1. The “company” means Teacrate Rentals
2. The “customer” means the customer whose name appears overleaf in the box marked customer and where the context requires includes any “Subsequent User”.
3. The “Equipment” means the crates and any other equipment, accessories and additions including any replacements and renewals, which the company has agreed to hire or sell to the Customer.
4. All and any business undertaken by the Company is subject to these Conditions of Hire, each of which shall be deemed to be incorporated in and be a condition of any agreement between the Company and the Customer for the hire of the Equipment. No agent or employee of the Company other than a director has the Company’s authority to alter or vary these conditions.
5. The company will use its reasonable endeavours to make the Equipment available to the Customer in the numbers and at the time and place stipulated but as a supply is dependant other Customers duly returning the Equipment, the Company shall not be responsible for any damage or loss of whatever kind suffered by the customer whether as a result of the Company’s failure to supply Equipment or it’s late delivery of Equipment or otherwise, nor shall the Company be liable to the Customer for or in respect of any loss or damage to persons or property howsoever caused whether arising directly or indirectly from the hire or use of the Equipment by the Customer, any Subsequent User or third party (except that this shall not exclude the Company from liability for death or personal injury insofar as it is caused by the Company’s negligence and this exclusion shall only be effective to the extent permitted by law).
6. The Customer is responsible for ensuring that the Equipment supplied by the Company is suitable for the Customer’s purpose and for checking the condition of the equipment before it is used by the While the Company tries to ensure that all Equipment is in fully serviceable condition, in the event of any shortages or damage the Customer must notify the company within 24 hours of delivery or the Customer will be deemed to be satisfied with the quantity and condition of the Equipment and that it is suitable for the purpose required.
7. The Customer will be responsible for the Equipment from the point of delivery to or collection by the Customer to the point of return of the Equipment to the Company or of collection of the Equipment by the Company and accordingly the Customer shall maintain and pay for insurance of the Equipment whilst it is in the possession or control of the Customer or a Subsequent User.
8. The Customer may either;
- Collect the Equipment from 151 Scrubs Lane London NW10 6RH or from such other depot as the Company shall nominate at a time and date agreed by the Company or
- Request the Company to deliver the Equipment to the Customer’s premises, in which case three working days notice is required, and the Customer shall be liable for delivery charges in accordance with the Company’s current rates.
- Title to and ownership of the equipment shall at all times belong to the Company and the customer will not interfere in any way with the equipment or any nameplates, signs or serial numbers thereon save that the customer may use reasonable number of adhesive labels thereon provided such labels capable of being removed without any undue expense or complication, nor will the Customer sell or alter for hire, assign, mortgage, pledge, underlet or otherwise deal with the Equipment or any part or parts thereof or assign any of its rights or obligations hereunder except in accordance with these Conditions. In the event of a purchase, title to the equipment shall remain vested in the company and shall not pass to the customer until the purchase price for the equipment has been paid in full.
- The minimum period for hire of the Equipment shall be one The precise hire period and the Customers liability for payment or hire charges shall commence from the date on which the Equipment is actually collected by or delivered to the Customer and shall continue until the date of their return to or collections by the Company. The Company may increase its rates from time to time.
- The Company reserves the right to charge a deposit not exceeding the current replacement value of the Equipment The deposit will be refundable at the end of the hire period upon payment of the hire charges provided that the Company may set off against the refund of the deposit any hire charges due and/or any sums to cover repair and restorations or the replacement value due from the Customer under the terms of clauses 11,16 and 17.
- The Customer shall be responsible for ensuring that all the Equipment is returned to the Company in a clean, dry and good condition. If any Equipment is returned damaged or seriously soiled the Company may at its option either charge for repair and restoration or deem the Equipment a total loss and claim the current replacement value for The Customer shall not itself undertake any repairs or have them done.
- At the expiry of the hire period it is the responsibility of the Customer (unless otherwise agreed) to return the Equipment to the Company’s depot between the hours of 9.00am and 5.30pm on any weekday and to obtain the Company’s signed receipt therefore. If the Company agrees in writing to collect the Equipment from the Customer’s premises, then any Equipment which is not available for collection at the agreed time must be returned by the Customer above and will be charged for until so returned. The cost of all deliveries and collection by the Company must be paid for by the Customer on demand, even if such deliveries or collections are abortive due to the acts or omissions of the Customer. In all cases Equipment will only be treated as having been returned when the Company has issued a signed receipt to the Customer.
