
4.3 During and after the Hire Period NTH will calculate any Additional Charges in relation to the Hire Goods and/or Services. The cost of those Additional Charges will be requested automatically with a further authorisation and if such authorisation is not available, NTH may request another method of settlement. All outstanding Charges and Additional Charges must be paid for in full by the end of the Hire Period or within the time period notified by NTH to the Customer.
4.4 NTH's prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable. The VAT value will be visible to the Customer.
4.5 Timely payment by the Customer is an essential condition of the Contract. Payment shall not be deemed to be made until NTH has received either cash or cleared funds in respect of the full amount outstanding.
4.6 *If the Customer fails to make any payment in full on the due date NTH may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of NTH's bank whichever is higher. The Customer shall be liable to pay all costs, fees, disbursements and charges including all legal fees and costs reasonably incurred by NTH in the recovery of any unpaid invoice(s).
4.7 *The Customer shall pay all sums due to NTH under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
4.8 NTH may set a reasonable credit limit for the Customer. NTH reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
4.9 Subject to clause 9 any cancelled orders will incur a cancellation fee up to the full invoice value unless a Cancellation Waiver was purchased at the time of booking, subject to the additional Cancellation Waiver terms at the end of this document. NTH reserves the right to reduce the cancellation fee by up to 90% of the full invoice value at its absolute discretion.
4.10 In the event that the Goods are fuel-operated, NTH reserves the right to charge the Customer for any fuel consumed as part of usage of the Goods at a rate made available to NTH by its suppliers, unless the Contract Details expressly state that fuel is included within the price.
4.11 In the event that the Goods require sharpening to operate, NTH reserves the right to charge the Customer for its costs associated with sharpening the components at a rate made available to NTH by its suppliers, unless the Contract Details expressly state that a sharpening cost is included within the price.
4.12 Subject to the terms of this Contract, NTH shall return the Deposit to the Customer (less any permitted deductions) within 21 days from the end of the Hire Period, unless the parties agree to use the Deposit against any future Hire Periods, or the parties agree otherwise.
5.1 Risk in the Goods will pass immediately to the Customer when they leave the physical possession or control of NTH's supplier.
5.2 Risk in the Hire Goods will not pass back to NTH from the Customer until the Hire Goods are back in the physical possession of NTH's supplier. This shall apply even if NTH has agreed to cease charging the Rental Charges.
5.3 Ownership of the Hire Goods remains at all times with the original owner of the Hire Goods. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer and as such the Customer shall have a right of possession only during the Hire Period.
5.4 Ownership of any Sale Goods remains with NTH or the owner/supplier until all monies payable to NTH by the Customer for the Sale Goods have been paid in full.
5.5 Until ownership in the Sale Goods passes to the Customer, the Customer shall:-
5.6 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
5.7 NTH may offer the Customer the opportunity to purchase a Subrogation Waiver for certain Hire Goods at an additional charge to the Rental Charges. Separate terms and conditions shall apply to the Subrogation Waiver which shall be made available to the Customer at the time of purchase and shall form part of the Contract.
5.8 Where the Customer has not purchased a Subrogation Waiver, the Customer undertakes and agrees at all times during the terms of the Contract:
5.9 The Customer may be required to pay a Deposit at the time of purchase. Such Deposit may be used by NTH in the event of damage to the Hire Goods towards the cost of repair/replacement of the Hire Goods. In the event the value of the damage is greater than the Deposit then the whole Deposit shall be forfeited and a claim shall be made on any existing valid insurance policy.
5.10 The Customer will pay to NTH the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to NTH under any policy of insurance taken out in accordance with these conditions.
5.11 If the Hire Goods are returned in a damaged or defective state, the Customer shall be liable to pay NTH for the cost of any repairs and the cost of any downtime to NTH for such repairs. In relation to such downtime, the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental Charges that would have applied for such Hire Goods during the period that such Hire Goods were being repaired.
5.12 NTH may require the Customer to purchase an Accidental Damage Waiver for certain Hire Goods at an additional charge to the Rental Charges. Separate terms and conditions shall apply to the Accidental Damage Waiver which shall be made available to the Customer at the time of purchase and shall form part of the Contract.
