TERMS AND CONDITIONS FOR HIRE OR THE SUPPLY OF GOODS BY BLANCHFORD & CO LTD Definitions In this Agreement:-�Agreement� means the Order and the standard terms and conditions of supply set out in this document and (unless the context otherwise requires) includes any Special Conditions agreed in Writing between the Customer and Blanchford�Blanchford� means Blanchford & Co Limited, a company registered in England under Company Number 00343019 and whose office is at 59 Windmill Road, Headington, Oxford  OX3 7BS. �Charges� means charges for Services being either the hire Charges for Equipment or the price of Goods, whichever shall apply in accordance with the Order.�Customer� means the person or company named in the Order who accepts the written quotation of Blanchford for the Services or whose order for the Services is accepted by Blanchford. �Day�[means 24 consecutive hours].�Equipment�  means any plant machinery or equipment of whatever kind hired by Blanchford under this Agreement and shall include any ancillary equipment accessories or gas cylinders for the same supplied by Blanchford with the Equipment but shall specifically exclude any fuel lubricants or other consumables which are the responsibility of the Customer. �Goods� means goods for sale forming (together with any services e.g. installation if applicable) the subject of this Agreement including parts and components of or materials incorporated in them.�Hire Period� means the period of hire of the Equipment as stated on the Order being not less then one Week unless otherwise expressly agreed between the parties commencing on the date when the Equipment leaves Blanchford�s depot and ending on the date when the Equipment is returned to the depot, both days being chargeable .�Special Conditions�means any additional conditions agreed in Writing between the parties which will be identified as such by being termed Special Conditions.�Order� means an order for the supply of Services which is made on Blanchford�s order form and which is signed by Blanchford and the Customer. �Services� means any services including hire of Equipment and/or sale of Goods, or any part of them which Blanchford is to supply in accordance with this Agreement details of which are set out in the Order. �Week�[means five consecutive Days].�Writing� includes facsimile transmission, e-mail and comparable means of communicationAny reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.The headings in this Agreement are for convenience only and shall not affect their interpretation This Agreement overrides any terms and conditions the Customer may have put forward, unless Blanchford has agreed to any other conditions in Writing.These conditions do not affect the Customer�s rights as a person dealing as a consumer, not for business purposes. Basis of the Supply of the Services. Blanchford shall supply and the Customer shall purchase the Services in accordance with the Order and, in any case, subject to this Agreement. In the event of any conflict between this Agreement and the Order, this Agreement shall prevail unless otherwise stated.No variation of this Agreement shall be binding unless agreed in Writing between the authorised representatives of the Customer and Blanchford.Blanchford�s employees or agents are not authorised to make any representations concerning the Services unless confirmed by Blanchford to the Customer in Writing.  In entering into this Agreement the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. Any advice or recommendation given by Blanchford or its employees or agents to the Customer or its employees or agents as to the application or use of the Services which is not confirmed in Writing by Blanchford is followed or acted upon entirely at the Customer�s own risk, and accordingly Blanchford shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Blanchford shall be subject to correction without any liability on the part of Blanchford. Where Special Conditions are stated on the face hereof such conditions and this Agreement will rank in equal priority except where there is any inconsistency when the Special Conditions shall prevail.Blanchford reserves the right to make any changes to the Services without notifying the Customer which are required to comply with any applicable safety, statutory or EU requirements or which do not materially affect the nature or quality of the Services. Maximum Hire Period for a Consumer. If the Customer is not a company or corporation, any hire Agreement will end within 3 months of the beginning of the Hire Period.  If the Customer has not already done so the Customer must return the Equipment to Blanchford on the day before the end of the 3 month period. If the Customer fails to do this Blanchford may charge the Customer for any financial loss Blanchford suffers as a result. Charges. Subject to this clause 4 and unless otherwise expressly stated within this Agreement, the price of the Services shall be the price stated in the Order. Blanchford reserves the right, by giving reasonable written notice to the Customer at any time before performance of the Services which are the subject of an Order, to increase the price of the Services to reflect any increase in the cost to Blanchford which is due to any factor beyond the control of Blanchford (to include but not limited to, any alteration of duties, significant increase in the costs of labour, materials or other costs), any change in dates for performance of the Services and/or quantities or specifications for the Services which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Blanchford adequate information or instructions. Blanchford's tariff of hire Charges will be reviewed from time to time. Copies are available on request. Charges for Goods .The prices for the Goods are ex-works and exclude packing insurance and carriage Value Added Tax and other taxes or duties and Value Added Tax will be payable by the Customer and charged at the rate applicable.Blanchford shall have the right to adjust its prices for any increase in the price of materials parts labour transport changes in work or delivery schedules or quantities or any costs of any kind arising from any reason after the date of the contract. The cost of any variation or modification of the design specification materials or drawings of the goods or services or any development thereof requested by the Customer after the date of the contract shall if such variation or modifications are accepted by Blanchford be borne by the Customer. Hire Charges for Equipment Hire charges are due for each Day or any part thereof that the Customer has the Equipment including Saturdays, Sundays and public holidays.The Customer will be charged for consumables (for example drill bits, blades, sandpaper, goggles, masks) on hire of Equipment but will refund the charge for any consumables returned (within 30 days) in a reusable condition.  