Terms & Condition
The Chaps PA Company Terms And Conditions Of Hire
1 DEFINITIONS AND LAW
1.1 “The Equipment” Shall mean goods, components, and other items hired by The Chaps PA Company or its representative.
1.2 “The Customer” is the person, firm, corporation or public body hiring the Equipment . Any person purporting to act on behalf of the customer shall be bound by the Contract
1.3 “Consequential Loss” shall mean loss of profits, contracts or other consequential loss whatsoever.
1.4 “Interest” shall mean interest calculated in accordance with clause 12
1.5 The Contract shall be interpreted and applied in accordance with English Law.
2.1 Hire charges commence from the date stated on the delivery note and are payable for the period of the hire
2.2 Additional charges will be made pro rata for equipment which is returned later than agreed or which is stored on premises to which representatives of The Chaps PA Company are prevented from gaining access. Such additional charges to be levied until the Equipment is returned to or recovered by The Chaps PA Company In addition the Customer will be liable for consequential loss caused by late return
2.3 All cables must be returned coiled and taped. A charge of one Pound (Sterling) per cable will be made for coiling cables not so returned
2.4 All equipment must be returned in a clean and serviceable condition. The Customer will be liable for costs and consequential loss caused by equipment not so returned
2.5 Any lamps or fuses changed by the customer during the hire must be returned with the Equipment. The Customer will be charged at retail price for any not returned.
2.6 All Charges are payable on demand
3 HIRE PERIOD
3.1 The hire commences at the date shown in the Contract or the delivery note whichever is appropriate. The hire terminates at 12 Noon on the date shown in the contract or on the date of return.
3.2 All equipment which is to be picked up by the Customer must be picked up between 12 Noon and 4p.m. . where later collection is required a charge may be levied for overtime costs incurred.
4 POWER TO ENTER THIS CONTRACT
4.1 The signatory to this contract warrants that they are duly authorized to enter into the contract on the Customers behalf and personally indemnifies The Chaps PA Company against all losses and costs which may be incurred if this is not the case.
4.2 Where the Contract is verbal and the Equipment is released under a delivery note, the signatory of the delivery note will be bound by clause 4.1. Such signatory to be anyone apparently over the age of majority who is on the premises to which the Equipment is delivered or, where equipment is to be collected who purports to act on behalf of the Customer.
4.3 Where the Contract is verbal and the Equipment is to be operated under the full supervision of The Chaps PA Company receipt of the service will be deemed to be sufficient proof of the Customer’s intention to honour the contract.
5 CUSTOMERS RESPONSIBILITY
5.1 The Customer responsibility for the Equipment commences on receipt of the Equipment by the Customer or his/her agent and ends when the Customer is in possession of The Chaps PA Company’s unqualified receipt for the return of the equipment.
5.2. The Customer shall at no time sell, disperse or otherwise dispose of the Equipment or attempt to do so.
5.3. The Customer and the signatory, to the contract or delivery note, jointly and severally undertake to ensure that everyone who uses the Equipment has been properly instructed in it’s safe and proper use and will ensure that the Equipment is not misused.
5.4 The Customer will at all times indemnify The Chaps PA Company against all cost , expenses, liability, financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non use, repossession, collection, return or non return of the Equipment.
5.5 The Customer shall be solely responsible for compliance with all legal requirements and shall be solely liable with any claims whatsoever arising from failure to do so.
5.6. Nothing in this clause shall affect the statuary rights of the Customer.
6 ELECTRICAL EQUIPMENT
6.1 Any electrical equipment must be used with plugs/sockets as fitted.
6.2 The Customer shall at all times ensure that a suitable and proper supply of electricity is arranged for use of the Equipment and that a suitable Electrical Earth is available at all times
7 EQUIPMENT MAINTENANCE AND REPORTING
7.1 The Customer Shall ensure that the Equipment is kept clean and serviceable during the hire period.
7.2 Any breakdown of equipment must be notified to The Chaps PA Company immediately.
7.3 The Customer shall not attempt to repair the Equipment without prior consent from The Chaps PA Company
7.4 Equipment which has developed a fault but which has not been reported to The Chaps PA Company will still be subject to hire charges
7.5 No service of faulty Equipment will be carried out by The Chaps PA Company on Equipment hired under a contract which is in default of payment, Hire charges will still be incurred for any such Equipment whether it is serviceable or not until the outstanding hire Charges are received.
7.6 If the Equipment is involved in any accident resulting in any damage whatsoever to either the Equipment or other property or injury to any person, The Chaps PA Company must be notified immediately.
