Terms and conditions of purchase

DEFINITIONS 

In these terms and conditions

“Company” means MEDIAKIT HIRE 

“Hirer” means the individual, person, business, or firm dealing with the Company.

“Equipment” means the Equipment described in the Order confirmation as well as the packaging and any other Equipment or accessories included within the

packaging (and any replacement parts or Equipment supplied).

“Order” means the Hirer’s Order for the hire of Equipment, as set out in the Order confirmation given by the Company and accepted by the Hirer (as the case may be).

“Courier” means a reputable Courier organisation responsible for carrying the Goods to or from the Hirer

“Deposit” means any Deposit required by the Company in relation to the goods which is to be held as security by the Company

“Hire Period” means the period starting at the time of delivery of the Equipment to the Hirer or collection of the Equipment by the Hirer and ending at the time of the return delivery or collection of the Equipment.

“Click and Collect” means the service which enables you to pick up and drop off your hired Equipment from selected approved locations around the country (see website for locations).

These terms and conditions form the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

No additions or alterations to these terms and conditions shall be binding on the Company unless agreed in writing and signed by a duly authorised signatory. Any terms and conditions proposed by the Hirer shall only apply if agreed by the Company in accordance with this paragraph.

TITLE

The Equipment and accessories on hire shall remain the absolute property of the Company and the Hirer has no right, title, or interest in the Equipment, except that it is hired to the Hirer for an agreed period, with the Hirer accepting responsibility for the safekeeping of the Equipment whilst in their possession.

The Hirer shall not assign, transfer or otherwise part with possession of the Equipment during the period of hire without prior written consent of the Company. The Hirer will permit the Company at all reasonable times to inspect the Equipment including procuring access to any premises where the goods are located.

Any intention to take the Equipment outside of United Kingdom must be notified in writing to the Company prior to commencement of the hire and proof of return documentation provided. The Company reserves the right to decline hire for any overseas use.

BOOKING 

Making an enquiry either by telephone, email or in person, does not constitute a booking. An Order is deemed to have been placed when you receive an Order confirmation email and at such time becomes binding subject to the cancellation policy.

Orders are subject to a minimum hire charge, for first time hirers this is £60 (Ex VAT) for all subsequent hires there is a £30 (Ex VAT) minimum Order charge.

By placing an order, you confirm that you are over 18 years old and have read and understood these terms and conditions and agree to be bound by them and to comply with all applicable laws, rules, and regulations.

The Company reserves the right to refuse the acceptance of any Order without assigning any reason for such refusal.

EQUIPMENT

Whilst the Company shall make every effort to assist the Hirer with technical knowhow and experience and shall provide general advice and service, the Company shall not guarantee the Hirer will achieve the intended result by the use of hired Equipment and other facilities.

It shall be the responsibility of the Hirer to ensure the Equipment is fully suitable in all respects (including type and function) for the purpose for which it is hired. In no circumstances shall the Company be liable for any loss or damage of whatever kind however caused arising out of or in connection with the use of or inability to use the Equipment. 

The Company will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.

The Company recommends at all times the Hirer uses memory cards tested and supplied by the Company where provided.

If the Hirer wishes to use any of its own Equipment including data storage (‘Hirer Equipment’) in conjunction with or connected to the Equipment, the Hirer shall ensure that the Hirer Equipment is compatible for use in all respects with the Equipment. In the event of any damage to the Company’s Equipment relating to use of Hirer Equipment not supplied by the Company, the Hirer shall be liable for damage to Equipment.

The Company will supply Equipment which contains recording functionality with an agreed kind and quantity of data storage. It is the responsibility of the Hirer to decide whether the amount of data storage is sufficient for its needs. Extra storage can be supplied and will be charged for individually at a pre-determined hire charge. Any data storage supplied by the Company shall remain at all times the property of the Company and may not be substituted for alternative data storage save with the prior written agreement of the Company.

