Standard Terms & Conditions for Supply of Hire Goods & Services
Express Eco Solutions is a subsidiary of Express Solution Group. This terms and conditions document contains the relevant terms and conditions that apply to the supply of all goods and services by Express Solutions Group Limited (company number: 10818789, registered address: The Quadrant, Limes Rd, Weybridge KT13 8DH) (“we/us/our”) and its child companies (“we/us/our”). Any reference to we, us or our in these terms and Express Solutions Group Limited Asset Services Limited.
This document is structured as follows with the provisions in each Part applying as explained:
- Part 1: Terms that apply to all contracts. Apply to all contracts made with us whether for the supply of Equipment, Products and/or Services. In addition, one or more of the following Parts will also apply depending on (i) the method by which you are contracting with us, (ii) whether you are hiring Equipment, purchasing Products and/or receiving Services from us.
- Part 2: Terms that apply to hire of Equipment. Apply to all customers that place an order to hire Equipment.
1. Interpretation
1.1 In these conditions the following words have the following meanings:
“Associated Company” means any group company or company that is a subsidiary company of either party from time to time and ‘subsidiary’ shall have the meaning set out in Section 1159 of the Companies Act 2006;
“Charges” means our current hire charges from time to time including any charges for the Services during the Hire Period and/or any charges for the sale of the Products or supply of Services (as appropriate);
“Contract” means a contract for the hire of the Equipment, the provision of the Services and/or the sale of Products created by the acceptance of your order (or Booking Form for training Services) by us and which incorporates these conditions;
“Contract Confirmation Email” means, for email or telephone orders, an email that we send to you in accordance with Section 1.6 of Part 6 which states that a Contract has been formed between us;
“Corporate Terms” means pre-agreed terms for the supply of equipment and services signed by you and us;
“Data Protection Directive” means Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
“Data Protection Laws” means [before 25 May 2018, the Data Protection Act 1998 and the Data Protection Directive and from 25 May 2018] the General Data Protection Regulation together with [(both before and after 25 May 2018)] the UK Privacy and Electronic Communications Regulations 2003 and the [Data Protection Act 2018];
“Deposit” means any advance payment required by us in relation to cash hires for the Equipment which is to be held as security by us;
“Equipment” means the equipment detailed in the Order together as a whole and any accessories hired by you as specified in a Contract;
“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, lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“General Data Protection Regulation” means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
“Hire Period” means the period commencing when you hold the Equipment on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of either of the following
events (i) you return the Equipment to our possession; or (ii) we repossess or collect the Equipment.
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other Intellectual Property Rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities;
“Order” means your order for Equipment, Products and/or Services which has been confirmed by email or telephone orders, in a Contract Confirmation Email;
email or telephone orders, in a Contract Confirmation Email;
“Personal Data” has the meaning given in the Data Protection Act 1998 or the General Data Protection Regulations, as appropriate.
“Products” means the products sold by us to you;
“Services” means the services and/or work (if any) to be performed by us for you whether in conjunction with the hire of
Equipment (including any delivery and/or collection service for the Equipment) or otherwise; “you” means the person, firm, company or other organisation hiring the Equipment and/or purchasing the Products and/or Services.
2. Basis of Contract
2.1 These conditions do not affect any of your legal rights where you are a person acting as consumer, i.e. you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession. Any provisions whose application excludes or restricts your legal rights as a consumer will, to the extent they do so, have no force or effect.
2.2 If you have already entered into a bespoke set of corporate trading terms with us (“Corporate Terms”), then such Corporate Terms shall prevail to the extent that there is any inconsistency with these conditions.
2.3 Subject to Section 2.2 of this Part 1, these conditions shall be incorporated in all Contracts and shall be the sole conditions under which Equipment, Products and/or Services are provided to you. All other terms, conditions and other representations are excluded from the Contracts between you and us (including, without limitation, any terms and conditions which you may purport to apply under any Contract) and these terms and conditions shall prevail.
2.4 Our employees or agents are not authorised to make any representations concerning the Equipment, Products and/or Services unless confirmed in writing (this does not include in our catalogues or on our Website) and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing (this does not include in our catalogues or on our Website) is followed or acted upon entirely at your own risk.
2.5 We reserve the right to provide Equipment, Products and/or Services similar or comparable to that ordered by you.
2.6 The Contract shall become binding when we have acknowledged the Order to you either verbally or in writing.
2.7 You shall obtain and comply with all permissions, consents and licences required for the Equipment under any statute, regulation or byelaw.
