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General Conditions
of Hire
1. DEFINITIONS
In these Terms of Hire the following meanings
shall apply:
“ We” and “Us”
means Carrier RentalXpress Ltd. and “Our”
shall be interpreted accordingly. “You”
means the person, their employees, agents,
company, corporation, public authority
or body seeking to hire Equipment from
Us and “Your” shall be interpreted
accordingly. The “Equipment”
means the hired items referred to in the
contract and/or services to be supplied
by Us. These conditions exclude any terms
and conditions you may have put forward,
prior to or after the date of this contract,
except where we have agreed to any amendments
or other conditions in writing. These
Conditions do not affect the statutory
rights of a person dealing as a consumer
as defined by the Unfair Contract Terms
Act 1977 or any statutory amendment of
that Act.
Hire Period means the time from the date
agreed for the start of the hire or Despatch
(whichever is the earlier) until the Equipment
is Returned.
Working Day means any day on which We are
open for business.
Despatch means the transfer of possession
of Equipment to You whether collected
by You or delivered by Us and Despatched
shall be interpreted accordingly.
Return means the re-transfer of possession
of the Equipment to Us in a Satisfactory
Condition whether delivered by You to
Us or collected by Us and Returned shall
be interpreted accordingly.
Satisfactory Condition means clean undamaged
and unaltered as determined in Our sole
discretion.
2. SAFETY AND
INSTRUCTIONS
a) It is your responsibility to make sure
that all people who use the equipment
are properly instructed in its safe and
correct use and they are in possession
of the instructions supplied by Us.
3. THE CONTRACT
a) All orders are accepted by Us only
under these Terms which may not be altered
except with Our written agreement. Any
contrary or additional terms unless so
agreed are excluded. Written quotations
are open for 7 days
b) Orders may be cancelled only with Our
written agreement and You will indemnify
Us against all losses damages costs and
expenses We incur as a result of that
cancellation.
4. MAXIMUM PERIOD
OF HIRE (If You are not incorporated)
a) If You are an individual or partnership,
or an unincorporated body of persons,
the contract including any amendment or
variation to it will end within 3 months
from the start of the Hire Period. The
Equipment must be Returned to Us by the
close of business the day before the expiry
of the 3 month period. If you fail to
do this we will be entitled to charge
for any financial loss this causes Us.
5. HIRE CHARGES
& HIRE PERIOD
a) Hire Charges are payable during the
Hire Period.
b) The Hire Charges as stated or quoted
are exclusive of VAT and are subject to
change on 28 days written notice both
before or during the Hire Period. Any
discounts deductions or rebates agreed
are only available if the Hire Charges
are paid by the due date.
c) Hire Charges stated or quoted are applicable
to the quantity, specification, delivery
dates, length of hire and information
provided by You. If the order placed varies
or delay is caused by Your instructions
or lack of instructions We shall be entitled
to adjust the Hire Charges. Additional
charges will be made for the supply and
fixing of accessories, extras or additions.
d) Hire Charges stated at weekly rates
accrue daily (including the day of Despatch
and Return, Bank and Public Holidays)
each day or part day accruing at 5th of
the weekly charge. No allowance is given
if the Equipment is not used even if this
is outside Your control.
e) Minimum Hire Periods apply as stated
or quoted and no refund or credit is given
if the hire terminates early for whatever
reason.
f) A minimum hire period discount is provided
at the start of the contract for the agreed
minimum hire period. Should the hire continue
past the minimum hire period the same
discount applies for the entire length
of that contract until terminated.
6. PURCHASE OF
HIRE EQUIPMENT
a) If You subsequently purchase the Equipment
no credit will be given for Hire Charges,
including minimum hire charges, which
have already accrued and further Hire
Charges shall continue to accrue until
You have paid to Us the agreed purchase
price.
