Procedures and terms

Please read the below procedures & terms which govern all hires from EMC Hire. If you have any questions or concerns, please don’t hesitate to contact us

PROCEDURES

  • Please phone/email to check the availability of all items required before placing any orders with us.
  • We accept reservations of equipment by telephone or email, however because of other customer requirements we may ask you for an order number/payment to secure this booking. If you are unable to secure your company’s decision on this matter, then we reserve the right to let this equipment go to the first secured booking. We will always try to provide a suitable equivalent to you where possible should this situation arise.
  • Although we appreciate your custom, please be considerate enough to bear in mind that having booked for a specific period other customers may be in the process of securing that equipment after your hire. Should you feel that you may have to extend the hire beyond your original contract, informing us of this as soon as possible would be helpful and avoid the equipment being collected at the end of your hire period. 
  • In the event of dissatisfaction / malfunction, please call us immediately so that the matter can be resolved. We are unsympathetic to claims of inoperable equipment at the end of the hire period for obvious reasons.

TERMS

Hire of equipment is subject to the following terms of business which may NOT be varied without our written consent

Operation

1.  Please remember that all unlicensed transmissions are illegal and come under the Radio Investigations Branch of OFCOM in the UK and other appropriate authorities within the EU.

2.  The equipment must only be used by a properly qualified operators in accordance with the manufacturers published specification and any appropriate health and safety regulations. We may seek additional assurances that the named end user is competent and understands any dangers using such equipment.

3.  Where knowledge of the equipment operation is in doubt, please make this known to us. In some cases, we can arrange for an engineer to deliver and instruct on set up. Engineers can remain on site for a period of time to oversee the complete operation of the equipment (additional charges will apply for these services).

Period of Hire

4.  There is a minimum hire period of 2 days, but there is no maximum hire period.

5.  For extension periods on the original hire an order (credit or debit card payment) should be received as soon as possible, and no less than 24 hours prior to commencing the new hire period.

6.  Retention of equipment without order cover is not permitted and will result in additional administration and hire charges, which will be no less than the charge for a 2-day hire period.

7.  We retain ownership of all equipment at all times and accordingly you must not sell, assign, modify, lease, hire or otherwise dispose of the equipment without prior permission. EMC Hire works in partnership with a specialist insurance broker and we will always quote for insurance to the value stipulated on the quotation, however if you hold your own insurance, confirmation is required to this effect.

8.  For account holders, payment of all hire charges including delivery charges is to be made within 30 days of the date of invoice. Where an invoice is outstanding for over 30 days, we reserve the right to refuse any new or further period of hire until payment is made in full with interest charges at the Bank of England Base Rate plus 3%. All hire charges must be paid without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever.

9.  For non-account holding clients, payment in advance will be required. An account may be applied for subject to status and a satisfactory credit check. 

Lessee’s Responsibilities

10.  The lessee shall, during the term of the hire agreement:

  • ensure that the equipment is kept and operated in a suitable environment and used only for the purposes for which it is designed and in a proper manner by trained competent staff; and
  • prevent the equipment from being confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the equipment is so confiscated, seized or taken, the lessee shall notify the lessor and the lessee shall at its sole expense use its best endeavours to procure an immediate release of the equipment and shall indemnify the lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.

Delivery & Returns

11.  We will discuss method of delivery and collection and confirm the method and costs in our quotation. The customer must notify us on completion of hire to enable collection to be organised. The equipment will not be formally checked or tested until it is received at our premises although if collected by us our driver will do a visual check to confirm the consignment is complete. 

12.  If the equipment is not ready for collection by either our driver or an appointed carrier,  the driver will return and you will be charged for a further attempt at collection. Equipment must not leave the EU borders without our prior permission. 

13.  Customers may be required to complete an overseas acceptance form stating the end user and delivery location. Hire will be deemed to run from delivery time to return time, regardless of shipping and customs delays. Customers may be required to provide proof of insurance cover for operation of equipment outside the EU. 

14.  Damage as a result of technical misuse or negligence will be assessed and charged for. In the first instance, we will discuss the fault found with the client and send a fault reporting form. We endeavour to inform customers immediately if we notice damage with a detailed follow up when the damage has been fully assessed.

Liability

15.  Whilst we endeavour to give sensible and practical advice concerning the equipment available for hire, it is your responsibility to make the correct choice of equipment and to ascertain its suitability for the purpose required whether you are an agent and sub-letting or are the end user.

16.  Whilst we endeavour to transport equipment in working order for immediate use, accidents can occur in transit. In the event of equipment malfunction, you must notify us immediately so we can take appropriate action.

17.  We cannot accept any financial liability for any inconvenience or consequential loss of time or money incurred by the customer, although we would be happy to refund the hire and delivery charges where we have been unable to fulfil the contract or to make an allowance against such charges where there has been a malfunction of the equipment or delay on our part.

18.  We do not accept liability for any failure or delay in performance of the equipment caused by circumstances beyond our reasonable control.

19.  You will be solely responsible for and will fully indemnify us against any liability for loss or injury whatsoever (including death) to persons or property occurring in connection with any use of our equipment.

Cancellation

20.  If, after placing an order for hire of equipment you then cancel the order or part of the order, we reserve the right to charge a proportion of the original contract taking into account the amount of notice given.

21.  If you are a customer acting for purposes outside the normal course of your business and the hire agreement is concluded by means of distance communication e.g., email telephone etc then you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000, except where the hire equipment has already been delivered to you or collected by you.

Termination

22.  If you commit any breach of the terms of business, we may terminate the contract of hire immediately and require payment of all hire and delivery charges. If you become insolvent, we reserve the right to terminate the contract immediately and collect all hire equipment from your premises.

Entire Agreement

23.  It is agreed that there is no representation, warranty, collateral agreement or condition affecting these terms and conditions of business except as expressly provided in this document.

Assignment

24.  The contract evidenced by these terms and conditions of business may not be assigned by either party without the consent of the other party.

Waiver

25.  Failure to enforce any of these terms is not a waiver of a party’s rights and shall not prejudice its rights to take action in respect of the same or any later breach.

Severability

26.  Any part of a term which is wholly or partially void, invalid or unenforceable shall be severed from the remainder which remains enforceable.

Force Majeure

27.  If a party is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance has been suspended for more than 7 days, either party may terminate the Contract by immediate written notice.

Notices

28.  Any notice to be given by either party to the other shall be in writing, shall be sent by first class pre-paid post to the other party’s registered office or to such other address as to which any party may from time to time notify the other and shall be deemed to be served 2 days after the date of posting.

29.  In proving such service, it shall be sufficient to prove that the envelope containing such notice was addressed to the address of the relevant party and delivered either to that address or into the custody of the postal authorities.

Third Party Rights

30.  For the purposes of the Contracts (Rights of Third Parties) Act 1999, this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

English Law

31.  This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

© 2017 EMC Hire Ltd