Generation UK Website Usage Terms and Conditions
CONDITIONS OF SALE
1. DEFINITIONS
The “Supplier” means Generation (UK) Ltd. “List Price” means those prices appearing in the Supplier’s current price list or such other agreed amount between the parties. The “Customer” is the company, firm, person, corporation or public authority buying the Supplier’s equipment. “Equipment” means the scaffolding tubes, equipment, boards, fixtures and fittings or other equipment eligible for sale to the Customer.
2. Unless otherwise agreed in writing by the Supplier the equipment is supplied by the Supplier on these conditions only and no variations of or addition thereto (whether contained in any document emanating from the Customer or made orally by any person acting or purporting to act on the Supplier’s behalf) shall have effect unless it is in writing signed by a director of the Supplier. Should any of these conditions conflict with any conditions stated in any Customer’s order these conditions shall prevail. The giving by the Customer of any delivery instructions for the equipment or any part thereof or the acceptance by the Customer of delivery of the equipment or any part thereof or any document by the Customer in confirmation of the transaction set out on the basis thereof after receipt by the Customer of this document or available viewing on the Supplier’s website shall constitute unqualified acceptance by the Customer of these conditions.
3. Quotations, estimates and adverts are only invitations to treat and do not constitute an offer the Supplier reserving the right to withdraw or amend them at any time prior to the Supplier’s acceptance in writing of the Customer’s order.
4. Every effort will be made to keep delivery dates given but such dates are estimates only and the Supplier accepts no liability in case of failure to do so. If the Customer refuses or fails to take delivery of equipment tendered in accordance with the contract the Supplier shall be entitled to immediate payment in full for the equipment so tendered. The Supplier shall be entitled to store at the risk of the Customer equipment of which the Customer refuses or fails to take delivery of and the Customer shall pay the costs of such storage and any additional costs incurred including carriage. Refusal by the Customer to take delivery will relieve the Supplier from the obligation to make further deliveries without prejudice to the Supplier’s right to recover damages for such refusal.
5. All samples, drawings, descriptive matter, specifications and advertising and any descriptions or illustrations contained in the Supplier’s catalogues or brochures or elsewhere including any websites are issued or published for the sole purpose of giving an approximate idea of the equipment described in them. They shall not form part of the contract and are not a sale by sample.
6. Equipment shall be deemed to have been delivered complete in accordance with the advice note, undamaged, in good condition and to the Customer’s satisfaction, unless the Supplier receives written notice to the contrary within 2 working days after delivery to the Customer. It is recommended that such notification be by way of email to a director of the Supplier. If the Supplier is then satisfied that the equipment was delivered incomplete, damaged or defective, the Supplier will make good the delivery as soon as practicably possible (any replacements as nearly as possible identical and of equal quality) but with no other liability.
7. Small deviations or variations from particulars of the equipment shall not give rise to any claims.
8. Where equipment is to be delivered by a carrier on behalf of the Supplier the risk therein passes to the Customer upon delivery. When the Customer arranges for the collection of the equipment delivery will be deemed as effective and the risks therein to have passed to the Customer upon their transfer to the carrier nominated by the Customer.
9. Notwithstanding delivery the equipment shall remain the Suppliers absolute property until payment of all amounts due to the Supplier whether in respect of the equipment delivered or otherwise from the Customer and outstanding from time to time. Notwithstanding that the Supplier retains the ownership of the equipment aforesaid the Customer shall be entitled to use the whole or any part of the equipment to be mixed with or to be used in the manufacture of other equipment. In those circumstances the Supplier shall become the absolute owner of the equipment as mixed or as manufactured on the same basis as if the equipment were not so mixed or manufactured, provided that the Customer may sell and deliver the equipment to a third party in the ordinary course of the Customer’s business on condition that until such payment as aforesaid the Customer shall hold all proceeds of such sales on trust for the Supplier and in a separate account. The Customer agrees to store such equipment whether in their original state or mixed or manufactured in such a way as to make them readily identifiable as our property. In the circumstances defined in this condition the Supplier shall be entitled immediately after giving notice of its intention to repossess to enter upon the Customer’s premises or any other place the equipment may be with such transport as may be necessary and repossess any equipment or products to which the Supplier has title hereunder. Nothing in this condition shall confer any right upon the Customer to return the equipment or to refuse or delay payment therefor.
