Terms and Conditions

HIRE DAMAGE WAIVER

Why? – Coveya Damage Waiver Agreement takes the worry out of damaging your hired conveyor equipment, giving you peace of mind every time you hire our equipment. Coveya Ltd treats the agreement as a waiver of their right to make the hirer pay for damage to the conveyor equipment while on site. It is Coveya Ltd company policy that all hirers are required to take out the Waiver Agreement unless the hirer has provided adequate proof to Coveya Ltd’s satisfaction that they have an existing hired-in plant insurance to cover loss or damage arising to the Coveya equipment being hired.

How does it work? – Your damage waiver payment absorbs most repair costs to hired equipment. Without it, you will be required to return the plant undamaged or pay the full costs of any repairs.

How much does it cost? – Damage Waiver is calculated as a percentage of your total hire charge – currently 10%.

What does Damage Waiver cover? – The Damage Waiver Agreement will cover all repair expenses and accidental damage except those specifically excluded below.

Is Loss Waiver an insurance? – Our Damage Waiver scheme is not an insurance. It is an agreement we enter with customers to waive our right for the hired equipment to be returned to us in the condition it was in when it was delivered to site, with some exclusions.

Is there an excess? – £1,000 in the case of total loss payable by the hirer. If the conveyor equipment is damaged beyond economical repair, we will charge a £1,000 excess.

EXCLUSIONS

All exclusions below apply to the Damage Waiver:

  • Third-party claims.
  • Damage caused by non-observance of daily/weekly maintenance as per the operator’s manual.
  • Any gross negligence.
  • Damage caused by overloading.
  • Damage whilst using the machine other than for its designed purpose.
  • Damage by fire when hot work is being undertaken.
  • Damage due to corrosion by chemicals.
  • Damage whilst it is on hire/loan to or used by any other party.
  • Wilful damage.
  • Damage caused whilst equipment is being lifted or carried by mechanical means.
  • Operational wear and tear due to misuse.

Important: You will continue to be bound otherwise by our standard Terms and Conditions of Hire.

TERMS FOR HIRE

PAYMENT

The time of payment shall be of the essence of this agreement, and the hirer’s failure to pay any rental or part of any rental within seven days after the same shall have become due shall be deemed a repudiation of this agreement by the hirer. Payment despatched at the risk of the hirer.

OTHER COVENANTS BY HIRER

During the continuance of the hiring, the hirer shall:

  • Keep the equipment at the address stated on the hire agreement unless otherwise authorised by Coveya Ltd.
  • Permit Coveya Ltd at all reasonable times to enter upon the premises where the equipment is kept for the purpose of inspecting the equipment (and of carrying out any necessary repairs thereto).
  • Keep the equipment free from lien, distress, execution, or other legal processes.
  • Promptly inform Coveya Ltd when the equipment is in need of repair or adjustment and not request, permit, or authorise any other person other than Coveya Ltd or any person authorised by Coveya Ltd to carry out any repairs or adjustments.
  • Not take the equipment or allow the equipment to be taken outside the United Kingdom without the written consent of Coveya Ltd.
  • Return the equipment in the same condition as when received (normal wear and tear excepted) to Coveya Ltd at Unit 1 St Ivel Way, Bristol, BS30 8TY, on the date specified on the hire agreement unless otherwise agreed, and will use the equipment in a reasonable and lawful manner. Should the hirer not return the equipment at the agreed time, the hirer will pay to Coveya Ltd a penalty charge at a tariff equal to one-fifth of the weekly tariff shown on the hire agreement for each day over the agreed time.
  • Keep the equipment in substantial repair and condition and bear the cost of replacement of all missing, damaged, or broken goods or parts thereof with goods or parts of equal quality and value. This includes cleanliness of hired equipment – returned equipment cleaning will be chargeable.
  • Shall, at the request and cost of Coveya Ltd, do and concur in doing and permit to be done in his name or by his appointed agents, all such acts and things as may be necessary or reasonably required by Coveya Ltd or the equipment for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from any other parties in respect of any loss or damage to or in connection with the equipment during the period of time between the commencement of hiring and the equipment’s return to Coveya Ltd. Coveya Ltd shall account to the hirer for any sums recovered by Coveya Ltd and due to the hirer from such other parties under this clause, after setting off any outstanding liability of the hirer to Coveya Ltd.
  • Shall inform Coveya Ltd within forty-eight hours, excluding weekends and public holidays, of any loss or damage to the equipment and of any fault therein which reasonably requires repair, and must not, in the case of damage or fault which makes the equipment liable to cause danger to any person or property, use the equipment until such damage or fault has been repaired or corrected.
  • Not sell or offer for sale, assign, mortgage, or pledge the equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with Coveya Ltd ownership.

