Terms & Conditions

Conditions Of Sale

Definition
1. In these Conditions “B&B” shall mean B & B Attachments Limited
2. “Customer” shall mean the person who accepts a quotation of B&B for the sale of the Goods or whose order for Goods is accepted by B&B
3. “Goods” means the goods (including any installment of the goods or any part of them ) which B & B is to supply in accordance with these conditions
4. The headings in these Conditions are for convenience only and shall not affect their interpretation
Prices and Payment
1. The price payable by the Customer shall be the price ruling at the date of dispatch of the Goods by B&B to the Customer notwithstanding any other price or prices indicated, estimated or quoted to the Customer and B & B reserves the right to increase the price of the Goods at any time before delivery on giving notice to the Customer
2. All prices are given by B & B on an ex works basis and the Customer shall be liable to pay B & B ’ s charges for transport packaging and insurance. The price is exclusive of any applicable Value Added Tax which the Customer shall in addition pay to B & B
3. The Customer shall pay the price of the Goods within 30 days after the date of B & B’s invoice or the date for payment specified therein and B & B shall be entitled to recover the price notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract
4. If the Customer fails to make payment on the due date then B & B shall be entitled to:
  1. Cancel the Contract or suspend any further deliveries to the Customer
  2. Appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the customer and B&B) as B B may think fit notwithstanding any purported appropriation by the Customer and
  3. Charge the Customer interest both before and after any judgement on the amount unpaid at the rate of 11/2% per annum
Orders & Specification
1. No orders submitted by the Customer shall be deemed to be accepted by B & B unless and until confirmed in writing by B&B’s authorised representative
2. The Customer shall be responsible to B&B for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for giving B&B any necessary information relating to the Goods within a sufficient time to enable B&B to perform the Contract in accordance with its terms
3. The quantity quality and description of and any specification for the Goods shall be those set out in B & B’s quotation if accepted by the Customer or the Customer’s order accepted by B & B
4. If the Goods are to be manufactured or any process is to be applied to the Goods by B & B in accordance with a specification submitted by the Customer, the Customer shall indemnify B & B against all loss damages costs and expenses awarded against or incurred by B & B in connection with or paid or agreed to be paid by B & B in settlement of any claim for infringement of any patent copyright design trade mark or other industrial or intellectual property rights of any other person which results from B & B’s use of the Customer’s specification
5. B & B reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EEC requirements or where the Goods are to be supplied to the Customer’s specification which do not materially affect their quality or performance
6. No order which has been accepted by B & B may be cancelled by the Customer except with the agreement in writing of B & B and on terms that the Customer shall indemnify B & B in full against all loss (including loss of profit) costs (including the cost of all labor and materials used) damages charges and expenses incurred by B & B as a result of cancellation
7. B & B may cancel the Contract at any time before the Goods are delivered by giving written notice. On giving such notice B & B shall promptly repay to the Customer any sums paid in respect of the price. B & B shall not be liable for any loss or damage whatever arising from such cancellation
Risk and Title
1. Risk of damage to or loss of the Goods shall pass to the Customer
  1. in the case of Goods to be delivered at B & B’s premises at the time when B & B notifies the Customer that the Goods are available for collection or
  2. in the case of Goods to be delivered otherwise than at B & B ’ s premises at the time of the delivery or if the Customer wrongfully fails to take delivery of the Goods at the time when B & B has tendered delivery of the Goods
2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until B & B has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by B & B to the Customer for which payment is then due
3. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as B & B’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as B & B’s property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to B & B for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured
4. Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) B & B shall be entitled at any time to require the Customer to deliver up the Goods to B & B and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods
5. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of B & B, but if the Customer does so all moneys owed by the Customer to B & B shall (without prejudice to any other right or remedy of B & B) forthwith become due and payable
Delivery
1. Delivery of the Goods shall be made by B & B delivering the Goods to the Customer’s premises (unless some other place for delivery or collection by the Customer from B & B’s premises is agreed)
2. Any dates quoted for delivery of the Goods are approximate only and B & B shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence
3. If B & B fails to deliver the Goods for any reason other than any cause beyond B & B’s reasonable control or the Customer’s fault, and B & B is accordingly liable to the Customer, B & B’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods
4. Where the Goods are to be delivered in installments each delivery shall constitute a separate contract and failure by B & B to deliver any one or more of the installments in accordance with these Conditions or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the Contract as a whole as repudiated
Information/Health and Safety
1. B & B will provide to the Customer information as to the proper and safe use of the Goods and the Customer warrants it will at all times obey and comply with B & B’s instructions or other information relating to the use of the Goods
Technical Drawing and Copyright
1. The specification and design of the Goods (including the copyright design right or other intellectual property in them) shall as between the parties be the property of B & B. Where any designs or specifications have been supplied by the Customer for manufacture by or to the order of B & B the Customer warrants that the use of those designs or specifications for the manufacture processing assembly or supply of the Goods shall not infringe the rights of any third party
2. The Customer hereby agrees fully and effectively to indemnify B & B on demand for and against all proceedings, costs, claims, damages and expenses suffered or incurred by B & B arising out of any use those designs and specifications in breach of copyright of any third party
3. All specifications drawings and designs supplied to the Customer by B & B are returnable forthwith upon request and shall not without the previous consent in writing of B & B disclosed or made available to any third party
Warranties and liability
1. Subject to the conditions set out below B & B warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of six months from delivery
2. The above warranty is given by B & B subject to the following conditions:
  1. B & B shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer
  2. B & B shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow B & B’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without B & B’s approval or any repair effected with B & B’s approval but using parts not supplied by B & B
  3. B & B shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment or if the Goods have not been used or maintained in accordance with recommendations from B & B
3. Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
4. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to B & B within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify B & B accordingly, the Customer shall not be entitled to reject the Goods and B & B shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Goods rejected by the Customer (for whatever reason) shall be returned to B & B by the Customer carriage paid in their original packaging
5. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to B & B in accordance with these Conditions, B & B shall be entitled to replace the Goods (or the part in question) free of charge or, at B & B’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but B & B shall have no further liability to the Customer. B & B may at its option and the Customer’s cost effect repairs to or replacement of the Goods if such repair or replacement is (in B & B’s opinion) necessary to remedy any defect caused by the Customer
6. Except in respect of death or personal injury caused by B & B’s negligence, B & B shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of B & B, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer except as expressly provided in these Conditions
7. Without prejudice to any other limitation or exclusion of liability under these Conditions B & B’s total liability for any one claim or the total of all claims arising from any one act or default of B & B (whether arising from B & B’s negligence or otherwise) shall not exceed the price of the Goods through which the loss or damage arises
8. B & B shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of B & B’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond B & B’s reasonable control
Insolvency of Customer
1. This clause applies if:
  1. The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);or
  2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;or
  3. The Customer ceases, or threatens to cease, to carry on business;or
  4. B & B reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly
2. If this clause applies then, without prejudice to any other right or remedy available to B & B, B & B shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
Export terms
1. Where the Goods are supplied for export from the United Kingdom, the provisions of this clause shall (subject to any special terms agreed in writing between the Customer and B & B) apply notwithstanding any other provision of these Conditions
2. The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the Country of destination and for the payment of any duties thereon
3. Unless otherwise agreed in writing between the Customer and B & B , the Goods shall be delivered fob the air or sea port of shipment and B & B shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979
4. The Customer shall be responsible for arranging for testing and inspection of the Goods at B & B premises before shipment. B & B shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit
General
1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby
2. No waiver by B & B of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision
3. The provisions of these Conditions of sale shall be read and construed according to English law and the parties submit to the exclusive jurisdiction of the English Courts
4. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice

