Definitions

In this Agreement the following words and expressions have the meanings specified in this clause unless state expressly to the contrary.

Collection Address
the collection address shown on the Quote or such other address agreed between us and you in writing;

Delivery Address
the delivery address shown on the Quote or such other address agreed between us and you in writing;

Equipment
the items being hired by you listed in the Quote including all component parts, records, log books, manuals and handbooks for it and all replacements, renewals of, additions to and substitutions for it;

Hire Fee
the total fee set out in the Quote;

Hire Period
the period beginning when the equipment leaves our premises and ending on the return to our premises;

The Equipment

We agree with you that the Equipment:Substantially conforms to the specification of it given by us; is of satisfactory quality; and is fit for any purpose held out by us as the purpose for which you wanted the Equipment.

If any of the Equipment breaks down or is damaged and is in need of repair during the Hire Period you will not attempt to repair the Equipment. We will:

If any of the Equipment breaks down or is damaged and is in need of repair due to anything done or not done to the Equipment by you and/or anyone other than our authorised personnel you will not attempt to repair the Equipment but will immediately notify us and we will use reasonable endeavours to arrange the repair for which we will make a charge to you for parts and labour at our usual work shop hourly rates. If we are unable to repair the Equipment we will use reasonable endeavours to replace it and make a charge to you for such replacement.

Payment

You agree that you will pay the Hire Fee punctually without any deduction, counterclaim, or set-off (whether at law or in equity) in cleared funds either:-

prior to the Delivery Date; or if agreed with us, within 30 days of the date of our invoice to you.

Any additional charges shall be paid in cleared funds within 30 days of our invoice to you.

You will pay Interest to us on any money that is not paid on the due date for payment from the due date for payment until the actual date of payment.

Interest will be compounded annually.

You agree that you will:

Inspect the Equipment on delivery of it to you or on your taking possession of it; notify us in writing and as soon as reasonably practicable of any defect in the Equipment.

Delivery and collection of the Equipment

We will use reasonable endeavours to deliver the Equipment to you at the Delivery Address on the delivery date and at the delivery time shown on the Quote.

We will use reasonable endeavours to collect the Equipment from you at the Delivery Address on the collection date and at the collection time shown on the Quote and you agree that you will make the Equipment available for collection at such date and time in a condition that complies with the full performance of your obligations under this Agreement. If any of the Equipment is not available for collection by us we may make a charge for the continued hire of such Equipment at our usual rates until such Equipment is returned to us or replaced by you.

Our delivery and collection charges are those set out in the Quote. However, if you require delivery or collection other than at the times set out in the Quote, this may incur extra charges.

If we have to attend the Delivery Address on more than one occasion for delivery and/or collection, we will make a charge for each additional journey made.

You will provide suitable access and parking for delivery and collection of the Equipment. You agree to pay any parking fines incurred by us on delivery and/or collection of the Equipment.

We and you will: be present at the delivery of the Equipment; if required by us, you will sign a receipt confirming that you have inspected the Equipment and found it to be in good condition and complete.

Use of the Equipment

You agree that you will use the Equipment, in a skilful and proper manner, operated by suitably competent individuals not under the influence of drugs or alcohol and with constant supervision if the Equipment is being operated in the vicinity of children; in accordance with any operating instructions issued for it; You agree that you will not modify the Equipment. You agree that you will not do anything that leads any person to attempt to seize, distrain, take possession of, or to attempt to execute any civil recovery or judgement on the Equipment. You agree that any equipment used in conjunction with or attached to the Equipment conforms to any relevant legislation and safety requirements.

Loss of the Equipment

8We will treat the Equipment as lost if it is not available for inspection by us on reasonable notice or not available for collection. You will be charged for any lost Equipment at the full replacement value together with a sum equivalent to the amount of income lost by us due to the loss of the Equipment.

Insurance

You agree that you will keep the Equipment insured for its replacement value against all risks on a comprehensive policy without restriction or excess. You will indemnify us against all loss or damage to the Equipment that happens before we have retaken physical possession of it to the extent that we are not indemnified by the insurance money.

Possession of the Equipment

You agree that you will keep the Equipment in your own possession and not sell, assign, mortgage, charge, pledge, lend, hire and part with possession of the Equipment.

Ownership

You acknowledge that we will at all times retain ownership of the Equipment and you will have no right of ownership in the Equipment.