The Hirer expressly acknowledges and agrees data storage returned to the Company will be erased of all data upon receipt and will not be backed up or stored by the Company. Copying and backing up data recorded on data storage shall be the exclusive responsibility of the Hirer. The Company shall not be responsible for lost or damaged data recorded onto data storage nor for the Hirer’s failure to transfer all data for data storage before it is returned to the Company and it is the responsibility of the Hirer to verify all the data has been successfully transferred prior to the return of the data storage.

The Hirer shall not remove any labels from and/or interfere with the Equipment or make any permanent modifications to it.

The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment or carry out firmware updates without the prior written permission of the Company.

PURPOSE        

The Hirer shall ensure all hired Equipment is used only for the purposes for which it is designed and operated in a proper manner. The Hirer shall, and shall ensure its personnel shall, at all times comply with all health and safety policies and other regulations governing any use of the Equipment or the Hirer’s activities

It is a condition of hire the Hirer declares the purpose of hiring the Equipment and where it will be used. The Company reserves the right to decline a request to hire if it is not satisfied with the declared purpose of the hire. It is therefore more likely for the Hirer to be able to hire if as much detail as possible regarding the Equipment’s use is provided.

The Hirer shall take adequate and proper measures to protect the Equipment from theft, damage, and other risks and will not expose the Equipment to the elements (in particular to salt water and spray, sand, and grit) and will keep the Equipment protected in all respects at all times.

The Hirer shall not permit the Equipment to be used on any abnormal or hazardous assignment, taken out of the United Kingdom, or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Without the prior written consent of the Company

The Hirer shall be solely responsible for obtaining all customs clearances licences and permits as shall be necessary to take the Equipment out of the United Kingdom. If any Equipment taken out of the United Kingdom is lost or damaged or breaks down and the Company agreed to replace the same the Company’s liability shall only extend to delivery of any replacement at an address in the United Kingdom. The Hirer shall notify The Company of any change of address, and upon The Company’s request provide details of the location of the Equipment.

Requests for information for shipping carnets including serial numbers, weights, values, countries of origin will be provided not more than 48hrs before the agreed day of dispatch.   

DELIVERY

The Equipment shall be delivered and collected at such a time and place as shall be mutually agreed between the Company and the Hirer and as specified on the Order Confirmation. Responsibility for the Equipment shall pass to the Hirer immediately at the time of delivery.

The Hirer shall accept delivery of the Equipment on the day the Courier first attempts to deliver. Where the Courier has attempted to deliver Equipment, but the Hirer has not been present to accept the delivery, the hire period shall remain as shown on the Order Confirmation.

When delivering Equipment, Couriers may not ask for a signature at point of delivery as GPS tracking will be considered as evidence of a successful delivery, in some circumstances the Courier may attempt to take a photograph of the consignment (which will not identify a person but may capture minor details of the background to show the location of the consignment as evidence of delivery having taken place). By proceeding with an order, you agree to these terms.

The Courier duty is to deliver the Item/s to the address written or printed on the Item/s. They are not responsible for delivering the Item/s to the person whose name is written or printed on the Item/s.

The Company shall not be liable in respect of any consignment delivered to the delivery address where any person misrepresents their authority to receive the consignment on the Hirer’s behalf; or where the Courier is delivering it in accordance with instructions from or purporting to be from the Hirer.

Where the Hirer uses facilities offered by the Courier to divert any part of a delivery to a different address or location, responsibility for the Equipment shall pass to the Hirer immediately.

The Company shall use reasonable endeavours to comply with any time schedules but shall not be liable in any circumstances to the Hirer for any liability claim or proceeding in respect of any loss or damage arising whether by reason of negligence or otherwise including without limitation non delivery of Equipment by a specific time or date or within a specified time from receipt of Order.

Where possible the Company shall dispatch all Orders to arrive on the agreed date. In the event of Courier misrouting or error, the Company shall make reasonable endeavours to send an identical or similar item as a replacement, at the Company’s cost, for delivery by midday on the next working day or at the earliest opportunity afforded by the Courier if such midday delivery is not possible.

