TERMS & CONDITIONS OF RENTAL
1. Definitions
1.1. The company means Cirro Lite (Europe) Limited and its successors and assigns of 3 Barretts Green Road London, NW10 7AE.
1.2. “The customer” means the person or persons limited company or individual or partnership hiring the equipment referred to below or personnel of the company.
1.3. ‘The equipment” means the equipment and all articles and materials hired out or supplied by the company the course of its business.
1.4. Where the context so admits words importing the singular shall include the plural and vice versa: words importing the masculine gender shall include the feminine gender: and words importing persons shall include firm’s corporations or unincorporated associations.
2. Acceptance
2.1. Unless otherwise agreed any order of the customer whether oral or in writing for the supply of equipment shall be construed as expressed acceptance of these general Terms ” and Conditions and in so far any of the provisions of the customers order shall be inconsistent therewith then these Terms and Conditions shall be deemed to prevail.
2.2. These conditions constitute the entire understanding and agreement between the parties hereto and any variation in these conditions shall be binding only if it is in writing signed by and on behalf of the company.
3. Hire Period
3.1. The hire period for the equipment shall commence on the date when the equipment leaves the premise of the company for delivery to the customer or has been collected by the customer.
3.2. The hire period shall (unless terminated in accordance with these conditions) continue until the termination date agreed between the customer and the company.
3.3. If the customer should wish to terminate the period at a time earlier than agreed then the company may at its option (but without prejudice to rights arising from antecedent breaches) elect to accept such termination in which case the excess (if any) of the company’s current rates for the equipment applicable to the term of the hire period over the rates specified in the list of hire rates shall become immediately due and payable provided that if the company does not elect to accept such termination then the company shall continue to enjoy all it’s rights and remedies and the customer shall continue to be bound by its obligations under this contract.
4. Rates and Payment
4.1. During the hire period hereunder and (without prejudice to any termination of this Contact and any consequent right of the Company) until redelivery of tie Equipment to the Company or as it may direct the Equipment shall ( subject to any subsequent conditions hereof) be let and hired at the rates set out in the list of hire rates available on request.
4.2. Unless otherwise specified by the Company hire charges are payable weekly in advance and the charges for the initial month or the month become due immediately prior to the date of the proposed delivery of the Equipment (and for each subsequent calendar month such hire charges shall become due on the first day of the month).
4.3. The said rates and charges in the price list are subject to increase by the Company to cover variations in cost to the Company of goods components materials labour packing loading carriage and insurances and in such circumstances the Company shall give seven days written notice of such increase whereupon this Contract shall continue upon the same terms and conditions therein (save for such increase) unless the Customer shall within three days of such notice from the Company serve notice upon the Company that the Customer does not accept such variation or increase whereupon the Customer will forthwith terminate but without prejudice to any right to the Company against the Customer for the recovery of monies due or otherwise under this Contract or for damages or breach thereof.
4.4. Where the Company’s estimates or quotations do not include expressed provision for Value Added Tax or other similar taxes then the Company reserves the right to increase quoted and invoiced rates and charges by an amount equal to the Value Added Tax or other similar tax (if any) payable on any supply of goods and services made by the Company under any Contract.
4.5. The Customer shall be exclusively responsible for all customs and other duties and all related costs and expenses payable on any internal transaction.
4.6. The Company may charge interest on any instalment of rental overdue at 2% above the base rate for the time being of the National Westminster Bank Plc.
5. Inspection and Condition
5.1. The Customer shall inspect and satisfy itself as to the condition and suitability of the Equipment before it is accepted by the Customer the acceptance or use of the Equipment (whichever is the ” earlier) by or on behalf of the Customer shall be conclusive evidence that the Equipment is in satisfactory condition and was properly maintained by the Company prior to delivery.
5.2. The Customer shall make good to the Company all and any loss of and damage to the Equipment of whatsoever kind and from whatsoever cause (fair wear and tear excepted) including loss of hire resulting from such loss or damage and the lesser of the full cost of the Equipment or of reinstating the Equipment to satisfactory operational condition.
5.3. The Customer is responsible for returning the Equipment at the end of the hire period in satisfactory operational condition and properly maintained (fair wear and tear excepted).
6. Insurance
6.1. The Customer shall keep the Equipment insured throughout the hire period against loss or damage by fire, theft and other risks usually covered by comprehensive insurance of products of the type of the Equipment such insurance to be in the full replacement vale of Equipment.
6.2. The Customer shall maintain adequate insurance against all risks imposed upon the Customer under the terms of these Conditions and on demand shall produce to the Company a current insurance policy and a receipt for the last premium paid.
6.3. All such insurances shall be free from restrictions or excess and shall be in the joint names of the Company and the Customer and shall be with a reputable insurance company or companies.
6.4. The Company shall be entitled at any time and from time to time itself to effect at the expense of the customer insurance against all or the contingencies above referred to and the extent only of the cover effected thereby such insurance shall be deemed to satisfy the above requirements.
6.5. The Customer shall give written notice to the Company of any occurrence which will or may give rise to a claim being made on any insurance pursuant to this Condition and such notice shall be given within twenty four hours of the occurrence being known to the Customer.
7. Limitations of Liabilities and indemnities
7.1. The company shall-have no liability under or arising out of breach of or negligence in connection with this Contract either to the Customer or to any other person firm or company on whose behalf the customer may have been contracting with the Company or with any other person firm or company in respect of any claim howsoever arising for consequential loss or consequential damage other than liability (if any) of the Company for the death or personal injury arising out of negligence for which the Company is liable whether directly or vicariously.
