Tool Hire Damage (Genie Lifts)

[WoOt]

Rented 2 * SLA10 Genie lifts to lift a 575kg beam in to place (2.3m high). They have a capacity of 454kg each, so I figured they'd easily handle this.

They were collected last week Friday (29/10), I received a refund of my deposit on Monday (01/11), and yesterday (04/11, nearly a week later), I receive a call to say both have been damaged due to incorrect usage, and I owe them 500GBP for repairs.

I have no idea how they could've been damaged, as I watched them being used and the installation of the beam was textbook stuff. We lifted a lighter beam too, of which I took a video, but sadly I didn't take a video of the larger beam, which may have helped my case.

Is there anything I can do here? I am convinced they're just trying their luck, but it feels like they have me over a barrel here and I have no recourse.

The hire contract says that the customer is liable for damaged goods, but they wouldn't let me sign the handover certificate when they arrived, instead the builder who was going to use the genies had to. This shows the builder has signed to be "solely responsible for the correct use of the equipment".

What would you do?

 

[kingandy2nd]

I just ask them to clarify what damage, and how do they know it was caused by you.

There’s been a number of days where the item is in their possession, and given you received a refund of your deposit - which you would fairly assume has happened after the post hire inspection following your hire has confirmed no damage.

 

[^woody^]

If you've had the deposit back then there is little they can do or try to do. They have missed their opportunity to claim hirer damage

So how has the damage been caused by "incorrect use" and not by correct use, failure to service properly or one of several other possible reasons? The burden of proof is far too onerous for a hire company to pursue, so they will just claim on the insurance.

 

[garyo]

Maybe the next fella hired it, broke it, then returned it to the hire shop and claimed "this is knackered I want my money back" so they try to pin it on you?

 

[mattylad]

It could be that the damage (not visible) was something that you remember "oh yeah, it did that to us too"...

 

[Hugh Jaleak]

I'd have said they would (should) have been checked over and made ready for the next hire, prior to the Deposit being returned.The fact they've refunded your deposit suggests to me they are trying their luck.

I would tell them to jog on, refund of deposit was taken as acceptance Kit was returned in good condition.

 

[conny]

I used to work for a welding hire company. When sets/rigs were hired out they had already been checked over and were further checked and fuelled up on day of hire.
On return they were put into quarantine for a maximum of 2 days to enable a thorough check over and, if everything was ok, (allowing for some minimal 'wear & tear'), the hirer got his deposit back. If we subsequently found something wrong that should have been picked up on the return inspection there was nothing we could do about it. Giving the hirer his deposit back was acceptance on our side that the item was returned in satisfactory condition.
Check the small print of their terms and conditions. Look for anything which says, or implies, they retain the right to charge for damages AFTER the deposit has been returned.
If there is then this should have been pointed out AT THE TIME OF HIRE and if it wasn't then it can't be enforced. I doubt any court would give them a verdict in their favour if they have returned your deposit.

PS If you can't find their T&C's ask them for a copy and after you have received a copy ask why you weren't given a copy on the day of hire.