Express Mowers Approved STIHL and VIKING Dealer

TANDARD CONDITIONS FOR HIRE AND SALE OF PRODUCTS IN ENGLAND AND WALES AND THE REPUBLIC OF IRELAND

1 INTERPRETATION

1.1 In these conditions the following words have the following meanings:

“Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;

“Customer” means the person, firm, company or other organisation hiring Hire Goods;

“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;

“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;

“Hire Goods” means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired to the Customer;

“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier;

“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

“Products” means the products sold to the Customer by the Supplier;

“Rental” means the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

“Supplier” means EXPRESS MOWERS LTD and will include its employees, servants, agents and/or duly authorised representatives;

“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.

2 BASIS OF CONTRACT

2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.

2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 in the United Kingdom or the Consumer Credit Act 1995 in the Republic of Ireland the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act.

2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau in the United Kingdom, or your local office of the Director of Consumer Affairs or Citizens Information Centre in the Republic or Ireland.

3 PAYMENT

3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.

3.2 The Customer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.

3.3 Payments by the Customer on time under the Contract are an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.

3.4 *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate from time to time of the Supplier’s bank. Such interest shall be compounded with quarterly rests.

3.5 *The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

3.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.

4 RISK OWNERSHIP AND INSURANCE

4.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.

4.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.

4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.

4.4 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.

4.5 The Supplier may provide reasonably priced insurance in respect of the Hire Goods at additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier’s written consent.

5 DELIVERY, COLLECTION AND SERVICES

5.1 It is the responsibility of the Customer to collect the Hire Goods from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.

5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.

5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to power supplies and utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

5.4 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.

6 CARE OF HIRE GOODS

6.1 The Customer shall:-

6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;

6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;

6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;

6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;

6.1.5 permit the Supplier at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;

6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country in which they were hired without the prior written consent of the Supplier;

6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;

6.1.8 not do or omit to do any thing which will or may be deemed to invalidate any policy of insurance related to the Hire Goods which is notified to the Customer;

6.1.9 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and

6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.

6.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

7 BREAKDOWN

7.1 Allowance will be made in relation to the Rental to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier as soon as practicable of the breakdown.

7.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods.

7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.

7.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.

8 LOSS OR DAMAGE TO THE HIRE GOODS

8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.

8.2 The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with these conditions.

8.3 The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2 above.

9 TERMINATION BY NOTICE

9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.

9.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.

9.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier and the Supplier shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the Customer.

10 DEFAULT

10.1 If the Customer:-

10.1.1 fails to make any payment to the Supplier when due without just cause;

10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

10.1.3 persistently breaches the terms of the Contract;

10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

10.1.5 pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition presented against it or the Customer takes or suffers any similar action in any jurisdiction;

10.1.6 being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator, administrative receiver or examiner appointed over all or any of its assets, any attachment order is made against the Customer, any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;

10.1.7 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or

10.1.8 appears reasonably to the Supplier to be about to suffer any of the above events;

              then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.

10.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer then:-

10.2.1 except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods owned by the Supplier may be and repossess any Hire Goods;

10.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;

10.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or

10.2.4 *all monies owed by the Customer to the Supplier shall immediately become due and payable.

10.3 Any repossession of the Hire Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods.

10.4 Upon termination of the Contract the Customer shall immediately:

10.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and

10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.

11 LIMITATIONS OF LIABILITY

11.1 *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

11.2 *If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.

11.3 Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.

11.4 *The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment.

11.5 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

11.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.

11.7 *The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.

11.8 The Supplier shall have no Liability to the Customer for any:-

11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);

11.8.2 economic and/or other similar losses;

11.8.3 special damages and indirect losses; and/or

11.8.4 business interruption, loss of business, contracts and/or opportunity.

11.9 *The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000 in the United Kingdom or E1250 in the Republic of Ireland whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.

11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

11.10.1 Liability for breach of contract;

11.10.2 *Liability in tort (including negligence); and

11.10.3 *Liability for breach of statutory and/or common law duty;

except clause 11.9 above which shall apply once only in respect of all the said types of Liability.

11.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

12 GENERAL

12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.

12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.

12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.

12.4 *The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by the Customer.

12.5 *No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

12.6 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

12.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Copyright Hire Association Europe 1 November 2001

MODEL CONDITIONS FOR THE HIRING OF PLANT (With effect from July 2011) These conditions are not to be used for consumer contracts. A consumer contract is a contract entered into with a person acting in their own capacity and not for or on behalf of any business or trade entity.