7.2. The Customer shall indemnify the Company against all claims by and/or loss or damage to any other person firm company or property directly or indirectly connected with the acquisition use operation or possession of the Equipment whether such claim loss or damage arises from breach of contract of or the third party rights or from the negligence of the Company its employees suppliers subcontractors or agents or otherwise and such indemnity shall continue in force in relation to the subject matter of this Contract not withstanding that the parties remaining obligations under this Contract shall have been discharged or otherwise terminated.
7.3. The Company will not be liable for any loss suffered by the Company as a result of trade disputes difficulties in obtaining Equipment or components from suppliers or manufactures or anything otherwise outside the control of the Company which precludes use by tie Customer of the Equipment hired or agreed to hire.
7.4. The Company will not be liable for damage to Equipment after delivery to the Customer or to a carrier nominated by the Customer or to any person acting under the authority of the Customer eitherexpressed or implied or for any damage to Equipment caused by any delay in delivery adverse weather conditions or unsuitable storage after the Equipment has left tie premises of the Company.
8. Termination of Hire and Repossession
8.1. lf the Customer shall make default impunctual payment if any sum due to the Company under this Contract or these Conditions or shall fail to observe and perform any of the terms of this Contract or these Conditions or if the Customer shall suffer any distress or execution to be levied against it or make or propose to make an arrangement with its creditors or shall go into liquidation other than by way of amalgamation or reconstruction as a result of which the new company undertakes the Customer’s obligations or shall do or cause to be done or permit or suffer any act or thing whereby the Company’s rights in the Equipment may be prejudiced or put in jeopardy the Company may treat this Contract and Conditions as being wrongful repudiated by the Customer and accordingly the company may (without any notice or any other act on the part of the Company and notwithstanding that the Company may have waived some previous default or matter of the same or like nature) retake possession of the Equipment and for that purpose enter into and upon any premises or sites whereby it maybe and remove and seize the Equipment from any land and buildings (the Customer being responsible for any damage thereby caused) but without prejudice to any rights of the Company against the Customer for the recovery of monies due or otherwise under this Contract or these Conditions or for damages or breach thereof.
9. Customer’s Duties
During the period of an/ other agreement between the Company and the Customer for the Customer for the use by the Customer of the Equipment the Customer shall:-
9.1.1. keep the Equipment in its custody and control and shall not sell loan assign pledge encumber or pawn with possession of or suffer any lien to be created over this Equipment or any part thereof (unless otherwise agreed in writing by *re Company)
and
9.1.2. ensure that Equipment is used in a skilful and proper manner and only by persons having the appropriate qualifications and experience and who are familiar with the Equipment.
and
9.1.3. take proper care of the Equipment and ensure thar ir is properly stored and protected from interference and damage from any source whatsoever including inter alia the effect of the elements and interference from strangers.
10. Services
10.1. lf the service of any employees or subcontractors or agents of the Company are made available for the use by the Customer then such employees subcontractors or agents of the Company shall be deemed to be the servants or agents of the Customer and the Customer shall be responsible for and shall indemnify the Company against all claims by any person firm or company (including the Company) arising out of or connected with delivery collection movement loading unloading sitting or installation of the Equipment or any other matters in respect of the Equipment.
11. Replacement and Repair
11.1. The Customer shall at all reasonable times permit the Company and its agent’s access to the Equipment to inspect adjust repair alter or replace the same.
11.2. lf at any time during the period hereof the Equipment or any part thereof is in need of adjustment or
repair then: –
11.2.1. The Customer shall forthwith give written notice of need to the Company.
11.2.2. The Company shall either carry out the necessary adjustment or repair on site or at its discretion shall arrange for the removal of the Equipment or part or parts thereof to the Company’s works for adjustment or repair
11.2.3. in event of the Company removing the Equipment or any part thereof then the Company may at its option adjust or repair or redeliver the Equipment or such part or parts thereof or determine this Contract forthwith in relation to the Equipment by giving written notice to the Customer or the Company may replace the Equipment or such part or parts thereof in which case this Contract shall continue as if the substituted product or such part or parts had been included in the subject matter of this Contract
11.2.4. in the case of adjustment repair or substitution the Company may at its option apply new hire rates occurrence at the date of completion of the adjustment repair or substitution in place of those set out in the list of rates annexed hereto in respect of any adjusted repaired or substituted product as from the date of such completion.
lf the Equipment’s condition results in adjustment or repair in whole or any part other than fair wear to tear then:-
11.2.5. The Customer shall (in addition to its liability set out above) be liable for all costs of inspection loading unloading and transport in connection with the carrying out of the ” adjustments or repair the removal of the Equipment or any part or parts thereof of and redelivery thereof of any substitute thereof and
11.2.6. hire charges shall continue to be payable as if the Equipment had not been in need of adjustment or repair.
12. Miscellaneous
12.1. These Conditions constitute the entire understanding and agreement between the parties hereto and any variation in these Conditions shall be binding if it is in writing signed by and on behalf of the Company.
12.2. The waiver by the Company of any breach of any term of these Conditions shall not prevent the subsequent enforcement of that terms and shall not deemed a waiver of any subsequent breach.
12.3. This Contract and its Conditions any disputes which may arise in connection with it shall be governed in all respects by English Law and shall be subject to the exclusive jurisdiction of the English Courts.