The Equipment Quotation together with the Hire Agreement terms set out the terms upon which we (“EMOCCO LTD”) agree to hire to you (the “Hirer”) the Goods as described.
Under this Agreement the Goods do not become your property and you must not sell them.
Please sign the Equipment Quotation only if you want to be legally bound by its terms.
If you are a corporate body or if the total payments due under this agreement are greater than £5,000 (including vat) this Agreement will not be regulated by the Consumer Credit Act 1974. Any statement in this Agreement or any copy of this Agreement or in any notice we serve on you concerning the Act will not apply.
TERMS AND CONDITIONS OF HIRE
- DEFINITIONS AND INTERPRETATION
- In this Agreement, the following words and expressions shall have the following meanings:-
“Event of Default” any of the events referred to in Clause 12.2;
“Goods” the Equipment, Accessories, and Fittings as specified in the Equipment Quotation to be supplied by EMOCCO LTD which expression shall include all replacements and renewals thereof and all accessories and additions thereto;
“Hirer” the individual, firm of Company hiring the Goods shown as ‘the Customer’ in the Equipment Quotation;
“Minimum Period” the minimum period of time in respect of which hire charges will be payable by the Hirer as specified in the Equipment Quotation;
“Property” the premises at which the Goods are installed as specified in the Equipment Quotation;
“Equipment Quotation” the document detailing the terms for each individual installation
“EMOCCO LTD” of International House, 776-778 Barking Road, London, E13 9PJ, United Kingdom.
- The headings to the paragraphs in these Conditions are for ease of reference only and do not affect their interpretation.
- Subject to any variation under Clause 1.4, this Agreement will be subject to these Conditions to the exclusion of all other terms and conditions (including any terms which the Hirer purports to apply under any purchase order, confirmation of order or any other document).
- No variation to these Conditions shall be binding unless agreed in writing between the parties and signed by or on behalf of a director for the time being of EMOCCO LTD.
- Each order for the Goods by the Hirer shall be deemed to be an offer by the Hirer to the hire the Goods subject to these Conditions. Orders placed by the Hirer’s employees or agents employed by the company will be binding on the Hirer if it is reasonable for EMOCCO LTD to accept that such individuals have the authority to place such orders.
No order placed by the Hirer shall be deemed to be accepted by EMOCCO LTD until a written acknowledgement of order is issued by EMOCCO LTD or (if earlier) EMOCCO LTD delivers the Goods to the Hirer.
- Where the Agreement is a regulated agreement within the meaning of the Consumer Credit Act 1974, the Agreement shall not become binding until signed by an authorised representative of EMOCCO LTD.
- The Hirer agrees to take and EMOCCO LTD agrees to supply the Goods on hire subject to these Conditions and those detailed in the Equipment Quotation.
- HIRE PERIOD
- The hiring of the Goods will commence in the date on which the Goods are delivered to the Hirer or its agents and shall continue from day to day until terminated in accordance with Clause 12 (“the Hire Period”).
- Any dates and times specified by EMOCCO LTD for the delivery of the Goods are intended to be an estimate only.
- Subject to the other provisions of these Conditions, EMOCCO LTD will not be liable for any direct, indirect or consequential loss (which terms shall include without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods for any cause whatsoever.
- If any delay in delivery is caused by the Hirer due to access restrictions to the Property, security or lack of reasonable storage space and less than 2 working days notice has been given to EMOCCO LTD then EMOCCO LTD reserves the right to charge for any costs incurred due to such delay.
- The details of the Goods shall be supplied to the Hirer on or soon after delivery of the Goods. The Hirer and EMOCCO LTD shall be responsible for immediately inspecting the Goods and shall note any defects in fit, finish or performance to specification of the Goods on the Inventory as appropriate.
- The Hirer shall sign and return a copy of the item details to EMOCCO LTD on the day of delivery thereof, which shall constitute evidence of the Hirer’s acceptance of responsibility for the Goods as listed therein. If the Hirer fails to return the Inventory or to raise any queries on the said period, the Goods will be deemed to have been delivered in accordance with the detail.
