Terms & Conditions
1. TESTHIRE agrees to let and the Hirer agrees to take on hire the Equipment described in the Schedule upon and subject to the Terms and Conditions set out below.
2a. The Hirer shall pay to TESTHIRE during the hire period the rentals plus VAT set out in the Schedule hereto. The minimum rental will be sum equal to one week's rental charge. The hire period shall commence and the first payment of rental become due on delivery of the Equipment to the Hirer's premises or the collection from TESTHIRE's premises by or on behalf of the Hirer and shall end on the day the Equipment is returned to TESTHIRE's premises by arrangement or when TESTHIRE is notified of loss or damage of the Equipment.
2b. TESTHIRE shall be entitled to vary the rentals at any time by giving not less than 28 days notice in writing.
3a. Title in the Equipment shall never pass to the Hirer and the Hirer's interest in the Equipment shall only be and remain that of Hirer.
3b. The Hirer shall not agree to sell, offer for sale, assign, mortgage, charge or sublet the Equipment or this Agreement or the letting hereunder nor hold itself out as the owner of the Equipment and shall not create or allow to be created any lien or other encumbrance on the Equipment.
3c. TESTHIRE shall be entitled to assign its interest in this Agreement and the Equipment whether absolutely or by way of charge and whether wholly or in part and to any person.
3d. The Hirer shall affix to and maintain upon the Equipment such plates or identification marks as TESTHIRE shall require showing that the Equipment is the property of TESTHIRE.
4. As between TESTHIRE and the Hirer the Equipment shall remain personal moveable property and shall continue in the ownership of TESTHIRE notwithstanding that the same may have been affixed to any land or building. The Hirer shall be responsible for any damage to any such land or building by the affixing to or removal there from of the Equipment (whether the same be effected by TESTHIRE or the Hirer) and shall indemnify TESTHIRE against any such claim made in respect of such damage.
5a. The Hirer shall unless otherwise agreed with TESTHIRE be responsible for the collection and return of the Equipment from and to TESTHIRE's premises.
5b. TESTHIRE will at the request of the Hirer procure delivery of the Equipment to the Hirer's premises subject to the Hirer of TESTHIRE's charges for delivery.
5c. TESTHIRE will use all reasonable endeavors to make the Equipment available on the date required by the Hirer but shall not be liable for costs or claims arising as a result of delay.
5d. TESTHIRE shall be entitled to make a reservation charge in respect of Equipment reserved by the Hirer and the hire shall unless agreed be deemed to commence on the reservation date.
5e. The Hirer shall not cause or permit the Equipment to be removed from the Hirer's possession without the prior written consent of TESTHIRE.
5f. TESTHIRE shall be entitled to charge the Hirer for the non-return of any transit case or container supplied with the Equipment.
6a. The Hirer shall ensure that the Equipment is operated in a skilful and proper manner by persons competent to operate the same and in all respects in accordance with all instructions and operations manuals provided by TESTHIRE for the use of the Equipment and shall ensure that such directions and instructions are fully understood and will be observed by all persons operating the Equipment.
6b. The Hirer shall ensure that the Equipment will be operated safely and without risk to health and safety and shall comply in all resects with any notices of regulations under the Health and Safety at Work Act 1974 or any statutory modifications or re-enactment for the time being thereof..
6c. The Hirer shall not make or permit to be made any alterations, modifications or additions to the Equipment and shall not carry out any repairs or authorise the carrying out of any repairs to the Equipment by a third party without TESTHIRE's prior written consent.
6d. The Hirer shall take all reasonable proper care of the Equipment and keep the same in good and serviceable condition (reasonable fair wear and tear excepted) and shall indemnify TESTHIRE against loss or damage howsoever caused and shall give TESTHIRE immediate notice of any such damage.
6e. The Hirer shall carry out all periodical maintenance, inspections and requirements in respect of the Equipment prescribed by TESTHIRE's written instructions with all due care in accordance with those instructions and at the recommended time or times.
7. The Hirer shall assume the entire risk of damage to or loss of the Equipment or any part thereof.
8. TESTHIRE or it's authorised representatives may enter at all times during normal business hours at any premises to inspect the Equipment and, upon termination, to repossess the Equipment.
9. Any claim for damages by the Hirer against TESTHIRE arising out of the Hirer's use of the equipment shall be limited in amount to the total amount of the rental payments paid by the Hirer as at the date of TESTHIRE receiving notice of any such claim.
