CAV : terms and conditions

COMPUTEC GROUP ( Terms and Conditions )

1. DEFINITIONS
In these terms and conditions the following words shall have the following meanings:
“The Company” shall mean Computec Hire Ltd.
“The Hirer” shall mean any party with whom the Company enters into an agreement.
“The Equipment” shall mean the hired items referred to in the Agreement together with all packaging materials in respect thereof.
“The Rental” shall mean the provision of the Equipment by the Company to the Hirer, for the Hirer’s use, for an agreed period and at an agreed cost and subject to these Terms and Conditions.

2. ACCEPTANCE AND RESPONSIBILITY
1) Acceptance by the Company of any offer for Rental of Equipment is subject to these terms and conditions, which supersede all other communications, and agreements and they may not be varied save by agreement in writing by the Company.
2) The Customer accepts responsibility for:
a) The selection of all Equipment.
b) All Equipment during period of Rental as defined in clause 4.

3. RENTAL AND DELIVERY CHARGES
1) The Equipment will be charged at the Company’s Rental rate subsisting at the date of the Rental, or such other hire charges as may have been agreed in writing, between the Company and the Hirer. Rental charges do not include delivery charges and other costs.
2) The Company reserve the right to alter its rental rates for the Equipment on hire from time to time, giving the client 2 weeks notice thereof.
3) In addition to Hire charges the Hirer will pay all delivery and other charges notified to the hirer.

4. RENTAL PERIOD
1) The period of Rental is deemed to commence on the day of delivery to the Hirer. Where the Hirer stipulates that the Equipment shall be delivered before noon on a specific day, the Rental shall commence on that day. Or where the Equipment is in possession of the Hirer for a period of less than 24 hours, then one day's Rental shall be deemed to have taken place. A 24-hour period constitutes 1 day.
2) The period of Rental terminates on notice from either party, subject to agreement by both parties.

5. PAYMENT TERMS
1) Payment must be made at the time or times specified in the Company’s quotation. If no such time is specified, then payment of all invoiced charges is strictly net monthly from date of invoice.
2) Late payments may be charged, at the Company’s discretion, at 3% per month on all outstanding balances, from the due date until the date of receipt.

6. ORDERS & REFERENCES
1) Before accepting any order, the Company may, at their discretion, require references or other information as they so wish.
2) Orders will only be accepted upon written instructions from the Hirer. Extensions to orders will be accepted, subject to equipment availability, on verbal instruction and must be confirmed in writing unless otherwise stipulated by the Company.
3) The Company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any instruction by the Hirer not confirmed in writing.
4) The Company reserves the right not to accept any order or extension to an order at their sole discretion.

7. DELIVERY AND COLLECTION
1) The Company will deliver and collect the Equipment at such time and place as shall be mutually agreed between the Company and the Hirer. The Company shall endeavour to comply with any time schedules, but will accept no liability for non-delivery of Equipment by a specific time or date.
2) The Company shall not be liable for delays due to any unforeseen circumstances or causes beyond its immediate control.
3) The Company will arrange collection of the Equipment from the place that delivery was made unless otherwise agreed within a reasonable time of notification of termination of Rental.
4) Delivery and Collection will be made within normal working hours of the Company unless otherwise agreed. If, due to the Hirer’s actions or lack of action, the Company or their agents are unable to deliver or collect as arranged, then the Hirer may become liable to additional charges.

8. ACCEPTANCE OF EQUIPMENT
1) The Company endeavours to ensure that all the Equipment is sound and in good order and condition at the time of delivery to the Hirer. Upon delivery, the Hirer shall satisfy himself that the Equipment as supplied corresponds to that of the delivery note and that it is in working order.
2) Any part of the Equipment found to be faulty, or not found to correspond with the delivery note in type or quantity shall be notified to the Company within 24 hours of receipt. Failure to do so will render the Hirer responsible for full payment of hire up to the time of notification. Equipment found to be defective on delivery will be replaced, or defects remedied by the Company without additional charge to the Hirer.