10. Prices quoted are ex-works unless otherwise stated and are those then currently ruling. In the event of any alteration in prices by date of dispatch, prices quoted shall be adjusted accordingly. Any special packing or transport or insurance costs will be charged additional to the price of the equipment. The term ‘special’ refers to any particular arrangements that may be agreed to by the Supplier at the request of the Customer which are other than the Supplier’s normal methods of packaging and/or delivery.
11. Payment for equipment by a Customer that does not have an approved account facility with the Supplier shall unless otherwise agreed by a director of the Supplier in writing be due on delivery of the equipment. If payment is not made the Supplier may withhold further deliveries or terminate the contract or order in its entirety. Payment of the Supplier’s invoices shall be made without any deduction or set-off.
12. Where the Customer has an approved account, (confirmation of which has been given in writing by the Supplier), payment will be due 30 days after the date of each invoice unless otherwise agreed by a director of the Supplier in writing. If any sum remains unpaid after the due date the payment of all charges, no matter how recent, shall become due immediately. Punctual payment of each invoice shall be of the essence of the contract. The Supplier reserves the right to suspend and/or cancel further supplies from existing or any other orders until all overdue debts have been discharged. An authorised Credit account may be granted at the Supplier’s discretion where a level of credit approval has been granted by the Supplier and the Customer has agreed these terms and conditions. The provision of credit facilities will be reviewed periodically and is discretionary, and may be withdrawn by the Supplier at any time without giving a reason. The Supplier reserves the right to charge interest on overdue accounts at the rate of two per cent per month to run from the due date for payment until receipt by the Supplier of the full amount, including any such interest charged, whether or not after judgment.
13. If the Customer defaults in any payment under this or any other contract with the Supplier, or ceases business, or stops payment to or makes any composition or arrangement with creditors, or such suffers any distress or execution, enter into any form of insolvency process, or an order or resolution for winding up is made, then the Supplier may deem the Customer to have repudiated this contract and recover money due and damages for such repudiation without prejudice to other remedies.
14. The Supplier has the right at its sole discretion to serve written notice at any time that it requires any party to a dispute or alleged dispute arising out of or in connection with this contract to enter into ADR by way of formal mediation, such mediation to take place within 21 days of service of the notice upon them.
15. If the parties are unable to agree the identity of a mediator within 10 days of the service of a notice pursuant to clause 14 hereof, the supplier shall request that the Registrar of European Administration Ltd trading as Clerksroom appoints the mediator a place date and location in the United Kingdom for the mediation to take place. The parties agree that the mediation shall take place under the terms and procedures set down in the Clerksroom Agreement for Mediation current at the date of the notice herein.
16. The Supplier shall not be liable for any damage, loss or expense (subject always to the provisions of the Unfair Contract Terms Act 1977 and any superseding Act as to consumer sales) caused to the Customer by circumstances beyond the Supplier’s control (including weather, industrial action, shortages of labour or materials or faults of contractors, sub-contractors or others not in the direct employ of the Supplier). Unless otherwise expressly agreed in writing, the Supplier shall not be liable for consequential damage, loss or expense, howsoever caused.
17. The equipment supplied hereunder are warranted to be within normal limits of industrial quality. All other warranties or conditions as to quality or description (statutory or otherwise) are excluded. The Supplier’s liability for breach of this warranty (or in any other claim based on any defect in the equipment) shall not exceed the replacement of equipment shown to be defective or, at the Suppliers option, reimbursement of the price received by the Supplier for the equipment. In respect of any equipment or products supplied by the Supplier but manufactured by other firms, and warranties or guarantees given to the Supplier by such manufactures or suppliers will, so far as the Suppliers be able, be passed to the benefit of the Customer.