Conditions of Website

Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 [Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].]

Copyright notice

1.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) [stream audio and video files from our website; and]

(e) [use [our website services] by means of a web browser,]

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) [access or otherwise interact with our website using any robot, spider or other automated means;]

(f) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

4.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

4.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

4.4 You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

Limitations and exclusions of liability

5.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

5.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

5.3 [To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.]

5.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

5.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

5.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

5.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

5.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]

Breaches of these terms and conditions

6.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

6.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

7.1 We may revise these terms and conditions from time to time.

7.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

7.3 [If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.]

Third party rights

8.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

8.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

Law and jurisdiction

9.1 These terms and conditions shall be governed by and construed in accordance with [English law].

9.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].

Conditions for Purchase of Goods

No terms or conditions submitted at any time by the Supplier shall form any part of the Contract. In the event of a conflict between any of these Conditions and any specific term or condition (whether in the Contract or otherwise) referred to in the Purchase Order, the latter shall prevail.

DEFINITIONS

1.1 In these Conditions:

"Contract" means the contract between the Purchaser and the Supplier consisting of the Purchase Order, these Conditions, and any other documents (or parts thereof) specified in the Purchase Order;

"Delivery means the date on which the Goods

Date" are to be delivered to the Purchaser, as specified in the Purchase Order

"Goods" means any such goods supplied to the Purchaser by the Supplier pursuant to or in connection with the Purchase Order;

"Price" means the price of the Goods as specified in the Purchase Order;

"Purchaser"means B&B Attachments Ltd

"Purchase means the document setting out the

Order" Purchaser's requirements for the Contract;

"Supplier" means the person, firm or company who is the supplier of the Goods named in the Purchase Order.

