Terms & Conditions

Terms of Use

The Website is operated by Oscar Plant Hire & Sales Ltd with its principal office at High Ridge, Hurst Hill, Hothfield, Ashford, Kent, TN26 1ER ("Oscar Plant Hire & Sales Ltd"). Your use of the Oscar Plant Hire & Sales Ltd website ("Website") is governed by these Terms of Use ("Terms"). By accessing and/ or using the Website, you accept these Terms.

Copyright Licence/ Restrictions

All Website content is protected by copyright of Oscar Plant Hire & Sales Ltd or other applicable owner.
Subject to this clause 1 and the other obligations upon you contained in these Terms, Oscar Plant Hire & Sales Ltd grants and you accept a non-exclusive, non-transferable licence to access and use the Website for the purpose of your own personal use and/ or your own internal business.
You agree to fully indemnify and to hold Oscar Plant Hire & Sales Ltd indemnified from and against any claim brought by a third party resulting from your use of the Website and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by Oscar Plant Hire & Sales Ltd in consequence of any breach or non-observance of these Terms.

Restrictions Upon Copying

You may copy Website content to a local hard disk and print extracts of Website content for your own personal use and/ or your own internal business purposes (as appropriate).
The supply of any copy of Website content to a third party is not permitted and you agree that you will not supply any Website content to any third party.
Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. Any request to copy Website content outside the scope of the licence granted in these Terms should be emailed to steve@oscarplant.com Oscar Plant Hire & Sales Ltd reserves its right to refuse to grant any such request.

Information Service Provision

Oscar Plant Hire & Sales Ltd reserves the right at its discretion to refuse at any time without notice to:
(a) Accept any registration; or
(b) Provide access to the Website.
The Website is intended normally to be available 24 hours a day and 7 days a week. Oscar Plant Hire & Sales Ltd will not be liable for any failure to achieve this level of availability.
The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for reasons beyond the control of Oscar Plant Hire & Sales Ltd.

4. Obligations and Restrictions

You will operate, at your own expense, a terminal or personal computer system, modem, telephone access and communication software and any other facilities required for accessing the Website. Oscar Plant Hire & Sales Ltd will not be liable for any loss or damage howsoever arising resulting from any acts or omissions of you or of any service provider or other person through whom you may access the Website.
Oscar Plant Hire & Sales Ltd will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.
You will keep confidential any passwords or usernames allocated to you and agree not to disclose your passwords or usernames to any third party.
Your information and your activities on the Website must not:
a) be false, inaccurate or misleading;
b) be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d) be fraudulent;
e) be in breach of any applicable laws or regulations, licences or third party rights;
f) be obscene, indecent or contain child pornography;
g) create liability for Oscar Plant Hire & Sales Ltd or cause Oscar Plant Hire & Sales Ltd to lose (in whole or in part) the services of any internet service provider or other suppliers;
h) interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
i) cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

Updating Website Information

The Website information (including without limitation database information, these Terms and the Oscar Plant Hire & Sales Ltd Terms of Supply and Data Protection Statement) may be updated at any time and you are strongly advised to read the current information each time you access the Website.

Disclaimer

Website information is provided for general information purposes only and does not constitute bespoke advice that is suitable for any individual or organisation. Although the information is considered to be accurate at the time of publication, and is reviewed periodically, you are responsible for checking the accuracy of information and/ or seeking appropriate advice upon the information before taking or refraining from any action based upon it.
Oscar Plant Hire & Sales Ltd makes no warranties, representations or undertakings about any Website content (including, without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose) or any content of any other Website linked to it.
Oscar Plant Hire & Sales Ltd accepts no liability for any loss which may arise from reliance on information contained in this Website or any other use of this Website including, without limitation, any liability arising in contract, tort, negligence, misrepresentation or under statute.

Linking

No links to this Website may be used without Oscar Plant Hire & Sales Ltd’ written permission. If you wish to provide a link to the Website please email your request to steve@oscarplant.com with full details.
Oscar Plant Hire & Sales Ltd reserves all rights in respect of links including without limitation the right to determine the size and positioning of the link and that any link is to the Website homepage.
Links from the Website are provided for your convenience only and do not represent Oscar Plant Hire & Sales Ltd’ endorsement of or affiliation with the linked Website. You access any such links entirely at your risk.

Limitation of Offer

Oscar Plant Hire & Sales Ltd makes no offer to supply any goods and/ or services through the Website.
Any request for goods or services made by you is subject to express acceptance by Oscar Plant Hire & Sales Ltd in accordance with its Terms of Supply.

Email

As email is insecure Oscar Plant Hire & Sales Ltd does not warrant, guarantee or undertake that any message sent to or from you will be secure or will not be intercepted and read.