For some items such as sandpaper, goggles and  masks, this means returned in unopened packaging. Delivery and Collection ChargesThe Customer shall pay any agreed charges for delivering or collecting the Goods or Equipment.  If the Order includes carriage charges, these only cover the time needed to load or unload Blanchford's vehicle at the address specified on the Order.  Any further time spent shall be charged for at Blanchford's standard rates, including where Customer instructions for delivering or collecting the goods are unclear because of the Customer's acts or failure to do something. Terms of Payment The Customer shall pay the Charges for the Services [within [30] days of the [date of Blanchford�s invoice/the end of the month in which the invoice was dated] OR [ as agreed with Blanchford from time to time] and the time of payment of the Charges for the Services shall be of the essence of this Agreement. If the Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Blanchford, Blanchford shall be entitled, without prejudice to any other right or remedy available to Blanchford and at its sole discretion, to: terminate the contract or suspend all or any further performance of the Services due under any or all contracts between the Customer and Blanchford; charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of [   4   ] per cent per annum above the base rate of Barclays Bank Plc, from time to time in force until payment is made in full or at the rate of interest from time to time in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 whichever is the higher and to recover all and any costs incurred by it (including costs fees and disbursements of any outside agency) in collecting any monies due; treat all other sums owing or incurred by the Customer to Blanchford but not already due for payment as due and immediately payable in full. The Customer will inform Blanchford if it cannot or anticipates that it will not be able to make a payment on time. If the Customer has any queries about an invoice, it shall notify Blanchford within [30 ]days of the date of the invoice. [Insurance The Customer shall throughout the Hire Period including the notice period at the Customer�s expense fully insure with a reputable insurance office in the joint names of the Customer and Blanchford the Equipment for the full replacement value thereof against loss or damage or destruction howsoever arising. The Customer shall: produce the policy or policies effected under this clause 9 for inspection by Blanchford on demand; and hold the proceeds of any claim under the policy or policies in trust for Blanchford.]Indemnity The Customer accepts full liability and responsibility in respect of and shall fully and completely indemnify Blanchford against all third party claims and losses howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by or relating to the Equipment or its use including but not limited to the payment of all damages costs and charges in connection therewith, except insofar as the damage loss destruction injury or death directly results from the negligence of Blanchford its employees or agents. Customer�s Responsibility when Hiring Equipment The Customer warrants and represents to Blanchford that it will obtain every necessary licence or permit required and/or comply with any legal requirement for or relating to the use and/or installation of the Equipment The Customer must unload and load the Equipment at the address specified by the Customer.  The Customer must also load and unload the Equipment at Blanchford�s premises when the Customer, or the Customer�s agent, collects or returns the Equipment.  If Blanchford supplies any person to help the Customer, the Customer must give him or her clear instructions when necessary. The Customer becomes responsible for the Equipment when the Customer, or the Customer�s agent, receives them.  If the Equipment is delivered to the Customer, this will be when the Customer�s responsibility starts.  The Customer�s responsibilities include protecting the Equipment and keeping it safe from the weather, theft, vandalism or improper use.  At the end of the Hire Period the Customer must return the Equipment unless the Customer has made arrangements for Blanchford to collect it.  The Customer�s responsibility does not end until the Equipment has been returned or collected and Blanchford is able to give the Customer a receipt for it.  The Customer must not sell or in any way give up control of the Equipment. The Customer is responsible for looking after the Equipment and returning it to Blanchford clean and in good working order. The Customer must pay Blanchford its reasonable costs of repairing or cleaning the Equipment if the Customer returns it damaged or unclean.The Customer must pay to Blanchford the cost on a new for old basis of replacing any Equipment which is lost or stolen or damaged beyond economic repair (that is if the repair would cost more than the equipment is worth).  The Customer should insure the Equipment for the replacement (new for old) cost as set out in clause 9 above.  Hire Charges continue until the cost of cleaning repairing or replacing the Equipment has been paid by Customer. [Clause 11.6 above is not part of this Agreement if these costs are incurred as a result of Accidental Damage and you have paid an extra amount for Damage Protection and complied with the terms of our Accidental Damage Protection (�ADP�) Scheme.] The Customer must make sure the Equipment remains safe, clean and in working order.  If the Equipment breaks down or is not working properly the Customer must report this to Blanchford immediately.  