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The following terms and conditions constitute the entire agreement between you (the Hirer) and Shawcity Ltd (the Owners). Unless otherwise agreed in writing by the Owners, these terms and conditions will apply to all transactions between the Hirer and the Owners.
2. Period of Hire
As stated on the hire confirmation paperwork.
3. Hire Charges
The charges for rental will be at the rates current at commencement of hire. At any time the Owners reserve the right to alter rental charges, delivery and collection charges and any discounts without prior notice.
4. Commencement and Termination of Hire
The hire commences on the date specified on our Confirmation of Instrument Hire form and continues until and including the day the Hirer returns the equipment to the Owners. It is the Hirer’s responsibility to inform the Owners of intentions to either terminate or extend the hire. If the equipment is not received at the Owners’ premises on the date specified on the Confirmation of Instrument Hire form, the period of hire shall be deemed to continue on a weekly basis until returned and charged as such.
5. Delivery and Collection Charges
In addition to the hire charge, separate charges will be made for delivery and collection (if applicable) of the equipment. Charges are shown on the Confirmation of Instrument Hire form.
6. Acceptance Conditions
Acceptance of delivery of the equipment by the Hirer will be conclusive evidence that the equipment has been examined and found to be complete in accordance with the manufacturer’s description, in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.
Any claim for damages by the Hirer against the Owners arising out of the Hirer’s use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to any property arising in connection with any of the equipment or as a result of the use thereof. The Owners shall not be liable for any loss other than death and personal injury which may arise out of or in connection with the failure of the equipment for whatever reason. Save as provided by law, the Owners exclude all warranties relating to the equipment and the Hirer’s use thereof except as specifically stated herein.
8. Hirer's Obligations
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:-
(a) To keep the equipment at the delivery address or in the Hirer's own possession unless otherwise agreed in writing by the Owners.
(b) Not to remove equipment overseas without prior written agreement from the Owners.
(c) To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment.
(d) To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturers' recommendations).
(e) To preserve the Owners' and manufacturers' identification numbers or marks present upon the said equipment.
(f) To assume upon receipt of the equipment until collected by the owner’s courier the entire risk of loss or damage to the equipment from any
occurrence whatsoever. Returns should be packaged in the same protective casing in which they were received.
(g) To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the cost of replacing the equipment, as per the insurance value on the hire confirmation paperwork.
(h) Not to sell, assign, let on hire or transfer the benefit of hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the hire unless otherwise agreed in writing by the owners.
(i) Not to make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
(j) In the event of any breakdown or alleged defect in the equipment:-
(i)The Hirer shall contact the Owners within 24 hours of the discovery of the alleged defect, specifying the nature of the defect.
(ii)The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers the defect.
9. Owner's Obligations
The Owners will maintain the said equipment at no cost to the Hirer save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clauses 8(i) and 11. In the event of failure of any item of equipment whilst on hire, the Owners shall use their best endeavours to supply free of charge an identical or similar item of equipment within 24 hours of notification.
At the termination of hire by either party and in the case of a hire for a fixed period no later than the end of such period, the Hirer shall return the said equipment to the Owners. The Owners can arrange collection at an additional cost and this should be agreed prior to commencement of hire.
11. Conditions of Use
The Hirer will, in its use of the said equipment, observe all the manufacturer’s instructions and other regulations that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions or regulations or failure to use the same in a proper manner. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work etc Act 1974 or any subsequent governing legislation. The Owners make the said equipment available purely for rental purposes and the Hirer has no purchase rights or options, unless previously agreed in writing.
12. Delivery Dates
Delivery dates quoted are intended as estimates only although every endeavour will be made to adhere to them. In no circumstances shall the Owners be liable for delay in delivery arising from any cause whatever.
Cancellation or part cancellation of any order can only be accepted with the Owners’ written consent and on terms which indemnify them fully against loss.
14. Payment Terms
Payment terms are as specified on our Invoice.
The equipment is and shall remain the sole property of the Owners.
If the Hirer shall default in making any payment for any period in excess of 30 days or if the Hirer is in breach of the Conditions of Hire then the Owners shall be entitled to terminate the agreement forthwith and enter upon the Hirer’s premises and to remove the equipment without notice to the Hirer. The Owner is hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owners of its rights therein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.
Whilst application advice may be given, no responsibility is accepted for incorrect results due to circumstances external to the equipment hired.
18. Patents and Copyrights
Equipment may be subject to patent rights and/or legal protection.
The following shall apply where software is supplied with the equipment:-
(a) The title to all software including programs and documentation furnished by the Owner shall be retained by the original manufacturer.
(b) The Hirer is supplied the use of the software only for the rental term and the software shall be used only on the specific equipment with which it was supplied.
(c) Upon termination of hire the Hirer shall return the original Owners supplied machine readable software, all copies thereof and all printed material furnished with such software.
20. Force Majeure
If either the Owners or the Hirer are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but not longer than the continuance of the Force Majeure.
The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability.
If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more, then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.
The Owners shall not be liable for delays in performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by the Owner’s suppliers.
The remedies provided herein are the Hirers sole and exclusive remedies. In no event shall the Owners be liable for direct, indirect, special, incidental or consequential damages (including loss of profits) whether based on contract tort or any other course of action.
(a) If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further.
(b) The exercise or implementation of or reliance upon any of the terms and conditions by the Owners shall not give rise to any right by the Hirer to cancel any contract with the Owners.
All prices quoted are exclusive of VAT which will be charged at the rate in operation at the relevant tax point date.
25. Governing Law
Any contract between the Hirer and Owners shall be governed by and construed in accordance with the Laws of England and the Hirer agrees to be subject to the jurisdiction of the English Courts.