The Company shall use reasonable endeavours to ensure the Equipment is in good order and all accessories are listed on the checklist provided with the Equipment at the time of delivery to or collection by the Hirer from a Click and Collect location.

Upon receipt the Equipment shall be examined and checked by the Hirer before being taken into use and if found to be defective or deficient will be replaced or defects or deficiencies remedied by the Company without additional charge. The Hirer will be held liable for any missing Equipment, defects or deficiencies in the Equipment not noted on the condition report or checklist, unless the Hirer has notified the Company in writing before 4pm on the day of delivery or collection by the Hirer from a Click and Collect location.

The Company shall use best endeavours to send all the required Equipment in one consignment. Should any Equipment be unavailable for dispatch and the Hirer consents to a rescheduled delivery of part of the Equipment, the Company will pay any additional Courier costs incurred. The Company’s liability shall only extend to delivery of any replacement at an address in the United Kingdom.

COLLECTION 

Where it has been agreed the Hirer will collect the Equipment from a Click and Collect location, the Equipment will be available for collection from 1pm on the date specified in the Order Confirmation and during the Company's normal business hours. Please note, the Hirer will be required to present a valid Photo ID (passport or driving license) before the equipment will be released

If the Hirer or a mutually agreed 3rd party does not collect the Equipment from the Click and Collect location on the date specified, the Company shall continue to make the Equipment available for collection during normal business hours on each business day until the end of the Hire Period. No adjustment to the Hire Period or the Hire Charges shall be occasioned by such late collection or non-collection.

All Equipment shall, immediately upon leaving the Company’s (or as the case may be a third party’s) premises and thereafter, be the responsibility of and at the risk of the Hirer, though for the avoidance of doubt, property in the Equipment shall remain at all times with the Company notwithstanding that the Hirer shall be liable for any theft, loss, damage, or destruction howsoever caused to the Equipment.

Where it has been agreed, the Hirer may appoint a Courier to collect Equipment from Company premises during normal business hours. The Hirer shall provide the Company with a contact name, phone number and vehicle registration for the appointed Courier and the driver shall provide identification on request.

It is the Hirers responsibility at all times to ensure all the correct information for collection is provided to the Company and the Company accepts no responsibility for collections made according to the Hirers instructions.

RETURNING EQUIPMENT

Equipment must be made available for collection at the address agreed with the Company by the Courier on the day of pickup. Collections are between 8am – 6pm. The Hirer shall remain fully responsible for the Equipment until it is handed to the Courier.

The Hirer must return the Equipment as delivered using the appropriate packaging securely sealed. The Hirer shall be liable to the Company for any loss of or damage to the Equipment in transit resulting from failure to repackage as per these instructions.

If the Equipment is not available for collection, the Hirer will be charged a failed collection fee of £25 +VAT and will be charged for the extension of hire. In the event Equipment is not returned within 24 hours of the collection date and not withstanding Courier delays, the Hirer will be charged a fee equal to a full day’s commercial rental for each day the Equipment remains unreturned.

Where the Equipment is not returned to the Company immediately following the end of the Hire Period and the Hirer has failed to either contact the Company and explain the circumstances or negotiate an extension to the agreed Hire Period (and The Company has provided written confirmation of said extension). The Company will investigate and may inform the Police and report the Equipment as stolen and, will take steps to recover the Equipment. All monies owed will become immediately due and taken automatically from the Deposit or invoiced.

DROP BACK 

If the Hirer is dropping back to a Click and Collect point, they must do so before 11am. If the Equipment is not returned before 11am and misses the Courier collection, the Hirer will be charged a failed collection fee of £25 +VAT and will be charged for the extension of hire. In the event Equipment is not returned within 24 hours of the collection date and not withstanding Courier delays, the Hirer will be charged a fee equal to a full day’s commercial rental for each day the Equipment remains unreturned.

The Hirer shall remain fully responsible for the Equipment until it is signed for by a member of staff at the agreed click and collect location.

LOSS OR DAMAGE TO EQUIPMENT

The Hirer shall be responsible for the safe keeping of the Equipment throughout the hire period and shall be liable to The Company for all loss of or damage to the Equipment howsoever caused.

