INTERPRETATION

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“Owner” means RED SURVEY LIMITED (Registered in England and Wales under number 06632266)

“Hirer” means the company, firm or individual hiring Equipment 

“Equipment” means goods/products supplied by the Owner for hire

“Terms and Conditions”means the standard terms and conditions of sale set out in this document

 

TERMS & CONDITIONS OF HIRE

 

1. These conditions are subject to English law and any variation may only be agreed in writing.

2. Red Survey Limited make no representation or warranty that the Equipment is suitable for the hirers purpose whether made known to Red Survey Limited or not.

3. The Equipment let out on hire always remains the property of Red Survey Limited. (Hereinafter referred to as the Owner) and the Hirer will not sell or hire out or lend unless by arrangement with the Owner.

4. The Hirer shall completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons and/or damage to property caused by or in connection with, or arising out of the use of the Equipment, and in respect of all costs and charges in connection therewith, whether arising under common or statute law.

5. Any literature provided to the Hirer shall not constitute a representation to the Hirer and exclude from these standard conditions of hire. The Company makes no representation or warranty that the Equipment is suitable for the Hirer’s purposes, whether made known to the Company or not.

6. During the continuance of this Agreement, the Hirer will keep the said equipment in good condition and repair and in the case of the damage or loss by fire or otherwise will indemnify the Owner from all loss of and damage to the equipment.

7. The Equipment is to be collected by the Hirer from the Owner’s business premises and returned to the same address on the completion of the hire.  Hire commences at time of collection and is deemed to continue until the Equipment is received back by the Owner. No allowance will be made for inclement weather or any other reason whatsoever beyond the Owner’s control. 

8. In accepting delivery of the equipment, the Hirer thereby agrees that the equipment has been inspected, it is of satisfactory quality, free from defect and is suitable for the purpose of the Hirer.

9. When the Equipment is delivered by the Owner in the absence of the Hirer or their representative, a Hire Document will be forwarded to the Hirer’s address and deemed to be conclusive proof of delivery of the Equipment listed thereon in good clean working order.

10. The Hirer shall not misuse the Equipment. Equipment must be returned in the same condition as supplied (except for fair wear and tear), otherwise a charge for cleaning, reconditioning, renewing or replacing, will be made as considered necessary by the Owner.

11. In the event of any Equipment becoming defective, faulty or stolen, the Hirer must immediately communicate with the Owner who will make every reasonable endeavour to rectify the defect or to supply replacement Equipment. Equipment stolen shall be deemed remaining “On Hire” until the goods are returned, or the account settled. Equipment damaged, shall be deemed remaining “On Hire” until the goods are returned from repair.

12. All Equipment not returned will be charged for at the Owner’s Standard Selling Price. Hire charges will not be taken into account in calculating amounts due under this clause.

13. In the event of cancelled forward bookings, the full hire charges are still payable if the same equipment cannot be hired to another customer for the same period.  In any event, 20 per cent of the hire charges will still be payable.

14. Periods of hire less than one month will be charged daily, weekly or monthly rates. Over one month, charges will be made on a month-by-month basis or part of a month pro-rata, taken up to the nearest week. The period of hire shall be a minimum of one week and thereafter pro-rata, daily basis (based upon 5 day working week). Notice of termination of hire is the responsibility of the Hirer.

15. Not less than 24 hours’ notice must be given to the Owner if the Hirer wishes the Equipment to be collected. When Equipment is collected by the Owner a ‘Collection Ticket’ will be issued, but this shall be conclusive only as to quantify and not as to condition.  When Equipment out on hire is to be collected from its location by the Owner, on the instructions of the Hirer, the Hirer remains responsible for the safekeeping of the Equipment until collection is affected. 

16. In the event of Equipment not being available for collection by the Owner when the Hirer has specified a collection time, a charge will be made for the wasted journey.

17. Although every effort is made to supply all Equipment at the time requested, no liability or responsibility can be accepted in respect of late or non-delivery, mechanical breakdown, or other circumstances beyond our control.

18. The Hirer during the continuance of the hiring shall not sell or offer for sale, assign, pledge, underlet or lend the said equipment to any other person and shall not create any lien on the equipment to any other person.  The equipment is to be used in the UK only unless by special arrangement with the Owners.

19. Although every possible precaution has been taken to ensure that the equipment is in good serviceable condition no liability whatsoever can be accepted by the Owners for the consequences of any failure or inaccuracies of the equipment.  The Hirer is expected to satisfy himself that the equipment is functional before attempting to use it on site.

20. If the Hirer shall make default in any payment, or Receiving Order in Bankruptcy be made against them, or if an execution or distress order shall be issued against the Hirer or if the Hirer, or if the being a Limited Company should call a meeting of its creditors, or should such Company be wound up compulsorily or go into voluntary liquidation, or have a Receiver appointed then the Owner shall forthwith have the right to take possession of the Equipment and shall be entitled to recover from the Hirer all arrears of rental and expenditure and any damages due in respect of any breach of this undertaking.

21. The Owner retains the right of access to any location where the Equipment may be for the purpose of repossession any Equipment should the Hirer contravene any of these conditions. Charges arising out of repossession will be made as considered necessary by the Owner.