1.
GENERAL
(a) Definitions
This contract is for the hire of items and accessories("Equipment")
and the sale of `resale' goods ("Goods") detailed
overleaf, and the parties to the Contract are,
(i) the "Hirer" and, where the Hirer is not an individualacting
in person, the "Signatory" overleaf.
(ii) Trek Hire UK, with registered offices at PissaroHouse,
77a Westow Hill, Upper Norwood, London SE19 1TZ ("THUK").
No variation or addition shall be effective. Any conditiondeemed
invalid will not affect other conditions. A decision notto enforce
any condition will not diminish any party's rights.
(b) Extent of Contract
The Contract is not assignable and is effective when THUK
accepts the Hirer's detailed order.
(c) Termination
THUK may terminate the Contract and repossess equipmentwithout
effecting any rights to recover monies due, damages forbreach
of contract or other remedies where the Hirer is in breachor
is involved in insolvency or liquidation proceedings.
(d) Ownership of Equipment and
Goods
Equipment hired remains the property of THUK at all times.Ownership
of goods purchased transfers only when fullpayment is received
by THUK.
2. HIRE CHARGES
(a) Basis of charging
The stated hire charges are for the duration of the Contract
andinclude Saturdays, Sundays and Public Holidays.
(b) Transport charges
Attempted calls may be charged at THUK's current rates.
(c) Time for Payment
The Hirer will pay all monies outstanding, on demand.
(d) Deposits
Deposits are set by THUK at amounts reasonably required andwill
be offset against any monies due. Deposit balances arerefunded
upon return to THUK of Equipment undamaged andin good condition.
Balances of deposits paid will be refundedby cheque or credit
card refund within 7 business days.
(e) Credit card transactions
Where the hirer has signed a blank credit card voucher, with
asubsequent payment shortfall, THUK may insert and presentfor
payment the balance due.
(f) Loss of Equipment, cleaning
and damage repair
THUK may treat Equipment unavailable for inspection afterreasonable
notice as lost and levy a penalty charge against theHirer
equal to the current replacement value.The Hirer will pay
for Equipment loss or required cleaningexcept where condition
2(g) applies, breakages and damagerepair. Hire charges accnie
until full settlement is made.
(g) Damage waiver option
If the Hirer pays the appropriate damage waiver charge (where
available as an option) THUK will waiver any furthercharge
for rectifying accidentally damaged Equipment.Damage waiver
is not an insurance for lost or stolen Equipment.
(h) Cancellation charges
THUK may charge for Contract cancellation unless at least
30 days prior notice is received. |
3.
HIRER'S RESPONSIBILITIES
(a) Delivery/collection of Equipment
and Goods
The Hirer will provide adequate delivery and collectionaccess
for Equipment and/or Goods.
(b) Inspection and receipt of
Equipment and Goods
The Hirer/Signatory will examine Equipment and/or Goods at
delivery/handover and sign confirming satisfaction. Delivered
shortages or damaged Equipment must be agreedand noted on
the Contract/delivery document.
(c) Security of Equipment
The Hirer accepts responsibility for Equipment security untilits
collection by or return to THUK and undertakes not to sellor
relinquish possession, alter, repair or modify it in any way.
(d) Return or collection of Equipment
The Hirer may arrange for the return or collection of the
equipment during business hours and when Equipment has been
returned THUK will confirm receipt. The Hirer willremain liable
for on-going hire charges until such confirmationhas been
issued. The Hirer will remain responsible for Equipment until
actual collection.
(e) Lost or stolen equipment
The Hirer agrees to insure Equipment on a full replacement
basis against the risks of loss and theft and on demand to
payto THUK any insurance claim proceeds. This liability iswithout
prejudice to any THUK rights under the Contract.Replacement
Equipment purchased with insurance claimproceeds is the property
of THUK.
4. THUK'S RESPONSIBILITY
(a) Hire Rates
THUK will maintain the agreed hire rates for theduration of
the contract.
(b) Testing and Inspection of
Equipment
Equipment will be inspected and tested where appropriate inaccordance
with relevant statutory requirements and if equipment needs
to be recovered from the Hirer for suchpurposes THUK will
substitute items of similar specification.
(c) Delivery and Collection
Following the Contract delivery/collection date THUK willEndeavour
to deliver or collect equipment within a day,wherever possible.
(d) Supply of Equipment and Goods
and limitation of liability
THUK may substitute items of similar quality and specification
where necessary. The liability of THUK forclaims made by the
Hirer will not exceed the Contract chargeor the price of Goods
whichever is less and does not extendto any consequential
or financial loss caused by late or nondelivery of Equipment
and/or Goods, unsuitability, stoppage or lawful repression.
Subject to the above THUK will be liable for negligence orerror
in the performance of its obligations under The Contract.
Subject to the above THUK will be liable for negligence orerror
in the performance of its obligations under The Contract. |
