AGL Airtesting Ltd - Conditions of Rental- Hire Agreement

Definitions

The Hiring company - AGL Airtesting Ltd. Address: Horizon House London Road, Baldock, Hertfordshire. SG7 6NG

The Hirer - The person or company who hires the equipment from the hiring company and in doing so agrees to the terms and conditions of the hiring company.

Acceptance of agreement

The hirer agrees to the terms and conditions of the hiring company.
These will be signed by an authorised person, on behalf of the hirer.
The signed terms and conditions will be kept by the hiring company and are valid for twelve months.
A copy of the terms and conditions will be supplied on top of the hired instrument, any person operating the instrument must be aware of and comply with the terms and conditions

Opposing Terms

The hiring companies terms and conditions nullify all other terms and conditions, except for other agreements, which must be agreed in writing by the hiring company.

New hirer

To hire an instrument as a new account, you must pay for the first hire upfront by credit card, cheque, draft, chap/bacs.
Two Credit references must be provided by the hirer
A credit limit will be set by the hiring company. Credit limit can be changed or withdrawn without notice

New & Existing hirer

Will provide an authorised order by fax on letter headed paper with an order number stating: Who requires the equipment, when it is required, where it is required ( with postcode), and contact telephone number.

The hire period

The minimum fixed hire period is three days, This will begin the day the instrument is received by the hirer and end the day it is shipped back (A typical 3 day hire would be received Monday 10:30 am and shipped back Wednesday to arrive Thursday)
The cost of the goods shall be agreed upon at the time of quotation.
The tariff for the period of hire shall be agreed upon at the time of quotation (Tariffs and discounts cannot be changed part way through a hire agreement).

Delivery of goods

In all cases unless other wise agreed, the hiring company shall deliver the goods by use of their courier for 10:30 the next day. A fixed fee will be included in a rental contract for this service.

Checking the Goods!

It is a condition of this rental that the hirer check the received goods within the first 12 hours from receipt of the goods.
This includes:

• Visually checking the goods
• Switching the hire equipment on and becoming familiar with its use.
• Reading the manual.
• Frequent checks of the equipment whilst in use must also be made. Notification of any failure/damage after the fact will not be accepted and will be charged for.

Use Of Equipment

All equipment must be used in accordance with the manufactures instruction and recommendations.
Any use by the hirer which contradicts this requirement will lead to charging and blacklisting.

Return of Equipment

Unless previously agreed the hirer will return the equipment by next day courier. Failure to do so will incur extra costs.
If the hirer requires a collection this will be agreed as part of the contract. A fax will be required from the hirer to arrange collection.

Notification of extension of hire

The hirer is responsible for calling the hiring company and notifying them of extension of rental .

Cancellation

Either party can terminate the contract by giving 2 days notice, Failure to give two days notice will result in a 50% charge in lieu of notice with the exception of orders cancelled within 48 hours of being placed where only a 20% charge will be made.
The hiring company may terminate the agreement if:
There is any breech of agreement.
If the hiring company believes the equipment to be in Jeopardy
If the hirer is unable to pay
If the hirer has reached its credit limit and will not pay their remittance

Quality assurance

The hiring company process their rental equipment with procedures which comply to BS EN ISO 9002:2000.
This includes ordered service periods and recorded history, incoming and outgoing equipment calibrations against traceable standards to recognised methods. Electrical safety checks are made by qualified personnel to recognised standards.

Faulty equipment

At the first outset that the equipment is found to be defective the hirer must notify the hiring company. (This will be within the first twelve hours after receipt if the equipment is defective upon receipt, or at some other time if it fails whilst in use)

The hirer must:

• call the hiring company immediately (Do not call us after the event as you may be charged for any damage).
• Do not attempt to repair equipment yourself unless authorised by the hiring company.

The equipment remains the hirers responsibility and should be treated as a any piece of analytical equipment including:
1, Correct storage at normal operating temperatures
2, Correct handling. Avoid dropping, jamming or shock actions
3, Defend it against adverse moisture, heat, dust and vibration
Any damage arising from these will be charged for.
Should the instrument prove to be faulty a technical support person shall discus the matter with you and guide you to getting your instrument up and running. If we cannot repair the instrument we shall either come out to site (if it is possible) or the equipment will then be replaced at no further delivery cost and at the earliest possible occasion.
If the fault is deemed to have been caused by the client, a full charge shall be made of £360 for a site visit and the full instrument repair charge.
If repairs or replacement are not possible the option of contract termination may arise.

Special Requirements

For items requiring an unproven or untested method the hirer agrees to trial the system for one week at full cost to determine the applicability of the system.

Health & Safety / COSHH

All items which fall under the COSHH guidance will be notified to the hirer
It is the clients duty to notify the hiring company what substances have been or may have been monitored.

Software and downloads

1, The title to the software shall remain the property of the manufacturer
2, The hirer may install the software for their own use during the rental period only, after which they must delete it.
3, The hirer may not supply the software to a third party.
4, The hirer shall return any software and reading devices to the hiring company together with any cables.
5, The above does not apply if the equipment has been sold as part of a system or as a single piece of sold software.

Downloads

Any information that has be left on the computer system can be downloaded and sent to the client for £30. AGL Airtesting will not be responsible for loss of any data or any impact or loss of earnings or costs relating to the loss of that data.

Payment terms

Payments shall be made by the hirer within 30 days of the invoice being submitted or to settle their credit limit prior to a further or on-going hire. Failure to meet this will result in a written termination of contract and collection of the supplied equipment. The hiring companies bank details are available on request

Default of punctual payment

The hiring company shall charge the hirer at a rate of 3% from the date of the invoice to the date of the payment on any outstanding payment. If paying by credit card full details are required at the time of the order.

Responsibilities of the hirer

The hirer shall agree not to sell the equipment on.
The hirer shall use the equipment in accordance with the manufacturers instructions.
The hirer shall refrain from adding stickers, changing the equipment or modifying it in any way.
The hirer shall be responsible for the well being of the equipment and assume the entire risk of damage or loss to equipment or any port thereof.
The hirer will insure themselves or be personally liable for any damage or goods replacement
The hirer agrees to indemnify the hiring company against any liability, actions, claims, damages, cost and demands suffered or incurred by the hiring company as a result of a third party claims arising from the use of hire equipment.
To immediately return the equipment upon termination of the hire agreement.

Responsibilities of the hiring company

The company shall abide by its quality policy and health and safety policy.
It shall endeavour to meet any agreement made with the client.
If a fault occurs with a piece of equipment the hiring company shall repair that equipment or replace that unit without delivery cost at the earliest possible occasion.
Will warrant the equipment in normal use to meet the manufacturers specification. This will not apply to misused equipment
The hiring company will not be responsible for delays, delivery failures or damage caused by accidents, strikes, transport failures or adverse weather conditions.