  1. DEFINITIONS (a) The “Contract” is the Contract between the Owner and the Hirer for the hire of Plant, which incorporates the Offer and is governed by these conditions. (b) The “Hire Period” shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Plant is left on site during a Holiday Period (c) The “Hirer” is the Company, firm, person, Corporation or public authority taking the Owner’s Plant on hire and includes their successors or personal representatives. (d) “Holiday Period” covers any cessation of work over Easter, Christmas and the New Year; as well as any other Bank or Public holidays. (e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract. (f) The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors, assignees or personal representatives. (g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items, vehicles or equipment therefore, which the Owner agrees to hire to the Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Plant. (h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract. (i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday, unless otherwise specified in the Contract.
  2. EXTENT OF CONTRACT

No terms, conditions or warranties other than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Owner and the Hirer in relation to the hire of any particular Plant pursuant to the Offer. This excludes all other terms or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by the Owner. The Owner and the Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).

  1. ACCEPTANCE OF PLANT Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.

  2. UNLOADING AND LOADING The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant 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 Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) who shall be solely responsible for all claims arising in connection with unloading and / or loading of the Plant by, or with the assistance of, such personnel.

  3. DELIVERY IN GOOD ORDER AND MAINTENANCE: INSPECTION REPORTS (a) Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Plant supplied with an operator within four working days, and in the case of Plant supplied without an operator within three working days, of the Plant being delivered to the site, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where the Plant requires to be erected on site, the periods stated above shall be calculated from the date of completed erection of Plant. The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and / or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).

(b) The Hirer shall at all times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising therefrom.

(c) Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner, if requested by the Hirer, and returned on completion of the Hire Period.

  1. SERVICING AND INSPECTION The Hirer shall at all reasonable times allow the Owner, his agents or his insurers to have access to the Plant to inspect, test, adjust, repair or replace the same. So far as reasonably practicable the Hirer shall allow such access during the Working Day.

  2. GROUND AND SITE CONDITIONS (a) The Hirer is deemed to have knowledge of the site or the property or land where the Plant is to be delivered and the Hirer warrants that the condition of the site or place of delivery of the Plant is suitable for the use of such Plant.

(b) If, in the opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant to work on, travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection.

(c) Any timber or other material supplied by the Owner is provided solely to assist the Hirer under their duties within clause 7(b) and expressly not to relieve him of his legal, regulatory or contractual obligations to ensure adequate stability of the Plant.

(d) The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.

  1. HANDLING OF PLANT a) When a driver or operator or any person is supplied by the Owner with the Plant, the Owner shall supply a person competent in operating the Plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) and the Hirer shall be solely responsible for all claims arising in connection with the operation of the Plant by the said drivers / operators / persons. (b) The Hirer shall not allow any other person to operate such Plant without the Owner’s prior written consent. (c) Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Owner unless previously agreed in writing between the Owner and the Hirer.

  2. BREAKDOWN, REPAIRS AND ADJUSTMENT (a) Any breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Owner, and confirmed in writing. Any claim for breakdown time will only be considered from the time and date at which written notification is received and acknowledged by the Owner. (b) Full allowance for the hire charges set out in the Offer will be made to the Hirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract. (c) The Hirer shall not (except for the changing of any tyre and repair of punctures), repair, modify or alter the Plant without the prior written permission of the Owner. The changing of any tyre and repair of punctures are however the responsibility of the Hirer who should arrange for them to be changed / repaired. The Hirer is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Owner and for the repair of any puncture. (d) The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactory working of or damage to any part of the Plant due to the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer or his servants, and for the payment of hire at the idle time rate as defined in clause 25, during the period the Plant is necessarily idle due to such breakdown, unsatisfactory working or damage. The Hirer is responsible for the cost of spares and / or repairs due to theft, loss or vandalism of the Plant. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved in breakdown from all other causes.

  3. OTHER STOPPAGES No claims will be admitted (other than those allowed for under “Breakdown” (clause 9) or for “Idle Time” (clause 25), as herein provided), for stoppages through causes outside the Owner’s control, including but not limited to bad weather and / or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be responsible for the cost and expense of recovering any Plant from soft or unsuitable ground or a hazardous environment. Copyright CPA

  4. LOSS OF OTHER PLANT DUE TO BREAKDOWN Each item of Plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed to be one unit for the purpose of breakdown.

  5. LIMITATION OF LIABILITY Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses): (a) 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;

(b) the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by 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; and

(c) 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.

(d) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner’s liability for claims of death or personal injury caused by the Owner’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.

  1. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE (a) 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 these conditions.

(b) For the duration of the Hire Period (which for the avoidance of doubt includes the time Plant is left on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in sub paragraph

(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 and any personnel supplied by 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 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 the settlement has been agreed. Payment of the settlement must be made within 21 calendar days of the date of the agreement or idle time charges can be reinstated from the date of that agreement. Should idle time charges be re-instated, the agreed settlement figure remains payable in full.

