Terms and Conditions of Hire

In this document the following words shall have the following meanings

(The Supplier) means Lead Technology Limited.

(The Site) means the premises or site specified by the Hirer where the Equipment is to be used.

(The Hirer) means the firm or person who hires the Equipment from the Supplier.

(The Equipment) means anything the Supplier agrees to rent to the Hirer

General
These Terms and Conditions shall apply to all contracts for the hire of the Equipment by the Supplier to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Supplier in writing.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

By accepting the Equipment at the Site the Hirer is agreeing to these Terms and Conditions unless otherwise agreed in writing.

All Equipment is hired on the basis of payment due at the end of the rental period.

Equipment may be hired for a minimum number of hours per day/week or without any qualification as to minimum hours. Additional days shall be charged pro rata. Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment full allowance for the hire charges will be made to the Hirer. Breakdown time in respect of such periods shall be allowed for not more than 8 hours per day less the actual hours worked.

The Hirer shall be responsible for insuring the Equipment against loss, damage or theft. The Equipment shall be insured for the manufacturer's current published list price.

Payment
The Hirer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable. The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies. Where an invoice is issued, payment is due within 14 days. If the supplier does not recive payment within the 14 days, the supplier will attempt to recover the payment by charging the hirer's open credit card.

Deposits
The Supplier may require the hirer to pay a deposit and/or leave an open credit card on file. The deposit is refundable at the end of the hire period provided that all points of hirer’s obligations have been compiled with. At the end of the rental period and upon safe return of the equipment, the supplier will refund deposits paid by the hirer through the original method of payment.  Where the hirer leaves a open credit card on file, the supplier may charge the card to recover any losss due to loss or damage to the equioment, The supplier may also charge the open credit card to recover payment owed.

Commencement
The period of hire shall commence from the time that the Equipment leaves the Supplier's premises or the Supplier delivers the equipment or other agreed location and shall continue until returned to the Supplier’s premises or the equipment is collected and is in the physical possession of the Supplier.

Hirer’s Obligations
The Hirer must.

1. Use the Equipment in a safe, skilful and proper manner and not use the Equipment for any purpose beyond its capacity.
2. Regularly check the condition of the Equipment during the period of hire. The Hirer shall be responsible for any damage or loss arising from the continued use of Equipment in an unsafe condition.
3. Not tamper, cover up, remove or attempt to remove any security or safety markings or asset tracking tags from the equipment, nor add labels or marking to the equipment.
4. During the period of hire ensure the security and safekeeping of the Equipment.
5. Allow the Supplier access to inspect, repair or replace the Equipment upon reasonable notice at any time.
6. Immediately inform the Supplier of any breakdown of the Equipment or any problem affecting the working of the Equipment.
7. Not repair or modify the Equipment without the prior written consent of the Supplier.
8. Read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions.
9. Unless otherwise agreed in writing by the Supplier, keep the Equipment in its own possession at the Site.
10. Return the Equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. Equipment not returned will be charged for at the manufacturer's current published list price. Hire fees will continue to be charged up to the time the Equipment is paid for in full.
11. Not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Equipment to any third party
12. Comply with any relevant Government or Local Authority Regulations.

Delivery and Return
Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the Equipment at the Site and on its return to the Supplier and for all costs incurred in connection therewith, and any driver or operator supplied by the Supplier shall be deemed to be under the Hirer's control and shall comply with all reasonable directions of the Hirer.

Upon delivery of the Equipment, any defects or dissatisfaction must be notified immediately to the Supplier and confirmed in writing within 2 working days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to the Hirer's satisfaction.

Breakdown and Repairs
Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment or where stoppage occurs in the course of carrying out normal repairs, full allowance for the hire charges will be made to the Hirer, any claims to be considered from the time and date of notification by the Hirer.

Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the Hirer shall be responsible for all loss or damage incurred by the Supplier arising from any breakdown and for the payment of the hire charges during the period the Equipment is inoperable due to such breakdown.

Where the Supplier decides to carry out urgent repairs to the Equipment during the period of hire, the Supplier shall be obliged to replace the Equipment with equipment of a similar type and the Supplier shall be liable for all transport costs involved. Where no replacement equipment is available the Supplier shall be entitled to terminate the hire immediately by notice in writing to the Hirer.

The Supplier shall be liable for all transport costs where termination occurs within 3 months of the start of the period of hire and for the costs of loading and returning the Equipment where termination occurs more than 3 months after the start of the period of hire.

Liability
The Supplier shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation, loss of data or otherwise. The Supplier shall not be liable for any loss or damage arising from any cause beyond its reasonable control.

The liability of the Supplier with respect to any claims arising out of the hire shall be limited to replacement of the Equipment with similar Equipment or at the Supplier's option termination of this contract and restitution of the amount of any charges paid with respect to any period for which the Equipment was inoperable.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury caused as a result of the Supplier's negligence, breach of contract or otherwise.

Indemnity
The Hirer agrees to indemnify and hold the Supplier and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Supplier by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Equipment during the period of hire.

Termination
Where there is no fixed period of hire, the period of hire may be terminated by either party giving to the other 7 days' notice in writing and the Hirer's obligations under this agreement shall continue until the Equipment is returned to the Supplier.
 
If the Hirer defaults in the prompt payment of any sum due under this agreement or is in breach of any of the Terms and Conditions of this agreement, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, the Supplier shall be entitled to terminate the hire immediately by notice in writing to the Hirer and it shall thereupon be lawful for the Supplier to retake possession of the Equipment.

It will be for that purpose to enter into or upon any premises where the same may be and the termination of the hire under this clause shall not affect the right of the Supplier to recover from the Hirer any monies due to the Supplier under this agreement or damages for breach thereof.

Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.