5.13 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods, the Customer shall be liable to pay NTH 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 Charges, in accordance with the provisions of clause 8, until such repairs and/or cleaning have been completed.
5.14 In respect of any Hire Goods which are lost, stolen or damaged beyond economic repair during the Hire Period the Customer will:-
5.15 The Customer shall remain liable to pay the Rental Charges for the Hire Goods up to and including the date it notifies NTH that the Hire Goods have been lost, stolen and/or damaged beyond economic repair.
5.16 In addition to the obligation in clause 5.14 to pay the Rental Charges, from the date the Customer notifies NTH that the Hire Goods have been lost, stolen and/or damaged beyond economic repair until the date the Customer makes a payment to NTH for the replacement of the Hire Goods in accordance with clause 5.13 (“Lost Rental Period”), the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental Charges that would have applied for such Hire Goods during the Lost Rental Period. NTH shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible once it has received payment from the Customer under clause 5.13 above.
6.1 Unless otherwise agreed in writing, NTH shall deliver the Goods to the Customer. It is the responsibility of the Customer to collect the Goods, and, in the case of Hire Goods, return them to the place originally collected from or as otherwise directed by NTH at the end of the Hire Period. Where it is NTH's responsibility to deliver Goods to and/or collect the Hire Goods from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Prior to the Customer being given access to Hire Goods, the Customer must provide proof of identification to the satisfaction of NTH. Should NTH consider satisfactory proof of identification has not been provided by the Customer then NTH may not allow access to the Hire Goods and terminate the Contract with immediate effect and apply a reasonable charge. NTH shall not be liable for any losses sustained by the Customer due to such Contract termination. The Customer shall request details of the proof of identification required by NTH prior to the expected commencement of the Hire Period.
6.2 NTH cannot guarantee that any Hire Period will commence or end at a particular time of day. It is therefore recommended that if a Customer requires Hire Goods to be on site on a particular day by a particular time then the Hire Period should be requested to commence the day before that particular day and/or end on the following day.
6.3 In the event that NTH is required to deliver Goods to and/or collect the Hire Goods from the Customer and/or perform the Services, the Customer must inform NTH of the exact location, circumstances, and details of the location as part of the booking. Such details shall include any site access restrictions (such as weight or height restrictions for vehicles), any security or practical requirements such as any keycodes, location of an intercom, required identification documents, known deviations from a standard set of satellite navigation tool's directions and any other information which may reasonably be required to perform delivery or collection. NTH shall only provide kerbside delivery of Goods and will not deliver Goods inside Customer premises or up or down stairs.
6.4 If NTH is unable to deliver/collect the Goods due to undisclosed restrictions of any nature required under clause 6.3 or the Customer is otherwise not present to receive/return the Goods, then the Customer will be charged a Failed Collection/Delivery Fee relevant to the value of the Goods or Services, for example, around £25 for smaller items, or around £500 for large plant equipment requiring specialist transport. These figures are purely illustrative and NTH shall apply a figure relevant to the Goods or Services that NTH have not been able to deliver/collect.
6.5 In the event that the Customer needs to change any of the details provided in accordance with clause 6.3 and/or the Customer is not going to be present or otherwise facilitate the delivery/collection of the Goods or receipts of the Services, the Customer must contact NTH as soon as reasonably possible, and in any event, with at least 1 working days' notice prior to delivery/collection, failing which NTH reserves the right to charge an administration fee relevant to the value of the Goods or Services.
6.6 Where NTH have agreed to deliver/collect the Goods and/or perform Services and no Customer contact is available at the time of the delivery/collection of the Goods or Services then NTH will attempt to make contact by telephone with the Customer. Should the Customer not be present at the agreed time (regardless of whether contact was successful or not) and/or take delivery of or allow collection of the Goods then, without prejudice to NTH's other rights and remedies, delivery/collection will be postponed, to another time/date as specified by NTH. Without prejudice to clause 6.11 the Customer shall be liable to pay immediately to NTH a Failed Collection/Delivery Fee shall be applied at NTH's sole discretion, for the first and each and every subsequent failed delivery or collection. In the event that there is a failed collection attempt by NTH then NTH may extend the Hire Period to include up to and including the date of collection and the Customer shall be liable for payment of the Rental Charges for such extended period in addition to the original Rental Charges.
