Terms and Conditions

1 Application

These conditions shall apply to all contracts entered into with Thermac (Hire) Ltd., hereinafter called "The Company". These conditions shall override any terms or conditions sought to be imposed by the "Hirer"/Customer. The contract will be deemed to be made in England and shall be governed and construed for all purposes and in all respects in accordance with English Law.

2 Period of Hire

The period of hire commences on the date the equipment leaves our premises and ceases when an off hire number has been given by The Company. The minimum hire period for all plant is three working days. Subsequent hire days will be charged at 1/7th of the weekly rate.

3 Payment

Unless otherwise agreed in writing by an authorised representative of The Company, the invoice amount shall be paid in full by the Hirer, to The Company within 30 days of the date of the invoice. No discount of any kind may be deducted without prior written agreement.

4 Overdue Accounts

Any account outstanding beyond our credit terms will be passed out of our hands for collection via a debt recovery agent. You will also be charged reasonable costs in recovering money or goods from you. If you default in any payment we may in addition withhold or withdraw credit facilities and/or any other preferential terms that may be in operation. We reserve the right to collect any goods, at any time, that are on hire to you if your account is overdue. In such a situation the Hirer must inform The Company of the location of The Company's equipment. Interest at an annual rate of 4% above the UK Base Rate as quoted by HSBC Bank Plc ruling at the time the account exceeds the payment terms stated on the invoice. In addition you will be responsible for any legal costs incurred by us in recovering the whole debt outstanding.

5 Title of Goods

All hire goods remain the property of The Company. For all sale goods, title will only be given once full payment has been received.

6 Complaints

Shortage or damage on delivery must be reported within 24 hours of receipt of goods. Any complaints by the customer relating to an invoice must be notified to us in writing within 14 days of the date of the invoice.

7 Condition of Plant

1. Unless The Company receives notification to the contrary within 24 hours all Plant will be deemed to have been delivered to the Hirer in good working order and to the Hirer's satisfaction.
2. It is the Hirer's responsibility to satisfy himself that the equipment is in a satisfactory clean and working condition, and is suitable for the purpose for which it is intended. Any advice given or offered by The Company to its employees is made in good faith but strictly without responsibility on the part of the owner to its employees.
3. Whilst The Company will ensure that any gas or electrical systems are in safe working order prior to despatch, it is the Hirer's responsibility to ensure that these gas or electrical systems are still in safe working order prior to use, and that any connections are undertaken by a competent person.
4. It is the Hirer's responsibility to ensure that the Plant is not taken into the contaminated area, and that all Plant returned to The Company must be clear of all contaminants, cleaned and in the condition supplied by The Company. We will not accept any Plant returned to The Company that we consider may be contaminated, and hire charges will continue until such time as the Plant is returned in a clean condition.

8 Care, Maintenance and Handling

The Hirer shall be responsible for keeping the Plant clean and maintaining it in good condition. The Hirer shall keep the Plant safe from damage and shall keep it in his possession throughout the period of hire. The Hirer shall not cause the Plant to be used for any purpose beyond its capacity or in a manner likely to result in undue deterioration. The Hirer shall ensure that everyone using the equipment is trained and is competent to use the equipment. The Hirer shall keep himself acquainted with the condition of the Plant and shall not keep it in use after it has become defective, damaged, or in a dangerous state. Should breakdown or damage occur to Plant that is attributable to a failure to observe the damage, however occurring, or to misuse of the Plant, the Hirer shall be liable to The Company for the following:

1. For the cost of all necessary repairs
2. For The Company's lost hire charges while the Plant is idle due to the breakdown or damage, and while repairs are being carried out
3. For the cost of cleaning if Plant is returned in a dirty condition
4. The Hirer shall be responsible for the changing of Pre-Filters to ensure correct maintenance of Plant
5. The Hirer shall be responsible for the replacement costs of providing new HEPA filters due to the following:
1. the filter has been blocked by the use of unapproved smoke tests
2. the filter has been damaged
3. the filter needs to be
changed for operational reasons, and not because the maximum life of the filter has been reached
4. Pre-filters and/or intermediate filters have been removed by the Hirer during the hire period
5. Electrical equipment must be connected to the correct supply. Any damage caused by incorrect or insufficient voltage will be charged for separately. All electrical connections should comply with the relevant current Electricity at Work Regulations
6. No alterations, in any way, are authorised to any of our Plant.

9 Breakdown

Any breakdown or unsatisfactory working of equipment shall be immediately notified to The Company. Under no circumstance shall the Hirer repair or attempt to repair the equipment unless authorised by the owner. The Company undertakes to deal with all necessary repairs as quickly as is reasonably possible.

10 Consequential Loss

The Company accepts no liability or responsibility for any consequential loss or damage, due to, or arising from breakdown or stoppage of the equipment through any cause whatsoever of The Company's inability to supply. The Company shall not in any event be under liability to the consequential loss whether direct or indirect and however arising. a) All times quoted for delivery or collection of the Plant are approximate b) We will not be liable for any delays in delivery or collection of goods, howsoever caused.

11 Indemnity

The Hirer shall fully and completely indemnify The Company in respect of all claims by any person whatever for injury, loss or damage to person or property caused by or in connection with or arising out of use of the equipment and in respect of all costs and charges in connection herewith whether arising under Statute or Common Law.

12 Insurance

The Hirer shall be responsible for insuring Plant against all risks devolving on him either by law or under this agreement.

13 Accidents

If any Plant is involved in any accidents resulting in injury or damage to property, immediate notice, confirmed in writing, shall be given to The Company by the Hirer.

14 Force Majeure

The Company shall not be under any liability for any consequences or dealing or failure in carrying out the contracts caused by Force Majeure or circumstances outside the direct control of The Company.

15 Carriage

Delivery and collection charges are extra to the standard rates, and will be charged at the rate applicable at the time. Should any delivery or collection be undertaken by The Company and subsequently aborted by the Hirer, the relevant charges will be made and are payable.

16 Value Added Tax

Value Added Tax shall be charged at the appropriate rate and all prices quoted are deemed to be exclusive of Value Added Tax.