2.8 The Contract and all matters relating to the Contract shall be conducted in English.
2.9 We may update any and all of these terms and conditions from time to time by publishing an updated copy on our Website. The updated terms shall be effective from the date of publication on the Website. Please do ensure that you check our Website from time to time for this reason.
3. Payment
3.1 Time for payment under a Contract shall be 60 days from date of invoice.
3.2 Without prejudice to any of our other rights, if you fail to make any payment in full on the due date we may charge you interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend the supply of further Products and/or Services to you or any of your Associated Companies.
3.3 You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.4 If you are a credit customer, we may set a reasonable credit limit for you. We reserve the right to terminate or suspend any Contract if allowing it to continue would result in you exceeding your credit limit, or you have already exceeded the credit limit.
3.5 All Charges are, unless otherwise stated, exclusive of any applicable VAT.
4. Default
4.1 If you:
4.1.1 fail to make any payment to us when due;
4.1.2 breach the terms of the Contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
4.1.3 persistently breach the terms of the Contract;
4.1.4 provide incomplete, materially inaccurate or misleading facts and/or information to us in connection with the Contract;
4.1.5 attempt to pledge, charge or create any form of security over any Equipment;
4.1.6 cease or threaten to cease to carry on business;
4.1.7 being a company, enter into voluntary or compulsory liquidation, have an administrator or administrative receiver appointed over all or any of your assets, or compound with or come to an arrangement with your creditors or enter into a company voluntary arrangement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction;
4.1.8 reasonably appear to us, due to your credit rating, to be financially inadequate to meet your obligations under the Contract (this Section 4.1.10 only applies to credit customers); and/or
4.1.9 reasonably appear to us to be about to suffer any of the above events;
then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in Section 4.2 below.
4.2 If any of the events set out in Section 4.1 of this Part 1 occurs in relation to you then:-
4.2.1 we may withhold the performance of any Services and/or supply of any Products and/or cease the delivery of any Services and/or Products in progress under this and/or any other Contract between you (and/or any of your Associated Companies) and us (and/or any of our Associated Companies);
4.2.2 we may immediately cancel, terminate and/or suspend without Liability to you the Contract and/or any other contract between you (or any of your Associated Companies) and us (or any of our Associated Companies);
4.2.3 any credit period in relation to payment of the Charges shall be accelerated and all
4.2.3 any credit period in relation to payment of the Charges shall be accelerated and all sums, all monies owed by you (or any of your Associated Companies) to us (or any of our Associated Companies) under this Contract or any other Contract between you (or any of your Associated Companies) and us (or any of our Associated Companies) shall immediately become due and payable.
4.3 Upon termination of the Contract you shall immediately pay to us (or any of our Associated Companies), in full and cleared funds, all outstanding
Charges and/or any other sums payable under the Contract or any other contract between us (or any of our Associated Companies) and you (or any of your Associated Companies).
5. Limitation of Liability
5.1 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.
5.2 If we are found to be liable in respect of any loss or damage to your property the extent of our Liability will be limited to the retail cost of replacement of the damaged property.
5.3 We shall have no Liability to you if any Charges or monies due in respect of the Equipment, the Services and/or the Products have not been paid in full and cleared funds by the due date for payment.
5.4 We shall have no Liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
5.5 We shall have no Liability to you for any:-
5.5.1 losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for:
(a) loss of revenue,
(b) loss of profit,
(c) loss of anticipated saving,
(d) loss of goodwill; or
(e) loss of reputation;
5.5.2 economic and/or other similar losses;
5.5.3 business interruption, loss of business, contracts and/or opportunity; and/or
5.5.4 special damages, indirect losses and/or consequential losses.
5.6 Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Charges or the sum of £1,000, whichever is the higher, under that Contract.
5.7 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:
5.7.1 Liability for breach of contract;
5.7.2 Liability in tort (including negligence); and
5.7.3 Liability for breach of statutory and/or common law duty; except Section 5.5.4 of this Part 1 which shall apply only once in respect of all the types of Liability under this Section 5.7.
