This is the Equipment Hire Contract of TerraVisio Geosolutions (UK) Limited registered in England under Company number 11181206 whose registered office is at The Pinnacle, Station Way, Crawley
Additional Charges” means charges applicable to the provision of the Equipment which are charged in addition to the Charges including those additional costs and expenses referred to in these Conditions;
“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, the Company standard charges for the relevant Equipment in force on the date the Company issues a written acceptance of the Order/invoice to the Customer;
“Company” means TerraVisio Geosolutions (UK) Limited
“Contract” means this Equipment Hire contract incorporating the Conditions;
“Conditions” means the Company’s General Terms and Conditions of equipment hire set out in this document;
“Customer” means the person or company hiring the Equipment;
“Equipment” means those items hired to the Customer by the Company as listed in the Order including all related accessories subject to the Conditions set out;
“Hire Period” means the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Conditions or extended by agreement between the Company and the Customer;
“Order” means the individual orders for the hire of Equipment placed by the Customer from time to time in a branch, over the telephone, or via our website in accordance with these Conditions;
“Replacement Cost” means the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Customer were it not for such replacement, and a reasonable administrative charge to be determined by the Company covering the cost to the Company of administering the replacement;
“Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;
2.1 The Company will hire to the Customer the Equipment subject to the Conditions. Every quotation, pro forma, invoice, price list or other similar document issued by the Company is issued subject to these conditions. No variation or addition to the Conditions shall be binding unless agreed in writing between the Company and a duly authorised representative of the Customer.
2.2 Any equipment hire order by a Customer, whether resulting from any quotation, pro forma invoice, price list or of a similar document made or issued by the Company shall be treated as an offer to hire on the Company’s conditions and shall not be binding on the Company unless and until accepted by the Company. The Company at its absolute discretion may accept or reject any equipment hire order for any reason whatsoever. The Customer must confirm all orders on the Customer’s official letter heading or purchase order form specifying the Equipment required, date of requirement, expected period of equipment hire and delivery method and address. The Company will confirm availability of Equipment upon receipt of such written order.
3.1 Equipment hire prices quoted are ex-works (in accordance with Incoterms 2010) at the Company’s UK premises. Thereafter the Equipment is at the risk of the Customer who must insure it in accordance with clause 4.7. Carriage is the responsibility of the Customer, although the Company will arrange carriage if requested and charge the Customer at cost plus 15%.
3.2 All invoices become due upon receipt. Customers who are approved account customers shall make all payments in the currency as specified on the invoice. Customers who are non-account customers shall make payment in advance by electronic funds transfer or by credit card. The Company reserves the absolute right to assess the Customer’s account state as on a case by case basis.
3.3 A deposit or other payment information may be required. At the time the Equipment is ordered, Company may require the Customer to pay a deposit and/or require the Customer to provide details of a valid credit or debit card and allow the Company to take a deposit (“Deposit”). The Customer must note:
3.3.1 Status of the Deposit. The Deposit shall be a deposit against default by the Customer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.
3.3.2 If the Customer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), the Company shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Customer specifically consents to this.
3.3.3 Return of Deposit. Unless the Company is entitled to make a deduction from the Deposit in accordance with clause 3.3.2, the full amount of the Deposit will be returned to the Customer at the end of the Hire Period.
3.4 The Company reserves the right to suspend delivery in respect of any equipment hire order from the Customer if it appears to the Company that there is a credit risk. The Company will charge interest at 8% above Bank of England Base Rate on overdue accounts and may withdraw any discounts allowed on the original invoice. Interest shall be calculated on a monthly basis and on the gross value of the invoice. The invoice date shall be that stated on the invoice.
3.5 Full payment for Equipment hire shall include freight and customs clearance charges, and EU import duty and VAT, if applicable. Prices quoted above do not include VAT which for UK equipment hires, or EU equipment hire where a VAT number has not been given will be added at the prevailing rate. It is the Customer’s full responsibility to ensure a payment method commensurate with the monies involved to ensure a safe and prompt payment of the full order value. The Equipment may not be exported outside of UK jurisdiction until full payment for the Equipment hire has been received.
3.6 Any query to an invoice MUST be made within 14 days of invoice date for it to be considered by The Company.
4.1 The Company will use all reasonable endeavours to deliver the Equipment on the date stated but in the event of delay will notify the Customer promptly and arrange an alternative date for supply or for supply of substitute Equipment. The Company will not be liable for any costs or expenses incurred by the Customer resulting from delays in delivery however caused.
4.2 The equipment Hire Period will commence on the date of shipment from the Company to the customer’s address or port as stated in clause 4 and terminate on the day that all the Equipment (less Consumables) are returned to the Company’s address. Customers must note:
4.2.1 If there are shortages of Equipment on delivery the Customer must notify the Company immediately in writing; and
4.2.2 If the Customer wishes to extend the equipment hire period, it must notify the Company immediately by purchase order. The Company reserves the right to refuse to extend such equipment hire period. In the event of failure to return all (or part only) of the Equipment at the end of booked equipment hire period, the Customer will incur continuing hire at the full daily rate until the balance of all of the Equipment is returned. In addition, the Company reserves the right to levy penalty charges. Early return of the Equipment will not automatically entitle the Customer to any abatement of equipment hire payments for the period ordered.
4.2.3 In the event of Equipment breakdown, the Customer must notify the Company immediately and, subject to the Company’s directions, return failed Equipment within 4 days.
4.2.4 Any Equipment disassembly, re-engineering, modification, recalibration or repair by the Customer is forbidden without written consent from the Company. Evidence of tampering may result in a refurbishment fee.