- ELECTRICAL EQUIPMENT
- EMOCCO LTD will rent the product as detailed in the Equipment Quotation at the Property subject to EMOCCO LTD terms and conditions. The Hirer shall employ at the Hirer’s expense such additional qualified tradesmen as are required necessary to facilitate the installation.
- The Hirer shall notify EMOCCO LTD immediately of any breakdown or unsatisfactory working of the Equipment, whereupon EMOCCO LTD shall arrange for a member of EMOCCO LTD to effect necessary replacement of the Equipment. The Hirer shall not allow anyone except an Approved Engineer to interfere with any of the Equipment or attempt to repair it.
- The member of EMOCCO LTD staff may remove the Equipment from the Property to examine or repair it, in which case EMOCCO LTD will provide the Hirer with a substitute of a similar type.
- EMOCCO LTD accepts no liability for any loss or damage resulting from any breakdown of the Equipment from any cause whatsoever, including without limitation any subscription fees (or similar charges) paid by the Hirer in respect of receipt of Satellite/Cable/Terrestrial broadcasting /Cable/Terrestrial broadcasting (howsoever arising). EMOCCO LTD are not responsible for the replacement and repair of recordable media.
- The Hirer must obtain and keep up to date all licenses, permission or consents that may be required in respect of any Equipment provided. Where applicable the Hirer must obtain any approval for the installation of the Equipment that may be required from any landlord or owner of the Property or their agent.
- Where the Equipment includes any remote control or battery powered devices, the Hirer shall be responsible at his own expense to fit batteries. Any call-out made by the Hirer for attending to battery expiry will be charged at the rate of £50 (fifty pounds) per visit during normal working hours.
- ELECTRICAL EQUIPMENT
- The Hirer shall pay to EMOCCO LTD the commencement of this Agreement the deposit as specified in the Equipment Quotation (“the Deposit”).
- EMOCCO LTD shall hold the deposit throughout the Hire Period and subject to any deductions made pursuant to Clause 6.3, and shall, upon request, repay the Deposit to the Hirer on receipt of all of the Goods by EMOCCO LTD following the termination of this Agreement.
- EMOCCO LTD shall be entitled to retain the whole or part of the Deposit for the purpose of setting off the same against any liability of the Hirer under this Agreement.
- HIRE CHARGES
- For the duration of the Hire Period, the Hirer shall pay to EMOCCO LTD in advance the hire charges as specified in the Equipment Quotation, at such consecutive intervals as are specified in the Equipment Quotation without prior demand by EMOCCO LTD. Time shall be of the essence in respect of all sums due from the Hirer under this Agreement.
- An initial invoice in respect of the hire charges for the first period’s hire charges together with the Deposit and/or any agreed delivery and collection charges will be raised and shall be payable by the Hirer prior to delivery of the Goods. EMOCCO LTD shall not be obliged to make any delivery of the Goods until these have been paid in full. Invoices for subsequent hire periods as detailed in the Equipment Quotation will be raised prior to the start of the subsequent hire period and are due and payable on invoice.
- On expiry of the Minimum Period, invoices in respect of the subsequent hire charges will be raised prior to the start of the subsequent hire period and are due and payable on invoice. Any queries relating to invoices must be raised by the Hirer within ten days of receipt of invoice and if no query is raised within such period, the Hirer shall be deemed to have accepted such invoice.
- Should the Hirer require removal of part of the Goods prior to the expiry of the Minimum Period, the full amount of the hire charges as detailed in the Equipment Quotation shall remain payable in respect of such period.
- EMOCCO LTD shall be entitled to charge interest on all sums which are overdue for payment at the rate of 4% per annum above the base rate of the Bank England from time to time accruing on a daily basis until payment is received in full in cleared funds, whether before or after judgement.
- The Hirer shall make all payments due under this Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
- Payment is accepted online payment using a website portal. All payments made direct to our bank account should be made out to:
or to such other account as EMOCCO LTD may notify to the Hirer in writing from time to time.