9. SUITABILITY
1) It is the Hirer’s responsibility, to ensure that the Equipment as supplied is, if necessary, compatible with existing installations and is suitable for all the Hirer’s requirements.
2) The Company will not be held responsible for the failure of the Equipment or associated ancillaries, due to Hirers own Hardware or Software not being compatible.

10. SUBSTITUTION
1) The Company reserves the right to substitute any of the Equipment proposed for the Rental with other Equipment that is of an equal or higher specification.
2) On termination of the Rental, the Hirer may not substitute any items for the specific Equipment delivered.

11. OBLIGATION OF HIRER
Damage or misuse of the Equipment is the full and sole responsibility of the Hirer, who will be charged with the cost of repair or full replacement of same or as the case might be.
During the subsistence of the Rental the Hirer shall:
a) At his own expense keep the Equipment in good condition at all times and not subject the same to misuse or unfair wear and tear save that consistent with normal and reasonable use.
b) Make every endeavour to ensure safety and security of same.
c) Not interfere in any way with the Equipment or mechanism or nameplates or signs or serial numbers thereon.
d) Will not repair or attempt to repair or request a third party to repair the Equipment.
e) Permit the Company or its authorised agents at reasonable times, to enter any premises where the Equipment is located, for the purpose of maintaining, testing or replacing the same.
f) Will in its use of the Equipment observe the Company’s instructions that may be issued and shall indemnify the Company against any loss or damage caused to the Equipment, through failure to observe such instructions and compensate the Company for any loss of revenue whilst the Equipment is not available for hire.

12. LOSS OR DAMAGE
1) In the event of any loss or damage to the Equipment, the Hirer will forthwith notify the Company within 24 hours of the event and, if notified by telephone, shall confirm the same in writing. The Hirer shall, on written demand by the Company, pay to the Company, the full cost of replacement or repair of the Equipment within 30 days after the date of such demand.
2) In the event of loss or damage, the Rental charge shall continue to be paid, until full replacement costs or repair costs have been made.
3) The Company will inspect the Equipment returned to them after Rental, for any loss or damage. If loss or damage is found, other than through fair wear and tear, the Company shall notify the Hirer and Clause 11(f) shall apply. In the event that the Hirer disputes the costs or liability and requires to inspect the Equipment, notice in writing of intent to inspect, must be given to the Company within 48 hours of receipt of the notification by the Company. Inspection must take place within 7 days of giving notice of intent; otherwise the Hirer must accept the full valuation of costs as notified by the Company.

13. TAKING EQUIPMENT ABROAD
1) Equipment must not be used on any neither hazardous nor abnormal assignment, or taken out of the United Kingdom without prior consent of the Company.
2) It is the Hirer’s responsibility to ensure that he compiles with any licensing, legislation or regulation governing the importation and export of the Equipment into and out of the country of destination. The Hirer is responsible for the payment of any duties thereon, and will not transfer the Equipment to any country or third party, where this would amount to a breach of any United Kingdom legislation or regulations of any kind.
3) If any equipment taken out of the United Kingdom is lost or damaged or breaks down and the Company agree to replace the same, the Company’s liability shall only extend to delivery of any replacement at an address in the United Kingdom.

14. MAINTENANCE
1) In the event of Equipment failure the Company will use reasonable endeavours to repair or replace it with similar or better Equipment within one working day at no extra cost to the Hirer provided this takes place at the delivery site
2) Where Equipment failure is due to misuse by the Hirer, such repair or replacement will be charged at a reasonable rate to include travel costs and engineer’s time and expenses.

15. OWNERSHIP
The Equipment is and shall remain at all times the property of the Company. The Hirer acknowledges that the Equipment is supplied on a Rental basis only.

16. SOFTWARE
1) All software and associated documentation supplied, is the property of the Company or has been licensed to the Company and may not be copied or published without express written permission of the Company or licenser. All software and documentation must be returned to the Company at the end of the Rental. The Hirer must in addition, comply with any additional Terms and Conditions imposed by the licenser of any software.

