Contract Hire - Terms and Conditions

IMPORTANT: Please read these Terms and Conditions carefully before entering into a Contract Hire arrangement through PlatformSupermarket.com. By proceeding with a Contract Hire, you agree to be bound by these terms.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, the following definitions apply:

“Chargeable Event”	Any event listed in clause 6.3.1
"Contract Hire"	A leasing arrangement whereby you use the Equipment for an agreed term, funded through a Finance Partner.
"Customer" / "You"	The business customer entering into a Contract Hire arrangement through PlatformSupermarket.com, acting wholly in the course of its trade, business, craft or profession, and not as a consumer.
"Equipment"	The powered access platform, aerial work platform, or other machinery supplied under the Contract Hire arrangement, and not supplied for personal, domestic or household use.
"Finance Partner"	The third-party finance company that purchases the Equipment from us and enters into the lease agreement directly with you.
"Lease Agreement"	The separate contract between you and the Finance Partner governing the financial terms of the Contract Hire.
"LOLER"	The Lifting Operations and Lifting Equipment Regulations 1998, as amended from time to time.
"Maintenance Services"	The statutory inspections, LOLER examinations, and basic servicing performed by us as described in clause 6.
"Term"	The duration of the Contract Hire as agreed between you and the Finance Partner.
"Warranty Period"	The period during which the Equipment is covered by the manufacturer's warranty.
“Company" / "We" / "Us"	Horizon Platforms Limited, trading as PlatformSupermarket.com, a company registered in England and Wales.
“Latent Defect”	Any fault or non-conformity in the Equipment that: (a) existed at the date of delivery; and (b) was not reasonably discoverable by a competent inspection of the Equipment at delivery (including the inspection required under clause 3.2.5). A Latent Defect does not include any fault, damage or condition arising from (or contributed to by) wear and tear, misuse, abuse, accident, inadequate storage, failure to operate or maintain the Equipment in accordance with the manufacturer’s instructions, unauthorised modification or repair, or failure to comply with applicable law (including LOLER and PUWER).

1.2 For the avoidance of doubt:

(a) We are responsible solely for the supply and delivery of the Equipment and the Maintenance Services relating to the Equipment; and

(b) the Finance Partner is solely responsible for all financing arrangements, payment obligations and lease terms under the Lease Agreement.

1.3 In the event of any conflict or inconsistency between the documents forming the Contract Hire Agreement, the following precedence shall apply in descending order of priority:

(a) any order confirmation or written quotation issued by us for the Equipment and/or Maintenance Services (including any special terms expressly agreed in writing);

(b) these Terms and Conditions; and

1.4 For the avoidance of doubt, the Lease Agreement shall prevail only in respect of the financing and payment obligations owed by you to the Finance Partner and any other matters expressly stated in the Lease Agreement as being between you and the Finance Partner only.

2. NATURE OF THE CONTRACT HIRE ARRANGEMENT

2.1 PlatformSupermarket.com acts as the supplier of Equipment in connection with Contract Hire arrangements. The financial lease is entered into solely between you and the Finance Partner, i.e. the Lease Agreement.

2.2 Our role is limited to:

(a) Supplying and delivering the Equipment to your nominated address.

(b) Providing ongoing Maintenance Services throughout the Term.

(d) Liaising with you and the Finance Partner regarding end-of-term arrangements, including the collection of Equipment where required.

2.3 All financial terms of the Contract Hire, including but not limited to monthly payments, deposit amounts, machine hours limits, permitted use environments, and end-of-term obligations, are governed exclusively by your Lease Agreement with the Finance Partner. You should review that agreement carefully before proceeding.

2.4 These Terms and Conditions govern the supply, maintenance, and management of the Equipment by Us and do not affect or modify your Lease Agreement with the Finance Partner.

3. ORDERING, PAYMENT, AND DELIVERY

3.1 Order Process & Payment

3.1.1 Orders for Contract Hire Equipment are processed through PlatformSupermarket.com in conjunction with your chosen Finance Partner. An order is only confirmed once:

(a) The Finance Partner has formally approved your finance application.

(b) The Finance Partner has executed the Lease Agreement with you.

3.1.2 We reserve the right to withhold delivery of Equipment until cleared funds have been received from the Finance Partner. We accept no liability for any delay caused by late payment from the Finance Partner.