6.7 Unless agreed otherwise, NTH agrees to collect the Hire Goods from the Customer within five (5) working days the end of the Hire Period. The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until such time as the Hire Goods are collected by NTH.
6.8 In the event that NTH are unable to collect the Hire Goods at the end of the Hire Period as a result of restricted access, Customer absence, or any other any act or omission of the Customer which inhibits collection, NTH shall use its reasonable endeavours to rearrange another collection date, and, as such, the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until such time as the Hire Goods are collected by NTH. In such an event, NTH reserves the right to charge the Customer such Additional Charges as it deems reasonable necessary relevant to the delay and additional liabilities incurred by NTH.
6.9 Where NTH provides Services, the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer's instructions, guidance and/or advice except to the extent that the persons performing the Services are found to be negligent by a court with jurisdiction to make such finding pursuant to clause 15.14.
6.10 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for NTH's employees, sub- contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
6.11 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay NTH's full Charges that would otherwise be chargeable for the period of such delay, postponement and/or cancellation except where the Customer is acting as a Consumer and the delay is due to a Force Majeure event.
Where the Services relate to training services, then the Services are provided solely for training purposes and are not a substitute for legal other professional advice. There is no guarantee of qualification for any participants and NTH shall not be responsible for any reliance upon the course materials.
7.1 The Customer shall:
7.2 The Hire Goods must be returned by the Customer in good working order and condition and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods. If in the reasonable opinion of NTH the Hire Goods are not returned in a clean condition then NTH may charge the Customer a Cleaning Charge. The Cleaning Charge shall be payable within 7 days of the NTH Invoice.
8.1 Allowance may be made in relation to the Rental Charges to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs NTH promptly of the breakdown and NTH is unable to repair or replace the Hire Goods within a reasonable time. Any allowance claimed will only be considered from the time and date at which notification is received by NTH. NTH's liability due to breakdown shall be limited to the Customer's wasted Rental Charges in relation to the specific Hired Goods only that have broken down.
8.2 The Customer shall be responsible for all expenses, loss (including loss of Rental Charges) and/or damage suffered by NTH arising from any breakdown of the Hire Goods due to the Customer's negligence, misdirection and/or misuse of the Hire Goods subject at all times to the Hire Shield terms, if purchased.
8.3 The Customer acknowledges and accepts that NTH performs routine maintenance and/or repairs on its Hire Goods. Except insofar as any applicable Hire Shield option applies in accordance with clause 5.12, the Customer will reimburse NTH for the cost of all repairs necessary to the Hire Goods incurred during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault, and/or the negligence of NTH while carrying out routine maintenance and/or repairs.
8.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by NTH.
9.1 The provisions of this clause 9 only apply to Customers who are a Consumer for the purpose of any hire or purchase from NTH.
9.2 Subject to clauses 9.4 and 9.5, in the case of all Contracts for Sale Goods the Customer shall, in accordance with its rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, have the right to cancel the Contract by emailing NTH at help@nationaltoolhire.co.uk within 14 days of the day following the date on which the Goods come into the physical possession of the Customer.
9.3 Where a Customer exercises its right to cancel under clause 9.2 and has made payments in advance for Goods and/or Services that have not been provided to it, then NTH will refund these amounts to the Customer:
9.4 Where the Customer deals as a Consumer and requests in writing that NTH begins provision of the Services within the cancellation period set out in clause 9.2, then the Customer's right to cancel the Contract without incurring any charge or Liability will expire once NTH has completed the provision of the Services. If the Customer cancels the Contract once NTH has begun to provide the Services it shall be liable for all costs reasonably incurred by NTH in providing the Services up to the point NTH is informed of the Customer's decision to cancel the Contract.
9.5 Where the Contract is with a Consumer and:
the Consumer will not have a right to cancel the Contract without incurring any charge or Liability to NTH.