Data Protection

Information provided to Oscar Plant Hire & Sales Ltd is used in accordance with applicable data protection legislation and Oscar Plant Hire & Sales Ltd' Data Protection Statement.

Entire Agreement

These Terms:
a) represent the whole agreement and understanding between Oscar Plant Hire & Sales Ltd and you in respect of the matters referred to herein; and
b) shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms.
The remedies available to you are exclusively those available under these Terms.
You acknowledge that by using the Website you have expressly agreed the provisions of this clause.

General

Oscar Plant Hire & Sales Ltd reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Website after variation.
If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.
The Website services are provided from England, irrespective of your location.
None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of this Website.

Enquiries

For general enquiries or if you experience problems with the Website or have any comments please email steve@oscarplant.com

Terms of Supply

Your use of the Oscar Plant Hire & Sales Ltd Website ("Website") is subject to these Terms of Supply ("Terms"). By submitting an order to Oscar Plant Hire & Sales Ltd you are deemed to accept these Terms. Please scroll through this screen, read the Terms and print a copy for future reference.

The Website is operated by Oscar Plant Hire & Sales Ltd whose principal place of business is at High Ridge, Hurst Hill, Hothfield, Ashford, Kent, TN26 1ER ("Oscar Plant Hire & Sales Ltd").

If you have any suggestions or comments please telephone us on 01233 840411 or write to us at our office address.

Orders

Oscar Plant Hire & Sales Ltd makes no offer to supply any goods and/ or services (“Goods”) through the Website. Any Goods or information displayed on this Website should not be regarded as an offer or advice or recommendation to buy such Goods.
All Goods are subject to availability. Any order for Goods made through the Website by you is subject to acceptance by Oscar Plant Hire & Sales Ltd.
As a buyer, you will be obliged to purchase Goods:
- if you order Goods through one of our fixed price formats; or
- if (before Oscar Plant Hire & Sales Ltd accepts your order) Oscar Plant Hire & Sales Ltd confirms a different price from the price shown on the Website (and/ or delivery charges), and Oscar Plant Hire & Sales Ltd gives you the option to resubmit your order at the different price or cancel your order and you subsequently resubmit your order.
- if you are the highest bidder at the end of an auction (meeting the applicable minimum bid price (“Minimum Bid Price”)) and your bid is accepted by Oscar Plant Hire & Sales Ltd, unless the transaction is prohibited by law or by these Terms.
Oscar Plant Hire & Sales Ltd may accept your order by (the earlier of) either:
supplying written acceptance of your order (acceptance is effective once you are able to access the written acceptance), or
delivering ordered Goods (acceptance is effective when Goods reach your delivery address).
If you attempt to buy Goods in respect of which a minimum age limits apply, the contract for the supply of such Goods to you will be deemed void if you are below the minimum age limit.

Prices and Payment

The prices of Goods shown on the Website are expressed in pounds sterling (£ GBP) exclusive of VAT (unless otherwise stated).
Prices shown on the Website are indicative only, subject to confirmation by Oscar Plant Hire & Sales Ltd and do not constitute an offer to sell Goods to you at that price. Whilst Oscar Plant Hire & Sales Ltd will use reasonable endeavours to ensure that prices on the Website are accurate and up to date, Oscar Plant Hire & Sales Ltd is not responsible for errors that may occur.
Oscar Plant Hire & Sales Ltd reserves the right to change the price of Goods shown on the Website at any time.
You must make payment for Goods in full upon placement of your order. Where you make payment before receipt of an invoice from Oscar Plant Hire & Sales Ltd, Oscar Plant Hire & Sales Ltd will transmit a VAT invoice to you as soon as reasonably practicable after payment.
Oscar Plant Hire & Sales Ltd reserves the right to charge interest on any late payment in accordance with the Late Payment of Commercial Debts Regulations 2002. Time of payment by you shall be of the essence of these Terms.
You are responsible for all applicable taxes, export duty and delivery charges.

Delivery

Subject to acceptance of your order, Oscar Plant Hire & Sales Ltd will deliver Goods to the delivery address notified at the time your order is placed or otherwise agreed in writing by Oscar Plant Hire & Sales Ltd.
You are liable for any delivery costs incurred by Oscar Plant Hire & Sales Ltd and any other applicable duties, taxes and charges.
You are responsible for ensuring that the delivery address is suitable for delivery of Goods (including without limitation that access points, doorways and passageways are large enough).
Oscar Plant Hire & Sales Ltd will use reasonable endeavours to deliver Goods to your premises by any estimated delivery date confirmed in writing. If no delivery date is confirmed in writing Oscar Plant Hire & Sales Ltd will use reasonable endeavours to deliver within a reasonable time after acceptance of your order.
You acknowledge that time for delivery is not guaranteed and that Oscar Plant Hire & Sales Ltd shall in no circumstances be liable to you for any losses, damages or charges incurred by you due to the late delivery of Goods.

