Contact Form

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on our website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.

Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you. You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about this, please consult our Data Protection Declaration below.

You do have the option to object to such analyses. We will brief you on the objection options in this Data Protection Declaration.

2. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

FOMACON Trade GmbH & Co. KG
Mörsenbroicher Weg 191
40470 Düsseldorf

Telephone: +49 (0) 211 - 975 323 90
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).

If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Information about, blockage, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

3. Recording of data on our website

Cookies

In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.

You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

Hence, the processing of the data entered into the contact form occurs exclusively based on your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

4. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored.

The storage of Google Analytics cookies and the utilization of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities.

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objection to the recording of data

You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Demographic parameters provided by Google Analytics

This website uses the function “demographic parameters” provided by Google Analytics. It makes it possible to generate reports providing information on the age, gender and interests of website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data.”

Google Analytics Remarketing

Our websites use the functions of Google Analytics Remarketing in combination with the functions of Google AdWords and Google DoubleClick, which work on all devices. The provider of these solutions is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

This function makes it possible to connect the advertising target groups generated with Google Analytics Remarketing with the functions of Google AdWords and Google DoubleClick, which work on all devices. This makes it possible to display interest-based customized advertising messages, depending on your prior usage and browsing patterns on a device (e.g. cell phone) in a manner tailored to you as well as on any of your devices (e.g. tablet or PC).

If you have given us pertinent consent, Google will connect your web and app browser progressions with your Google account for this purpose. As a result, it is possible to display the same personalized advertising messages on every device you log into with your Google account.

To support this function, Google Analytics records Google authenticated IDs of users that are temporarily connected with our Google Analytics data to define and compile the target groups for the ads to be displayed on all devices.

You have the option to permanently object to remarketing / targeting across all devices by deactivating personalized advertising in your Google account. To do this, please follow this link: https://www.google.com/settings/ads/onweb/.

The consolidation of the recorded data in your Google account shall occur exclusively based on your consent, which you may give to Google and also revoke there (Art. 6 Sect. 1 lit. a GDPR). Data recording processes that are not consolidated in your Google account (for instance because you do not have a Google account or have objected to the consolidation of data), the recording of data is based on Art. 6 Sect. 1 lit. f GDPR. The legitimate interest arises from the fact that the operator of the website has a legitimate interest in the anonymized analysis of website visitor for advertising purposes.

For further information and the pertinent data protection regulations, please consult the Data Privacy Policies of Google at: https://policies.google.com/technologies/ads?hl=en.

5. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the "Unsubscribe" link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted. This shall not affect data we have been archiving for other purposes.

Newsletter2Go

This website uses Newsletter2Go for the sending of newsletters. The provider is the Newsletter2Go GmbH, Nürnberger Straße 8, 10787 Berlin, Germany.

Newsletter2Go services can, among other things, be used to organize and analyse the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter are archived on Newsletter2Go’s servers in Germany.

If you do not want to permit an analysis by Newsletter2Go, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.

Data analysis by Newsletter2Go

Newsletter2Go enables us to analyse our newsletter campaigns. For instance, it allows us to see whether a newsletter message has been opened and, if so, which links may have been clicked. This enables us to determine, which links drew an extraordinary number of clicks.

Moreover, we are also able to see whether once the e-mail was opened or a link was clicked, any previously defined actions were taken (conversion rate). This allows us to determine whether you have made a purchase after clicking on the newsletter.

Newsletter2Go also enables us to divide the subscribers to our newsletter into various categories (i.e. to “cluster” recipients). For instance, newsletter recipients can be categorized based on age, gender or place of residence. This enables us to tailor our newsletter more effectively to the needs of the respective target groups.

For detailed information on the functions of Newsletter2Go please follow this link: https://www.newsletter2go.de/features/newsletter-software/.

Legal basis

The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR).  You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

Storage period

The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted from our servers as well as those of Newsletter2Go. This shall not affect data we have been archiving for other purposes.

For more details, please consult the Data Protection Regulations of Newsletter2Go at: https://www.newsletter2go.de/features/datenschutz-2/.

Execution of a contract data processing agreement

We have executed a contract with Newsletter2Go, in which we require Newsletters2Go to protect our customers’ data and to refrain from sharing such data with third parties. You may review this contract under the following link: https://www.newsletter2go.de/docs/datenschutz/ADV_Muster_Newsletter2Go_GmbH_latest_Form.pdf

6. Plug-ins and Tools

YouTube

Our website uses plug-ins of the YouTube platform, which is operated by Google. The website operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit a page on our website into which a YouTube plug-in has been integrated, a connection with YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited.

