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 :
DATE :