7. PAYMENT
a) If We have agreed in writing to give
You credit, all invoices must be paid
in full 30 days after the date of Our
invoices. Where no such facility has been
granted You shall pay Us before the hire
commences the Minimum Hire Charge and
Deposit as notified to You. If the hire
continues after the Minimum Hire Period
invoices will be issued monthly in advance
and are payable on receipt. The Deposit
will be returned to You when We are satisfied
You have no further liability to Us whether
actual or contingent. Credit is granted
and may be reviewed at any time at Our
discretion. We reserve the right to demand
payment at any time and to refuse to execute
any order or contract if the arrangements
for payment or Your credit rating is not
satisfactory to Us. You may not withhold
payment of any invoice or other amount
due to Us by reason of any right of set
off or counterclaim which You may have
or allege to have for any reason.
8. DESPATCH OF
EQUIPMENT
a) Hire charges do not include carriage.
b) You will pay to Us any agreed charges
for delivering or collecting Equipment.
Despatch dates and/or times are given
by Us in good faith but are estimates
only. We shall not be liable for any damages
whatsoever whether direct or indirect
(including for the avoidance of doubt
any liability to any third party) resulting
from any delay by Us in Despatch and/or
Return of the Equipment or failure to
deliver the Equipment in a reasonable
time whether such delay or failure is
caused by Our negligence or otherwise
howsoever.
c) You will pay for any further time or
attendance including any attempt by us
to carry out your pre-arranged instructions
for delivery or collection which is unsuccessful
due to your acts or omissions.
9. INSPECTION
a) At the time of Despatch You shall inspect
the Equipment and unless You advise Us
by telephone immediately and written notice
is received by Us within 3 Working Days
of Despatch of any claim for short delivery
or failure to conform with the contract
apparent on inspection the Equipment will
be deemed to have been Despatched in accordance
with the delivery documents.
b) Our liability for short delivery or
failure of the Equipment to conform to
the Contract which is apparent on inspection
is limited to supplying the Equipment
as ordered. We shall not be liable for
any damages whatsoever for short delivery
or failure of the Equipment to conform
to the Contract which is apparent on inspection
howsoever caused. You remain liable to
pay the full invoice price of Equipment
delivered or available for delivery in
accordance with the Contract. Any other
claim for damages is subject to Clause
10.
10. RETURN OF
EQUIPMENT
a) Hire Charges continue and the Equipment
remains your responsibility until the
Equipment is Returned to Us.
b) We require a minimum of 1 (2 in the
week before Easter and Christmas Bank
Holidays) Working Days notice before the
receipt of that notice You will be provided
with an Off Hire Number but hire charges
continue until the equipment is returned.
c) If the Equipment is to be collected
by Us and is in a Satisfactory Condition
when We attend to collect it Hire Charges
will cease on expiry of the notice given
by You under Clause 10 b.
d) We will count the Equipment on its
Return to verify quantity and issue a
Hire Return Ticket. You may attend this
count. Unless We receive written notice
of any dispute within 3 Working Days of
Your receipt of the Hire Return Ticket
the Equipment will be deemed returned
to Us in the quantities shown. The count
is not an inspection of the condition
of the Equipment. Equipment remains Your
responsibility until actual collection
occurs.
11. HIRER'S RESPONSIBILITIES
a) During the Hire Period You will not
without the written consent of a Company
Signatory remove the Equipment from the
site to which it was delivered or sublet
or part with possession of any of the
Equipment.
b)During the Hire Period You will not
repair alter or modify the Equipment or
interfere with Our identification marks
on the Equipment or any of Our signage
attached to the Equipment.
12. DAMAGE WAIVER
a) All hire contracts are subject to a
damage waiver of 7.5% of the total weekly
hire rate shown on the contract.
b) The Damage Waiver only covers damage
and cleaning of the equipment and does
not include Equipment lost or stolen,
or damaged beyond economic repair due
to your negligence.
13. NON RETURNED,LOST
STOLEN OR DAMAGED EQUIPMENT
a) You have full responsibility for the
care and safekeeping and return in good
order the Equipment.
b) You will pay to Us the current published
List price of any equipment which is lost
or stolen or damaged beyond economic repair.