18. The supply of equipment hereunder shall not confer any right upon the Customer to use any of the Suppliers trademarks or any third parties’ trademarks without the Supplier’s prior written consent and at all times such trademarks shall remain the Supplier’s property or the third parties’. Nor does it imply any right to use any patent which the Supplier may have or any indemnity against infringement of third party patents.
19. The Customer shall not assign, transfer or purport to assign or transfer the contract to which these conditions relate or the benefit thereof to any person whatsoever.
20. The Customer hereby consents to any relevant searches on its principal directors/partners being made through a licensed credit reference agency.
21. It is the Supplier’s intention that no third party should benefit from this agreement.
22. Should the Supplier sell for whatever reason their hire stock that has been marked with their security paint (‘the Paint’) it is the customer’s responsibility to remove all visible traces of the Paint and the sale is conditional on the removal of the Paint. Title to any sold equipment does not pass to the customer until all visible traces of the Paint have been removed and title to any equipment bearing the Paint remains with the Supplier whether or not the items have been paid for. The customer will remove all visible traces of the Supplier’s paint within 90 days or such further period as may be agreed by a Director of the Supplier in writing of the date of the Supplier’s invoice for goods failing which title to the equipment will remain with the Supplier whether or not the goods have been paid for. It is agreed between the parties that the purpose of this clause is for the overall protection of the Supplier’s general hire fleet. It is the customer’s responsibility to ensure that it agrees with a Director in advance of any such transaction of the Supplier in writing a sufficient period of time to remove the Paint, failing which 90 days referred to in this clause will prevail.
23. If the Customer wishes to change the status of any account to any other legal identity than the one accepted by the Supplier such a change will only take effect if specifically authorised and accepted in writing by a director of the Supplier. The change of salutation of any paperwork including but not limited to invoices and delivery notes is specifically not an indication the Supplier has accepted any change in the contractual relationship with the Hire.
24. If the Customer breaches any of the terms of this contract, the Supplier shall be liable to pay the Supplier’s reasonable costs and expenses (including any legal costs to be assessed on the standard basis including legal costs incurred in the small claims track of the County Court as if such case had been assigned to the Fast Track) incurred in enforcing any of the Supplier’s rights under this contract.
25. This Agreement is governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising under or in connection with this Agreement. Each Party waives any right it has to object to an action being brought in the English Courts or to claim that any such action has been brought in an inconvenient forum. It is intended between the parties that each and every clause in these.
TERMS AND CONDITIONS OF HIRE
1.0 DEFINITIONS
The “Supplier” means Generation (UK) Ltd. “List Prices” means those prices appearing in the Supplier’s current price list. The “Hirer” is the company, firm, person, corporation or public authority taking the Supplier’s equipment on hire and includes the Hirer’s servants or agents, and any sub-contractor’s servants or agents and the Hirer’s successors or personal representatives. “Equipment” means the scaffolding tubes, equipment, boards, fixtures and fittings or other equipment let on hire.
2.0 All contracts are made upon these conditions and in contracting with the Supplier the Hirer accepts these conditions to the exclusion of any conditions of the Hirer however expressed or whenever contained.
3.0 TERMS OF PAYMENT
Where the Hirer has an approved account, (confirmation of which has been given in writing by the Supplier), payment will be due 30 days after the date of each invoice. If any sum remains unpaid after the due date the payment of all charges, no matter how recent, shall become due immediately. Invoices will be presented at regular intervals during the period of hire. Punctual payment of each invoice shall be of the essence of the contract. The Supplier reserves the right to suspend and/or cancel further supplies from existing or any other orders until all overdue debts have been discharged. An authorised Credit account may be granted at the Supplier’s discretion where a level of credit approval has been granted by the Supplier and the Hirer has agreed these terms and conditions. The provision of credit facilities will be reviewed periodically and is discretionary, and may be withdrawn by the Supplier at any time without giving a reason.
