Hire Terms and Conditions
These Hire Terms and Conditions ("Hire Terms") govern the rental of equipment and the supply of related services (delivery, collection, waste, concrete supply, and similar) booked through the MerchantLink platform. They sit alongside our Terms of Service and Privacy Policy.
The contract for any hire is formed directly between you and the Merchant supplying the equipment. MerchantLink operates the Platform that enables the booking, processes payment on the Merchant's behalf, and supports dispute resolution.
1. Eligibility
1.1. To book a hire you must:
(a) be aged 18 or over;
(b) have a valid UK delivery address;
(c) hold any licence, certification, or competence required to operate the equipment safely; and
(d) accept these Hire Terms and any equipment-specific terms shown to you at the point of booking.
1.2. You are responsible for ensuring that any person who operates the equipment on your behalf also meets these requirements.
2. How a hire booking is formed
2.1. Quote request. You submit a quote request through the Platform, specifying the equipment category, dates, delivery address, and any other details required.
2.2. Bids. Merchants may submit bids in response to your quote request. Each bid sets out the equipment, the day rate, delivery and collection charges, any deposit, the damage waiver charge, and any other applicable terms.
2.3. Acceptance. You choose whether to accept a bid. Acceptance forms a contract between you and the Merchant whose bid you have accepted.
2.4. Payment. When you accept, you make the upfront payment described in section 6.
2.5. Confirmation. The Merchant confirms the booking through the Platform. From this point the equipment is reserved for the dates booked.
3. The hire period
3.1. The hire starts on the date and at the location agreed with the Merchant.
3.2. The Merchant or their delivery agent will deliver the equipment within the delivery window shown on the booking.
3.3. The hire ends when the Merchant collects the equipment, or when you return it to the Merchant in accordance with their instructions.
3.4. You may extend the hire period only with the Merchant's agreement. Additional day rates and any additional delivery or collection charges will apply.
4. Your obligations during the hire
4.1. You agree to:
(a) use the equipment only for its intended purpose and in accordance with the manufacturer's instructions and any guidance provided by the Merchant;
(b) keep the equipment safe, secure, and free from interference by unauthorised persons;
(c) not modify, repair, or attempt to repair the equipment without the Merchant's written consent;
(d) not move the equipment outside the delivery location agreed with the Merchant unless the Merchant has agreed in writing;
(e) report any loss, damage, or malfunction to the Merchant as soon as reasonably practicable; and
(f) cooperate with reasonable requests from the Merchant regarding inspection, maintenance, or collection.
4.2. The equipment remains the property of the Merchant at all times during the hire.
5. Pricing
5.1. The total cost of a hire booking is made up of:
(a) the day rate multiplied by the number of hire days;
(b) the delivery charge;
(c) the collection charge;
(d) the deposit (refundable, subject to section 8);
(e) the damage waiver charge (non-refundable, see section 9);
(f) any service-specific charges (for example, volumetric pricing for concrete or skip charges for waste); and
(g) VAT where applicable.
5.2. Prices and charges are set by the Merchant and shown to you before you accept the bid. Any optional extras (for example, fuel, additional accessories) are also shown before you confirm.
6. Upfront payment
6.1. When you accept a bid, you make an upfront payment that covers:
(a) the deposit;
(b) the delivery and collection charges; and
(c) the damage waiver charge.
6.2. The remaining hire charges (day rates and any service-specific charges) are settled after the hire ends, in accordance with section 7.
6.3. Payment is processed securely by Stripe. MerchantLink does not store your full card details.
7. After the hire: final balance and the backstop authorisation
7.1. After the hire ends, the Merchant closes the booking and confirms the final charges (day rates, any damage assessment, deposit refunds, and any other items).
7.2. You will receive a Final Invoice through the Platform showing the breakdown.
7.3. Pay-link window. You have 48 hours from the time the Merchant closes the booking to settle any outstanding balance through the pay-link in the app. We will send you a reminder email when the link is issued.
7.4. Dispute window. You also have 48 hours from the time the Merchant closes the booking to raise a dispute about any damage charges or other items on the Final Invoice. See section 11 below and the Dispute Resolution Policy. Raising a dispute pauses the backstop authorisation in section 7.5 until the dispute is resolved.
7.5. Backstop authorisation (FCA disclosure). When you make the upfront payment, you authorise us, or Stripe acting on our behalf, to store your payment method and to charge it automatically for any outstanding balance if you do not pay through the pay-link within 48 hours of the Merchant closing the booking. We will:
(a) send you a 24-hour reminder before any automatic charge;
(b) not take the charge if you have raised a dispute (in which case the charge is paused pending resolution); and
(c) not take more than the final outstanding balance shown on the Final Invoice.
This authorisation is part of the contract you enter when you accept a bid and make the upfront payment. You can withdraw the authorisation at any time before any final charge by paying through the pay-link or by contacting us, but you remain liable for the final balance under your contract with the Merchant.
