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In these terms and conditions the following words and expressions shall have the following meanings:
“the Company” means Response Technical Services Limited a company registered in England number 4251713 whose registered office is at Pool House, Bancroft Road, Reigate Surrey RH2 7RP
“the Customer” means the customer of the Company who is hiring the equipment pursuant to the Contract;
“the Contract” means the Contract between the parties for the hire of the Equipment, evidenced by a Quotation or an order and acceptance of the Company as the case may be and including these terms and conditions;
“the Equipment” means the equipment hired by the Company to the Customer under the Contract;
“a Quotation” means a quotation of the Company; and
“an order” means an Order of the Customer.
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GENERAL
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2.1
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The Company agrees to hire the Equipment in accordance with the Contract and these terms and conditions.
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2.2
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All Quotations and the acceptance by the Company of any Order is on the understanding that the Customer accepts these terms and conditions. These terms and conditions shall form the basis of the Contract notwithstanding anything to the contrary in any other terms and conditions of or referred to by the Customer and unless expressly varied in writing by an authorised representative of the company.
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2.3
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Subject to sub-clause 2.2 hereof no employee, agent or other representative of the Company shall be empowered to waive the rights of the Company hereunder or vary these terms and conditions orally or otherwise.
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2.4
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Orders whether received as a result of a Quotation or otherwise are subject to acceptance by the Company.
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HIRE OF EQUIPMENT
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3.1
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The period of hire shall commence from the time and date when the Equipment is delivered in accordance with clause 5 and shall terminate when the Equipment is returned to the Company’s premises.
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3.2
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Hire Charges
(a) Hire charges shall be at the rates shown in the quotation provided by the Company’s. This quotation shall remain valid for a period not less than 14 days unless otherwise stated. The Company reserves the right to alter the hire charge for Equipment already on hire by written notice to the Customer.
(b) There is a minimum hire period. This minimum should be communicated to the customer as part of the formal quotation.
(c) Quotations are subject to confirmation upon receipt of an Order and the Company reserves the right to amend any accidental errors and/or omissions and Quotations or invoices.
(d) Hire charges are at the discretion of the Company. The Company will not, however, alter the hire charge quoted on a Quotation provided that an Order is received within 14 days or other period of time as stated on the quotation. Unless the Company has specified in writing to the contrary.
(e) The Company reserves the right to revise hire charges where conditions change between the date of Quotation and the date of delivery.
(f) Hire charges quoted shall not include Value Added Tax or any other taxes or duties.
(g) Delivery charges from the company to the customer shall be in addition to the rental charge, unless otherwise agreed in writing
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Ownership
The Equipment shall remain the property of the Company and is provided to the Customer solely on a rental basis.
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3.4
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Customer’s Obligations
During the continuance of the Contract the Customer shall:
(a) Keep the Equipment at the delivery address or as specified in the Contract and in its own possession and not remove the same from such address without first giving written notice to the Company of its destination and in any event, not allow the equipment to be transferred to any country prohibited by the Department of Trade and Industry.
(b) Not assign the benefit of the Contract without the prior written consent of the Company.
(c) Permit an authorised representative of the Company at all reasonable times to enter upon premises where the Equipment may be inspected, maintained, repaired or tested.
(d) Repay the Company on demand all costs, charges and expenses incurred in any way by reason of its breach of any of these terms and conditions including but not limited to all costs, charges and expenses incurred in ascertaining the location of the Equipment.
(e) Take all reasonable and proper care of the Equipment, keep the Equipment in good condition and not subject the same to any misuse (normal wear and tear excepted) and indemnify the Company against any loss or damage to the Equipment.
(f) Ensure that any instructions or manuals supplied by the Company for use of the Equipment will be fully observed.
(g) Take all necessary steps to ensure that the Equipment will be safe and without risks to health and safety when properly used by it.
(h) Ensure that the Equipment is operated in a skilful and proper manner and by persons who are competent to operate the same.
(i) Permit the Company on reasonable notice to inspect and/or repair the Equipment.
(j) Preserve on the Equipment the Company’s and any manufacturer’s identification number or mark or any nameplate that is or should be upon the Equipment.
(k) Arrange and maintain at its expense adequate insurance for the Equipment satisfactory to the Company. Such insurance shall cover all loss and damage to the Equipment and also all risks to third parties in connection therewith. Such insurance shall commence from the time and date of delivery for the period of hire up to and including the date when the Equipment is delivered back to and received by the Company and acknowledged by it in writing.
(l) Notify the Company in writing of any loss, damage or claim relating to the Equipment and on demand, reimburse the Company in respect thereof within thirty (30) days of the occurrence. The Company shall continue to charge the Customer the full hire charge for the Equipment until such payment is received. The Customer shall be liable under this clause for the full cost of replacing the Equipment.
(m) Not sell, assign, sub rent, transfer or charge the Equipment or any part thereof or the benefit of the Contract or part with possession of the Equipment or any part thereof at any time during the period of hire.
(n) Not make any alterations, modifications or technical adjustments or do or, subject to sub-clause 3.6 attempt any repairs to the Equipment without the prior written consent of the Company and the Customer acknowledges that any items or non-expendable material not returned to the Company will be charged the Customer at full replacement cost.
(o) Not by any act or default render the Equipment liable to any distress, execution or other legal process or suffer the appointment or presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986.
(p) Punctually pay all duties and taxes concerning the Equipment.