You are advised to insure the Equipment
on this basis. You must not compromise
any insurance claim without our written
consent.
c) If the Equipment is not Returned in
a Satisfactory Condition, and you have
not paid the damage waiver (Clause 9),
You will pay Us the cost of cleaning repairing
and/or rectification (the Repair Charge).
If the Equipment is lost, stolen or in
Our sole opinion is damaged beyond repair,
You shall pay Us Our current published
List price of the Equipment (the Sale
Price). We shall give You 7 Working Days
written notice before starting any repairs
to allow for your inspection. The decision
to undertake repairs is at Our sole discretion.
This is without prejudice to our other
rights.
d) Hire Charges shall continue until the
Repair Charge or the Sale Price (as appropriate)
has been paid in full.
14. LIABILITIES
a) All times which we state or quote for
delivery or collection are approximate.
b) We will not be liable for any indirect
loss, loss of business, profits, savings
you expected to make, wasted money, wages,
fees or expenses, due to late delivery,
non delivery, unsuitability, breakdown
or stoppage of the equipment or any part
of it.
c) We will not be liable for any costs
relating to Your damage, negligence, misuse,
alteration or repair of the Equipment
or abnormal working conditions.
d) Without prejudice to any other provisions
of these Terms in any event Our total
liability for any one claim or for the
total of all claims arising from any one
act of default on Our part (whether arising
from Our negligence or otherwise) shall
not exceed the Hire Charges relating to
the Equipment the subject matter of any
claim.
15. NON-PAYMENT/INSOLVENCY
a) Insolvent means You ceasing to pay
Your debts in the ordinary course of business
or being unable to pay Your debts as they
become due or You ceasing or threatening
to cease to carry on Your business.
b) Associated Company means Your subsidiary
or holding company as defined in Section
736 and Section 736A of the Companies
Act 1985 or a subsidiary of such holding
company, or any company over which Your
directors or shareholders have control
as defined in Section 840 of the Income
and Corporation Taxes Act 1988.
c) If You fail to pay any invoice or any
sum due to Us under any contract on the
due date or Your credit limit is exceeded
or You or Your Associated Company becomes
Insolvent or there is a material change
in Your or Your Associated Company's constitution
or You commit a material breach of this
contract and fail to remedy that breach
after being requested to do so all sums
outstanding between You and Us under this
and any other contract shall become immediately
due and payable and We shall be entitled
to do any one or more of the following
(without prejudice to any other right
or remedy We may have):
(i) charge interest on the monies outstanding
at the rate of 4 per cent above National
Westminster Bank Plc's base rate, published
daily and in force from the due date until
the date of payment after as well as before
judgement
(ii) withdraw Your right to quiet possession
of the Equipment and any implied licence
and authority You may have to use the
Equipment
(iii) cancel or suspend any further Despatches
to You under any contract without liability
on Our part
(iv) terminate this or any other contract
with You without liability on Our part.
(v) recover all or any of the Equipment
and for that purpose. We may with such
transport as is necessary enter upon any
premises occupied by You or to which You
have access and where the Equipment may
be or is believed to be situated.
d) You shall reimburse Us costs including
legal costs on an indemnity basis which
We incur in enforcing Our rights under
this contract including but not limited
to recovery of any sums due.
General
Conditions of Sale
1. DEFINITIONS
In these Terms of Sale the following meanings
shall apply:
“ We” and “Us”
means Carrier RentalXpress Ltd. and “Our”
shall be interpreted accordingly. “You”
means the person, their employees, agents,
company, corporation, public authority
or body seeking to buy Goods from Us and
“Your” shall be interpreted
accordingly. The “Goods” means
all goods to be sold by us to you. These
conditions exclude any terms and conditions
you may have put forward, except where
we have agreed to any amendments or other
conditions in writing. These Conditions
do not affect the statutory rights of
a person dealing as a consumer as defined
by the Unfair Contract Terms Act 1977
or any statutory modification of that
Act.
