1. The following terms and conditions govern the hiring, except where varied in writing by agreement between the Owners and the Hirer.
2. The minimum period of hire shall be the period specified (hereinafter called "the initial hire period") subject to such extensions or reductions as may be agreed between the Owners and the Hirer.
3. The hiring charge in respect of equipment shall be at the rates shown. All payments are due on the date the invoice is raised by the Owners.
4. The Hirer shall accept entire responsibility for any loss of or damage to the equipment from any cause or source whatsoever for so long as the same is in the Hirer's possession or under the Hirer's control (notwithstanding that the hiring may have come to an end by effluxion of time or notice given or received) and the Hirer undertakes to arrange at its own expense with an Insurance Company of repute adequate 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 full retail price of the equipment and not any fraction or depreciated part thereof
5. The Hirer shall notify the Owners in writing immediately of any loss or damage to the equipment and shall on demand reimburse the owners in respect thereof within thirty days of the occurrence. The Owners shall continue to charge the full cost of rental for the said equipment until such payment is received. The Hirer shall be liable under this section for the full retail price of the said equipment.
6. The equipment remains the property of the owners at all times and the Hirer shall not sell charge or otherwise deal the equipment or its benefit in any way but shall retain the same in the Hirers possession or under the Hirers control at all times.
7. The Hirer shall not without 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.
8. The Hirer shall be solely responsible for and hold the Owners and its servants or agents fully indemnified against the loss or 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.
9. The Hirer will at all times operate the equipment in accordance with such reasonable instructions as the Owners may from time to time issue and observe all the manufacturers instructions in connection with the said equipment and any Radiocommunciations Agency, Industry or other regulations issued by H.M. Government or any state corporation from time to time in respect thereof.
10. The Hirer will throughout the hiring:-
a) permit the Owners or their authorised representative at all reasonable times 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 manufacturers' identification numbers or mark or any name plate affixed to the equipment.
11. 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 unless and 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 remains unserviceable after the expiration of such 7 days. The Owners will in no circumstances be responsible for the maintenance of equipment not situated within the United Kingdom or Channel Islands.
12. 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 creditors 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 Consumer Credit Act, 1974) either themselves or any authorised agent of theirs enter into and upon land premises or vehicle where any of the equipment may be or where the Owners have reason to believe the same to be for the purpose of re-taking possession of the same.
13. As required by the Health and Safety at Work Acts, 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 accompanied by instruction sheets. Each Item of equipment is checked and supplied in accordance with manufacturers published specifications and, when used in normal or prescribed applications and within the parameters set for electrical performance, will not cause damage or hazard to health and safety, provided that normal engineering and safety practices are observed'.
14. For the purpose of these Conditions
a) the Hirer shall be the person firm or Company to whom the quotation shall be addressed and where the context so requires or admits includes its servants or authorised agents.
b) the owners are A.P. LOGISTICS LIMITED and where the context so requires or admits includes its servants or authorised agents. The equipment are the items described in the quotation in the quantities indicated.
c) 'vehicle' includes vessels airplanes and other conveyances of all descriptions.
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Terms & Conditions of Hire