17. TERMINATION BY THE HIRER
1) The Rental will terminate at the expiry date last notified in writing, unless an extension is agreed with the Company and confirmed in writing.
2) If the Hirer wishes to terminate prior to the expiry date last notified, Then the Hirer must provide written instructions one working day prior to termination. The Company reserves the right to impose the full payment amount as agreed within the original rental period.

18. TERMINATION BY THE COMPANY
1) The Company may terminate the Rental if the Hirer is in breach of any of these terms and conditions, or is in default of any payment due, or in the Company’s view, may become in breach or default during the period of Rental, or commits any act of bankruptcy or being a Company goes into liquidation.
2) In the event of the Hirer being in default of any of the provisions of the Rental and in the event of the Company terminating the Rental, the Company shall be entitled to enter the premises of the Hirer and remove Equipment without notice given to the Hirer.
3) The termination of the Rental for any reason whatsoever, shall not effect the rights of the Company against the Hirer, and the Company is hereby indemnified by the Hirer in respect of any damage or loss to the Hirer or any third party resulting from the exercise of the Company of their rights herein reserved. This shall include the Company recovering all Rental charges and amounts outstanding as a result of such action and recovering damages from the Hirer in respect of any breach of these terms and conditions.

19. PAYMENT ON TERMINATION
1) The payment due on termination of the Rental will be calculated at the rate pertaining to the total period of hire up to the date of termination in accordance with the agreed Rental charges.
2) Any outstanding amounts due on termination will be liable to immediate payment.

20. CANCELLATION
The Company reserves the right to charge the Hirer for any costs arising from the cancellation, or part thereof, of any order or instruction to the Company by the Hirer.

21. LIABILITY AND INDEMNITY
1) The Hirer shall be responsible for and hold the Company fully indemnified against any claim for loss, damage, injury or death to any person(s) arising out of or in connection with the use of the Equipment other than when death or personal injury occurs through the proven negligence of the Company.
2) The Company shall not be liable for operation, repairing or replacing any equipment used in conjunction with the Equipment, but which is not subject to the Rental.

22. INSURANCE
1) The Hirer undertakes to insure all hired Equipment supplied by the Company at its full replacement value, against loss or damage by any cause whatsoever from the time it leaves the Company’s premises until it is returned to the Company’s premises. Or from the time it is delivered to the time the Company collects it from the Hirer. The Company on request will supply details of replacement values. The company, prior to the commencement of the hire shall require proof of full cover. The insurance provided by the Hirer shall have terms not less favourable than the terms of the Company’s own insurers.
2) The Hirer shall forthwith upon the Company’s request, produce to the Company evidence of any insurance which the Hirer is obliged to effect pursuant to the Contract.

3) Where the Hirer does not effect its own insurance, or own cover is not proven, the Company shall automatically effect insurance on the clients behalf.
This will be charged at 12% of the gross equipment charge. The Hirer shall be required to pay the first £500 of each and every claim increasing to £1000 each and every claim in respect of Plasma Screens. The Hirer remains liable for additional hire charges until full payment for replacement has been made.
The Hirer remains responsible for taking all reasonable steps to protect and secure the Equipment whilst on hire. The Hirer undertakes not to do or omit to do anything that could effect the validity of the insurance.
In the event of theft, loss or damage, the Hirer must notify the company within 24 hours. In the case of theft or loss, the Hirer must inform the loss to the police and obtain a crime number.
The Hirer is responsible direct to the insurance company for notification and all correspondence pertaining to the event.

23. VAT
In addition to all charges, the Hirer shall pay Value Added Tax, which will be charged at the rate applicable at the relevant tax point date.

24. DISPUTE
1) Any dispute, which may arise between the Company and the Hirer from the Rental of Equipment or these aforesaid Terms and Conditions, shall be subject to English Law.

25. NOTICES
1) All notices will be sent to the Hirer’s last notified address by post. The date of service shall be 24 hours following the date of posting therefore any notice will be deemed to have been accepted 24 hours after date of posting
2) If sent by fax or e-mail, the time of service shall be the time of the receipt of the fax or e-mail if sent during normal working hours, otherwise at 9.30am on the next working day the recipient would be open for business.