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.
- 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
Acceptance of Equipment
Warranty / Liability of Claim
1. 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.
2. To permit the Owners of their authorised representative at all times to enter upon premises or vessels where the said Equipment may be inspected
3. 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.
4. To keep the Equipment in good condition and not subject the same to any misuse, normal wear and tear excepted.
5. To preserve the Owners and manufacturers identification numbers and marks of any name-plates that should be upon the same Equipment.
6. 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.
7. 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.
8. 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.
9. 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.
10. Any items or non-expendable material not returned to Owner will be charged at full replacement cost.
11. To ensure that the Equipment is operated in a skilful and proper manner and by persons who are competent to operate the same.