2 CONTRACT COMMENCEMENT
The contract comes into being when you
have placed an order giving details of
your requirements and have agreed to be
bound by these Conditions and we have
accepted your order.
3. PAYMENT
If We have agreed in writing to give You
credit, all invoices must be paid in full
30 days after the date of Our invoices.
Where no such facility has been granted
You shall pay Us before the delivery of
the Goods. Credit is granted and may be
reviewed at any time at Our discretion.
We reserve the right to demand payment
at any time and to refuse to execute any
order or contract if the arrangements
for payment or Your credit rating is not
satisfactory to Us. You may not withhold
payment of any invoice or other amount
due to Us by reason of any right of set
off or counterclaim which You may have
or allege to have for any reason.
4. RECEIPT
You, or the Recipient on your behalf,
will receive and unload the Goods and
should check them for quantity and condition
in the presence of the carrier. If there
is a shortage or if any of the Goods are
in an unsatisfactory condition, you or
the Recipient must so endorse the carriers
delivery document and must give a separate
written notice of this to us within three
days of delivery. If this condition is
not observed, no claim in respect of shortage
or of unsatisfactory condition of the
Goods will be entertained.
5. RISK AND TITLE
TO GOODS
a) The risk in the Goods will pass to
you immediately on delivery of the Goods
to you or to the Recipient.
b) The ownership of the Goods will remain
with us and we reserve the right to dispose
of the Goods until you have paid in full
for all Goods which we have supplied at
any time to you. Until such payment has
been made in full you will hold the Goods
on our behalf and will be under an obligation
to return them to us on demand. You will
permit us to enter any land or premises
of yours to recover our Goods.
6. LIMIT OF OUR
LIABILITY
a) All times which we state or quote for
delivery are approximate.
b) We will not be liable for any delays
caused by any circumstances beyond our
reasonable control.
c) We will not be liable for any indirect
loss, loss of business, profits, savings
you expect to make, wasted money, wages,
fees or expenses, due to late delivery,
non-delivery, unsuitability, breakdown
or stoppage of the Goods or any part of
them.
General
Conditions For Hire And Sale
a) This contract shall be governed and
interpreted according to English Law and
You agree to submit to the non-exclusive
jurisdiction of the English Courts.
b) Any reference in these Terms to any
Statute or Statutory Provision includes
a reference to that Statute or Statutory
Provision as from time to time amended
extended or re-enacted.
c) The headings in these Terms are for
convenience only and shall not affect
their interpretation.
d) If you comprise two or more parties
Your liability under this contract shall
be joint and several.
e) Except as provided otherwise in these
Terms We shall not be liable for any delays
or failures to perform any of Our obligations
under this contract due to any cause beyond
Our reasonable control.
f) The waiver by Us of any breach or default
of these Terms shall not be construed
as a continued waiver of that breach nor
as a waiver of any subsequent breach of
the same of any other provision.
g) If any clause or sub-clause of these
Terms is held by a competent authority
to be invalid or unenforceable the validity
of the other clauses and sub-clauses of
these Terms shall not be affected and
they shall remain in full force and effect.
h) This contract is personal to You and
it may not be assigned.
i) Termination of this contract shall
not affect rights and obligations which
have already accrued at the time of termination.
General Conditions
of Sale though the internet
1.
DEFINITIONS
In these Terms of Sale the following meanings
shall apply: "We" and "Us" means Carrier RentalXpress
Ltd. and "Our" shall be interpreted accordingly.
"You" means the person, their employees,
agents, company, corporation, public authority
or body seeking to buy Goods from Us and
"Your" shall be interpreted accordingly.
The "Goods" means all goods to be sold
by us to you. These conditions exclude
any terms and conditions you may have
put forward, except where we have agreed
to any amendments or other conditions
in writing. These Conditions do not affect
the statutory rights of a person dealing
as a consumer as defined by the Unfair
Contract Terms Act 1977 or any statutory
modification of that Act.
