1 DEFINITIONS AND LAW
The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the “Contract”. The Hired item(s) are those stated in the relevant contract and are hereinafter referred to as the “Equipment”. The “Hirer” is the person, company, firm, corporation or public authority taking the Suppliers Equipment on Hire. The parties to the Contract are the Supplier of the Equipment and the Hirer named in the contract. The contract shall be governed by and construed in accordance with the laws of England & Wales.
2 BASIS OF CHARGING
The Hirer will pay the hire charge stated in the Contract. Hire charges will commence from the time stated in the contract, and will continue during the period of hire until the equipment is restored to the Supplier in a clean and serviceable condition against the suppliers receipt. All time is chargeable, including Saturday, Sunday and Bank Holidays etc. All charges are payable on demand. Charges beyond the original hiring shall continue at a daily rate (parts of a day being payable as a full day) at twice the daily rate shown. Any additional expense incurred by the Supplier in the recovery of the Equipment or any fees or expenses payable by the Hirer under this contract shall be payable in full by the Hirer with interest from the date incurred or due until payment at a daily rate equivalent to 4% above the Base Rate of the National Westminster Bank Plc over the equivalent period. Payment of any lesser sum than the amount due shall not discharge the Hirer’s obligations under this Agreement.
3 MAXIMUM PERIOD OF AGREEMENT
If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited the Contract will terminate not later than three months from the commencing date of the period of hire. In such circumstances the Hirer shall by not later than the close of business on the penultimate day of said three months, restore the Equipment to the Supplier. Equipment not restored to the Supplier will be subject to a charge equating to the financial loss to the Supplier.
4 EXTENT OF CONTRACT
The Contract will come into being between the Hirer and Supplier when the Hirer has places an order detailing his requirements and agreeing to be bound by these Conditions and the Supplier has accepted the order.
5 RESPONSIBILITIES OF THE HIRER AND PERSON SIGNING/ACCEPTING
The person signing the Contract warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so. The said person hereby acknowledges that he has been instructed in the safe and proper operation of the Equipment. The said person and the Hirer jointly and severally hereby undertake to ensure that no-one uses the Equipment who is not properly instructed and to ensure that every use is in possession of instructional material(if any ) supplied by the supplier and shall not allow the Equipment to be misused.
6 WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE
Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign a Contract before the goods are handed over, the hirer or his agent agrees to examine the goods at the time of physical hand-over, and the effect of such signature will not become operative until immediately after the physical handover.
7 RESPONSIBILTY OF THE HIRER OR HIS AGENT
(i) The Hirer or his agent shall be responsible for the loading and unloading of the Equipment at the address specified by the Hirer and likewise at the Suppliers premises when transported by the Hirer or his agent, and any person supplied by the Supplier shall be deemed to be an employee of the Hirer or his agent at such times.
(ii) The Hirer’s responsibility for the Equipment commences on the receipt of the Equipment by the Hirer or his agent or on delivery as requested, and ends when the Hirer is in possession of the Suppliers unqualified receipt for all of the Equipment. The Hirer will not sell or otherwise part with control of the Equipment.
(iii) The Hirer shall at all times and in all respects indemnify the Supplier against and from any and every expenses, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer and injury to any servant employee or agent of the Hirer)and in respect of damage to or loss of any property whatsoever(including Equipment Indemnity as determined by condition 10) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non return of the equipment or any part thereof. This sub clause shall not apply in the case of a person dealing as a consumer as defined by the Unfair Terms Act 1077, where the expenses, liability, financial loss or claim or proceeding or damage or loss of any property aforesaid results from the breach of Contract or the negligence of the Supplier.
8 MAINTENANCE OF EQUIPMENT AND BREAKDOWN PROCEDURES
The Hirer shall keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Supplier. Under no circumstance shall the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. Such Equipment must be returned to the Suppliers premises for examination or, when rectification elsewhere is requested, the Hirer agrees to pay carriage if requested by the Supplier.
9 CONSEQUENTIAL LOSS
The Supplier shall not be liable for any consequential loss to the Hirer, including any expenses, liability , loss, claim, or proceeding whatsoever caused by, or arising out of , the late delivery, non delivery, unsuitability, or lawful repossession of the Equipment or any part thereof, or any breakdown or stoppage of same. Nothing in this clause shall affect statutory rights of a person dealing as a consumer as defines by the Unfair Terms Act 1977.
10 INDEMNITY FOR LOST< STOLEN OR DAMAGED EQUIPMENT
The Hirer agrees to insure the Equipment against loss, theft or damage beyond repair on a “new for old “basis or alternatively indemnify the Supplier in a similar amount. All monies received by the Hirer from the Insurance Company or any other source in settlement of such claims shall be held in trust by the Hirer and paid to the Supplier on demand. The hirer shall not compromise any claim without the express consent of the supplier.
11 NON-RETURNED, LOST,STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
(i) The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment.
(ii) The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any Equipment returned damaged or unclean. Additionally, the Hirer will pay to the Supplier a charge equating to the financial loss of the Supplier until such rectification is complete.
(iii) In the case of Equipment which is lost or stolen or damaged beyond economic repair the Hirer shall in a all cases meet the Hirer’s obligations under condition 10. Additionally in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hirer, the Hirer accepts Liability to pay for all financial loss to the Supplier until the indemnity referred to in Condition 10 is paid. The Hirer’s liability under this condition shall be without prejudice to any other rights of the Supplier.
12 DETERMINATION OF HIRE
The Supplier shall be entitled at any time, if the Hirer is in breach of Contract, to terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or any part thereof.
13 RIGHTS OF ACCESS
The Hirer hereby Authorises any Supplier (upon production of this document) to enter upon the premises where the Supplier reasonably believes any Equipment , or any part thereof, to be, insofar as the Supplier in his absolute discretion deems necessary, so as to inspect, test, repair, replace or repossess the same.
14 RIGHTS RESERVED
Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
15 SEPERATE TERM VALIDITY
Should any item in this Contract be held to be invalid, such invalidation will not affect the validity of the remaining items.
SIGNATURE OF HIRER :