Conditions of Sale
No property in the goods shall pass until the purchase price and any interest due has been paid in full and the buyer shell have custody of the equipment as agent and bailed of the seller only but shall be responsible for all loss, destruction or damage there to, and shall store the goods in such a manner as to indicate clearly that the property remains vested in the seller.
If the purchase price shall not be paid in full with 30 days of the date hereof the seller may at anytime thereafter require the buyer forthwith to return the equipment but if the buyer does not immediately return the equipment the seller shall be entitled to recover it from the buyer and charge the buyer the cost of so doing, and the buyer hereby grants a licence to the seller to enter upon the premises of the buyer to effect such a recovery.
The buyer having inspected the equipment, it is agreed that the equipment is suitable for the buyer's purposes and that the seller shall not be responsible for any defect in the equipment except insofar as the seller has itself received any assignable guarantee in which case such guarantee will on request be assigned by the seller to the buyer.
Interest shall be payable on the whole or any part of the purchase outstanding if it has not been paid in full within 30 days after it becomes due, such interest to be charged at a rate of 13% per annum on sums outstanding from the date hereof until the date of payment in full, interest to be calculated on a daily basis.
Conditions of Hire
"The Owner" is Red Survey Ltd.
"Hirer" is the party named on the hire documents
Payment
The hire charge accrues on a daily basis from the date of despatch until the date upon which the equipment returns to the owner.
Unpaid hire charges and any other sums due hereunder incur interest at the rate of 13% per annum (calculated on a daily basis) from the date of payment whether before or after judgment.
In those instances where an initial cash hire is paid by credit card and the hire transaction extends into a continuous hire then the Owner reserves the right to charge the credit card with any unpaid charges arising there from on a weekly basis. The Hirer will be informed by the Owner of such charges as and when they are incurred.
Hirer's Responsibilities
Every possible effort has been made to ensure that the equipment is serviceable and suitable but the hirer must satisfy himself of this before the start of the hire and the owner is not liable in any defects, failure or inaccuracies in the equipment.
The hirer shall keep the equipment in good repair and condition and on termination of the hire shall return the equipment in the same state of repair and condition as it was at the start of the hire, failing which the hirer shall be liable to the owner for any loss damages and costs suffered directly or indirectly by the owner as a result.
The hirer shall use the equipment in Great Britain only and shall not permit it to be used elsewhere.
The hirer shall use the equipment for its proper purpose only an shall not hire let or otherwise part with possession of it.
The hirer shall insure the equipment in its full replacement value against all risks of a comprehensive policy.
If the equipment is lost stolen or damaged beyond economic repair the hirer must pay on demand the current retail price as published.
If payment in full is received for losses or damage the owner reserves the right to continue any hire charges until payment is received in full. Hire charges are calculated on weekly basis.
Termination
The hiring shall terminate and the hirer shall forthwith return the equipment to the owner if:-
The agreed term of the hire expires, or
Any payment due from the hirer remains unpaid 30 days from the earlier of the date due or the relevant invoice, or
If the hirer is an individual partnership, on an act of insolvency, or
If the hirer is a limited company on the appointment of a Receiver or on the entering of any judgment against the company or on the initiation of winding up proceedings (whether by resolution, notice, petition or otherwise) or in any arrangement being made with creditors or
On the hirer giving the owner 7 days written notice of termination.
On termination if the hirer does not immediately return the equipment, the owner shall be entitled to recover it , from the hirer and charge the hirer the cost of so doing and the hirer hereby grants a licence to the owner to enter the premises of the hirer to effect such recovery.
Definitions
"Buyer" means the individual or organisation who buys, or agrees to buy the goods from the seller.
"Contract" means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions.
"Goods" means the articles that the buyer agrees to buy from the seller.
"Seller" means Red Survey Ltd,Park Street,Castle Cary,Somerset.BA7 7EJ
"Terms and Conditions" means the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Conditions
Nothing in these terms and conditions shall affect the buyer's statutory rights.
These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer's acceptance of these terms and conditions.
Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
Ordering
All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
In the unlikely event that the goods ordered by the buyer are not available from stock, the buyer shall be notified and given the option to either wait until the goods are available from stock, or cancel the order and receive a full refund within 30 days.
Warranty
If the products the seller delivers to you are not as ordered, or are damaged, defective or of incorrect quantity, the seller's liability shall be limited to replacing the damaged or defective products, or making good the shortfall in quantity or at the seller's option crediting the price and delivery charges of those products to the buyer. The seller shall not be liable to the buyer for failure to deliver products ordered by the buyer unless notified to the seller within 42 days of the date of order. The buyer's liability shall be limited to delivering the products ordered or at the seller's option, crediting the price and delivery charges of the non-delivered products to the buyer.
The seller shall not be liable for any direct, indirect, special or consequential loss or damage including loss of profit or any other form of compensation. Nothing in these terms and conditions shall be construed to limit the seller's liability for death or personal injury caused by its negligence.
This does not affect your statutory rights.
Force Majeure
The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the seller shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to Terms and Conditions
The seller shall be entitled to alter these terms and conditions at any time but this right shall not affect the existing terms and conditions accepted by the buyer upon making a purchase.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
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