1.2 The headings in these Conditions are for convenience only and shall not affect its construction or interpretation.

VARIATION

2.1 These Conditions may only be varied with the written agreement of the Purchaser.

2.2 The Purchaser reserves the right by reasonable notice to the Supplier to vary the Goods detailed in the Purchase Order and any alteration to the Price or delivery date arising by reason of such modification shall be agreed between the parties and evidenced in writing.

2.3 The Contract shall become binding and these Conditions shall be deemed to have been accepted by the Supplier on the acceptance of the Purchase Order by the Supplier (either verbally or in writing) or on delivery of the Goods, whichever is the earlier.

GOODS

3.1 The Supplier warrants and represents to the Purchaser that the Goods shall:

3.1.1 conform in all respects with any particulars or specification specified in the Purchase Order including any variations;

3.1.2 conform in all respects with the requirements of any statutes, orders, regulations or bye-laws from time to time in force;

3.1.3 be of satisfactory quality and free from defects in materials and workmanship; and

3.1.4 be fit and sufficient for the purpose for which such goods are ordinarily used and for any particular purpose made known to the Supplier by the Purchaser and the Purchaser relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Purchase Order.

PRICE

4.1 The Supplier shall not increase the Price unless it is validly accepted by the Purchaser and agreed in writing before the execution of the Purchase Order.

4.2 Unless expressly agreed otherwise between the parties in writing, the Price shall be inclusive of all delivery and insurance costs, VAT and any other applicable sales taxes, duties or levies.

4.3 Unless otherwise agreed in writing by the Purchaser, the Supplier shall render a separate invoice in respect of each consignment of the Goods delivered under the Purchase Order. The Purchaser undertakes to pay correctly submitted invoices within nett monthly 60 days of receipt from the day of physical or electronic arrival at the nominated address of the Purchaser. Invoices shall not be rendered by the Supplier until completion of delivery of all the Goods which are the subject of the Purchase Order or of the consignment (as appropriate).

4.4 A valid invoice is one that is:

- delivered in timing in accordance with the contract;

- that is for the correct sum;

- in respect of goods / services supplied or delivered to the required quality (or are expected to be at the required quality);

- which quote the relevant purchase order / contract reference (where used)

- which has been delivered to the nominated address .

4.5 The Purchaser specifically reserves the right to withhold or deduct by way of set-off or otherwise from any monies due or to become due to the Supplier any monies due to the Purchaser from the Supplier.

4.6 The Purchaser shall not be liable for any orders or amendments to orders other than those issued or confirmed on the official Purchase Order and shall not be responsible for the payment of the Price for Goods supplied in excess of those required by the Purchase Order.

4.7 No payment of or on account of the Price shall constitute any admission by the Purchaser as to proper performance by the Supplier of its obligations under the Contract.

DELIVERY

5.1 The Goods shall be delivered to the place named on, and in accordance with, the Purchase Order. Delivery shall be completed when the Goods have been unloaded at the point of delivery specified in the Purchase Order and delivery has been accepted by the Purchaser or its authorised representative. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever or howsoever arising and the Supplier shall indemnify and keep indemnified the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (including death) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act, omission or negligence of the Supplier or any of its sub-contractors.

5.2 Where any access to the premises is necessary in connection with delivery or installation, the Supplier and its sub-contractors shall at all times comply with the reasonable requirements of the Purchaser's Head of Security or other authorised representative.

5.3 If Goods are delivered before the Delivery Date, the Purchaser shall be entitled to its sole discretion to refuse to take delivery or to charge for insurance and storage of the Goods until the Delivery Date.

5.4 Unless otherwise stated in the Purchase Order, the Supplier is responsible for obtaining and the cost of all the export and import licences for the Goods, and in the case of the Goods supplied from outside the UK, the Supplier shall ensure that accurate information is provided to the Purchaser as to the country of origin and the Supplier shall be liable for additional duties or taxes should the country of origin prove to be different to the one stated.

OWNERSHIP AND RISK

Ownership and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 8 below) shall pass to the Purchaser on delivery.

DAMAGE IN TRANSIT

7.1 On despatch of any consignment of the Goods, the Supplier shall send to the Purchaser at the address for delivery of the Goods, an advice note specifying the means of transport, the place and date of despatch, the number of packages and their weight and volume.

7.2 The Supplier shall, free of charge and as quickly as possible, either repair or replace (as the Purchaser shall elect in its sole discretion) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that:

7.2.1 in the case of damage to such Goods in transit the Purchaser shall within thirty (30) days of delivery give notice to the Supplier that the Goods have been damaged; and

7.2.2 in the case of non-delivery the Purchaser shall (provided that the Purchaser has been advised of the despatch of the Goods) within ten (10) days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered.

INSPECTION, REJECTION AND GUARANTEE

8.1 Nothing contained in these Conditions shall in any way detract from the Supplier's obligations under common law or statute or any express warranty or condition contained in the Purchase Order.