5.8 Nothing in this Contract shall exclude or limit our Liability for death or personal injury due to our negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
6. Confidentiality
6.1 You and we will each keep in confidence any information of the other, whether written or oral, of a confidential nature obtained under or in connection with the Contract except to the extent any disclosure is required by law or expressly agreed. You and we each agree not, without the consent of the other, to disclose confidential information of the other to any person other than you or our employees, contractors, suppliers or
professional advisers who shall require the information in order for the relevant party to fulfil its obligations under or in relation to the Contract.
6.2 Information shall not be treated as confidential if it is:
6.2.1 lawfully in the public domain; or
6.2.2 lawfully in the possession of a party before disclosure to it has taken place; or
6.2.3 obtained from a third person who is entitled to disclose it; or
6.2.4 replicated independently by someone without access or knowledge of the information.
7. Data Protection
7.1 You acknowledge and agree that we (and our contractors and suppliers) may use Personal Data obtained from you in relation to the provision of Equipment, Products and/or Services, including for Training Services any Delegates nominated by you during or following the completion of the Booking Form or provision of the Training Services, or otherwise during the term of the Contract (“Your Data”), for the following purposes:
7.1.1 administering the Contract (including, without limitation, liaising with any third parties who are relevant to the provision of the Equipment, Products and/or Services, assisting with requests, and/or processing orders);
7.1.2 notifying you of changes to the Equipment, Products and/or Services or any terms and conditions;
7.1.3 enabling us (and/or a contractor or supplier) to make the Equipment, Products and/or Services available to you/a Delegate nominated by you;
7.1.4 for invoicing purposes; and
7.1.5 as otherwise permitted under these conditions and Express Solutions Group Privacy Notice.
7.2 We will not pass Your Data (as defined above) to any third parties unless (a) it is necessary to do so for the purposes of the Contract, or (b) in accordance with our legitimate interest to carry out direct marketing to you, or (c) where we have your consent to direct marketing. In those circumstance we may pass Your Data on to other Express Solutions Group companies and, where you have agreed that we may do so, selected third parties (including our contractors and suppliers). We and such other persons may contact you (and your representatives) for marketing purposes (by post, SMS, Telephone, email and other electronic means) and may send you (and your representatives) information about their products and services which we consider may be of interest to you in accordance with (a) our Privacy Notice and (b) (where applicable) your marketing preferences and, where applicable in relation to Training Services (see Part 4), those of your Delegates (as determined by you/your Delegates and updated by you/your Delegates from time to time).
7.3 You acknowledge that for the purposes of the Data Protection Act 1998, Express Solutions Limited is a data controller of any Personal Data that you provide. Details of how we use Your Data and how to exercise your rights under the Data Protection Laws are set out in our Privacy Notice.
7.4 You agree that we or anyone acting on our behalf may monitor, and record calls made to or by you (and/or any of your employees or personnel), for training purposes, to improve the quality of our/their customer services and to assist with complaint handling. You undertake to make your employees and personnel aware of the provisions of this condition, including our Privacy Notice and to ensure that you have complied with the provision of the Data Protection Laws and your own privacy policy in relation to providing Your Data to us.
8. General
8.1 Upon termination of the Contract the following provisions of this Part 1 of the Contract shall continue in full force and effect: Sections 1, 3, 5 and 8.
8.2 You shall be liable for the acts and/or omissions of your employees, agents, servants and/or subcontractors as though they were your own acts and/or omissions under this Contract.
8.3 You shall be responsible for compliance with all relevant legislation and regulations issued by Government or local authorities, including (but not limited to) regulations under the Factories Acts, Health and Safety at Work Act.
8.4 You agree to indemnify and keep indemnified us against any Liability suffered by us and arising from or due to your breach of contract, tort (including negligence) and/or any breach of statutory duty and/or any claim from a third party for injury to person or property arising from your use or storage of the Equipment or use of any Product or Service other than in accordance with our written instructions.
8.5 No waiver by us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
8.6 If any provision of the Contract 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.
8.7 We shall have no liability to you for any delay and/or non-performance of a Contract to the extent that such delay is due to Force Majeure. If we are affected by Force Majeure, then the time for performance of our obligations under the Contract shall be extended for a period equal to the period of the delayed performance.
8.8 These terms and conditions supersede and replace all prior terms and conditions, communications, representations, warranties, stipulations, undertakings, and agreements whether oral or written between the parties.
8.9 All third-party rights are excluded, and no third parties shall have any rights to enforce the Contract.
8.10 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortious nature or otherwise).