The Hirer shall be solely responsible for and hold TESTHIRE fully indemnified against any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof. TESTHIRE shall not be liable for any loss other than death and personal injury which may arise out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, TESTHIRE exclude all warranties relating to the equipment and the Hirer's use thereof save as specifically stated herein.
10. TESTHIRE may terminate this Agreement forthwith on giving written notice to the Hirer and re-take possession of the Equipment in the event of:
a) any material breach of this Agreement by the Hirer which has not been immediately remedied (if capable of remedy) following a written demand by TESTHIRE.
b) if any order is made, proceedings are commenced or a resolution is passed for the liquidation or winding up of the Hirer.
c) if a distress or execution is levied against any property of the Hirer.
d) if a liquidator or receiver or administrator is appointed in respect of the undertaking or any property or assets of the Hirer.
e) if the Hirer ceases or threatens to cease to carry on it's business or is unable to pay it's debts as they fall due or enters into any arrangements with creditors generally.
f) if TESTHIRE reasonably believes that it's rights in the Equipment are in jeopardy.
11. Upon the termination of this Agreement before the end of the Hire Period the Hirer shall pay to TESTHIRE the aggregate of:
a) all rentals and other sums due or in arrears at the date of termination under this Agreement.
b) all costs (including legal costs) incurred as a result of a breach of this Agreement including repossessing and restoring the Equipment to it's proper working condition.
c) as agreed damages a sum equal to the aggregate rentals that would have become due hereunder during the Minimum Period had this Agreement not been terminated less a discount for accelerated payment of 3% per annum compounded on (and at the frequency of) each rental payment outstanding.
12. On termination of this Agreement for whatsoever reason the Hirer shall immediately return the Equipment or make the same available for collection by TESTHIRE and shall grant TESTHIRE all necessary access to repossess the same.
13a). TESTHIRE will either repair or replace, in each case free of charge to the Hirer, any Equipment which is found by TESTHIRE to be defective or not capable of obtaining any published specification as a result of faulty design, manufacture or workmanship. The Hirer shall give TESTHIRE written notice of any claim made hereunder as soon as reasonably practicable and in any event within twenty four hours after the alleged defect has come to the Hirer's knowledge.
It is expressly agreed between the parties that TESTHIRE may be absolved from all liability under this condition if the Equipment has been modified in any way by the Hirer or if it has been used for any purpose or in any manner other than that for which it was designed or if it has in any way otherwise been misused.
13b). Subject only to the provisions of paragraph 13a above. all warranties, conditions, representations or stipulations whether expressed or implied and whether arising hereunder or under any prior agreement or statement or by statute or common law or hereby expressly excluded insofar as the law allows. Specifically (but without limitation) TESTHIRE does not accept responsibility for any consequential, indirect or economic loss or damage howsoever arising except to the extent that the same is attributable to negligence on the part of TESTHIRE or it's employees.
14. The Hirer shall pay TESTHIRE on demand interest (as well after as before any judgement) on any sums due to TESTHIRE under the terms of this Agreement, calculated from the date on which those sums were due until receipt of the same by TESTHIRE in immediately available funds, interest to be payable at a rate equal to 4% per annum above Westminster Bank Plc's base rate from time to time.
15. The Hirer shall be responsible for and pay to TESTHIRE Value Added Tax at the rate in force on the due date of payment (if different from the amount shown in the Schedule hereto) of any sums payable by the Hirer under this Agreement and the Hirer shall indemnify TESTHIRE and keep TESTHIRE indemnified against any liability to Value Added Tax which may be incurred by TESTHIRE in respect of the Equipment or it's hiring hereunder.
16. No indulgence or other relaxation which TESTHIRE may from time to time grant to the Hirer shall affect any of TESTHIRE's rights hereunder.
17. Any notice to be given under this Agreement shall be deemed to be duly served when delivery of it is recorded (in the case of first class recorded delivery post) or when it is delivered (in the case of personal delivery) or despatched (in the case of facsimile communication) to the relevant party's address appearing in this Agreement or to such other address as that party may hereafter so specify to the other of them by notice in writing.
18. This Agreement contains all the terms agreed between TESTHIRE and the Hirer. The Hirer has not relied on any representation or warranty by TESTHIRE except as expressly stated or referred to in this Agreement. No variation of this Agreement shall be effective unless it is writing and signed by or on behalf of TESTHIRE.
19. This Agreement shall be governed by English Law and the parties hereto submit to the jurisdiction of the English Courts.