Please read carefully to ensure that these conditions do not contain anything with which you are not prepared to agree. Complete the details at the end of this document to confirm agreement of the hire conditions.
This Contract is for the hire of items and accessories (“Equipment”) and the parties to the Contract are:
(i) the “Hirer” and where the Hirer is not an individual acting in person, the “Signatory”.
(ii) IDS Limited, Nottingham. Any condition deemed invalid will not affect other conditions. Nothing in this contract is intended to limit a consumer’s existing legal rights.
(b) Extent of Contract and Cancellation
The Contract is not assignable and is effective when IDS accepts the Hirer’s detailed order together with this completed agreement. IDS reserves the right to charge for cancellation.
IDS may terminate the Contract and repossess equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
(d) Ownership of Equipment and Goods
Equipment hired remains the property of IDS at all times.
(a) Basis of charging
The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays.
(b) Transport charges
Delivery and collections including attempted calls are chargeable.
(c) Time for payment and VAT
The Hirer will pay all monies outstanding, including VAT and will be liable for reasonable legal charges incurred by IDS in the recovery of amounts due, Equipment and/or Goods.
(d) Credit and debit card transactions
Where the Hirer has signed a blank credit or debit card voucher, with a subsequent payment shortfall, IDS may insert and present for payment the balance due. Part payments by credit or debit card may also be processed by IDS at interim stages of the Contract.
(e) Loss of Equipment, cleaning, damage repair
IDS may treat Equipment unavailable for inspection after reasonable notice as lost and levy a penalty charge against the Hirer for Equipment replacement and revenue loss. The Hirer will pay for required cleaning, damage repair and/or Equipment loss. Hire charges accrue until full settlement is made.
Should Equipment breakdown the Hirer must inform IDS who will arrange repair or replacement. If the repair is under warranty no charge will be incurred, should the cause be “User Fault” the Hirer will be invoiced for the cost of the repair. Repairs will be carried out by IDS at their premises or location of their choice.
(a) Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/hand over. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to IDS as soon as possible.
(b) Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
(c) Security of Equipment
The Hirer accepts responsibility for Equipment security until its return to IDS and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
(d) Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming with relevant legislation and the IDS operating and safety instructions supplied) by persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify IDS of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-IDS equipment used in conjunction with or attached to Equipment also conforms with safety requirements.
(e) Return or collection of Equipment
The Hirer may arrange for the return or collection of Equipment to IDS during normal business hours.
(f) 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 pay to IDS any insurance claim proceeds. This liability is without prejudice to any IDS rights under the Contract. Replacement Equipment purchased with insurance claim proceeds is the property of IDS.
(a) Hire rates
IDS will maintain the agreed hire rates for the duration of the Contract.
(b) Safety and operating instructions
IDS will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
(c) Testing and inspection of Equipment
IDS will comprehensively test all equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes IDS will substitute items of similar specification.
(d) Delivery and collection
The Hirer will be responsible for delivery and collection of Equipment.
(e) Limitation of liability
The liability of IDS for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above IDS will be liable for negligence or error in the performance of its obligations under the Contract.
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