- Subject to the prior written consent of the Company, the Customer may introduce a Subsequent User on the following terms;
The customer shall be responsible for the Payment of all hire charges and other payments due in relation to the Equipment whether or not in the possession or control of a Subsequent User and for the safe and prompt return of the Equipment and shall otherwise be responsible for any breach of the terms or these conditions and by a Subsequent User shall indemnity the Company against any such breach.
15. The Customer shall supply to the Subsequent User a copy of these Conditions of Hire and the Subsequent User shall acknowledge and agree to the same and shall acknowledge the Company’s title to and ownership of the Equipment.
16. The Customer shall immediately upon request advice the Company in writing of the details of the Subsequent User (including the address of the location of the Equipment) and the relevant.
17. The Company’s practice is to present a receipt on delivery and collection of the The Customer shall have an authorised employee available to sign the same and any receipt for the Equipment signed by the Customer shall be conclusively presumed to be accurate unless challenged in writing within 24 hours after it was signed.
18. The Company’s invoices are net and shall be due and payable within 30 days of the date of invoice unless otherwise stated on the invoice. Thereafter interest shall accrue to the Company at a rate of 2% per calendar month (or proportionately for any lesser period). No claim by the Customer shall entitle the Customer to withhold or delay payments of sums due.
19. If the Equipment is damaged whilst on hire, the Customer must immediately notify the Company who will at its option either carry out the necessary repairs or replace the If such damage was not the result of fair wear and tear, the cost of such repairs or the current replacement value will be paid by the Customer in accordance with Clause 17 together with any additional delivery/collection charges.
20. In the event of any Equipment being lost or damaged beyond any reasonable repair, whilst in the possession or control of the Customer or not being returned within seven (7) days of any return date agreed with or stipulated by the Company (or any extension thereof agreed in writing by the Company) the Company shall be entitled at any time to invoice the Customer for and the Customer shall be liable to pay the current replacement value of any such Equipment in accordance with the Company’s current replacement price list, together with any additional costs incurred by the Company in ascertaining the whereabouts of the Customer or any of the Equipment or in taking possession of the Payment of such price shall not affect any rights of the Company or liabilities of the Customer subsisting at the date of invoicing. Legal title to the Equipment remains at all times with the Company and the Equipment must be returned to the Company by the Customer if available even if the said replacement cost has been paid.
21. Where Equipment invoiced and paid for as lost is subsequently returned to the Company, the Company reserves the right to charge rental for the intervening period between the date of invoice (as lost) and the date of subsequent return where such amount would be less than the current replacement value and to credit the customer with the balance.
22. Value Added Tax will be added to all charges where applicable at the then prevailing rate.
23. The company reserves the right to sub-contract any of its obligations to a third party and to assign or otherwise deal in any way whatsoever with the Company’s interest in the Equipment and in the hire and its rights and obligations under this contract.
24. The hiring of Equipment by the Company to the Customer may be terminated by the Company without notice (and with effect for all of the Equipment hired by the Company to the Customer and including any Subsequent User) in the event that:-
- the Customer fails to pay any charges hereunder within 7 days of the same having become due (whether demanded or not):
- the Customer is in breach of any of these terms and conditions,
- and the hiring of the Equipment shall automatically terminate without the necessity to give any notice in the event that;
- the Customer becomes bankrupt or goes into liquidation, or has a receiver appointed in the respect of the whole or any part of its assets or makes any arrangement or composition with its creditors; or
- the customer abandons any or all of the Equipment
25. Upon termination of the hiring of the Equipment, the Customer shall return to the Company all Equipment in its possession or under its control or in the possession or control of any Subsequent User and shall pay to the Company forthwith all expenses, costs and charges whatsoever due to or incurred by the Company including any sums incurred by the Company in recovering its property or exercising any of its rights.
26. No forbearance or indulgence shown or granted by the Company to the Customer (whether the Customer comprises one or more parties or a Subsequent User) in any regard whatsoever shall constitute a waiver by the Company of any of the Conditions to be performed by the Customer or any other person or in any way affect diminish, restrict or prejudice the rights and powers of the Company.
27. Where the Customer comprises of two or more parties, their liabilities shall be joint and and several.
28. Any notice required to be given under these Conditions shall be sufficiently given if served on the party personally or sent by first class registered post to the last known address of the party and in the case of notice given by post shall be deemed to have been received on the second working day after the day of posting.
29. This Agreement shall be governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.