Business Terms and Conditions
THESE TERMS ONLY APPLY IF YOU ARE A BUSINESS. A BUSINESS MEANS ANY SOLE TRADER, PARTNERSHIP OR LIMITED COMPANY ACTING IN THE COURSE OF THEIR BUSINESS. IF YOU ARE A CONSUMER THAT IS PURCHASING PRODUCTS FROM THE COMPANY THEN YOU HAVE STATUTORY RIGHTS WHICH WILL NOT BE AFFECTED BY THESE TERMS AND CONDITIONS
This page (together with the Privacy Statement, Terms of Website Use and Acceptable Use Policy tells you information about us and the legal terms and conditions on which we sell or hire any Goods or Services listed on our website to you. These Terms will apply to any contract between us for the sale or hire of Goods or Services to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. By clicking on the “I Accept” button and placing an order, you have accepted these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every time you wish to order Goods or Services, please check these Terms to ensure you understand the terms which will apply at that time.
Interpretation
1.1 In these conditions the following words have the Following meanings:
“Contract” means a contract which incorporates these conditions and is made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products and/or the Services;
“Customer" means the sole trader, partnership or company or other organisation acting in the normal course of its business and hiring Hire Goods and/or contracting for the Services or purchasing of Products;
“Customer’s Own Goods” means any machine, article, tool and/or device owned by the Customer and made available to the Supplier for repair;
“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
“Hire Goods” means any machine, article, tool, and/ or device together with any accessories specified in a Contract which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events: i) the physical return of the Hire Goods by the Customer into the Suppliers possession: or ii) the physical repossession or collection of Hire Goods by the Supplier;
“Liability” means any liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier;
“Rental” means the Suppliers’ charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Services” means the Services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any sale of Products and the repair of the Customer’s Own Goods together with any delivery and/or collection service for the Hire Goods or in conjunction with the repairing and/or servicing of Tools (and “Service” shall be interpreted accordingly).
“Supplier” means Artex Limited Registered in England & Wales No. 4140239;
2. Basis of Hire Contract
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. Orders can be placed by the Customer either by telephone or by ordering Hire Goods through the tool hire website.
2.2 The Hire Goods are only available for hire to Customers and not to consumers. If you are a consumer please do not proceed with any hire of Hire Goods through this website.
2.3 The Supplier will only hire Hire Goods to Customers. If you are a consumer then you are unable to hire Hire Goods through this internet site. As a consumer you may still purchase Products from the Supplier in which case the sale will be covered by the Consumer Contracts Regulations 2013 and the consumer is entitled to a 14 day cooling off period to cancel the contract. The 14 day period starts from when the consumer places the order with the Supplier for the Products. If the consumer requests that the Products are delivered to the consumer within the first 14 days after the order has been placed then the consumer accepts that they have waived their right to a cooling off period under the Consumer Contracts Regulations 2013. The definition of “consumer” is the definition as set out in the Consumer Regulations 2013.
3. Payment
3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time. Where a Deposit is required for the Hire Goods, it must be paid in advance of the Customer hiring the Hire Goods. If the Customer is hiring Hire Goods then the Supplier will require the Deposit up front and then the Rental shall be paid in arrears. If the Customer hires the Hire Goods for more than one month then the Customer will receive an invoice at the end of each month (on or before the last day of the month) for that current month’s Rental. Customers are charged on a per day basis. If the Customer off-hires the Hire Goods then the Customer will be charged for those days of that month for which the Hire Goods have been hired and any over-payment by the Customer will be returned by the Supplier. For the avoidance of doubt the Hire Goods are scanned by the Supplier as the Hire Goods leave the Supplier’s warehouse and the courier will obtain a signature from the Customer on delivery and on collection of the Hire Goods. The Supplier allows one day for delivery of the Hire Goods to the Customer and one day for collection and return to the Supplier. Where the Hire Goods are with the courier for longer than one day (either on delivery to the Customer or on return to the Supplier) then the Supplier shall refund the Customer for the additional time when the Hire Goods were in the possession of the courier and not on hire to the Customer.
3.2 The Customer shall pay the Rental, charges for any Service, monies for any Products and/or any other sums payable under the Contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are exclusive of any applicable VAT for which the Customer shall additionally be liable.
3.3 The price of the Hire Goods or Services shall be due and payable on the twenty-eighth day of the month following that in which the invoice is dated.
3.4 The time for any payments by the Customer under a Contract shall be of the essence. Payment shall not be deemed to be made until Supplier has received either cash or cleared funds in respect of the full amount outstanding.
