Hire Purchase - Terms and Conditions

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

1.  DEFINITIONS AND INTERPRETATION

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

 1.2   For the avoidance of doubt:

(a)    We are responsible solely for the supply and delivery of the Equipment and, where expressly agreed in writing, the provision of any Maintenance Plan and/or maintenance services relating to the Equipment.

(b)    The Finance Partner is solely responsible for all financing arrangements, payment obligations and title/ownership transfer terms under the HP Agreement, and for enforcing any rights and remedies relating to those matters.

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

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

(b)    these Terms and Conditions; and

(c)    the HP Agreement (to the extent it relates to the financing arrangements between you and the Finance Partner).

1.4   For the avoidance of doubt, the HP 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 HP Agreement as being between you and the Finance Partner only.

2.  NATURE OF THE HIRE PURCHASE ARRANGEMENT

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

2.2 Our role is limited to:

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

(b)    Liaising with manufacturers in respect of warranty claims during the Warranty Period.

(c)    Offering optional chargeable Maintenance Plans as described in clause 7.

(d)    Providing such support as may be agreed with you from time to time.

2.3   All financial terms of the Hire Purchase, including but not limited to monthly instalments, deposit amounts, VAT treatment, total amount payable, machine hours limits (where applicable), and ownership transfer provisions, are governed exclusively by your HP Agreement with the Finance Partner. You should review that agreement carefully before proceeding.

2.4   Under a Hire Purchase arrangement, title to the Equipment does not pass to you until all payments under the HP Agreement have been made in full and any final transfer of title has been completed in accordance with the HP Agreement. Until that point, the Equipment remains the property of the Finance Partner.

2.5   These Terms and Conditions govern the supply of Equipment by the Company and, where applicable, the provision of optional Maintenance Plans. They do not affect or modify your HP Agreement with the Finance Partner.

3.  VAT, DEPOSIT, PAYMENT, DELIVERY, LATENT DEFECTS AND INSPECTION RIGHTS

3.1   VAT

3.1.1        VAT is payable in full and upfront on Hire Purchase transactions. The Finance Partner purchases the Equipment from us, and accordingly, we issue our VAT invoice to the Finance Partner. The Finance Partner is responsible for accounting for and recovering VAT in accordance with their own arrangements. Any VAT obligations between you and the Finance Partner are governed by your HP Agreement. You should confirm the VAT treatment with the Finance Partner before entering into the arrangement.

3.2   Deposit

3.2.1        You may choose to pay a deposit at the commencement of the Hire Purchase arrangement. If a deposit is paid, the amount will be confirmed at the time of order and will be set out in your HP Agreement with the Finance Partner. The deposit is paid directly to the Finance Partner. The deposit does not reduce the VAT payable and does not constitute a payment towards VAT unless expressly agreed otherwise in your HP Agreement.

3.3   Order Process

3.3.1        Orders for Hire Purchase 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 HP Agreement with you.

(c)    Full payment from the Finance Partner has been received and cleared by the Company.

3.3.2        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.

3.3.3        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.

3.4   Delivery and Deemed Acceptance

3.4.1        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).

3.4.2        Risk of loss, theft or damage of the Equipment passes shall pass to you upon delivery. You are responsible for the Equipment from the point of delivery and must ensure it is appropriately insured in line with your HP Agreement requirements.

3.4.3        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.

3.4.4        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 3.4.3; 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 3.5.

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

3.5   Latent Defects

3.5.1        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 5.5. 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.

3.6   Inspection Rights

3.6.1        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, contractors and agents) the right, on reasonable notice (or without notice where the Finance Partner instructs recovery due to default under the HP Agreement or where there is an urgent safety or security risk), to enter any premises where the Equipment is located to inspect the Equipment, verify its condition and compliance with these Terms, perform any Maintenance Plan and/or maintenance services (where applicable), and/or recover the Equipment. You will provide all reasonable assistance to facilitate safe and prompt inspection, maintenance and recovery (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 Hire Purchase arrangement. 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 11.1, 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 clauses 11.2 and 11.3.

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.

(c)     The Equipment is used only for its intended purpose and within its rated working load and operating parameters.

(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.

(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 unless such use is appropriate and has been risk-assessed by you.

(h)     The Equipment is insured in accordance with the terms of the HP Agreement and clause 8.1 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 AND MAINTENANCE — YOUR RESPONSIBILITY

5.1   Under a Hire Purchase arrangement, the ongoing maintenance and statutory inspection obligations for the Equipment rest with you as the hirer/user. This is a fundamental distinction from a Contract Hire arrangement.

