PARAMOUNT RADIO COMMUNICATIONS LTD
TERMS AND CONDITIONS OF HIRE
1.1 In these terms and conditions the "Owner" means Paramount Radio Communications Limited whose registered address is 128A Business Design Centre, 52 Upper Street, London N1 0QH.
1.2 The "Hirer" means the company or person hiring the equipment as named on the Rental Agreement.
1.3 "Equipment" means the items specified on the Rental Agreement and shall include all accessories, parts. replacements, renewals and additions.
1.4 The “Hire Period” represents the timeframe the Equipment is hired by the Owner to the Hirer as detailed on the Rental Agreement.
1.5 The Equipment shall remain the property of the Owner (including all accessories, replacements, renewals and additions) throughout the duration of the Hire Period and nothing contained in the agreement shall grant the Hirer any interest in the Equipment.
1.6 The Hirer shall assist the Owner to re-possess the Equipment if the Hirer has lost or otherwise relinquished possession thereof during the Hire Period in breach of these conditions. Even if the equipment is treated as lost, under these conditions it shall remain the property of the Owner.
2. PRE-DELIVERY OF THE EQUIPMENT
2.1 The charge for the Hire Period shall be payable by the Hirer in advance unless an agreed credit facility has been arranged with the Owner prior to the Equipment being dispatched. Any further hire charges or other sums payable under this agreement shall be paid forthwith by the Hirer on demand.
2.2 The Hirer can cancel the dispatch of the equipment by giving 5 working days’ written notice. Shorter notices of cancellation may result in hire charges still being applied.
2.3 The Hirer will ensure that all relevant delivery information (including site personnel contact details) is provided to the Owner so as to ensure a smooth and efficient delivery of the Equipment to the pre-agreed site address.
3. DELIVERY OF THE EQUIPMENT
3.1 All Equipment will be dispatched by the Owner on a standard, next working day 09:00-17:00 delivery service unless specifically agreed otherwise with the Hirer prior to dispatch. Every effort will be made by the Owner to facilitate delivery of the equipment on the due date. However, if for any reason beyond the control of the Owner this is not possible, the Owner cannot accept liability for any loss however caused.
3.2 The Owner will ensure that the Equipment leaves their premises in good working order. The Hirer’s acceptance of delivery of the equipment shall be conclusive evidence that the Hirer has examined the Equipment and found it to be complete, in good condition fit for any purpose for which it may be required and in every way satisfactory, unless any discrepancy is reported to the Owner in writing within 24 hours of receipt of the Equipment.
3.3 The Owner reserves the right to charge the Hirer additional costs if delivery on the agreed date is not made possible due to the Hirer not conforming with clause 2.3.
4. DURING THE HIRE PERIOD
4.1 The Hirer agrees to take all reasonable measures to ensure the safety of equipment. Full replacement, all risks insurance of the Equipment must be in effect from either the time of delivery by the Owner / collection by the Hirer; during the Hire Period itself and up to the point of collection by the Owner (or carriers on the Owners behalf) / return by the Hirer. In the event of any loss under the policy, the Hirer shall prosecute at its own expense a claim against the insurers with due diligence and shall hold any proceeds for the benefit of the Owner who shall allow the Hirer such part of the proceeds as the Owner may in absolute discretion deem reasonable.
4.2 The Hirer agrees to keep the Equipment in their possession at all times and not remove it from the agreed site unless previously agreed with the Owner, except for return if suspect or the termination of hire, when the Equipment will only be returned to Paramount Radio Communications Ltd at 128A Business Design Centre, 52 Upper Street, London N1 0QH.
4.3 The Hirer must not tamper with, attempt to repair or adjust any component part nor allow any persons other than the Owner or their appointed agents to do so. The Owner is expressly excluded from any liability in respect to any defect or inadequate performance of the equipment caused by accident, misuse, neglect, tampering with or modifications to the equipment or by any attempt at internal adjustments or repair by any person other than the authorised representative of the Owner.
4.4 The Hirer agrees not to sell, assign, let share, pledge, mortgage, charge, encumber or part with possession of or otherwise deal with the equipment or any interest therein or create or allow to be created any lien on the equipment and in the event of a breach of this clause by the Hirer, the Owner shall be entitled (but not bound) to pay to any third party all such sums as may be necessary to procure the release of the equipment from any charge, encumbrance or lien, and to recover such sum from the Hirer forthwith.
4.5 It is the responsibility of the Hirers to inform the Owners immediately of any need for repair during the hire. Repairs are free of charge on a 48 hour exchange basis to UK addresses with the exception of faults and damage incurred under Clause 4.3. If the equipment is outside the UK then additional carriage charges will apply. If however the Hirer requests a site visit by the Owners engineer, this will be chargeable and an official order should be placed to cover the same.