4.0 MEDIATION
The Supplier has the right at their sole discretion to serve written notice at any time that it requires any party to a dispute or alleged dispute arising out of or in connection with this contract to enter into ADR by way of formal mediation, such mediation to take place within 21 days of service of the notice upon them.
5.0 If the parties are unable to agree the identity of a mediator within 10 days of the service of a notice pursuant to clause 4 hereof, the supplier shall request that the Registrar of European Administration Ltd trading as Clerksroom appoints the mediator and a place date and location in the United Kingdom for the mediation to take place. The parties agree that the mediation shall take place under the terms and procedures set down in the Clerksroom Agreement for Mediation current at the date of the notice herein.
6.0 AUTHORITY
The person making the contract with the Suppler warrants that they have the authority of the Hirer to make this contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so.
6.1 Proof of Acceptance Upon delivery, the Hirer shall sign the Delivery Note, which shall be conclusive proof of the receipt of the equipment by the Hirer. No variation to these conditions shall be effective whether or not specified in any order or acceptance issued by the Hirer unless agreed in writing by the Supplier.
7.0 COLLECTION
If equipment is collected by the Hirer, the Hirer shall make a check of the equipment once loaded and sign the Delivery Note before leaving the Supplier’s premises as conclusive proof of the receipt of the equipment shown on the Delivery Notes.
7.1 Delivery Charges
Where delivery or collection is organised by the Supplier, the Hirer shall pay a delivery or collection charge at the Supplier’s standard transport rates. Such charges may include any wasted journey or transport time reasonably incurred by the Supplier in attempting to comply with the specific or implied requirements of the Hirer. If the Hirer or his agent is present on delivery the Hirer will sign the Delivery Note as conclusive proof of the acceptance of the equipment.
7.2 Delivery/Collection Liability
Every reasonable effort will be made by the Supplier to keep to the dates given for delivery or collection, but such dates are estimates only and the Supplier accepts no liability in case of failure to do so. No returns will be accepted on Saturdays or Sundays, Public Holidays or outside of normal office hours. All costs incurred by the Supplier in the specific preparation and gathering together of goods to meet the Hirer’s order, which will where appropriate include the consequential loss of the hire income, shall be recoverable by the Supplier in the event of the Hirer cancelling the contract. If the Hirer requires delivery of the equipment to be postponed to a later date than originally agreed upon then the Supplier reserves the right to charge for the hire as from the original contract date.
7.3 Hirer’s responsibility For Acceptance of Equipment
If the Hirer or the representative thereof is not present when the equipment is delivered the Supplier will dispatch a Hire Delivery Note to the Hirer. Unless any alleged discrepancy is reported to the Supplier by letter or email received by the Supplier within two working days of delivery the Hire Delivery Note shall be conclusive proof of the delivery of the equipment set out therein.
