SMYE-RUMSBY LTD TERMS AND CONDITIONS OF TRADING
1. These Terms and Conditions supersede all previous issues. In these Conditions the term "Company" means SMYE-RUMSBY LTD and includes all Companies, Divisions, Depots and Out Stations within the Smye-Rumsby organisation. The term "Customer" means any current or prospective purchaser of goods or services supplied by the Company.
2. The terms "Goods" or "Material(s)" means any equipment, components or material supplied by the Company. The term "Service(s)" means any of the services offered by the company from time to time, including contractual services that are offered with separate terms and conditions that shall be supplementary to these Conditions.
3. Orders placed on the Company shall be deemed an acceptance by the Customer of these Conditions, to the exclusion of all other terms and conditions unless expressly agreed by the Company in writing.
4. Unless otherwise agreed or specified in writing, all quotations shall be valid for 90 days from the date thereon and shall be exclusive of any Value Added Tax which will be added at the time of invoicing/payment according to the appropriate rate.
5. Except for prices rendered under clause 4, the Company reserves the right to amend prices at any time due to changes in costs ruling at the date of despatch.
6. Payment of invoices by account customers is to be made within 30 days of the date of the invoice. The Company has the right under English law to charge interest on overdue accounts.
7. Payment of invoices by non-account customers is to be made immediately on presentation of invoice or on request. Payment by cheque will only be accepted if accompanied by a valid cheque card.
8. The property in the goods or services shall not pass from the Company to the Customer until the Customer has made payment in full for the goods or services to the Company.
9. Where trade discount is given, it will indicate the Company is operating as a wholesaler and that the Customer is not the end user and therefore accepts that Company warranties do not apply.
10. Goods sold under the conditions of clause 9 will be subject to manufacturer's warranty and guarantee only.
11. New Goods sold by the Company are warranted as described in the Company's Goods Warranty, a copy of which is available upon request.
12. Installation work is guaranteed only against faulty workmanship and installation materials for a period of six calendar months from the date of completion. Such guarantee is exclusive of any travelling expenses that may be charged.
13. Service repairs and adjustments to equipment are guaranteed according to the terms laid down in the Company's Service Warranty, a copy of which is available on request.
14. Suspension of work for any reason outside the control of the Company, or on the instructions or lack of instructions of the customer shall be deemed a variation to the contract and as such will be liable to additional charges.
15. Any instruction given by the customer or the customer's duly appointed representative, to an employee or representative of the Company to perform any task not covered within the original quotation, order and/or contract shall be accompanied by a signed variation order, which shall be costed and charged according to the Company's prevailing commercial rates for its supplies and services.
16. The despatch of any goods which are claimed by the Customer as being undelivered, shall require the Customer to give written notice to that effect within 10 days of the despatch date as recorded by the Company, otherwise full payment shall be due.
17. Neither party shall in any case have any liability in respect of failure to deliver or perform or in respect of delay in delivering or performing any obligation under the contract due to cause outside the Company's control such as acts of God, fire, flood, war, civil disputes, unavailability of materials, or failure of suppliers or sub-contractors to deliver.
18. The Company shall not be held responsible whether under contract or statute or under common law in respect of any loss or damage to any property whatsoever or injury to any person whosoever, arising out of the use of services or any goods sold by the Company except where such ill cause is due to negligence on the part of the Company or its servants in connection with or during the execution of any work by the Company.
19. LIEN. In addition to any right of lien to which the Company may by law be entitled the Company shall (in event of the Customer's insolvency) be entitled to a general lien on all goods of the Customer in the Company's possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the Customer by the Company under the same or any other contract.
20. These terms and conditions shall be construed according to the laws of the United Kingdom and, in any dispute, the forum shall be in England and no implied conditions or regulations of any other country of the European Economic Community shall be deemed to be incorporated therein.
21. If at any time any question, dispute or difference whatsoever shall arise between the Customer and the Company upon, in relation to or in connection with the contract, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within 14 days of receipt of such notice, some person appointed by the London Chamber of Commerce. The submission shall be deemed a submission to arbitration within the meaning of the Arbitration Act, 1950, or any statutory modification or re-enactment thereof.
