Accudata Limited – Terms & Conditions of Hire
1 Hire Charges:
Hire charges shall be at the rates current at the commencement of the Hire period.
2 The Hire Period:
At the end of the Hire period it is the client’s responsibility to inform the owners of the termination
of the Hire by telephone 01773 512333, e-mail firstname.lastname@example.org or web www.accudataltd.co.uk .
3 Beginning and End of Hire:
Hire begins on the day the equipment is collected by the client from the owner’s premises or the
day following despatch from the owner’s premises and continues until the day the equipment is
returned to the owner’s premises. It is the client’s responsibility to inform the owners of intentions
to terminate the Hire period. Where the client orders using our on-line shop facility a recurring
weekly payment is in place until the client notifies the owner of their intention to terminate the Hire
4 Delivery and Collection Charges:
In addition to the Hire charge, separate charges may be made for delivery and collection of the
equipment. When the client requests collection from their premises, the return carriage cost will
be passed on to the client, otherwise the client will be responsible for the return of the equipment
by their own transport or carrier.
All packaging materials are chargeable if not returned, or returned damaged at termination of the
No equipment may be taken overseas unless the owner is given prior agreement in writing. It is
the clients responsibility to arrange and pay for delivery and return of the equipment and to obtain
appropriate insurance cover based on the full replacement value of the said equipment. In
addition, the client shall continue to pay Hire charges at the standard rate to cover the period of
any and all delays which may occur during transit for whatever cause, in accordance with clause
5 Acceptance Conditions:
Acceptance of delivery of the equipment by the client or his agent will be conclusive evidence that
the said equipment has been examined and found to be complete and in good working condition.
Any claim for damages by the client against the owners arising out of the clients use of the
equipment shall, subject to the owners admitting liability or being found liable for such damages,
be limited in amount to the total amount of the Hire payments paid by the client for the equipment
to the owners as at the date of the owners receiving notification of any such claim. The client shall
be solely responsible for and hold the owners indemnified against any loss or damage.
7 Clients Obligations:
The client agrees with the owners during the continuance of the contract of Hire as follows:[a] To keep the equipment at the delivery address and in the clients own possession unless
otherwise agreed in writing by the owner.[b] Not to allow the said equipment to be transferred to any country prohibited by the Department
of Trade and Industry.[c] To permit the owners, or their authorised representatives, at all reasonable times to enter the
premises where the equipment is kept to inspect, maintain, repair and test the same.[d] To repay the owners on demand all costs, charges and expenses incurred in any way by
reason of any breach of these terms and conditions by the client including, but not by way of
limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the
equipment.[e] To keep the equipment in good condition and not subject it to any misuse or wear and tear
over and above that consistent with normal and reasonable use as defined by the owners
recommendations.[f] To preserve the owners and manufacturers identification numbers or marks or any nameplate
that there should be upon the said equipment.[g] To assume upon receipt of the equipment until returned to the owners, or the owners
appointed agent, the entire risk of loss or damage to the equipment from any occurrence
whatsoever. The client undertakes to arrange, at its own expense, appropriate insurance cover
with an approved insurance company.[h] To notify the owners in writing immediately of any loss or damage to the equipment and on
demand to reimburse the owners in respect thereof within 30 days of the occurrence. The owners
shall continue to charge the client the full hire cost of the equipment until such payment is
received. The client shall be liable for the full cost of replacing the equipment.[i] Not to sell, assign, let on hire or transfer the benefit of the hire contract in whole or in part or to
part with possession of the said equipment or any part of it at any time during the hire period.[j] Not to make any alterations, modifications, or adjustments or attempt any repairs to the
equipment.[k] In the event of any breakdown or alleged defect in the equipment the client shall give written
notice to the Owners within 24 hours of the discovery of the alleged defect specifying the nature
of the defect and shall make no further use of the equipment alleged to be defective after the time
at which the client discovers that it is defective.
8 Owners Obligations:
The owners will maintain the said equipment at no cost to the client and will provide such service
at the owners premises during normal business hours save that the client will be liable for the
cost of any repairs necessary as a result of a breach 7[j]. In the event of failure of any item of
equipment during the hire period, the owners shall use their best endeavors to supply free of
charge an identical or similar item of equipment within 24 hours of notification.
9 Conditions of Use:
The client will in its use of the said equipment, observe all the manufacturers instructions and
other regulations that may be issued for the proper use thereof and shall be entirely responsible
for any damage caused to the said equipment through failure to observe such instructions or
regulations or failure to use the same in a proper manner. The client will also take all reasonable
and practical steps to ensure its use of the said equipment conforms with the terms and
conditions laid down in the Health and Safety at Work etc. Act 1974 [in particular section 2[b] and 2[c] thereof] or any subsequent governing legislation.
10 Payment Terms:
All hire charges, including delivery charges, are payable within 30 days of the invoice and interest
may be charged on overdue accounts at 2% over Barclays Bank base rate.
When ordering via our on-line shop payment will be taken in advance for the first weeks hire and
a recurring payment is in place until the client informs the owner of their wish to terminate the Hire
All reasonable endeavors will be made to deliver the goods at the time and place required by the
client but no liability is accepted for any consequential loss arising from any failure so to deliver.
Late delivery shall not entitle the client to refuse to accept the goods.
The equipment is and shall remain the sole property of the owners.
If the client shall default in making any payment for any period in excess of 30 days or if the client
is in breach of these hire conditions then the owners shall be entitled to terminate this agreement
forthwith and enter upon the clients premises and to remove the equipment without notice to the
client. The owner is hereby indemnified by the client in respect of all and any damage or loss to
the client or any third party resulting from the exercise by the owners of its rights herein reserved.
This shall include the owners recovering all amounts outstanding and payable as a result of such
The owners hereby warrant to the client that at the commencement of the hire period, the
equipment complies with the manufacturer’s description. The owners shall not be responsible for
any delays or failures in delivery of equipment or in making repairs, re-calibration or replacement
due to unavailability of parts or labour, strikes, delays in transportation or other causes beyond its
reasonable control. The forgoing warranty shall not apply to any damage to equipment caused by
accident, misuse or abuse. The owners do not warrant the merchantability of the equipment or its
fitness or suitability for any particular purpose or use.
Whilst application advice may be given no responsibility is accepted for incorrect results due to
circumstances external to the equipment rented.
16 Software: The following shall apply where software is supplied with the equipment:-[a] The title to all software including programs and documentation furnished by the owner shall be
retained by the original manufacturer.[b] The client is supplied the use of the software only for the hire term and the software shall be
used only on the specific equipment with which it was supplied.[c] Upon termination of the hire as defined in clause 3 above, the client shall return to the owners
the original owners supplied machine readable software, all copies thereof and all printed
materials furnished with such software.
All prices quoted are exclusive of VAT which will be charged at the prevailing rate at the
relevant tax point date.
18 Governing Law:
Any contract between the client and the owners shall be governed by and
construed in accordance with the Laws of
England and the client agree to be subjected to the jurisdiction of the English Courts.
19 We require payment to terms.
Payment must be made on time, in full, and without any
deduction, set off or counter claim. In the event that an account is outstanding, we will refer the
matter to our debt collection agents that will incur costs and any costs incurred to collect the debt
will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable
to pay us that surcharge, and that payment of the same can be enforced against you in court.
You also agree to pay interest at the relevant reference rate provided for under the Late Payment
of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any
judgement of the court and continues to accrue.