3.1.3 We may terminate the contract for supply at any time prior to delivery by written notice to you if you are in material breach of these Terms, become insolvent, enter administration, receivership, or any equivalent insolvency process, we are instructed by the Finance Partner to do so or we are unable to fulfil the order due to circumstances beyond our reasonable control, and we shall have no liability to you on such termination save to refund any sums paid to Us by the Finance Partner in respect of Equipment not delivered.

3.2 Delivery

3.2.1 We will arrange delivery of the Equipment to the address agreed at the time of order. Delivery dates provided are estimates only, and we shall not be liable for any delay beyond our reasonable control (time shall not be of the essence).

3.2.2 Risk of loss, theft or damage of the Equipment shall pass to you upon delivery. Legal and beneficial title to the Equipment shall at all times remain with the Finance Partner (or such other owner as may be notified to you in writing) and shall not pass to you. You are responsible for the Equipment from the point of delivery and must ensure it is appropriately insured in line with your Lease Agreement requirements.

3.2.3 At the time of delivery, you or your authorised representative must inspect the Equipment and sign a delivery acceptance note. Any visible damage or discrepancy must be noted on the delivery documentation at the time of delivery. Claims for damage identified after acceptance may not be accepted.

3.2.4 Delivery charges may apply and will be confirmed at the time of order.

3.2.5 If you believe that the Equipment is damaged, incomplete or otherwise not in accordance with your order, you must notify us in accordance with clause 3.2.3; otherwise, you will be deemed to have accepted the Equipment as delivered (including for section 35 of the Sale of Goods Act 1979). Following acceptance (whether express or deemed), you shall not be entitled to reject the Equipment, and any rights in respect of defects shall be limited to those set out in clause 3.2.6.

3.2.6 If a defect becomes apparent after acceptance that was not reasonably discoverable on inspection at delivery (a Latent Defect), you must notify us in writing within 48 hours of discovery or by the end of the next working day (whichever is later), providing reasonable details and evidence. Where the Equipment is within the Warranty Period, and the defect is covered by the manufacturer’s warranty, our role is limited to liaising with the manufacturer in accordance with clause 6.2. Any remedy (including repair or replacement) is subject to the manufacturer’s warranty terms and the manufacturer’s determination. For the avoidance of doubt, your sole and exclusive remedy in respect of any Latent Defect shall be limited to such remedy as is provided by the manufacturer under its warranty, and we shall have no obligation to repair, replace or refund the Equipment except to the extent required under such warranty. We shall have no liability to you if any claim under the manufacturer’s warranty is rejected, limited or delayed by the manufacturer.

3.2.7 You shall keep the Equipment in your possession and control and shall not sell, assign, sub-hire, charge, pledge, lend, encumber or otherwise dispose of the Equipment or any interest in it. You grant to the Company and/or the Finance Partner (and their respective representatives) the right, on reasonable notice (or without notice where the Finance Partner instructs recovery due to default under the Lease Agreement or where there is an urgent safety or security risk), to enter any premises where the Equipment is located to verify its condition and compliance with these Terms, inspect, maintain (including the Maintenance Services) and/or recover the Equipment. You shall provide all reasonable assistance to facilitate safe and prompt inspection, maintenance and recovery of the Equipment (including providing safe access, suitable working space, and any relevant usage or service records reasonably requested).

4. EQUIPMENT, SUITABILITY, AND YOUR RESPONSIBILITIES

4.1 You are responsible for ensuring that the Equipment is suitable for your intended purpose before entering into the Contract Hire. We can provide guidance on specifications and suitability, but the final decision rests with you. Any guidance or recommendation provided by us in relation to the Equipment is given for general information only and does not constitute advice on which you are entitled to rely.

4.2 Except as expressly set out in these Terms, to the fullest extent permitted by law, and subject to clause 9.1, all conditions, warranties, representations and other terms which might otherwise be implied into these Terms or any contract between you and us for the supply and/or delivery of the Equipment (whether by statute, common law or otherwise) are excluded. Where any such terms cannot lawfully be excluded, liability shall be limited in accordance with clause 9.

4.3 You must ensure that:

(a) All operators of the Equipment hold appropriate and current training certification relevant to the Equipment type (e.g. IPAF, PASMA or equivalent).

