Legal Documentation
Hire Terms & Conditions
Clause 01
Hire Period
The hire period starts on the earliest of:
- Delivery of the equipment to site
- Commissioning or handover of the equipment
- Continued use of equipment already installed at site
The hire period continues until both of the following conditions are met:
- Written off-hire notice has been received by Evolution Cooling Ltd
- The equipment has been collected from site or returned to Evolution Cooling Ltd
Clause 02
Hire Charges
Hire charges are as detailed in the quotation and are invoiced in advance unless otherwise stated in writing.
Hire charges continue for the full duration of the hire period, including any period where the equipment remains on site awaiting off-hire, collection, or return. Part-periods are charged at the applicable weekly rate.
Clause 03
Payment Terms
All hire is payable upfront by Direct Debit. A Direct Debit instruction must be completed and confirmed before equipment is dispatched or this hire agreement becomes active.
Evolution Cooling Ltd reserves the right to withhold dispatch or suspend the hire arrangement if a valid Direct Debit is not in place or fails at any time.
No set-off, deduction or withholding may be made against any invoice unless expressly agreed by Evolution Cooling Ltd in writing.
Clause 04
Ownership
All hire equipment remains the sole property of Evolution Cooling Ltd at all times. The customer has no right, title, or interest in the equipment other than the right to use it during the hire period in accordance with these terms.
Equipment supplied on hire does not form part of the assets of the customer's business and cannot be mortgaged, assigned, transferred, or sublet.
Clause 05
Risk & Care of Equipment
Risk in the equipment passes to the customer on delivery to site and remains with the customer until the equipment has been collected by or returned to Evolution Cooling Ltd.
The customer is responsible for keeping the equipment:
- Safe and secure at all times
- Properly operated by suitably trained personnel
- Protected from frost, contamination, and poor water quality
- Free from unauthorised modification or interference
The customer shall be liable for any loss of or damage to the equipment, other than fair wear and tear or proven inherent fault.
Clause 06
Damage Waiver
A Damage Waiver of 10% is applied to the hire subtotal per billing period. Where the waiver applies, Evolution Cooling Ltd will meet the cost of repairing accidental damage to the equipment arising during the hire period.
The Damage Waiver does not apply to, and the customer remains fully liable for:
- Frost damage of any kind
- Damage caused by raw, untreated, or incorrectly treated water
- Wilful damage, misuse, or negligence
- Damage caused by unauthorised modifications or interference
- Damage caused by incorrect electrical or mechanical connections
- Consumable items including filters, seals, glycol, and refrigerant
- Loss, theft, or destruction of equipment
Clause 07
Site Responsibilities
Unless otherwise agreed in writing, the customer is responsible for arranging and maintaining:
- All electrical supplies, cabling, distribution, and isolations
- Mains water supply for initial fill and ongoing top-up
- Glycol and frost protection where required by ambient or operating conditions
- Safe and suitable access for delivery, commissioning, maintenance, and collection
- Any lifting equipment, permits, or access arrangements required on site
The customer shall notify Evolution Cooling Ltd prior to hire commencement if the site contains any hazardous materials, biological hazards, or restricted access conditions.
Clause 08
Delays & Abortive Visits
Delays, waiting time, failed access, site not being ready, or aborted visits caused by the customer or site conditions may be chargeable at the rates set out in the relevant quotation.
Additional labour, travel, mileage, transport, and associated costs will be charged where applicable. Labour time includes travel time to and from site.
Clause 09
Access
Evolution Cooling Ltd reserves the right to attend site at reasonable times to inspect, service, maintain, decommission, or recover the equipment. The customer shall provide all necessary access, permits, and facilities required to carry out such works.
Clause 10
Off-Hire
A minimum of 5 working days' written notice is required to off-hire equipment.
Off-hire notice must be:
- Sent by email to [email protected]
- Addressed to Evolution Cooling Ltd with the quotation number and site details clearly stated
Hire charges continue to accrue until the equipment has been made available for collection and physically collected by Evolution Cooling Ltd. Verbal notice is not accepted.
Clause 11
Non-Payment & Default
If payment is not made when due, or if the customer:
- Becomes insolvent or unable to pay debts as they fall due
- Enters administration or gives notice of intention to appoint administrators
- Ceases trading or threatens to cease trading
- Otherwise materially breaches these terms
Evolution Cooling Ltd reserves the right to:
- Suspend operation and/or support services immediately
- Attend site to recover the equipment without further notice
- Terminate the hire agreement with immediate effect
- Recover all outstanding sums together with any reasonable recovery, legal, or debt collection costs
Clause 12
Rate Review
Hire rates are subject to periodic review. Evolution Cooling Ltd will provide reasonable written notice of any rate changes. Continued use of the equipment following notice of a rate change constitutes acceptance of the revised rate.
Clause 13
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.