Terms & Conditions of Hire From 2CL Communications Ltd.
These terms and conditions form the basis of a hire Agreement between you (the Hirer) and 2CL Communications Ltd. Please make sure you understand the conditions of hire. For each hire of equipment, there will be a delivery note detailing the equipment on hire. It is your responsibility to check these details and 2CL Communications Ltd will not be responsible for any variation in product or service not recorded on the delivery documentation. Once you have signed all the pages of this document and sent it back to 2CL Communications Ltd, then these terms and conditions will apply to every hire of equipment from 2CL Communications Ltd, subject to a check on your credit status. Your signature confirms your agreement to our terms and that our terms are the only ones incorporated into this Agreement. Customers’ use or acceptance of the Equipment for hire signifies acceptance of these Terms and Conditions in full.
1. HIRE PERIOD
Whilst the equipment is on hire you must pay hire charges. The hire period starts on the day you receive the equipment. This hire contract will terminate on the later of:
- the return date notified on your order for Hire.
- the date of return of the equipment to 2CL Communications Ltd during normal working hours
- notification to us in writing that the equipment is unreturnable (whatever the reason).
If the equipment remains on hire beyond the return date on your order for Hire, then 2CL Communications Ltd reserves the right to:
- vary any of the terms and conditions of hire with a minimum of one week’s written notice.
- vary any of the hire charges with a minimum of one week’s written notice.
- demand the immediate return of the equipment.
If you cancel the order within 48 hours of the scheduled dispatch date you will be liable for 50% of the rental charges. If you change the order within 24 hours of the hire date, we will be at liberty to charge you the cost of labour and materials used to make the changes.
2. DELIVERY & COLLECTION OF EQUIPMENT
You will be charged for delivery and collection unless otherwise agreed in writing by 2CL. You must check all the equipment which we have sent to you to check that it conforms to the order. If you do not let us know of any problems within 48 hours, we will assume everything has been delivered as you requested. If the collection fails because you or the equipment was not available, you will be charged for failed collections as well as for the successful collection. We will do our very best to meet agreed delivery and collection dates but in the unlikely event of a delay, we will not accept any liability for the consequences or costs of such a delay beyond our collection costs.
3. FAULTY EQUIPMENT
You must inform 2CL Communications Ltd in writing about faulty equipment and we will replace it as quickly as we can, typically within 48 hours. If you do not send faulty equipment back within 48 hours of receiving a replacement, unless otherwise agreed in writing, then you will pay rental charges on the faulty equipment as well as the replacement equipment until the faulty equipment is returned. 2CL Communications Ltd cannot accept responsibility for not providing support for interfaces or links between 2CL Communications Ltd and other equipment.
4. RETURN OF EQUIPMENT
You must confirm with us by phone or email when you want the equipment collected. If you inform us after midday, you will be charged hire for that day. If you inform us after midday on a Friday, you will be charged for hire over the weekend. Do not assume that 2CL Communications Ltd will automatically collect equipment on the return date of the order. 2CL Communications Ltd does not automatically collect any equipment and you will pay hire charges until it arrives back at 2CL Communications Ltd. If you have specified a collection date, please make sure it is correctly recorded on the order details. You can make your own arrangements to return the equipment to 2CL Communications Ltd, but you must make sure that whoever returns it gets the signature of a 2CL Communications Ltd employee as proof of delivery. You may, at any time during the hire period, request a list of equipment you still have on hire, but we will not provide this information unless you ask. It is your responsibility to tell us if a site is closed or we will assume that any equipment not returned to 2CL Communications Ltd is still on hire and you will continue to pay for the hire of any outstanding equipment. It is not 2CL Communications Ltd.’s responsibility to keep track of the equipment in your care.
5. TITLE TO THE EQUIPMENT
At all times 2CL Communications Ltd will remain the owner of the equipment although risk in the equipment will pass to you when the equipment is delivered to you. You are obliged under this agreement to insure the equipment against loss, theft, or damage, and provide us with evidence of your insurance covering hired in radio communications equipment if we ask for it.
6. RADIO COVERAGE
We cannot guarantee that radios will operate without interference from external sources such as other radio installations. We will, however, make every effort to select frequencies and design your system to minimise the chance of external interference. Your radio system coverage cannot be guaranteed unless a full radio survey is completed prior to installation. There would normally be a charge for this survey.
7. DAMAGE
If you damage our equipment, you will be charged for the repairs that 2CL Communications Ltd decides are necessary or, in the case of complete loss, for replacement of the equipment at the full new retail price. You are entitled to inspect the equipment at 2CL Communications Ltd.’s premises within 7 days of the date of return before repairs are carried out.
8. LOST OR UNRETURNED EQUIPMENT
If you are unable to return the equipment to 2CL Communications Ltd for whatever reason then you must let us know immediately, in writing. You will be charged the full, new retail price of any lost equipment. As long as you pay any such charges within 14 days of the invoice date you will only be charged rental up to the day we received the written notification. If you take longer than that to pay, the hire period will continue until the date 2CL Communications Ltd receives the payment, and hire charges will be applied up to that date.
9. ADDITIONAL RESPONSIBILITIES
The equipment is on hire from 2CL Communications Ltd with no option to purchase. You may not alter, deface, nor damage the equipment or remove identification labels in any way. You cannot take the equipment outside the UK nor allow the equipment out of your possession without 2CL Communications Ltd.’s written permission. You must make sure that the equipment is used safely by competent users and that all necessary health and safety and licensing regulations are complied with where appropriate. It is your responsibility to make sure that equipment is fit for the use you intend. You must allow us to inspect our equipment at all reasonable times upon us giving you reasonable notice and you will have to pay for all costs incurred in locating the equipment. 2CL Communications Ltd accepts no liability for any consequential loss resulting from non-performance of this contract or from your failure to meet your responsibilities.
10. PAYMENT
2CL Communications Ltd.’s terms are 14 days from the invoice date for loss, damage, or unreturned equipment charges (remember if you exceed this then you must pay hire charges right up to the date you settle the invoice) and for account customers, strictly 30 days from the invoice date for all other charges. If you exceed these terms, or break any other clauses in this contract, then we reserve the right to do any or all of the following
- cancel this hire contract (and any others you may have with us)
- recover our equipment, we retain the right under this agreement to enter your premises in order to recover the equipment, and you grant us an irrevocable licence to do so for this purpose.
- refuse to make any further hires to you or exchange any faulty equipment you have on hire.
- charge interest on any late payment which you make at a rate of 8% per year over the Bank of Scotland base rate in force from time to time on any amount due from the date it became due until the date when the payment in full (including interest) is received by 2CL Communications Ltd both before and after any judgement.
- recover reasonable debt recovery costs.
2CL Communications Ltd will only invoice the contract holder for any damaged or unreturned equipment. We will not invoice 3rd parties for additional hire, loss or damage.
11. LIABILITY
Except as set out in these terms and conditions we shall not be liable to you
- for any defect in any equipment supplied to you
- in respect of any indirect or consequential loss (including loss of profits) however this has been caused
12. LAW
These terms and conditions are subjected to English Law and the jurisdiction of the English Courts