(b) The Equipment is operated only by trained, competent individuals in accordance with the manufacturer's operating manual.

(d) The Equipment is stored securely and appropriately when not in use, including protection from the elements unless the Equipment is rated for outdoor storage.

(e) Battery-powered Equipment is charged regularly and maintained in accordance with manufacturer guidance. Failure to do so may constitute a chargeable fault.

(f) All fluid levels (including hydraulic fluid, engine oil, and fuel where applicable) are checked and topped up at the intervals specified in the manufacturer's manual.

(g) The Equipment is not used in environments or conditions for which it is not rated, including surface conditions, weather conditions, or hazardous areas, unless such use has been expressly agreed in your Lease Agreement.

(h) The Equipment is insured in accordance with the terms of the Lease Agreement and clause 7.1 below.

4.4 Any modification to the Equipment without our prior written consent and, where required, the consent of the Finance Partner, is strictly prohibited and may render any warranty void and give rise to additional charges.

5. LOLER COMPLIANCE

5.1 All Equipment supplied on Contract Hire is subject to the requirements of LOLER. As the supplier responsible for maintenance, we will arrange and carry out thorough examinations of the Equipment in accordance with LOLER.

5.2 LOLER examinations will be conducted by a competent person at a minimum frequency of twice per year (every six months) as required by regulation, or more frequently if required by the nature of the Equipment or the risk assessment applicable to its use.

5.3 You must:

(a) Ensure the Equipment is made available for examination at the agreed time and location.

(b) Notify us immediately if you believe the Equipment is unsafe or has sustained damage that may affect its safe use.

5.4 Records of all LOLER thorough examinations will be retained by us and copies made available to you and to any relevant enforcing authority upon request.

5.5 The cost of routine LOLER examinations is included within the Contract Hire maintenance provision. Additional examinations required as a result of an accident, incident, or failure attributable to misuse or damage may be charged at our standard rate.

6. MAINTENANCE SERVICES

6.1 Included Maintenance

6.1.1 The following Maintenance Services are included within the Contract Hire arrangement at no additional charge to you:

(a) Two LOLER thorough examinations per year (see clause 5).

(b) Basic preventative servicing in line with the manufacturer's recommended service intervals.

(c) Attendance for mechanical or electrical faults that arise from normal use of the Equipment during the Warranty Period, subject to clause 6.3.

6.2 Warranty Period

6.2.1 New Equipment supplied on Contract Hire is covered by the manufacturer's warranty. The duration of this warranty varies by manufacturer and model and will be confirmed at the time of order. Typical warranty periods range from one (1) to three (3) years.

6.2.2 During the Warranty Period, where a fault arises that is covered under the manufacturer's warranty, we will liaise directly with the manufacturer to arrange engineer attendance to diagnose and repair the Equipment. Response times for warranty repairs are subject to manufacturer availability, and we cannot guarantee specific response times (time shall not be of the essence).

6.2.3 The decision of the manufacturer is final with regard to warranty repairs and/or replacements, and we are under no obligation to challenge, dispute, or engage in further discussion regarding their determination.

6.3 Excluded Matters — Chargeable Events

6.3.1 The following are expressly excluded from the Maintenance Services and will be chargeable (unless otherwise agreed in writing in advance), and all such charges shall be calculated at our prevailing labour, call-out and parts rates:

(a) Failure to maintain battery charge on electrically powered Equipment, including allowing batteries to deep-discharge or deteriorate through lack of regular charging cycles.

(b) Failure to check or top up fluids (hydraulic fluid, engine oil, water, fuel, or other necessary fluids) where this is specified as an operator responsibility in the manufacturer's manual.

(d) Damage caused by improper storage, including exposure to conditions for which the Equipment is not rated (e.g. flooding, extreme temperature, corrosive environments).

(e) Damage arising from misuse, abuse, or use by untrained personnel.

(f) Wear and tear items, including but not limited to tyres, belts, filters, seals, and wearing parts that deteriorate through normal use.

(g) Damage caused by unauthorised modifications or repairs carried out by third parties.

(h) Additional LOLER examinations required as a result of an incident (see clause 5.5).

(i) Costs associated with the recovery or collection of Equipment that has become immobile due to a chargeable fault.

