1. Overriding Conditions. The following standard Conditions apply in all contracts of hire between the Owners and the Hirer notwithstanding anything to the contrary or at variance with these Conditions in any document emanating from the Hirer or contained in any correspondence to or from the Hirer or any verbal exchange between a representative of the Owners and the Hirer. Only written variations signed by a Partner of the Owners will be affective to vary these Conditions. The owners will endeavour to provide equipment as described overleaf but cannot be held responsible when precluded from doing so by matter outside their control.
2. Variation of Rental. The rental quoted is based upon the assumption that the equipment will be retained by the Hirer for the hire period. If the Hirer returns the equipment before the expiration of that period, the Owners reserve the right to change the rental which they owuld have quoted for that lesser period in accordance with their normal terms of business at the date of the quaotation. Termination on quarterly on going agreements requires 1 quarters notice.
3. Terms of Payment. All invoices will carry a credit charge which may be deducted if payment made within terms stated on the invoice. (i) All payments are due on the date the invoice is raised by the Owners. STH invoices will be for four weekly periods in advance inless the period of hire is for less than four weeks when the invoice will be for the whole of that lesser period in advance. (ii) Parts of the week during which the equipment is retained by the Hirer, will be charged as a full week. (iii) In the event that equipment is lost, damaged or destroyed whilst in the possession of the Hirer, rental shall continue to be payable to the Owners in accordance with the foregoing conditions until such time as the Owners actually receive full payment in respect of such loss damage or destruction pursuant to the hirer's obligations under clause 1 hereof. (iv) Notwithstanding the hire period, the hiring shall be deemed to continue until the equipment is returned to the Owner by the hirer at his expense and or his Agent and a signature obtained. Low cost, long term Retail Security Scheme rentals and quarterly in advance.
4. Loss of Damage to Equipment. (i) The Hirer shall accept entire responsibility for lany loss of or damage to the equipment from any cause or stance whatsoever for as long as the equipment is in the Hirer's possession or under the Hirer's control (notwithstanding that the hiring may have come to an end by passing of time or notice given or received) andthe Hirer undertakes to arrange at his own expense with an Insurance Company of repute comprehensive insurance cover in respect of the equipment to the value stated throughout such period and in such terms that in the event of total loss or irreparable damage to the equipment, the amount due and payable by the insurers shall be the amount stated on the hire agreement and not any fraction or depreciated part thereof. (ii) The Hirer shall notify the Owners in writing immediately of any loss of or damage to the equipment and shall on demand reimburse the Owners the full retails cost of replacing or repairing the same notwithstanding that the insurance cover herein before referred to shall have been invalidated or vitiated for any reason other than by default of the Owners.
5. Ownership of Equipment. The equipment remains the property of the Owners at all time and the Hirer shall not sell, charge or otherwise deal with the equipment or its benefit in any way but shall remain the same in the Hirer's possession or under the Hirer's control at all times.
6. Situation of Equipment. The Hirer shall not, without the previous consent in writing of the Owners, remove the equipment or any part thereof from the place or vehicle where it shall have been last installed by the Owners.
7. Damage Caused by Equipment. The Hirer shall be solely responsible for and hold the Owners and its servants or agents fully indemnified against any loss, damage or injury or expense (other than personal injury or death unless attributable to the act or default of the Hirer) caused directly or indirectly to the Hirer or any third party by the equipment or the use thereof or by any failure lack of repair faulty installation or other defect of the equipment from whatever cause.
8. Method of Operation of Equipment. The Hirer will be at all times operate the equipment in accordance with such reasonable instructions as the Owners mau from time to time issue and observe all the manufacturers instructions in connection with the said equipment and any Dept. of Trade and Industry, British Telecom or other regualtions issued by HM Government or any state corporation from time to time in respect thereof.
9. Owners Right of Inspection. The Hirer will throughout the hiring - (a) permit the Owners or their authorised representative at all reasonable time to enter upon the premises or vehicle in which the equipment is kept for the purpose of inspecting, maintaining, repairing and testing the same. (b) Preserve the Owners and any manufacturers identification, numbers or mark or any name plate affixed to the equipment.
10. Maintenance of Equipment. If the Hirer shall observe all the terms of the hiring and promptly pay all rentals due, then the Owners will promptly maintain the equipment at their own expense PROVIDED that the Owners shall not be liable in damages to the HIrer for any breach of this clause until the equipment shall have been unserviceable or unusable for more than 7 days from notification of such defect to the Owners and the Owners liability in damages shall in any event be limited to an amount equal to the rental payment due from the Hirer for the period during which the equipment remians unserviceable after the expiration of such 7 days. The Owners will be responsible for maintenance of equipment situated within the United Kingdom only unless previously agreed in writing in accordance with the provisions of conditions 1 hereof. Batteries are provided for within the rental cost except on low cost Retail Storewatch Security Schemes.
11. Insolvency. If the Hirer shall fail in any material respect to observe and perform the terms and conditions of the hiring or being an individual shall have a petition of bankruptcy presented against him or being a Company shall call a meeting of its members or credits with a view to entering into liquidation whether compulsory or voluntary (other than for the purpose of reconstruction or amalgamation) or if the Hirer shall enter into any arrangement or composition for the benefit of its creditors or shall suffer any distress or execution to be levied on its goods then and in any such case this Agreement shall forthwith determine and the Owners (who are hereby appointed agents of the Hirer for this purpose) may (subject to the provisions of Section 92 of the Comsumer Credit Act, 1974) either themselves or by any authorised agent of theirs enter into and upon any land premises or vehicle where any of the equipment may be where the Owners have been given to believe the same to be for the purpose of retaking possession of the same.
12. Safety Requirements. As required by Section 6 (1)(c) and 6 (4)(c) of the Health and Safety at Work Act, 1974, the Hirer is required to ensure that the following information is brought to the attention of all personnel involved with the use of the equipment. In general terms, the equipment may be classified as Electrical and Electronic and in most cases, is accomplanied by instruction sheets. Each item of equipment is checked and supplied in accordance with manufacturers published specifications and, when used in normal and prescribed applications and within the parameters set for electrucal performance, will not cause damage or hazard to health or safety, provided that normal engineering and safetl practices are observed.
13. Definitions. For the purposes of these Conditions - (a) the Hirer shall be the person, firm or company to whom the quotation shall be address and where the context so requires or admits includes its servants or authorised agents. (b) The Owners are Central Communications Group, 54 Glen Road, Castle Bytham, Lincs NG33 4RJ and where the context so requires or admits includes its servants or authorised agents. (c) The equipment are the items described in the quotation in the quantities indicated. (d) A week shall be the period of seven consecutive days commencing with the day on which the hiring is intended to commence. (e) 'Vehicle' includes a vessel, aeroplane and other conveyances of all descriptions.
14. Applicable Law and Waiver. The contract between the Hirer and the Owners shall in every case be deemed to have been made at the Owners office as stated on the quotation and these Conditions shall be construed according to and governed by English Law. Any time or other indulgence forbearance or concession by the Owners to the Hirer, shall not in any way whatsoever affect, waive or prejudice the Owners rights as otherwise set out in these Conditions.
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