GENERAL CONDITIONS OF HIRE

1. Definition of Terms

(a) The "Owner" is the Company letting the unit(s) on hire and includes its successors or assigns.

(b) The "Hirer" is the person, firm, company, corporation or authority taking the owner's unit(s) on hire and includes their successors or personal representatives.

(c) "Unit(s)" covers all classes of Containers and accessories thereon which the owner agreed to hire to the hirer.

2. Conditions

No conditions warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the contract and the hirer admits that no representations have been made to him by or on behalf of the owner which have induced him to enter into the contract.

3. Delivery of Containers

The unit(s) shall be deemed to be in good order and condition in accordance with the terms of the contract and to the hirer's satisfaction, unless notification in writing to the contrary is received by the owner from the hirer within three days of the unit(s) being delivered to the site. Acceptance of the unit(s) on site shall imply acceptance of all terms and conditions.

4. Maintenance and Care

It shall be the responsibility of the Hirer the maintain the unit(s) in the same condition as at date of delivery and to use the same in a workmanlike manner and return the unit(s) on completion of the Hire in good order and condition (fair wear and tear excepted).

5. Loading and Unloading

Any driver supplied by the owner and delivering the unit(s) to the hirer shall be deemed to be under the hirer's control and the hirer shall be responsible for unloading and reloading the unit(s) at the site and the hirer shall be responsible for any damage occasioned (howsoever and by whomsoever caused). Furthermore where notice of delivery or collection has been given but the site is not accessible due to no fault of the owner then the owner reserves the right to charge the hirer reasonable charge for wasted journey(s) waiting time or other expenses incurred therefore.

6. Siting and Change of Site

It is the responsibility of the hirer to ensure the suitability of the site allocated for the unit(s) so that the unit(s) can be loaded or unloaded without difficulty. Where the ground is unsuitable or soft the hirer shall supply and lay timbers or suitable equivalent temporary foundations in a suitable position for the unit(s) to rest on and for loading and unloading. Where the hirer wishes to move the unit(s) from site to which it was delivered or consigned, he must first obtain the owner's written consent. Furthermore the hirer will not affix cause or permit to be affixed the unit(s) permanently to the land so as to become a fixture to the land but must ensure that the unit(s) will rest by its own weight on land, thus remaining a chattel on the land.

7. Loss and Damage

During the continuance of the hire period the hirer shall make good to the owner all loss or damage to the unit(s) or extra chargeable items from whatever cause the same may arise (fair wear and tear excepted). The hirer shall not interfere with or adjust the unit(s) in any way but upon any fault occurring shall immediately inform the owner who shall repair or replace the unit(s) provided the hirer shall keep the owner indemnified against all loss and damage to the unit(s) caused by wilful misuse of it. During the continuance of the hire period the hirer shall insure and keep insured the units and its accessories with a reputable firm of insurers, comprehensively to the full value thereof against all the usual risks including loss or damage by fire flood or accident, and against such other risks as are usually insured against when insuring equipment of the same nature as the unit(s) and its accessories and the hirer will produce such policies to the owner on demand. The owner accepts no liability or responsibility for any loss or damage due to or arising from the unit(s) becoming unusable or uninhabitable through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the unit(s) and its contents. The hire instalments (or rent) shall continue to be payable during the hire period notwithstanding a claim by the hirer is pending, under such insurance policy due to then or damage howsoever caused which results in the unit(s) becoming wholly or partly unusable or uninhabitable.

8. Period of Hire

Commencement and Termination

The hire shall commence from the time when the unit(s) leave the owner's depot or place where last used or sited and shall continue until the unit(s) is received back at the owner's depot or nominated site and in as good condition as hirer received them (fair wear and tear excepted). However an allowance shall be made of not more than one day's hire charge each way for travailing time. Nevertheless if a unit(s) is used on a day of travailing full hire rate shall be paid for that day

9. Identification Marks

The owner reserves the right to affix his mark or plate on the unit identifying as his own property and the hirer shall not remove, deface of cover up the same, and the owner shall at all reasonable times have access to the unit(s) for the purpose of inspecting such plates or marks and keeping the same in repair.

10. Cost of Transport

The cost of transport shall be the responsibility of the hirer and if required by the owner the hirer shall arrange transport of the unit(s) from the owner's depot or place where last used or sited to the site and return to a depot or site named by the owner on completion of the hire period.

11. Right of Owner to inspect

The owner retains the right to have access to the unit(s) to inspect, repair or replace same, and the hirer shall at reasonable times allow the owner, his Agents or his Servants to have access for such purposes. Such work as is necessary shall be carried out at the times convenient to the hirer so far as is reasonably possible.

