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1. DEFINITIONS
In these terms and conditions the following words shall have the following meanings herein ascribed to them. 'The Company' shall mean Central AV whose registered office is situated at London BIC Innova Science Park, Enfield EN3 7XU
'The Customer' shall mean any party with whom the Company enters into a Contract.
'The Contract' shall mean the contract entered into between the Company and the Customer of which these terms and conditions shall form part. 'Equipment' shall mean the subject matter of the Contract or (as the case may be) any part thereof together with all packaging materials in respect thereof.
1) 'Month' means a calendar month.
2) 'Week' means any period of seven consecutive days.
3) '3 Days' means any period of three consecutive days.
4)'One Day' means any period of 24 consecutive hours.
2. ACCEPTANCE AND RESPONSIBILITY
1) Acceptance by the Company of any offer for rental of Equipment is subject to these terms and conditions and they may not be varied save by agreement in writing by the Company.
2) The Customer accepts responsibility for:
a) The selection of all Equipment.
b) All Equipment during the period of rental as defined in Clause 4.
3. RENTAL CHARGES
1) The Equipment will be charged at the Company's rental rates subsisting at the date of the Contract or as varied on notice. Part of a week will be charged at a rate equal to a full week's rental. Part of a month will be charged at a rate equal to a full month's rental.
2) The Company reserves the right to alter its rental rates for the Equipment on hire from time to time, subject to giving the Customer not less than 2 weeks notice in writing of such alteration.
3A. FREE VIDEO CONFERENCE OFFER
1) No charge will be incurred for the loan of agreed video conferencing equipment unless the customer is in breech of the terms and conditions set out in this document, however the customer may be asked to pay delivery and collection charges.
a) In the event of a breech of terms and conditions charges and or fees will be levied as set out in this document.
b) The customer is responsible for providing adequate network infrastructure to facilitate video conferencing
c) The customer must return all the companies equipment to arrive at the company address no later than the agreed date at the end of the loan period and in accordance with 6.0, 6.1, 6.2, 6.3
d)The customer has no obligation to purchase video conferencing equipment at the end of the free trial period
e) The customer is entitled to hire a second video conferencing system at the standard charge unless otherwise agreed in writing by the company.
f)This offer is limited to Limited, Public and private Limited companies registered in the United Kingdom.
g)The offer is subject to status references may be taken from credit reference agencies.
h) Video Conferences must be booked inadvanced with written confirmation from both far and local sites.
4. RENTAL PERIOD
1) Subject to the provisions of Clause 4.2 the rental period shall be either:
a) one day or the period referred to in the Contract (being a whole multiple of a day): or
b) one week or the period referred to in the Contract (being a whole multiple of a week): or
c) one month or the period referred to in the contract (being a whole multiple of a month). Upon making the offer for rental, the customer shall indicate in writing whether the rental period shall be on a daily, weekly or monthly basis. If no notification is given, daily terms shall apply.
2) THE RENTAL PERIOD WILL COMMENCE FROM THE TIME THE EQUIPMENT IS DELIVERED TO THE CUSTOMER AND WILL CONTINUE (UNLESS OTHERWISE AGREED IN WRITING) UNTIL THE DAY ON WHICH THE EQUIPMENT IS RETURNED TO THE COMPANY'S PREMISES.
3) If the Customer fails to return the Equipment to the Company's premises on or prior to the last day of the rental period referred to in the Contract or pursuant to terms agreed between the Company and the Customer the Contract shall be deemed to have been extended upon similar terms as to payment to those subsisting immediately prior to its extension and the Contract shall subsist until the Equipment is returned to the Company's premises.
5. PAYMENT TERMS
Payment of all invoiced charges is strictly net monthly from date of invoice. If the Customer defaults in making any such payment, then without prejudice to any other rights of the Company shall be entitled to charge interest on the amount of any outstanding payment from the date of invoice to the date of payment thereof at the rate of 3% over the current base rate.
