The following terms and conditions constitute the entire agreement between you (the Hirer) and OTC (the Owners). Unless otherwise agreed in writing by the Owners, these terms and conditions shall attach to all transactions between the Hirer and the Owners.
The minimum term of the hire shall be either the Min. Rate or Week Rate and continue thereafter on a daily rate basis.
The charges for rental shall be at the rates shown in the price list current at the commencement of the Hire. A week is taken to be seven consecutive days, including the day the hire commences. At any time the Owners reserve the right to alter rental charges, delivery and collection charges, any discounts, and the contents of the catalogue without prior notice. There is a minimum hire charge of the Min. Rate or Week Rate as laid out in the price list, excluding transport charges, which the Hirer accepts upon commencement of the hire irrespective of its duration.
THE HIRE COMMENCES ON THE DAY THE EQUIPMENT IS COLLECTED BY THE HIRER FROM THE OWNERS PREMISES OR THE DAY OF DELIVERY TO THE CUSTOMERS PREMISES AND CONTINUES TO THE DAY PRIOR TO THE DAY THE HIRER RETURNS THE EQUIPMENT TO THE OWNERS PREMISES PROVIDED THIS IS BEFORE 12.00 NOON. Beyond 12.00 noon the Owner reserves the right to charge an extra days hire at the current rate in the price list. It is the Hirer's responsibility to inform the Owners of intentions to either terminate or extend the hire. Where equipment is being returned by carrier, the hire shall terminate when the equipment is collected by the Owners representatives from the appropriate depot or is received by the Owners. It is the Hirer's responsibility to obtain, from an authorised member of the Owner's staff, a written acceptance of receipt of the equipment when returned by the Hirer's own transport. If the equipment is not received at the Owners premises or the Hirer fails to make equipment available for the Owners' transport or appointed agent on or prior to the last day of the rental period, the period of hire shall be deemed to continue as referred to in clause 2 above.
In addition to the hire charges, separate charges shall be made for delivery of the equipment. It is the Hirer's responsibility to agree the method of delivery and collection to be used prior to the commencement of hire:
a) Delivery and collection to and from the Owners premises to the Hirer’s premises may be made by the Owners' transport in accordance with the Owners' standard scale of charges.
b) Delivery will usually be made by the Owners appointed carrier in accordance with the Owners standard scale of charges. Where the Hirer has requested collection by the Owners appointed carrier from the Hirer's premises a charge shall be made in accordance with the Owners standard scale of charges otherwise the Hirer shall be responsible for the return of the said equipment by his own transport. Details of the Owners standard scale of transport charges for all methods of delivery and collection of equipment are available upon request. Other transport services shall not be used without the express permission of the Owners. ALL CASES MUST BE MARKED 'FRAGILE'.
c) All packaging materials shall be chargeable if not returned or returned damaged at termination of hire.
d) No equipment shall be removed overseas unless the Owners prior agreement in writing has been obtained. It is the Hirers responsibility to arrange and pay for delivery and return of the equipment and to obtain appropriate insurance cover based on the full replacement value of the said equipment. In addition, the Hirer shall continue to pay hire charges at the standard rates to cover the period of any and all delays that may occur during transit for whatever cause in accordance with clause 4 above.
Acceptance of delivery of the equipment by the Hirer or his agent will be conclusive evidence that the said equipment has been examined and found to be complete in accordance with the Owner’s description. A period of 24 hours is given for the Hirer to establish that the equipment is in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.
Any claim for damages by the Hirer against the Owners arising out of the Hirer's use of the equipment, shall subject to the Owners admitting liability or being found liable for such damages be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof. The Owners shall not be liable for any loss other than death and personal injury that may arise out of, or in connection with, the failure of the said equipment for whatever reason. Save as provided by Law, the Owners exclude all warranties relating to the equipment and the Hirer's use thereof save as specifically stated herein.
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
a) To keep the equipment in the Hirer's own possession unless otherwise agreed in writing by the Owners.
b) Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade & Industry or the US Bureau of Foreign Commerce.
c) To permit the Owners or their authorised representative’s at all reasonable times, to enter upon the premises or vessel where the equipment may from time to time be kept to inspect, maintain, repair and test the same.
d) To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment.
e) To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturers' recommendations).
f) To preserve the Owners and manufacturer's identification numbers or mark or any nameplate that there shall be upon said equipment.
g) To notify the Owners in writing immediately of any loss or damage of the equipment and, on demand, to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the full cost of replacing the equipment.
h) Not to sell, assign, let on hire or transfer the benefit of the hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the hire.
i) Not to make any alterations, modifications or adjustments or attempt any repairs to the equipment without the written consent of the Owners.
j) In the event of any breakdown or alleged defect in the equipment:
i) The Hirer shall give notice to the Owners within 24 hours of the discovery of the alleged defect specifying the nature of the defect;
ii) The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective.
k) The Hirer shall arrange insurance to cover risks of loss or damage to hire equipment during the period of the contract of hire.
The Owners will maintain said equipment at no cost to the Hirer and will provide such service at the Owners premises during normal business hours save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clause 8 i).
The Owners undertake to arrange insurance to cover the risks of loss or damage to the hire equipment from any occurrence whilst in transit from the Owner's premises to the Hirer's premises as agreed, and during subsequent re-delivery to the Owner's premises.
This cover will be subject to the following limitations:
i) Excluding rust, corrosion and electrical or mechanical derangement unless caused by a defined accident.
ii) Excluding theft unless following violent and forcible entry or exit from the Hirer's premises.
iii) Liability is limited to a total at any one location of £25,000.00.
iv) Cover is not applicable to equipment hired for open exhibition purposes.
At the termination of the hiring by either party and in the case of hiring for a fixed period no later than the end of such period, the Hirer will ship the said equipment to the Owners in accordance with Clauses 4 and 5 above.
The Hirer will, IN ITS USE OF THE SAID EQUIPMENT, OBSERVE ALL THE MANUFACTURER'S INSTRUCTIONS AND OTHER REGULATIONS THAT MAY BE ISSUED FOR THE PROPER USE THEREOF AND SHALL BE ENTIRELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE SA ID EQUIPMENT THROUGH FAILURE TO OBSERVE SUCH INSTRUCTIONS OR REGULATIONS OR FAILURE TO USE THE SAME IN A PROPER MANNER. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work Act 1974 (in particular section 2(2)(b) and 2(2)(c) thereof) or any subsequent governing legislation. The Owners make the said equipment available purely for rental purposes and the Hirer has no purchase rights options regard less of the hire period.
Delivery dates quoted are intended as estimates only although every endeavour will be made to adhere to them. In no circumstances shall the Owners be liable for delay in delivery arising from any cause whatsoever. Time shall not be of the essence.
Cancellation or part cancellation of any order, can only be accepted with the Owners consent in writing and on terms which indemnify them fully against loss.