8.2 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests it may reasonably require in relation to the Goods and the Supplier shall afford all reasonable facilities and assistance free of charge at the Purchaser's premises. The Supplier shall make good any defects or deficiencies in the event of any failure (in the sole opinion of the Purchaser) to comply with the terms of the Purchase Order or the Contract. No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser of any rights or remedies in respect of the Goods.

8.3 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements in the Contract. Such notice shall be given within a reasonable time after delivery to the Purchaser of the relevant Goods. If the Purchaser rejects any of the Goods pursuant to this Condition 8.3, the Supplier shall at the Purchaser's sole option (without prejudice to its other rights and remedies) either:

8.3.1 repair the defective Goods as quickly as possible or (as the Purchaser shall elect in its sole discretion) replace the defective Goods with Goods which comply in all respects with the requirements under the Contract; or

8.3.2 refund to the Purchaser the Price in respect of the defective Goods.

8.4 The Supplier shall guarantee the Goods for a period of twelve (12) months from installation or eighteen (18) months from delivery, whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier). If the Purchaser shall, within such guarantee period or within thirty (30) days thereafter, give notice in writing to the Supplier of any defect in any of the Goods that have arisen during the guarantee period under proper and normal use, the Supplier shall (without prejudice to any of the Purchaser's other rights and remedies) as quickly as possible remedy such defects (whether by repair or replacement as the Purchaser shall elect in its sole discretion) without cost to the Purchaser.

8.5 Any Goods rejected or returned by the Purchaser pursuant to this Condition 8 shall be returned to the Supplier at the Supplier's risk and expense.

LABELLING AND PACKAGING

9.1 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaser's instructions and any statutory requirements and any requirements of the carriers. In particular the Goods shall be marked with the Order Number, the net, gross and the weights, details of the contents shall be clearly marked on each container and all containers of hazardous goods (and all relating documents) shall bear prominent and adequate warnings. The Supplier shall indemnify and keep indemnified the Purchaser against all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition 9.1.

9.2 All packaging materials will be considered non-returnable and will be destroyed unless the Supplier's advice note states that such materials will be charged for unless returned. The Purchaser accepts no liability in respect of the non-arrival at the Supplier's premises of empty packages returned by the Purchaser.

INTELLECTUAL PROPERTY

10.1 Except to the extent that the Goods are supplied in accordance with designs provided by the Purchaser, it shall be a condition of the Purchase Order that none of the Goods will infringe any patent, trade mark, design right (whether registered or not), copyright or any other right in the nature of intellectual property of any third party and the Supplier shall indemnify and keep indemnified the Purchaser against all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser or the Crown (as appropriate) may suffer or incur as a result of or in connection with any breach of this Condition 10.1.

10.2 All materials, equipment, software, inventions, specifications, instructions, plans or any form of intellectual property right in any of the foregoing ("Intellectual Property"):

10.1.1 furnished to or made available to the Supplier by the Purchaser pursuant to the Purchase Order are hereby assigned to and shall remain vested solely in the Purchaser; and

10.1.2 the Supplier shall not (except to the extent necessary for the implementation of the Purchase Order) without prior written consent of the Purchaser, use or disclose any such Intellectual Property or any information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to the Contract and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser or the Contract in any advertisement without the Purchaser's prior written agreement.

HEALTH AND SAFETY

11.1 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that:

11.1.1 all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed, manufactured, supplied and installed so as to be safe and without risk to the health or safety of persons using the same; and

11.1.2 that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the Goods will be safe and without risk to health.

11.2 In any event, the Supplier will comply with the duties imposed on it by the Health & Safety at Work etc Act 1974 or any amendment thereto and of all other statutory provisions, rules and regulations so far as they are applicable. The Supplier shall indemnify and keep indemnified the Purchaser against any and all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition 11.

INDEMNITY AND INSURANCE

12.1 Without prejudice to any rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 8 above) the Supplier shall indemnify and keep indemnified the Purchaser against any and all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (including death) to any person which may result directly or indirectly from any defect in the Goods or the negligence, acts or omissions of the Supplier or any of its employees, agents or sub-contractors.

12.2 The Supplier shall take out and maintain with a reputable insurance company a policy or policies of insurance that are normal for contracts of this nature and covering all the matters which are the subject of indemnities under these Conditions.

12.3 The Supplier shall at the request of the Purchaser produce the relevant policy or policies together with receipts or other evidence of payment of the latest premium.

12.4 The Supplier shall be liable under the provisions of the Contract (including Condition 12.1) whether or not it complies with the insurance provisions in this Condition 12.

12.5 Nothing in these Conditions or the Contract shall exclude or limit the liability of either party for death or personal injury caused by its negligence or for fraudulent misrepresentation.