The Equipment should be returned in the same condition as it was at the start of the hire period, fair wear and tear excepted (see website for details), provided that if the Equipment is lost, damaged, or destroyed the Hirer shall pay the Company an extra hire charge until such time as the Equipment is replaced (by an equivalent item) repaired or recovered or at the Company’s election pay any cross hire charges the Company incurs sourcing a temporary replacement.

The Hire Period will be deemed to continue until such time as any damaged Equipment is repaired, or any Equipment that is lost, stolen, or damaged beyond repair is replaced provided that the amount of any additional hire charge payable as a direct result of theft, accidental loss or damage to Equipment shall not exceed 13 weeks.

The Hirer will notify the Company of any loss or damage to any Equipment on hire immediately, and where theft has occurred, the police should be informed, and a crime reference number provided to the Company without unnecessary delay.

Where Equipment is returned with missing components, the Hirer shall ensure said components are returned to the Company by either Royal Mail Special Delivery or an approved carrier service within 72hrs of being notified. If the components are not returned by this time and no agreement has been made in writing between the Company and the Hirer, all monies owed for replacing said components will become immediately due and taken automatically from the deposit or invoiced. This includes but is not limited to batteries, memory cards, cases and other ancillary items connected with the Equipment. An administration fee of £25 + VAT will be added for each missing part or damaged item.

Should Equipment be returned in a state that requires cleaning to restore them to the condition they were provided at the start of the hire period, an administration fee of £25 + VAT will be added for each 30 minute period required.

DEPOSIT 

The Hirer will be required to pay a security Deposit before the Company will dispatch any Equipment. The amount of Deposit varies dependent on Equipment selected, length of hire and account verification process. The Company reserves the right to ask for a partial or full cost Deposit where it is unable to complete account verification checks to its satisfaction.

The Deposit will be secured either at the time of booking or 7 days before the date of dispatch, whichever is closest to the day of dispatch. In the event of the funds not being paid and the Company not being able to contact the Hirer, the reservation will be cancelled.

The amount of the Deposit (if any) specified in the hire contract shall be returned to the Hirer without interest when the Equipment has been returned to the Company and all charges and other monies due to the Company have been paid including deductions for stolen, lost, or damaged Equipment.

The Deposit is a Deposit against default by the Hirer and the Company shall be entitled to apply the Deposit against any fees, damage, or loss to the Equipment. If the cost of missing/damaged parts exceed the Hirer’s Deposit, the outstanding balance will need to be paid in full immediately.

Please note whilst the Deposit is refunded promptly, it can take between 1-5 working days to appear on a statement, depending on the Hirer’s bank.

If the Deposit required exceeds £1,250 the Hirer will need to submit proof of insurance. This must state that they are covered for hired-in goods and must cover the total replacement value of the hired Equipment.

ACCIDENTAL DAMAGE WAIVER

For Equipment up to the value of £5,000 an optional accidental damage waiver is available to cover damage to the Equipment above any Deposit amount the Hirer has already paid. There is a non-refundable premium for this service, the premium is calculated on the Equipment selected and length of hire and will be detailed on the Order confirmation.

The accidental damage waiver does not cover any loss, theft, or negligence for which the Hirer will be liable for the full replacement value including VAT (as new) of the Equipment.

The Company reserves the right to ask for full value insurance if it is unable to complete account verification checks to its satisfaction.

INSURANCE

The Hirer shall provide details of the policy or policies as the Company may require. The insurances shall be with a reputable insurer against all risks and shall not include unreasonable excesses which are unusual for this type of insurance. The Company must be satisfied with the insurance prior to commencement of the hire. Where the Company is not satisfied with said cover, the Company reserves the right to cancel the hire until such time as sufficient cover is in place and the Company is satisfied.

The Hirer’s policy shall provide for “hired in equipment” and cover loss of hire, all loss or damage whatsoever to the Equipment including the full replacement value of the Equipment and the full cost of repairing any damage.