8.11 We have the right to vary the Contract, by giving you 7 days’ written notice of such variation.
8.12 You shall not, and shall procure that your directors, employees, agents, representatives, contractors or subcontractors shall not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010. You shall have in place adequate procedures designed to prevent any person working for or engaged by you or any other third party in any way connected to the Contract, from committing offences of corruption or bribery. Breach of this Section 8.12 shall entitle us to terminate with immediate effect.
8.13 We shall not be obliged to employ any of your employees (or any employees of a third-party contractor appointed by you) as a result of or in connection with the Contract or us providing any Services, and you
agree to indemnify us against any costs, liabilities and expenses incurred by us as a result of any claim (including for dismissal) or demand of any nature by any such employee against us.
Part 2
Hire of Equipment & Products
1. Payment
1.2 You shall pay the Charges from the date specified in the Order and will continue paying the Charges during the Hire Period until we have collected the Equipment within a reasonable period after the issue and the Equipment is in a clean and serviceable condition and we have given you a receipt.
1.4 Charges or any other sums due under this Contract shall be made in full and cleared funds by 60 days from the date of the invoice.
2. Ownership & Insurance Risk
2.1 Risk in the Equipment and/or Products will pass to you immediately when the Equipment leaves our physical possession or control.
2.2 Risk in the Equipment will not pass back to us from you until the Equipment is returned to our physical possession or control.
2.3 Ownership of the Equipment remains with us at all times. You have no right, title or interest in the Equipment except that it is hired to you and used by you strictly in accordance with these conditions.
2.4 Ownership of any Products remains with us until all monies payable by you (or any of your Associated Companies) under the Contract or any other contract between us (or any of our Associated Companies) and you (or any of your Associated Companies) have been paid in full and cleared funds.
2.5 You must not deal with the ownership or any interest in the Equipment. 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.
3. Delivery, Collection & Services
3.1 Where we provide Services relating to the hire of Equipment the persons performing the Services are your responsibility. You shall be solely responsible for any damage which occurs as a result of such persons following your instructions during the Hire Period, except to the extent that the persons performing the Services are negligent.
3.2 You will allow and/or procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents to allow them to carry out the Services. You will ensure that the site where the Services are to be performed is cleared and prepared before the Services are due to commence.
3.3 You shall provide a suitable access route for delivery and collection of the Equipment with unrestricted entry and approach, and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the Equipment to rest on.
3.4 You shall pay for any lifting or special apparatus required for the siting of the Equipment.
3.5 If any Services are delayed, postponed and/or cancelled due to your failure to comply with your obligations under the Contract, you will be liable to pay additional standard charges from time to time for such delay, postponement and/or cancellation except where the delay is due to Force Majeure.
3.6 If specifically agreed in advance between us, we will provide an out of hours emergency service to you in respect of breakdowns of Equipment. Where this has been agreed with you, you can call us outside of usual working hours in relation to any of the Equipment or Services for which you have signed a Contract during the Hire Period. Additional charges for this service will apply and shall be as set out in your Contract, or in the absence of such agreement, as listed on our website.
4. Care of Equipment
4.1 You shall:
4.1.1 not deface or remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them;
4.1.2 take reasonable care of the Equipment and keep them properly maintained and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided to or supplied to you and any applicable law or regulations (including any Institution of Electrical Engineers (IEE regulations);
4.1.3 notify us immediately and in any event within two business days after any breakdown, loss and/or damage to the Equipment or of any accident resulting in death, personal injury or damage to property;
4.1.4 take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
4.1.5 notify us of any change of your address and upon our request provide details of the location of the Equipment;
4.1.6 permit us at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated;
4.1.7 keep the Equipment at all times in your possession and control and not to remove the Equipment from the United Kingdom without our prior written consent;
4.1.8 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as part of any Services;
4.1.9 not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Equipment;
4.1.10 not continue to use Equipment where it has been damaged;
4.1.11 where the Equipment requires fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified and competent person.
4.2 You must return the Equipment in good working order and condition (fair wear and tear excepted) in a clean condition together with all licences, registration and other documents relating to the Equipment.
4.3 It is your responsibility to check the calibration of the Equipment on each occasion before use. Final determination of the suitability of the Equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.
5. Breakdown
5.1 Allowances will be made in relation to the Charges for any non-use of the Equipment due to breakdown caused by the development of an inherent fault and/or fair wear and tear, provided that you inform us as soon as practicable of the breakdown.
