2. The Agreement is subject to these Conditions which supersede all previous
communications representations and agreements whether written or oral and no
additions or alterations to these Conditions shall be binding on the Company
unless agreed to in writing and signed by a duly authorised officer or employee
or agent of the Company. Any terms and conditions proposed by the Hirer shall
only apply if the same have been agreed by or on behalf of the Company in accordance
with the provisions of this paragraph and in the case of any conflict between
such terms and conditions and these Conditions the latter shall prevail.
3. The Company endeavours to ensure that the Equipment is sound and in good
order and condition at the time of delivery to or collection by the Hirer but
it shall be the responsibility of the Hirer to ensure that the Equipment is
fully suitable in all respects (including type and condition) for the purpose
for which it is hired. Upon delivery or collection the Equipment shall be examined
and checked by the Hirer before being taken into use and if found to be defective
or deficient will be replaced or defects or deficiencies remedied by the Company
without additional charge but in no circumstances shall the Company be liable
for any loss or damage of whatever kind however caused arising out of or in
connection with the use of or the inability to use the Equipment. The Hirer
shall use or cause to be used the Equipment in a skilful and proper manner and
shall at his own expense keep it in good and substantial repair and condition
(save for fair wear and tear) and further shall take all precautions necessary
to ensure its safety and security. The Hirer will not open the outer case (if
any) of the Equipment or of any item or part thereof nor interfere in any way
with the Equipment of the mechanism thereof or any nameplates or signs or serial
numbers thereon and will not expose the Equipment to the elements (in particular
to salt water and spray) and will keep the Equipment protected in all respects.
Unless the same shall be been caused by the wilful default or wilful misconduct
of the Technicians any loss of or damage to the Equipment including loss or
damage caused by non familiarisation of misuse of the same is the sole responsibility
of the Hirer who will be charged with the cost of repair or full replacement
value of the Equipment as the case may be. The Hirer must not repair or attempt
to repair or request a third party to repair or attempt to repair the Equipment.
The Company reserves the right where the Equipment is in its absolute discretion
of a high technology specification to require that the Hirer uses the services
of a Technician at the cost of the Hirer and in such cases only the Technician
may use such Equipment.
4. Any order or instruction required to be given to the Company by the Hirer
shall be given by him or his duly authorised agent in writing. If given orally
it shall be confirmed in writing to the Company within three days. The Company
shall not be liable for the consequences of any inaccuracies or misunderstandings
resulting from any order or instructions by the Hirer not received by the Company
in writing or so confirmed. The Hirer shall be solely responsible for any statement
representation order instruction guidance or advice made or given by the Hirer
to any Technician.
5. The Equipment shall be delivered and collected at such time and place as
shall be mutually agreed between the Company and the Hirer. If delivered to
the Hirer the signature of any person purporting to be any employee of the Hirer
shall be sufficient evidence of delivery. The Company shall use its best endeavours
to comply with any time schedules but will accept no liability for non delivery
of Equipment or non arrival of Technicians by a specific time or date or within
a specified time from receipt of order. The Company shall not be liable for
delays due to unforeseen circumstances or due to causes beyond its control including
but not limited to acts of nature, acts of Government labour disputes and delays
in transport.
6. Unless otherwise agreed in writing between the Company and the Hirer it
shall be the responsibility of the Hirer to return the Equipment to the Company
on termination of the hire. If the Company agrees to collect the Equipment on
termination of the hire the Hirer shall remain fully responsible for the safety
protection repair and condition (subject as aforesaid) of the Equipment until
it is in the possession of the Company.
7. During the continuance of the Agreement the Hirer shall pay to the Company
by way of rent for the hire of the Equipment and the Technicians the Company’s
hire charges shown in the Company’s Rate Card current from time to time
or such other hire charges as may have been agreed in writing between the Company
and Hirer. For the avoidance of any doubt the Hirers shall be liable for payment
of hire charges as from the time for which the Equipment is ordered (which shall
be the commencement of the hire period) until either (i) the time of its return
to the Company or(ii) if the Equipment is lost or stolen or is otherwise irrecoverable
or is damaged then in any such case the time of its replacement or repair and
the Company undertakes to replace or repair the same as soon as reasonably possible.
A 24 hour period or part constitutes one days hire.