5.2   All Equipment supplied on Hire Purchase that constitutes lifting equipment is subject to the requirements of LOLER. You are responsible for ensuring that:

(a)    Thorough examinations are carried out by a competent person at a minimum frequency of twice per year (every six months), or more frequently if required by the nature of the Equipment or applicable risk assessments.

(b)    All LOLER examination reports are retained and made available to any relevant enforcing authority upon request.

(c)    The Equipment is not used where it has been identified as unsafe following examination until confirmed fit for use.

(d)    Any defects identified during examinations are remedied promptly by a suitably qualified engineer.

5.3   Many Finance Partners will require evidence that the Equipment is being properly maintained and that LOLER examinations are up to date as a condition of your HP Agreement. You are solely responsible for complying with any such requirements. We may, at our discretion and upon request, provide information to the Finance Partner regarding any Maintenance Plan we are providing to you, but we are under no obligation to do so, and this does not transfer any compliance responsibility to us.

5.4   New Equipment supplied on Hire Purchase 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.

5.5   During the Warranty Period, where a fault arises that is covered under the manufacturer's warranty, we will liaise with the manufacturer on your behalf to arrange warranty repairs where a qualifying fault arises. 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. NO INCLUDED MAINTENANCE

6.1   Unlike a Contract Hire arrangement, Hire Purchase does not include any maintenance, servicing, or LOLER examination as part of the arrangement. You are wholly responsible for all maintenance, servicing, and statutory inspections from the date of delivery.

6.2   You must arrange and fund all of the following at your own cost:

(a)    Routine preventative servicing in accordance with the manufacturer’s recommended service intervals.

(b)    LOLER thorough examinations as required by regulation (see clause 5.2).

(c)    All mechanical and electrical repairs arising during the Term, except where covered under the manufacturer’s warranty (see clause 5.4).

(d)    All wear and tear items, including but not limited to tyres, belts, filters, seals, and other wearing parts.

(e)    Battery maintenance and replacement, where applicable.

(f)     All fluid top-ups and replacements as required by the manufacturer’s manual.

6.3   Failure to maintain the Equipment properly may:

(a)    Void the manufacturer’s warranty.

(b)    Result in breach of your HP Agreement with the Finance Partner.

(c)    Give rise to liability for the cost of repairs or replacement of the Equipment.

(d)    Create health and safety risks for which you bear sole responsibility.

7.  OPTIONAL MAINTENANCE PLANS

7.1   We offer optional, chargeable Maintenance Plans for Equipment supplied on Hire Purchase. These are entirely separate from the Hire Purchase arrangement itself and are contracted independently between you and the Company.

7.2 What May Be Included

7.2.1        Subject to the specific plan selected and agreed in writing, a Maintenance Plan may include any combination of the following:

(a)    Periodic preventative servicing in line with manufacturer-recommended intervals.

(b)    LOLER thorough examinations carried out by a competent person.

(c)    Attendance for mechanical or electrical faults arising from normal use during the Warranty Period.

(d)    Post-warranty repair labour (parts may be charged separately depending on the plan).

7.3     Charges

7.3.1        All Maintenance Plans are chargeable. Pricing will be provided to you at the time of enquiry and will be set out in a separate service agreement. Charges are in addition to your payments under the HP Agreement with the Finance Partner. We will invoice you for Maintenance Plan fees in accordance with the subscription schedule (or other billing schedule) set out in the applicable service agreement, and you must pay each invoice 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.

7.4     Excluded Matters — Chargeable Events

7.4.1        Regardless of the Maintenance Plan selected, the following are excluded and will be charged additionally, unless agreed otherwise in writing in advance, 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.

(c)    Damage arising from accidental damage, including collisions, drops, overloading, or contact with structures.

(d)    Damage caused by improper storage, including exposure to conditions for which the Equipment is not rated.

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

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

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

7.5     Repairs

7.5.1        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.

7.6     Response Times

7.6.1        Where a Maintenance Plan includes emergency breakdown attendance, we aim to respond to safety-critical breakdowns within one (1) working day and non-emergency requests within three (3) working days. 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.

7.6.2        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.