Furthermore, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website visitor. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.

If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Google Web Fonts (local embedding)

This website uses so-called Web Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.

Google Maps

Via an API, this website uses the mapping service Google Maps. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6 Sect. 1 lit. f GDPR.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on our websites. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The purpose of reCAPTCHA is to determine whether data entered on our websites (e.g. information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyses the behaviour of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g. IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.

reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is underway.

The data is processed on the basis of Art. 6 Sect. 1 lit. f GDPR. It is in the website operators legitimate interest, to protect the operator’s web content against misuse by automated industrial espionage systems and against SPAM.

For more information about Google reCAPTCHA and to review the Data Privacy Declaration of Google, please follow these links: https://policies.google.com/privacy?hl=en and https://www.google.com/recaptcha/intro/android.html.

Terms & Conditions / Rental Contract

 

1. Definitions

1.1 The “Owner” is fomacon Management GmbH part of fomacon Group also the Trademark Name ZGS Mobile Strassen.

1.2 The “Hiree” is the Company, firm, person, Corporation or public authority taking the Owner’s plant on hire and includes their successors agents or personal representatives.

1.3 “Plant” covers all classes of products and accessories which the Owner agrees to hire to the Hiree.

1.4 Where the Hiree collects or returns the plant, “the hire period” shall commence from the time when the plant leaves the Owner’s depot and shall continue until the plant is received back at the Owner’s depot. Where the Owner delivers or collects plant, the hire period shall commence on delivery and will continue until collection.

1.5 The “contract” is the document or documents that set out the terms and conditions and all other details relevant to a particular transaction.

1.6 The contract shall be governed by and approved in accordance with the law of Germany.

2. Extend of Contract

2.1 No conditions other than specifically set forth herein shall be deemed to be incorporated in or to form part of the Contract. These Conditions are the only terms upon which the Owner will accept orders for equipment. Any terms or conditions attached to the customer’s order shall be of no effect unless repeated herein or agreed to in writing by the Owners.

2.2 The Owner reserves the right to amend or modify terms and conditions subject to written notice to the Hiree.

2.3 Further copies of these terms and conditions are available on request.

3. Acceptance of Plant

3.1 Acceptance of the plant implies acceptance of all terms and conditions herein unless otherwise agreed by the Owner in writing.

3.2 Any performance details, quotations, advice or recommendation from the Owner is given in good faith but no responsibility is accepted. The Hiree must satisfy himself regarding the suitability of plant before ordering.

4. Unloading and Loading

4.1 The Hiree shall be responsible for unloading and loading the plant at site, and any personnel including drivers or operators supplied by the Owner shall be deemed to be under the Hiree’s control. Should the Hiree not be satisfied with any personnel supplied by the Owner he should immediately direct and ensure that work should stop and contact the Owner.

4.2 Should any vehicle supplied by the Owner be required to leave the Public Highway for the purpose of collection or delivery of plant, the Hiree shall be responsible for all injury, loss and damage, howsoever caused, whether negligently, or otherwise, to the vehicle, plant, the site and anything on, under or affixed to the site. PROVIDED THAT nothing in this clause shall exclude liability of the Owner, or his servants.

4.3 Should any collection of plant or loading facilities or personnel or any other reason, then the Hiree shall be responsible for the cost of continued hire charges for the plant not collected until either the plant is returned to the Owner’s depot or new arrangements agreed between the Hiree and the Owner lead to a successful rearranged collection.

4.4 On delivery, collection or return of plant, the Hiree shall sign the appropriate note (the Note) supplied by the Owner. The person signing the Note shall be deemed to be an agent of the Hire and the Owner accepts no responsibility for any incorrect or incomplete completion of the Note by the Hiree or his agent.

4.5 Any aborted transport charges are charged at the same rate as the delivery or collection charge. Any demurrage transport charges are calculated at the current hourly rate for the vehicle involved.

4.6 No responsibility is accepted by the Owner for any instructions, comments or observations made by or to any personnel supplied by the Owner. Should the Hiree have any requirement in this respect, the procedures laid down in this contract should be followed.

4.7 Any delivery or collection dates or times quoted are estimates only and not guaranteed, and time shall not be of the essence of the contract.

4.8 One half hour is allowed for time spent on site by a vehicle during any deliver or collection without charge. After that time, the Hiree shall be responsible for a demurrage charge.

4.9 Where it has been arranged that plant will be laid down, installed or sited by the Owner upon delivery or subsequent movement, the Hiree must satisfy himself that his requirement are met before the plant is used.

