SKYNOX Ltd Terms and Conditions
Thank you for choosing SKYNOX Ltd as your provider of lighting towers, dust suppression units, diggers (Plant), generators, and other equipment. Please read these terms and conditions carefully before proceeding with your order. By accepting them, you agree to be bound by their provisions and all applicable UK laws and regulations.
Definitions
- βWeβ, βusβ, βourβ or βSKYNOXβ: SKYNOX Ltd, a company registered in England and Wales with company number 15176250.
- βYouβ, βyourβ or βthe customerβ: The individual, firm, or company hiring or purchasing equipment from us.
- βThe equipmentβ: Lighting towers, dust suppression units, diggers (Plant), generators, and any other equipment supplied by SKYNOX, including accessories, parts, or replacements.
- βThe contractβ: The agreement between you and us for the supply of equipment, incorporating these terms.
- βThe hire periodβ: The period commencing when you receive the equipment and ending when it is returned to us or collected by us.
- βThe purchase priceβ: The price agreed in writing, as specified in our quotation or invoice.
- βNormal wear and tearβ: Minor deterioration from proper use, excluding damage due to misuse, neglect, or accident.
General Equipment Clause
These terms and conditions shall apply to all equipment supplied by SKYNOX Ltd, whether specifically listed or not, unless otherwise agreed in writing by both parties. This ensures applicability to any future equipment offerings.
Hire of Equipment
- Hire Charges: You shall pay the hire charges as agreed, calculated on a daily, weekly, or monthly basis. Payment shall be due within 30 days of the invoice date unless otherwise agreed in writing. Late payments shall incur a charge of 5% of the outstanding amount per week, assessed weekly from the due date until payment is received in full.
- Deposit: You shall pay a refundable security deposit prior to hire commencement. We may deduct from this deposit any costs for damage, loss, or late returns exceeding normal wear and tear, refunding the balance within 14 days of return.
- Insurance: You shall maintain comprehensive insurance covering the full replacement value of the equipment against theft, loss, damage, and all other risks throughout the hire period, effective from receipt until return or collection. Proof of such insurance shall be provided to us upon request. Failure to maintain insurance may result in immediate termination of the hire and additional charges for any uninsured losses.
- Usage: You shall use the equipment safely and solely for its intended purpose, adhering strictly to our instructions or the manufacturerβs manual, which you must read and understand before operation. No alterations or modifications are permitted without our prior written consent. For high-risk equipment (e.g., diggers and generators), only authorised and trained personnel with valid certification (where legally required) shall operate it. You shall comply with all electrical safety standards and manufacturer guidelines for generator installation and operation.
- Care: You shall maintain the equipmentβs safety and perform basic upkeep (e.g., cleaning, secure storage) during the hire period but shall not undertake maintenance or repairs, which remain our responsibility. You shall notify us immediately of any theft, loss, damage, or operational issues. If the equipment reaches its maintenance threshold (as specified in the manual or by us), you shall cease use and inform us promptly.
- Compliance: You shall comply with all applicable health, safety, environmental, and other legal requirements, obtaining any necessary permits or licences. You shall use the equipment in an environmentally responsible manner and bear full liability for any fines, penalties, or environmental damage arising from misuse.
- Return: You shall return the equipment clean and in good working condition (subject to normal wear and tear) at the end of the hire period or upon our request, bearing all transport costs unless otherwise agreed in writing. Late returns shall incur additional hire charges at the agreed rate plus 20% until returned.
Purchase of Equipment
- Payment: You shall pay the full purchase price prior to delivery or collection.
- Delivery: We shall deliver the equipment or make it available for collection upon receipt of payment. Delivery charges may apply and will be specified in advance.
- Title: Ownership transfers to you upon delivery or collection, provided full payment has been received; until then, we retain title, and you shall hold the equipment as our bailee, refraining from selling or pledging it without our consent.
- Warranty: We provide a 12-month warranty from the date of delivery or collection against defects in materials or workmanship under normal use. This excludes consumables (e.g., filters), wear parts (e.g., digger tracks), or damage from misuse. You shall notify us within 14 days of discovering any defect or when maintenance is required under warranty, with return transport at your expense. Post-warranty maintenance is your responsibility unless otherwise agreed.
Liability and Indemnity
- Limitation: Our liability for any loss or damage is limited to that caused by our negligence or wilful misconduct. We shall not be liable for indirect or consequential losses (e.g., lost profits, business interruption) or equipment downtime unless resulting from our gross negligence.