(c) Notwithstanding the above the Hirer shall not be responsible for damage, loss or injury: (i) 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 transport of the Owner or as otherwise arranged by the Owner,

(ii) during the erection and / or dismantling of any Plant where such Plant requires to be completely erected / dismantled on site, provided always that such erection / dismantling is under the exclusive control of the Owner or his agent,

(iii) 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 highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner.

(iv) where the Plant is travelling 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.

  1. NOTICE OF ACCIDENTS If the Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification. In relation to any claim in respect of which the Hirer is not bound to fully indemnify the Owner, no admission of liability, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s prior written permission.

  2. RE-HIRING ETC. Neither the Plant nor any part thereof shall be re-hired, sub-let, or lent to any third party without the prior written permission of the Owner.

  3. CHANGE OF SITE The Plant shall not be moved from the site to which it was delivered or consigned without the prior written permission of the Owner.

  4. RETURN OF PLANT FOR REPAIRS If during the Hire Period the Owner decides that urgent repairs to the Plant are necessary then he may arrange for such repairs to be carried out on site or at any location of his nomination. In the event that urgent repairs to the Plant are necessary the Owner shall be obliged to replace the Plant with similar Plant if available, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) paying all transport charges involved. In the event of the Owner being unable to replace the Plant he shall be entitled to terminate the Contract forthwith (but without prejudice to any of the provisions of clauses 9 and / or 13) by giving written notice to the Hirer. If such termination occurs:

(a) within three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) shall pay all transport charges involved, or,

(b) more than three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) shall be liable only for the cost of reloading and return transport.

  1. BASIS OF CHARGING (a) The Hirer shall render to the Owner for each Working Week an accurate statement of the number of hours the Plant has worked each day. When any personnel, operator or driver is supplied by the Owner, the Hirer shall sign their time record sheets. The signature of the Hirer’s representative shall bind the Hirer to accept the hours shown on the time records sheets.

(b) Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the Owner except where breakdown is due to acts or omissions of third parties and / or the Hirer’s misuse, misdirection or negligence, subject however to the provisions of clause 8 of these conditions.

(c) Breakdown time in respect of such periods shall be allowed for not more than the Working Day less the actual hours worked.

(d) Plant shall be hired out either:

(i) for a stated minimum number of hours per Working Day or per Working Week or,

(ii) without any qualification as to minimum hours. Odd days at the beginning and at the end of the Hire Period shall be charged pro rata.

(e) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time up to a maximum of 2 hours for any one stoppage and any excess will be charged for at the appropriate idle time rates.

(f) In the case of Plant which is required to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of the Hire Period, such modification of the hire charge and the Hire Period for which it shall apply shall be stated in the Offer / Contract.

  1. PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION AS TO HOURS

The full daily rate will be charged on a daily basis irrespective of the hours worked except in the case of breakdown for which the Owner is responsible, when the actual hours worked will be charged pro rata of the average Working Day. No hire charge shall be made for Saturday and / or Sunday unless the Plant is actually worked.

  1. PLANT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the Owner is responsible when an allowance pro rata of the agreed weekly rate or pro rata of the agreed monthly rate will be made for each full Working Day broken down calculated to the nearest half Working Day.

  2. PLANT HIRED BY THE WEEK OR THE HOUR FOR A MINIMUM OF 39 HOURS PER WEEK

The full hire for the minimum period in the Contract will be charged and an additional pro rata charge will be made for hours worked in excess of such minimum period. Allowance will be made for breakdowns up to 8 hours except on Fridays when the allowance will be up to 7 hours providing always that where the actual hours worked are in excess of the minimum period less breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall be treated as actual working time. The minimum Working Week of 39 hours shall be reduced by 8 hours Monday to Thursday and 7 hours Friday for each Holiday Period occurring in such Working Week, provided that the Plant is not in use during such Holiday Period.

  1. “ALL-IN” RATES

Where “All-In” rates are charged by agreement the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained therein, subject to the provisions of clause 26.

  1. COMMENCEMENT AND TERMINATION OF CONTRACT (TRANSPORT OF PLANT)

(a) The Hire Period shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location but an allowance shall be made of not more than one day’s hire charge each way for travelling time. If the Plant is used on the day of travelling, full hire rates shall be paid for the period of use on that day. If more than one day is properly and unavoidably occupied in transporting the Plant, a hire charge at idle time rates shall be payable for such extra time, provided that where Plant is hired for a total period of less than one Working Week, the full hire rate shall be paid from the date of despatch to the date of return to the Owner’s named depot or other agreed location.

(b) If the Plant is not made available for collection as agreed between the parties, such Plant shall be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the safekeeping of the Plant in accordance with clause 13, and for all the reasonable costs and expenses incurred by the Owner in seeking to collect such Plant.