7.7 The Equipment must not be moved from the site originally specified by the Customer.
8 COMPATIBILITY OF EQUIPMENT
8.1 The Customer shall be responsible for ensuring that the Equipment is compatible for use with any other equipment in use by the Customer
8.2 The Customer shall be responsible for ensuring that the Equipment is suitable for his purpose
9.1 The Customer agrees to pay The Chaps PA Company the full replacement cost of any Equipment lost , stolen, or damaged beyond reasonable repair (without deduction for usage , wear and tear or age)
9.2 The customer shall insure the Equipment against the above liability.
9.3 The Customer shall not settle any claim without the consent of The Chaps PA Company
9.4 In the event of any Equipment lost , stolen , or damaged beyond repair the Customer will be liable for hire charges for such equipment until it is replaced. In addition the Customer will be liable for any Consequential loss arising.
10 CONDITION OF RETURNED EQUIPMENT
10.1 The Customer will on completion or termination of the contract return all the Equipment to The Chaps PA Company in good , clean, serviceable and undamaged condition.
10.2 The Customer will be liable for the cost of restoring the Equipment to such condition in the event of failure to comply with 10.1
10.3 The Customer will be liable for hire charges of any Equipment not returned in suitable condition until that Equipment has been restored accordingly
11 TERMINATION OF HIRE
11.1 The Chaps PA Company shall be entitled to terminate the contract and recover the Equipment with immediate effect if:-
.a) The Customer is in breach of these terms
b) The Customer is in excess of 14 days late with any payment due to The Chaps PA Company
c) The Customer shall take any steps or if any act or proceeding is commenced in which the customers solvency is in the reasonable view of The Chaps PA Company in doubt.
11.2 Termination of the contract under 11.1 shall not affect the right of The Chaps PA Company to recover any monies due , Interest, Consequential loss , or damages for breach.
11.3 The Customer authorizes The Chaps PA Company to enter any premise on which The Chaps PA Company reasonably believes Equipment to be and The Chaps PA Company in their absolute discretion may take steps to recover the Equipment
11.4 Any costs incurred in recovering the Equipment will be paid by the Customer
12.1 When payment is not paid by the due date, as stated on any invoices issued, The Chaps PA Company will be entitled to interest at 5% above the base rate from time to time in force at The Royal Bank of Scotland PLC or its successors on any amounts overdue. Interest to be calculated on a compounded daily basis.
12.2 The payment of such interest to be without prejudice to the rights or remedies of The Chaps PA Company
12.3 Any legal charge incurred in the collection of money or Equipment shall be paid by the Customer
13.1 The Chaps PA Company’s liability for any defect in any of the Equipment shall be limited to and at no time exceed:
a) Any manufacturers warranty sold with the equipment or there shall be none
b) Replacement or repair of such equipment save where clause 7.5 applies
c) At The Chaps PA Company’s discretion the refund of the price save where clause 7.5 applies
13.2 Consequential losses
Nothing in this contract or these terms will make The Chaps PA Company responsible for any consequential losses of the Customer including any expenses , loss , claim or liability whatsoever caused by late delivery , non delivery , unsuitability, incompatibility or unlawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same.
14 INJURY OR DAMAGE TO PERSONS OR PROPERTY
14.1 Subject to section 13 The Chaps PA Company shall not be liable for any loss arising from injury to persons or damage to tangible property where and only where and only to the extent that such injury or damage is caused by defects in the Equipment and only where such defects are the result of negligence by The Chaps PA Company
14.2 The Customer shall ensure that The Chaps PA Company is not exposed to any liability of any kind which is in excess of ÃÂ£5,000,000.00 (Five million pounds Sterling). The customer must inform The Chaps PA Company if any such exposure may arise and the contract must not proceed without The Chaps PA Company,s Consent to this increased exposure.
14.3 Any expense in insuring liability beyond ÃÂ£5,000,000.00 (five million pounds sterling) will be paid by the Customer
15 RIGHTS RESERVED
15.1 Any failure of The Chaps PA Company to enforce any clause of these terms does not constitute a waiver of any of their rights hereunder
15.2 If any of these terms are held invalid such invalidation shall not affect the remaining terms
16 TERMS OF CONTRACT
16.1 These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
17 DELIVERY AND CHARGE
17.1 All times quoted or stated for delivery are approximate only.
17.2 Hire charges do not include carriage unless otherwise stated . Any expenses incurred by The Chaps PA Company in delivering or recovering the Equipment will be paid by the Customer
17.3 Where carriage is quoted such costs will only include time to load or unload at the customers premises . Further time in attendance will be charged for
Chaps pa’s payment and cancellation are as follows
Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date
The Customer must notify Chaps PA in writing of any cancellation or reduction of services
Chaps PA shall be entitled to levy the following charges in the event of a cancellation
a) Cancellation 60 days or less prior to hire period start 25% of total hire charge
b) Cancellation 30 days or less prior to hire period start 50% of total hire charge
c) Cancellation 7 days or less prior to hire period start 100% of total hire charge