Providing lighting, sound, visual
& security solutions across the North East.

Standard Terms & Conditions

Prepared on 01/7/2010

Damascus Road Technical Services Ltd
Terms & Conditions of Sale or Hire

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1 Definitions

1.1 Damascus Road Technical Ltd is referred to in these conditions as “we”, “our” or “us”.

1.2 The customer is referred to as “you” or “your”

1.3 “Contract” means the contract for the hire or sale of goods or equipment by us to you entered into between you and us in accordance with clause 2 of these conditions.

1.4 “Deposit” means any payment required by us in advance in relation to the equipment and which is to be held as security by us.

1.5 “Goods or Equipment” means the goods or equipment to be sold or hired by us to you as described in our quotation or your order subject to acceptance by us or earlier delivery by us in accordance with clause 2.4 of these conditions.

1.6 “Hire Period” will be the period agreed in advance and includes a start date which will be when the equipment is collected by you or delivered by us and an end date which is when the equipment is returned to us or collected by us.

1.7 “Location” means the premises where the goods or equipment will be delivered/collected or situated during the hire period

2 Application of conditions

2.1 These conditions govern the contract made between Damascus Road Technical Services Ltd and the customer for the sale or hire of goods and equipment and shall apply to the exclusion of any terms or conditions you may purport to apply under any order, offer, counter-offer, confirmation of order or other document.

2.2 No variation to these conditions shall have effect unless expressly agreed in writing and signed by one of our duly authorised representatives.

2.3 Each quotation shall describe the goods and equipment to be supplied together with the costs or hire charges, the payment dates, the hire period and the collection or delivery time and location where applicable.

2.4 The Contract shall not come into existence until we accept your order or, if earlier, on collection or delivery of the goods or equipment.

2.5 These conditions do not affect or limit any statutory rights which you may have if you are a consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1999 or any statutory amendment thereof.

3 Delivery and collection of Goods

3.1 Unless expressly stated in our quotation, delivery charges are not included in our costs or hire charges. Where we provide a quotation for delivery, this will include the time required to carry out standard delivery services of loading and unloading at the location specified by you.

3.2 Where delivery or collection is delayed, postponed and/or cancelled due to your acts or omissions, we reserve the right to apply additional charges, which will cover our reasonable additional costs incurred.

3.2 At the agreed delivery location, you will ensure there is sufficient access to and from the premises to enable loading or unloading to be carried out safely. You are responsible for all directions or instructions given and for all damage which may arise as a result of following these directions or instructions.

3.3 Where collection takes place from our premises, you will be responsible for the loading, unloading and transportation of the goods or equipment by you or your agents.

3.4 Equipment must be returned promptly at the end of the hire period. Where this does not happen, we may at our sole discretion make additional charges. These will be applied at a daily pro rata rate until the equipment is returned by the agreed method. In addition, we may at our sole discretion charge any reasonable costs incurred through the non return of the equipment, such as the hire of equipment from another company, to ensure our commitments to other customers are met.

3.5 Where goods or equipment are collected and returned to our premises, this must be at the pre-agreed time stated in the contract.

4 Your responsibilities during a hire period

4.1 At the start of the hire period, you must inspect the equipment and notify us in writing within three working days of any defects in the equipment. In the absence of notification, the equipment will be deemed to be free of defects and in full working order on delivery except for any defect which is inherent or not ascertainable by inspection.

4.2 Your responsibility for the equipment commences on receipt of the equipment by you or your agent and ends when you are in possession our receipt for the return of all the equipment in clean and serviceable condition.

4.3 During the hire period, you must:

4.3.1 keep the equipment in good condition and full working order (fair wear and tear excepted) and ensure it remains in a safe, serviceable and clean condition;

4.3.2 arrange a proper supply of electricity for use with the equipment and ensure that the equipment is properly earthed at all times.

4.3.3 keep the equipment in your possession and control at the location unless we have agreed in writing to for the equipment to be stored off site;

4.3.4 allow us reasonable access to any location where they are kept;

4.3.5 use the equipment only for the proper purposes for which they are

designed and in accordance with any instructions provided or supplied to you by us;

4.3.6 ensure that anyone who uses the equipment has been properly instructed in its safe and proper operation and that every user is in possession of necessary instructional material which will ensure that the equipment will not be misused.

