MINIMUM
PERIOD HIRE AGREEMENT
RENTAL PERIOD
Regulated by the Consumer Credit Act 1974
GENERAL
In
these Terms & Conditions of Hire the following words
shall have the following meanings: -
"OWNER"
RoadPal 24 West St, Alresford,
Hampshire, SO24 9AT
"HIRER"
Means the Hirer of the Equipment
"EQUIPMENT"
Means those products or Equipment itemised on the Rental
Quotation or Delivery Note and these Terms & Conditions
shall apply to the agreement under which the Equipment is
to be supplied for rental
1.
AGREEMENT
This Agreement is a Hire Agreement; under its terms the
Owner hires the Equipment to you for the purposes of your
business. The Equipment does not become yours and you must
not sell it.
2.
YOUR OBLIGATIONS UNDER THIS AGREEMENT
You shall:
2.1 The Owner shall provide preventative maintenance in
accordance with the Contract on a scheduled basis agreed
with the Hirer and remedial maintenance to return the Equipment
to a satisfactory operating condition when required. Neither
the Hirer's personnel nor any third party employed by the
Hirer shall provide any part of the maintenance service
without the prior agreement of the Owner, which shall not
be unreasonably withheld.
2.2 Not modify the Equipment. The Owner reserves the right
to charge you for remedying any damage resulting from use
otherwise than in accordance with the manufacturer's instructions.
2.3 Keep the Equipment safe at all times and remove it from
its mounting when the vehicle is unattended.
2.4 It is your responsibility to insure the Equipment against
all risks for the value of the Equipment, which is £400,00.
2.5 Not sell, assign, let on hire or otherwise dispose of
part with possession of the Equipment or assign or charge
the benefit of this agreement.
2.6 Pay the rental and advance payment (where applicable)
on the due dates. Failure to remit payment constitutes a
repudiatory breach, time being of the essence for each and
every payment due.
3.
LIABILITY
3.1 The Equipment is at your risk.
3.2 The Owner hereby warrants to the Hirer that each item
of Equipment, when delivered, will be in fully serviceable
condition and complies with the manufacturer's proper specification.
3.3 The Owners liability hereunder will in no circumstances
exceed a sum equivalent to the total rentals received by
the Owner. The foregoing warranty and damages for breach
thereof are the exclusive warranty and damages for breach
thereof are in lieu of any oral representation and all other
warranties and damages whether implied or statutory. The
Owner does not warrant the merchantability of the Equipment
or its fitness or suitability for any particular purpose
or use. The Hirer should be solely responsible and hold
the Owners fully indemnified against any loss damage or
injury (including death) to persons or property occurring
in connection with any of the said Equipment or as a result
of the use thereof.
3.4 The Owner accepts no liability in contract or tort for
any loss, injury or damage, (including consequential or
financial loss) sustained by reason of latent, apparent
or patent defects in the Equipment, parts or consumables,
or late, or non delivery. This does not apply to death or
personal injury as a direct result of the Owner's negligence.
3.5 Notification of a defect to the Owner does not in itself
give you the right to vary or terminate this agreement,
but if the Owner does not receive such notice from you within
2 days of the acceptance date, then it will be presumed
that the Equipment is complete in good working order and
condition and fit for all purposes for which it may be required.
3.6 You acknowledge that the Owner is not responsible for
any loss damage or expense resulting from delay in the delivery
or installation of the Equipment.
4. PERIOD OF HIRE
4.1 The period of hire will be agreed at the outset.The
term of hire will be for a minimum of one week which is
7 days and daily thereafter. All hires start at 1pm on the
day of delivery and end at 1pm on the day of return.
5. COMMENCEMENT AND END OF HIRE
5.1 Hire commences on the day the Equipment is delivered,
to the Hirer's advised delivery point. End of hire is the
day the unit is handed to the post office for guaranteed
next day by 1pm service. late returns are payable at £10.00
a day plus VAT.
6.
OPERATING CONDITIONS
6.1 Unless notified in by the Hirer within twenty four hours
after the delivery has been effected it shall be conclusively
presumed that the Equipment was received in a fully serviceable
condition and in complete accordance with the customer's
order and manufacturer's description. The Hirer shall ensure
that the Equipment is in fully serviceable condition and
suitable for use at any site on which the Equipment is situated.
7.
TRANSPORTATION AND OTHER CHARGES
7.1 In addition to the hire charge a separate charge may
be made in respect of initial delivery, subsequent collection
and miscellaneous charges as previously agreed in writing.
It is the responsibility of the Hirer to arrange the prompt
return of the Equipment to our premises.