- EMOCCO LTD reserves the right to require that the Hirer provides a bond, guarantee or other such instrument of security in respect of Hirer’s payment obligations under this Agreement.
- All hire charges are exclusive of any value added tax, for which the Hirer shall be additionally liable and the applicable rate from time to time.
- DUTIES OF THE HIRER
- The Hirer shall during the continuance of this Agreement:-
- take reasonable care of the Goods and use them for their proper purpose and where relevant, in accordance with the manufacturers recommendations and instructions;
- take such steps as are necessary to ensure the Goods are kept safe and not exposed to risk or damage;
- not, in the opinion of EMOCCO LTD, to jeopardise the Goods or to permit them to be placed in jeopardy;
- maintain the Goods in good and substantial repair and condition (fair wear and tear excepted);
- keep the Goods in his possession or control at the Property and not to move the Goods from the Property without the prior consent of EMOCCO LTD;
- not alter the Goods in any way or seek to make repairs or to reconfigure or modify the layout of the Goods without the previous written consent of EMOCCO LTD;
- not re-hire, sell, mortgage, pledge, underlet, lend or otherwise deal with the possession of the Goods or any part thereof without the previous consent in writing of EMOCCO LTD;
- permit EMOCCO LTD its servants and agents subject to reasonable notice to have access to the Goods for the purposes of inspection or repair at all reasonable times;
- notify EMOCCO LTD immediately of any material loss of or damage to the Goods
- yield up the Goods to EMOCCO LTD on the termination of this Agreement in a condition equal to that as at the commencement of the hire (fair wear and tear excepted).
- During the Hire Period, the Goods will be at the entire risk of the Hirer and the Hirer shall be liable to EMOCCO LTD for any and all loss or damage to the Goods or any part thereof from any cause whatsoever (fair wear and tear expected) subject to clause 9.
- The Hirer shall indemnify EMOCCO LTD in respect of:
- all and any third party claims in connection with or arising out of the use or possession of the Goods by the Hirer together with all costs and expenses relating thereto;
- all loss or damage to the Goods which may occur during the Hire Period (fair wear and tear excepted) subject to Clause 9.1.3.
- The Hirer is not required to insure the Goods against loss or damage for the following perils: fire, lightening, explosion, storm, flood, escape of water from any tank, apparatus or pipe, impact or theft. Loss from theft requires evidence of there being forcible and violent entry/exit. Theft by collusion and accidental damage is specifically excluded.
- The Hirer shall notify EMOCCO LTD immediately of any loss or damage to the Goods as a result of an event listed above and EMOCCO LTD will replace any damaged goods on a like for like basis within 5 working days and will be charged in accordance to the Damage Policy.
- The obligations of the Hirer under this Clause 9 shall survive the termination of this Agreement
- WARRANTIES AND LIABILITY
- The Hirer acknowledges that EMOCCO LTD is not the manufacturer of the Goods and that accordingly EMOCCO LTD gives no warranty or guarantee as to the quality of the Goods, their fitness for purpose or otherwise. EMOCCO LTD shall, where possible assign to the Hirer the benefit of any warranty or guarantee given by the manufacturer or supplier of the Goods to EMOCCO LTD.
- EMOCCO LTD warrants that:
- it is the beneficial owner of the Goods and has the authority to enter into this Agreement in respect of the Goods; and
- unless identified specifically as being of a Contract standard, all Goods comply with the current Regulations for Domestic use only.
- Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
- The following provisions set out the entire liability of EMOCCO LTD (including any liability for the acts and omissions of its employees agents or sub-contractors) to the Hirer in respect of:
- any breach of its contractual obligations arising under this Agreement; and
- any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
- The Supplier's liability to the Client for:
- death or injury or liability therefore resulting from the Supplier's own or its employees', agents' or sub-contractors' negligence; and
- all damage or liability incurred by the Client as a result of any fraudulent misrepresentation by the Supplier shall not be limited by any provision of these Conditions.