9.6 Where the Contract is with a Consumer and relates to the hire or purchase of Goods and the Consumer cancels in accordance with this clause 9 and a refund is due to the Consumer, NTH shall be entitled to deduct such amounts as permitted under consumer law, such as costs incurred as a result of any devaluation to the Goods due to Consumer's use of such, damage to the Goods, or wear and tear from correct or incorrect usage. Such deductions may include the cost of refuelling such Goods, where applicable.
9.7 Where a Customer cancels the Contract under this clause 9, it shall return any Goods which NTH has provided to it at its own cost, unless otherwise expressly agreed in writing. When the Customer returns the Goods, they must keep a receipt or other form of evidence (whether from a third-party delivery service or otherwise) that Goods have been dispatched, date of dispatch and the address to which they have been dispatched.
10.1 If the Hire Period has a fixed duration, then subject to the provisions of clause 11 neither the Customer nor NTH shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
10.2 If the Hire Period does not have a fixed duration either of the Customer or NTH is entitled to terminate the Contract after commencement of the Hire Period upon giving to the other party at least one working days' notice of termination (for example, if notice of termination is given on Monday then the Contract will terminate at midnight on Tuesday and any Rental Charges would be due for the Monday and Tuesday but not the Wednesday).
10.3 The rights set out in this clause 11 are in addition to any rights the Customer may have under clause 9 (and any other legal rights).
10.4 Payments made by the Customer for Sale Goods or Hire Goods including consumables, fuel, Hire Shield fee, Hire Shield Premium fee, or any Deposit intended to cover a Hire Period which has been cancelled may be refunded to the Customer by NTH except where:
11.1 If the Customer:-
then NTH shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 11.2 below.
11.2 If any of the events set out in clause 11.1 above occurs in relation to the Customer then:-
11.3 Any repossession of the Goods shall not affect NTH's right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Goods.
11.4 Upon termination of the Contract the Customer shall immediately:
11.5 The Customer, when also a Consumer, may end the Contract for a reason set out in clauses 11.5.1 to 11.5.5 below by notifying NTH when they wish the Contract to end and the reason why and NTH will then refund the Customer for any Goods, Services, Hire Shield fee, Hire Shield Premium fee, or Cancellation Waiver (where the relevant Hire Period has not yet commenced) or Hire Period which has not been provided where;
12.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
12.2 If NTH is found to be liable in respect of any loss or damage to the Customer's property the extent of NTH's Liability will be limited to the cost of replacement of the damaged property on a like-for-like basis in terms of similar age and condition.
12.3 Any defective Goods must be returned to NTH's supplier for inspection if requested by NTH before NTH will have any Liability for defective Goods.
12.4 NTH shall have no Liability to the Customer if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment.
12.5 NTH 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 Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
12.6 The Customer shall give NTH a reasonable opportunity to remedy any matter for which NTH is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so NTH shall have no Liability to the Customer.
12.7 NTH 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 NTH.
12.8 NTH shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-
12.9 NTH's total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 2 times the total of the Charges and Additional Charges paid by the Customer under the Contract.
12.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
12.11 Nothing in this Contract shall exclude or limit the Liability of NTH for fraud, death or personal injury due to NTH's negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law
13.1 In the event NTH fail to comply with this Contract, NTH are responsible for loss or damage the Customer suffers that is a foreseeable result of NTH's breaching this Contract or NTH's failure to use reasonable care and skill but NTH is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both NTH and the Customer knew it might happen, for example, if the Customer discussed it with NTH during the sale process.
13.2 NTH does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so including liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misinterpretation; for breach of a Customer's legal rights in relation to the Goods including the right to receive Goods which are: as described and match information NTH provided to the Customer and any sample or model seen or examined by the Customer; of satisfactory quality; fit for any particular purpose made known to NTH: for Services supplied with reasonable skill and care.
13.3 NTH are not liable for business losses. NTH only supply the Goods and/or Services to the Customer for domestic and private use. If the Customer uses the Goods and/or Services for any commercial, business or re-sale purpose NTH will have no liability to the Customer for any loss of profit, loss of business, business interruptions, or loss of business opportunity.