4.3 If the Customer does not allow the Company access to provide the Equipment. If the Customer does not allow or procure the Company access to its property to provide the Equipment as arranged the Company may charge the Customer additional costs incurred by the Company as a result. If, despite the Company’ reasonable efforts, the Company is unable to contact the Customer or re-arrange access to the Customer’s property the Company may end the contract. It is the Customer’s responsibility to ensure that the Site has been inspected by the Customer and that the Site is adequately prepared to allow the Company to access it to effect Delivery in a safe manner without causing damage. The Customer acknowledges that the Company may effect deliveries or collections in large, heavy commercial vehicles and will hold the Company harmless in the event of any damage caused by lack of Site preparation by the Customer, to include poor access routes and/or ground conditions. If the Customer has any concerns around access and safe delivery, this should be raised with the Company staff prior to completing an Order and noted on the Order, failing which the Company shall have no liability for damage to Site or delayed or failed delivery and the Customer shall be liable for any related charges, including redelivery charges.
4.4 If the Customer does not allow the Company access to collect the Equipment. The Customer shall grant or procure the grant of access to the Site to the Company to allow the collection of the Equipment and make the Equipment available for collection by the Company on the date and time agreed between the parties. If the Company is unable to collect the Equipment as arranged the Company may charge the Customer any additional costs incurred by the Company as a result.
4.5 Office collections and returns. When a Customer wishes to collect or return Equipment from or to an the Company branch or place of business, it shall be the Customer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Customer or by the Company staff and the Customer shall hold the Company harmless in the event of contravention of this. Should the Customer have any doubt as to whether this can be complied with, it should ask the Company to arrange a collection/delivery, subject to Charges (as applicable).
4.7 The Customer is responsible for risk of the Equipment from the moment it leaves the Companypremises in accordance with clause 3.1 until it is returned to the Company’s premises. The Customer must insure the Equipment for its full replacement value as stated by the Company with the Company named upon its insurance as loss payee. In the event that the Customer fails to produce to the Company’s reasonable satisfaction evidence of its insurance the Company reserves the right to make an additional charge for insurance of the equipment during the equipment hire period.
4.8 Damage to or loss of Equipment. The Customer shall pay the Company:
4.8.1 all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Customer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Customer by the Company, subject to supporting documentation. In addition, the Customer will continue to pay the Charges until any repairs and or cleaning have been completed; and
4.8.2 the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Customer will continue to pay the Charges, until the Replacement Cost has been received by the Company.
The Customer must when confirming equipment hire, notify the Company of any abnormal environmental factors and conditions of use which may apply whilst the equipment is in its possession. The Company will not accept liability for any malfunction of the equipment as a result of abnormal environmental factors outside the specification standards of the Equipment supplied. Such factors include the matter set out in clause 6.2.2. In such cases, costs incurred by the Company in repairing Equipment and investigating causes of the malfunction shall be paid by the Customer.
6.1 The Company warrants that the Equipment will correspond with specification at the time of delivery and during the equipment hire period.
6.2 The warranty in 6.1 is subject to the following conditions:
6.2.1 The Company shall not be liable for any defect arising from failure to follow the Company’s instructions, the manufacturer’s instructions or misuse of the Equipment, where mechanical devices are supplied is it the Customer’s responsibility to make regular inspection of the Equipment supplied and keep moving parts lubricated as per the manufacturer’s instructions.
6.2.2 The Company will not be liable if the Equipment malfunction as a result of abnormal environmental and other factors outside the published specification of the Equipment unless those factors have been notified to the Company at the time of placing of the order and the Company has accepted responsibility for them in writing. Such abnormal factors include amongst other matters mains power transients or dropouts, electromagnetic interference, extremes of humidity, immersion in or exposure of the Equipment to water or other liquid, vibration, temperature or pressure or chemical corrosion.
6.2.3 All warranties, conditions and other terms implied by statute or law are excluded.
7.1 In respect of any valid claim the Company shall be entitled to replace the Equipment promptly or at the Company’s discretion refund to the Customer the hire price of the Equipment.
7.2 If the Company is liable to the Customer arising out of this Agreement such liability should be limited to direct loss and damage only and shall not exceed 200% of the equipment hire price of the Equipment under this Agreement.
7.3 The Company shall not be liable to the Customer for any indirect, special or consequential loss or damage including loss of profit, loss of use or anticipated savings.
7.4 The Company does not limit its liability in respect of fraud or in relation to personal injury or death caused by the negligence of the Company or its employees.
7.5 The Customer acknowledges that it alone is responsible for obtaining any necessary import or export licences or consent of any governmental or other authority and that the Company cannot be liable in any way for the Customer’s failure to obtain such necessary import or export licence or consent of any governmental or other authority as the case may be.
The Company shall not be liable for any failure to perform its obligations hereunder which may be due to any circumstances beyond its control including but not limited to Act of God, war or threat of war, insurrection, civil disturbance, requisition, measures of any kind on behalf of any governmental authority, import or trade regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes.
9.1 The Company hereby reserves the right to make without notice such minor modifications and specifications of Equipment as it may deem necessary or desirable by experience.
9.2 Minimum Hire Period on this equipment is 5 days.
9.3 A cancellation charge equivalent to one transit day shall apply to any equipment hire contract that is cancelled by the Customer within 24 hours of shipment, or collection date.
10.1 Any legal and associated costs incurred by the Company in pursuing overdue payments shall be borne by the Customer on an indemnity basis.
10.2 All contracts shall in all respects be governed by and construed in accordance with the laws of England.
10.3 This Agreement may be executed in one or more counterparts each of which shall be deemed an original. An original signed copy which is sent by facsimile or email or executed by an electronic signature shall have the same force and effect as an Agreement executed by an original signature.