8. In addition to the charges referred to herein the Company at its sole discretion
may require that the Hirer shall pay to the Company charges in respect of insuring
the Equipment upon the terms and conditions and subject to the exclusions of
liability contained in the insurance policy for the time being in force which
the Company has negotiated for such purposes. A copy of such policy shall be
made available to the Hirer upon request PROVIDED THAT where the Hirer has confirmed
that it has arranged insurance cover which is already in existence against all
risks for the full replacement value of the Equipment and given full details
thereof to the Company then the Company may waive this requirement.
9. Without the previous consent of the Company Equipment must not be used on
any abnormal or hazardous assignment taken out of the United Kingdom or taken
from the ground other than on a regular scheduled flight by any airline recognised
by IATA unless otherwise agreed by the company prior to the commencement of
the hire. The Hirer shall be solely responsible for obtaining all customs Clearances
Licences and permits as shall be necessary to take the Equipment out of the
United Kingdom. If any Equipment taken out of the United Kingdom is lost or
is damaged or breaks down and the Company agrees to replace the same the Company’s
liability shall only extend to delivery of any replacement at an address in
the United Kingdom.
10. In addition to the hire charges for the Equipment the Hirer shall pay all
delivery charges.
11. The Hirer shall pay Value Added Tax at the rate current from time to time
on and in addition to all charges due to be paid by the Hirer to the Company
under the terms and conditions of the Agreement.
12. Without prejudice to any other right or remedy available to the Company
in the event of the cancellation of an order by the Hirer the Company reserves
the right to make a cancellation charge as follows:
13. All hire and other charges are net and unless otherwise agreed between
the Company and the Hirer shall be due and payable within 30 days on the invoice
date. If any hire charge or other sum due to the Company shall not be paid by
the Hirer on the date when the same shall be due and payable the Hirer shall
be liable to pay interest upon such hire charge or other sum at the rate of
4% per annum above the base rate of National Westminster Bank PLC from time
to time during the period in which interest is payable from the due date until
the date of payment.
14. The Equipment remains at all times the property of the Company and the
Hirer shall have no right title or interest therein save that of a hirer thereof
under these Conditions. The Hirer shall not sell or offer for sale assign mortgage
pledge underlet lend or otherwise deal with the Equipment or any part or parts
thereof or deal with the Hirer’s interest under these Conditions which
interest is personal to the Hirer and the Hirer will keep the Equipment in his
own possession for his own use and will not allow any lien or other encumbrance
to be created in respect of the same.
15. The amount of the deposit (if any) specified shall be returned to the Hirer
without interest when the Equipment has been returned to the Company and all
charges and other monies due to the Company under the terms of the Agreement
have been paid.
16. The Agreement may be determined by the Company forthwith by written notice
given by the Company to the Hirer to that effect on the happening of any of
the following events namely if the Hirers fails to pay any charges hereunder
within seven days of the same having become due (whether demanded or not) or
fails to observe or perform any other of these Conditions or if the Hirer commits
any act of bankruptcy or being a company goes into liquidation or has a Receiver
appointed in respect of the whole or any part of its undertaking or assets or
is subject to a Receiving Order or makes any arrangement with or assignment
for the benefit of the Hirer’s creditors or if distress is levied or threatened
on any of the Hirer’s property or if the Hirer abandons the Equipment.
17. The termination of the Agreement and the hire thereby created for any reason
whatsoever shall not affect any other right or remedy of the Company against
the Hirer and without prejudice to the generality thereof shall not affect the
right of the Company to recover from the Hirer any hire charges and other monies
due to the Company at the date of such determination and shall no affect the
Company’s right to recover damages from the Hirer in respect of any breach
of these Conditions.
18. Any time or other indulgence granted by the Company to the Hirer shall
not affect the rights of the Company under the Agreement.
19. The Company shall not in any circumstances be liable to the Hirer or any
third party for any claims in respect of loss of profits special damage or any
consequential loss whatsoever or be under any liability for or in respect of
loss or damage to persons or property howsoever caused whether arising directly
or indirectly from the hire or use of Equipment by the Hirer.
20. The Company reserves the right to subcontract all or any part of the Hirer’s
order and to assign or otherwise deal in anyway whatsoever with the Company’s
interest in the Equipment and in the Agreement.
21. The Hirer is advised not to use any original materials on in or in connection
with the use of the Equipment and the Company cannot accept any responsibility
in connection with any loss or damage to or in respect of the same.
22. The Agreement and these Conditions shall be construed in accordance with
English Law and the parties herein submit to the jurisdiction of the English
Courts.
