Terms & Conditions
- Applications of Terms and Conditions
The Terms and Conditions hereto setforth between HIGH MOTIVE LTD., (Owner) and Customer (as named in the Schedule), with respect to Equipment shall not be amended unless accepted by the Company in writing and signed by both parties.
- Rental Period
The terms of rental shall be for the period set out in the Schedule of Equipment and thereafter extendable by complete weekly periods. The rental commences on the day the Equipment is dispatched from the Owners premises and continues until the day the Equipment is returned thereto during normal working hours. It is the Customers responsibility to inform the Owner of the rental termination or extension and method of return of Equipment. Customers assumes the responsibility of returning equipment to Owner. It is the Customers responsibility to obtain a written acceptance of receipt of Equipment from and authorised member of the Owners staff when returned by Customers own transport. In addition, if any such rental fee or other amount remains unpaid more than thirty days after the date is due, Owner shall have the right to terminate this agreement, take immediate possession of the equipment and recover from Customer in any action to enforce Owners right hereunder. Owners costs and reasonable legal fees.
- Payment of Rental
Customer shall pay Owner on invoices provided weekly/monthly during the rental period the invoiced weekly/monthly rental fee for each item of Equipment. Payment shall be due within thirty days of date of invoice. The first payment will include hire charges up to and including the last day of the month following the month in which the hire begins, carriage charges, Home Office licence fees and any other non-recurring extras. Subsequent invoices will be for complete calendar months with the exception of the final invoice which will include hire charges up to an including the day the Equipment is received back at Owners premises. Any adjustments required will be actioned on the final invoice. Until Trade References are established the first complete months rental payments may be payable in advance. In the event that the Equipment is retained after the official rental period terminates the rental fee charged to the Customer shall be the same as that laid out in the Schedule of equipment. A week is taken to be seven consecutive days, including the day rental commenced. Part of a week will be charged as a full week. In addition, if any such rental fee or other amount remains unpaid more than thirty days after the date it is due, the Owners shall have the right to terminate the Agreement and charge interest at the rate of three percent pre annum above the Bank of England rate on sums unpaid calculated from the date due until payment.
- Delivery & collection
The Owner will use its reasonable endeavour to meet quoted delivery dates, but shall not be liable for delay in delivery arising from whatever cause. Delivery and collection of equipment up to a distance of fifty miles radius of Owners facility may be made by the Owners transport based on standard charges available on request. Shipments other than by Owners transport within or outside fifty mile radius of Owners facility will be made as specified by the Customer and at the Customers expense. It is the responsibility of the Customer to return the Equipment by prepaid shipment by only the following methods:-
- Own Transport (b) 1st Class Post Recorded Delivery
- c) A Secure Carrier (i.e Citylink / Interlink) (d) Air Cargo Operator
The Owners packaging materials are chargeable in full, if not returned upon termination of rental.
- Acceptance of Equipment
Unless notified by Customer within forty-eight hours it shall be conclusively presumed the Equipment was delivered in good operating conditions and in complete accordance with the manufacturers description
- Warranty / Liability of Claim
Owner hereby warrants to Customer only that each item of Equipment when delivered will be in good operating condition. Customer damages for any breach by Owner of such warranty with respect to an item of Equipment discovered to be defective by Customer after deliver, in no event shall damages exceed rental fees already paid by the Customer for such item.
The foregoing warranty and damages for breach thereof are exclusively warranty and damages in lieu of any oral representation and all other warranties and damages whether implied or statutory. Owners do not warrant the mechanic ability of the Equipment or its fitness or suitability for any particular purpose or use. The Customers shall be solely responsible and hold the Owner fully indemnified against loss, damage or injury (including death) to persons or property occurring in connection with any of the said Equipment or as a result of the use thereof.
The Equipment shall remain the property of the Owner and is provided to the Customer solely on a rental basis without any option to purchase.
- Customer Obligations
The Customer shall agree during the continuance of the Contract
- To keep the said Equipment in the Customers own possession and not to remove the same from Customers own possession without first notifying in writing the Owners of its destination.
- To permit the Owners of their authorised representative at all times to enter upon premises or vessels where the said Equipment may be inspected
- To repay Owners on demand all costs, chargers and expenses incurred in any way be reason of any breach of any of these terms and conditions by the Customer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the Equipment whereabouts.
- To keep the Equipment in good condition and not subject the same to any misuse, normal wear and tear excepted.
- To preserve the Owners and manufacturers identification numbers and marks of any name-plates that should be upon the same Equipment.
- To arrange at Customers expense, adequate insurance cover for the Equipment against loss or damage from any occurrence whatsoever until said Equipment is received at Owners facility and approved signature given.
- To notify the Owners in writing immediately of any loss or damage to the said Equipment and on demand to reimburse the Owner in respect thereof with in thirty days od the occurrence. The Owner shall continue to charge the full cost of rental for the said Equipment until such payment is received. The Customer shall be liable under this section for the full cost of replacing the said Equipment.
- Not to sell, assign, sub-rent or transfer the benefit of the Contract in whole or in part with possession of the said Equipment or any part of it at any time during the rental.
- Not to make alteration, modification or technical adjustments or attempt to do any repairs to the said Equipment without the written consent of the Owners.
- Any items or non-expendable material not returned to Owner will be charged at full replacement cost.
- To ensure that the Equipment is operated in a skilful and proper manner and by persons who are competent to operate the same.
Owner shall at its expense provide routine maintenance for all Equipment and shall endeavour to repair or replace any item of equipment which becomes defective during the rental period through no fault of the Customer. Unless otherwise agreed in writing the continuity of this agreement is not affected by any item of Equipment being out of the Customer possession for repair for less than five working days excluding transportation time. In the event that in item of Equipment does not operate properly, Customer shall notify Owner and request instructions before taking remedial action or returning same to Owner. In the event that any item of Equipment requires repair as a result of Customer negligence, misuse or abuse of such item, Customer shall bear the entire cost of any such repair, including shipping costs.
- Customer Undertaking
By entering into this Agreement, the Customer undertakes all reasonable and practicable steps to ensure its use of said Equipment conforms with the terms and conditions laid down in the Health and Safety of Work etc Act 1974.
If Customer cancels part or all of the Agreement prior to commencement of rental, such cancellation can only be accepted with Owners consent and on terms which indemnify against loss.
All prices quoted are exclusive of VAT which will be charged at the prevailing rate of tax point date.
In this lease the Equipment shall include all additions and accessories thereto and all replacements and renewals thereof whether or not made before the date of this Agreement.
Title of any Equipment offered for sale does not pass to the purchaser until full payment has been received and is subject to our terms and conditions of sale which are available on request.