1. Any contract of hire subsisting between us includes only such apparatus as is specified therein. Whilst every endeavour will be made to supply apparatus as ordered, we reserve the right to substitute other designs.
2. All apparatus is suitably packed where necessary. The Hirer when returning the apparatus must use such packing, otherwise the cost of such packing will be charged to the Hirer's account.
3. If any damage or shortage occurs in delivery notice in writing must be given to the carriers within three days.
4. Our liability in respect of any defect or failure of the apparatus supplied is limited by making good or replacement or repair defects which under proper use and conditions appear therein and arise solely from faulty design materials or workmanship. We do not represent or warrant that apparatus supplied by its capacity or performance or us are fit for the purpose for which you require it. We are not to be held liable for stoppages or any consequential loss or damage arising out of work done or services rendered under any contract of hire.
5. Unless otherwise agreed the payment for the hire will be made weekly in arrears in accordance with the terms shown on the Inventory.
6. The Hirer during the continuance will not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the equipment or any parts thereof in a manner prejudicial to the Owner's rights, but will keep the equipment in its possession and will not remove the same or any part or parts thereof from the place where the equipment is for the time being without the previous consent of the Owner and will duly and punctually pay all rents, rates, taxes, charges and impositions payable in respect thereof on demand and will protect the same against distress, execution or seizure and indemnify the Owner against all losses, costs, charges, damages and expenses incurred by it by reason or in respect thereof.
7. The Hirer shall use the equipment in a skilful and proper manner and shall at its own expense keep the equipment in good and substantial repair and condition, reasonable wear and tear expected, and keep the same insured against fire, loss, damage or risk from whatever cause arising in the full replacement value thereof including a year's loss of hire in some insurance office or offices of repute and will permit the Owner at all reasonable times to have access to the equipment and to inspect the state and condition thereof.
8. If the equipment shall be injured or destroyed by fire, all monies received or receivable in respect of such insurance as aforesaid shall forthwith be received by the Owner who shall as the case may require apply such monies either in making good the damage done or in replacing the equipment by other articles of similar description and quality and such substituted articles shall become subject to the provisions of this agreement in the same manner as the articles for which they shall have been substituted.
9. If the Hirer shall make default in punctual payment of the sums to be paid by it for the hire of the equipment or shall fail to observe or perform the terms and conditions of this agreement on its part to be observed and performed or if the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the Owner's rights in the equipment may be prejudiced or put in jeopardy, this agreement shall forthwith determine (without any notice or other act on the part of the owner and not withstanding that the same may be waived some previous default or matter of a same or like nature) and it shall thereupon be lawful for the Owner to re-take possession of the equipment and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this clause shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under this agreement or damages for breech thereof.
10. The Hirer shall in no circumstances remove the equipment from the United Kingdom without obtaining the consent of the Owner in writing specifying the country to which the equipment is to be removed and in such event the Hirer shall pay all additional insurance in respect of such removal of the equipment and shall indemnify the Owner against all customs duties, taxes or other pecuniary levies either as a result of the removal of the equipment from the United Kingdom or for the return of the equipment to the United Kingdom and shall pay to the Owner if required 10% of the value of the equipment supplied by way of deposit such sum to be refunded at the termination of hiring by the Owner to the Hirer after the deduction of any monies due by the Hirer to the Owner under this agreement.
11. No responsibility shall be accepted by the Owner for any equipment not belonging to the owner whether delivered by the Owner or not and the Hirer will indemnify the Owner against any damage to the equipment supplied by the Owner as a result of malfunction or non function of any equipment or installations not belonging to the Owner.
12. The title of all goods covered by this hire agreement may not in all cases be vested with the Owner. The Owner as referred to in this agreement is however authorised to hire out all equipment covered by these terms and conditions.
13. The title of all goods being supplied on a sales basis to the Hirer shall not pass to the Hirer until the Owner has received payment in full.
14. Any waiver or other indulgence granted by the Owner shall not affect the strict rights of the Owner under their terms.
15. Long term hires may become eligible for discount when settled in advance.