Supplier terms
The terms for hire firms listing and hiring out equipment through Hire Counter.
Draft for legal review. This document hasn’t been reviewed by a solicitor yet and will change before launch. Items in square brackets are still to be confirmed.
1. About these terms
These terms are an agreement between your business (“you”) and [Company legal name] Ltd (company number [company number]), registered office [registered office address] (“we”, “us”), for listing and hiring out equipment through Hire Counter. They apply to businesses only.
2. Joining Hire Counter
To list on Hire Counter you must:
- be a business registered in the UK and entitled to hire out the equipment you list;
- hold public liability insurance of at least [£5 million] and insurance for the equipment itself, and show us evidence when asked;
- set up and keep a Stripe connected account for payouts, and pass Stripe’s identity and business checks.
We verify every hire firm before its listings go live, and we may decline an application.
3. Your listings
- Keep every listing accurate: make, model, specifications, photos, rates, deposit, delivery options and prices, and availability.
- Only list equipment that is safe, well maintained and legally compliant — including PUWER maintenance, LOLER thorough examinations for lifting equipment, and UKCA or CE marking where required.
- Supply the operating instructions and any documents the law requires with every hire.
4. Requests and bookings
Hirers send requests; you choose whether to accept each one. Declining costs you nothing. A request you don’t answer within [the response window] expires.
When you accept, the hire contract is formed between you and the hirer, on your hire conditions as shown on the listing. Your conditions must not conflict with these terms or add charges the hirer wasn’t shown before booking.
You must fulfil every booking you accept. If you can’t, tell the hirer and us immediately. [To set: supplier cancellation charges and compensation for the hirer.] Repeated cancellations may lead to your listings being paused.
5. Prices and commission
You set your own day and week rates, deposits and delivery prices. The hirer sees one all-in price — your hire and delivery charges, the damage waiver and VAT — and pays it through Hire Counter.
We collect payment from the hirer on your behalf as your limited payment-collection agent. Once the hirer has paid us, their payment obligation to you for that booking is met. [Legal review: confirm the commercial agent model.]
Our commission is a percentage of the hire value, agreed when you join and shown next to your payout on every request before you accept. The rate that applies to a booking is recorded on that booking. [To confirm: whether commission applies to delivery charges, and how the damage waiver charge is split.]
6. Payouts
The hirer’s card is charged when you accept a request. Once the hire is fulfilled, we pay you the hire value less our commission [and your delivery charges] through Stripe Connect, to the bank account on your connected account.
If a hirer is refunded or a payment is reversed for a reason that is your responsibility, we may deduct the amount from your future payouts.
7. VAT and invoicing
You are responsible for accounting for VAT on your hire charges. [To decide: who issues the hirer’s VAT invoice, and whether we issue self-billed invoices for your payouts — then describe it here.]
8. Deposits, damage waiver and claims
Every booking carries the deposit shown on your listing, held on the hirer’s card as an authorisation and kept separate from your payout. Every hire also carries a damage waiver, which limits the hirer’s liability for accidental damage.
To claim for damage, loss or other charges, raise the claim through Hire Counter within [48 hours] of the equipment being returned, with the check-out and return photos and evidence of the cost. We’ll review the evidence with both sides and decide how much of the deposit hold is taken.
9. Check-out and return photos
Complete the photo check-out when the equipment leaves you or is delivered, and the photo check-in when it comes back, using Hire Counter. The photos are the record of condition for both sides. Without them, we may not be able to support a damage claim.
10. Safety and insurance
You remain responsible for the equipment’s safety, maintenance, inspection and insurance, and for your staff and vehicles when delivering and collecting. Breakdowns that aren’t caused by the hirer’s misuse are yours to repair or replace promptly.
11. Bookings through Hire Counter
For [12 months] after a hirer first books with you through Hire Counter, you agree not to take bookings from that hirer outside Hire Counter to avoid our commission. [Legal review: confirm scope and enforceability.]
12. Hirers’ personal information
You and we are each independent controllers of hirers’ personal information. Use the details we share with you only to fulfil and administer the booking, keep them secure, and comply with UK data protection law.
13. Responsibility and liability
You are responsible for claims arising from your equipment, its condition, its delivery and collection, and your hire conditions, and you will reimburse us for losses we suffer because of them.
Neither of us limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can’t be limited by law. Otherwise, we are not liable for loss of profit, revenue or business, or for indirect loss, and our total liability to you in any 12 months is limited to [the commission we earned from you in that period].
14. Ending this agreement
Either of us can end this agreement with 30 days’ written notice. We may pause your listings or end the agreement immediately if you seriously break these terms, if equipment is unsafe, or if we suspect fraud. Bookings already accepted must still be fulfilled unless we agree otherwise.
15. Changes to these terms
We’ll give you at least 30 days’ notice of any change that materially affects you. A booking is governed by the terms in force when you accepted it.
16. Law and disputes
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.