- Subject to the provisions of Clause 10.4 above EMOCCO LTD’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the aggregate of the charges paid by the Hirer under this Agreement.
- Subject to Clause 10.4 above EMOCCO LTD shall not be liable to the Hirer in respect of any Event of Default for any type of:-
- special, indirect or consequential loss (even if such loss was reasonably foreseeable or EMOCCO LTD had been advised of the possibility of the Hirer incurring the same);
- loss of profit; and/or
- loss of business and/or goods; and/or
- loss of contract; and/or
- loss of goodwill; and/or
- loss of use; and/or
- any damage relating to the procurement by the Hirer of any substitute services.
- The Goods shall at all times remain the property of EMOCCO LTD and the Hirer shall have no rights to the Goods other than as hirer and the Hirer shall not do or permit to be done any matter or thing whereby the rights of EMOCCO LTD in respect of the Goods are or may be prejudicially affected.
- The Hirer may terminate the Hire at any time by giving no less than one months’ notice in writing to EMOCCO LTD.
- EMOCCO LTD may determine the Hire:
- on giving one month’s notice in writing to the Hirer at any time after the expiry of the Minimum Period; or
- at any time without notice if:
- the Hirer defaults in the payment of the hire charges or any other sums due to EMOCCO LTD under this Agreement;
- the Hirer fails to observe and perform the terms and conditions of this Agreement;
- on the making of a receiving or administration order against the Hirer or on the calling of a meeting of the Hirer’s creditors executing any assignment of assets for their benefit or in the event that the Hirer ceases to trade
- upon the Hirer going into liquidation whether voluntary or compulsory except for the purpose of reconstruction or amalgamation, or suffering a receiver to be appointed over any of the Hirer’s assets.
- upon any distress or execution being levied against the Hirer.
- If the Hire is terminated for any reason prior to the expiry of the Minimum Period the Hirer shall, subject to Clauses 12.4 , remain liable for the whole of hire charges payable for the duration of the Minimum Period, notwithstanding early termination.
- If on termination of this Agreement the Hire Period exceeds the Minimum Period, the Hirer will be liable to pay to EMOCCO LTD hire charges calculated up to and including to the later of the:
- the recovery of the Goods by EMOCCO LTD; or
- the date of termination or the date upon which any period of notice of termination shall expire.
- On termination of this Agreement pursuant to Clause 12, the Hirer shall no longer be in possession of the Goods with the consent of EMOCCO LTD and shall forthwith make the Goods available for collection by EMOCCO LTD. Without prejudice to any other rights of EMOCCO LTD hereunder, EMOCCO LTD or its authorised representatives may retake possession of the Goods and for this purpose may enter upon any premises where the Goods are kept
- The Hirer shall be responsible for all reasonable expenses incurred by or on behalf of EMOCCO LTD in ascertaining the whereabouts of or repossessing the Goods, and of any legal proceedings taken by or on behalf of EMOCCO LTD to enforce the provisions of this Agreement.
- The termination of this Agreement pursuant to this Clause 12 shall not affect the right of EMOCCO LTD to recover from the Hirer any sums due under this Agreement or damages for any breach thereof.
- It is expressly required, given the sharing of data, expertise, ‘know-how’ and information is an investment between the parties to this Agreement and that a strict code of confidentiality must be maintained. EMOCCO LTD undertake that it shall not divulge any information in respect of the Hirer’s business including that information within the terms of this Agreement. Similarly it is a requirement of EMOCCO LTD that the Hirer may not share with or disclose to any other parties any information in respect of this Agreement.
- A notice required or permitted to be given by either party to the other under this Agreement shall be in writing, and addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- This Agreement is personal to the Hirer who shall not assign his rights or obligations hereunder without the prior consent of EMOCCO LTD.
- If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- The parties to this Agreement do not intend that any terms of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- This Agreement shall in all respects be governed by English law and the parties agree to submit any dispute or claim under it to the exclusive jurisdiction of the English Courts.