(c) Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs, liabilities and expenses incurred by the Owner should the Hirer fail to comply with this clause. Copyright CPA

  1. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION OF CONTRACT a) Where the Hire Period is indeterminate or having been defined becomes indeterminate the Contract shall be terminable by seven days notice in writing given by either party to the other except in cases where the Plant has been lost or damaged. Notwithstanding that the Owner may have agreed to accept less than 7 days notice of termination, the Hirer’s obligations under clause 13 shall continue until the Plant is returned to the Owner in accordance with clause 31 or until the Owner has collected the Plant within the 7 days following the acceptance of short notice. Oral notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.

b) Without prejudice to clause 24(a), should the Hirer fail to make the Plant available for collection by the Owner before the end of the 7 day notice, the Hirer’s obligations under clause 13 shall continue for a further 3 days or until such time as the Plant is made available for collection and the Owner has collected the Plant. For the avoidance of doubt, where the Hirer gives a notice pursuant to clause 24(a) but subsequently and with the consent of the Owner, withdraws such notice, the obligations of clause 13 shall continue to apply and the requirements of clause 24 will apply to any later termination of the Contract.

c) If the Hirer terminates the Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by the Owner or to which the Owner is committed at the time of termination.

  1. IDLE TIME When the Plant is prevented from working for a complete Working Week, the hire charges shall be two thirds of the hire rate or such other idle time rate as is agreed in writing by the Owner for the period during which the Plant is not in use. If the Plant works for any time during the Working Day then the whole of that Working Day shall be charged as working time. In any case no period less than one Working Day shall be reckoned as idle time save for as provided for in clause 18(e). Where an “All-In” rate is charged, idle time is calculated on the machine element only. Full rate will be charged for the operator.

  2. WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT

All chargeable items shall be paid by the Hirer at the rates set out in the Contract save that any subsequent increases before and / or during the Hire Period arising from awards under any wage agreements and / or from increases in the Owner’s statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by the Hirer.

  1. TRAVELLING TIME AND FARES Travelling time, fares and similar expenses for drivers, operators and any person supplied by the Owner, incurred at the beginning and end of the Hire Period and where appropriate return fare of the driver, operator and any person supplied by the Owner to his home will be chargeable at cost. No charge shall be made by the Owner for any such expenses incurred by other employees of the Owner for the purpose of servicing, repair or maintenance of Plant, unless necessitated by the Hirer’s negligence, misdirection or misuse of the Plant.

  2. FUEL, OIL AND GREASE Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost or an agreed estimate of net cost, and when supplied by the Hirer, shall be of a grade or type specified by the Owner. The Hirer shall be solely responsible for all damages, losses, costs and expenses incurred by the Owner if the Hirer uses the wrong fuel, oil or grease.

  3. SHARPENING OF DRILLS/STEELS ETC. The cost of re-sharpening or replacement of drill bits, blades and other ancillary items shall be borne by the Hirer.

  4. OWNER’S NAME PLATES The Hirer shall not remove, deface or cover up the Owner’s name plate or mark on the Plant indicating that it is his property, without the prior written permission of the Owner.

  5. TRANSPORT The Hirer shall pay the cost of and if required by the Owner, arrange transport of, the Plant from the Owner’s depot or other agreed location to the site and return to the Owner’s named depot or other agreed location on completion of the Hire Period.

  6. GOVERNMENT REGULATIONS a) The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act and observance of the Road Traffic Acts should they apply, including the cost of road fund licences and any insurances made necessary thereby, save that if and during such time as the Plant is travelling, whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Hirer shall be responsible as aforesaid.

b) The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Plant during the Hire Period.

  1. PROTECTION OF OWNER’S RIGHTS (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition.

(b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur:

(i)The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions;

(ii)The Hirer fails to observe and perform the terms and conditions of the Contract;

(iii)The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him;

(iv)The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the time being in force; or

(v)The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.

(c) In the event of termination under sub-paragraph (b) above:

(i)The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii)The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31.

(d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature.

(ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt.

(e) If the Hirer does not make payment of a sum by the final date on which paymentis due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

  1. CHANGES IN NORMAL WORKING WEEK The foregoing provisions have been framed upon the basis of the Hirer working a 5-day week of 39 hours; it is hereby agreed that in the event of:

(a) there being any agreed change in the normal weekly hours in the industry in which the Hirer is engaged or,

(b) the Contract being made with reference to a 5 day week of other than 39 hours. Clauses 1(h) and (i), 18(c) and (d), 20 and (in regard to breakdown allowance and reduction for statutory holidays) 21 shall be deemed to be modified conformably and in the event of an alteration in the normal weekly working hours in the said industry the “Hire Rates and Terms” of Plant hired for a minimum weekly or daily period shall be varied pro rata.