7.4 Return/Collection of Equipment
The Hirer undertakes at the termination of the hire period to return the equipment to the Supplier’s premises from which it was originally hired in a clean and sound condition. The Hirer must give at least 48 hours’ notice in writing of his intention to end the hire period, and obtain an off-hire reference from the Supplier. Hire charges will cease from that agreed date provided that the equipment is returned within the period of notice. For this purpose Saturdays, Sundays and all Bank and Public Holidays are not working days. Counting procedures for off-hired equipment will always take place after return to the Supplier’s premises. If the Supplier agrees to collect the equipment upon termination from a location specified by the Hirer, at an agreed carriage charge, counting procedures for off-hired equipment collected will take place only after return to the Supplier’s premises. If the Supplier is unable for whatsoever reason to collect any off-hired equipment from the location specified by the Hirer, the Hirer shall be bound to pay the Supplier’s carriage charge in any event, and the equipment will continue to attract hire charges until subsequently recovered by the Supplier. It is the Hirer’s responsibility to ensure the safekeeping of the equipment until the equipment is returned to the Supplier’s premises, even if the Supplier is collecting the equipment. It is for the Hirer to note that delivery and collection dates are estimates. They must ensure the adequate safekeeping of the equipment until its physical return to the Supplier’s premises. All returns will be notified to the Hirer by the Supplier and any disputes must be notified to the Supplier in writing within 10 working days. The Hirer is responsible for loading the equipment onto the Supplier’s vehicles and/or any third party vehicle provided by the Supplier. In particular, the Hirer shall provide the necessary machinery and provide the necessary groundwork conditions to load the equipment onto the vehicles. The Hirer will not overload the vehicles and must load the vehicles in accordance with all the statutory provisions including but not limited to the Road Traffic Act. The Hirer will indemnify the driver of the vehicle for all fines and legal costs incurred by the driver or the Supplier in the event of a breach of this condition.
7.5 Information
The Hirer shall, at the request of the Supplier, inform the Supplier in writing within one working day of the receipt of such request, of the location of all equipment currently on hire. The Hirer shall permit the Supplier and any person authorised thereby at all times to enter the premises in which the equipment is situated to inspect and examine the equipment. The Supplier may at its discretion render a charge for the value of the equipment should there be any reason to doubt the continuing possession and control of the equipment by the Hirer.
8.0 NON-RETURNED EQUIPMENT ETC.
1. The Hirer accepts full responsibility for the care, safekeeping and return in good order of the equipment and shall at all times keep it in his possession and control until such time as the Supplier takes the equipment back into the Supplier’s own possession.
2. The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any equipment returned damaged or unclean. Additionally the Hirer will pay to the Supplier a charge equating to the financial losses reasonably incurred by the Supplier while such rectification is carried out.
3. The Hirer shall notify the Supplier immediately upon the loss of any of the equipment, howsoever arising, and shall be liable to pay the hire charges in respect of the lost equipment up to and including the date on which the notification of loss is received by the Supplier.
4. In the case of equipment lost through theft the Hirer shall also report the loss as soon as reasonably practical to the police and as soon as reasonably practical thereafter obtain and advise the Supplier of the crime report number.
5. The Supplier reserves the right to continue to levy hire charges until any and all sums due under paragraphs 1) to 4) above have been recovered from the Hirer.
8.1 Insurance and Responsibility for Lost/Stolen Equipment
The Hirer agrees to pay the Supplier the full new list sale rate for any equipment which is lost or stolen or damaged beyond economic repair, and without any deduction for usage, wear and tear or age, and should insure the goods on this basis. All monies received by the Hirer from an Insurance Company or from any other source in settlement of any claim relating to the loss, theft or damage of equipment, shall, to the extent that any payment is due to the Supplier under this condition be held in trust by the Hirer (or successor/assigned body) and paid to the Supplier on demand. In the event of loss or damage to the equipment the Supplier’s loss shall be payable in full on demand and such payment shall not be conditional on prior recovery by the Hirer of any sums under a policy of insurance or from any other source. Notwithstanding this condition, to the extent that any payment remains due to the Supplier under it, all monies to the amount of that payment received by the Hirer from a policy of insurance or any other source in settlement of a claim relating to the loss, theft or damage of equipment shall be held by the Hirer on trust for the Supplier and paid to the Supplier on demand.
8.2 Recovery of Equipment
The Hirer will take all practical steps to secure a proper return of lost or stolen equipment. In the event of lost or stolen equipment being subsequently recovered it shall be returned by the Hirer to the Supplier. The Hirer will be credited with the value of that equipment less the appropriate hire charges from the date on which the Supplier received notification of loss to the date of return.
