CYLINDER HIRE AGREEMENT TERMS & CONDITIONS
Please read these terms carefully before taking possession of any cylinder.
1. Supply of cylinders
M&S Lyons Ltd (Hatton’s Gas) LP Gas cylinders are supplied only to users of Hatton’s Gas, subject to payment of the applicable hire charges and to these terms and conditions.
2. Definitions
In these terms and conditions, the following words have the meanings set out below:
(a) “Hirer” means any person, firm or company who has obtained possession of a cylinder upon payment of the applicable hire charge.
(b) “Stockist” means any person, firm or company authorised by the Company to retail Hatton’s Gas cylinders.
(c) “Cylinder” means any type of LP Gas container designed or intended by the Company to hold LP gases and includes every part of the cylinder and every replacement supplied by the Company.
(d) “Company” means M&S Lyons Ltd t/a Hatton’s Express Gas.
3. Possession and exchange
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 absolute possession and control of a gas cylinder subject to the provisions below. The Hirer shall be entitled to exchange one empty cylinder in good condition for a full or charged Company cylinder, subject to clauses 6 and 7. The Company will endeavour to make available filled replacement cylinders.
4. Availability of charged cylinders
The granting of absolute possession and control of a cylinder to a Hirer on payment of a hire charge under clause 4 does not constitute or imply a covenant by the Stockist to provide the Hirer with a charged cylinder whenever requested. 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 has been increased or varied.
5. Return and refund of deposit
The Hirer may at any time return a cylinder to the Company or to the Stockist who supplied the same, or to any other Stockist, provided that the cylinder is complete and in good condition and that the Hirer returns his copy of this agreement with such cylinder. The Hirer shall then be entitled to a refund, provided all the terms and conditions of this agreement have been complied with.
The deposit stated on the hire agreement at the time of purchase will be refunded in full upon the return of the cylinder and presentation of the original receipt. A collection charge will be applicable.
6. Inspection and removal
The Hirer agrees to permit and hereby grants the right to any duly authorised agent of the Company or Stockist, at any reasonable time, to enter the address overleaf or any other premises where the Hirer has or may reasonably be supposed to have cylinders, in order to inspect and test the cylinders therein and to remove such cylinders together with the gases contained therein where, in the opinion of the Company, its Stockist or agent, they are in an unsafe condition, upon determination of this agreement.
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.
7. Safe handling and storage
The Hirer undertakes to abide by the instructions for the safe handling and storage of cylinders as attached to the cylinder.
8. Breach
If the Hirer breaches any clause contained herein, the Stockist shall forthwith, without notice, be entitled to treat this agreement as determined.
9. Damaged cylinders
Cylinders which are returned in damaged condition so as to render them unfit for service will only be replaced upon payment of a new hire charge.
10. Liability and warranties
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.
11. Use in mechanically propelled vehicles
The Hirer will not use the gases supplied to him by a Stockist pursuant to this agreement in mechanically propelled vehicles registered for use on the public highway.
12. Ownership of cylinders
Cylinders remain at all times the property of the Company and must not be sold, assigned, transferred, charged or damaged, defaced, tampered with or used for any purpose other than as a container for the Company’s gases, as the case may be.
Acknowledgement and signatures
By signing our terms and conditions ,the Hirer acknowledges that they have received, read and agreed to the above, and will comply with the applicable safety instructions supplied with the cylinder.