The Hirer shall be responsible for insuring any Hirer Equipment. The Company shall have no responsibility for any loss of or damage to the Hirer Equipment except for loss or damage caused by the wilful or negligent acts of the Company.

The Company will investigate all losses of whatever value thoroughly. Where the loss is suspected to be by theft, the Hirer has an obligation to report the loss to the police and to obtain a crime reference number without unnecessary delay. Please note, the Hirer remains liable for the full value of the Equipment, and the Company will take whatever action necessary to recover any costs.

The Hirer shall maintain in force at its own expense public liability insurance and all other insurances required by any applicable law.

PAYMENT

Individuals

The Hirer will be required to make payment at the time of placing an Order for the Equipment, delivery and return plus the damage waiver if chosen. If the Equipment is due to be dispatched within 7 days, the Hirer is required to pay the deposit at the same time. If the Hirer is booking more than 7 days before the equipment is due for dispatch, the Hirer will be sent a payment reminder 7 days before dispatch and advised to log into the Hirer’s account to make the deposit payment.

Account 

Invoices are due for payment within 30 days of the invoice date. Should the Hirer fail to make any payment in full on the due date, any special offers or discounts offered by the Company to the Hirer shall become null and void and, in such case, the full fees will become payable, and no discount or special rate will apply.

The Company may at its option a) charge interest on the outstanding amount accruing on a daily basis at the rate of 6% above the base rate of The Bank of England from time to time; and/or b) suspend the provision of Equipment on 24 hours’ notice to the Hirer.

Any invoice outstanding beyond 60 days, at the discretion of the Company, may be referred to a debt collection agency and will be subject to a 15% surcharge plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the Hirer and will be legally enforceable.

The Hirer shall pay all sums due to the Company under this contract without any setoff, deduction, counterclaim and/or any other withholding of monies. The Company reserves the right to charge the full value of the Equipment in the event the Hirer is considered to be in breach of these terms & conditions.

The Company reserves the right to amend prices at any time and without prior notice. Orders are fulfilled on the understanding prices charged are those current at the time of despatch.

Throughout the website and on any quotations, the Hirer will see both Inc. and Ex. VAT prices listed. Any such taxes are payable by the Participant and will be supplied in accordance with UK legislation in force at the tax point date.

CANCELLATION AND AMENDMENTS

All cancellations and amendments must be confirmed in writing. The Hirer may cancel or amend an order by e-mailing the Company during office hours (Monday to Friday from 08:30am to 4pm excluding public holidays) at enquiries@hireacamera.com stating the Hirer’s name, a description of the goods or services concerned and the order number. Cancellations and amendments will not take effect until confirmed back to the Hirer in an email from the Company.

Without prejudice to any other right or remedy available to the Company in the event of a cancellation of an Order by the Hirer the Company reserves the right to make a cancellation charge in respect of Equipment as follows:

*Cancellation charged as % of hire or £25 admin fee depending on whichever is greater

The Hirer acknowledges and agrees that where the Company has incurred fees relating to the cross hire of Equipment to fulfil the Hirer’s Order and which the Company is obliged to pay then the Hirer will be liable for the full amount of such charges despite cancellation. The Company undertakes to use reasonable endeavours to mitigate any such charges.

Where the Hirer is a consumer, they shall have the right to cancel an order by written notice up to 14 working days after receiving the Order confirmation email.

By accepting delivery of the Equipment Ordered, defects or deficiencies notwithstanding, the Hirer agrees to pay the hire and courier charges for said Equipment.

If the Hirer wishes to extend the Hire Period the Company shall use reasonable endeavours to accommodate such extension but, the Hirer acknowledges this may not be possible or be subject to additional fees or other conditions.

Where the Equipment, for reasons outside the Company’s control, ceases to be available for the duration of the hire period, the Company shall inform the Hirer as soon as is practically possible. In such an event, the Company will endeavour to provide suitable replacement Equipment. Where such Equipment is not available to fulfil all or part of that Order, the Hirer can cancel all or part of the Order and receive a full or part refund as applicable or re-schedule all or part of the Order at no extra charge.