CONFIDENTIALITY

13.1 The Supplier shall and shall procure that its staff shall keep secret and do not disclose any information of a confidential nature obtained by reason of the Contract except information which is in the public domain otherwise than as required to be by reason of a breach of this Condition 13 or disclosed by law.

13.2 The provisions of this Condition 13 shall apply during the continuance of the Contract and after its termination howsoever arising without limitation in time.

13.3 The parties acknowledge that, except for any information which is declared by the Client to fall within one or more of the exceptions in Clause 12.10, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Contractor hereby gives his consent for the Client to publish the Contract in its entirety, including from time to time agreed changes to the Contract, to the general public.

13.4 The Client may, at its sole discretion, redact information from the Contract prior to publishing for one or more of the following reasons:

(a) national security;

(b) personal data;

(d) information which is not in the public interest to disclose

(e) third party confidential information;

(f) IT security; or

(g) prevention of fraud.

13.5 The Client may consult with the Contractor to inform its decision regarding any redactions but the Client shall have the final decision in its absolute discretion.

13.6 The Contractor shall assist and cooperate with the Client to enable the Client to publish this Contract.

TERMINATION

14.1 In the event of a material breach of the Contract by either party, the non-breaching party may terminate the Contract with immediate effect by notice in writing.

14.2 The Purchaser may terminate the Contract with immediate effect by notice in writing to the Supplier if at any time:-

14.2.1 the Supplier passes a resolution that it be wound-up or that an application be made for an administration order or the Supplier applies to enter into a voluntary arrangement with its creditors;

14.2.2 a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Supplier's property, assets or any part thereof.

14.2.3 the court orders that the Supplier be wound-up or a receiver of all or any part of the Supplier's assets be appointed.

14.2.4 the Supplier is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986.

14.2.5 the Supplier (being an individual or partnership) is declared or adjudicated bankrupt or enters into any arrangement or composition with its creditors.

14.4 Nothing in this Condition 14 shall affect the coming into, or continuance in force of any provision of the Contract which is expressly or by implication intended to come into force or continue in force upon termination of the Contract.

ASSIGNMENT AND SUB-CONTRACTING

15.1 The Supplier shall not without the prior written consent of the Purchaser assign or transfer the benefit or burden of the Contract.

15.2 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract.

15.3 Where the Purchaser enters a sub-contract with a supplier or contractor for the purpose of performing the Contract, it shall cause a clause to be included in such sub-contract which requires payment to be made to the supplier or contractor within a specified period not exceeding thirty (30) days from receipt of a valid invoice as defined by the sub-contract requirement.

NOTICES

Any notices to be given under the Contract shall be delivered personally or sent by post or by e-mail transmission to the Services Manager (in the case of the Purchaser) or to the address set out in the Purchase Order (in the case of the Supplier). Any such notice shall be deemed to be served, if delivered personally, at the time of delivery, if sent by post, 48 hours after posting or, if sent by e-mail transmission, 12 hours after proper sending.

THIRD PARTY RIGHTS

The Contract is not intended to create any rights of any kind whatsoever enforceable by any person who is not a party to the Contract, including any rights enforceable under the Contracts (Rights of Third Parties) Act 1999.

SEVERABILITY

If any provision under this Contract is or becomes unenforceable, such provision shall not take effect and shall be deemed to be severed from the remainder of the Contract to the extent that the remainder of the Contract and the unaffected part of the provision shall continue to be fully enforceable.

WAIVER

No delay or omission by the Purchaser in exercising any of its rights under the Contract shall constitute a waiver of that right and any partial exercise of any such right shall not prevent any future exercise of the right.

LAW AND JURISDICTION

The Contract and any dispute arising under or in any way connected with the subject matter of the Contract (whether of a contractual or tortious nature or otherwise) shall be governed by and interpreted in accordance with English Law and the parties submit to the jurisdiction of the English courts only except that the Purchaser may seek injunctive relief outside such jurisdiction.