  1. DISPUTE RESOLUTION (a) If the site is situated within the United Kingdom, then the court whose jurisdiction covers the site will have exclusive jurisdiction and interpretation of the law for this Contract. If the original site is not situated within the United Kingdom, then the relevant jurisdiction and interpretation of the law of the Contract will be governed by the country where the Owner’s head office is located.

(b) Both parties to the Contract have a right to refer any difference or dispute arising under or in connection with the Contract to adjudication and the procedure set out in Part 1 of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (or any amendment or re-enactment thereof for the time being in force) will apply. The person (if any) specified in the Contract to act as adjudicator may be named in the Offer. The specified nominating body to select adjudicators shall be the Construction Plant-hire Association acting by its President or Chief Executive for the time being. .

(c) The Owner and the Hirer shall comply forthwith with any decision of the adjudicator; and shall submit to summary judgment and enforcement (and / or, under Scots law, shall consent to a motion for summary decree and submit to enforcement) in respect of all such decisions; in each case, without any defence, set-off, counterclaim, abatement or deduction. Where, under Scots law, the Owner, the Hirer, or the adjudicator, wishes to register a decision of the adjudicator for execution in the Books of Council and Session, any other party shall, on being requested to do so, forthwith consent to such registration by subscribing the decision before a witness.

  1. LATE PAYMENTS The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.

  2. SEVERABILITY If any of these clauses are held to be unlawful, void or unenforceable, then that clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses, to the extent permitted by law.

Copies of these Model Conditions are available (on bulk order from CPA) only to Subscribing members of The Construction Plant-hire Association. The Model Conditions are the COPYRIGHT of The Construction Plant-hire Association and must NOT be reproduced or reprinted in whole or in part as “the Model Conditions” without the written authority of the Association.

Our expert staff have years of experience across the STIHL and VIKING ranges and are waiting to help answer all your questions. With access to every product in the STIHL and VIKING ranges - from chainsaws, to hedge trimmers and lawnmowers - you're just a click or a call away from the best STIHL and VIKING advice in the area.

Privacy Policy SOP

Express Mowers ("We", “Our”,”Us”) are pleased to see that you are interested in our website. The protection of your privacy is important to us. Below you will find detailed information about the way we use your data.

Name and contact details of the data controller (as defined under data protection legislation)


Express Mowers
Platts Road
DY8 4YR Stourbridge

pwhitman1969@gmail.com Telephone: 01384 443499

Purpose of collecting, processing and using your personal data

Any of your personal data that become known to us while visiting our website and making reservations/purchase orders (hereinafter: purchase orders) are treated by us in accordance with the relevant legislation on the protection of personal data; they will be used confidentially by us at all times and will only be collected, processed and used to

(a) ensure the functional operation of the website,
(b) safeguard our own legitimate business interests concerning the provision of consultancy and support for our customers and to ensure customised product design.

In addition to the above, any data you share with us through the ordering procedure will be used by us solely in order to complete and process your purchase order.

Legal basis for the processing of personal data

Data processing takes place in compliance with the EU General Data Protection Regulation (hereinafter: “GDPR”) and on the basis of the following legal principles:

● In cases where we obtain your consent to processing transactions in respect of your personal data, data processing is based on GDPR article 6 (1a).
● Any data that you share with us in the context of purchase orders and which are required for the fulfilment and/or handling of those orders will be processed by us in compliance with GDPR article 6 (1b).
● If data processing is necessary so that we can meet specific legal obligations, then such data processing is based on GDPR article 6 (1c).
● In cases where data processing is required by vital interests of the data subject and/or some other natural person, data processing will take place in compliance with GDPR article 6 (1d).
● If data processing is required to safeguard a legitimate interest of our company or a third party and if they are not in conflict with overriding interests, fundamental rights and/or fundamental freedoms of the data subject, data processing is based on GDPR article 6 (1f).

Retention period, data erasure and blocking of data

On completion of the purchase order, your data will not be used for any other purpose and erased after the retention periods established under tax and commercial law, unless you have expressly consented to the further use of your data.

Moreover, your data will always be deleted as soon as your consent ceases to be available or as soon as they are no longer required for the purpose of data processing. If your data are no longer needed for this purpose and/or your consent is no longer available, thus removing the legal basis, but if your data nevertheless need to be stored further, due to existing statutory, official or contractual obligations (e.g. warranty commitments or financial accounting), data processing will be restricted through the marking and blocking of those data.

Log files

Whenever you visit our website, usage data are transmitted by your internet browser and stored in server log files. Records stored in this way contain the following data: date and time of call, name of site called, IP address, source URL from which you reached our site, type and version of the web browser you used, operating system used by you. Those data will be used exclusively for the purpose of technical communication and to ensure technical operation; once the use of our website has come to an end, they will be erased subject to the proviso of possible statutory retention duties. The legal bases are our fulfilment of statutory obligations concerning data security, our legitimate interest in the technical functioning of our website, the removal of malfunctions and the warranting of security.

