1 GENERAL
The
following terms and conditions constitute the entire agreement between you (the
Hirer) and Nabishi UK Ltd (the Owners). Unless otherwise agreed in writing by
the Owners, these terms and conditions will attach to all transactions between
the Hirer and the Owners.
2 PERIOD OF HIRE
The
term of the hire shall be for a minimum of one week and continue thereafter for
COMPLETE weekly periods. In addition at the end of the hire IT IS THE HIRER'S
RESPONSIBILITY TO INFORM THE OWNERS OF THE TERMINATION OF HIRE BY TELEPHONE OR
FAX.
3 HIRE CHARGES
The
charges for rental shall be at the rates current at commencement of the Hire.
PART OF A WEEK TO BE CHARGED AS IF IT WERE A FULL WEEK. A week is taken to be
seven consecutive days, including the day the hire commences, charges for a
month are based on a complete calendar month, extensions may be on a weekly
basis. At any time the Owners reserve the right to alter rental charges delivery
and collection charges, any discounts and the contents of the catalogue without
prior notice. There is a minimum hire charge of £200.00 excluding transport
charges which the Hirer accepts upon commencement of the hire irrespective of
its duration.
4 COMMENCEMENT AND TERMINATION OF HIRE
THE
HIRE COMMENCES ON THE DAY THE EQUIPMENT IS COLLECTED BY THE HIRER FROM THE
OWNERS PREMISES OR THE DAY FOLLOWING DESPATCH FROM THE OWNERS PREMISES AND
CONTINUES UNTIL AND INCLUDING THE DAY THE HIRER RETURNS THE EQUIPMENT TO THE
OWNERS PREMISES OR, IN THE CASE OF DELIVERIES WITHIN THE EUROPEAN UNION (EU),
NOTIFIES THE OWNERS THAT THE EQUIPMENT IS AVAILABLE FOR COLLECTION AND OBTAINS
AN 'OFF-HIRE' NUMBER FROM THE OWNERS. It is the Hirers responsibility to inform
the Owners of intentions to either terminate or extend the hire. Where equipment
is being returned or collected by the Owners' Transport or appointed agent the
hire will terminate when the equipment is received by the Owners transport or
their appointed agents. It is the Hirer's responsibility to obtain from an
authorised member of the Owner's staff a written acceptance of receipt of the
equipment when returned by the Hirer's own transport. If the equipment is not
received at the Owners premises or the Hirer fails to make equipment available
for the Owners' transport or appointed agent on or prior to the last day of the
rental period, the period of hire shall be deemed to continue as referred to in
clause 2 above and the Owners shall reserve the right to levy a minimum of £100
"Failed Collection Charge".
5 DELIVERY AND COLLECTION CHARGES
In
addition to the hire charge, separate charges 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 up to a distance of 50 miles
radius from the Owners premises may be made by the Owners' transport in
accordance with the Owners' standard scale of charges.
(b) Delivery within the UK over a 50 mile radius from the
Owners premises may be made by the Owners appointed agent, in accordance with
the Owners standard scale of charges. Where the Hirer has requested collection
by the Owners appointed agent from the Hirers premises a charge will be made in
accordance with the Owners standard scale of charges otherwise the Hirer will be
responsible for the return of the said equipment by his own transport or
appointed agents. Details of the Owners standard scale of transport charges for
all methods of delivery and collection of equipment are available upon request.
Other transport services must not be used without the express permission of the
Owners. ALL CASES MUST BE MARKED 'FRAGILE'.
(c) All packaging materials are chargeable if not returned or
returned damaged at termination of hire.
(d) No equipment may be removed overseas unless the Owners
prior agreement in writing has been obtained. 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 full 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 which may occur during
transit for whatever cause in accordance with clause 4 above.
6 ACCEPTANCE CONDITIONS
Acceptance
of delivery of the equipment by the Hirer or his agent will be conclusive
evidence that the said equipment has been examined and found to be complete in
accordance with the manufacturer's description, in good order and condition, fit
for any purpose for which it may be required and in every way satisfactory.