Limitation

Oscar Plant Hire & Sales Ltd does not limit liability to you for death or personal injury caused by its negligence or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
The aggregate liability of Oscar Plant Hire & Sales Ltd in respect of breaches of these Terms or of any other duty to you or for negligence in connection with the subject matter of these Terms (whether arising before, during or after the date of acceptance of your order) shall be limited to the price paid by you for Goods provided that in no event shall Oscar Plant Hire & Sales Ltd be liable to you for any of the following however and whenever arising:
- Loss of profits, business, revenue, data, goodwill or anticipated savings; and/or
- Indirect or consequential loss or damage.
You agree that the limitations of liability contained in these Terms satisfy the requirement of reasonableness within the meaning of sub-section 2(2) and Section 11 of the Unfair Contract Terms Act 1977 in the context of the other provisions of these Terms.
You expressly agree that should any limitation or provision contained in these Terms be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if Oscar Plant Hire & Sales Ltd thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.

Force Majeure

Oscar Plant Hire & Sales Ltd will not be liable to you for damage, delay or any other matters of that nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock outs and industrial disputes, fire, explosion, earthquake, acts of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body provided always that Oscar Plant Hire & Sales Ltd will use all reasonable endeavours (without an obligation to incur cost) to minimise the period of disruption caused by the Force Majeure.

Data Protection

Oscar Plant Hire & Sales Ltd always processes personal data in accordance with applicable data protection law and its Data Protection Statement.

Technical Support

For technical support please contact as at steve@oscarplant.com or alternatively call our office 01233 840411. Office opening times are 9.00am to 5.00pm Monday to Fridays excluding all UK national holidays.

General

These Terms comprise the entire agreement between you and Oscar Plant Hire & Sales Ltd in respect of the sale and supply of Goods.
You may not transfer any of your rights and obligations under these Terms to a third party. Oscar Plant Hire & Sales Ltd has the right to assign or transfer any of its rights and obligations at any time without notice.
Oscar Plant Hire & Sales Ltd reserves the right to vary these Terms from time to time without notice. You will be deemed to have accepted the varied Terms if you continue to use the Website after variation.
None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party in these Terms.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.

Data Protection Statement

Oscar Plant Hire & Sales Ltd uses your personal information as defined in the Data Protection Act 1998 (“Information”) in accordance with all relevant data protection legislation including the Data Protection Act 1998.

By using the Oscar Plant Hire & Sales Ltd website ("Website") you accept the terms of this Data Protection Statement.

Information

Oscar Plant Hire & Sales Ltd will ask your consent whenever you intend to submit Information via the Website.
Oscar Plant Hire & Sales Ltd may collect and store Information whenever you use the Website by the use of Cookies which are alphanumeric identifiers that may in some cases be transferred to your computer's hard drive via your browser to enable our computers to recognise your browser when you use the Website. The use of cookies is an industry standard, and most major websites use them to provide functionality and personalisation for their customers.
Browsers can be adjusted to prevent acceptance of cookies or notify the user on receipt of cookies. If your computer is unable to accept cookies, the Website will operate but not so efficiently.
Cookies in themselves do not personally identify users, although they do identify a user's computer.
Our web-servers may automatically store the following Information about you: your ISP, your IP address, your web browser type and version, the number of colours your screen is displaying, your operating system, the URL you clicked to get to the Website[, insert details accordingly] and this Information is [stored only in aggregate/ used to make the Website operate more efficiently] (Please complete with relevant details)
You do not have to provide any Information in order to use the Website. Access to certain sections and features of the Website is dependant upon the provision of Information and without that Information Oscar Plant Hire & Sales Ltd may be unable to provide such access or features. You may be asked to provide the following Information in the course of using the Website:- name, address, email address, credit card details and contact telephone number.

Use of Information

Oscar Plant Hire & Sales Ltd will use Information as follows:
a) To supply goods and/ or services as requested by you including such transfer of Information to employees, agents and third parties as required for this purpose.
b) For administration purposes.
c) To market Oscar Plant Hire & Sales Ltd services to you.
Oscar Plant Hire & Sales Ltd may transfer its business assets (which include Information) on sale or merger of any part of its business.
Oscar Plant Hire & Sales Ltd may transfer its Information as required to obtain legal advice, comply with legal requirements, protect its rights and property, and the safety of its employees, clients, suppliers and others.

Data Protection Rights

The Data Protection Act 1998 gives you certain rights including a right to request a copy of your Information and to have inaccurate Information corrected.

Enquiries

If you have any comments, questions or requests please email steve@oscarplant.com For more information on data protection legislation and related matters please visit the Information Commissioner’s website at www.dataprotection.gov.uk