Nothing in this clause affects your statutory rights, your right to take a dispute to your bank or card issuer (commonly called a chargeback), or your right to refer the matter to a relevant ombudsman or alternative dispute resolution service.
8. Deposits
8.1. The deposit is a refundable amount taken at the upfront payment to protect the Merchant against damage, loss, or non-return of the equipment.
8.2. After the hire ends and the Merchant has assessed the returned equipment, the deposit is refunded in full, in part, or withheld, depending on whether there are any damage or non-return charges.
8.3. The deposit refund (if any) is shown on the Final Invoice and processed back to the original payment method, typically within five to ten business days.
9. Damage waiver
9.1. The damage waiver is a non-refundable charge that limits your liability for accidental damage to the equipment during the hire to the amount of the deposit.
9.2. The damage waiver does not cover:
(a) loss or theft of the equipment;
(b) damage caused deliberately or through reckless or grossly negligent use;
(c) damage resulting from use of the equipment outside the agreed location or beyond the manufacturer's recommended limits;
(d) damage resulting from use by an unauthorised or unlicensed operator; or
(e) consequential losses (for example, lost income, hire of replacement equipment).
9.3. Where the damage waiver does not apply, you are liable for the full cost of repair, replacement, or loss, as assessed by the Merchant.
10. Cancellation and no-show
10.1. Cancellation by you before delivery. If you cancel a confirmed booking more than 24 hours before the scheduled delivery time, the Merchant must refund your upfront payment in full, less an administration fee where shown on your booking. If you cancel less than 24 hours before, the delivery and collection charges may be retained.
10.2. Cancellation by you after delivery. If you cancel after delivery, day rates apply for any days you have had the equipment. Any unused portion of the booking, plus the deposit, is refunded subject to assessment.
10.3. No-show. If you are not available to take delivery and the Merchant cannot leave the equipment safely, delivery and collection charges may be retained and a re-delivery fee may apply.
10.4. Cancellation by the Merchant. If the Merchant cancels a confirmed booking (for example because the equipment is no longer available), you receive a full refund of all amounts paid. We will help you find an alternative bid where possible.
11. Damage, loss, and disputes
11.1. After the hire ends, the Merchant inspects the equipment and records any damage with photographs through the Platform.
11.2. Damage charges and the corresponding evidence are shown on the Final Invoice.
11.3. If you disagree with any damage charge or other item on the Final Invoice, raise a dispute through the Platform within 48 hours of the Merchant closing the booking. The Dispute Resolution Policy explains the full process.
11.4. While a dispute is open, the backstop authorisation in section 7.5 is paused and no automatic charge is taken.
12. Insurance
12.1. The damage waiver is not insurance and is not regulated by the Financial Conduct Authority.
12.2. We recommend that you check whether your own household, business, or public liability insurance covers your use of hired equipment, particularly for theft and for third-party injury or property damage.
13. Your liability
13.1. You are responsible for the equipment from the moment of delivery until the moment of collection or return.
13.2. Subject to the damage waiver, you are liable for:
(a) the cost of repairing accidental damage that exceeds the deposit;
(b) the full cost of replacement if the equipment is lost, stolen, or returned in a state that cannot be repaired;
(c) the full cost of damage caused by use outside these Hire Terms or the manufacturer's recommendations; and
(d) any third-party loss, injury, or damage caused by your use of the equipment.
13.3. Nothing in these Hire Terms limits or excludes your liability for fraud or any other liability that cannot be limited or excluded by law.
14. The Merchant's liability and your statutory rights
14.1. The Merchant must provide the equipment with reasonable care and skill under the Consumer Rights Act 2015.
14.2. Equipment must be of satisfactory quality, fit for its purpose, and as described.
14.3. If the equipment fails to meet these standards, you may be entitled to a price reduction, a partial refund, or a full refund. Contact the Merchant in the first instance; if they do not respond or you cannot reach a resolution, raise a dispute through the Help section.
14.4. Nothing in these Hire Terms limits or excludes the Merchant's liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded by law.
15. MerchantLink's role
15.1. MerchantLink operates the Platform that enables the hire and processes payment as the Merchant's commercial agent.
15.2. MerchantLink is not a party to the hire contract between you and the Merchant and is not liable for the Merchant's performance, save where we have caused or contributed to a loss through our own breach of these Hire Terms or the Terms of Service.
15.3. MerchantLink will support dispute resolution under the Dispute Resolution Policy.
16. Changes to these Hire Terms
16.1. We may update these Hire Terms from time to time. Where the change is significant, we will give you at least 30 days' notice. The change does not affect bookings already confirmed before the change takes effect.
17. Governing law and jurisdiction
17.1. These Hire Terms are governed by the laws of England and Wales.
17.2. Any dispute arising under or in connection with these Hire Terms is subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts.
18. How to contact us
For questions about hire, contact the Merchant through the booking detail screen in the first instance. For questions about MerchantLink, contact us at app@merchantlink.co.uk or through the Help section of your account.