6.3.2 All charges under clause 6.3.1 shall be invoiced and payable within thirty (30) days of the invoice date unless otherwise agreed in writing. We reserve the right to charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, accruing daily. To the extent permitted by law, you shall reimburse us on demand for all reasonable costs and expenses (including legal fees and debt collection agency fees) incurred by us in recovering any overdue sums.

6.3.3 Where reasonably practicable, we will notify you and seek approval before undertaking chargeable repairs, but in circumstances where the Equipment poses a safety risk or where we are unable to contact you within a reasonable time, we reserve the right to carry out necessary remedial work and invoice you accordingly. You shall not be entitled to withhold or delay payment on the basis that you did not approve the relevant work where it was carried out in accordance with this clause.

6.4 Response Times

6.4.1 We aim to respond to non-emergency maintenance requests within three (3) working days and emergency (safety-critical) breakdowns within one (1) working day. These response times are targets only and do not constitute a contractual commitment (time shall not be of the essence). Response times cannot be guaranteed and are subject to engineer availability, parts supply, and circumstances beyond our control.

6.4.2 Where requested by you and agreed by us, we may provide service and LOLER examination records to your Finance Partner as evidence of maintenance compliance. This is a courtesy service only and does not transfer any compliance obligation to us.

7. INSURANCE

7.1 You are responsible for maintaining adequate insurance in respect of the Equipment for the duration of the Term, in accordance with the requirements of your Lease Agreement with the Finance Partner. This should include, as a minimum:

(a) Comprehensive insurance covering loss, theft, and damage to the Equipment.

(b) Public liability insurance appropriate for the use of the Equipment.

7.2 You must provide evidence of insurance upon our reasonable request.

7.3 In the event of loss, theft, or total loss of the Equipment, you must notify us and the Finance Partner immediately and cooperate fully with any insurance investigation.

8. END OF TERM AND COLLECTION

8.1 At the end of the Term as defined in your Lease Agreement, the Equipment must be made available for collection by us within the period stipulated by the Finance Partner.

8.2 The Equipment must be returned:

(a) In a clean and serviceable condition, consistent with fair wear and tear appropriate to its age and usage.

(b) With all accessories, attachments, keys, and documentation originally supplied.

8.3 Prior to collection, we may carry out an inspection of the Equipment. Any damage, missing items, or condition issues beyond fair wear and tear may give rise to charges in accordance with your Lease Agreement with the Finance Partner, and you will be notified accordingly.

8.4 At the end of the Term, a range of options may be available to you, including extension of the Contract Hire, upgrading to new Equipment, or other arrangements. We will contact you in advance of your Term end date to discuss your requirements and explore the options available to you. You are also welcome to contact us at any time to discuss your end-of-term options. We will liaise with the Finance Partner on your behalf where required to facilitate any end-of-term arrangements. Any financial terms agreed for a new or extended arrangement will be subject to Finance Partner approval and the terms of any new Lease Agreement.

9. LIMITATION OF LIABILITY

9.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:

(a) Death or personal injury caused by our negligence.

(b) Fraud or fraudulent misrepresentation.

9.2 Subject to clause 9.1, our total aggregate liability to you in connection with the supply and maintenance of Equipment under these Terms (or otherwise) shall not exceed the total maintenance fees received by us in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 We shall not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, loss of production or any similar heads of loss arising from or in connection with these Terms, even if we were advised of the possibility of such losses.

9.4 We are not responsible for any losses arising from your failure to comply with your obligations under these Terms or under your Lease Agreement with the Finance Partner.

9.5 You shall indemnify and keep indemnified the Company against all liabilities, losses, damages, costs and expenses (including reasonable legal and professional costs) arising out of or in connection with:

(a) your possession, use, operation, storage or transportation of the Equipment;

(b) any breach by you of these Terms or the manufacturer’s instructions;

(d) any unauthorised modification, repair or interference with the Equipment;

(e) any third-party claim (including for personal injury, death, property damage or economic loss) relating to the Equipment or its use;

(f) any investigation, enforcement action, fine, penalty or other regulatory action (including under HSE or RIDDOR) to the extent caused by you or any person under your control; and

(g) any loss of or damage to the Equipment (however caused)

except to the extent caused by the Company’s negligence or wilful misconduct.