13.4 Any defective Goods must be returned promptly to NTH or its supplier for inspection if requested by NTH before NTH can incur any liability for defective Goods.
13.5 The Customer shall give NTH a reasonable opportunity to remedy any matter for which NTH may be liable before the Customer incurs any cost and/or expenses in remedying the matter itself. If the Customer does not do so NTH shall have no Liability to the Customer relating to that matter.
13.6 If NTH are found to be liable in respect of loss or damage to the Customer's property the extent of NTH's Liability will be limited to the cost of making good any damage to the Customer's property.
13.7 Subject to clause 13.2, NTH shall not be liable for any distress or inconvenience caused to the Customer or for any aborted costs or losses arising from engagement by the Customer of any tradesperson or contractor.
14.1 NTH will comply with its duties under the latest applicable data protection legislation and shall only use such personal information of the Customer as is necessary for performance of this Contract, and in any event, on the same provisions for which NTH collects personal information through its website as set out in NTH's privacy policy available at www.nationaltoolhire.co.uk/about/legal/privacy-policy.
14A.1 National Tool Hire uses artificial intelligence (AI) technology to handle inbound customer service calls. By calling our customer service lines, you acknowledge and agree to interact with our AI voice assistant.
14A.2 You will be informed at the start of each call that you are speaking with an AI assistant. You have the right to request transfer to a human agent at any point during your call.
14A.3 All calls (whether handled by AI or human agents) are recorded for quality assurance, training, dispute resolution, and compliance purposes. By continuing the call, you consent to this recording.
14A.4 Our AI system may access information you provide during the call and our knowledge base to assist you. The AI does not make automated decisions that significantly affect your orders, bookings, or account. All such decisions are made by human staff.
14A.5 Call recordings and transcripts are retained for 6 months, or 7 years if a support ticket or booking is created. You may request access to or deletion of your call recordings by contacting us at help@nationaltoolhire.co.uk.
14A.6 We may use anonymised call data to train and improve our AI system. You can opt-out of your data being used for this purpose by requesting this during your call or contacting us directly.
14A.7 Our use of AI technology and processing of call data complies with UK GDPR and Data Protection Act 2018. For full details, see our Privacy Policy at www.nationaltoolhire.co.uk/about/legal/privacy-policy.
14A.8 NTH shall not be liable for any errors, misunderstandings, or limitations in the AI system's responses. Where AI-provided information is inaccurate or incomplete, NTH's liability shall be limited to correcting the information and, where applicable, remedying any direct loss caused, subject to the limitations set out in clauses 12 and 13 of these Terms and Conditions.
14A.9 NTH reserves the right to modify, suspend, or discontinue the AI customer service system at any time without prior notice. Alternative customer service channels will remain available.
15.1 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of a Contract including clauses 4, 7, 8, 9, 12, 13, 14A and 15 shall continue in full force and effect. Termination or expiry of a Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
15.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
15.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
15.4 When dealing as a Consumer, if the Customer has any questions or complaints, they may contact NTH by submitting our online form or writing to National Tool Hire. We will acknowledge complaints within 2 working days and aim to resolve them within 7–10 working days, coordinating with our partner companies as needed. Refunds, where applicable, are processed within 10 working days, subject to banking timeframes.
15.5 *The Customer agrees to indemnify and keep indemnified NTH against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by NTH and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
15.6 In the event NTH does not insist immediately that the Customer does anything it is required to do so under the Contract, or if NTH delays in taking steps against the Customer in respect of the Customer's breaching this Contract, that will not mean that the Customer does not have to do those things, and it will not prevent NTH taking steps against the Customer at a later date.
15.7 If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
15.8 Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
15.9 The Contract constitutes the entire agreement between the parties and each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.
15.10 NTH 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 event. If NTH 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.
15.11 This Contract is personal to the parties and as such neither party shall assign, novate or transfer any or all of its rights and obligations under the Contract without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except to the extent that NTH may, on written notice to the Customer, assign, novate or transfer any or all of its rights and obligations under the Contract to a member of its corporate group or to any person to which it transfers its business or that part of its business to which the Contract relates. Corporate group means NTH itself, any subsidiary or holding company of NTH, or any subsidiary of that holding company from time to time.