5. Risk Ownership

5.1 Risk in the Hire Goods and any Products will pass immediately to the Hiree when they leave the physical possession or control of the Owner.

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

6. Delivery in Good Order and Maintenance: Inspection Reports

6.1 Unless notification in writing to the contrary is received by the Owner from the Hiree within three working days of the plant being delivered to site, the plant shall be deemed to have been correctly supplied and in good order. The Hiree shall be responsible for its safekeeping, use in a workmanlike manner within the manufacturers rated capacity and return on completion of the hire in equal good order.

6.2 The Hiree shall when hiring plant take all reasonable steps to keep himself acquainted with the state and condition of the plant. If such plant be continued at work or in use in an unsafe and unsatisfactory state or environment, the Hiree shall be solely responsible for any damage, loss or accident whether directly or indirectly arising therefrom.

6.3 The current Inspection Report or Test Certificate or similar required under the relevant legislation or a copy thereof, shall be supplied by the Owner if requested by the Hiree.

7. Consequential Losses

7.1 The Owner shall have no liability nor responsibility for any consequential loss or damage howsoever caused.

7.2 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 Hiree’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 or whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature.

8. Hiree’s Responsibility for Loss and Damage

8.1 During the continuance of the hire period the Hiree shall make good to the Owner all loss of or damage to the plant from whatever cause the same may arise and shall also fully and completely indemnity 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 use of the plant and in respect of all costs and charges in connection therewith whether arising under statute or common law. In the event of loss or damage to the plant, hire charges shall be continued until settlement has been effected.

8.2 All plant is supplied in good clean condition. There will be a charge to the Hiree for any item returned or collected requiring cleaning, repair or replacement.

8.3 If the Owner considers that cleaning, repairing or replacement of any plant is necessary, the Owner will notify the Hiree, orally or in writing or electronically, and the Hiree shall have the right to inspect such plant at the owner’s depot and make representations as to the necessity of any cleaning, repair or replacement or charges relating thereto within three working days of notification. Following any representations the Owners decision will be final. If the Hiree fails to inspect, or make representations within the time limit, he will be deemed to accept the necessity for such cleaning, repair or replacement and the charges relating thereto.

8.4 THE HIREE IS ADVISED TO INSURE FOR THE FULL REPLACEMENT COST OF PLANT.

8.5 Where plant is advised as lost or stolen and replacement is charged, should the plant subsequently be located and returned to the Owner was missing will be chargeable at the full hire rate, and the issue of any credit is strictly subject to this condition.

8.6 Where plant is lost or not returned at the termination of hire, the Hiree is responsible for full replacement cost. In the event of damage to plant, where the plant can be economically repaired, cost of repairs will be charged to the Hiree. In all other instances full replacement cost will be chargeable.

8.7 The Hiree must maintain his security and insurance arrangements during any holiday or shutdown period.

9. Notice of Accidents

9.1 If the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s office, and in respect of any claim not within the Hiree’s agreement for Fomacon Group – Conditions for Hire and Sale of Products indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hiree without the Owner’s or their insurers consent in writing.

10. Re-Hiring

10.1 The plant or any part thereof shall not be re-hired, sub-let or lent to any third party without the Owner’s consent in writing.

11. Change of Site

11.1 The plant shall not be moved from the site to which it was delivered or consigned without the authority of the Owner in writing.

12. Basis of Charging

12.1 Plant shall be hired out at ‘per week’ for a minimum of 1 week as shown in a published hire rate list. All charges will conform to those shown and will be strictly applied unless otherwise confirmed in writing by the Owner to the Hiree.

12.2 The owner may implement a clean up charge of € 5,50 per mats if they are returned in a dirty condition.

13. Notice of Termination

13.1 The Owner will not accept any termination instructions from the Hiree at the time of the placing of any hire order.

13.2 Hirees wishing to order plant for a specific period of time must terminate the contract in the way described herein and must not rely on any details or instructions regarding length of time plant is required given to the Owner.

13.3 The Contract shall be determinable by seven working days (not counting statutory holidays, weekends or construction industry shutdown days) notice in writing given by either party to the other except in cases where plant has been lost or damaged, or where clause 20.2 below applies, or where minimum notice of termination periods apply.

13.4 Hirees wishing to give termination instructions by telephone are bound by the same notice requirements contained in clause © and should request and note a termination reference number and the name of the Owner’s representative concerned. Full details should then be confirmed in writing by the Hiree to the Owner.

13.5 Receipt of written or telephoned termination instructions by the Owner will be confirmed to the Hiree in writing. Should the Hiree not receive any confirmation within seven days of giving termination instructions the Hiree should contact the Owner and
request such confirmation and a termination number which should be noted and retained.