9.0 MAINTENANCE OF EQUIPMENT
The Hirer will keep acquainted with the state and condition of the equipment and ensure it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of equipment must be immediately notified in writing to the Supplier.
9.1 Damage
All equipment will be inspected on its return to the Supplier’s premises. Any such equipment in the opinion of the Supplier deemed to be damaged or unusable will be charged for at the Supplier’s rates, as specified from time to time. Prior to levying such charge the Supplier will serve 10 days’ notice upon the Hirer and during that period will afford the Hirer the opportunity at any reasonable time to inspect the damage for which the charge is made.
10.0 SAFETY
The Supplier will provide the Hirer with appropriate instructional material where reasonably practicable and the Hirer will ensure that this is passed onto the operatives using the equipment, whom the Hirer shall in any event ensure are competent in the erection and/or use of the equipment by reason of such operatives having received adequate training therein. The equipment shall not be used for any purpose that it is not designed for.
11.0 PERIOD OF HIRE
The date of collection or delivery will be the effective date of the commencement of hire charges. The equipment hired will be subject to a minimum hire period, as specified in the Supplier’s price list from time to time. Hire charges are calculated weekly, fractions of a week being charged on a daily basis, the charge for one day being 1/7th of the weekly charge, except for each item where there is a specific minimum hire period. The date of dispatch and the date of collection shall be whole days. No allowance will be made for holiday periods or inclement weather or for any reason whatsoever beyond the Supplier’s control including strikes, lock-outs, cessation of labour, transport delays, Government interference or control or any other cause of contingency. The Supplier may at its sole discretion and subject to availability and at the request of the Hirer, add, subtract or substitute to the equipment let on hire without creating a modifying agreement within the meaning of the Consumer Credit Act 1974.
12.0 VARIATION ON PRICES
Any quotation stands as an invitation to treat. The Supplier reserves the right to increase prices. After acceptance the Supplier may increase any price including that of equipment already on hire on 28 days’ notice in writing to the Hirer, and may correct any obvious errors that appeared in the quotation.
13.0 OUTSTANDING ACCOUNTS AND PAYMENT
The Supplier reserves the right to charge compound interest at the rate of two and a half per cent per month (on a daily basis) on all sums outstanding after the date for due payment. This entitlement to interest shall be without prejudice to the Supplier’s right to terminate the hire by reason of non-payment. Interest shall continue to accrue after such termination until payment of all overdue amounts has been received. All prices quoted will be deemed to be the Supplier’s list prices unless agreed by the Supplier in writing. Any prices agreed which differ from the Supplier’s list price will only remain applicable on the condition that the payment terms will be complied with, full charges may be substituted thereafter. Should a dispute arise in respect of any specific item described by any specific invoice, the customer shall not be entitled during the course of this dispute to withhold any sums for payment beyond those specifically relating to the disputed item(s). A counter-claim against the Supplier will only be accepted for deduction from any payment made to the Supplier where the Supplier has agreed to such a deduction in writing. No amount which might be due for payment to an associate company or to the parent company of the Hirer will be deemed to be acceptable as a counter-claim in this contract.
14.0 TERMINATION
If the Hirer commits any breach of this, or any other contract with the Supplier, or ceases business, or stops payments to or makes deeds of arrangement, assignment or composition with its creditors or being a company that enters any form of insolvency process whether compulsory or voluntary or suffers or allows the appointment of a receiver or provisional liquidator, or suffers any distress or execution whether legal or equitable or any attempt thereat upon any of the Hirer’s property, or has an unsatisfied judgment against it for 14 days or more, or commits any act of bankruptcy, or has an order or notice of resolution for winding up proposed or made against it, or dishonours any cheque drawn upon it, then the Hirer shall be deemed to have repudiated this contract. The Supplier may then immediately re-possess the equipment and recover any monies due as well as damages for repudiation without prejudice to any other rights and remedies.
