The following are the terms and conditions attaching to the acceptance of your order. These terms and conditions set forth the entire agreement between the Company and the hirer/Client.
No terms, conditions, understandings or agreement purporting to modify or vary these terms and conditions shall apply except where the Company and the hirer (Client) have expressly varied the same in writing.
These conditions automatically apply if you chose to continue with the rental of equipment. This terms and condition supersedes any other terms except where agreed by writing.
1. PERIOD OF HIRE
The period of hire commences from the time the equipment is dispatched from the Company’s premises or collected by the hirer/Client (or some party duly authorized by the hirer/Client) from the Company’s premises. The hire terminates when the equipment is returned to the Company’s premises.
2. HIRE CHARGE
Hire charges shall be at the rates shown in our equipment hire list or Purchase Order. The Company reserves the right to alter the rental for equipment already on hire and will give appropriate written notice to that effect.
3. TRANSPORTATION CHARGES
In addition to the hire charges, the Company may make a separate charge for outward delivery and/or collection (mobilization and Demobilization). The Company’s packaging materials are chargeable in full if not returned upon completion of hire.
4. CONTINUING OBLIGATIONS
The hirer agrees with the Company throughout the period of hire as follows:
a) To keep the said equipment in the hirer/Client’s own possession and control and without prejudice to the foregoing does not allow the equipment to be transferred to countries prohibited by the Department of Trade Country’s of Foreign Commerce.
b) Not to subject the said equipment to any misuse or unfair wear and tear and to use the same in a proper manner in accordance with the user’s manual.
c) To preserve the Company’s and manufacturer’s indention numbers of any nameplate that should be upon the said equipment.
d) To keep the said equipment in the same condition as at the commencement of the period of hire, fair wear and tear only expected, and to pay to the Company the full cost of all loss or damage to the said equipment howsoever caused.
e) To arrange at the hirer’s expense insurance cover for the full replacement value of the equipment against loss or damage from any occurrence whatsoever. The Company may at any time demand evidence that such cover exists. Failure to produce such evidence within twenty-four hours will constitute a material breach of this contract.
f) To notify the Company in writing immediately upon loss or damage to the said equipment or accessories and within 14 days of demand pay to the Company the full costs of repair or replacement. Where equipment is lost the hire charge shall continue until the full cost of replacement is received by the Company. Where equipment is damaged, the hire charge will continue until the damaged equipment is returned to the Company’s premises. In either event, the hirer shall also reimburse the Company upon demand for any loss of rental monies suffered by the Company.
g) In connection with the use or operation of the equipment to indemnify and hold harmless and defend the Company and its officers, employees and agents against all liabilities, actions, legal or administrative proceedings, claims and expenses of whatever nature arising by reason of (a) death of or illness or injury to any third party or loss of or damage to any third party’s property and (b) death of or illness or injury to persons employed by the hirer or loss of or damage to the property of the hirer.
h) Not to sell, assign, sub-let or otherwise encumber the equipment and not to assign or transfer the benefit of this agreement in whole or in part without the Company’s prior written consent. The Company shall have the right to inspect the equipment and to observe its condition and use.
i) Not to make any alteration, modification or attachments to the equipment without prior written consent of theCompany.
5. PAYMENT
All invoiced charges are payable within 30 days of the invoice date. Prices are net and no deduction or settlement discounts are allowed. Delays on invoices payment without detailed justification for the delay will be charges 1% interest rate of the invoice pending when invoice charges are settled.
6. DELIVERY
Whilst every effort is made to adhere to delivery dates, time shall not be deemed to be of the essence and no liability can be accepted for any loss occasioned by or consequential on the non-delivery on the expected date or delayed delivery. Deliveries offered ex-stock are subject to the goods being available at the date of receipt of the hirer’s order. In the event of unforeseen delay in effecting delivery, immediate notifications will be given.
7. CANCELLATION
Cancellation of this order can only be accepted with the prior written consent of the Company and on terms which indemnity the Company against all loss.
8. VAT
VAT will be charged at the rate in operation at the relevant tax point date.
9. FORCE MAJEURE
The Company shall not be liable to the hirer for any loss or damage suffered by the hirer or any other party, directly or indirectly, as a result of the Company’s failure or delay in performing any of its obligations under the foregoing terms where such failure or delay is caused by a happening or happenings beyond the reasonable control of the Company.
10. DEFECTS
The hirer/Client shall require to notify the Company of any defects in the equipment within 24 hours of receipt by the hirer and failing any such notification, it shall be conclusively presumed as between the Company and the hirer that the equipment has been received in good condition and in every way satisfactory for the hirer’s purposes. The Company does not give any warranty as to the quality of the equipment nor as to its fitness for the purpose of the hirer/Client. The Company does not warrant that the equipment corresponds with any description or specification either contained in catalogues or given verbally. The Company accepts no responsibility whatsoever (except such as cannot by law be excluded) for any claims of any kind resulting from the use, nature or condition of the equipment during the period of hire irrespective of negligence on the part of the Company. The Company shall in no circumstances be responsible for any loss of use, loss of profits or any consequential loss of any kind, suffered by the hirer or any other party as a result of the use, nature or condition of the equipment
11. TERMINATION OF CONTRACT
If the hirer/Client shall make default in payment, or commit any other breach of this contract, or if any distress or execution shall be levied upon the hirer’s property or assets, or if the hirer shall make or offer to make any arrangement or composition with creditors, or become apparently insolvent or commit any act of bankruptcy, or if any petition of bankruptcy shall be presented or made against him or her, or, if the hirer is a limited company, a resolution or petition to wind up such company (other than for the purposes of amalgamation or reconstruction) shall be passed or presented, or if a liquidator or receiver or administrator of such company’s undertaking, property of any part thereof shall be appointed, the Company shall have the immediate right to terminate this agreement and to declare all sums due and to become due hereunder for the full term of the rental agreement immediately due and payable. The Company may demand that the h hirer/Client returns all equipment in the same conditions as delivered, ordinary fair wear and tear accepted, at the hirer’s risk and expense to such location as the Company may designate. The Company may enter upon any premises for the equipment as located and take immediate possession of and remove the same, all without court order or other process of law and all without any liability but without prejudice to all rights or remedies