(q) Procure that by the terms of any mortgage, charge or debenture of or in respect of its assets or any premises or vessel in which the Equipment may be installed or stored no rights whether present, future or contingent are created or become exercisable in respect of the Equipment notwithstanding that the Equipment may be or have become a fixture thereof. The Customer acknowledges the right on the part of the Company to notify any mortgagee or chargee from time to time of the Equipment and of such of these terms and conditions as the Company shall consider appropriate.
(r) Upon expiry of the period hire, return the Equipment at its expense to the Company unencumbered and in good repair and condition.
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3.5
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Cancellation
The customer shall not cancel the Contract or any part thereof prior to commencement of the hire of the Equipment unless the Company gives written consent including terms which fully indemnify it against any loss, damage or claim in respect thereof.
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3.6
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Maintenance
The Customer shall notify the Company if any maintenance of the Equipment is required. Maintenance and repairs shall be undertaken by the Company Provided That the Customer at its expense returns the Equipment to the Company.
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4.
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SALE OF EQUIPMENT
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4.1
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General
Subject to Clause 8, the Company gives no warranty in respect of the Equipment.
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4.1
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Retention of Title
Ownership of title to the Equipment shall remain with the Company and shall not pass to the Customer.
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5. DELIVERY AND RISK
Delivery shall be deemed to take place when the Equipment leaves the Company’s premises and is placed in transit to the Customer when the whole risk shall pass to the Customer. The Company shall endeavour to adhere to delivery dates but time shall not be deemed to be of the essence and the Company shall not be liable for any loss, damage or claim occasioned by or consequential on the non-delivery on the expected date or for delayed delivery. Deliveries offered ex-stock are subject to the Equipment being available at the date of receipt of the Order. In case of unforeseen delay in delivery, the Company will notify the Customer as soon as reasonably practicable.
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6. CARRIAGE
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In addition to hire charge, the Company may make a separate charge for outward delivery and/or collection as the case may be. The Company’s packaging materials are chargeable in full if not returned upon completion of hire. All carriage and packing charges will be invoiced at cost plus ten (10) per cent unless agreed in writing to the contrary.
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7. PAYMENT
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All invoices for hire charges are payable within thirty (30) days of the invoice date. Hire charges are net and no deduction or settlement discounts are allowed. The Company may charge and the Customer shall pay interest on any overdue payment as a rate of 4 per cent above the base rate of the Bank of England.
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8.
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DEFECTS AND LIABILITY
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8.1
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Whether the Customer is hiring or purchasing the Equipment, it shall notify the Company of any defects in the Equipment within twenty-four (24) hours of receipt by it. Failing such notification, it shall be conclusively presumed as between the Company and the Customer that the Equipment has been received in good condition and in every way satisfactory for the Customer’s purposes. The Company does not give any warranty as to the quality of the Equipment nor as its fitness for the purposes of the Customer. The Company does not warrant that the Equipment corresponds with any description or specifications either contained in catalogues or given verbally. The Company accepts no responsibility whatsoever (except such as cannot by law be excluded) for any claims of any kind resulting from the use, nature or condition of the Equipment during the period of hire irrespective of negligence on the part of the Company. The Company shall in no circumstances be responsible for any loss of use, loss of profits or any consequential loss of any kind suffered by the Customer or any other party in any way connected with the Contract or the use, nature or condition of the Equipment.
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8.2
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The liability of the Company including that for breach of contract, negligence, strict liability, in delict or otherwise for the Equipment and the Customer’s remedy in respect thereof is limited as follows. The Company will repair or replace the Equipment or any part thereof (excluding installation) Provided that the Equipment or any part thereof is returned by the Customer at its expense to the Company’s premises for inspection and provided further that such of the Equipment or any part thereof is accepted by the Company as defective from the time of delivery.
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9. FORCE MAJEURE
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The Company shall not be liable to the Customer for any loss, damage or claim suffered by the Customer directly or indirectly as a result of the Company’s failure or delay in performing any of its obligations under these terms and conditions where such failure or delay is caused by an occurrence beyond the reasonable control of the Company. In the event that the Company is unable to fulfil its obligations because of such force majeure it shall give written notice to that effect to the Customer stating the particulars and the period of time that it is likely to be unable to perform its obligations.
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10. SEVERANCE
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If any provision is or becomes illegal, invalid or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby.
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11. WAIVER
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No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
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12. TERMINATION OF CONTRACT
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If the Customer shall make default in payment, or commit any breach of the Contract or if any distress or execution shall be levied upon the Customer’s property or assets, or if the Customer shall make or offer to make any arrangement or composition with creditors or become apparently insolvent or commit any act of bankruptcy, or if any petition of bankruptcy shall be presented or made against him or her, or if the Customer is a limited company, a resolution or petition to wind up such company (other than that for the purposes of amalgamation or reconstruction) shall be passed or presented, or if a liquidator or receiver or administrator of such company’s undertaking property, assets or any part thereof shall be appointed, the Company shall have the immediate right to terminate the Contract and to declare all sums due and to become due hereunder either for the full term of the rental period of the Equipment as the case may be immediately due and payable. The Company may demand that the Customer returns all Equipment in the same condition as delivered, ordinary fair wear and tear excepted, at the Customer’s risk and expense to such location as the Company may designate. The Company may enter upon any premises where the Equipment is located and take immediate possession of and remove the same, all without court order or other process of law and all without any liability but without prejudice to all rights or remedies available to the Company in respect of the non-payment or any other breach of the Contract of these terms and conditions by the Customer.
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13. HEADINGS
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The headings in these terms and conditions are inserted for convenience only and shall not affect the construction hereof.
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14. NOTES
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Any notice required to be given hereunder shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may have from time to time been notified for this purpose.
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