15.12 NTH may subcontract any of its obligations under the Contract without the prior written consent of the Customer. NTH shall be responsible for all acts and omissions of its subcontractors as if they were its own acts or omissions.
15.13 All third party rights are excluded, and no third parties shall have any rights to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom NTH has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to NTH's consent, have the right to enforce this Contract as if they were NTH.
15.14 This Contract is governed by the laws of England and Wales and either party may bring legal proceedings in respect of the Contract in the English Courts.
Under clause 4.9 of our Terms and Conditions and subject to clause 9 (Statutory Cancellation Right for Consumers), cancelling an order may incur a cancellation fee up to the full Rental Charges. Our optional Cancellation Waiver, available at booking for a fee calculated as a percentage of the total Rental Charges, allows National Tool Hire to waive this cancellation fee, subject to the terms below. The Cancellation Waiver is not an insurance product but a contractual waiver of our right to recover cancellation fees.
The Cancellation Waiver applies only if:
The Cancellation Waiver does not apply, and the full Rental Charges remain non-refundable, if:
If eligible under the Cancellation Waiver, we will refund the total order value, less the Cancellation Waiver fee, within 21 working days. Bank processing times may vary.
Under our standard Terms and Conditions, you are responsible for any accidental damage caused to Hire Goods during the Hire Period. Certain Hire Goods will have the Hire Shield option applied or made available when purchasing them, which is charged as a percentage of the total Rental charged for the Hire Goods.
If you have paid for this Hire Shield to apply, NTH waives its right to recover from you the cost of repairing any product accidentally damaged by you during any one Hire Period up to a maximum of £500, subject to the additional terms below. Any additional repair costs will remain your responsibility in accordance with the Terms and Conditions.
The Hire Shield is not an insurance product. It is simply a waiver by NTH of its right to claim from you the full cost of repairs for accidental damage to Hire Goods up to the value of the first £500.
1. The Hire Shield will only apply where:
2. The Customer will remain fully responsible for damage to Hire Goods if:
3. The Customer will be liable for any repair costs over the £500 Hire Shield limit in accordance with the Terms and Conditions.
Subrogation, in the context of tool or plant hire, is the ability for an insurer to step into the shoes of the hire company in order to claim losses directly from that hire company's customer for any losses that the insurer has had to pay out on an insured claim. A waiver of subrogation is a contractual agreement that prevents that insurer from seeking that compensation directly from the customer.
Where NTH's hired-in plant insurers have made a payment to NTH or any other third party for making any good loss, destruction, or damage to Hired Goods whilst in the Customer's possession, NTH's hired-in plant insurers may be entitled to seek recovery of its losses and expenses directly from NTH's Customer via this principle of subrogation.
Under clause 5.7 of our Terms and Conditions, where a Customer has purchased the Hire Shield Premium option, NTH shall ensure that the NTH's hired-in plant insurers enter into a contractual agreement with NTH to waive any and all rights or remedies that the hired-in plant insurers may have against the Customer via subrogation, subject to the additional terms below.
The Hire Shield Premium that we offer our customers at the time of booking is charged as a percentage of the total Rental charged for the Hire Goods.
The Hire Shield Premium is not an insurance product. It is simply a waiver by NTH's hired-in plant insurers of its right to claim from you the full cost of repairs for accidental damage to Hire Goods.
1. The Hire Shield Premium will only apply where the Customer has been offered and has paid for the Hire Sheild Premium to apply.
2. Where the Hire Shield Premium has been paid for by the Customer, NTH agrees to take all necessary steps to ensure that a waiver of subrogation is obtained from its hired-in plant insurers for accidental damage to the Hire Goods.
3. In the event that NTH designates certain Hire Goods as requiring the Hire Shield Premium option this can only be refused by the Customer if it can prove to NTH's satisfaction that the Customer has its own suitable Hired In Plant Insurance.
As a quick reference and for answers to the most common questions, we also have a set of Frequently Asked Questions (FAQs).