printer friendly page REFLEX DIGITAL SOLUTIONS (UK) LTD - HIRE TERMS & CONDITIONS
1. GENERAL. "Equipment" means equipment as specified overleaf including the software; "Software" means the software furnished by us. "You" means the Hirer a specified overleaf; "We", "Our" and "Us" means Reflex Digital Solutions (UK) Ltd (the Owners). Unless otherwise agreed in writing by us, these terms and conditions will attach to all hire transactions between the Hirer and Owners. "Week" means seven consecutive days including the day the hire commences.
2. PERIOD OF HIRE. The term of hire will be for a minimum period of one day, as detailed overleaf in the hire schedule. You agree to inform us of the termination of hire by telephone or fax at the end of the hire period.
3. HIRE CHARGES. The charges for rental shall be at the rates current at commencement of hire and as detailed overleaf in the hire schedule. Part of a week will be charged at the rate of 1/7TH of the weekly rate for each day or part of a day after the initial weeks hire. Charges for a month are based on a complete calendar month; extensions may be on a daily basis. Part of a month will be charged at the rate of 1/30TH of the monthly rate for each day or part of a day after the initial month's hire. At any time we reserve the right to alter rental charges, delivery and collection charges and the contents of the hire catalogue without prior written notice.
4. COMMENCEMENT & TERMINATION OF HIRE. The hire commences on the day the equipment is collected by you or the day of despatch from our premises and continues until and including the day the hirer returns the equipment to our premises or notifies us that the equipment is available for collection. It is the Hirer’s responsibility to inform us of intentions to either terminate or extend the hire. Where equipment is being collected by our transport or their appointed agents, the hire will terminate when the equipment is received by our transport or our appointed agents transport. It is the Hirers responsibility to obtain from an authorised member of our staff a written acceptance of receipt of the equipment when returned by the Hirers own transport. If the equipment is not received at our premises or the Hirer fails to make equipment available for the owners transport or appointed agent, the period of hire shall be deemed to continue as referred to in clauses 2 & 3 above.
5. Delivery and Collection Charges. In addition to the hire charge, a charge will be made for delivery and collection of the equipment. It is the Hirer’s responsibility to agree the method of delivery and collection to be used prior to the commencement of hire:
(a) Delivery and collection may be made by our transport in accordance with our standard transport fees.
(b) Delivery may be made by our appointed agent. Where the Hirer has requested collection by our appointed agent from the Hirers premises a charge will be made in accordance with our standard scale of charges, otherwise the Hirer agrees to take responsibility for the return of the said equipment.
(c) All packaging materials, accessories and operator guides are chargeable if no returned, or returned damaged at termination of hire.
(d) You shall not move the equipment from the delivery location as detailed overleaf without prior written consent. If required, we shall collect the equipment from an alternative address in accordance with the scale charges current at that time.
(e) No equipment shall be removed or taken overseas without our prior written consent. In this instance it is the Hirer’s responsibility to arrange and pay for delivery and return of the equipment and to obtain appropriate insurance cover based on the new replacement value of the said equipment. In addition, the Hirer shall continue to pay hire charges at the standard rates to cover the period of any and all delays that may occur during transit for whatever reason in accordance with clause 4 above.
6. Acceptance Conditions. Acceptance of delivery of the equipment by you or your agent will be conclusive evidence that the said equipment has been found to be complete and in good order, and fit for the purpose for which it was designed.
7. Indemnities. Any claim for damages against us arising out of the Hirers use of the equipment shall, subject to our admission
of liability or being found liable for such damages, be limited in amount to the total amount of the rental payment paid by the Hirer for the equipment to us as at the date of us receiving notice of any such claim. You shall be solely responsible for and hold us fully indemnified against any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof. We shall not be liable for any loss other than death or personal injury, which has arisen out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, we exclude all warranties relating to the equipment and the Hirer’s use thereof except as specifically stated herein. This agreement is governed by English Law and the Hirer agrees to be subject to the jurisdiction of the English Courts.
8. Hirers Obligations. The Hirer agrees during the continuance of the contract of hire as follows:
(a) To keep the equipment at the delivery address and in the Hirer’s own possession unless otherwise agreed by us in writing and to permit the Owners or their representatives to enter upon the premises or vessel where the equipment may be kept from time to time to inspect, maintain, and test the same.
(b) Not to let on hire, sell or assign the interest in the listed hire equipment to any third party.
(c) To repay to the owners all costs, charges & expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including but not by way of limitation, all costs incurred in locating the equipment.
(d) To keep the equipment, packaging and case in good condition and not subject it to any misuse.
(e) Not to make any alterations, apply any permanent markings, modify or make adjustment or attempt any repairs to the said equipment.
(f) To preserve the Owners and manufacturer’s identification numbers or mark or any nameplate upon the said equipment
(g) To assume upon receipt of the equipment until returned to the Owners or our appointed agent the entire risk of loss or damage to the equipment from any occurrence whatsoever. The Hirer undertakes to arrange at its own expense appropriate insurance cover with an approved Insurance Company.
(h) 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 new equipment.
(i) In the event of any breakdown or alleged defect in the equipment; to give written notice to us within 4 hours of the discovery of the alleged defect specifying the nature of the defect and make no further use of the equipment alleged to be defective after the time at which you discover that it is defective.
9. Cancellation. Cancellation up to 48 hours before due hire date is subject to a 50% cancellation charge & within 48 hours of due hire date is subject to a 100% cancellation charge.