Conditions Of Hire

Definitions
1. "The Owner" means B & B Attachments Limited (Company Number 1532448) and its successors in title and assigns
2. "The Hirer" means the company firm organisation public authority or person hiring the Equipment
3. "The Contract" means any contract for the hire of the Equipment
4. "Delivery Date" has the meaning given in Clause 3.1
5. "The Equipment" means the attachments fittings or replacement parts for fork lift trucks and other vehicles detailed in the Rental Agreement overleaf and each and every component part record or manual for them and all replacements renewals or additions to and substitutions for them or any other product or any other item which the Owner agrees to hire to the Hirer subject to these conditions
6. "Hire Charges" shall have the meaning specified in Clause 6.1
7. "Hire Period" shall have the meaning specified in Clause 3.1
8. ‘Minimum Period of Hire" means the period specified in the Rental Agreement
9. "Rental Agreement" means the agreement made between the Hirer and Owner for the hire of the Equipment subject to these conditions
10. "Site" means the location specified in the Rental Agreement or such other place as is notified to the Owner by the Hirer
Application of these Conditions
1. The Owner agrees to hire to the Hirer and the Hirer agrees to take on hire the Equipment in accordance with any quotation of the Owner which is accepted by the Hirer or the Rental Agreement subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions
2. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Owner and the Hirer
3. Quotations shall be available for acceptance only for the period of fourteen days or as otherwise stated in the quotation and may be withdrawn by the Owner within such period by written notice
4. The Hirer shall inspect the Equipment upon delivery to the Site and shall notify the Owner in writing within three working days of any defect of the Equipment. If no such notification is given it shall be conclusively presumed that the Equipment is complete and in good order and condition and fit for the purpose for which it is required and in every way satisfactory to the Hirer
Term and Delivery
1. The period during which the Equipment will be hired to the Hirer shall commence upon the date specified in the Rental Agreement ("the Delivery Date") (or such other date as shall be agreed between the parties) and continue for the Minimum Period of Hire and thereafter subject to earlier termination as provided in these Conditions until return of the Equipment to the Owner or as specified in these Conditions ('the Hire Period')
2. The Owner shall use its reasonable endeavours to deliver the Equipment to the Site on or before the Delivery Date but shall have no obligation so to do and time shall not be of the essence of the Contract
3. The Hirer shall accept delivery of the Equipment upon notification from the Owner that the Equipment is ready for delivery and if the Hirer shall refuse or be unable for any reason to accept delivery within seven days after the said notification the Owner shall be entitled to terminate the Contract and the Hirer shall indemnify the Owner against any losses or expenses thereby suffered or incurred
4. The Hirer shall afford to the Owner or its representative all facilities reasonably required by it to enable delivery of the Equipment to take place
Approvals
1. The Hirer will obtain and fully comply with all approvals necessary to ensure that the Equipment and its use conform in all respects with the provisions of any national or local statute law or bye-law which may be applicable to the use security or safety of the Equipment and shall keep the Owner indemnified against all penalties and liability of every kind for any breach of the same
Cancellation
1. The Hirer shall not be entitled to cancel any Contract or reduce the quantity of Equipment to be hired save on terms that the Hirer shall pay to the Owner a sum equivalent to the Hire Charge for one calendar month
Hire Charges and Payment Terms
1. The Hire Charges for the Hire Period shall be inclusive of transport charges but exclusive of Value Added Tax which the Hirer shall in addition pay to the Owner
2. The Hire Charges quoted are for the total quantities of Equipment shown in the Rental Agreement and the Owner shall not be obliged to accept an order for part only at the rates of hire quoted
3. The Owner shall be entitled to increase the Hire Charges in the event of any increase in the price of labour or transport from the time of quoting or date of signature of the Rental Agreement until commencement of the Hire Period at any time during the Period of Hire
4. The Hirer shall pay to the Owner (by direct debit from the bank account specified in the Rental Agreement) without any discount or set off the amount of the Hire Charges plus Value Added Tax at the time or times specified in the Rental Agreement and if not so specified within thirty days of the date of the Owner's invoice
5. If the Hirer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Owner the Owner shall be entitled to:
  1. cancel the Contract or suspend any further deliveries to the Hirer
  2. charge the Hirer interest on the amount unpaid at the rate of two per cent per annum above Barclays Bank plc base rate until payment in full is made
6. The continuance of any Contract or the Hirer's liability for payment of Hire Charges shall not be affected in any way by the loss theft or any damage to the Equipment or non operation of the Equipment during maintenance or repair
7. The Hirer shall pay the Owner a sum equivalent to the Hire Charge apportioned on a daily basis for each day after the end of the Hire Period that the Equipment is retained by the Hirer or any third part
Owner's Obligation
1. The Owner shall at it's own expense carry out all periodical and other routine maintenance requirements in respect of the Equipment during the Hire Period. The Owner shall notify the Hirer of the date and time it will be undertaking such maintenance and the Hirer shall allow the Owner access to it's premises to effect such maintenance
2. Subject to Clause 7.1 the Owner shall at the expense of the Hirer undertake any and all repairs to the Equipment including the replacement of any parts of the Equipment during the Hire Period