5.2 You shall be responsible for all expenses, loss (including loss of Charges) and/or damage suffered by us arising from any breakdown of the Equipment due to your negligence, misdirection and/or misuse of the Equipment.
5.3 We will, at our own cost, carry out all routine maintenance and repairs to the Equipment during the Hire Period (but you agree that you are responsible for applying all lubricating oils and other maintenance detailed in the operating instructions) and all repairs which are required due to fair wear and tear and/or an inherent fault in the Equipment.
5.4 You will be responsible for the cost of all repairs necessary to Equipment during the Hire Period which arise otherwise than under Section 5.3 of this Part 2.
5.5 It is your responsibility to return Equipment to us or arrange for us to collect Equipment for re-testing 3 months after the date on which the Hire Period commenced.
5.6 You must not repair or attempt to repair the Equipment without our prior written consent.
6. Loss or Damage to the Hired Goods
6.1 If the Equipment is returned damaged, unclean and/or defective state (except where there is fair wear and tear and/or an inherent fault in the Equipment) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire.
6.2 You will pay to us the replacement cost of any Equipment (on a new-for-old basis) which is lost, stolen and/or damaged beyond economic repair during the Hire Period.
6.3 You will pay to us our costs which we may incur in tracking or recovering any lost or stolen Equipment.
6.4 You shall pay the Charges for the Equipment up to and including the date you notify us that the Equipment has been lost, stolen and/or damaged beyond economic repair. From that date until we have replaced such Equipment (or retrieved any lost or stolen Equipment), you shall pay, as a genuine pre-estimate of lost Charges profit, a sum of liquidated damages being equal to two-thirds of the Charges that would have applied for such Equipment for that period. We shall use our reasonable commercial endeavours to purchase replacements for such Equipment as quickly as possible using the monies paid under Section 6.2.
6.5 You agree that where you are in breach of Sections 4.1.5 or 4.1.7 of this Part 2 agreement, we shall be entitled to treat the Equipment as lost and the provisions of this Section 6 shall apply.
7. Liability
7.1 Any defective Equipment and/or Products must be returned to us at your expense for inspection before we have any Liability for defective Equipment and/or Products. Our Liability for defective Products is limited to the cost of refund, repair, or replacement of the same (at our discretion), provided that we shall have no liability for defective Products if:
7.1.1 you make any further use of such Product after giving a notice in accordance with Section 3.2 of this Part 3;
7.1.2 the defect arises because you failed to follow the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice (being generally accepted practice within your relevant industry with respect to the storage, installation, commissioning, use or maintenance of items that are the same as or similar to the Product); or
7.2 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
7.3 We shall have no Liability to you if any Charges or monies due in respect of the Equipment, the Services and/or the Products have not been paid in full and cleared funds by the due date for payment.
7.4 We shall have no Liability resulting from or contributed to by your continued use of defective Equipment and/or Products after a defect has become apparent or suspected or should reasonably have become apparent to you.
8. Termination By Notice
8.1 If the Hire Period has a fixed duration, subject to the provisions of Section 4 neither party shall be entitled to terminate the Contract before the expiry of that fixed period unless by written agreement of the parties.
8.2 If the Hire Period does not have a fixed duration either party may terminate the Contract upon giving to the other party any agreed period of notice or where no period of notice is agreed, reasonable notice.
8.3 Upon termination of the Contract you shall immediately at your expense, return the Equipment to us or make the Equipment available for us to collect.
8.4 If any of the events set out in Section 4.1 of this Part 2 occurs in relation to you then we may enter, without prior notice, any of your premises (or premises of third parties with their consent) where the Equipment and/or Products may be and repossess any Equipment and/or Products.
8.5 Any repossession of the Equipment and/or Products shall not affect our right to recover from you (or any of your Associated Companies) any monies due under the Contract or any other contract between you (or any of your Associated Companies) and us (or any of our Associated Companies) and/or any damages in respect of any breach which occurred prior to repossession of the Equipment and/or Products.
9. General
9.1 The hiring of each piece of Equipment in the relevant Hire Period shall form a distinct Contract which shall be separate to any other Contract relating to other Equipment.
9.2 Upon termination of the Contract the following provisions of this Part of the Contract shall continue in full force and effect: Sections 1, 6, 7 and 9.