15.0 OWNERS RIGHTS
Where the Hirer takes the equipment on hire intending to re-hire the equipment to a third party, the Hirer is deemed to retain control of the equipment whether or not it might remain in the Hirer’s possession. The Hirer shall be solely responsible for the payment of all hire charges raised by the Supplier and for all charges raised by the Supplier in respect of damage to or loss of the equipment. It is the sole responsibility of the Hirer to return the equipment to the Supplier. The Supplier will not deal directly with any third party in this context.
16.0 HIRER’S INDEMNITY
The Hirer shall indemnify the Supplier against any loss, damage, claims or proceedings, and against any costs or expense arising out of or in connection therewith, in respect of any injury to or death of any person or damage to any property real or personal caused by or arising out of or in the course of the use or misuse of the equipment by any person (other than that caused by the Supplier) or arising out of this contract. The Hirer shall effect to keep in force at all times Policies of Insurance in respect of the Hirer’s liabilities under this condition.
17.0 TITLE
The equipment, notwithstanding its loss or theft and any payment from the Hirer to the Supplier in respect thereof, will at all times remain the property of the Supplier. The value of any equipment thereafter returned to the Supplier by the Hirer will be credited to the Hirer and all hire charges in respect of this equipment will be reinstituted up to and including the time the equipment is returned to the Supplier. Should the Supplier sell for whatever reason their hire stock that has been marked with their security paint (‘the Paint’) it is the Hirer’s responsibility to remove all visible traces of the Paint and the sale is conditional on the removal of the Paint. Title to any sold equipment does not pass to the Hirer until all visible traces of the Paint have been removed and title to any equipment bearing the Paint remains with the Supplier whether or not the items have been paid for. The Hirer will remove all visible traces of the Supplier’s paint within 90 days or such further period as may be agreed by a Director of the Supplier in writing of the date of the Supplier’s invoice for goods failing which title to the equipment will remain with the Supplier whether or not the goods have been paid for. It is agreed between the parties that the purpose of this clause is for the overall protection of the Supplier’s general hire fleet. It is the Hirer’s responsibility to ensure that it agrees with a Director in advance of any such transaction of the Supplier in writing a sufficient period of time to remove the Paint, failing which 90 days referred to in this clause will prevail.
18.0 IDENTIFICATION OF EQUIPEMENT
All components are to be returned in the exact dimensions supplied. Only equipment provided by the Supplier and identified by the Supplier as such will be accepted at the end of the hire period.
19.0 VALUE ADDED TAX (VAT)
Unless specifically stated otherwise, prices and rates shown in quotations, contracts, invoices, certificates and correspondence are exclusive of VAT, which will be payable to the Supplier as an addition to the rates chargeable at the rates laid down from time to time by the Law. The Supplier shall be entitled to adjust the rates and amount of VAT retrospectively or otherwise comply with any rulings made by H.M. Customs and Excise affecting any goods sold, hired or provided by the Supplier.
20.0 If the Hirer wishes to change the status of any account to any other legal identity than the one accepted by the Supplier such a change will only take effect if specifically authorised and accepted in writing by a Director of the Supplier. The change of salutation of any paperwork including but not limited to invoices and delivery notes is specifically not an indication the Supplier has accepted any change in the contractual relationship with the Hirer.
21.0 If the Hirer breaches any of the terms of this contract, the Hirer shall be liable to pay the Supplier’s reasonable costs and expenses (including any legal costs to be assessed on the standard basis including legal costs incurred in the Small Claims track of the County Court as if such case had been assigned to the Fast Track) incurred in enforcing any of the Supplier’s rights under this contract.
22.0 LAW
This Agreement is governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising under or in connection with this Agreement. Each Party waives any right it has to object to an action being brought in the English Courts or to claim that any such action has been brought in an inconvenient forum. It is intended between the parties that each and every clause in these conditions is legally binding and enforceable. No clause in these conditions is intended to be an agreement to agree.
