Introduction
Welcome to Megalift Construction Gear (“we,” “our,” or “Megalift”). These Terms and Conditions govern your use of our services, including but not limited to equipment sales, rentals, parts, support, and consultation (collectively, “Services”). By accessing our website, requesting a quote, placing an order, or taking delivery of any equipment, you (“Customer,” “you,” or “your”) agree to be bound by these Terms in full.
If you disagree with any part of these Terms, you must not use our Services.
Definitions
“Contract” means the agreement formed by your acceptance of our quote or order confirmation, incorporating these Terms.
“Equipment” means any machinery, plant, tools, forklifts, attachments, or parts supplied by Megalift, whether by sale or rental.
“Hire” or “Rental” means the temporary provision of Equipment for a fee, as detailed in a Rental Agreement.
“Hire Period” means the duration specified in the Rental Agreement, commencing from delivery or collection.
“Hire Rate” means the daily, weekly, or monthly charge for the Equipment as specified in the quote or Rental Agreement.
“Site” means the location where the Equipment is to be used or delivered, as specified by the Customer.
Quotations, Orders & Acceptance
3.1. All quotations are valid for 30 days from the date of issue, unless otherwise stated, and are subject to the availability of Equipment.
3.2. A binding Contract is formed only when Megalift issues a written order confirmation following your acceptance of a quote.
3.3. You are responsible for ensuring the accuracy of the order, including Equipment specifications, delivery dates, and Site details.
Prices & Payment (Sales & Services)
4.1. Prices are quoted in British Pounds Sterling (GBP) and are exclusive of Value Added Tax (VAT), which will be added at the prevailing rate.
4.2. For Equipment sales, payment terms are typically 30 days from invoice date, unless otherwise agreed in writing. A deposit may be required for custom or high-value orders.
4.3. For service work, consulting, and non-rental parts, payment is due within 30 days of invoice.
4.4. Late payments will incur interest at a rate of 8% per annum above the Bank of England’s base rate, accruing daily.
4.5. Megalift reserves the right to suspend further deliveries, services, or the provision of rental Equipment if payments are overdue.
Equipment Rental Terms
5.1. Rental Agreement: The specific terms of each rental, including the Hire Period, Hire Rate, delivery charges, and any insurance options, will be detailed in a separate Rental Agreement, which is governed by these general Terms.
5.2. Minimum Hire Period: A minimum charge equivalent to one day’s Hire Rate applies. Weekly rates are for a 5-day working week; monthly rates are for a 4-week period.
5.3. Extensions: The Hire Period may be extended only with Megalift’s prior written agreement. Extended periods will be charged at the agreed rate.
5.4. Customer’s Obligations (Rental): During the Hire Period, the Customer shall:
a) Use the Equipment in a proper, skilful, and safe manner, only for its intended purpose, and in accordance with any operating manuals or instructions.
b) Ensure all operators are competent, suitably trained, and hold any necessary certifications (e.g., CPCS, NPORS for plant).
c) Keep the Equipment at the designated Site, in a secure location, and protect it from theft, vandalism, and weather damage where possible.
d) Perform daily pre-use checks and maintain fuel, oil, coolant, and AdBlue levels (as applicable) at their own expense.
e) Not modify, repair, or attach anything to the Equipment without Megalift’s prior written consent.
f) Notify Megalift immediately of any breakdown, defect, accident, or damage.
g) Be responsible for all fines, penalties, or charges incurred (e.g., congestion charge, parking fines) relating to the Equipment during the Hire Period.
5.5. Title & Risk: The Equipment remains the property of Megalift at all times. Risk for the Equipment passes to the Customer upon delivery and remains with the Customer until it is returned and accepted by Megalift.
Delivery, Collection & Transport
6.1. Delivery and collection dates are estimates only. Megalift is not liable for delays caused by circumstances beyond its reasonable control (Force Majeure).
6.2. Unless otherwise agreed, the Customer is responsible for all costs of transport, loading, and unloading of Equipment for both delivery and collection.
6.3. The Customer must provide safe and adequate access to the Site for delivery and collection vehicles. Any additional costs incurred due to poor access or failed deliveries/collections will be charged to the Customer.
6.4. For rentals, the Customer must ensure the Equipment is ready for collection, in the same condition as delivered (fair wear and tear excepted), at the end of the Hire Period.
Damage, Loss & Insurance
7.1. Sales: Risk passes to the Customer upon delivery. We recommend you insure purchased Equipment immediately.
7.2. Rentals: The Customer is liable for all loss of or damage to the Equipment (including theft, vandalism, and malicious damage) from the time of delivery to the time of collection by Megalift, regardless of fault.
7.3. The Customer must either:
a) Provide evidence of their own all-risk insurance covering the full reinstatement value of the Equipment, naming Megalift as loss payee; or
b) Purchase Megalift’s optional Damage Waiver, which may reduce the Customer’s liability for accidental damage (subject to an excess and specific exclusions). The Damage Waiver does not cover loss, theft, wilful damage, or negligence.
7.4. The Customer remains liable for all costs associated with recovering lost or stolen Equipment.
Breakdowns & Repairs
8.1. The Customer must immediately cease using any Equipment that develops a fault and notify Megalift.
8.2. Megalift will, at its discretion, repair or replace faulty Equipment with all reasonable speed. This is the Customer’s sole remedy for Equipment failure.
8.3. No Hire Rate abatement or compensation will be given for downtime due to breakdown, unless it is proven to result from Megalift’s negligence and is not remedied within a reasonable time after notification.
8.4. The Customer must not attempt repairs unless authorized by Megalift. Unauthorized repairs may result in additional charges.
Limitation of Liability
9.1. Nothing in these Terms excludes or limits Megalift’s liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited under applicable law.
9.2. Subject to clause 9.1:
a) Megalift’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the charges paid by the Customer under the relevant Contract.
b) Megalift shall not be liable for any indirect or consequential losses, including but not limited to loss of profit, loss of business, loss of contract, or loss of production.
Termination
10.1. Megalift may terminate a Rental Agreement immediately if:
a) The Customer fails to pay any sum due.
b) The Customer breaches any material term of these Terms.
c) The Customer becomes insolvent or enters administration.
10.2. Upon termination, Megalift may repossess the Equipment, and all outstanding charges for the full Hire Period plus recovery costs will become immediately due.
Data Protection
Megalift will process personal data in accordance with its Privacy Policy, available on its website, and in compliance with UK Data Protection legislation.
General
12.1. Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales.
12.2. Jurisdiction: Both parties submit to the exclusive jurisdiction of the courts of England and Wales.
12.3. Severability: If any provision of these Terms is found invalid, the remaining provisions will remain in full force.
12.4. Entire Agreement: These Terms, together with any specific Rental Agreement or order confirmation, constitute the entire agreement between the parties.
12.5. Waiver: Failure by Megalift to enforce any right under these Terms does not constitute a waiver of that right.
12.6. Third Parties: A person who is not a party to the Contract has no right to enforce any term of it.
Contact for Queries: For questions regarding these Terms, please contact us at:
Megalift Construction Gear
Unit 6 Borwick Avenue
Walthamstow
London
E17 7EA
Email: info@megaliftconstructiongear.com
Phone: 0330-229-6212
