DCR Hire Terms and Conditions
Introduction
These terms and conditions are governed by and are subject to the laws of England and Wales, regardless of the location of the user, and any claims of any kind related thereto must be filed at the UK court. This document forms a contract between DCR Inspection Systems Ltd (the Company) and another company or individual (the Customer) for the supply of drain inspection cameras and ancillary items including software (the Hired Equipment).
General
1. Ownership in the Hired Equipment remains at all times with the Company. The Customer has no right, title or interest in the Hired Equipment. The Customer must not deal with the ownership, or any interest in the Hired Equipment. This includes selling, assigning, mortgaging, pledging, charging, securing, withholding, exerting any right to withhold, disposing of and/or lending.
2. The Company will not be liable for any consequential loss or losses due to breakdown or non-availability of Hire Equipment including those due to data loss or damage.
3. The Company will use its best endeavours to supply Hire Equipment in a safe, clean and serviceable condition, together with any instructions necessary for its safe and effective use.
Customer's Obligations in respect of Hired Equipment
1. The Company may require the Customer to insure the Hired Equipment on such reasonable terms and for such reasonable risks as the Company may specify. The proceeds of any such insurance that relate directly to the Hired Equipment shall be held by the Customer in trust for the Company and be paid to the Company on demand. The Customer must not compromise any claim in respect of the Hired Equipment and/or any associated insurance without the Company’s written consent.
2. Risk in the Hired Equipment will not pass back to the Company from the Customer until the Hired Equipment is back in the physical possession of the Company or its agent. This shall apply even if the Company has agreed to cease charging the hire charges.
3. If any services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Company’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Maturer event.
4. The Customer shall be responsible for all expenses, loss (including loss of Hire Charges) and/or damage suffered by the Company arising from any breakdown of the Hired Equipment due to the Customer’s negligence, breach of Contract, misdirection and/or misuse of the Hired Equipment.
5. The Company shall at its own cost carry out all routine maintenance and repairs to the Hired Equipment during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hired Equipment. The Customer will be responsible for the cost of all repairs necessary to Hired Equipment during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Company while carrying out routine maintenance and/or repairs. Allowance will be made by the Company in relation to the Hire Charges to the Customer for any non use of the Hired Equipment due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Company as soon as practicable of the breakdown.
6. The Customer must not repair or attempt to repair the Hired Equipment unless authorised to do so in writing by the Company.
Care of Hired Equipment
The Customer shall:
1. not remove any labels from and/or interfere with the Hired Equipment, their working mechanisms or any other parts of them and shall take reasonable care of the Hired Equipment
2. only use the Hired Equipment for its proper purpose in a safe and correct manner in accordance with best practice and any operating and/or safety instructions provided or supplied to the Customer;
3. notify the Company immediately after any breakdown, loss and/or damage to the Hired Equipment;
4. take adequate and proper measures to protect the Hired Equipment from theft, damage and/or other risks;
5. notify the Company of any change of its address and upon the Company’s request provide details of the location of the Hired Equipment;
6. permit the Company at all reasonable times and upon reasonable notice to inspect the Hired Equipment including procuring access to any property where the Hired Equipment is situated;
7. keep the Hired Equipment at all times in its possession and control and not remove the Hired Equipment from the country where the Customer is located without the prior written consent of the Company;
8. be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hired Equipment required by any legislation, best practice and/or operating instructions except to the extent that the Company has agreed to provide them;
9. not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hired Equipment;
10. inform the Company as soon as practicable after any damage occurs;
11. not continue to use Hired Equipment where it has been damaged;
12. notify the Company immediately if the Hired Equipment are involved in an accident resulting in damage to the Hired Equipment, other property and/or injury to any person;
13. Where the Hired Equipment requires fuel, oil and/or electricity the Customer will ensure that the proper type and/or voltage is used and that, where appropriate, the Hired Equipment is properly installed and/or used by a qualified and competent person;
14. return the Hire Equipment in good working order and condition and in the same condition that they were in prior to the hire, (fair wear and tear excepted) and in a clean condition together with all ancillaries insurance policies, licenses, registration and other documents relating to the Hired Equipment.
15. ensure that computer equipment including operating systems and software is operated in accordance with the provisions of all original software licenses and no attempt is made to reverse engineer or copy such software outside the terms of those licenses;
16. back up survey and other data regularly whilst Hire Equipment is in use in accordance with industry best practice;
17. delete data from any hard drives prior to return of equipment to the company unless agreed by the Company.
Recovery of Hired Equipment
1. The Company may, if a breach of Contract has occurred, enter without prior notice any premises of the Customer (or premises of third parties) where Hired Equipment is located in order to recover the Hired Equipment. The Customer warrants that the Company shall have all rights, licences and permissions required to enter the Customer's premises, and the premises of third parties, for the recovery of Hired Equipment.
2. Any recovery of Hired Equipment shall not affect the Company’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to the recovery of Hired Equipment.
3. The Company may recover the costs, including but not limited to the costs of replacement, in respect of lost or damaged Hired Equipment.
Customer's Obligations in respect of Carriers
The company sometimes contracts a third party carrier to deliver Hired Equipment and subsequently collect it. The employees of this carrier are entitled to refuse to transit any items that they believe may be in any way unsafe, insanitary or inadequately packaged.
1. The Equipment is deemed available for collection by the Company's carrier only when it is clean, dry and packed to a good standard.
2. The Customer will provide access to its premisses for collection of the Hired Equipment between 9.00 a.m. and 5.00 p.m. on Hire-end day unless otherwise agreed. In some cases, heavier items will be dispatched by the Company to the Customer on pallets. In this case, they should be returned on pallets.
3. The Customer may be held liable for delay or damage due to inadequate packaging or the insanitary condition of Hired Equipment. It is suggested that the Customer keeps any packaging supplied by the Company for re-use and consults the Company if in any doubt about packing techniques or standards.
Delays, loss or damage
1. If the Hired Equipment is returned in a damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hired Equipment the Customer shall be liable to pay the Company for the cost of any repair and/or cleaning required to return the Hired Equipment to a condition fit for re‐hire and to pay the Hire Charges, until such repairs and/or cleaning have been completed.
2. The Customer will pay to the Company the replacement cost of any Hired Equipment which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Company under any policy of insurance taken out in accordance with the Contract. The Customer shall pay the Hire Charges for the Hired Equipment up to and including the date it notifies the Company that the Hired Equipment have been lost, stolen and/or damaged beyond economic repair. From that date until the Company has replaced such Hired Equipment the Customer shall pay, as a genuine pre‐estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Hire Charges that would have applied for such Hired Equipment for that period. The Company shall use its reasonable commercial endeavours to purchase replacements for such Hired Equipment as quickly as possible using the monies paid under any insurance policy.
3. If, in breach of the Contract, the Customer delays returning the Hired Equipment to the Company after the expiry of the Hire Period, then the Hire Charge shall continue to apply until the Hired Equipment is returned to the Company.
Termination
If the Hire Period has a fixed duration, neither the Customer nor the Company shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed in writing with the other party. If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hired Equipment to the Company or, if requested by the Company, make the Hired Equipment available for collection by the Company or its agent as described elsewhere in this document;
Upon termination of the Contract, or the expiry of the Hire Period, the Customer shall immediately:
1. return the Hired Equipment to the Company or if requested by the Company make the Hired Equipment available for collection by the Company or its agent as described elsewhere in this document;
2. pay to the Company all arrears and/or any other sums payable under this Contract. The Company may demand interest at 8% above base rate on monies outstanding beyond agreed terms.