3.5 If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgement) on the amount unpaid at the rate of 3% above the base rate from time to time of the Supplier’s bank until actual payment on all overdue accounts. This rate of interest is in substitution of the statutory rate of interest as set out in the Late Payment of Commercial Debts (Interest) Act 1988.
3.6 The Customer shall pay all sums due to the Supplier under the Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.7 If the Customer fails to make payment in respect of any invoice on the due date then any and all invoices for Hire Goods and/or Services delivered for which payment has not been received shall become immediately due and payable not withstanding any previous agreement to the contrary.
3.8 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to amend the credit limit for the Customer or suspend the Contract for the hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
3.9 The Supplier reserves the right at any time to demand security payment before continuing with or delivering any Hire or Services.
3.10 The Supplier will make a search with a credit reference agency, which will keep a record of that search and the credit reference agency and/or the Supplier will share that information with other businesses. The Supplier will also make enquiries about the principle directors with a credit reference agency. The Supplier will monitor and record information relating to the Customer’s trade performance and such records will be made available to credit reference agencies and other businesses in assessing applications for credit and fraud prevention. If the Customer does not want the Supplier carrying out such a search or sharing data, please do not complete an account application form. To the extent that the Customer supplies sensitive information then it will be kept in accordance with the Data Protection Act.
4. Risk Title and Insurance
4.1 Risk in the Services will pass to the Customer when the Goods and Products or the Customer’s Own Goods are passed to the Customer by the Supplier’s courier.
4.2 Risk in the Hire Goods or the Customer’s Own Goods will not pass to the Supplier from the Customer until the Hire Goods or the Customer’s Own Goods are in the physical possession of the Supplier’s courier. This shall apply even if the Supplier has agreed to cease charging the rental on Hire Goods.
4.3 Title in the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Title in any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the title or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting a lien and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
4.5 Customer must take out their own insurance to cover the value of the Hire Goods for all risks.
5. Delivery, Collection and Services
5.1 After an order is received and accepted by the Supplier, the Supplier agrees to deliver the Services to the Customer at its standard delivery costs which will form part of any Service. Time for delivery shall not be of the essence of the Contract and delivery times are given in good faith but are estimates only.
5.2 Where the Supplier provides Services the persons performing the Services are servants of the Supplier and are under the direction and control of the Supplier. The Supplier shall be solely responsible for any instruction, guidance and/or advice given by the Supplier to any such person and for any damage which occurs as a result of such persons following the Supplier’s instructions, guidance and/or advice.
5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to power supplies for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.4 If any Services are delayed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation.
5.5 When the Customer is ready to off-hire the Hire Goods then they will contact the Supplier either by telephone or through the website requesting that the Hire Goods are collected by the Supplier’s courier. The Customer will pack the Hire Goods in suitable packaging to ensure the Hire Goods can be collected by the Supplier’s courier and be returned in a safe condition.
6. CANCELLATION RIGHTS, RETURNS AND REFUNDS OF PRODUCTS
6.1 The Customer has the right to cancel and return any Product providing the Supplier is notified within 14 days of receipt and the Customer returns the Product to the Supplier within an additional 14 days. The Customer is responsible for paying any postage or shipping costs incurred when returning any unused and unwanted Product to the Supplier.
6.2 No right of cancellation, refund or return exists under the Consumer Contracts Regulations 2014 once the Product has been used, unless the Product is defective and the Customer is returning it for that reason.
6.3 The Supplier will refund the price of any cancelled Product within 14 days of receipt.
6.4 Where a Customer has a defective Product the Customer should contact the Supplier and the Supplier will arrange with the Customer for the collection and replacement of the Product. The Supplier may agree to deliver the replacement Product without collecting the defective Product at the Customer’s request. Once collected the defective Product will be examined and the Supplier will notify the Customer within 14 days of receipt if the Supplier believes that the defect is due to any other reason than fair wear and tear. Where the Customer fails to agree a collection date and make the defective Product available for collection by the Supplier’s courier within the first seven days after notifying the Supplier that the Product is defective then, the Supplier shall be entitled to place the defective Product back on hire and charge the Customer on a daily basis for every day that the Customer fails to make the Product available for collection.
6.5 The Customer must complete a returns form when returning any Products and state the reason for the return of the Products https://www.gyproctools.co.uk/returns
7. Care of hire Goods
7.1 The Customer shall;
7.1.1 not interfere with the Hire Goods, their working mechanisms or any other parts of them save where the Supplier supplies replacement parts to the Customer for fitting, and take reasonable care of Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer and notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods.
7.1.2 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
7.1.3 notify the Supplier of any change of its address and upon the Supplier’s request, provide details of the location of the Hire Goods and permit the Supplier at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated.
