TERMS & CONDITIONS
All pictures and designs shown on semmco.com either on our website or on datasheets, instructions for use, user manuals or any other documents remain the intellectual property of Semmco LPS Limited at all times.
Unless indicated all drawings are for illustration purposes only, used as a representation of the products we produce. Customers will be provided with exact measurements and specifications when ordering a product.
1 – 6 sets Unit Price: £35
7 – 12 sets Unit Price: £70
13 – 18 sets Unit Price: £105
19 – 24 sets Unit Price: £140
24+ sets Unit Price: £240
Delivery: 4 – 6 weeks
Validity: The prices quoted will remain valid for 60 days, there after they are subject to confirmation
Carriage: Extra at cost (see details above)
VAT: Will be charged extra at the current VAT rate at date of invoice
Payment Terms: 30 days from date of invoice
HIRE TERMS & CONDITIONS
a. We will issue you a contract for you to hire equipment from Semmco LPS Limited on behalf of your company. We will hire the equipment only to you and your employees. You must not let anyone from any other company use the equipment and you must not sell, lend or hire it to anyone else.
b. We will agree with you:
• the details of the equipment that you are hiring from us;
• how long you are hiring the equipment for:
• the deposit and hire charges:
• the site address (if this applies); and
• the cost of delivery, collection (including waiting time) and other services (if these apply).
c. In hiring the equipment from us to use in your business, all of the conditions of this contract apply to you, please sign and date the form provided to confirm you have read and agreed all conditions listed.
2 COLLECTING AND RETURNING THE EQUIPMENT
a. Unless we agree otherwise with you, you are responsible for collecting the equipment from us and for returning it to our depot at the end of the hire period. The equipment is your responsibility from the time we hand it over to you at our depot.
b. Our staff will sign for the equipment you return to us, which then becomes our responsibility.
3 DELIVERY, COLLECTION AND OTHER SERVICES ON SITE
a. If we agree with you to deliver equipment on site, the equipment is your responsibility from the time we have unloaded it for you on site.
b. If we agree with you to deliver or collect equipment or to provide other services on site, you must pay for the delivery, collection on other services on top of the hire charges. If our staff has to wait on site before making a delivery or collection or before providing other services, we will also be entitled to charge for waiting time at the agreed rate.
c. You are responsible for clearing and preparing the site to make it safe and ready for our equipment.
d. We will make every effort to deliver or collect equipment or to provide other services at the time agreed with you. However, we cannot accept responsibility for any costs or expenses you have if we are not able to do so for reasons beyond our control.
e. You must make sure that you (or your representatives) are available on site to oversee the delivery or collection of the equipment or our other services.
f. If the equipment needs to be installed on site you will be responsible for arranging this. Installation must be carried out by competent, properly qualified and supervised staff.
g. If we agree with you to collect equipment from site, our staff will sign for the equipment when it is collected. The equipment is our responsibility once our staff signs for it. We will check the equipment once it comes back to our depot to make sure that it is clean, not damaged and working properly.
4 CONDITION OF THE EQUIPMENT WHEN YOU RETURN IT OR WE COLLECT IT
a. You must return the equipment to us (or make it available for us to collect) clean, undamaged and working properly.
b. If you do not return the equipment to us (or make it available for us to collect) clean, undamaged and working properly, you will be responsible for our reasonable costs for any repair or cleaning (or both) which we have to carry out so we can hire it out again.
5 ACCESS AND SAFETY ON SITE
a. You must make sure that there is adequate and safe access to the site so we can deliver or collect the equipment or provide other services on site. You must make sure that there are suitable and safe loading and unloading facilities.
b. When our staff are on your site to deliver or collect equipment or to provide other services, they are under your direction and control. You must make sure that they can work safely and efficiently on your site.
c. You will be responsible for any damage or injury caused to, or by, our staff, vehicles or equipment while on your site (unless our staff have been negligent or have failed to follow your proper instructions).
6. USING THE EQUIPMENT SAFELY
a. If the equipment causes damage or injury to any person or property, you must let us know immediately.
b. If the equipment is damaged while you are using it, you must stop using it straightaway and must let us know immediately using the contact details on the instructions for use manual.
c. While you have the equipment you are responsible for making sure it is used safely, correctly and reasonably, in just the same way as you would be responsible if you owned the equipment. You must make sure that the equipment is used only by a competent, properly-qualified and supervised operator. You must follow the instructions provided to use the equipment safely and correctly.
d. You are responsible for carrying out routine safety checks on the equipment.
e. It is the company’s responsibility to read and understand the instructions provided and follow the HSE PPE guidelines.
7 MAINTAINING THE EQUIPMENT
a. While you have the equipment, you are responsible for its running maintenance, such as lubrication. You must carry out running maintenance whenever necessary to make sure that the equipment is not suffering from too much wear and tear, or being used in a way that is damaging it.
b. We will tell you if a service of the equipment is due while you have it. We will arrange to come to the site to carry out the servicing and inspection.
c. If you use the escape sets whilst you are hiring them, you are responsible for notifying us – we will then arrange for replacement set(s)to be supplied to you on site – you will be charged for the refurbishment of the set and the delivery charge to your location. Or you can return the used set to us and we can replace it, you will be charged for the refurbishment cost of the set only.
a. If the equipment breaks down, you must let us know immediately.
b. You will be responsible for all hire charges up to the time you let us know that the equipment has broken down. Apart from under paragraph 8c, we will make an allowance against the hire charges for idle time (‘idle time’ is the time during which you cannot use the equipment). The allowance will start from the time you let us know about the breakdown.
c. We will not give an allowance for idle time if a breakdown has been caused by your negligence or failure to follow instructions that we give you on using the equipment safely and correctly and maintaining the equipment. You will also be responsible for our reasonable costs for repairing the equipment.
