TERMS AND CONDITIONS
Definitions: The contract is for the hire of items and accessories (“Equipment”) and the sale of “Resale” goods (“Goods”) detailed overleaf, and the parties to the Contract are:
The Person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
Scottish Location Services is a trading name of Location Services (Scotland) Ltd Registered No: 316874775 with registered office at Powhillock, 1 Hunter Street, Auchterarder, PH3 1PA (“THE COMPANY”).
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
Extent of Contract and Cancellation: The contract is not assignable and is effective when THE COMPANY accepts the Hirer’s detailed order. THE COMPANY 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 without effecting 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.
Ownership of Equipment and Goods: Equipment hired remains the property of THE COMPANY at all times. Ownership of Goods purchased transfers only when full payment is received by THE COMPANY.
THE COMPANY Cross Hire Conditions: When THE COMPANY 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.
Basis of charging: The stated hire charges overleaf 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 Scottish Location Services catalogue price list from time to time.
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.
Deposits: Deposits are set by THE COMPANY 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 THE COMPANY of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
Credit Card Deposits: In the event that the actual charges for the hire supplied by THE COMPANY exceed the amount charged then this additional amount may be taken from the Credit Card.
Cleaning, re-sharpening and damage repair: The Hirer will pay for required cleaning or re-sharpening and, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
Loss of Equipment: THE COMPANY 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.
Payment Terms: If THE COMPANY has granted a credit amount 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 this invoice, Where a credit account has not been granted then payment of any charges or any other sums due under (the) (this) Contract shall be made with the Hire’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 THE COMPANY has received cleared funds or cash.
Invoice Queries: The Hirer should notify THE COMPANY of any queries concerning invoices in writing within 14 days have elapsed of the invoice date. Scottish Location Services will not grant an extension to credit amount payment for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
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 Scottish Location Services in the recovery of the amounts due, Equipment and/or Goods. In addition Scottish Location Services may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of Scotland Base Rate Plus 4% and/or may suspend further services to the Hirer.
Credit Limits: Where THE COMPANY has granted a credit account to the Hirer, Scottish Location Services may set a reasonable credit limit. Scottish Location Services 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.
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 THE COMPANY immediately by telephone.
Delivery/collection of Equipment: The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
Security of Equipment: The Hirer accepts responsibility for the Equipment security until its collection by return to THE COMPANY and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
Safe use of Equipment and breakdown procedure: The Hirer is responsible for the safe and correct operation of Equipment 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 THE COMPANY of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-THE COMPANY Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
Lost or stolen Equipment: 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 THE COMPANY any insurance claim proceeds. The liability is without prejudice to any THE COMPANY rights under the Contract. Replacement Equipment purchased with insurance claim proceeds is the property of THE COMPANY.
Fuel and/or Electricity Supply for Equipment: Where Equipment requires fuel, oil and/or electricity, the Hirer must ensure that THE COMPANY or manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.
THE COMPANY’S RESPONSIBILITIES
Hire rates: THE COMPANY will maintain the agreed hire rates for the duration of the Contract.
Testing and inspection of Equipment: THE COMPANY 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 THE COMPANY will substitute items of similar specification.
Delivery and Collection: Following the Hirer’s request, THE COMPANY will endeavour to deliver or collect Equipment during the same or next business day, wherever possible.
Limitation of liability:
The liability of THE COMPANY for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above THE COMPANY will be liable for negligence or error in the performance of its obligations under the Contract.