7.1.4 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of the Supplier;
7.1.5 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the supplier has agreed to provide them as part of the Services;
7.1.6 not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
7.1.7 to return the Hire Goods correctly packaged to ensure the Hire Goods cannot be damaged during their return journey;
7.1.8 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
7.1.9 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type is used and that, where appropriate, the Hire Goods are properly fitted by a qualified and competent person.
7.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear accepted) and in a clean condition (everyday grime accepted) together with all insurance policies, licences, registration and other documents relating to the Hire Goods. The Customer will contact the Supplier by telephone or email to arrange for collection of the Hire Goods by the Supplier’s courier and the Customer shall ensure the Hire Goods are appropriately packaged to avoid damage before collection.
8. Breakdown of hire Goods
8.1 Allowance will be made in relation to the Rental to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear on condition that the Customer informs the Supplier immediately of the breakdown. The Customer will contact the Supplier by telephone or email to notify the Supplier of the breakdown and to arrange to make the Hire Goods available for exchange by the Supplier’s courier. When the Hire Goods are collected the Customer shall ensure that the Hire Goods are properly packaged for safe return.
8.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods. For the list of charges in such circumstances please refer to https://www.gyproctools.co.uk/faq
8.3 The Supplier will at its own cost carry out all repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear and/or an inherent fault. The charges for damage repairs incurred by the Customer can be found at the tariff of charges as set out at https://www.gyproctools.co.uk/faq. A customer may carry out its own servicing of the Hire Goods if the Customer can satisfy the Supplier that it has the tools and experience to carry out such servicing. Alternatively the Hire Goods will be exchanged with a replacement Hire Good so that the original Hire Good can be serviced by the Supplier. When the Hire Goods are collected the Customer shall ensure that the Hire Goods are properly packaged for safe return.
8.4 The Customer must not repair or attempt to repair the Hire Goods without prior consultation with the Supplier. All repairs will be completed by the Supplier. Where the repair is due to damage caused by the Customer or where the Customer has failed to keep the Hire Goods in a clean and maintained condition then the Customer shall be charged in line with the tariff of charges set out at https://www.gyproctools.co.uk/faq
9. LOSS OR DAMAGE TO THE HIRE GOODS
9.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and the Rental until such repairs and/or cleaning have been completed, in line with the tariff of charges set out at https://www.gyproctools.co.uk/faq
9.2 The Customer will be charged in line with the tariff of charges as set out at https://www.gyproctools.co.uk/faq, stolen and/or damaged beyond economic repair during the Hire Period.
9.3 The Customer shall also pay to the Supplier the Rental until such time as the Supplier has been paid the amount representing the replacement cost of such Hire Goods by the Customer. The charges for the additional Rental is set out in the tariff of charges set out at https://www.gyproctools.co.uk/faq
10. TERMINATION BY NOTICE OF HIRE CONTRACT
10.1 All Hire Periods are a minimum of thirty days with no fixed period thereafter (“Minimum Hire Period”). After the Minimum Hire Period the Customer can off-hire the Hire Goods at any time by contacting the Supplier and asking the Supplier to arrange for its courier to collect the Hire Goods. If however the Customer wishes to have a fixed duration for the rental which is more than the minimum hire of thirty days then neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
10.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
10.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by contacting the Supplier and asking the Supplier to arrange a courier to collect the Hire Goods. The Hire Period ends when the Customer hands the Hire Goods to the courier in a packaged state. The Supplier shall be entitled to terminate the Hire of the Hire Goods by giving not less than 14 days’ notice to the Customer in which case the Customer shall make the Hire Goods available to the Supplier’s courier for collection. For the avoidance of doubt the Hire Goods are scanned by the Supplier as the Hire Goods leave the Supplier’s warehouse and the courier will obtain a signature from the Customer on delivery and on collection of the Hire Goods. The Supplier allows one day for delivery of the Hire Goods to the Customer and one day for collection and return to the Supplier. Where the Hire Goods are with the courier for longer than one day (either on delivery to the Customer or on return to the Supplier) then the Supplier shall refund the Customer for the additional time when the Hire Goods were in the possession of the courier and not on hire to the Customer.
11. Default
11.1.1 If the Customer:
11.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
11.1.3 persistently breaches the terms of the Contract;
11.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
11.1.5 pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/ or proceedings or has a Bankruptcy Petition presented against it, or being a company, enters into voluntary or compulsory liquidation, has a receiver, administrative receiver appointed over all or any of its assets, any attachment order is made against the Customer or any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
11.1.6 appears to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
11.1.7 appears responsibly to the Supplier to be about to suffer any of the above events then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 11.2 below.