10. DATA PROTECTION AND PRIVACY

10.1 We will process personal data provided in connection with the Contract Hire arrangement in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

10.2 Personal data will be used only where necessary to process and manage the Contract Hire arrangement, to deliver and maintain Equipment, and to communicate with you about the arrangement.

10.3 We may share your data with the Finance Partner and, where necessary, with manufacturers and third-party service engineers for the purposes of warranty support and repairs.

10.4 Our full Privacy Policy is available at www.platformsupermarket.com/privacy.

11. HEALTH AND SAFETY

11.1 You are responsible as the user of the Equipment for compliance with all applicable health and safety legislation, including but not limited to:

(a) The Health and Safety at Work etc. Act 1974.

(b) The Provision and Use of Work Equipment Regulations 1998 (PUWER).

(d) The Work at Height Regulations 2005.

(e) Any other regulations applicable to the specific type of Equipment and its use.

11.2 You must ensure that appropriate risk assessments and method statements (RAMS) are in place before using the Equipment at height or in any potentially hazardous environment.

11.3 In the event of any accident, near-miss, or dangerous occurrence involving the Equipment, you must:

(a) Secure the area and ensure the Equipment is not used until assessed as safe.

(b) Notify us as soon as reasonably practicable where the Equipment is within the Maintenance Services period.

(d) Report to the relevant authorities (e.g. HSE under RIDDOR) where legally required.

12. SUSPENSION AND TERMINATION

12.1 We reserve the right to suspend Maintenance Services or seek return of the Equipment in the event that:

(a) You are in material breach of these Terms and (where the breach is capable of remedy) have failed to remedy such breach within fourteen (14) days of written notice.

(b) The Equipment has developed a safety-critical fault or has been identified as unsafe for continued use following inspection or LOLER examination, and you have declined or failed to make the Equipment available (or provide access) for remedial action within a reasonable timeframe.

(d) You become insolvent, enter administration, receivership, or any equivalent insolvency process or cease (or threaten to cease) to carry on business.

12.2 Where we are required to suspend use of the Equipment on safety grounds, we will notify you in writing as soon as practicable, setting out the nature of the fault or concern and the steps required to return the Equipment to service. We will have no liability for any losses suffered or incurred, or for any inconvenience to you, whilst use of the Equipment is suspended or whilst maintenance services are suspended in accordance with this clause.

12.3 Termination of the financial arrangement is governed by your Lease Agreement with the Finance Partner and is separate from these Terms.

12.4 Without affecting any other right or remedy, we may terminate these Terms and Conditions and/or suspend or cease provision of the Maintenance Services for convenience by giving you not less than thirty (30) days’ written notice. For the avoidance of doubt, any termination of these Terms does not of itself terminate or vary your Lease Agreement with the Finance Partner, which remains governed by its own terms. We shall have no liability to you arising from such termination.

13. GENERAL PROVISIONS

13.1 Entire Agreement: These Terms, together with your Lease Agreement with the Finance Partner and any applicable order confirmation, constitute the entire agreement between us in relation to the supply and maintenance of Equipment. They supersede all prior representations, discussions, and agreements.

13.2 Variation: We reserve the right to update these Terms from time to time. Any material changes will be notified to you in writing with reasonable notice. Continued use of the Equipment following changes constitutes acceptance.

13.3 Waiver: Failure by us to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision at a later date.

13.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Force Majeure: We shall not be in breach of these Terms for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, pandemic, flood, fire, war, supply chain disruption, or government action.

13.6 Assignment and Subcontracting: You may not assign, novate, transfer, charge, declare a trust over or otherwise deal with any of your rights or obligations under these Terms (in whole or in part) without our prior written consent. We may assign, novate or transfer our rights and obligations under these Terms to any member of our group or to any successor to our business. We may subcontract the performance of any of our obligations (including Maintenance Services), provided that we remain responsible for the acts and omissions of our subcontractors as if they were our own.

13.7 Third Party Rights: These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

13.8 Governing Law: These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

14. CONTACT AND COMPLAINTS

14.1 For all queries relating to the maintenance of your Equipment, please contact: sales@platformsupermarket.com

14.2 Complaints should be submitted in writing. We will acknowledge all complaints within three (3) working days and aim to resolve them within twenty-one (21) working days.