1. General
1. Definitions
The Contract is for the hire of items and accessories ("Equipment") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
1. the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
2. EPS LTD (Registered No. 4082087) with registered offices at 7 Hillview Road, Irby, Wirral, Merseyside, CH61 4XH ("EPS LTD").
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
2. Extent of Contract and Cancellation
The Contract is not assignable and is effective when EPS LTD accepts the Hirer's detailed order. EPS LTD reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
3. Termination
EPS LTD may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
4. Ownership of Equipment and Goods
Equipment hired remains the property of EPS LTD at all times. Ownership of Goods purchased transfers only when full payment is received by EPS LTD.
5. EPS LTD One Call Conditions
When EPS LTD acts as managing agent for the sourcing of Equipment specific conditions may apply. The Hirer will be advised prior to Contract commencement and those conditions will apply concurrently with these conditions.
2. Hire Charges
1. Basis of charging
The stated hire charges in the Contract are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current EPS LTD catalogue price list from time to time.
2. Transport charges
Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
3. Deposits
Deposits are set by EPS LTD at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to EPS LTD of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
4. Cleaning, re-
The Hirer will pay for required cleaning or re-
5. Loss of Equipment
EPS LTD will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
3. Payment
1. Payment Terms
If EPS LTD has granted a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer's order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until EPS LTD has received cleared funds or cash.
2. Invoice Queries
The Hirer should notify EPS LTD of any queries concerning invoices in writing within 14 days of the invoice date. EPS LTD will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
3. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by EPS LTD in the recovery of amounts due, Equipment and/or Goods. In addition EPS LTD may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
4. Credit Limits
Where EPS LTD has granted a credit account to the Hirer, EPS LTD may set a reasonable credit limit. EPS LTD reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. Damage Waiver Option
1. Damage Waiver
The 'Damage Waiver' charge, at 10% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under 'Damage Waiver' EPS LTD will waive any further charge for rectifying accidentally damaged returned Equipment. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for Equipment loss or theft. 'Damage Waiver' may be limited under EPS LTD One Call Contracts and 'Damage Waiver' may be invalidated where condition 5(g) is not adhered to.
2. Damage Waiver Plus
If the Hirer contracts to pay, at 15% of the hire charge, the 'Damage Waiver Plus' charge (where available as an option) EPS LTD will waive any further charges for rectifying accidentally damaged returned Equipment. 'Damage Waiver Plus' may be invalidated where condition 5(g) is not adhered to. EPS LTD will also waive any penalty charges for Equipment loss subject to the following conditions:
1. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
2. Theft of Equipment must be reported to the Police and a crime reference number obtained.
3. The Hirer must notify EPS LTD within 48 hours of the theft and obtain an EPS LTD Theft report Form. The completed form must be returned to:
Claims Department, Circle House, Lostock Road, Davyhulme, Manchester M41 0HS.
Tel: 0161 749 4400 Fax: 0161 749 4421.
4. The maximum value of loss penalty charges waived for any single hire contract will be £5000.
5. Exclusions -
1. Theft of consumable 'resale' Goods.
2. Loss due to the dishonesty of any Hirer's employee.
3. Theft from a vehicle where the Equipment was left visible and unattended.
4. Loss of Equipment revealed only when an inventory is made.
5. Loss arising from civil disturbance.
6. Loss occurring outside the UK and Eire.
6. Limit of Claim -
1. The first £50 (or 20% whichever is the greater amount) of any Equipment loss claim.
2. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.
5. Hirer's Responsibilities
1. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to EPS LTD immediately by telephone.
2. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk.
3. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to EPS LTD and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
4. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming
to relevant legislation and the EPS LTD operating and safety instructions supplied)
by competent persons not under the influence of alcohol or drugs and for its constant
supervision within the range of children. The Hirer will immediately notify EPS LTD
of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will
ensure any non-
5. Return or collection of Equipment
The Hirer may arrange for the return or collection of Equipment with any EPS LTD outlet during normal business hours and when Equipment has been returned or collected EPS LTD will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment EPS LTD will issue a 'collection reference number' in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
6. Lost or stolen Equipment
Except where the Hirer opts for 'Damage Waiver Plus' (where available as an option) under condition 4(b) the Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to EPS LTD any insurance claim proceeds. This liability is without prejudice to any EPS LTD rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of EPS LTD.
6. EPS LTD' Responsibilities
1. Hire rates
EPS LTD will maintain the agreed hire rates for the duration of the Contract.
2. Safety and operating instructions
EPS LTD will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
3. Testing and inspection of Equipment
EPS LTD will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes EPS LTD will substitute items of similar specification.
4. Delivery and collection
Following the Hirer’s request, EPS LTD will endeavour to deliver or collect Equipment during the next business day, wherever possible.
5. Returned Goods
EPS LTD will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
6. Limitation of liability
The liability of EPS LTD for claims made by the Hirer does not extend to any
unforeseeable financial loss caused by late or non-
Subject to the above EPS LTD will be liable for negligence or error in the performance of its obligations under the Contract.