DARWIN HIRE

TERMS AND CONDITIONS OF HIRE

1. GENERAL
The following terms and conditions constitute the entire agreement between the person or persons designated as the HIRER on the attached despatch note and DARWIN HIRE (the OWNER). No other conditions apply; excepting any made in writing and agreed by both HIRER and OWNER before any contract is entered into.

2. OWNERSHIP
All EQUIPMENT supplied including packaging (the EQUIPMENT) remains the property of the OWNER. The rental agreement for whatever period of time shall not be construed as a sale.

3. PERIOD OF HIRE
The hire commences on the day the EQUIPMENT is delivered in accordance with 5, below and continues until the EQUIPMENT is returned to the OWNER'S premises. In the event that a specific period of hire is agreed between the HIRER and the OWNER in advance of delivery of the EQUIPMENT, and in the absence of subsequent written agreement to extend this period, the OWNER reserves the right to demand return of the EQUIPMENT or failing which to collect the EQUIPMENT at the HIRER'S expense at any time after expiry of the agreed hire period.

4. HIRE CHARGES
Charges for the EQUIPMENT are as detailed on the OWNER'S current published price list. VAT at the prevailing rate will be added to all charges.

5. DELIVERY AND COLLECTION
All EQUIPMENT will be delivered in suitable transit packaging either to the HIRER'S nominated carrier or to the HIRER by a reputable carrier at the HIRER'S expense. Charges will be itemised separately on the invoice. It is the HIRER'S responsibility to return the EQUIPMENT at the end of the hire period.

6. ACCEPTANCE AND PERFORMANCE
Acceptance of delivery of the EQUIPMENT by the HIRER or his agent will be taken as conclusive evidence that the EQUIPMENT had been examined and found to be complete and in accordance with the purchase order requirements, and as detailed on the accompanying despatch note.

7. DEFECTIVE OR DAMAGED ITEMS
It is the HIRER'S responsibility to inform the OWNER immediately should any faults become apparent or should damage occur to the EQUIPMENT, either by way of accident, misuse, or EQUIPMENT failure. The OWNER will repair or replace any defective item on hire, at the HIRER'S expense in the case of accident, misuse or occurrence beyond the control of the OWNER or at the OWNER'S expense if the failure is due to defects for which the OWNER is responsible.

8. HIRER'S OBLIGATIONS
The HIRER agrees during the period of hire:-

  1. To accept upon receipt of the EQUIPMENT the entire risk for loss or damage from any occurrence whatsoever.
  2. To read and adhere to any instructions, operating, manuals or guidance notes accompanying the EQUIPMENT.
  3. To ensure safe working practice, to acknowledge and accept any risks and hazards associated with using sensitive, electrical, electronic equipment.
  4. To notify the OWNER immediately in writing of any loss or damage to the EQUIPMENT and on demand to reimburse the OWNER in respect thereof within thirty days of invoice.
  5. Not to sell, assign, let on-hire or transfer the whole or part of the EQUIPMENT to any third party.
  6. Not to make any alteration, adjustments, modifications or to attempt any on-site repairs to the EQUIPMENT without the written permission of the OWNER.
  7. Not to export, or otherwise transfer the EQUIPMENT out of the United Kingdom, without obtaining the written permission of the OWNER.
  8. To inform the OWNER of any anticipated delay in returning the EQUIPMENT beyond any agreed period of hire as soon as practicable before the end of the agreed hire period.
  9. To permit the OWNER or OWNER'S authorised representatives to enter the premises or vessel where the EQUIPMENT is kept to inspect, maintain or repair as necessary.

9. LIABILITY AND INDEMNITY

  1. The HIRER acknowledges that the OWNER has no specific knowledge of the HIRER'S reasons for hiring the EQUIPMENT or of the aptitude of those who shall either use the EQUIPMENT or interpret the result of its use.
  2. The HIRER indemnifies the OWNER against all claims, damage, loss, cost and expenses arising out of the possession or use of the EQUIPMENT whether or not caused by defect thereof except for injury or death caused by the OWNER'S negligence.
  3. The HIRER'S insurance includes cover against all reasonably foreseeable loss or damage arising from the use of the EQUIPMENT, including consequential loss.
  4. Without prejudice to the foregoing, the OWNER'S liability for any breach by it of these terms shall be limited to the total amount of any payments received by the OWNER from the HIRER in respect of the EQUIPMENT involved in such breach.

10. HEALTH AND SAFETY
The HIRER shall be responsible for drawing to the attention of any users of the EQUIPMENT or other relevant personnel the Health & Safety at Work Act 1974, Section 6 (1) C and Section 6 (4) C, In connection with which:

The EQUIPMENT supplied may be classified as electrical, electro-mechanical or electronic and when used correctly in accordance with instructions and good working practice, does not constitute a health hazard.

The OWNER has tested, and ensured where practicable that the EQUIPMENT is safe to use and without risk if properly used.
If any doubt exists, it is the HIRER'S responsibility to seek assistance from the OWNER.

11. PAYMENT
In the absence of separate written agreement to the contrary, the OWNER shall invoice for the EQUIPMENT and any other charges related thereto either upon return of the EQUIPMENT or after the end of any one month's hire of the EQUIPMENT, whichever arises earlier, and the HIRER shall pay for such invoices within thirty days of the date of such invoices. Failure to pay when due shall entitle the OWNER to make a surcharge equivalent to 2% per month of any outstanding balance, in addition to exercising its legal rights to recover either the EQUIPMENT and for or any other amounts due.

12. FORCE MAJEURE
If either the OWNER or the HIRER are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but no longer than the continuance of the Force Majeure. The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability. If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more , then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.

13. GOVERNING LAW
Any contract entered into between the HIRER and the OWNER shall be governed by and in accordance with the Laws of England. The HIRER agrees to be subject to the exclusive jurisdiction of the English Courts.

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