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CONDITIONS OF HIRE
1.0 DEFINITIONS
1.1 ‘Contract’ shall mean the agreement
between CCS & the Customer named on the Hire Agreement
1.2 ‘Equipment’ shall mean the mobile phone equipment and associated
accessories detailed on the Hire Agreement
1.3 ‘Charges’ shall mean the charges detailed on the Hire Agreement
1.4 ‘CCS’ shall mean Complete Cellular Solutions of 32 – 33a Greenwich
Market, London, SE10 9HZ.
2.0 AGREEMENT
2.1 CCS agree to let the Equipment on
the terms and conditions set out in this Agreement if the order
is received by email / fax or post.
3.0 ACCEPTANCE OF THE EQUIPMENT
3.1 The Customer’s acceptance of the
Equipment shall be conclusive evidence that the Customer has first
examined the Equipment and found it to be complete, in good working
order and fit for the purpose for which it is hired
3.2 Signing the Agreement overleaf confirms the customer’s acceptance
of the detailed equipment
4.0 USE OF THE EQUIPMENT
4.1 The Customer agrees to use the Hire
Equipment in a careful and proper manner and in accordance with
the instructions provided
4.2 The Customer hereby undertakes not to tamper with, reprogram,
repair or modify the Hire Equipment in any way
5.0 CHARGES & PAYMENT
5.1 The charges detailed in the Hire
Agreement shall commence when the Equipment has been accepted
by the Customer
5.2 The initial deposit on the Hire Agreement and subsequent Charges
are payable by the accepted credit (or debit card) detailed overleaf
which may be automatically debited on further occasions by CCS
without notice to the customer if total call charges at any time
exceed 60% of the initial deposit
5.3 Charges are due every month or at the end of the hire period
(which ever is sooner)
5.4 If the Customer fails to pay any charges due to CCS under
this Agreement on the due date, interest will be chargeable at
the rate of two (2) percent above the base rate of Lloyds Bank
Plc, which shall accrue on a daily basis from the date payment
was due until payment is received by CCS
5.5 Value Added Tax is payable on all charges referred to in this
Agreement
5.6 Any remaining monies in respect of the deposit shall be repaid
to the Customer once all Equipment has been returned and all hire
and call charges have been paid ( up to one calendar month from
return of the Equipment in the case of the GSM network)
5.7 If the hire equipment is returned by the Customer incomplete
or damaged, CCS may retain some or all of the deposit without
prejudice to any other right or remedy it may have against the
Customer
6.0 REPAIRS
6.1 If the hire equipment is not in
working order when received or subsequently breaks down, the Customer
will notify CCS immediately CCS will repair or replace the equipment
as soon as possible after notification provided that the Customer
is not in breach of the Conditions of Hire
7.0 OWNERSHIP
7.1 Ownership of the equipment shall
at all times remain vested in CCS
8.0 LIABILITY
8.1 CCS will not be liable for the performance
of the hire equipment or the telecommunications network during
the hire period
8.2 CCS will not be liable for any direct, indirect, consequential,
or contingent loss or damage to the Customer resulting from the
hire of the equipment or by the failure of the equipment to operate
correctly or at all, and in particular will not be liable for
financial loss, loss of profits, loss of business or contracts,
loss or operating time or use caused by the hire equipment
9.0 THEFT & DAMAGE PROTECTION
9.1 This clause will only apply if the
Customer has paid for the Theft & Damage Protection option and
any of the Hire Equipment is returned damaged or not at all due
to theft.
9.2 If this clause applies then the Customer will not be liable
to pay CCS more than the current excess applicable to the equipment
10.0 TERMINATION
10.1 Unless otherwise agreed by CCS
the Customer will return the equipment at the end of the hire
period in the same condition as it was when originally received
by the Customer
10.2 CCS shall have the right to terminate the Contract if the
Customer is in breach of the Conditions of Hire & Hire Agreement
10.3 If the equipment is returned damaged or not returned at all
the Customer shall pay the retail price for replacement to CCS
11.0 ASSIGNMENT
11.1 The Customer shall not assign,
pledge, transfer or sub-let the Equipment or the Agreement without
the prior consent of CCS
12.0 FORCE MAJEURE
12.1 CCS will not be liable for any
breach of this Agreement or failure or delay to perform any obligation
as a result of acts of God, government control, restrictions or
prohibitions of any other government act, or omission whether
local or national, act or default of any supplier, agent or sub-contractor,
industrial disputes of any kind or any other cause beyond CCS’s
control
13.0 MISCELLANEOUS:
13.1 VARIATION - CCS reserve the right
to vary the conditions of this Agreement as a result of new legislation,
statutory instruments, government regulations or licences, amendments
to the standard terms and conditions of the Network Operators
or similar events provided that such variation shall be limited
to the extent necessary for these purposes
13.2 SEVERABILITY - If any provision
of this Agreement is or becomes illegal, void or invalid, that
shall not effect the legality of the other provisions
13.3 VALIDITY - Where there is a conflict
between this Agreement and any other Conditions mentioned in or
printed on any correspondence exchanged between the parties this
Agreement shall prevail
13.4 LAW - Unless otherwise agreed in
writing, the Contract shall be construed and operate in accordance
with the Laws of England
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