11.2 If any of the events set out in clause 11.1 above occurs in relation to the Customer then:
11.2.1 the Supplier may enter, without prior notice any premises of the Customer (or premises of third parties with their consent) where Hire Goods owned by the Supplier may be and repossess any Hire Goods;
11.2.2 the Supplier may withhold the performance of any Service and cease any Service in progress;
11.2.3 the Supplier may cancel, terminate and/or suspend without liability to the Customer the Contract and/or any other contract with the Customer; and/or
11.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.
11.3 Any repossession of the Hire Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any antecedent breach.
11.4 Upon termination of a contract the Customer shall immediately:
11.4.1 Make the Hire Goods available for collection by the Supplier as requested by the Supplier; and
11.4.2 Pay to the Supplier all arrears for Rentals, charges for any Services, monies for any Products and/or any other sums payable under the Contract.
12. Limitations of Liability
12.1 12.1 Unless the Customer deals as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977:
12.1.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
12.1.2 All warranties, representations, terms, conditions and duties implied by law in relation to provision of Services and to the use of reasonable care and skill, reasonable time for performance and reasonable consideration shall be excluded from this Contract.
12.2 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of the replacement of the damaged property.
12.3 Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.
12.4 The Supplier shall have no Liability to the Customer if any monies due in respect of the Hire Goods and/or the Service have not been paid in full by the due date for payments.
12.5 The Supplier shall have no Liability for additional damage, loss, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
12.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.
12.7 The Supplier shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
12.8 The Supplier shall have no liability to the Customer for any:
12.8.1 consequential losses (including loss of profits and/or damage to goodwill);
12.8.2 economic and/or other similar losses;
12.8.3 special damages and indirect losses; and/or
12.8.4 business interruption, loss of business, contracts and/ or business opportunity.
12.9 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental for the Hire Goods or charges for Services (if any) under that Contract or the sum of £1000 whichever is the higher. For the purposes of this clause 12.9 the period of Rental shall be a period of one calendar month.
12.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
12.10.1 Liability for breach of contract;
12.10.2 Liability in tort (including negligence); and/or
12.10.3 Liability for breach of statutory duty; except clause
12.10.4 above which shall apply once only in respect of all the said types of Liability.
12.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to its negligence or any other Liability which it is not permitted to exclude or limit as a matter of law.
13. General Hire
13.1 The Customer will open an account with the Supplier and then each order for Hire Goods will be booked to the Customer’s account and a statement will be issued to the Customer at the end of each month detailing the Hire Goods that the Customer has on hire from the Supplier. Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
13.2 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/ or omissions under this contract.
13.3 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by the Customer.
13.4 No waiver by the Supplier of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.5 The Supplier shall have no Liability to the Customer for any delay and/or non-performance of a Contract to the extent that such delay is due to any events outside the Suppliers reasonable control including but not limited to acts of god, war, flood, fire, labour/disputes, strikes, subcontractors, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
13.6 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to exclusive jurisdiction of the English courts.
13.7 The Supplier’s Terms of and Conditions of Sale will apply to all Products sold and in the event of conflict between the Supplier’s Terms of and Conditions of Sale and the Supplier’s Conditions for Hire and Repair, the Supplier’s Terms of and Conditions of Sale will prevail. Copies of the Suppliers Terms of and Conditions of Sale are available on request.
13.8 The Customer will be provided with written instructions (hard copy operating manual with every hire) on how to use the Hire Goods. The operating manual is also available online to view. The Customer can contact the Supplier for further training instructions if required. It is the Customers responsibility to ensure that everyone who uses the Hire Goods is properly instructed on how to use them safely and correctly and they have all the instructions the Supplier has supplied and that the Hire Goods are not misused.
14. Data Protection
14.1 In order to maintain and manage credit accounts the Supplier will undertake searches of credit reference agencies and other organisations who may also keep a record of that search. These enquiries may concern the directors and principals of a Limited Company.
SUPPLEMENTAL TERMS FOR TOOL REPAIR/SERVICING
15. Terms Apply In Addition
15.1 Where the Supplier repairs or services Tools for the Customer these supplemental terms will apply in addition to the terms set out above.
16. Payment
16.1 The Supplier may require an initial payment on account of the Services in advance.
16.2 In addition to the quoted price for the Services the Supplier may also charge a reasonable administration charge to the Customer.
16.3 In the absence of contrary agreement, and subject to clause 16.2, payment will be due when the Supplier informs the Customer of the price of the service and the customer accepts.
