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General Conditions of Equipment / Facilities Use

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 facilities/equipment. "You" means the person, firm, company, corporation or public authority or body to whom we supply facilities/equipment.
   • "Facilities/Equipment" means the 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 charges stated in the contract. Charges will begin and will continue during the period of use 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 Use

   • Facilities/Equipment provided by us on a one day contract will be effective for twenty-four hours from the time agreed in this contract.
   • For a term of one week this will be effective for a period of seven days from the time agreed in this contract.
   • For a term different from one day or one week, 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 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 Equipment / Facilities Use

   • 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)

   1. 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.
   2. 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 earthed 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. 10. Maintenance of Facilities/Equipment, Breakdown Procedures and Accident Reporting

    • You must keep yourself acquainted with the state and condition of the Facilities/Equipment and ensure that it remains safe, serviceable and clean. Under no circumstances must you repair the Facilities/Equipment unless authorised by us.
    • Any breakdown or any unsatisfactory working of Facilities/Equipment must be immediately notified to 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

    1. All times which we state or quote for despatch or collection are approximate.
    2. We will not be liable for any delays caused by circumstances beyond our reasonable control.
    3. 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

    1. You have full responsibility for the care and safekeeping and return, in good order, of the Facilities/Equipment.
    2. 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.
    3. 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 Agreement

    • 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 total 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:
      1. the Facilities/Equipment was damaged whilst in your possession and
      2. the damage occurred accidentally while the Facilities/Equipment was being properly and reasonably used.