7.2 All packing materials are chargeable in full if not
returned upon completion of hire.
8. DELIVERY ADDRESS DETAILS
8.1 The hirer is responsible for ensuring that the delivery address is correct. If the company are not able to make delivery due to a wrong address being supplied then a charge of £20.00 + VAT will be made to cover our cost and loss of rental.
9.
DAMAGE TO AND/OR LOSS OF EQUIPMENT
9.1 The Hirer will in its use of the said Equipment observe
all the instructions that may be issued for the proper use
thereof and shall be entirely responsible for any damage
caused to the said Equipment through failure to observe
such instructions or failure to use the same in a proper
manner. The Hirer will be responsible for the replacement
cost of any damaged or lost components of the unit or any
repair. The Owner accepts no responsibility or liability
for any damage to or failure of operation of the Equipment
due to any incompatibility with any other Equipment used
by the Hirer and the Hirer shall bear all liability thereof.
10.
NON RETURN OF EQUIPMENT
10.1 The Hirer will be responsible for the safe return of
the unit and all its component parts. The Hirer will be
responsible for hire cost until such time as the unit and/or
any missing components are returned at the rate of £10.00
a day plus VAT.
11.
DEFAULT/TERMINATION
11.1 The Owner may by due notice in writing terminate this
agreement and/or the Hirer's right to possession of the
Equipment at any time during the continuance of the agreement
if any of the following events shall have occurred namely:
-
11.1.1 A repudiatory breach by you constituted by your failure
to observe or perform any obligation under this agreement
(including a failure to pay rentals on the due date whether
demanded or not)
11.1.2 Any distress, execution or legal process levied on
the Equipment or any premises where the Equipment may be
or upon any of your goods or other property or you permit
any Judgment against you to remain unsatisfied for seven
days
11.1.3 If you, being an individual, have an interim or final
bankruptcy order made against you or become subject to any
voluntary arrangement or are sequestrated or negotiate for
any composition arrangement or assignment with any of your
creditors
11.1.4 If you, being a body corporate, go into administration
or liquidation or have a Receiver or Administrative Receiver
appointed over all or any of your assets or are deemed under
Section 123 of the Insolvency Act 1986 to be unable to pay
your debts
11.2 Immediately upon termination you shall pay to the Owner
all arrears of rentals at the date of termination and as
agreed compensation for loss of profits, the aggregate of
all sums equal to all rentals which but for such termination
would have been payable but you during the remainder of
the terms of this agreement discounted for early payment
at the rate of 5% per annum and you shall also deliver the
Equipment to the Owner as hereinafter provided. Upon recovery
of possession of the Equipment the Owner will use all reasonable
endeavours to sell it and the net proceeds of sale will
be applied against your liability under this section.
11.3 Upon expiry of this agreement howsoever arising you
shall return the Equipment to the premises nominated by
the Owner. In default of delivery up the Owner shall be
entitled to enter into any premises where the Equipment
is situate in order to take possession of the same.
12.
CANCELLATION
12.1 Cancellation of order can only be accepted with the
Owners written consent on terms which indemnify the Owner
against loss.
12.2 There is a cancellation fee of £10 this is non-negotiable. You must provide 24 hour notice.
13.
NOTICES
13.1 Notice under the terms of this agreement shall mean
any notice, letter or demand in writing. Notices may be
given by either party to the other by posting the same in
the ordinary second class mail to the address of the other
party as advised by them or to such other address as may
previously have been advised in writing. Any notice shall
be deemed to have been received three days after posting
to the address supplied or advised. If the Hirer consists
of more than one person, a notice, letter or demand posted
to one of them at the address supplied will be deemed to
have been received by each of them three days after posting.
14.
CONSUMER CREDIT ACT
If the Hirer is a body corporate or a registered Charity
or if the total of the payments which it is required to
make under this agreement exceeds £15,001 including
VAT, then this agreement is not regulated by the Consumer
Credit Act 1974 and any statement herein or any copy hereof
to that effect and the consequences of regulation are inapplicable.
15.
JOINT HIRERS
Where two or more of you are parties to this agreement as
Hirers your liabilities hereunder shall be joint and several.
16.
ENTIRE AGREEMENT
The Owner hires the Equipment to you upon these Terms and
the Conditions which represent the entire agreement between
you and the Owner. Any variation to the Terms and Conditions
shall not bind the Owner unless the same is confirmed in
writing and signed by a Director of the Owner. Any failure
by the Owner to enforce the terms of this agreement at any
time or other indulgence granted to the Hirer shall not
operate as a waive as the rights of the Owner.
