TERMS AND CONDITIONS OF HIRE
1. The Equipment is hired by the Owner to the Hirer during the Hire Period subject to these terms which terms shall override any terms or conditions contained in or referred to in any document from the Hirer and no alteration or addition to or substitution of these terms by the Hirer shall bind the Owner.
2. These terms shall be binding on the parties once the Hirer books the Equipment from the owner and pays the Deposit.
3. The Hirer shall pay the Deposit to the Owner as security against loss or damage to the Equipment during the Hire Period and against any loss or damage suffered by the Owner due to any breach of these terms by the Hirer and (without prejudice to any claim the Owner may have) the Deposit or any balance remaining shall after deduction of any amount payable to the Owner hereunder be returned to the hirer after the return Date or, in the case of dispute, on determination of that dispute.
4. Before the Collection Date the Hirer may inspect and test the Equipment. Acceptance of the Equipment shall imply that the Equipment is in good working order and suitable for the Hirer’s purpose.
5. The Hirer shall pay to the Owner in advance (without prior demand) the Rentals on the dates specified, the first of such payments to be made on the Collection Date.
6. The time for payment of the Rentals shall be of the essence and shall be paid in full without deduction, set off or counterclaim. Failure by the Hirer to pay the rentals within 7 days of it coming due (whether demanded or not) shall entitle the Owner to cancel the contract, appropriate any payment and/or charge interest on the amount unpaid at the rate of 10% per month or part month from the Collection Date until payment is received by the Owner.
7. Either party may cancel the contract during the Hire Period by giving to the other 7 days prior written notice. Cancellation by the Hirer shall be subject to clause 15.
8. The Equipment shall at all times remain the property of the Owner and the Hirer shall have no rights to the Equipment other than as Hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Equipment is or may be prejudiced or affected.
9. The Owner shall replace any Equipment which is defective with such substitute Equipment as the Owner may have available and if the Owner is unable to provide such substitute Equipment the Owner shall be entitled to terminate the contract without further liability to the Hirer. The aforesaid warranty shall not extend to defects arising from the Hirer’s misuse or neglect of the Equipment. The Equipment replaced shall be returned to the Owner.
10. The Owner accepts no responsibility for loss or damage including indirect, special or consequential loss of damage or costs and expenses which arise out of or in connection with this contract (other than for death or personal injury caused by the Owner’s negligence) and the Owners liability is limited to the fullest extent permitted by the law to the Rentals. Where the Equipment is sold to a person dealing as a consumer, the consumer’s statutory rights are not affected by this provision.
11. Except where the Equipment is sold to a person dealing as a consumer, all warranties, conditions and terms implied by statue or common law are excluded to the fullest extent permitted by law.
12. The Hirer shall not and shall ensure that those permitted by the Hirer to use the Equipment shall not:
i. Modify, alter or make additions to the Equipment;
ii. Use the Equipment other than for the purpose for which it is expressly designed;
iii. Use the Equipment for any illegal purpose;
iv. Repair the Equipment; or
v. Sell, hire, let or otherwise dispose of or charge or part with possession of the Equipment.
13. The Hirer shall:
i. Hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceeding, costs and expenses incurred by the Owner arising in respect of the Hirer’s breach of non compliance with these terms;
ii. Collect the Equipment from the Owner on the collection Date and return the Equipment to the Owner’s address on the Return Date;
iii. Comply with any written or verbal instruction of the Owner in respect of the use of the Equipment;
iv. Bear the costs of the repair of any damage to the Equipment resulting from the Hirer’s breach of these terms including the Hirer’s negligent use of the Equipment;
v. Take all necessary steps at the Hirer’s own expense to retain and recover possession and control of any Equipment of which the Hirer loses possession or control and permit the Owner or their authorises representatives at reasonable times to enter upon the premises and inspect the Equipment;
vi. Notify the Owner of any change in the Hirer’s address and any change in the whereabouts of the Equipment;
vii. Notify the Owner immediately on becoming aware of any defect in the Equipment;
viii. During the Hire Period (without prejudice to the liability of the Hirer to the Owner) keep the Equipment insured with an insurance company of good repute against loss or damage from all the risks to the full replacement value. The Hirer shall hold all sums recovered under the policy of insurance in respect of the Equipment on trust for the Owner; and
ix. Store and use the Equipment in a secure and suitable location.
14. Without prejudice to their other rights and remedies. If the Hirer shall commit a breach of these terms (express or implied) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the Equipment or any part thereof then the Owner shall be entitled to terminate the contract forthwith by notice to the Hirer.
15.1 Upon any termination under clause 6, 7 or 14 the Hirer shall pay to the Owner:
i. All arrears of Rentals then due and all other sums accrued due and unpaid at the date of termination together with interest thereon; and
ii. The cost of all repairs required as at the date of termination;
iii. Rental for the remainder of the Period of Hire unless the Owner hires the Equipment to another Hirer during the Hire Period for an amount not less than the Rentals; and
iv. Any other sums which become due to the Owner.
The termination of the Contract shall not affect any rights of the Owner subsisting at the date of termination.
15.2 Upon expiration of the Hire Period the Hirer shall pay to the Owner any amounts arising at the expiration of the Hire Period pursuant to clauses 15.1 i. and 15.1 ii. and 15.1 iv.
16. On the date of termination or expiration of the Hire Period (as applicable) the Hirer shall forthwith return the Equipment to the owner in good order and in good working condition and at the Hirer’s expense and risk. Without prejudice to the aforesaid the Owner or their authorised representative may be at any time after such termination or expiration of the Hire Period without notice retake possession of the Equipment and for such purpose enter upon the premises belonging to or in the occupation or control of the Hirer.
17. From the date of termination or expiration of the Hire Period (as applicable) and until such time as the Equipment shall have been returned to the Owner, and the Hirer will pay the Rentals. This clause shall not however confer upon the Hirer any right if continues use or possession of the Equipment
18. Any provision hereof which is held to be invalid or unenforceable shall be deemed to be severable and shall no affect the validity of the other provisions
19. No waiver by the Owner of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision. These terms shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.