Use of cookies

To make visiting our website attractive and to allow the use of certain functions (e.g. purchase orders), we have placed so-called cookies on some of our web pages.

When you call up our website, you are notified of our use of cookies through an info banner, which also draws your attention to our data privacy policy once more.

The legal bases for data processing with the use of cookies are your consent and/or our legitimate interest in the technical functioning and improvement of our range of services.

  • What are cookies?
    Cookies are small text files that are stored on your computer when you visit certain websites. We use cookies to trace what you have in your shopping cart, so that we can send you contact forms and so that we remember you next time you visit our site. To place purchase orders on our website, you need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or place purchase orders. Please remember that cookies cannot damage your computer. The cookies we create do not store any identifiable personal information, such as credit card details. We’re giving you this information, so that we comply with the currently applicable legal provisions and to ensure that we respect and protect your privacy when you use our website. If you would like to find out more about cookies in general and how to manage them, please visit aboutcookies.org

  • Managing cookies
    By default, most browsers are configured so that they accept cookies automatically. Once the default settings for cookies have been saved to your browser, all processes run in the background without you noticing them. However, you may wish to change those settings. You can usually set your browser so that you are notified of the use of cookies and so that you can decide from case to case whether to accept them, whether to refuse them in specific instances or whether to refuse them in general.
    Some websites – including ours – cannot, however, be used properly without cookies, as they need certain files for their routines, such as purchase orders. To buy products, you therefore need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or purchase products. To manage your cookies, use the guides below for the four most common internet browsers:

Internet Explorer: https://support.microsoft.com/en-gb/products/windows?os=windows-10
Google Chrome: https://support.google.com/accounts/answer/61416?hl=gb-en
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/en-gb/HT201265

  • The most important cookies used on our website:

Note the following list of the most important cookies which we use, together with their purpose:

Image Text

  • Third-party Cookies

    Cookies are also used for the purpose of web analysis services and plugins (e.g. to share content on social media). Further details about such cookies can be found below, under the services we use for our website.

Web analysis using Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (hereinafter: "Google"). Google Analytics uses so-called “cookies”, i.e. text files which are saved to your computer and allow us to analyse the use of the website. The information that is created by cookies on your use of our website is usually sent to a Google server in the United States, where it is then stored.

However, if you have activated IP anonymisation for this website, your IP address will not be sent without first being truncated by Google within the Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the United States and then truncated there. Acting at the website operator’s request, Google uses this information to analyse your use of the website, to set up reports on website activities for us as site operators and to provide us with other services connected with website and internet use. The IP address which Google Analytics sends via your browser will not be linked by Google with any other data it may have. You have the option of preventing the storage of cookies through suitable settings in your browser software; please note, however, that this may prevent you from using all the functions of this website to their full potential.

Furthermore, if you wish to prevent the collection of data generated by cookies and relating to your usage of the website (incl. your IP address) by Google and if you wish to opt out of such data being processed by Google, you can download and install a browser plugin from the following link http://tools.google.com/dlpage/gaoptout?hl=en. Further details are available at https://www.google.com/analytics/terms/gb.html and at http://www.google.com/policies/privacy.

You can find more information on the Terms of Use and the Privacy Policy at https://www.google.com/analytics/terms/gb.html and at www.google.com/intl/de/analytics/privacyoverview.html.

To allow the anonymised collection of IP addresses, Google Analytics has been extended to include the code “gat._anonymizeIp();”, so that IP addresses only undergo further processing in truncated form and data cannot be related to specific persons.

Data collected via the web analysis service Google Analytics are also used by Andreas Stihl AG & Co. KG for the optimisation and improvement of this website.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Use of remarketing or “similar target groups” function of Google Inc.

On our website we use the remarketing or “similar target groups” function provided by Google Inc. (hereinafter: “Google”). By using this feature, providers can send visitors to the website targeted advertising, in other words interest-based adverts personalised for site visitors – adverts which appear when they visit other websites in the Google Display Network. In order to carry out this analysis of website usage, which forms the basis for the creation of interest-based advertisement (remarketing), Google uses so-called cookies. To this end, Google stores a small file containing a sequence of numbers in the browsers of site visitors. The file captures the number of visitors to the website as well as anonymous data on site use. No personal data from the website users will be stored. On subsequent visits to other websites in the Google Display Network, advertisements are displayed that take into account the products and information viewed by the visitor on previously visited websites. Furthermore, if you wish to prevent the collection of data generated by cookies and related to your usage of the website (incl. your IP address) and if you wish to opt out of such data being processed by Google, you can download and install a browser plugin from the following link: http://tools.google.com/dlpage/gaoptout?hl=en