2. CONTRACT COMMENCEMENT
The contract comes into being when you
have placed an order on our web site giving
details of your requirements and have
agreed to be bound by these Conditions
and we have accepted your order.
3. PRICES AND PAYMENT
All prices are in UK pounds sterling
and exclude VAT and carriage unless indicated.
We accept payment by Visa, Delta, Mastercard
and Switch. We try to keep the information
on this website correct including prices.
If however an error occurs in the price
or description we will notify you prior
to despatch allowing you to continue with
the order or cancel the order.
4. DELIVERY
We will endeavour to despatch goods
on the same day of ordering for next day
delivery. If you order after 3.00pm this
will be treated as a following day order.
We do everything we can to deliver goods
on the due day however there are times
when delivery times cannot be met or guaranteed.
We will inform you if we become aware
of any unexpected delay.
5. RECEIPT
You, or the Recipient on your behalf,
will receive and unload the Goods and
should check them for quantity and condition
in the presence of the carrier. If there
is a shortage or if any of the Goods are
in an unsatisfactory condition, you or
the Recipient must so endorse the carriers
delivery document and must give a separate
written notice of this to us within three
days of delivery. If this condition is
not observed, no claim in respect of shortage
or of unsatisfactory condition of the
Goods will be entertained.
6. COLOURS
Due to variations in monitors and
browsers the actual colour of units may
vary to that shown on the site.
7. RETURN OF FAULTY
GOODS
If there is a fault with your product
within 12 months of delivery we will normally
offer a prompt repair, exchange or refund.
If the fault occurs within 14 days of
delivery we will always offer an exchange
or refund.
To qualify for a refund or exchange the
product must be:
a.
In otherwise “as new”
condition
b.
Complete with any accessories including
the original box, packaging and instructions
Please phone our after sales Department
on 0870 751 7002 (9.00am to 5.00pm Monday
to Friday)
Any refund due as a result of a fault or
other defect will include a refund on
the original delivery charge. We will
also pay for the costs of collecting goods
for replacement or refund.
This does not include faults caused by
accident, neglect or misuse. A refund
will be made on receipt of the goods.
If on receipt the goods are found to be
working correctly as per the original
manufacturers specification the goods
will telephone you and arrange the goods
to be returned or arrange a refund in
line with our policy stated in clause
8 if applicable.
8. RETURNS POLICY
– NON FAULTY ITEMS
Once submitting the order you have entered
a contract with us. If you decide that
you wish to cancel the order or return
the goods after deciding that they are
not suitable, for whatever reason (excluding
faulty goods – see clause 7.) you
should phone Customer Services on 0870
751 7002 in the first instance. This policy
only covers a 7 day period from the date
of receipt after which time no refund
can be claimed. Collection will be arranged
and on receipt of the goods we will arrange
a refund less 30% re-stocking charge plus
the cost of collection and the original
delivery charge.
To qualify for a refund the product must
be:
a. In “unused”
condition
b. Complete
with any accessories including the original
box and packaging
5. RISK AND TITLE
TO GOODS
a.
The risk in the Goods will pass to you
immediately on delivery of the Goods to
you or to the Recipient.
b. The
ownership and title of the Goods will
remain with us and we reserve the right
to dispose of the Goods until you have
paid in full for all Goods which we have
supplied at any time to you. Until such
payment has been made in full you will
hold the Goods on our behalf and will
be under an obligation to return them
to us on demand. You will permit us to
enter any land or premises of yours to
recover our Goods.
6. LIMIT OF OUR
LIABILITY
a. All
times which we state or quote for delivery
are approximate.
b. We will
not be liable for any delays caused by
any circumstances beyond our reasonable
control.
c. We will
not be liable for any indirect loss, loss
of business, profits, savings you expect
to make, wasted money, wages, fees or
expenses, due to late delivery, non-delivery,
unsuitability, breakdown or stoppage of
the Goods or any part of them.
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