ePrivacy and GPDR Cookie Consent by Cookie Consent

Sales Terms & Conditions

BSA Tube Runner Ltd Conditions of Hire and Sale

1. GENERAL

1. Definitions
This Contract is for the hire of items and accessories (“Equipment”) and the sale of ‘resale’ goods (“Goods”) detailed, and the parties to the Contract are:
“The Company” Means BSA Tube Runner Ltd (Registered No. 1479878) with registered offices at Speedwell House, West Quay Road, Southampton, Hampshire, SO15 1GY
“Hirer” Means the person, firm, company or other organisation hiring the Equipment and/or purchasing the goods.
“Conditions” Means the standard terms and conditions of sale set out in this document (unless the context otherwise requires) including any special terms and conditions agreed in Writing between the Hirer and the Company
“Order” Hirer’s instructions to supply Equipment and or Goods.
“Writing” Includes e-mail, facsimile transmission and any other comparable means of communication

2. Extent of Contract and Cancellation
The Contract is not assignable and is effective when the Company accepts the Hirer’s detailed order. The Company reserves the right to charge for cancellation.

3. Termination
The Company may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.

4. Ownership of Equipment and Goods
Equipment hired remains the property of The Company at all times. Ownership of Goods purchased transfers only when full payment is received by The Company.

2. HIRE CHARGES

1. Basis of charging
The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays.

2. Transport charges
Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.

3. Deposits
Deposits are set by The Company at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to The Company of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.

4. Credit Card deposits
In the event that the actual charges for the hire supplied by The Company exceed the amount charged then this additional amount may be taken from the Credit Card.

5. Cleaning, re-sharpening and damage repair
The Hirer will pay for required cleaning or re-sharpening and breakages and damage repair.

6. Loss of Equipment
The Company will treat Equipment unavailable for inspection after reasonable notice as lost and the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.

3. PAYMENT

  1. Payment Terms
    If The Company has granted a credit account to the Hirer then payment of any charges or any other sums due under this Contract, including VAT, shall be made in full cleared funds within 30 days of the date of the invoice (unless some other payment period has been agreed in writing). Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer’s order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until The Company has received cleared funds or cash.
  2. Claims
    Any claim by the Hirer against The Company shall be made in writing and notified to The Company within 14 days of the date upon which the Hirer became or should have become aware of anyevent or occurrence alleged to give rise to such claim and any claim not made or notified as aforesaid shall be deemed to be waived and absolutely barred except where the Hirer can show that it was impossible to comply with this time limit and that they made the claim as soon as it was reasonably possible to do so.
  3. Overdue Accounts
    If the Hirer fails to make any payment on the due date then, without prejudice toany other right or remedy available to The Company, The Company shall be entitled to:
    3.3.1 cancel the Contract
    3.3.2 appropriate any payment made by the Hirer to such of its invoices as The Company may think fit (notwithstanding any purported appropriation by the Customer); and
    3.3.3 charge the Hirer interest (both before and after any judgement) on the amount unpaid, at the rate of four per cent (4%) per annum above Barclays Bank PLC base rate from time to time, until payment in full for all outstanding amounts due is made (a part month being treated as a full month for the purpose of calculating interest)
    The Hirer will be liable for reasonable legal charges incurred by The Company the recovery of amounts due, Equipment and/or Goods.
  4. Credit Limits CompanyWhere The Company has granted a credit account to the Hirer, The Company may set a reasonable credit limit. The Company reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.

4. HIRER’S RESPONSIBILITIES

1. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt upon delivery. Shortages and/or Equipment defects should be reported to The Company immediately.

2. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported by the Hirer’s own vehicle or carrier is at the Hirer’s risk.

3. Security of Equipment
The Hirer accepts responsibility for Equipment security until its return to The Company and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.

4. Export
The Equipment is hired for use in the UK Only. The Hirer shall not remove the equipment from the UK, for any reason, without prior, written consent from the Company.

5. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify The Company of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure that any other plant, tools or equipment used in conjunction with or attached to Equipment also conforms to safety requirements.

6. Return or collection of Equipment
Regardless of any date advised at the time of order the Hirer must contact The Company to arrange return or collection. The Hirer may arrange for the return or collection of Equipment during The Company’s normal business hours. When Equipment has been returned The Company will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. The Hirer remains responsible for the Equipment, and in particular its security, until actual return.

7. Lost or stolen Equipment
The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to The Company any insurance claim proceeds. This liability is without prejudice to any of The Company’s rights under the Contract. Equipment replaced with insurance claim proceeds is the property of The Company. Risk shall pass to the customer upon delivery/handover and will remain until return/collection.

8. Fuel and/or Electricity Supply for Equipment
Where Equipment requires fuel, oil and/or electricity, the Hirer must ensure that The Company’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.

5. THE COMPANY’S RESPONSIBILITIES

  1. Hire rates
    The Company will maintain the agreed hire rates for the duration of the Contract.
  2. Safety and operating instructions
    The Company will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
  3. Testing and inspection of Equipment
    The Company will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes The Company will substitute items of similar specification.
  4. Delivery and collection
    Following the Hirer’s request, The Company will endeavour to deliver or collect Equipment during the next business day, wherever possible.
  5. Limitation of liability
    The liability of The Company for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above, The Company will be liable for negligence or error in the performance of its obligations under the Contract.