To permanently disable the use of cookies by Google, click the following link and download and install the plugin provided: https://www.google.com/settings/ads/plugin. Alternatively, you can disable the use of third-party cookies by visiting the deactivation website of the Network Advertising Initiative under http://www.networkadvertising.org/choices/ and implementing the further details about an opt-out that are provided. Additional information on Google Remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Use of Google Adwords Conversion Tracking

As a Google AdWords customer, we use Google Conversion Tracking, an analytics service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). Google AdWords places a cookie on your computer ("conversion cookie") if you have reached our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of us and the cookie has not expired, we and Google may recognize that someone clicked on the ad and was redirected to our site. Each advertiser receives a different cookie. Cookies can not be tracked through the websites of advertisers. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Advertisers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.

If you do not want to participate in the tracking, you can object to this use by preventing the installation of cookies by a corresponding setting of your browser software (deactivation option). You will not be included in the conversion tracking statistics.

For more information from Google, please visit: http://www.google.com/policies/technologies/ads/, http://www.google.com/policies/privacy/.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services

Microsoft Bing

In addition, we also use Microsoft Conversion Tracking (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). It means that Microsoft Bing Ads places a cookie on your computer if you have reached our site via a Microsoft Bing advert. This enables us and Microsoft Bing to see that someone has clicked on an advert, that they have been forwarded to our website and that they have reached a certain target page, which was specified in advance. It only tells us the total number of users who have clicked on a Bing advert and have subsequently been directed to the target page. This procedure does not provide any personal details concerning the user’s identity. Should you not wish to participate in the tracking process, you can reject the placement of such a cookie, e.g. via the browser setting that generally disables the automatic placement of cookies. Further details on data protection and cookies used by Microsoft Bing can be found on the Microsoft website, at https://privacy.microsoft.com/en-GB/privacystatement

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

DoubleClick by Google

DoubleClick by Google is a service offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: “Google”). DoubleClick by Google uses cookies to present relevant adverts to you. Your browser is assigned an anonymous identification number (ID). This number is used to monitor which ads appear in your browser and which ads have been viewed. The cookies do not contain personal information. DoubleClick cookies only allow Google and its partner sites to display ads that are relevant to you, based on your previous visits to our website or to others on the internet. The information created by the cookies is sent for analysis to a Google server in the United States and is stored there. Google only sends data to third parties if there is a basis in statutory regulations or if this is required for contract data processing. Under no circumstances will Google combine your data with other data collected by Google. By using this website you declare your consent with the processing of your data by Google, in the aforementioned manner and for the aforementioned purpose. You have the option of preventing the storage of cookies through suitable settings in your browser software; please note, however, that this may prevent you from using all the functions of this website to their full potential. Further details on DoubleClick's data privacy can be found here: https://policies.google.com/?hl=en. Furthermore, if you wish to prevent the collection by Google of data generated by cookies and related to your use of the website and if you wish to prevent the processing of such data by Google, you can download and install a browser plugin at https://support.google.com/ads/answer/7395996?hl=en,

The relevant browser plugin can be downloaded and installed under Ad Settings, Extension of DoubleClick Activation, Available Browser Plugins. Furthermore, if you wish to prevent the collection by Google of data generated by cookies and related to your use of the website and if you wish to prevent the processing of such data by Google, you can download and install the browser plugin available here.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Sharing personal data in the context of order processing

if such data sharing is required for the delivery of your goods, your data is passed on to the relevant shipping company that has been instructed. To handle payments, we disclose your payment details to the partner company and/or credit institution that deals with payments. The payment transaction runs via PayPal as a service provider (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg). Details on data protection at PayPal and the data privacy policy of PayPal (Europe) S.à r.l. & Cie, S.C.A. are available on the PayPal website, www.paypal.com. To conduct the relevant payment transaction, we send the following data to PayPal: items purchased and total purchase price.

The legal basis for data processing is the purpose of executing a contract (i.e. order processing).

Data security

As part of the ordering process, your personal data are encrypted and transmitted over the internet. We implement the usual recognised technical and organisational measures to secure our website and other systems against loss, destruction, access, modification and distribution of your data by unauthorized persons, yet we do so without being able to guarantee total protection. Access to your customer account is only possible on entering your personal password. You should keep your access details confidential at all times and close the browser window when you have finished your session with us, especially if you share your computer with others.

Rights of data subjects

As a data subject you are entitled to the following rights:

  • Right of access
    You are entitled to obtain information on the personal data we have stored about you, the length of storage, the processing of data and any recipients of the same. You are also entitled to receive a copy of the personal data forming the subject of data processing.