17.
TELEPHONE COMPUTER AND FAX SYSTEMS
We accept no responsibility for transmission line failure.
You are responsible for any necessary connection of the
system to a communication network facility or pre-connection
inspection and such connection will not affect the commencement
date.
18.
SOFTWARE
The following shall apply where software is supplied with
the Equipment :-
(a) The title to all software including programs and documentation
furnished by the Owner shall be retained by the original
manufacturer.
(b) The Hirer is supplied the use of the software only for
the rental term and the software should be used only on
the specific Equipment with which it was supplied. Use of
the software shall consist either of copying any portion
of the program from storage units or media into the CPU
or the processing of DATA with the program or BOTH
(c) The Hirer shall :-
(i) Hold all software in confidence and shall not disclose
it to anyone other than its employees and consultants who
require disclosure in connection with the Hirer's use of
Equipment and who are subject to confidentiality obligations
at least as strict as those set out in these Terms and Conditions.
(ii) Not print copy modify translate alter reverse compile
de-compile or reverse engineer any software (save insofar
as permitted by statute).
(iii) Not remove any copyright trade mark or other proprietary
notice from the software.
(iv) Not transfer the software nor assign any licence or
rights regarding the software and any such attempted transfer
or assignment shall be void and of no force or effect.
(d) Subject to the provisions of Clause 16.2 and 3 the Hirer
shall not copy or duplicate or permit a third party to copy
or duplicate in any manner any physical or magnetic version
of the Owners supplied machine readable software. The Hirer
shall not copy or duplicate any printed materials related
to any furnished with the Owners supplied machine readable
software.
(e) Upon termination of the hire in accordance with Clauses
9 or 16 the Hirer shall return to the Owner the original
Owners supplied machine readable software all copies thereof
and all printed materials furnished with such software.
(f) The provisions of Clause 16(e) above shall not apply
if the Hirer has purchased user rights from the Owners for
the Owners supplied software and assigned the original manufacturers
software or program licence agreement for the said software.
In that event the Hirers rights and obligations upon termination
shall be governed by the original manufacturers software
or program licence agreement.
(g) No licences or rights are granted except as set forth
herein or in the original manufacturers software or program
licence agreement which the Hirer shall be required to sign
on receipt and before using the software. The software may
not be assigned without the Owners prior written consent.
(h) The obligations in respect of software set out in these
Terms and Conditions shall survive notwithstanding any termination
or expiration of an agreement for the hire of any Equipment
and if the Hirer commits any breach of obligations placed
on it by the Terms and Conditions the Owner may in addition
to any other legal or equitable remedies available to it
immediately terminate the relevant hire agreement.
19.
FORCE MAJEURE
The Owner accepts no liability for delay or non-fulfilment
of any terms of any order by a Hirer caused wholly or in
part by force majeure which express shall be deemed to include
war, strikes, lock outs, accidents, fire, scarcity of materials
or any other cause or causes not within the Owners direct
control.
20.
VAT CHARGES
Prices advertised are plus VAT which is charged at the rate
in operation at the relevant tax point date.
21 . HIRERS LIABILITY UNDER THE INCORPORATED AUTHORISATION
AGREEMENT PROVISIONS
21 .1 The Hirer shall be deemed to have notice of all the
provisions of the Authorisation Agreement made between the
hirer and the Owner dated the contract. The Hirer agrees
to observe perform and comply with all the provisions of
the said Authorisation Agreement on the part of the Owner
to be observed performed and complied with so far as they
relate and apply to the Terms and Conditions of Hire or
any part thereof (except insofar as they are varied by these
Terms and Conditions) in the same way in all respects as
if the Hirer were the Owner under the Authorisation Agreement.
21 .2 The Hirer shall indemnify and keep indemnified and
hold harmless the Owner against and from :-
21 .2.1 Any breach non-observance or non-performance by
the Hirer his employees servants or agents of the said provisions
of the Authorisation Agreement or any of them and
21 .2.2 Any act omission or default of the Hirer his employees
servants or agents which involves the Owner in any liability
to and
21 .2.3 Any claim damage loss or expense due to or resulting
from any negligence or breach of duty on the part of the
Hirer his employees servants or agents.
21 .3 In the event of any breach non-observance or non-performance
by the Hirer of the said provisions of the Authorisation
Agreement the Owner shall have the same rights in all respects
against the Hirer.
22.
GOVERNING LAW
This agreement shall be governed by the Law of England.
Both parties submit to the non-exclusive jurisdiction of
the English Courts.
By
hiring the GPS unit you agree to these terms and conditions
