- In these terms & conditions and in the Rental Agreement hereto except where the context otherwise requires the following expressions shall have the following meaning:
- “the Agreement” means these Terms and Conditions and the Rental Agreement
- “the Lessor” means Anna Valley Limited
- “the Lessee” means the person, firm or company renting the equipment
- “the Equipment” means the equipment specified together with (if any) the accessories, manual & flight cases and any part of the same
- “the full replacement value” means the cost of new replacement equipment from an approved supplier of the same type and/or equivalent model current at the time of the loss
- “Rental Agreement/Rental” means the exact details of the Equipment being hired by the Lessee
3. APPLICATION OF TERMS
- Subject to any variation under condition 5 the Agreement shall be on these conditions to the exclusion of all other terms and conditions.
- These conditions apply to everything that the Lessor hires out and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by a duly authorised officer of the Lessor. The Lessee acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Lessor.
- No order placed by the Lessee shall be deemed to be accepted by the Lessor until a Rental Agreement is issued by the Lessor.
- The quantity and description of the Equipment to be hired shall be set out in the Rental Agreement
- It will be agreed between the parties as to how delivery of the equipment will take place. Any dates quoted for delivery are approximate only and the Lessor shall not be liable for any delay in delivery howsoever caused. Time of delivery shall not be of the essence. When the Equipment is collected from the Lessor’s premises or is delivered to the Lessee, the Lessee or his agent or his representative shall sign the Agreement (if not signed prior thereto) presented by the Lessor’s representative and this shall be conclusive proof of the quality and delivery in good condition of the equipment, the date or delivery specified and acceptance of our Terms and Conditions.
- The Lessor shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Equipment.
- The Lessor reserves the right to charge the Lessee any and all costs in the event of the Equipment not being able to be delivered at the address previously agreed between both parties unless the Lessee has provided 7 days prior notification that the delivery cannot be made.
- The Equipment is at the risk of the Lessee from the time of delivery.
- The Lessee shall pay to the Lessor a charge for the cost of insuring the equipment in the joint names of the Lessor and the Lessee against physical loss or damage from the time when the equipment leaves the Lessor’s premises until the time it is returned excluding the first £500 of each and every loss for which the Lessee shall be responsible. It is a condition of this Agreement that such insurance be affected and if it is not the Lessee shall have agreed that the Lessee shall arrange his own “all risks” insurance in respect of the Equipment at the full replacement value plus any associated loss of hire income. It is an express term of the Agreement that if for any reason whatsoever the insurers of the equipment refuse to settle any claim made in respect of the equipment under such insurance policy the Lessee shall be liable to pay forthwith to the Lessor the balance of such claim and until such sum if paid in full the Lessee shall pay interest from 7 days after the date of the Lessor’s demand thereon on the same basis as if such sum was unpaid rent in that interest shall be payable to the Lessor upon the said sum at the rate of 5% above Bank of England base rate per month or any part thereof.
- The price for the hire of the Equipment shall be set out in the Rental Agreement.
- In addition to the Rental charges the Lessee shall pay to the Lessor a charge for the cost of insuring the equipment in the joint names of the Lessor and the Lessee against physical loss or damage from the time when the equipment leaves the Lessor’s premises until the time it is returned excluding the first £500 of each and every loss for which the Lessee shall be responsible. It is a condition of this Agreement that such insurance be affected and if it is not the Lessee shall have agreed that the Lessee shall arrange his own “all risks” insurance in respect of the Equipment at the full replacement value plus any associated loss of hire income. It is an express term of the Agreement that if for any reason whatsoever the insurers of the equipment refuse to settle any claim made in respect of the equipment under such insurance policy the Lessee shall be liable to pay forthwith to the Lessor the balance of such claim and until such sum if paid in full the Lessee shall pay interest from 7 days after the date of the Lessor’s demand thereon on the same basis as if such sum was unpaid rent in that interest shall be payable to the Lessor upon the said sum at the rate of 5% above Bank of England base rate per month or any part thereof.
- The Lessee shall be liable for payment of any and all charges as set out in the Rental Agreement as from the time for which the Equipment is ordered (which shall be the commencement of the Rental period) until either (i) the time of its return to the Lessor or (ii) if the Equipment is lost or stolen or is otherwise unrecoverable or is damaged then in any such case the time of its replacement or repair and the Lessor undertakes to replace the same as soon as reasonably possible. A 24-hour period or any part thereof constitutes one days Rental.
- Any servicing required as a direct result of the Lessee’s hire of the Equipment will be charged to the Lessee’s account (i.e. crack oil in the optical engine).
- The price shall be exclusive of any VAT and all costs or charges in relation to packaging, loading, unloading, carriage or insurance, all of which amounts the Lessee shall pay in addition to the price specified in the Rental Agreement.