7.7     Suspension and Termination

7.7.1        We reserve the right to suspend performance of any Maintenance Plan and/or maintenance services (in whole or part), and/or to terminate the applicable Maintenance Plan/service agreement by written notice, if:

(a)   You are in material breach of these Terms or the applicable Maintenance Plan/service agreement, and (where the breach is capable of remedy) you have failed to remedy that breach within fourteen (14) days of written notice;

(b)   Any invoice relating to a Maintenance Plan and/or maintenance services is overdue and remains unpaid fourteen (14) days after we have given you written notice that payment is overdue;

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

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

7.7.2        Where we are required to suspend use of the Equipment or suspend/withhold maintenance on safety grounds, we will notify you in writing as soon as reasonably practicable, setting out the nature of the fault or concern and (where applicable) 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.

7.7.3        Termination of the financial arrangement is governed by your HP Agreement with the Finance Partner and is separate from these Terms. For the avoidance of doubt, termination or expiry of any Maintenance Plan/service agreement does not of itself terminate or vary your HP Agreement, and termination or expiry of your HP Agreement does not automatically terminate any Maintenance Plan/service agreement unless the applicable Maintenance Plan/service agreement expressly provides otherwise.

7.7.4        Without affecting any other right or remedy, we may terminate these Terms and Conditions and/or any Maintenance Plan/service agreement for convenience by giving you not less than thirty (30) days’ written notice. We will not refund prepaid fees, but we will not charge fees for the period after termination takes effect. We shall have no liability to you arising from such termination.

8.  INSURANCE

8.1   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 HP 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.

8.2   You must provide evidence of insurance upon our reasonable request or upon the Finance Partner’s request.

8.3   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.

9.  END OF TERM AND TITLE TRANSFER

9.1   At the end of the Term, provided all payments under your HP Agreement have been made in full, title to the Equipment will pass to you in accordance with the terms of your HP Agreement with the Finance Partner. We have no role in the title transfer process; this is governed solely by your HP Agreement.

9.2   If you are in arrears or default under your HP Agreement, the Finance Partner may exercise its rights to recover the Equipment. We may be instructed by the Finance Partner to facilitate the collection of the Equipment in such circumstances. Prior to collection, we may inspect the Equipment. Any damage, missing items, or condition issues beyond fair wear and tear may give rise to charges in accordance with your Agreement with the Finance Partner, and you will be notified accordingly. We shall not be liable for any loss you suffer as a result of any such recovery.

9.3   Where you have taken a Maintenance Plan with us, that plan will be separately terminable in accordance with its own terms and is not affected by the end of the HP Agreement, save that our obligation to maintain the Equipment will cease once title has passed to you, unless a new agreement is put in place.

10.  HEALTH AND SAFETY

10.1 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).

(c)    LOLER 1998.

(d)    The Work at Height Regulations 2005.

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

10.2 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.

10.3 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 may be subject to an existing Maintenance Plan.

(c)    Preserve any evidence relevant to the incident.

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

11.  LIMITATION OF LIABILITY

11.1 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.

(c)    Any other liability that cannot be limited or excluded by law.

11.2 Subject to clause 11.1, our total aggregate liability to you in connection with the supply of Equipment under these Terms shall not exceed the total amount received by us from the Finance Partner in respect of the Equipment purchase.

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

11.4 We are not responsible for any losses arising from your failure to maintain the Equipment, comply with LOLER or other statutory obligations, or comply with the terms of your HP Agreement with the Finance Partner.

11.5 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 and Conditions or the manufacturer’s instructions (including the operating manual);

(c)    any negligent act or omission, misuse or abuse of the Equipment by you or any person under your control;

(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 arising out of or in connection with your possession, use, operation, storage or transportation of the Equipment, or any act or omission by you or any person under your control, except to the extent caused by our negligence or wilful misconduct

12.  DATA PROTECTION AND PRIVACY

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

12.2 Personal data will be used only where necessary to process and manage the Equipment supply, to arrange delivery, and to communicate with you about the arrangement and any Maintenance Plan.

12.3 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 any maintenance services you have contracted with us.

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

13.  GENERAL PROVISIONS

13.1 Entire Agreement: These Terms, together with your HP Agreement with the Finance Partner, any Maintenance Plan agreement, and any applicable order confirmation, constitute the entire agreement between us in relation to the supply 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 notice of 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 shall keep the Equipment in your possession and control and must not sell, assign, transfer, sub-hire, charge, pledge, lend, encumber or otherwise dispose of the Equipment or any interest in it. 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 under these Terms (including any Maintenance Plan and/or 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.