12. Notice of Termination

(a) Where the hire is for a fixed period the contract will terminate at the expiry of such period.

(b) Where the period of hire is indeterminate the contract shall be determinable by seven days notice in writing given by either party to the other. Such notice of termination in writing must be given by the hirer to the owner or the owner to the hirer at the principal place of business of the hirer or the owner (as the case may be). Where the correct notice of termination has been given but the unit(s) is not made available for collection due to no fault of the owner, then the owner reserves the right to charge the hirer consecutive rentals until the hiring is terminated at owner's depot or site.

1 3. Terms

(a) All prices are exclusive of value added tax (VAT) which will be charged to the hirer at the rate, in force at the relevant tax point.

(b) Unless otherwise stipulated or agreed upon in writing terms of payment are, new monthly account i.e. no later than the end of the month following month of invoicing, The owner reserves the right to demand payment in advance or the right to demand adequate assurances of payment from any hirer whose credit has not been established, whose payment record has been unsatisfactory, or whose financial condition is such as to impair the owners expecting of payment hereunder

(c) Interest shall be payable on any amount outstanding after the due date at the rate of 2.5% per month (calculated on a day to day basis) to run from the date on which such amount was due until receipt by owner of the full amount due (whether before or after any judgement).

(d) The owner reserves the absolute right at any time to alter any of its prices and to alter the payment terms which it allows to hirer without any notice whatsoever.

14. Owners Rights and their Protections

(a) The hirer shall not rehire, sell, mortgage, charge, pledge, sub-let, part with possession or otherwise deal with the unit(s) or its contents without the previous consent in writing of the Owner and, in the case of mortgages, as is hereafter described, and shall protect the same against distress, execution or seizure and shall indemnity the owner against all losses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform the condition except in the event of Government requisition.

(b) Payments. If default be made in punctual payment by the hirer of all funds due to the owner for hire of the unit(s) or its contents or other charges or if any rates taxes and outgoings payable by the hirer of the unit(s) where the unit(s) is installed or it the hirer shall fail to observe and perform the terms and conditions of this contract or if the hirer shall suffer any distress or execution to be levied against him to make or propose to make any arrangements with his creditors being a Company shall go into liquidation (other than a members voluntary liquidation for the purpose of reconstruction or amalgamation only), or shall do or shall cause to be done or permit or suffer any act or thing whereby the owner's rights and the unit(s) and its contents may be prejudiced or put into jeopardy this Agreement shall forthwith be terminated (without any notice or other act on the part of the owner and notwithstanding that the owner may have waived some previous default or matter of the same or a like nature) and it shall thereupon be lawful for the owner to retake possession of the said unit(s) and its contents and for that purpose to enter into and upon any premises for the same and the determination of the hiring under this condition shall not affect the right of the owner to receive from the hirer any monies due to the owner under the contract of damages or a breach thereof. (c) Title to the unit(s) rented shall remain at all times with the owner.

15.1 Consents, Licences or Permissions

The hirer shall obtain from the local and all other competent authorities all necessary consents, licences or permissions of any kind whatsoever required by law in connection with the use of the hire of the unit(s) or site.

15.2

The Company provides no warranty regarding permission required for the siting of any unit(s) and the Hirer shall indemnity the company against any action brought by any third party in respect of its siting or usage.

15.3

The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorizes including regulations under the Factories Act etc and Health & Safety at work act etc and any insurances made necessary thereby

16. Legal Construction

Any agreement made on or subject to these terms and conditions shall be constructed according to English law and subject to the jurisdiction of the Courts of England and Wales and shall be deemed to have been made at and from the accounts office of the Company.

17. Marginal Headings

The marginal headings in these terms and conditions are for guidance only and not to be construed as part of these terms and conditions.

18. Force Majeure

The Company shall not be under any liability of whatsoever kind for non-performance in whole or in part of its obligations under the contract due to any cause beyond the reasonable control of the Company.

19. Consequential Losses

The Company shall not be held responsible for any consequential losses sustained by the hirer in respect of its use of the unit(s) whatsoever or howsoever caused, and holds no responsibility for the condition safety or well being of any of the contents of the unit(s).

20. Arbitration

If during the continuance of this agreement at any time thereafter any dispute difference or question shall arise between the owner and the hirer in regard to the agreement or the construction of these conditions or the rights or inabilities of the owner or the hirer then such differences or questions shall be referred pursuant to the Arbitration Act 1950 or as the case may be any statutory modification thereof to a sole arbitrator to be agreed by the owner and the hirer and failing agreement to the appointment at the request of either the owner or the hirer by the President of the time being of the Liverpool Law Society.