This contract is for the hire of items and accessories(“Equipment”) and the sale of `resale’ goods (“Goods”), and the parties to the contract are,
(i) the “Hirer” and, where the Hirer is not an individual acting in person, the “Signatory”.
(ii) Trek Hire UK, with registered offices at Surrey Trek and Run, Shere Lane, Guildford, Surrey, GU5 9HS(“THUK”).
No variation or addition shall be effective. Any condition deemed invalid will not affect other conditions. A decision not to enforce any condition will not diminish any party’s rights.
(b) Extent of Contract
The contract is not assignable and is effective when THUK accepts the Hirer’s detailed order.
THUK may terminate the contract and repossess equipment without effecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
(d) Ownership of Equipment and Goods
Equipment hired remains the property of THUK at all times. Ownership of goods purchased transfers only when full payment is received by THUK.
2. HIRE CHARGES
(a) Basis of charging
The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays.
(b) Transport charges
Attempted calls may be charged at THUK’s current rates.
(c) Time for Payment
The Hirer will pay all monies outstanding on all clothing and equipment hired, on demand if lost or damaged beyond repair.
Deposits are set by THUK at amounts reasonably required and will be offset against any monies due. Deposit balances are refunded upon return to THUK of Equipment undamaged and in good condition. Balances of deposits paid will be refunded by credit/debit card or BAC’s’ within 7 business days.
(e) Credit card transactions
Where the hirer has paid with a credit/debit card, the card details will be kept until the contract has been concluded then destroyed. With a subsequent payment shortfall, THUK may insert and present for payment the balance due.
(f) Loss of Equipment, cleaning and damage repair
THUK may treat Equipment unavailable for inspection after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current replacement value. The Hirer will pay for Equipment loss or required cleaning except where condition 2(g) applies, breakages and damage repair. Hire charges accrue until full settlement is made.
(g) Damage waiver option
If the Hirer pays the appropriate damage waiver charge (where available as an option) THUK will waiver any further charge for rectifying accidentally damaged Equipment. Damage waiver is not an insurance for lost or stolen Equipment.
(h) Cancellation charges
THUK may charge for Contract cancellation unless at least 30 days prior notice is received.
3. HIRER’S RESPONSIBILITIES
(a) Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access for Equipment and/or Goods.
(b) Inspection and receipt of Equipment and Goods
The Hirer/Signatory will examine Equipment and/or Goods at delivery/handover and sign confirming satisfaction. Delivered shortages or damaged Equipment must be agreed and noted on the Contract/delivery document.
(c) Security of Equipment
The Hirer accepts responsibility for Equipment security utilities collection by or return to THUK and undertakes not to seller relinquish possession, alter, repair or modify it in any way.
(d) Return or collection of Equipment
The Hirer will arrange for the return or collection of the equipment during business hours and when Equipment has been returned THUK will confirm receipt. The Hirer will remain liable for on-
(e) Lost or stolen equipment
The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss and theft and on demand to pay to THUK any insurance claim proceeds. This liability is without prejudice to any THUK rights under the Contract. Replacement Equipment purchased with insurance claim proceeds is the property of THUK.
4. THUK’S RESPONSIBILITY
(a) Hire Rates
THUK will maintain the agreed hire rates for the duration of the contract.
(b) Testing and Inspection of Equipment
Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if equipment needs to be recovered from the Hirer for such purposes THUK will substitute items of similar specification.
(c) Delivery and Collection
Following the Contract delivery/collection date THUK will endeavour to deliver or collect equipment within a day, wherever possible.
(d) Supply of Equipment and Goods and limitation of liability
THUK may substitute items of similar quality and specification where necessary. The liability of
THUK for claims made by the Hirer will not exceed the Contract charge or the price of Goods whichever is less and does not extend to any consequential or financial loss caused by late or non delivery of Equipment and/or Goods, unsuitability, stoppage or lawful repression. Subject to the above THUK will be liable for negligence or error in the performance of its obligations under The Contract.
Subject to the above THUK will be liable for negligence or error in the performance of its obligations under The Contract.