General Terms and Conditions of Hire

Main Terms and Conditions

This schedule comprises the terms and conditions attaching to every contract for the hiring of the customer (Hirer) from Tresanton Oceanographic (TO). Any variations to our standard terms must be agreed in writing by TO.

1. Period of Hire

1.1 The contract of hire is deemed to be in force throughout the full period during which the subject equipment is removed from TO's premises or other location designated by TO.

1.2 Hire charges will commence from:

a) Date of collection by client
b) The day after despatch by courier/ Datapost etc. from TO (nominal delivery date)
Hire charges will cease on day of return by client to TO premises or other location designated by TO.

1.3 Different criteria apply for overseas hire contracts. Full details on request.

1.4 Any variations from these terms must be agreed in writing

2. Charges

2.1 The Hirer shall pay TO the daily hire charges as set out in TO's standard hire schedule or such rates as may have been agreed in writing between the two parties.

2.2 The Hirer will be liable for all transportation (including insurance ) charges. If paid by TO these charges will be invoiced to the Hirer at cost plus 15%.

2.3 TO will invoice the Hirer for:

a) All operating supplies / consumables / replacement parts supplied and used during the period of hire by client and not returned to TO
b) Costs to repair damaged equipment

3. Financial Arrangements

3.1 Invoices for hire and ancillary charges will be invoiced at the end of each calendar month throughout the period of hire and as soon as possible on termination.

3.2 Invoices are payable in full, within 30 days from the invoice date. Interest will be charged at 0.05% per day on amounts outstanding beyond the 30 day period (due for immediate settlement against invoice).

4. Receipt of Equipment

4.1 Receipt of the equipment by the hirer or his agents will, unless TO is notified in writing within 72 hours, be conclusive evidence that the equipment has been examined and found to be in good working order and fit for the purpose for which it has been hired.

4.2 No equipment shall be removed outside of the UK without the express written consent of TO Implicit agreement to the variation of this clause shall be deemed to have been granted by TO when TO organises the despatch of subject equipment to an overseas territory subject to the equipment remaining in said territory during the active hire period.

5. Use of Equipment

5.1 The Hirer shall not modify the equipment in any way without written consent of TO.

5.2 The Hirer shall only use the equipment for the purpose(s) approved at the time of hire.

5.3 The Hirer shall during the period of the hire contract assume the entire risk of loss or damage to the equipment from any occurrence whatsoever. If the hirer insures the equipment at his own expense it will in no way limit or affect the Hirer's responsibility for payment of charges for loss or damage in accordance with the relevant clauses in sections (2) and (3). On request, Hirer shall provide details of the policy and claims reference in the event of a claim for damage or loss being lodged with the insurers.

5.4 The Hirer shall ensure that at all times the repair and servicing of the equipment is completed only by TO (or its approved agent) or in a manner approved by TO.

5.5 The Hirer shall at all times be responsible for the repair and maintenance of the equipment and liable for the costs thereof.

5.6 Only consumables supplied or approved by TO shall be used with the equipment.

5.7 In the event of any breakdown or alleged defect or damage to the equipment on hire, the Hirer shall:

a) Notify TO within 24 hours giving details of the damage or defect.
b) Not use the equipment again until approved by TO
c) Return the equipment to TO or its nominated agent for repair

6. Suitable for Purpose

6.1 The Hirer warrants that in contracting to hire the equipment he has satisfied himself as to the suitability of the equipment for the intended purpose and his/her competence in operating the equipment.

6.2 T.O. makes no warranty that the equipment is fit for the intended use by the hirer, save that at the time of commencement of contract of hire the equipment should be in such condition as to perform in accordance with the manufacturer's published specification.

7. Liability and Indemnity

7.1 Hirer shall use the equipment safely and properly in accordance with the manufacturer's or where appropriate TO's instructions.

7.1 Under no circumstances shall TO be liable for any consequentially loss resulting from the use, malfunction, loss or any other reason how so ever related to the hire of the equipment in question.

7.2 The Hirer shall be solely responsible for and hold TO fully indemnified against any loss,damage or injury ( including death) to persons or property incurred in conjunction with the equipment or use thereof.

8. Termination

8.1 The contract of hire shall terminate upon:

a) Safe return of the equipment by Hirer to T.O. or other designated premises.
b) Receipt of written notification of equipment loss at which time, hire charge for the lost equipment shall cease inclusive of the day on which notice is received and Hirer shall be invoiced for the replacement value as declared in the Standard hire documentation.
c) Upon 30 days written notice issued by TO on the Hirer shall continue to be liable for hire and ancillary charge until the safe return of equipment to TO premises.
d) Upon filing of any proceedings against the Hirer under insolvency or bankruptcy regulations.

8.2 Contract termination implicitly requires the safe return of subject equipment to the premises of T.O. or other location designated by TO or its availability for collection by TO in which clause 2.2 above will apply.

9. General

9.1 A 7 day minimum applies to all contracts.

10. Law

10.1 This agreement shall be governed and construed in accordance with English Law. Headings provided for convenience only.

10.2 Title to and full ownership of the equipment hired under this agreement shall be retained by TO and no transfer of any interest therein to Hirer shall be implied by completion of hire agreement.

10.3 This agreement cannot be assigned without prior written consent of TO.

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