1. Definitions and Law
The contract is the documents that set out these conditions and all
other details about your agreement with Zoom In. “We”
and “Us” means the supplier of the hired facilities/equipment.
“You” means the person, firm, company, corporation or
public authority or body to whom we supply facilities/equipment on
hire. “Facilities/equipment” means the hired items referred
to in the contract. These conditions exclude any terms and conditions
you may have put forward, except where we have agreed to any amendments
or other conditions in writing. These conditions do not affect the
statutory rights of a person dealing as a consumer as defined by the
unfair contract terms act 1977 or any modification of that act.
2. Basis of Charging
You will pay the hire charges stated in the contract. Hire charges
will begin and will continue during the period of hire as stated in
the contract until you have restored the facilities/equipment to us
in a clean and serviceable condition and we have given you a receipt
for it. All time is chargeable including Saturdays, Sundays and Bank
Holidays. All charges are payable on demand. If payment is not made
when due, we will be entitled to interest on the amount that is overdue
at four percent above the prevailing base rate of National Westminster
Bank PLC calculated on a daily basis. This will be without prejudice
to any other rights or remedies we may have. You will also pay to
us any charges we reasonably incur in the recovery from you of money
or facilities/equipment. You will pay on demand the replacement cost
for any items not returned, this includes any attachments that are
provided with the Facilities/equipment.
3. Period of Hire
Facilities/equipment hired from us on a one days hire term will be
effective for twenty-four hours from the time agreed in this contract.
For a hire term of one week this will be effective for a period of
seven days from the time agreed in this contract. For a hire term
different from one day or one weeks hire, this will be as stated in
the contract. All Facilities/equipment must be returned on the specified
return time and date. Failure to return Facilities/equipment will
be charged for on a daily basis at double the current charges. An
extension of the initial hire period must be agreed on by us and signed
for by us. If no such agreement is made we will charge for failure
to return the Facilities/equipment on a daily basis at double the
current charges.
4. Cancellation & Postponement of Hire
A booking is considered firm as from the date of confirmation and
accordingly we, at our discretion, may charge a fee for cancellation
or postponement.
5. When the Contract comes into being
The contract comes in to being when you have placed an order giving
details of your requirements and have agreed to be bound by these
conditions and we have accepted your order.
6. Safety and Instructions
It is your responsibility to make sure that all people who use the
facilities/equipment are properly instructed in its safe and correct
use and that they are in possession of all instruction supplied by
us. You must ensure that the facilities/equipment is not misused.
7. When your Signature for receipt of facilities/equipment becomes
effective
You are requested by us to sign a receipt for all the facilities/equipment
before it is handed over, you will be given the opportunity to examine
the facilities/equipment. The receipt will not be effective until
immediately after the hand over.
8. Responsibility of User (your responsibility)
(i) Your responsibility for the facilities/equipment begins when you
receive the facilities/equipment. Your responsibilities include safekeeping
of the facilities/equipment, and protecting against the elements,
theft, vandalism or improper use. You are responsible for the return
of facilities/equipment. Your responsibility ends only when the facilities/equipment
has been returned and you have our unqualified receipt for all of
the facilities/equipment. You must not sell or otherwise part with
control of the facilities/equipment.
(ii) You will indemnify us against any and every expense, liability,
financial loss, claim or proceedings what so ever, and in respect
of any death or personal injury whatsoever or damage to or loss of
property whatsoever (other than the facilities/equipment itself which
is governed by conditions 12 and 13) arising out of delivery, use,
non-use, repossession, collection or return of the facilities/equipment
or any part of it. The indemnity will be reduced in proportion to
the extent that such expense, liability, financial loss, claim or
proceedings or death or personal injury or damage to or loss of property
is due to our proven negligence.
9. Electrical Equipment
Where any part of the equipment is electrical it should be used with
plugs and/or sockets as fitted, but if temporarily fitted with other
suitable plugs or sockets, this should be carried out by a competent
person who must also return it to its original condition. It will
be your responsibility at all times to arrange a suitable supply of
electricity for use with the equipment. Under no circumstances should
electrical equipment be used without being correctly earth ed unless
it is of double insulated specification. You will be responsible for
complying with the requirements of the Electricity at work Regulations
1989 during the period of your responsibility for the equipment as
defined in condition 8 (i) of these conditions.
§ 10. Maintenance of Facilities/equipment, Breakdown Procedures
and Accidental Reporting
You must keep yourself acquainted with the state and condition of
the Facilities/equipment and ensure that it remains safe, serviceable
and clean. Any breakdown or any unsatisfactory working of Facilities/equipment
must be immediately notified to us. Under no circumstances must you
repair the Facilities/equipment unless authorised by us. The Facilities/equipment
must be returned to our premises for examination except where examination
elsewhere has been mutually agreed. You must notify us immediately
if the Facilities/equipment is involved in any accident resulting
in damage to the Facilities/equipment or to other property, or injury
to any person.
11. Limits of our liability
(i) All times which we state or quote for despatch or collection are
approximate.
(ii) We will not be liable for any delays caused by circumstances
beyond our reasonable control.
(iii) We will not be liable for any indirect loss, loss of business,
profits, savings you expected to make, wasted money, wages, fees,
or expenses, due to late delivery, non-delivery, unsuitability, breakdown,
or stoppage of the Facilities/equipment or any part of it.
12. Insurance and Your Responsibility for Lost, Stolen or Damaged
Facilities/equipment
You will pay to us the replacement of any Facilities/equipment which
is lost or stolen or damaged beyond reasonable repair. You are advised
to insure Facilities/equipment on this basis. You will hold in trust
for us and pay to us on demand all money you receive from an insurance
company or from any other source in settlement of any claim relating
to the loss, theft or damage of any of the Facilities/equipment. You
must not compromise any claim without our express consent.
13. Non-returned, Lost, Stolen, Damaged or Unclean Facilities/equipment
(i) You have full responsibility for the care and safekeeping and
return, in good order, of the Facilities/equipment.
(ii) You will pay to us all costs we incur in rectifying any Facilities/equipment
returned damaged or unclean. Additionally you will pay for our financial
loss until such rectification is complete.
(iii) Where Facilities/equipment is lost or Stolen or damaged beyond
economic repair, you will pay for all financial loss to us until you
have paid to us the replacement cost. This is without prejudice to
our other rights.
14. Termination of Hire
We will be entitled at any time if you break this contract or if any
proceedings are commenced in which your solvency is called into question
to terminate this contract with immediate effect and to repossess
any or all of the Facilities/equipment. Such termination will not
affect our right to recover from you any money due to us under this
contract or damages for breach of contract.
15. Our Rights of Access
You authorise us to enter any land or premises where we reasonably
believe any Facilities/equipment to be, in order to inspect, test
repair, replace or repossess it.
16. Rights Reserved
Any failure to enforce any or all of these conditions shall not amount
to, or be interpreted as, a waiver of any of our rights.
17. Separate Term Validity and Headings
If any term in this contract is held invalid this shall not affect
validity of the remaining terms. The headings in these Conditions
are for your reference purposes only and shall not affect the interpretation
of these conditions.
18. Damage Waiver
If you have agreed to pay the damage waiver being ten percent of the
hire charges we shall waive any charge for rectifying the condition
of the Facilities/equipment returned damaged if you return the damaged
Facilities/equipment to us in clean condition and satisfy us that
(i) the Facilities/equipment was damaged whilst in your possession
and
(ii) the damage occurred accidentally while the Facilities/equipment
was being properly and reasonably used.