3. The Owner shall have no liability whatsoever under these Conditions or otherwise in respect of any defect arising from wilful damage negligence abnormal working conditions failure to follow the Owner's instructions (whether oral or in writing) misuse alteration or repair of the Equipment otherwise than by the Owner (fair wear and tear excepted)
Hirer's Obligations
1. Delivery and maintenance of the Equipment
  1. to permit the Owner and any persons duly authorised by the Owner to enter on to the Site or any land at which the Equipment is for the time being sited so as to inspect and or repair or maintain the Equipment
  2. not to obstruct or permit to be obstructed any of the Owner's agents or employees during repair or maintenance of the Equipment
  3. to ensure that the Site is cleared on time to enable the Owner to complete its obligations within any time estimated and that there is adequate and unobstructed access to the Site for the Owner's vehicles
2. Use of Equipment
  1. to use the Equipment in a skilful and proper manner and in accordance with all approvals required pursuant to Clause 4 and that the Equipment is operated and used by skilled and trained personnel
  2. to ensure that only the number of persons for which the Equipment has been designed are allowed to use the Equipment at any time
  3. to keep the Equipment suitably stored or housed at all times when not in use
  4. to ensure that any instructions or manual supplied by the Owner for use of the Equipment are or will prior to the Equipment being brought into use be fully understood and will be observed by the Hirer and by any person who will be responsible for the use of the Equipment
  5. to take such further steps as may be properly recommended by the Owner or may otherwise be necessary to ensure that the Equipment will be safe and without risks to health and safety when properly used by the Hirer or its servants agents or representatives
  6. not to remove the Equipment from the Site without the Owner's consent and upon request of the Owner to inform the Owner in writing of the whereabouts of the Equipment.
  7. to notify the Owner in writing of any change in the Hirer's address
  8. not to sell or offer for sale assign transfer lease mortgage pledge sub-let or lend out or otherwise dispose of the Equipment or in any way part with the Equipment or any interest therein but to keep the Equipment in its own possession legal and physical under its control and to prevent the creation of any charge or lien thereon
  9. throughout the Hire Period take all reasonable and proper care of the Equipment and if the Equipment or any part of the Equipment is destroyed damaged or lost to pay for the repair or replacement of such Equipment to the satisfaction of the Owner
  10. not to remove any existing component mark plate or name ("Plate") from the Equipment and to ensure that any such Plate remains so affixed is conspicuous and is at no time obliterated or defaced
  11. to deliver up (or procure delivery up) of the Equipment to the Owner at the end of the Hire Period (or any extension thereof agreed with the Owner)
Risk and Indemnity
1. The Equipment during the Hire Period (and thereafter until the Equipment is returned to the Owner) shall be the responsibility of and at the sole risk of the Hirer for all loss or damage both to the Equipment itself the Hirer's employees and agents and to third parties. In the event that the Equipment shall become a total loss (whether as a result of its being lost destroyed damaged beyond repair confiscated or otherwise) the Hirer shall pay to the Owner upon demand an amount equal to the full new replacement value of the Equipment
2. The Hirer shall indemnify the Owner against all claims demands liabilities losses damages proceedings costs and expenses (on a full indemnity basis) whenever arising directly or indirectly
  1. from the Hirer's failure to carry out its obligations under these Conditions or
  2. by reason of any loss injury or damage (whether direct or indirect) suffered by any person from the presence of the Equipment on the Site or its possession use or operation during the Hire Period or any extension thereof or
  3. by or in respect of any person for any indirect or consequential loss or damage and whether for loss of profit or otherwise costs expenses or other claims for consequential compensation whatsoever which arises (whether through the Owner's negligence or otherwise) out of or in connection with the possession supply use return or removal of the Equipment
Insurance
1. The Hirer shall at its own expense throughout the Hire Period or if longer for so long as the Equipment remains in its possession or under its control (without prejudice to any liability of the Hirer to the Owner):
  1. insure the Equipment and keep the Equipment insured for its full new replacement value against all risks on a comprehensive policy without restriction or excess with a reputable insurance company
  2. insure the Owner and the Hirer throughout the Hire Period against:
    1. all liability to any person or persons for death or personal injury and
    2. damage to or loss of any property and
    3. all indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever and economic loss whether arising directly or indirectly out of the use or possession of the Equipment by the Hirer or the failure of the Hirer to comply with any of its obligations under these Conditions or arising from fire theft or vandalism
2. The Hirer will upon request by the Owner at any time produce to the Owner every such policy of insurance and the receipt for the current year's premium and the Hirer shall irrevocably authorise the insurers to pay to the Owner all monies payable under the said insurance policy in respect of any loss or damage to all or any part of the Equipment and shall ensure that the interest of the Owner in the Equipment shall be noted on the policy of insurance
3. In the event of any loss of or damage to all or any part of the Equipment the Hirer shall give immediate notice to the Owner and shall make or assist in the making of any appropriate claim or claims under the said insurance policy in such manner as the Owner shall require and shall not in any manner settle or compromise any such claim without the prior written request of the Owner
Owner's Liability
1. Nothing in these Conditions shall be deemed to exclude or restrict the Owner's liability for death or personal injury resulting from its negligence
