Terms & Conditions
Please read these Terms and Conditions carefully. They govern the use of the We Are Heavy digital marketplace by Buyers (Hirers) and Vendors (Suppliers) within the United Kingdom.
Crucial Notice of Intermediary Platform Status & Limitation of Liability
We Are Heavy Ltd acts strictly as an introductory digital technology platform and intermediary. We Are Heavy is not an equipment hire company, machine owner, skip operator, bailee, insurer, or employer. Any hire, purchase, delivery, or servicing contract is formed directly and exclusively between the Buyer and the Vendor. To the fullest extent permissible under the laws of England and Wales, We Are Heavy disclaims all liability for any dispute, claim, loss, defect, damage, or delay arising between Buyer and Vendor.
1. Introduction & Definitions
These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User", "Buyer", or "Vendor") and We Are Heavy Ltd ("We Are Heavy", "Platform", "we", "us"), registered in England and Wales.
- "Buyer" / "Hirer": Any individual, contractor, or commercial entity booking equipment, plant machinery, or skips via the Platform.
- "Vendor" / "Supplier": Any independent plant hire firm, skip hire provider, or machinery owner listing equipment on the Platform.
- "Hire Contract": The separate, direct contract of hire or sale created between the Buyer and the Vendor upon payment confirmation.
- "Equipment": Any machinery, plant, excavator, loader, dumper, tool, or waste skip listed on the Platform.
2. Marketplace Intermediary Status
In accordance with the Electronic Commerce (EC Directive) Regulations 2002 and applicable UK commercial legislation:
- We Are Heavy provides a marketplace venue facilitating the introduction of Hirers and Suppliers. We do not inspect, possess, transport, service, or warrant any listed Equipment.
- We Are Heavy is not a party to the Hire Contract. We do not act as an agent, broker, partner, or joint venturer for either the Buyer or the Vendor.
- The Vendor is solely responsible for equipment roadworthiness, statutory inspections (e.g. LOLER 1998, PUWER 1998), delivery execution, operator competence, and compliance with the Environmental Protection Act 1990 (for skip waste licensing).
3. Absolute Exclusion of Liability for Inter-Party Disputes
To the maximum extent permitted by English law (including the Unfair Contract Terms Act 1977):
We Are Heavy Ltd cannot, under any circumstances, be held liable or responsible for:
- Equipment Mechanical Breakdown or Defects: Any fault, failure, downtime, or lack of fitness for purpose of hired machinery or skips.
- Delivery & Logistics Delays: Failure of the Vendor to dispatch, deliver, or collect Equipment on time due to transit delays, traffic, or carrier failures.
- Property & Ground Damage: Any physical injury, surface damage, overhead cable strikes, ground subsidence, or underground utility damage caused by machines, delivery trucks, or skips on site.
- Environmental or Waste Infringements: Unlawful waste deposits, fly-tipping, hazardous materials, or breach of waste carrier licenses.
- Breach of Hire Terms: Failure of either the Buyer or Vendor to satisfy agreed rental durations, off-hire handovers, or fuel policies.
Nothing in this Agreement excludes or limits liability for death or personal injury resulting directly from our proven negligence, fraud, or any liability which cannot be lawfully excluded under the laws of England and Wales.
4. Dispute Resolution Between Buyer and Vendor
Should any dispute, disagreement, or claim arise between a Buyer and a Vendor:
- Direct Resolution: The Buyer and Vendor must communicate directly in good faith using the unmasked dispatch contacts provided post-confirmation to resolve differences.
- Platform Administrative Facility: The Platform provides an optional dispute tool allowing parties to log issues and temporarily freeze payout disbursements. The Platform Administrator acts solely as an independent administrative facilitator and does not provide binding arbitration, legal determination, or insurance indemnity.
- No Release of Funds Dispute: If a mutual agreement cannot be reached, the parties must seek resolution through independent legal proceedings in the courts of England and Wales.
5. Mutual Indemnification
You agree to defend, indemnify, and hold harmless We Are Heavy Ltd, its directors, officers, employees, and affiliates from and against any claims, liabilities, losses, damages, penalties, and legal expenses (including reasonable legal costs) arising out of or in connection with: (a) your use of the Platform; (b) your breach of these Terms; (c) any dispute between you and any other User; or (d) any physical damage, loss of life, or environmental contamination caused by your operation, handling, or transport of Equipment.
6. Fees, Payments & Platform Commission
- Registration & Verification Fee: A non-refundable one-off lifetime KYC fee of £49.99 is charged to each registered account.
- Platform Commission: A 3% marketplace facilitating commission is calculated on equipment transactions and retained by We Are Heavy for technological services.
- Stripe Processing: All transactions are processed securely via Stripe. Users must comply with Stripe Service Agreements.
7. Governing Law & Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.