TERMS AND CONDITIONS OF HIRING
1 a. The "Owner" is Smye-Rumsby Limited including any of its 'trading names, which is letting the equipment on hire, and includes its' successors, assigns or its personal representatives.
b. The "Customer" is the company, firm, person or organization, including its successors or personal representatives named on the invoice, which is hiring the Owner's equipment.
c. The "Equipment" means the item or items, including any accessories or transport container(s) that the Owner agrees to Hire to the Customer under this Contract.
d. The "Site" means the delivery address of the Customer or such other agreed place of intended use of the Equipment as specified by the Customer at the time of Hire and stated in this Contract.
e. A "day" shall be any period up to and including 24 hours. A "week" shall be 7 consecutive days.
f. A "working week" shall be from 8.30am on Monday to 5.00pm on Friday, or such other times as agreed in writing at the time of Contract issue.
g. A "weekend" shall be any period from the finish time of the working week to the starting time of the following working week.
h. A "month" or "months" shall be the calendar month(s) applicable to the Hire period of the equipment.
i. The "Rent" means the payments made for the Hire of Equipment for the period of Hire as specified in the Contract.
2. No terms or conditions other than those expressly contained herein shall apply to or form part of this Contract save for the additional trading terms and conditions of the Owner.
3. The Hire Period commences on the day that the Equipment is dispatched to, or taken by the Customer at which time Rental charges will commence. Unless otherwise agreed in writing the Equipment shall be returned into the possession of the Owner on the same day as the End Of Hire contract date. Hire charges will continue until and including the date of return of the Equipment during normal working hours. The Customer is responsible for notifying the termination to the Owner and to advise on the method and date of return. The Customer shall be responsible for obtaining a receipt for the Equipment from the Owner at the time of return if so desired. Any failure by the Customer to pay for the Rent within the agreed payment terms shall be deemed a breach of this Contract. All legal and other reasonable costs resulting from actions of the Owner to recover Equipment and any payments due shall be borne by the Customer.
4. Established account customers shall be invoiced one month in arrears and shall pay in compliance with the credit period. Unless otherwise agreed in writing, non-account customers shall be required to pay in advance at the time of order by either of the following methods:
a. By cash in English currency, or by cheque with valid guarantee card only.
b. By valid credit card, in which case the Customer authorises the Owner to deduct from the Customer's credit card account all sums due as indicated on any invoice issued for continued period(s) of Hire.
5. All charges, including Hire charges, are exclusive of VAT, which will be additionally charged at the current rate. All days, including Saturday, Sunday and Public Holiday, falling within the Hire Period are chargeable. All Hire charges are payable on demand, or on the terms applicable to clause (4) Hire charges shall continue to be levied until all Equipment is returned into the possession of the Owner or until any outstanding dues have been settled.
6. The User shall be notified in writing of the insurable value of the Equipment at the time of entering into this Agreement. The User shall insure against the liabilities relating to the siting and use of the Equipment. The insurance thus arranged must indemnify the Owner against such liabilities. The Owner has the right to request a copy of the insurance policy.
7. Equipment supplied shall be in good working order and fit for the purpose for which equipment of this kind is normally used. The Owner does not warrant that the Equipment supplied shall be fit for any special purpose not agreed by the Owner in writing. The Customer shall be satisfied as to the condition of the Equipment supplied at the time of its acceptance by the Customer, his agent or employee. Unless the Owner receives notice to the contrary within 14 hours of the supply, the Equipment is deemed to have been supplied in good working order, except for defects that reasonably could not have been discovered by prior examination or use.
8. Unless otherwise agreed in this Contract, the Customer shall be responsible for the collection of the Equipment from the Owner's premises and for delivery of same to the Owner's premises at the end of the Hire Period. When the Customer requires the Owner to provide transportation of the Equipment to or from the Site address such transportation shall be at the Customer's expense.
9. The Equipment or any part thereof shall not be removed from the Site of use as designated in this Contract, nor shall the Customer permit the Equipment to be re-hired, sublet, or lent to any third party without the written consent of the Owner. The Customer shall be held responsible for controlling the whereabouts of the Equipment until the Equipment is fully returned into the possession of the Owner.
10. The Customer shall always be acquainted with the location, condition, and care of the Equipment and ensure that it remains safe, serviceable and clean. The Customer shall not use or permit the use of the Equipment for any purpose beyond its design capacity or in a manner likely to result in excessive wear, damage, or destruction. The Customer undertakes to use or permit the use of the Equipment only in accordance with any relevant safety regulations, legislation, and operating instructions supplied or communicated to the Customer at the time of entering into this Contract. The Customer acknowledges that the Customer, his agent, or employee has been instructed in the use of the Equipment, and will pass on such instruction to other intended users of the Equipment.