  • Right to rectification
    You are entitled to require us to rectify any incorrect personal data and to complete any incomplete personal data.

  • Right to erasure (“right to be forgotten”)
    Provided that the legal requirements are in place, you are entitled to require us to erase your personal data. If erasure is prevented by statutory retention duties, data processing is restricted accordingly (see below).

  • Right to the restriction of processing
    Provided that the legal requirements are in place, you are entitled to require us to restrict the processing of your personal data, i.e. to mark your data in such a way that they are restricted for processing in the future (and thus blocked).

  • Right to data portability
    Provided that the legal requirements are in place, you are entitled to require us to send the data you have provided either to yourself or to a data controller appointed by you, in which case we will send them as instructed in a standard, structured and machine-readable format.

  • Right to object to direct marketing
    You are entitled at any time to object to the processing of your personal data for marketing purposes (“objection to marketing”).

  • Right to object to data processing where the legal basis is a “legitimate interest”
    You are entitled to object to our processing of your data at any time, provided that such an objection has its legal base in a “legitimate interest”. In such a case we shall discontinue the processing of your data, unless we can – within the parameters of the law – demonstrate compelling legitimate grounds for further processing, outweighing your own rights.

  • Right to revoke your consent
    If you have given us your consent to the collection and processing of your data, you can revoke the same at any time with future effect. This, however, does not affect the legitimacy of processing your data until the date of revocation.

  • Right to lodge a complaint with the supervisory authority
    You can lodge a complaint with the competent supervisory authority if you believe that the processing of your data has breached applicable law. To do so, you can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us.

Contact person

You can contact us directly if you have any questions about the collection, processing or use of your personal data or concerning information, rectification, blocking or erasure of data or about the revocation of any consent you have given. Our contact details can be found in the publication details.

Contact details of appropriate person for Data Protection queries


Express Mowers
Platts Road
DY8 4YR Stourbridge
pwhitman1969@gmail.com Telephone: 01384 443499

Data Privacy Policy last updated: May 2018

Use of cookies

To make visiting our website attractive and to allow the use of certain functions (e.g. purchase orders), we have placed so-called cookies on some of our web pages.

When you call up our website, you are notified of our use of cookies through an info banner, which also draws your attention to our data privacy policy once more.

The legal bases for data processing with the use of cookies are your consent and/or our legitimate interest in the technical functioning and improvement of our range of services.

What are cookies?

Cookies are small text files that are stored on your computer when you visit certain websites. We use cookies to trace what you have in your shopping cart, so that we can send you contact forms and so that we remember you next time you visit our site. To place purchase orders on our website, you need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or place purchase orders. Please remember that cookies cannot damage your computer. The cookies we create do not store any identifiable personal information, such as credit card details. We’re giving you this information, so that we comply with the currently applicable legal provisions and to ensure that we respect and protect your privacy when you use our website. If you would like to find out more about cookies in general and how to manage them, please visit aboutcookies.org

Managing cookies

By default, most browsers are configured so that they accept cookies automatically. Once the default settings for cookies have been saved to your browser, all processes run in the background without you noticing them. However, you may wish to change those settings. You can usually set your browser so that you are notified of the use of cookies and so that you can decide from case to case whether to accept them, whether to refuse them in specific instances or whether to refuse them in general.

Some websites – including ours – cannot, however, be used properly without cookies, as they need certain files for their routines, such as purchase orders. To buy products, you therefore need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or purchase products. To manage your cookies, use the guides below for the four most common internet browsers:

-Internet Explorer:
http://windows.microsoft.com/en-GB/windows-vista/block-or-allow-cookies

-Google Chrome:
https://support.google.com/accounts/answer/61416?hl=en-GB

-Mozilla Firefox:
https://support.mozilla.org/en-GB/kb/enable-and-disable-cookies-website-preferences

-Safari:
http://support.apple.com/kb/HT1677?viewlocale=en-GB

The most important cookies used on our website:

Note the following list of the most important cookies which we use, together with their purpose:

Cookie name Cookie purpose
CookieNoticeDisplayed We use this cookie to not display the cookie notice banner, after you have accepted or reviewed our cookie policies.
Cart This is used to identify your current shopping cart as your own.
CartTotalCookie This is used to identify the current count of items in your shopping cart.
__RequestVerificationToken This security cookie is used to validate current requests and protect against cross site request forgery.
lco We use this cookie to identify the last checkout completed during the checkout process for checkout record keeping.

Third-party Cookies

Cookies are also used for the purpose of web analysis services and plugins (e.g. to share content on social media). Further details about such cookies can be found below, under the services we use for our website.

Partner name What their cookies are used for
Google Google Analytics uses cookies for user behavior tracking and other analytics purposes. Link(s) to usage details: http://www.google.com/intl/us_en/policies/technologies/cookies/