Cylinder Hire Agreement
TERMS & CONDITIONS OF EXPRESS GAS CYLINDER HIRE
1. Express Gas LP Gas cylinders are supplied only to users of Hattons Gas, Gas on hire subject to the payment of such hire charges as are provided for and are subject to the terms and conditions herein contained.
2. Definitions of the following words shall have the meanings hereby ascribed to them when used throughout these terms and conditions.
(a) The Hirer shall mean any person, firm or company who has obtained possession of a cylinder on payment of the hire charge herein provided for.
(b) The Stockist shall mean all persons, firms or companies authorised by the company to retail Countrywide Gas and cylinders.
(c) Cylinder shall mean any type of LP Gas container designed or intended by the company to be used to hold LP gases and shall include every part thereof and every replacement by the company.
(d) The company shall mean Express Gas.
3. Cylinders remain at all times the property of the company and must not be sold, assigned, transferred, charged or damages, defaced, tampered with or used for any other purpose other than as a container for the companies gases as the case may be.
4. Upon payment to the company or its authorised stockist of the hire charge for the cylinder and for the gas, the hirer shall be entitled to the absolute possession and control of a gas cylinder subject to the following. The hirer will be entitled to exchange one empty cylinder in good condition for a full or charged company cylinder subject to clauses 6 and 7 hereof. The company will endeavour to make available filled replacement cylinders.
5. The granting of absolute possession and control of a cylinder to a hirer on payment of a hire charge provided for in clause 4 hereof does not constitute or imply a covenant by the stockist to provide the hirer with a charged cylinder thereof when requested and without affecting the generality of this provision the stockist shall be entitled to refuse to supply a charged cylinder to the hirer and may instead refund the hire deposit where the amount of deposit which the stockist has been required to pay the company for a cylinder which has been increased or varied.
6. The hirer may at any time return a cylinder to the company or a stockist who has supplied the same or to any other stockist and provided that the cylinder is complete and in good condition and that the hirer returns his copy of this agreement with such cylinder he shall be entitled to a refund. Providing all the terms and conditions of this agreement have been complied with then the customer will be entitled to the following:
WITHIN 1 YEAR FROM THE DATE OF THIS AGREEMENT 70% OF HIRE
WITHIN 2 YEARS 60%
WITHIN 3 YEARS 50%
WITHIN 4 YEARS 40%
WITHIN 5 YEARS 30%
OVER 5 YEARS 25%
A refund of £4.00 may be given for a cylinder returned without any agreement at the discretion of the company or stockist if considered to be genuine.
7. The hirer agrees to permit and hereby grants the right to any duly authorised agent of the company or stockist at any reasonable times to enter the address overleaf or any other premises where the hirer has or may reasonably be supposed to have cylinders to inspect and test the cylinders therein and to remove such cylinders together with the gases contained therein as are in the opinion of the company or its stockist or agent in an unsafe condition, upon determination of this agreement herein provided.
Nothing in these terms and conditions shall be construed as imposing upon the company an obligation to maintain in good condition any cylinders in the hirer’s possession.
8. The hirer undertakes to abide by the instructions for safe handling and storage of cylinders as attached to the cylinder.
9. If the hirer shall break any clause herein contained then the stockist shall forthwith without notice be entitled to treat this agreement as determined.
10. Cylinders which are returned to the stockist in damaged condition so as to render them unfit for service will only be replaced on payment of a new hire-charge.
11. Cylinders are supplied pursuant to this agreement without any warranty or conditions other than those contained herein and the stockist shall be under no liability to the hirer or to any other persons or property arising out of the use or non use of such cylinder unless such loss, damage or injury is caused by the negligence of the stockist, his servant or agents.
12. The hirer will not use the gases supplied to him by a stockist pursuant to this agreement as in mechanically propelled vehicles registered for use on the public highway