11. The Customer shall not make or permit any alterations, modifications, repairs or unauthorised attachments to the Equipment. The Customer shall be responsible for ensuring that only such attachments or accessories that are supplied by the Owner shall be used with the Equipment, and that no other unauthorised accessory or attachment is used. In addition, the Customer shall be required to purchase from the Owner, certain non-injurious consumables for use with Hired Equipment that may be specified in the Contract. The Customer is strongly advised only to use such consumables as specified. Accordingly, the Customer shall be entirely responsible for any injury or damage to persons or property arising from the incorrect or unsafe fitting of any unauthorised accessory or attachment or use of a non-approved consumable.
12. The Customer shall at all reasonable times allow the Owner, his agent, employees and Insurers to have access to the Equipment to inspect, test, adjust, repair, or replace the Equipment or part thereof.
13. Any breakdown or unsatisfactory working of the Equipment must be notified to the Owner immediately. The Owner accepts no liability or responsibility for any consequential loss or damage arising from such stoppage due to breakdown of the Equipment by any cause whatsoever. In the event of breakdown in the Equipment that is not readily repairable, the Owner shall provide substitute Equipment of an equivalent or similar type. If the Owner is unable to do so, either all Equipment working or otherwise shall be returned by the Customer and the Hire Contract terminated forthwith, or the Hire Contract charges shall be so amended as to account for the reduced quantity of Equipment. Nothing in this Contract obligates the Owner to provide a repair service at any site other than as stated in the Contract. Any 'On Site' repair or "call-out" shall be the subject of a separate charge to the Customer at the Owner’s current repair service and call-out rates.
14. During the continuance of the Hire Period, the Customer shall be liable to the Owner for the cost of all loss of or damage to the Equipment from any cause whatsoever, except for agreed fair wear and tear. In the event of loss or damage to the Equipment, Rent shall continue to be charged to the Customer until such time and date as the Customer pays in full for the related costs incurred by the Owner in repairing or replacing the Equipment including any associated expenses.
15. The Customer shall always indemnify the Owner in respect of all claims, consequential or otherwise by any person or persons whatsoever for injury to person or property caused by, or in connection with, or arising from, the use of the Equipment, and in respect of any associated costs or charges.
16. The Customer shall be responsible for returning the Equipment on completion of the Hire Period whether extended, in a condition substantially like that as supplied at the commencement of the Hire. The exceptional cleaning of Equipment returned in an unclean condition shall be charged to the Customer. The Customer shall pay to the Owner the current replacement price for all Equipment or part that is not returned to the Owner on completion of the Hire. Such costs may include the replacement of the non-returned Equipment with models of equivalent legal specification.
17. The Owner shall not be obligated to make any refund whatsoever in respect of any unused or surplus consumables, interconnecting or installation cables. The Owner may at his absolute discretion agree to take back such un-used or un-required surplus/material so notified by the Customer.
18. The Customer shall not remove, deface or cover up any nameplate or identification mark or number or warning label on the Equipment, nor shall he put any mark on the Equipment that might indicate or otherwise suggest that the Equipment is not the property of the Owner.
19. The Customer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Equipment except with the written consent of the Owner. The Customer shall protect the Equipment against distress, execution or seizure.
20. Customers who cancel an order prior to delivery shall incur a cancellation charge. The customer shall be charged the full hire charge for cancellations received within one day or less of delivery.
a. This Contract shall fully terminate only when the Owner is in receipt of all hired Equipment, and on receipt of full payment of Rent.
b. Termination of this Contract shall not affect the rights of the Owner to recover from the Customer all moneys due under this Contract or damages for breach of this Contract.
c. Termination of this Contract does not negate any outstanding liability, action, commitment or obligation of either party set out or required during the lifetime of the Contract.
d. The Customer shall be in breach of this Contract if the Customer:
(i) defaults in the payment of any sums due to the Owner for the Hire of Equipment or other contractual charges; or
(ii) fails to observe and perform the terms and conditions of this Contract; or
(iii) suffers any distress or execution to be levied against the Owner or makes or proposes any arrangement with the Owner's creditors or, being a company, goes into liquidation (other than voluntary liquidation); or
(iv) does or cause to be done or permits or suffers any act or thing whereby the Owner's rights in the Equipment may be prejudiced.
e. Where the Customer is in breach of the Contract, the Owner shall if necessary take all lawful action to repossess the Equipment and, for that purpose if obstructed, to legally enter or upon the Site or any premises, or any vehicle, vessel or other means of transport where the Equipment may be in situate. The Customer shall immediately pay the Owner all monies due under this Contract.
f. The waiver by the Owner of any breach of any term or condition of this Contract shall not prevent the subsequent enforcement of that term or condition and shall not be deemed a waiver of any subsequent breach.
g. Where the Customer has paid a deposit, the Owner may retain the whole or part of the deposit for setting off the same against any liability of the Customer under this Contract.