16.4 Where the Customer leaves Tools belonging to the Customer with the Supplier for repair or servicing then the Supplier may exercise a lien over the Tools until the Customer has paid all sums due to the Supplier under the Contract. Accordingly the Supplier has the right to retain possession of the Tools until payment is made.
16.5 Where the Customer leaves Tools belonging to the Customer with the Supplier for repair or servicing and any monies remain outstanding from the Customer under the Contract for a period in excess of one month then the Supplier shall be entitled to sell the Tools and deduct the monies owed and the costs of sale from the proceeds and account to the Customer for the balance of the monies.
17. Risk
17.1 Where the Customer provides Tools to the Supplier for servicing / repair then risk in those Tools shall transfer to the Supplier. Where the Goods belong to the Customer and are damaged whilst in the custody of the Supplier then the Supplier’s liability shall be to repair or replace with a Tool of a similar age and in a similar condition.
18. DELIVERY AND COLLECTION OF HIRE GOODS AND SERVICES
18.1 The Supplier agrees to collect or deliver the Tools from/to the Customer using the Supplier’s nominated courier. Such collection/delivery will be charged to the Customer in accordance with the tariff of charges as set out at https://www.gyproctools.co.uk/faq.
19. Ability to Provide Services
19.1 Nothing in the Contract nor any action of the Supplier shall be taken as a representation that, or form a binding agreement that, the Supplier will be able to carry out the Services in any particular case.
19.2 If at any point the Supplier is unable to carry out the Services then the Customer shall be informed of such inability within a reasonable period. In such circumstances the remaining terms and conditions of the Contract shall continue in force except that the Supplier may only charge the Customer for its reasonable costs of investigation and any partial Services provided.
19.3 The Supplier shall not be liable for any cost or loss to the Customer caused by any failure or inability to complete the Services.
20. time Scale
20.1 Time for the provision of the Services by the Supplier shall not be of the essence.
20.2 The Supplier shall seek to provide the Customer with an estimate of when the Services shall be completed however this is designed to be for guidance only and the Customer recognises that the Services may not be completed within any such estimate. The Supplier shall not be liable for any cost or loss to the Customer caused by any failure to complete the Services within any given estimate.
21. Effect On Any Manufacturers Warranty
21.1 The Supplier shall not be liable for any invalidation or other effect on any warranty, guarantee or any other agreement with the manufacturer of the Tools or any other party arising from the Supplier’s provision of the Services.
22. Referal to Third Parties
22.1 Should the Supplier be unable to provide any Service requested by the Customer then the Supplier may suggest a third party to provide this Service to the Customer. Any such suggestion is made without any warranty or representation as to the third party’s suitability or quality of workmanship and the Supplier shall not be liable for any loss or damage suffered by the Customer arising from the provision of Services by any such third party. May 2011 Artex Limited Terms and Conditions of Hire and Repair
23. Hire Goods Accidental Damage And Theft Protection
23.1 If the Customer pays the Accidental Damage and Theft Protection charge, being a sum equal to 10% of the Rental where available as an option, the Supplier will waive any further charges for rectifying accidentally damaged Hire Goods and Section 8, the right to charge the Customer for repair or replacement of Hire Goods , will not apply.
23.2 The protection provided by Accidental Damage and Theft Protection is subject to the following conditions:
(a) the Customer must be able to demonstrate that reasonable care has been taken to prevent damage;
(b) theft of Hire Goods must be reported to the Police and a crime reference number obtained;
(c) the maximum value of loss waived for any single claim will be ten thousand pounds (£10,000). Any loss above this value will be charged to the Customer by the Supplier
23.3 The Supplier reserves the right to withdraw the Accidental Damage and Theft Protection scheme at any time and have discretion as to whether to offer the Scheme to any particular customer.
23.4 Taking out Accidental Damage and Theft Protection does not diminish the Customers responsibility to take reasonable care to prevent damage to Hire Goods.
23.5 Exclusions to Accidental Damage and Theft Protection:
- Damage caused by the Hirer’s negligence, damage or breach of the relevant hire contract;
- Damage caused by or as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of Hire Goods;
- Loss of Hire Goods.
To claim under the Accidental Damage Protection Scheme the Customer should contact the Supplier to obtain a claim form.
24. repairs of customers own goods
24.1 Any repairs undertaken by the Supplier to the Customer’s Own Goods will be guaranteed for one year.
24.2 If the Customer believes the repair to be defective the Customer should contact the Supplier and the Supplier will arrange collection of the Products. The Supplier will examine the Product and notify the Customer within 14 days of receipt.
24.3 The Customer must complete a returns form when returning any Products and state the reason for the return of the Products. https://www.gyproctools.co.uk/returns
