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Conditions of carriage

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EVS Commercials Ltd

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These Conditions apply to all contracts for the carriage of goods and/or the hire of trailers entered into by EVS Commercials Ltd (“the Company”, “we”, “us”).

1. Definitions

  • “Hirer” means the person or company hiring a trailer.

  • “Trailer” means any curtain-sider or other trailer forming part of the Company’s hire fleet.

  • “Goods” means any items loaded onto or carried in a trailer.

2. Application
These Conditions apply to the exclusion of any other terms the Hirer may seek to impose. By booking or collecting a trailer, the Hirer agrees to these Conditions.

3. Trailer Hire – Hirer’s Responsibility
The trailer remains the property of EVS Commercials Ltd at all times. From the moment the trailer is collected (or delivered) until it is returned and signed back in by the Company:

  • The trailer and all its contents are the sole responsibility of the Hirer.

  • The Hirer is fully responsible for the safe use, loading, securing, towing, parking and return of the trailer.

  • The Hirer accepts the trailer in the condition it is supplied and must inspect it on collection. Any defects must be noted in writing before departure.

  • The Hirer is liable for the full cost of repair or replacement if the trailer is damaged, lost, stolen, impounded or involved in any accident during the hire period (fair wear and tear excepted).

  • The Hirer must ensure the trailer is used only for lawful purposes and within its design and weight limits.

  • The Hirer must not sub-hire, lend or part with possession of the trailer.

  • The trailer must not be taken outside mainland UK without prior written consent from the Company.

  • All risk in the trailer passes to the Hirer on collection and remains with the Hirer until the trailer is returned and accepted by the Company.

4. Insurance

  • The Hirer must maintain adequate insurance covering the trailer for theft, damage, third-party liability and any goods carried, for the entire hire period.

  • Evidence of insurance must be provided before the trailer is released.

  • The Company does not provide insurance for the trailer or its contents. The Hirer indemnifies the Company against any claim arising from lack of, or inadequate, insurance.

5. Towing Vehicle & Driver

  • The Hirer must ensure the towing vehicle is suitable, legally compliant and fitted with the correct coupling and electrics.

  • The driver must hold a valid licence for the combination and be authorised by the Hirer.

  • The Hirer is responsible for compliance with all UK road traffic and operator licensing requirements.

6. Loading & Securing

  • Loading and securing of goods is the Hirer’s responsibility unless otherwise agreed in writing.

  • The Company accepts no liability for loss or damage caused by incorrect loading or inadequate securing.

7. Advertising Space
Where advertising space is provided on the rear (or sides) of a hired trailer:

  • Any graphics, branding or advertising remain the responsibility of the Hirer (or the party paying for the advertising).

  • The Hirer must ensure all advertising is legal and does not damage the trailer.

  • All advertising must be removed cleanly at the end of the hire period at the Hirer’s expense unless otherwise agreed.

8. Return of Trailer

  • The trailer must be returned on time, clean, and in the same condition as when collected (fair wear and tear excepted).

  • Late return may incur additional charges.

  • A cleaning or damage charge will be applied if the trailer is returned dirty or damaged.

9. Limitation of Liability

  • EVS Commercials Ltd’s liability is limited to the greatest extent permitted by law.

  • The Company is not liable for any indirect, consequential or economic loss (including loss of profits, loss of business or loss of goods).

  • The Company’s maximum liability in respect of any claim is limited to the hire charges paid for the relevant period (or such other amount as may be required by law).

  • Nothing in these Conditions excludes liability for death or personal injury caused by negligence, or fraud.

10. Indemnity
The Hirer shall fully indemnify and hold harmless EVS Commercials Ltd against all claims, losses, damages, costs and expenses arising out of the Hirer’s use or possession of the trailer, including any third-party claims.

11. Payment
All hire charges are payable in advance unless credit terms have been agreed in writing. Late payment may attract interest and charges.

12. General
These Conditions are governed by English law. The courts of England and Wales have exclusive jurisdiction.

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