6. TRANSPORTATION AND PACKAGING
Delivery of Equipment
1) The Company shall determine the method of transport after consulting the Customer. The Customer will agree to the method of delivery when placing an order.
Return of Equipment
2) The Customer will be responsible for all transportation expenses including delivery and return of Equipment whether effected by the Customer or the Company.
Packaging
3) Packaging materials are chargeable in full, if not returned to the Company upon expiration of the Contract.
7. ACCEPTANCE OF EQUIPMENT
1) Acceptance by the Customer of delivery of the Equipment shall be evidence that the Equipment has been delivered in accordance with the Contract. The Customer shall test the Equipment within 24 hours of the delivery and in the event of the Equipment being faulty or not in accordance with the Contract, the Customer shall forthwith notify the Company by either fax or telephone and give the Company details of the fault or deviation of the Contract terms. The Company will then inform the Customer of remedial action the Company will take.
2) For Equipment collected from the Company by the Customer, responsibility for the safekeeping of the Equipment shall pass to the Customer or his agent immediately upon the Customer or his agent signing a receipt for the Equipment.
8. LOSS OR DAMAGE
Upon the occurrence of any loss or damage to the Equipment the Customer shall forthwith notify the Company by either fax or telephone and, if notified by telephone, shall confirm the same in writing. The Customer shall, on written demand by the Company, pay to the Company the full cost of replacement or repair of the Equipment within 30 days after the date of such demand. In the event of loss or damage, the rental charge shall continue to be paid. On receipt of payment for the full cost of replacement or repair the Company will replace or repair the Equipment as the case may be.
9. WARRANTY
The Company hereby warrants to the Customer that at the commencement of the rental period the Equipment complies with its manufacturer's description. The benefit of this warranty may not be assigned by the Customer to any other party.
10. USAGE OF EQUIPMENT
THE CUSTOMER WILL IN ITS USE OF THE EQUIPMENT OBSERVE ALL THE MANUFACTURER'S AND WHERE APPROPRIATE, THE COMPANY'S INSTRUCTIONS AND OTHER REGULATIONS BOTH STATUTORY OR OTHERWISE THAT MAY BE ISSUED OR MAY BE ENFORCED FOR THE PROPER USE THEREOF AND SHALL BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE EQUIPMENT THROUGH FAILURE TO OBSERVE SUCH INSTRUCTIONS OR REGULATIONS OR FAILURE TO USE THE EQUIPMENT IN A PROPER MANNER.
11. LIABILITY AND INDEMNITY
1) The Customer shall be responsible for and hold the Company fully indemnified against any claim for loss, damage, injury or death to any company, firm or person arising in connection with the use by the Customer of the Equipment provided that such indemnity shall not extend to any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
2) Any damages to which the customer may become entitled in any claim against the Company in any action whatsoever arising out of the Customer's use of the Equipment or pursuant to the Contract shall be limited in amount to the amount of the rental payments paid by the Customer for the equipment to the Company as at the date on which the damages occurred.
3) Save as provided herein or by the provisions of Section 55 of the Sale of Goods Act 1979 all guarantees, warranties, conditions or liabilities whatsoever whether expressed or implied by statute common law or otherwise are hereby excluded.
12. OWNERSHIP
The Equipment shall remain at all times the property of the Company and the Customer acknowledges that the Equipment is supplied to the Customer on a rental basis only.
13. DELIVERY & COLLECTION DATES
a) Delivery dates are quoted without any liability to the Company and in respect of any such dates time shall not be of essence of the Contract, although every endeavour will be made to adhere to them. In no circumstances will the Company be liable for delay in delivery of Equipment arising from any cause whatsoever.
b) Collection dates are quoted without any liability to the Company and in respect of any such dates, time shall not be of essence of the Contract, although every endeavour will be made to adhere to them. Any such delay in collection by fault of the Company will not result in further rental charges to the Customer.
c) The Equipment remains the responsibility of the Customer until such time where The Equipment is collected by The Company, or delivered by The Client or Their Agent to The Company’s premises as agreed in writing by The Company.