If the Hirer wishes to return the Equipment early The Company shall arrange collection at the earliest opportunity. As the Equipment will have been unavailable for alternative bookings during this period, we cannot offer a refund of the remaining hire period.

TERMINATION

The Hirer agrees that the Company, in its sole discretion, may terminate the Hirer’s use of the services the Company provides on its site and remove and discard any content within such services, for any reason including, without limitation, if the Company believes you have breached or acted inconsistently with the letter or spirit of these terms and conditions. The Company may also, in its sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

The Hirer agrees any termination of your access to such services under any provision of these terms and conditions may be affected without prior notice. Further, the Hirer agrees the company shall not be liable to the Hirer or any third party for any termination of your access to such services.

LIABILTY

(a) The restrictions on liability in this clause apply to every liability arising under or in connection with these terms and conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

(b) Subject to clause (d), the Company’s total liability to the Hirer (including any liability for the acts or omissions of its employees, agents, and subcontractors) shall not exceed £250,000.

(c) Subject to clause (d), neither party shall be liable under these terms and conditions for any loss of profit, loss of revenue, loss of data or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.

(d) Nothing in these terms and conditions limits any liability which cannot legally be limited (e) Whilst the Company shall use reasonable endeavours to assist the Hirer with technical know-how and experience, the Company does not guarantee that the Hirer will achieve his intended result by the use of hired Equipment and other facilities.

(e) Whilst the Company shall use reasonable endeavours to assist the Hirer with technical know-how and experience, the Company does not guarantee that the Hirer will achieve its intended result by the use of hired Equipment and other facilities.

(f) The Company shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of its obligations under these if such delay or failure result from events, circumstances or causes beyond its reasonable control.

(g) The Company does not warrant that any media supplied (such as memory cards) will be error free or free from viruses, corruption, or bugs.

(h) The Hirer acknowledges the Company shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with the negligence, misuse, mishandling of the Equipment or otherwise caused by the Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Company on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with these terms and conditions.

CONFIDENTIALITY

The Hirer agrees that the Company may carry out any check as to the Hirer’s financial status as the Company shall deem fit. The Hirer accepts that the Company will attempt to verify the Hirer’s identity by checking the details supplied against those held on a number of specific databases that the Company has access to, for example information from the Electoral Register, and fraud prevention agencies. A record of this process will be kept that may be used to help other companies to verify the Hirer’s identity.

The Company may also pass information to organisations involved in fraud prevention to protect the Company and other clients from theft and fraud. If the Hirer supplies false or inaccurate information and the Company suspect's fraud, the Company will record this and share this information with relevant law enforcement agencies, insurance companies, and other hire companies within the X-hire Anti-Fraud Network and the Supplier's debt collection agents. They may in turn pass this information on to their legal advisers and/or officers of the court when necessary.

The Company process information about the Hirer in accordance with its Privacy Policy. For more information, please see the Company’s full privacy policy at https://www.mediakithire.com/privacy-policy/ By using the Company’s site the Hirer consents to such processing and warrants that all data provided by it is accurate.

INDEMNITY

The Hirer shall pay all legal fees or costs incurred in connection with the enforcement of these terms and conditions or legal fees incurred in connection with any dispute or difference arising under this agreement that is resolved in favour of the Company.

PROPRIETARY RIGHTS AND COPYRIGHT

The contents of this website are protected by copyrights, trademarks, patents and/or any other proprietary rights and laws. No part of this website can be reproduced without prior written consent.

GENERAL INFORMATION

Any telephone calls between the Company and the Hirer may be recorded, in which case the recordings will be accepted by the Hirer as evidence of the instructions or communications recorded. The Hirer, by accepting these terms and conditions, acknowledges, and accepts that evidence of any such recordings may be referred to by the Company in respect of any dispute or difference between the parties.