- Payment will be due from the time the Equipment is ordered. One day’s rental is either a 24-hour period or any part thereof
- The Lessor shall pay the price and other charges for the Equipment within 30 days of the date of the invoice. Failure to pay within that time will allow the Lessor to charge interest at a rate of 5% per annum above Bank of England base rate from time to time. Time for payment shall be of the essence.
26. LESSEE’S OBLIGATIONS
- Be responsible for the loss or damage (howsoever caused) to the Equipment.
- Be responsible for keeping the Equipment properly maintained and repaired at your own expense.
- Keep the equipment in your sole possession and not sell, assign, mortgage, charge or sublet the Equipment without the Lessor’s consent nor without the Lessor’s consent remove or permit the removal of the equipment from the United Kingdom.
- Return the Equipment at your own expense to the Lessor on the expiry of Hire Dates in the Rental Agreement in the same condition as the Lessor hired it subject to any natural wear and tear.
- The Lessor shall not in any circumstances by liable to the Lessee or any third party for any claims in respect of loss of profits special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to persons or property howsoever caused whether arising directly or indirectly from the Rental or use of the Equipment by the Lessee.
- The Lessee is only to use any original material on in or in connection with the use of the Equipment at the Lessees entire risk and the Lessor will not under any circumstances accept any responsibility in connection with any loss or damage to or in respect of the same.
33. LESSOR’S OBLIGATIONS
- The Lessor endeavours to ensure that all Equipment rented to the Lessee is sound and in good order and condition at the time of delivery to or collection by the Lessee but it shall be the responsibility of the Lessee to ensure that the Equipment is fully suitable in all respects including type and condition and that it is and remains satisfactory for the purpose for which it is rented. The Lessee shall use or cause to be used the Equipment in a skilful and proper manner and shall at his own expense keep it in good condition (save for fair wear and tear) and further shall take all precautions necessary to ensure its safety and security. The Lessee will not open the outer case (if any) of the Equipment or of any item or part thereof nor interfere in any way with the Equipment or the mechanism thereof or any nameplates or signs or serial numbers thereon and will not expose the Equipment to the elements (in particular to salt water and spray) and will keep the Equipment protected in all respects. Any damage to the Equipment including loss or damage caused by nonfamiliarisation or misuse of the same is the sole.
- responsibility of the Lessee who will be charged with the cost of repair or full replacement value of the Equipment as the case may be. The Lessee must not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment.
- Any order or instruction required to be given to the Lessor by the Lessee shall be given by him or his duly authorised agent in writing. If given orally it shall be confirmed in writing within two days. The Lessor shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Lessee not received by the Lessor in writing or so confirmed.
- The Agreement may be terminated by the Lessor by written notice given by the Lessor to the Lessee to that effect on the happening of any of the following events namely if the Lessee fails to pay any charges hereunder within 30 days of the same having become due (whether demanded or not) or fails to observe or perform any other of these terms & conditions or if the Lessee commits any act of bankruptcy or being a Company goes into liquidation or has a Receiver appointed in respect of the whole or any pan of its undertaking or assets or is subject to a Receiving Order or makes any arrangement with or assignment for the benefit of the Lessees creditors or if distress is levied or threatened on any of the Lessees property or if the Lessee abandons the Equipment.
- Without prejudice to any other right or remedy available to the Lessor in the event of the cancellation of an order by the Lessee the Lessor reserves the right to make a cancellation charge not exceeding the full Rental charge specified in the Rental Agreement.
- The termination of the Agreement and the Rental thereby created for any reason whatsoever shall not affect any other right or remedy of the Lessor against the Lessee and without prejudice to the generality thereof shall not affect the right of the Lessor to recover from the Lessee any Rental charges and other monies due to the Lessor at the date of such termination and shall not affect the Lessor’s right to recover damages from the Lessee in respect of any breach of the terms & conditions of the Agreement.
41. FORCE MAJEURE
- The Lessor reserves the right to defer the date of delivery or reduce the volume of Goods hired by the Lessee if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control.
- The Lessor reserves the right to sub-contract all or any part of the Lessee’s order and to assign or otherwise deal in any way whatsoever with the Lessor’s interest in the Equipment and in the Agreement.
- The Lessee may not assign, mortgage, charge or sublet this Agreement. The Lessor reserves the right to transfer or to charge the benefit of this Agreement to any person in the Lessor’s absolute discretion.
- If any of the provisions of these conditions are held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby.
- The Lessee will be liable to the Lessor for all legal costs and other costs (on a full indemnity basis) incurred by us in enforcing any provision of this Agreement or recovering any sum due hereunder.
- The Agreement shall be construed in accordance with the Laws of England.