Terms and Conditions - Clements Plant & Access Hire

Trademarks
Clements Plant and Tool Hire Ltd and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Clements Plant and Tool Hire Ltd. All other trademarks, product names and company names or logos cited herein are the property of their respective owners (“Third Party Trade Marks”). You are not permitted to use the Clements Plant and Tool Hire Ltd Trademarks or Third Party Trademarks without the prior written consent of Clements Plant and Tool Hire Ltd or such third parties that may own the Trademarks.

For further information on Intellectual Property matters contact our Legal Department:

Amending the Terms and Conditions of Use
Clements Plant and Tool Hire Ltd may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Clements Plant and Tool Hire Ltd may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Children Under 18
If you are under 18, you must ask your parents or a guardian before you:
– E-mail the website, or ask Clements Plant and Tool Hire Ltd to e-mail anything to you;
– Send in any information to Clements Plant and Tool Hire Ltd
– Buy anything online

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

In return for allowing you to use the Clements Plant and Tool Hire Ltd web site and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation Clements Plant and Tool Hire Ltd has is immediately null and void.

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which Clements Plant and Tool Hire Ltd uses such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Clements Plant and Tool Hire Ltd anywhere in the world, in any medium, in perpetuity. Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.

Privacy
We treat your privacy very seriously. Clements Plant and Tool Hire Ltd Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled.

Use of the Site
You agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Purchasing Goods
The How to Buy section addresses any questions you might have about ordering your product and payment options. For information about delivery of your products, your right to cancel orders or returns please click on the Help section at the top of each page.

Links
Clements Plant and Tool Hire Ltd may choose to provide links to sites owned by Clements Plant and Tool Hire Ltd and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected withClements Plant and Tool Hire Ltd. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Clements Plant and Tool Hire Ltd has no responsibility or liability for these third-party sites.

Availability
Clements Plant and Tool Hire Ltd will use all reasonable endeavors to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Clements Plant and Tool Hire Ltd and if Clements Plant and Tool Hire Ltd is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a ‘force majeure’ and Clements Plant and Tool Hire Ltd shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting the performance by Clements Plant and Tool Hire Ltd of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Clements Plant and Tool Hire Ltd and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

Clements Plant and Tool Hire Ltd reserves its right to restrict, suspend or terminate your use of this web site or any of our services at any time if we believe, in our absolute discretion, that you have breached these terms and conditions.

You agree to indemnify, defend and hold Clements Plant and Tool Hire Ltd and, all of its associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Clements Plant and Tool Hire Ltd in Clements Plant and Tool Hire Ltd defence of any claim. Clements Plant and Tool Hire Ltd reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Clements Plant and Tool Hire Ltd.

Alterations
We may amend this web site and our services any time with or without notice to you.

Complaints and Comments
If you have any complaints or comments about our web site or any of the products supplied to you, please contact Clements Plant and Tool Hire Ltd through the Contact Us section on the website. Alternatively, you can call us Monday-Friday between 9am and 5.00pm local UK time.

Miscellaneous
The Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between Clements Plant and Tool Hire Ltd and you. No advice or information, whether oral or written, obtained by you through or from the web site or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions of website usage together with our Help Section and Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of Clements Plant and Tool Hire Ltd.

Email Service
In situations where Clements Plant and Tool Hire Ltd may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use.

Limitation of Liability
To the fullest extent permitted by applicable laws, Clements Plant and Tool Hire Ltd nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Clements Plant and Tool Hire Ltd have been advised of the possibility of such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Clements Plant and Tool Hire Ltd total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Disclaimer
This website and its contents are provided without any representations or warranties of any kind, either express or implied. Clements Plant and Tool Hire Ltd disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, Clements Plant and Tool Hire Ltd does not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.

Governing Law
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.

Disclaimer
Clements Plant and Tool Hire Ltd has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Clements Plant and Tool Hire Ltd makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Clements Plant and Tool Hire Ltd reserves the right to change price and availability information without notice.

Clements Plant and Tool Hire Ltd shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site.

Clements Plant and Tool Hire Ltd reserves the right to decline orders for bulk or high value purchases.

No exclusions of Clements Plant and Tool Hire Ltd liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Clements Plant and Tool Hire Ltd any of its directors, employees or agents or fraudulent misstatement.

Indemnity
You agree to indemnify and hold Clements Plant and Tool Hire Ltd its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

HTML Links
Some hypertext (HTML) links on this web site lead to web sites, which are not under the control of Clements Plant and Tool Hire Ltd accordingly; Clements Plant and Tool Hire Ltd makes no representation or warranty concerning the content of these web sites and accepts no responsibility or liability in respect of the material on any web site, which is not under Clements Plant and Tool Hire Ltd control. Clements Plant and Tool Hire Ltd is providing these hypertext links to you only as a convenience, and the inclusion of any such hypertext link does not imply an endorsement by Clements Plant and Tool Hire Ltd of the linked site or imply any relationship between Clements Plant and Tool Hire Ltd and the hyper-linked organisation or individual.

Governing law and jurisdiction
This web site is controlled and operated by Clements Plant and Tool Hire Ltd from its offices in England. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.

All terms and conditions contained on this web site shall be governed by and construed in accordance with English law. By using this web site, you hereby submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising under or in connection with these Terms or your use of this web site.