TERMINATION BY OWNER

If the hirer shall make a default for seven days in payment of any sum payable hereunder or shall fail to observe or perform any of the other terms and conditions of this agreement, or if the hirer shall have misrepresented any of the facts stated, or if the hirer shall commit an act of bankruptcy or have a receiving order made against him, or shall make any arrangement with his creditors, or if distress or execution shall be levied or threatened upon any of the hirer’s property, then Coveya Ltd shall be at liberty by notice in writing forthwith to terminate this agreement, and thereupon the hiring thereby constituted shall for all purposes terminate. Thereafter, the hirer shall cease to be in possession of the equipment with Coveya Ltd’s consent, and subject to any pre-existing liability of the hirer, neither party shall have any rights against the other save that Coveya Ltd shall be entitled to repossess the goods and for that purpose to enter upon the premises in which the same are kept.

NOTICES

Any notice required or permitted to be given by Coveya Ltd to the hirer hereunder shall be validly given if served personally on the hirer or sent by registered post to or left at the address of the hirer stated on the hire agreement or to or at the hirer’s last known address and shall be deemed to have been received by the hirer forty-eight hours after posting.

INSURANCE

The hirer shall be responsible for the insurance of the equipment up to the full market value, including all third-party liabilities.

MAINTENANCE OF EQUIPMENT

So long as the hirer is not in default of any of his obligations under this agreement, Coveya Ltd will, during the continuance of the hiring, service and repair the equipment free of charge and, if the equipment has to be removed to repair, will, as soon as is expedient and subject to availability and also to any legal requirements or restrictions for the time being in force, provide the hirer on loan free of charge similar equipment, but the hirer shall remain liable for payment of rentals hereunder notwithstanding that the equipment comprised in the agreement is out of use awaiting or undergoing repair or adjustment. Save as aforesaid, Coveya Ltd shall not be responsible for any defects in the equipment and shall not under any circumstances be liable to make any payment to the hirer in respect of any loss, injury, or damage sustained by the hirer or any third party as a result of the presence or use of the equipment or any defect therein.

UNLOADING AND LOADING

The hirer shall be responsible for unobstructed access and, unless otherwise agreed in writing, for unloading and loading of the equipment at the site, and any personnel supplied by the owner for such unloading and/or loading shall be deemed to be under the direction and control of the hirer. Such personnel shall, for all purposes in connection with their employment in the unloading and/or loading of the equipment, be regarded as the servants or agents of the hirer (but without prejudice to any of the conditions of Clause 13), who alone shall be responsible for all claims arising in connection with unloading and/or loading of the equipment by, or with the assistance of, such personnel.

LIMITATION OF LIABILITY

Except for liability on the part of the owner which is expressly provided for in the contract (including these clauses):

  • The owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond his reasonable control.
  • The owner shall have no liability or responsibility, whether by way of indemnity or by any reason of any breach of the contract, breach of statutory duty, or misrepresentation or by any reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the hirer’s loss of profit, loss of use of the plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature.
  • Whenever the contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made.

HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE

For the avoidance of doubt, it is hereby declared and agreed that nothing in this clause affects the operation of Clauses 4, 5, 8, and 9 of this agreement. During the continuance of the hire period, the hirer shall, subject to the provisions referred to in subparagraph (a):

  • Make good to the owner all loss of or damage to the plant from whatever cause the same may arise, fair wear and tear excepted, and except as provided in Clause 9 herein, and shall also fully and completely indemnify the owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading, or use of the plant during the continuance of the hire period, and in respect of all costs and charges in connection therewith whether arising under statute or common law.
  • In the event of loss of or damage to the plant, hire charges shall be continued at idle time rates as defined in Clause 25 until settlement has been effected.

Notwithstanding the above, the hirer shall not be responsible for damage, loss, or injury due to or arising:

  • Prior to delivery of any plant to the site (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the plant is in transit by the transport of the owner or as otherwise arranged by the owner.
  • During the erection and/or dismantling of any plant where such plant requires to be completely erected/dismantled on-site, always provided that such erection/dismantling is under the exclusive control of the owner or his agent.
  • After the plant has been removed from the site and is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense, after it has joined such a highway) to the owner by transport of the owner or as otherwise arranged by the owner.
  • Where plant is traveling to or from a site on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the owner.

GENERALLY

In this agreement, the equipment includes all replacements and renewals thereof and all accessories and additions thereto, whether made before or after the date of this agreement. No relaxation, forbearance, or indulgence by Coveya Ltd in enforcing any of the terms and conditions of this agreement, nor by the granting of time by Coveya Ltd, nor shall any waiver or any breach operate as a waiver of any subsequent or continuing breach.

TERMS & CONDITIONS: CONDITIONS OF SALE – COVEYA LTD

For more information on Coveya Ltd’s Terms of Sale, please click here.

TERMS & CONDITIONS: CONDITIONS OF WARRANTY – COVEYA LTD

The manufacturer will correct, free of charge, any defects in material or workmanship for a period of 12 months from the date of purchase, subject to the terms and conditions stated below.

TERMS AND CONDITIONS OF WARRANTY

The manufacturer will repair or replace, free of charge, any mechanical or electrical components supplied in conjunction with any conveyors or other equipment carrying a warranty supplied either by the manufacturer or an appointed agent and located within the United Kingdom, or repair or replace any parts thereof which are shown to the satisfaction of the manufacturer to be defective due to faulty materials or workmanship within twelve months from the date of purchase, provided the faulty part(s) are returned, complete and carriage paid, either to the manufacturer or an appointed agent. Any parts removed will become the property of the manufacturer.

THIS WARRANTY SHALL NOT COVER ANY FAULT OR DEFECT CAUSED BY:

  1. Incorrect installation or operation arising from failure to observe the instructions of the manufacturer or its agents, e.g., inadequately rated power source or incorrect voltage or power cables.
  2. Physical damage, however it was caused.
  3. Repairs or alterations carried out by third parties other than the manufacturer or an authorized agent.
  4. Failure to clean, service, and/or maintain the equipment in accordance with the OEM manual. For the avoidance of doubt, it is essential that conveyor equipment is subject to scheduled planned maintenance involving stand-down from duty, thorough cleaning, inspection, and replacement of any worn parts. For a conveyor in use 8 hours per day, this should take place every 3 months. If use is continual (24/7), then scheduled maintenance should take place monthly and more frequently if very arduous duty.

THE FOLLOWING ITEMS ARE EXCLUDED FROM THE WARRANTY:

  1. Fair wear and tear and failure of wear parts.
  2. Rubber and PVC skirting.

This warranty shall not apply to nor cover any other claims whatsoever. It will, in particular (without limiting the generality of the foregoing), not cover any claims for conversion or modification or for the cost of repairs carried out by any third party without the prior consent of the manufacturer. Before free service is given under this warranty, the purchaser must provide to the manufacturer’s satisfaction proof of date of purchase of the conveyor and quote the serial number(s). If replacement parts are fitted, then the original period of warranty will not be extended.

For more information, please email support@coveya.co.uk or call us on 0808 501 5591.