7 INDEMNITIES
Any
claim for damages by the Hirer against the Owners arising out of the Hirer's use
of the equipment shall, subject to the Owners admitting liability or being found
liable for such damages, be limited in amount to the total amount of the rental
payments paid by the Hirer for the equipment to the Owners as at the date of the
Owners receiving notification of any such claim. The Hirer shall be solely
responsible for and hold the Owners 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. The Owners shall
not be liable for any loss other than death and personal injury which may arise
out of or in connection with the failure of the said equipment for whatever
reason. Save as provided by Law, the Owners exclude all warranties relating to
the equipment and the Hirer's use thereof except as specifically stated herein.
8 HIRER'S OBLIGATIONS
The
Hirer agrees with the Owners 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 in writing by the owners.
(b) Not to allow the said equipment to be transferred to any
country prohibited by the Department of Trade and Industry or the Bureau of
Export Administration.
(c) To permit the Owners or their authorised representatives
at all reasonable times to enter upon the premises or vessel where the equipment
may from time to time be kept to inspect, maintain, repair and test the same.
(d) To repay to the Owners on demand all costs, charges and
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,
charges and expenses incurred in ascertaining the whereabouts of the equipment.
(e) To keep the equipment in good condition and not subject to
any misuse or wear and tear over and above that consistent with normal and
reasonable use (including but not limited to use conflicting with the equipment
manufacturers' recommendations).
(f) To preserve the Owners and manufacturer's identification
numbers or mark or any nameplate that there should be upon the said equipment.
(g) TO ASSUME UPON RECEIPT OF THE EQUIPMENT UNTIL RETURNED TO
THE OWNERS OR THE OWNERS 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.
See clause 8(1) below for 'Insurance Option'.
(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 new cost of replacing the equipment.
(i) Not to sell, assign, let on hire or transfer the benefit
of hire contract in whole or in part or to part with possession of the said
equipment or any part of it at any time during the hire.
(j) Not to make any alterations, modifications, or adjustments
or attempt any repairs to the equipment.
(k) In the event of any breakdown or alleged defect in the
equipment:-
(i) The Hirer shall give written notice to the Owners within
24 hours of the discovery of the alleged defect specifying the nature of the
defect.
(ii) The Hirer shall make no further use of the equipment
alleged to be defective after the time at which the Hirer discovers that it is
defective.
(l) Insurance Option. As an alternative to clause 8(g)
above and subject to payment of a premium calculated at a rate of 5% of the
gross hire charge, the Owners undertake to arrange insurance to cover the risks
of loss or damage to the hire equipment from any occurrence whilst in transit
from the Owner's premises to Hirer's premises as agreed, whilst there and during
subsequent re- delivery to the Owner's premises. This cover will be subject to
the following limitations:-
(i) Insurance option must be exercised prior to commencement
of hire.
(ii) Minimum premium of £5.00
(iii) Excluding rust, corrosion and electrical or mechanical
derangement unless caused by a defined accident and excluding equipment left
unattended on an unsecured site.
(iv) Excluding theft unless following violent and forcible
entry or exit from Hirer's premises.
(v) Liability is limited to a total at any one location of £250,000.
(vi) Cover is not applicable to equipment hired for open
exhibition purposes.
(vii) All accessories and consumables are excluded.
(viii) "Premises" includes motor vehicles.
(ix) Equipment left in vehicles is covered provided the
vehicle is securely garaged.
9 OWNER'S OBLIGATIONS
The
Owners will maintain the said equipment at no cost to the Hirer and will provide
such service at the Owners premises during normal business hours save that the
Hirer will be liable for the cost of any repairs necessary as a result of a
breach of clauses 8(j) or 11. In the event of failure of any item of equipment
whilst on hire, the Owners shall use their best endeavors to supply free of
charge an identical or similar item of equipment within 24 hours of notification
for UK based equipment, and within 72 hours of notification for equipment within
Europe other than the UK. Replacement time of equipment at locations other than
the UK or Europe will vary. Transportation costs for destinations other than the
UK or Europe will be charged.
Replacement of equipment at locations other than the UK or
Europe are subject to shipping times applicable to the delivery destination.
Transportation costs as appropriate to that destination may be levied.
10 TERMINATION
At
the termination of the hiring by either party and in the case of a hiring for a
fixed period no later than the end of such period, the Hirer will make the said
equipment available for collection by the Owners in accordance with clauses 4
and 5 above.
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