4.3.7 not remove any markings from the equipment showing our ownership and, if requested by us at any time, confirm our ownership of the equipment;

4.3.8 not alter, modify or add anything to the equipment without first obtaining our written consent;

4.3.9 not at any time sell, dispose or otherwise part with control of the equipment or attempt to do so.

4.3.10 at all times fully indemnify us against any expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non use, repossession, collection, return or non return of the equipment.

5 Breakdown

5.1 In the event of any breakdown or failure of the equipment during the hire period, you must inform us immediately. You must not repair or attempt to repair the goods or equipment without our authority. Unless we agree otherwise, the goods or equipment must be returned to our premises for examination and repair.

5.2 You will be required to pay all reasonable costs of repairs which arise other than from fair wear and tear or an inherent fault in the equipment.

5.3 In the event the goods or equipment is involved in any accident causing damage to the equipment, other property or injury to any person, you must notify us immediately, followed by a written report as soon as practically possible.

5.4 Our liability for any defect in the goods or equipment shall be limited to and in no case exceed:-
(a) Any manufacturer's warranty sold with goods or equipment; or if there shall be none;
(b) Replacement or repair of the defective good or equipment; or
(c) At our sole discretion, a refund of the price.

6 Payment

6.1 All sums due for either goods or equipment stated in the contract must be paid prior to the supply of goods or commencement of the hire period, unless expressly stated in the contract.

6.2 Punctual payment allows us to keep our charges low and we may at our sole discretion charge you interest (both before and after judgment until payment in full, including interest, is received) at the rate of 4% over our banker’s base rate from time to time, accruing daily, in respect of any overdue sums. The payment of such interest shall be without prejudice to any other rights or remedies open to us.

6.3 You must pay all sums due to us in full without any deduction, set-off or counterclaim.

6.4 In the case of equipment which is lost, stolen or damaged beyond economic repair during a hire period, we may at our sole discretion, charge you at the full daily rate together with interest and consequential loss until the equipment is replaced.

7 Insurance during a hire period

7.1 During a hire period, you must insure the goods against the full retail cost of any equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear, tear or age).

7.2. All monies received by the customer from any insurance company or third party in settlement of any claim must be held in trust by the customer and paid to us on demand to the extent that any such payment is due under this clause.

7.3 You must not compromise or settle any claim without our express consent.

8 Electrical Equipment during a hire period

8.1 Any part of the equipment which is electrical should normally be used with plugs and/or sockets as fitted. If fitted temporarily with other suitable plugs or sockets such fitting must be carried out by a competent person and it must also be returned to its original condition. In this case the customer will be charged for the PAT testing of such equipment at our standard rates.

8.2 You will be responsible for compliance with the Electricity of Work Regulations 1989 throughout the Hire Period.

9 Cancellation and early termination

9.1 Should you cancel this contract before the hire period, we may at our sole discretion, apply a cancellation charge which will include any costs incurred by us in allocating resource to carry out the contract and any loss incurred by our inability to obtain orders from other parties which we may otherwise have obtained. Where cancellation for a hire period is less than 14 days prior to the hire period, we reserve the right to charge you a cancellation fee up to the total value of the hire. We may retain your deposit as payment or part payment of any
cancellation charge arising.

9.2 In the following circumstances, we may immediately terminate the Contract or the hiring of the equipment to you by giving you written notice:

9.2.1 where the payment of any sum due to us becomes overdue;

9.2.2 where you are in breach of any of your obligations stated in these conditions;

9.2.4 where you enter a voluntary agreement, have a winding up petition made or presented against you or you enter into liquidation or call a meeting of creditors or have a receiver, received manager, administrator or administrative receiver appointed over all or part of your undertaking or assets.

9.2.5 where it no longer becomes possible to maintain a contractual relationship with you because of a change in your legal entity.

10 General

10.1 If any provision of these conditions is judged by a court to be unlawful, void or unenforceable at law then such provision shall be severed and the remainder of the conditions shall continue in full force and effect.

10.2 The Contract shall be subject to an interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.