1. For fixed periods of hire in excess of twelve weeks and less than fifty two weeks which terminate on the due date hire charges will be paid at the Lower Rate. All other hire charges shall be at the Standard Rate.
2. Hirers having an approved credit account with the Owners should pay invoices within 30 days of submission. Interest will be charged on outstanding accounts at the rate of 4% above Barclays Bank PLC minimum lending rate for the time being in force until payment thereof, such interest to run from day to day and to accrue after as well as before any judgement, save that no interest shall be payable on accounts paid within thirty days of submission.
3. During the continuance of the hiring, the Hirers shall:
(a) keep the equipment at all times in their possession and control and not remove the same from the agreed site of use without the consent in writing of the Owners except to comply with clauses 6 and 8.
(b) take all reasonable steps to ensure the safety of the equipment, keep accurate records of all equipment allocations. Report missing items to the Owners within 24 hours of loss and confirm in writing within 7 days.
(c) Ensure that all equipment is fully covered by full replacement, all risks insurance, the total equipment value to be covered is shown on the contract. Not withstanding all equipment and any additional equipment shall be at the risk of the Hirer and the Hirer shall be liable for any loss, theft, damage, destruction or non return of the said equipment howsoever caused during the period of hire.
(d) not sell, assign, let, pledge, mortgage, charge incumber or part with possession of or otherwise deal with the equipment or suffer the equipment to be taken by way of distress or execution and in the event of any breach of this sub-clause the Owners shall be entitled (but shall not be bound) to pay any third party such sum as is necessary to procure the release of the goods and to recover such sum from the Hirers forthwith.
(e) not tamper with, attempt to repair, or to adjust the equipment or any components part thereof, and shall not permit or allow any persons, except the servants or agents of the Owners, so to do.
(f) not deface, cover up, or remove any labels affixed to the equipment by the Owners or manufacturers in compliance with OFCOM licensing and Health and Safety regulations currently in force.
4. The goods shall remain the property of the Owners and nothing contained in this Contract shall confer or be deemed to confer any interest in the goods on the Hirers.
5. The Owners will terminate the hire immediately, without notice, if the Hirers commit, or allow, any breaches of their obligations under clauses 2 and 3 hereof. If the hire is so terminated by the Owners, the Hirers shall be liable to pay for the remaining agreed hire period at the Standard hire rate.
6. All equipment is tested prior to hire and leaves the Owners' premises in working order. It is the Hirers' responsibility to inform the Owners immediately of any suspected faulty unit, and to return the unit in question, at their own expense, to the Owners' workshops for repair. Repairs and despatch of repaired or replacement units by our approved transport are free with the exception of faults or damage incurred under clause 3. If the Hirers request an Engineer's visit to site, for whatever reason, this is chargeable and an official order must be placed before the visit can be made.
7. The Hirers' may request an extension to the agreed hire period by giving the Owners seven days written notice. The Owners will consider the request subject to the availability of the equipment and provided no breaches of clauses 2 and 3 have occurred. If an extension to the hire period has not been agreed in advance, and the equipment is not returned on the due day, the Hirers shall be liable for any losses incurred by the Owners.
8. It is the Hirers' responsibility, whatever the means adopted, to secure the safe return of all equipment to the Owners premises during office hours, or the Owners' Engineer on site. Hire charges will continue to accrue on a daily basis until the equipment is returned. If carriers are to be utilised to return the equipment, a dated and signed receipt must be obtained to prove despatch and submitted to the Owners if necessary. In the event of the Hirers being unable to return the equipment to the Owners at the end of the hire period, because of its destruction, damage beyond repair, theft, or any other reason, hire charges will continue to accrue until the equipment is recovered or replaced, either by the Owners or to the Owners' specification by the Hirers, provided that the amount of any additional hire charge payable as a consequence of this clause shall be limited to an amount equal to thirteen weeks hire charges.
9. All radio channels are shared in the United Kingdom, and whilst the Owners will endeavour to supply equipment on approved frequencies which are not shared in the Hirers' particular area, they cannot be held responsible when sharing does occur, nor liable for any costs involved where frequency changes may be necessary. The official OFCOM licence document is held at the Owners' offices and permits the transmission of our equipment anywhere in the United Kingdom. It is strict conditions of the Licence that the equipment is operated in a professional manner and that call signs are used. Your call sign will be on your licence and operating instructions supplied with the equipment.
10. The Hirers may cancel the Contract prior to its commencement date by giving written notice of not less than 15 working days. For contract periods of less than 28 days the Hirer may cancel the contract prior to despatch or within 15 workings days of despatch upon payment of 50% of the contracted price. For contracted periods in excess of 28 days the Hirer may cancel the contract prior to despatch by giving written notice of not less than 15 working days upon payment, of 7 days hire charges at the standard rate prevailing.
11. Whilst every effort will be made by the Owners and their agents to facilitate delivery of the equipment where agreed, the subject of this Contract, the Owners will not be liable for any delay or failure to carry out their obligation caused by strikes, or other labour disputes, government action or any other cause beyond their control. The Owners reserve the right to substitute equipment of equal quality to that outlined in the Schedule where circumstances deem it necessary.
12. The Contract shall be construed and governed in all respects according to English Law.