4.6 The Hirer may request an extension to the Hire Period at terms mutually agreed with the Owner and, subject to availability; the Owners agree to consider the request providing all clauses have been adhered to.
4.7 Due to the limitations of channels available in the United Kingdom by Ofcom, it is impossible to guarantee freedom from interference from other third party users during the Hire Period. The Owners will however attempt to the best of their ability to minimise any outside interference. If the Hirer receives interference from another user, they must inform The Owner immediately. The Owner then shall do their utmost to resolve the problem. If the Hirers operate the equipment using their own licence(s) they are wholly liable for conforming to all acts, statutory instruments and regulations as to the location, use and operation of the equipment from time to time being in force. The Owner shall not be liable in any way for any costs or charges arising from the breach of any statutory or other regulations or from any alteration there in. If as a result of any breach the equipment is confiscated or otherwise delayed in its return to the Owners, hire charges at the rate previously agreed will continue until the equipment is returned to the Owner.
4.8 As required by the Health and Safety at Work etc. Act 1974, the Hirer is required to ensure that the following information is brought to the attention of all personnel involved in the use of the equipment. In general terms the equipment may be classified as electrical and electronic and in most cases is accompanied by instruction sheets. Each item of equipment is checked and supplied in accordance with manufacturers published specifications and when used in normal and prescribed applications and within the parameters set for electrical performance will not cause danger or hazard to health or safety as long as normal engineering and safety practices are observed.
5. COLLECTON OF THE EQUIPMENT
5.1 At the termination of the Hire Period (unless specifically agreed otherwise between the Owner and the Hirer), the Owner will arrange collection of the Equipment from the Hirer via approved carrier on a standard, next day collection service which may take place anytime from 09:00-17:00. It is the Hirer’s responsibility to ensure the Equipment is ready and made available on the agreed date at the agreed address for the collection to take place.
5.2 The Owner reserves the right to charge the Hirer additional costs if collection on the agreed date is not made possible due to the Hirer not conforming with the clause detailed in 5.1
5.3 All boxes / crates must be securely packed and sealed prior to collection by the Hirer. If the Hirer is returning the Equipment themselves, they are responsible for its safe return directly to the Owner’s offices as detailed in clause 4.2. Any equipment that is returned damaged shall be subject to the clause detailed in 5.4.
5.4 If the equipment or any part thereof is returned by the Hirer to the Owner in a damaged or dirty condition, the Owner shall be entitled to repair, clean or replace the equipment or any part thereof at the Hirer’s expense. In such case the hire period shall be extended until completion of the repair, cleaning or until a replacement is affected.
5.5 Any Equipment or part thereof not returned due to theft, loss, damage beyond repair or any other reasons then the Owner will invoice the Hirer at the applicable rate. The Hirer will be given 7 days grace (starting from the termination date) to find and return to the Owner any lost equipment. If this is accomplished, a credit note would be raised by the Owner accordingly.
6. TERMINATION OF AGREEMENT / MISCELLANEOUS
6.1 The Owner will terminate the hire immediately and without notice if the Hirer allows any breaches of Clause 4.3. If the hire is so terminated by the Owner, the Hirer shall be liable to pay the remaining hire period at the agreed rate as well as any legal costs incurred in the recovery of the equipment. The Hirer shall permit or arrange for the Owner access to where all of the equipment is located for the purpose of its recovery.
6.2 The Owner may, without prejudice to any other right or remedy, terminate the contract forthwith by giving the Hirer notice in writing if the Hirer has failed to pay any charges due or to comply with any other obligations on his part and to recover the Equipment. The Owner reserves the right to immediately collect all Equipment without notice if the Hirer goes into administration / liquidation / receivership, and as such the Hirer should release all of the Owner’s Equipment upon demand without question.
6.3 The Owner may at his discretion charge interest on credit accounts overdue by at least 30 days at 8% over bank base rate. Any expenses incurred in charges for a 3rd party collection of the debt or recovery of our goods will also be added to the outstanding account.
6.4 Any notices required to be given under the provisions of this agreement shall be deemed to be sufficiently served if such notices are sent by prepaid recorded delivery post, addressed to the Hirer at its last known address and in case of the Owner at its registered office.
6.5 The Hirer shall indemnify in full and keep indemnified the Owner (including any officers, employees, consultants and sub-contractors of the Owner) against any loss, damage, cost or expense that is directly or indirectly attribute to a negligent act or omission of the Hirer in relation to its use of the Equipment and/or wilful misuse of the Equipment by the Hirer.
6.6 Notwithstanding anything else in this Agreement, nothing in this Agreement shall exclude or restrict liability for fraud or for death or personal injury cause by negligence.
This agreement shall be construed and governed and enforced according to English Law