GENERAL CONDITIONS FOR THE HIRING OF EQUIPMENT
1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with Smart Computers Ltd. ‘’We’’ and “Us” means Smart Computers Ltd. the supplier of the hired equipment. “You” means the person, firm, company, corporation or public authority or body to whom we supply equipment on hire. “Equipment” means the hired items referred to in the contract. These Conditions exclude any items and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modifications of that Act. By accepting this Contract, you are deemed to have accepted these conditions.
2. BASIS OF CHARGING
Charges are based on Direct Debit payment; alternative methods of payment will incur an additional charge. You will pay the hire charges stated in the Contract. Hire will begin at the time stated in the Contract and will continue during the period of hire until you have restored the Equipment to us in a clean and serviceable condition and we have given you a receipt for it.
An administration charge of £25 will be made for each Direct Debit returned unpaid. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the base rate of Barclays Bank plc calculated on a daily basis, or to suspend or terminate this agreement. This will be without prejudice to any other remedies that we may have. You will also pay to us any charges we reasonably incur in the recovery from you of any outstanding monies or Equipment.
Monthly rental charges will be made for a full month even if the contract is terminated mid-month.
Equipment returned prior to the end of the contract period will be charged at the full contract rate for the remainder of the contract period. At the sole discretion of Smart an early termination discount may be applied to the outstanding contract charge.
3. DELIVERY AND CARRIAGE CHARGES
Hire charges do not include carriage. You will pay to us any agreed charges for delivery or collecting Equipment. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions.
4. SAFETY AND INSTRUCTIONS
We will supply equipment that is safe but it is your responsibility to maintain it in such a manner to ensure its safety and make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the Equipment is not misused.
5. YOUR RESPONSIBILITY – (RESPONSIBILITY OF HIRER)
(i) Your responsibility for the Equipment begins when you or your agent receive the Equipment. If it is delivered to you your responsibility begins on delivery. Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the equipment has been returned or collected and you have our unqualified receipt for all of the Equipment. You must not sell or otherwise part with control of the Equipment.
(ii) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to our proven negligence.
6. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING
You must keep yourself acquainted with the state and condition of the Equipment and ensure that it remains safe serviceable and clean. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. Any costs, however incurred by us, to reinstate the equipment to its former state due to an unauthorised repair by You, will be charged to and be immediately payable by You. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.
We will repair or replace faulty components provided by us under this agreement.
Printer consumables are your responsibility and we do not guarantee that a rental printer will have a full supply of ink at the commencement of the contract.
7. LOCATION OF EQUIPMENT
Equipment must not be removed without our authority from any site originally specified by you or from any site we subsequently authorise.
8. LIMITS OF OUR LIABILITY
(i) All times that we state or quote for delivery or collection are approximate.
(ii) We will not be liable for any damage, losses, costs or delays caused by any circumstances beyond our reasonable control.
(iii) We will not be responsible for or liable for any problems caused by your own data, hardware or installed software.
(iv) Call-outs that are not covered by our rental terms will be charged at £80/hour plus any travelling costs incurred. These charges will be paid by the customer on completion of the repair.
(v) We will not be held liable for any problems caused by your Internet Service Provider.
(vi) We will not be held liable for data security. You are responsible for data security and backups unless otherwise agreed.
(vii) We will not be liable for any indirect loss, loss of business, profits, savings expected to make, wasted money, wages, fees or expenses, etc., due to a delayed service call, late or non-delivery, unsuitability of equipment, incorrect advice, breakdown or stoppage of any Equipment or any part of it.
(viii) We will not be liable for supporting equipment which is over 54 months old due to the age, availability of parts and significant likelihood of failure.
9. TECHNICAL SUPPORT/HELP LINE.
You can call us at any time between 08:30 and 17:30 with technical queries. If we cannot fix your problem over the telephone then a visit by one of our engineering staff will be arranged at the hourly charge specified in the contract. Where the maintenance option is included this will be our standard 24-hour on-site maintenance.
10. USER ERRORS
If repeated user errors or damage are reported our standard callout charges will apply at the rate of £80 / hour including travelling time.
11. QUOTATIONS
Any quotation given by us does not constitute an offer to contract and no contract will result until you have placed an order that has been accepted by us.
12. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
You will pay us the replacement cost of any Equipment that is lost or stolen or damaged beyond economic repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment. You must not compromise any claim without our express consent.
13. NON-RETURNED, LOST, STOLEN OR DAMAGED EQUIPMENT
(i) You have full responsibility for the care and safekeeping and return in good order of the Equipment.
(ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally, you will pay for our financial loss until such rectification is complete.
(iii) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is
without prejudice to our rights.
14. TERMINATION OF HIRE
We will be entitled, at any time, if you break this Contract, breach these conditions, or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from you any monies due to us under this Contract for all losses, including loss of profit, liability, charges, damages, costs and expenses incurred by us as a result of such cancellation. Or damages for breach of Contract.
15. OUR RIGHTS OF ACCESS
You authorise us to enter any land or premises where we reasonably believe any Equipment to be, in order to inspect, test, repair or repossess it.
16. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
17. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