2. Where any claim in respect of the Equipment which is based on any defect in the quality or condition of the Equipment or its failure to meet specification is notified to the Owner within three days of delivery of the Equipment the Owner shall be entitled to replace the Equipment (or the part in question) free of charge or at the Owner's sole discretion refund the Hire Charges (or a proportionate part of the Hire Charges) but the Owner shall have no further liability to the Hirer
3. The Owner shall not be liable to the Hirer by reason of any representation implied warranty condition or under any express term of the Contract or in tort for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever which arises (whether through the Owner's negligence or otherwise) out of or in connection with the possession supply use removal or return of the Equipment
4. The Owner shall not be liable to the Hirer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Owner's obligations in relation to the Equipment if the delay or failure was due to any cause beyond the Owner's reasonable control
5. Without prejudice to any other limitation or exclusion of liability under these Conditions the Owner's total liability for any one claim or the total of all claims arising from any one act or default of the Owner (whether arising from the Owner's negligence or otherwise) shall not exceed the amount of the Hire Charges
Insolvency of Hirer
1. In the event that:
  1. the Hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or
  2. a mortgagor takes possession or a Receiver Administrative Receiver or Administrator is appointed of any of the property or assets of the Hirer or
  3. the Hirer ceases or threatens to cease to carry on business then without prejudice to any other right or remedy available to the Owner the Owner shall be entitled to cancel the Contract or suspend any further deliveries of Equipment without any liability to the Hirer and if the Equipment has been delivered but Hire Charges not paid then the Hire Charges shall become immediately due and payable
Hire and Sub-Contractors
1. The Hirer may sub-hire the Equipment or any part thereof. Any such sub-hire will not affect or reduce any of the Hirer's obligations to the Owner under these Conditions and the Hirer shall ensure any sub-hire will be on Conditions similar to these Conditions
2. In the event that the Hirer sub-hires the Equipment the Hirer undertakes to notify the sub-hirer that the Equipment is owned by the Owner and shall procure that the sub-hirer delivers up the Equipment forthwith upon the Owner's request to the Hirer
3. In the event that the Hirer or any sub-hirer shall become insolvent or suffer any circumstances detailed in clauses 12.1.1 -12.1.3 then the Hirer shall procure that the Equipment shall be returned to the Owner or (if the Owner shall so direct) procure that the sub-hirer shall enter into a rental agreement subject to these terms and conditions with the Owner
4. The Owner may appoint one or more sub-contractors to carry out part or all of its obligations under these Conditions
Termination
1. Without prejudice to the Owner's right to arrears of Hire Charges or other sums due for breach of these Conditions the Owner may terminate this Agreement on the occurrence of any of the following events:
  1. if the Hirer shall fail to pay any Hire Charges or other sums payable pursuant to the terms of these Conditions or
  2. if the Hirer shall commit a breach of any of the other terms and conditions of these Conditions or
  3. if the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the Owner's rights in the Equipment are prejudiced or put in jeopardy whereupon the Owner's consent to the Hirer's possession of the Equipment shall determine immediately and the Hirer may take possession of the Equipment wherever it may be (whether at the Site or elsewhere) and shall be permitted to enter upon the premises of the Hirer or such third party as may have possession of the Equipment in order to take possession of the Equipment.
Consequences of Termination
1. Immediately upon the hiring of the Equipment being determined in accordance with these Conditions the Hirer shall pay to the Owner:
  1. all arrears of Hire Charges and any other monies accrued due and unpaid pursuant to the terms of the Rental Agreement or these Conditions
  2. any costs and expenses incurred by the Owner in locating repossessing recovering or restoring the Equipment or collecting any payments due pursuant to these Conditions
  3. interest calculated on a daily basis on any sums due to the Owner from the date due until the date of payment at the rate of 2% per annum over Barclays Bank plc Base Rate from time to time
2. The Hirer shall be solely responsible for ensuring the safe keeping supervision and custody of the Equipment until it is returned to or repossessed by the Owner
Return of the Equipment
1. Upon expiry of the Hire Period (howsoever caused) the Hirer shall at its own risk return the Equipment to the Owner (or as it may direct) unencumbered and in good repair and condition (fair wear and tear excepted) and the Hirer shall be solely responsible for the costs of removal and transport of the Equipment to the Owner's premises
General
1. No forbearance or indulgence on the part of the Owner in enforcing these Conditions or the Rental Agreement shall prejudice the rights of the Owner hereunder nor shall be construed as a waiver thereof
2. If at any time any one or more of the provisions of these Conditions becomes invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions hereunder shall not in any way be affected or impaired thereby
3. All notices or other communications hereunder to any party shall be deemed to be duly given or made when delivered to the address of the addressee as specified in the Rental Agreement or such other address as may hereafter from time to time be notified by either party to the other
4. The headings in these Conditions are for convenience only and shall not affect its interpretation
Joint and Several Liability
1. When the Hirer consists of more than one person these Conditions and the Rental Agreement shall be binding on each such person jointly and severally
Law
1. These Conditions and the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts

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