13.6 In the event of any dispute the details contained in clauses 15.1 and 15.5 above must be provided.

13.7 Where a Hiree gives notice to terminate the contract, in accordance with clause 19.3 and 19.4 above, and wishes the Owner to collect plant from site, a full seven workings days (not counting statutory holidays, weekends or construction industry
shutdown days), from the day of notice of termination must be allowed for collection from site.

13.8 The Hiree is fully responsible for all plant during this period and until collected from site and Hiree must make all necessary arrangements in order to comply with all the transport and collection requirements contained in this contract. The Hiree is fully responsible for any losses or damage sustained during this period. The Hiree should arrange any insurance accordingly.

13.9 Notwithstanding that the Owner may have agreed to accept less than 7 day notice of termination, the Hiree’s obligations shall continue until the plant is returned to the Owner or until the Owner has collected the plant.

14. Transport

14.1 The Hiree shall pay the cost of and if required by Owner, arrange transport of the plant from the Owner’s depot to the site and return to depot on completion of the hire period.

15. Government Regulations

15.1 Where any item of plant or transport is supplied, by the owner, the Hiree will be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including Health and Safety at Work Act and observance of the Road Traffic Acts should they apply

16. Protection of Owner’s Right

16.1 The Hiree shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the plant expect as provided under Clause 12 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.

17. Waiver of Public and Private Liability

17.1 e Mats and other temporary access products supplied by the owner are installed and used by the Hiree, its agents, contractors or employees or member of the public attending the venue or hire site, entirely at their own risk.

17.2 The owner will in no way be liable for any damage to property or injury to persons, whether the hiree, its agents, contractors, employees or members of the public attending the venue or hire site.

18. Foundations

18.1 The Hiree shall provide suitable foundations in an acceptable position for any portable accommodation unit to stand on. In case of doubt reference should be made to the owner.

19. Trackway connections/Health & Safety

19.1 Like all temporary access and ground protection solutions, e Mats MUST be connected at all times with connectors and/or metal straps and pin provided. The owner will not accept responsibility for damage, personal injury or “unsatisfactory”
performance caused by e Mats that are not connected.

19.2 Heath and safety insurance levy – If it is discovered by the owners’ staff that the e Mats provided on hire are not connected in the correct manner as advised, the owner will charge a Heath & Safety Insurance Levy equivalent to 5% of the total cost of the hire.

20. Steel Tracked Vehicles

20.1 Steel tracked vehicles cannot be used on tt Mats unless rubber mats protection is placed over the mats. Rubber mats can be provided for a hire charge by the Owner if so advised by the Hiree prior to the hire. Any damage to the tt Mats caused by the negligent use of steel tracked vehicles over the mats will be charged at full replacement cost.

21. Payment

21.1 Where account facilities have been granted in writing all invoices must be paid within 30 days from date of invoice. Failure to pay any invoice within the 30 days period will result in immediate withdrawal of all credit account facilities and all invoices rendered and all future invoices to e rendered will be immediately due and payable. Where no such facilities have been granted payment will be with order or where previously agreed on delivery. Where these terms are exceeded interest shall be payable at the rate 3% per month on the balance outstanding from the date payment was due until the date when payment is actually received. This should be without prejudice to any other rights or remedies available.

21.2 Should the Hiree fail to ensure prompt payment the Owner may require the Hiree to return all plants. Having been requested to do so, should the Hiree fail to return the plant the Owner may arrange to collect any repossess plant from site. If the Owner is unable to collect plant, or any part thereof from site, for any reason then such plant, or part thereof shall be deemed to have been sold to the Hiree as at the date of collection or attempted collection at the full replacement cost of such plant or part thereof. If any plant collected or received from the Hiree is in need of repair replacement or cleaning, the procedure set out in clauses 10.3 will apply.

21.3 In the event of the Owner deeming it necessary to commence legal action to recover unpaid accounts, the Owner reserves the right to include all costs, expenses and interest in the claim.

22. Data Protection

22.1 The Owner may supply information relating the Hiree to a credit reference agency and to any company requiring a trade reference. For all purposes connected with the Data Protection Act, the Owner’s Company Secretary has been designated as the Data Controller.

23. CPA Model Terms and Conditions

23.1 In addition to fomacon Group Hire Terms and Condition, all hires are subjected to CPA Model Terms and Conditions. Hereby accept the terms and conditions set above For and on behalf of:
(the offer of the project, it’s part of the contract)

Reference

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