The Customer must not repair the Equipment unless the Customer is authorized to do so by Blanchford.  The Customer must return the Equipment for Blanchford to examine it unless Blanchford has agreed otherwise.  The Customer must tell Blanchford immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.  The Customer must take all necessary steps to make the Equipment safe and to protect it against theft or damage. Location of Equipment  The Equipment must not be moved from any site agreed by Blanchford unless the Customer has Blanchford�s written permission. Time for Delivery or Collection All the times Blanchford quotes for delivering or collecting the Equipment or the goods are approximate. Blanchford will not be liable for any damages whether direct or indirect resulting from any delay in delivering or collecting the Equipment or the Goods caused by circumstances beyond Blanchford�s control. Risk and Title in Goods. Goods supplied under this Agreement shall be at the risk of the Customer as soon as they are delivered to the Customer's vehicle or premises or otherwise to the Customer's order but the Goods shall remain the sole property of Blanchford as legal and equitable owner until the Customer has paid the Charges in full under this Agreement or any other agreement. The Customer agrees that until payment in full is made the Customer shall be in possession of the Goods as bailee for Blanchford and will at no cost to Blanchford store the Goods at the Customer's premises separately from the Customer's own goods or those of any third party and in a manner which makes the Goods readily identifiable as Blanchford's Goods.The Customer may sell the Goods before payment is made in full provided that:any such sale shall be as agent and bailee of Blanchford; until payment in full is made the entire proceeds of any such resale shall be held in trust for Blanchford and shall not be mingled with any other monies or paid into any overdrawn bank account but shall at all time be kept separately and identifiable as Blanchford's money; and if the Customer has not received the proceeds of any such resale [within X days of supply] the Customer on Blanchford's request shall assign to Blanchford all rights against the person, firm or company to whom the Goods were supplied.Claims Notification. Any claim that the Goods or any part of them have been delivered damaged or are not of the correct quantity or do not comply with their description shall be notified by the Customer to Blanchford by written endorsement on the delivery note in respect of the Goods and in Writing to Blanchford within 72  hours of their delivery.Any claim that the Goods or any part of them have been lost in transit or are defective or, in the case of Services, of a defect in workmanship shall be notified by the Customer to Blanchford within [7 ] days of delivery of the Goods or completion of the Services.Any claim under this clause must be in Writing and must contain full details of the claim including the part numbers of any allegedly defective Goods or part thereof. Blanchford shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in Writing by Blanchford promptly return any of the Goods the subject of any claim and any packing materials securely packed and carriage paid to Blanchford for examination. Blanchford shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in this Agreement. Blanchford�s Rights of Access.Blanchford may enter any land or premises, other than the Customer�s home, where Blanchford reasonably believe the Equipment is.  Blanchford may do this at reasonable times and after giving reasonable notice.  Blanchford can only have this access if Blanchford needs to inspect, test, repair, service, replace or repossess the Goods and/or the Equipment.[Information and Confidentiality.Neither party shall, other than with the prior consent of the other party, during or after termination, determination or expiry of this Agreement disclose directly or indirectly to any person, firm, company or third party and shall only use for the purposes of this Agreement, any information relating to the Services, the other party, its business, trade secrets, customers, suppliers or any information of whatever nature which the other party has or shall hereafter become possessed of.  The foregoing provisions shall not prevent disclosure or use by either party of any information which is or hereinafter through no fault of that party, becomes public knowledge or to the extent permitted or required by law.]Subcontracting.Where Blanchford considers it necessary to subcontract or use the Services of a third party for all or any of the Services, Blanchford shall not be required to obtain the consent of the Customer.Warranties and Liability.If Equipment breaks down or stops working properly, so long as this has not been caused by the Customer�s misuse or neglect Blanchford will repair or replace the Equipment or refund some or all of the hire Charges as appropriate but Blanchford will not be liable for any loss or damages whether direct or indirect which the Customer may claim as a result of the Equipment breaking down or not working properly. Blanchford warrants to the Customer that the Services will be provided using reasonable care and skill, and, as far as possible, in accordance with this Agreement.Blanchford shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Customer which are incomplete, incorrect, or illegible, or arising from their late arrival or non-arrival or any other fault of the Customer Except in respect of death or personal injury caused by Blanchford�s negligence for which no limitation shall apply or as expressly provided by this Agreement, Blanchford shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit, loss of anticipated profit, loss of contract, loss of business, economic loss or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Blanchford, its employees or agents or otherwise) which arise out of or in connection with the supply or partial failure of supply of the Services or their use by the Customer, its employees, contractors, agents, guests and any other occupiers of the Customer�s premises (where Services are to be provided at the Customer�s premises), whether or not such losses or loss are reasonably foreseeable in the ordinary course