These terms and conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

These constitute the entire agreement between the Hirer and the Company and govern the Hirer’s use of the Company’s site and the services provided, superseding any prior agreements between the Hirer and the Company. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Company’s site and the services provided although the Company retains the right to bring proceedings against the Hirer for breach of these terms and conditions in the Hirer’s country of residence or any other relevant country.

All other warranties, terms and conditions implied by law are hereby excluded. Each party acknowledges that it has not relied on, or been induced to enter into this agreement by, a representation or warranty other than those expressly set out or referred to in this agreement. To the extent permitted by law, a part is not liable to another part in contract or tort or in any other way for a representation or warranty that is not set out herewith.

Any failure by the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.

Neither the Hirer nor the Company may assign or transfer any rights or obligations under these terms and conditions without the prior written consent of the other party, except that the Company shall be entitled to assign or transfer any or all of its rights and obligations (without the Hirer’s prior consent) to any of the Company’s fellow group companies.

Neither Party intends that any term of this agreement shall be by virtue of the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to this agreement or permitted assignee of such a party.

The section titles in these terms of use are for convenience only and have no legal or contractual effect.

DEFAULT

The Hirer is considered to have defaulted if:

• Fails to make any payment to the Company when due without just cause.
• Breaches the terms and conditions, where the breach is capable of remedy, has not remedied the breach within 24 hours of receiving notice requiring the breach to be remedied.
• Provides incomplete, materially inaccurate, or misleading facts and/or information in connection with the Order.
• Persistently breaches the terms and conditions; pledges, charges, or creates any form of security over any Equipment, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress, execution or other legal process is levied on any property of the Hirer, has a Bankruptcy Petition presented against it or the Hirer takes or suffers any similar action in any jurisdiction; being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets, any attachment order is made against the Hirer, any distress, execution, or other legal process is levied on any property of the Hirer or the Hirer takes or suffers any similar action in any jurisdiction; appears reasonably to the Company to be financially inadequate to meet its obligations under the terms and conditions; and/or appears reasonably to the Company to be about to suffer any of the above events,
• Then the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in condition f).
• If any of the events set out in condition e) occurs in relation to the Hirer, then: -
• So far as the law permits, the Supplier may enter, without prior notice, any premises of the Hirer where Equipment owned by the Company may be and repossess any Equipment.
• The Company may immediately cancel, terminate and/or suspend without Liability to the Hirer the contract and/or any other contract with the Hirer; and/or all monies owed by the Hirer to the Company shall immediately become due and payable. Any repossession of the Equipment envisaged under condition f) shall not affect the Company right to recover from the Hirer any monies due under the contract and/or any damages in respect of any breach which occurred prior to repossession of the Equipment.
• Upon termination of the contract the Hirer shall immediately return the Goods in accordance with these terms and conditions or make the Equipment available for collection by the Company, as requested by the Company.
• Without prejudice to the generality of condition a finance company with whom the Company has an outstanding finance agreement relating to the Equipment shall, subject to the Company's consent, have the right to enforce the terms and conditions as if they were the Company.

FORCE MAJEURE

Neither Party shall be liable for any breach of these terms and conditions caused by circumstances beyond the reasonable control of that Party and which prevent that Party from performing its obligation to the other. Circumstances beyond that Party’s reasonable control include but are not limited to acts of God, any form of Government intervention, terrorist activity, local or national emergency, power failure or breakdown in Equipment, sabotage or riots, and floods, fires, explosions, or other catastrophes. A lack of funds shall not be regarded as a circumstance beyond that Party’s reasonable control.

VARIATIONS

The Company may from time-to-time change any of the terms of these terms and conditions which will then apply to all new hire of Equipment on or after the date of the change.

Each of the provisions contained in this agreement shall be construed as independent of every other such provision, so that if any provision of this agreement shall be determined by any court or competent authority to be illegal, invalid and/or unenforceable then such determination shall not affect any other provision of this agreement, all of which other provisions shall remain in full force and effect.

CONFIRMATION 

The Hirer confirms that all details given in their application to hire the Company’s Equipment are true and complete. They also confirm they have read and retained a set of the Terms and Conditions governing the Agreement.