14. VAT
Unless expressly stated All Rental charges are exclusive of VAT, which will be charged at the rate applicable at the relevant tax point date.
15. MAINTENANCE
1) The Company shall, at its expense, provide maintenance of and/or recalibration for the Equipment and shall either repair or replace Equipment which becomes defective during the subsistence of the Contract through no fault of the Customer.
2) If the Equipment does not operate properly, the Customer shall notify the Company and request instructions before taking any remedial action or returning the same to the Company.
3) In the event of the Equipment requiring repair or recalibration as a result of Customer negligence, misuse or abuse then the Customer shall bear the cost of any such repair and/or recalibration.
4) Where Equipment needs maintenance and/or recalibration other than in circumstances referred to in Clause 15.3, rental charges will be credited to the account of the Customer for the period the Equipment is not in use.
16. CUSTOMER'S OBLIGATION
During the subsistence of the Contract, the Customer shall:
a) keep the Equipment in the Customer's possession and under the physical control of the Customer at the address notified to the Company at the time of order.
b) not keep the Equipment at any address or move the Equipment in any manner except as authorised in writing by the Company, and, if so authorised, shall forthwith give written notification of the change of address or relocation to the Company.
c) keep the Equipment in good condition and not subject the same to any misuse (including but not limited to use conflicting with the recommendations of manufacturers' of the Equipment) or unfair wear and tear and to use the same in a proper manner;
d) permit the Company and its authorised agents at all reasonable times; to enter upon any premises (or vehicle) where the Equipment may be located for the purpose of inspecting, maintaining, repairing testing or as appropriate repossessing the same;
e) repay to the Company on demand all costs charges and expenses incurred in any way by reason of any breach of the Contract or other obligation of the Customer;
f) preserve the Company's and/or manufacturer's identification number and/or mark and/or nameplate affixed to the Equipment either by the Company and/or by the manufacturer;
g) maintain comprehensive insurance on the Equipment in its full reinstatement value with a reputable insurance company approved in writing by the Company for loss or damage by any cause whatsoever until the said Equipment is received at the Company's premises and signed for on behalf of the Company or, if the Company so agrees the Company will effect insurance for the Equipment at 12% of the total cost of rental which will be charged to the Customer and the Customer shall pay for such insurance.
h) in the event of the Company arranged insurance cover, the Customer will cover any excess payable under such Insurance Policy.
I) in the event of any loss or damage to the equipment under the contract, the customer shall be liable for all rental payments and carriage charges until the Company receives full payment in the respect of the loss or damage;
j) the Customer shall forthwith upon the Company requesting the same produce to the Company evidence of any insurance which the customer is obliged to effect pursuant to the contract;
k) if the Company has not agreed to insure the Equipment under the provisions of paragraph (g) of this Clause and the Customer fails to effect the insurance as aforesaid or if the Customer shall fail to produce any such evidence of insurance, the Company shall without prejudice to its rights in respect of any such breach be entitled, but not obliged, at the expense of the Customer to insure the Equipment together with such other risks in relation to the Equipment which the Company shall in its absolute discretion consider appropriate and keep them so insured during the subsistence of the Contract and the Customer will pay to the company on demand any sums expended by the Company for such purpose;
l) not sell, assign, sublet or transfer the Equipment or the benefit of the Contract in whole or in part;
m) not make any alterations, modifications or adjustments or attempt any repairs to the Equipment without the prior written consent of the Company.
17. PATENTS AND COPYRIGHT
Equipment may be the subject of patent rights and/or other legal protection.
18. CANCELLATION
1) In the event of The Customer cancelling a booking, The Customer shall be liable for a percentage of the total rental fee stated on each rental agreement, as follows:
a) Cancellation within 24 hours of commencement of Rental Period – 50%
b) Cancellation within 2 weeks of commencement of Rental Period – 25%
c) Cancellation more than 2 weeks of commencement of Rental Period – 0%
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