of events or under any special circumstances made known to Blanchford as liable to result from such breach of negligence and whether or not Blanchford was advised of the possibility of such potential loss and the entire liability of Blanchford under or in connection with the Contract shall not exceed the amount received by Blanchford under this Agreement.Subject as expressly provided this Agreement, and except where the Services provided are to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law or custom are excluded to the fullest extent permitted by law.Where the Services are provided to a consumer (as defined by the Unfair Terms in Consumer Contracts Regulations 1999) the statutory rights of the Customer are not affected by this Agreement All Goods or Equipment provided by Blanchford in the course of the performance of any Agreement are provided for the sole use of the Customer and no responsibility is accepted by Blanchford for any reliance that may be placed upon such materials by any third parties unless it is agreed otherwise by Blanchford in Writing.Cancellation.The Customer has the right to cancel any contract on notice in writing received by Blanchford within 7 days of the date of the signing of any Agreement without penalty provided that the Customer shall pay Blanchford for any part of the Services which have been completed prior to the date of cancellation of the contract.Subject to clause 20.1, the Customer may cancel any contract on [2] days� written notice and Blanchford shall be entitled to retain a reasonable proportion of the Customer�s monies paid to it to cover the losses and costs it incurs because of the Customer�s cancellation unless the cancellation was by reason of any act of default by Blanchford. Blanchford may cancel the contract at any time on [2] days� written notice to the Customer. In this event, Blanchford will pay the Customer any reasonable losses or costs he/she may have suffered as a result of the cancellation unless the cancellation was by reason of any act of default of the Customer.Cancellation of any contract, howsoever or whenever occasioned shall be subject to any rights and remedies the parties may have under this Agreement or in law.TerminationNotwithstanding anything else contained herein this Agreement may be terminated by Blanchford forthwith if :the Customer shall fail to pay any sum due under the terms of this Agreement (otherwise than as a consequence of any default on the part of Blanchford); if the Customer commits any serious breach of any term of this Agreement (other than any failure by the Customer to make any payment hereunder in which event the provisions of clause 21.1.1 above shall apply) and (in the case of a breach capable of being remedied) shall have failed within 7 days after the receipt of a request in Writing from Blanchford so to do to remedy the breach (such request to contain a warning of such party�s intention to terminate);the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; the Customer ceases, or threatens to cease, to carry on business; or Blanchford reasonably apprehends that any of the events mentioned in this clause 21 is about to occur in relation to the Customer and notifies the Customer accordingly. Any termination of this Agreement howsoever occasioned shall not affect accrued rights or liabilities or either party nor shall it affect the coming into force or the continuance in force or any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.Consequences of Termination. In the event of termination:- the Customer shall return to Blanchford all Equipment belonging to Blanchford then in its possession; and the Customer shall pay forthwith on demand by Blanchford all fees and expenses in respect of such part of the Services performed by Blanchford under the Agreement up to the date of termination together with all reasonable costs and expenses of Blanchford incurred in connection with and in consequence of the termination of the Agreement.Clauses 9, 11, 18 and 20 shall survive termination of this Agreement. Data Protection.Both parties undertake to each other to comply with the Data Protection Act 1998 insofar as it relates to this Agreement and Customer hereby agrees to the processing of Customer�s personal information by Blanchford for the purposes of complying with its obligations under this Agreement.General.Blanchford shall not be under any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond our control including, without limitation, industrial disputes of whatever nature, acts of God or hostilities.If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby. No forbearance or indulgence on the part of Blanchford in enforcing the Conditions of this Contract shall prejudice the strict rights of Blanchford nor be construed as a waiver hereof. Each communication to be made under this Agreement shall be in Writing Notices given by either the Customer or Blanchford shall be made or delivered to the address stated in this Agreement (unless a different address is provided by either party to the other on 48 hours written notice) and shall be deemed to have been delivered when such communication has been left at the address or, as the case may be, two working days after being deposited in the first class post The Customer shall not transfer or assign all or any part of this Agreement without the prior written consent of Blanchford. A person who is not a party to this Agreement has no right under the Contract ( Rights of Third Parties) Act 1999 to enforce any provision of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter hereof and sets forth the entire complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof and no party has relied on any representations arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement, save that this clause shall not apply to any warranty, representation or agreement made fraudulently.  If the Housing Grants Construction and Regeneration Act 1996 Part II applies to this Agreement for the hire of Equipment the Scheme under that Act will apply and take precedence in the event of conflict between the Scheme and this Agreement. Law. This Agreement shall be construed in accordance with English law and shall be subject to the

non-exclusive jurisdiction of the English courts.