- Indemnification: You shall indemnify and hold us harmless against all claims, losses, damages, or liabilities arising from your use of the equipment, except where caused by our negligence.
Special Conditions for Equipment
- Lighting Towers: You shall ensure suitability for the intended use and lower the mast at wind speeds exceeding 80 km/h, when not in use, or during transport. You shall bear all related damages or fines for non-compliance.
- Diggers (Plant): You shall confirm suitability for ground conditions and use only certified operators where required by law. You shall be liable for damages or fines from overloading, unstable terrain, or regulatory breaches.
- Generators: You shall ensure proper grounding, adequate ventilation, and compliance with noise regulations, not exceeding rated capacity. You shall be responsible for damages or fines from electrical hazards, overloading, or improper placement.
Replacement of Stolen or Damaged Goods
- Insurance Requirement: You shall maintain comprehensive insurance covering the full replacement value of the equipment against theft, loss, damage, and all other risks throughout the hire period, effective from receipt until return or collection. Proof of insurance shall be provided upon request. Failure to comply may result in immediate termination of the contract and liability for all uninsured losses.
- Responsibility: You shall replace any equipment stolen or irreparably damaged while in your possession or control, whether on hire or awaiting collection.
- New Replacement: If the equipment is less than three years old at the time of loss, you shall replace it with new equipment of identical quality and specifications.
- Depreciated Replacement: If older than three years, you shall replace it with equipment of similar age and condition or pay a settlement fee based on straight-line depreciation from the original purchase price, as determined by us.
- Continued Hire Charges: You shall continue paying hire charges at the agreed rate until replacement equipment or settlement payment is received by us.
- Notification: You shall notify us within 24 hours of any theft or damage, providing full details and cooperating fully with police or insurance investigations.
- Inspection Rights: We reserve the right to inspect damaged equipment or the site of loss to verify circumstances prior to agreeing on replacement or settlement.
- Settlement Payment: Any settlement fee for depreciated equipment shall be paid within 28 days of our agreement on the amount.
Fuel Policy
- Fuel Type: You shall use only White Diesel for equipment requiring it (e.g., lighting towers, dust suppression units, diggers) and the fuel type specified in the manufacturerβs manual for generators (e.g., diesel). Incorrect fuel use shall render you liable for resulting damages and repair costs.
- Return Condition: Equipment shall be returned with a full tank of the specified fuel. Failure to comply shall incur refuelling costs plus a 20% service fee.
Customer Service and Dispute Resolution
- Complaints: We aim to provide excellent customer service. If you have a complaint, contact us immediately. We shall acknowledge it within 48 hours and endeavour to resolve it within 14 days. Unresolved disputes may proceed to mediation or arbitration by mutual agreement before litigation.
- Dispute Costs: Each party shall bear its own costs in disputes unless otherwise ordered by a court.
Termination
- By Us: We may terminate the contract immediately by written notice if you commit a material breach (e.g., non-payment, misuse) or become insolvent, with you liable for return costs and all outstanding charges.
- By You: You may terminate with 7 daysβ written notice, remaining liable for hire charges up to the termination date.
Data Protection
- Where we process personal data (e.g., your contact details), we shall comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. You consent to such processing for the purpose of performing this contract.
Force Majeure
- Neither party shall be liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, strikes, government actions), provided prompt written notice is given and reasonable efforts are made to mitigate impacts.
Entire Agreement
- This contract constitutes the entire agreement between the parties, superseding all prior agreements, understandings, or representations. Amendments shall be valid only if made in writing and signed by both parties.
Governing Law and Jurisdiction
- This contract is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.
Severability
- If any provision is found invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.
Changes to Terms
- We may amend these terms, notifying you via email or our website at least 30 days in advance. Continued use of our services constitutes acceptance of such changes.
Customer Acknowledgment
- By proceeding with hire or purchase, you confirm you have read, understood, and agreed to these terms.
Emergency Hire Terms
- Availability: Emergency hire equipment is available 24/7 with priority delivery and setup.
- Charges: Rates may differ from standard hires and shall be confirmed at booking.
- Deposit: A refundable security deposit shall be required, as specified at booking.
- Insurance: You shall maintain comprehensive insurance covering the full replacement value of the emergency hire equipment against theft, loss, damage, and all other risks while in your possession or control, with proof available upon request.
- Usage, Care, Return, and Liability: These shall mirror the standard hire terms above.