9 PROTECTING THE EQUIPMENT
a. The equipment must stay in your possession and control at all times. If we ask you to do so, you must give us the address of the site where the equipment is (or will be) located. You must not move the equipment off site. You must let us have access to the equipment whenever we reasonably need it.
b. While you have the equipment, you are responsible for looking after it and for taking all reasonable steps to protect it in just the same way as you would if you owned the equipment. In particular:
c. You must take reasonable steps to keep the equipment secure; and
d. You must take reasonable steps to avoid damage to the equipment.
e. While you have the equipment, you must not:
i. Modify or adapt the equipment or remove any labels;
ii. Repair or try to repair the equipment, unless you have our permission (this does not prevent you from carrying out necessary running maintenance such as lubrication); or, continue to use the equipment if it has been damaged.
10 LOSS, DAMAGE AND INSURANCE
a. While you have the equipment, you will be responsible for fire, theft and damage (accidental or otherwise) to the equipment. Your responsibility continues until we have signed for the equipment when you return it to us (or we collect it from you). This means that your responsibility for the equipment continues while it is in your possession and control even if you have told us that the equipment is off hire (equipment is ‘off hire’ when you have told us to collect it because you no longer need it).
b. If the equipment is stolen or damaged beyond economic repair (accidentally or otherwise) while you have it, you must let us know immediately. You will be responsible for paying us:
a. The manufacturer’s recommended list price for the equipment, less a reasonable allowance representing the fair wear and tear to the equipment we hired to you; and
b. Two thirds of our standard hire charges for the period from the theft or damage until the time we receive your payment from the amount mentioned in the paragraph above.
c. We recommend that you check your insurance to make sure that it covers your responsibilities.
d. You are not responsible for fair wear and tear to the equipment while you have it. Neither are you responsible for any damage to the equipment which results from a fault in the equipment or from our negligence or failure to keep to our responsibilities under this contract.
e. If somebody other than you makes any claim against us
f. For any loss, damage or injury caused by the equipment while you have it, you must meet the cost of a claim on our behalf. The only exception to this is where the loss, damage or injury results from our negligence or failure to keep to our responsibilities under this contract.
a. We will ask you to pay a holding deposit for the equipment; this will be 50% of the total hire agreement.
b. If you return the equipment to us (or make it available for us to collect) on time and clean, undamaged and working properly, we will refund the deposit to you, after taking off any hire charges or other amounts which you owe us. If the original deposit value does not cover this amount we will invoice you for the additional charges.
c. If you don’t return the equipment to us (or make it available for us to collect) clean, undamaged and working properly, we will keep some or all of the deposit to cover our reasonable costs for any repair or cleaning (or both) which we have to carry out so we can hire it out again. We will refund the rest of the deposit to you, after taking off any hire charges or other amounts which you owe us. If the original deposit value does not cover this amount we will invoice you for the additional charges.
12 HIRE CHARGES
a. We will agree with you the weekly hire rate.
b. You must pay the weekly hire charges per week in full in advance, inclusive of the following conditions:
i. If we agree to deliver or collect the equipment you must pay the hire charges from the day we deliver the equipment to your site up to (and including) the day we will collect the equipment.
ii. If you collect the equipment from our depot, you must pay the hire charges from the day you collect the equipment up to (and including) the day you are planning on returning the equipment to us.
c. You must pay at least one week’s hire (even if you take the equipment off hire before the end of the first week). If you take the equipment off hire part-way through any following week, we will not refund you the part week.
d. Unless we agree otherwise, you must pay all amounts you owe us in relation to hiring the equipment in advance in full. If the hire continues for more than a week you must pay us the amounts you owe in advance each week, unless otherwise agreed with us. If any payments are not made on time you will incur a 4% above base rate of National Westminster Bank UK interest charge per week.
e. You must return equipment to us during our advertised hire office opening hours – see . If you do not do this, we will charge you another full weeks’ hire.
f. All payments for hire are paid in advance and will be payable using a credit or debit card, this is subject to a 2% transaction fee.
13 ENDING A CONTRACT
a. Unless we have agreed a fixed period of hire, you can end a contract at any time by:
i. returning the equipment to us at our Head Office in Woking or other agreed nominated depot.
ii. telling us that the equipment is off hire and is available for collection (this only applies if we have agreed to collect the equipment from your site) Any costs for collection will be chargeable to you.
b. If we have agreed a fixed period of hire, you must return the equipment to us (or make it available for us to collect) during our hire office advertised opening hours on the last day of the fixed period.
c. Unless we have agreed a fixed period of hire, we will be entitled to end the contract at any time by giving you seven days’ notice in writing.
d. We will be entitled to end the contract at any time (including during any fixed period of hire) without giving you any notice if:
i. You fail to pay any of the hire charges by the date they are due;
ii. You do not keep to your responsibilities under the contract;
iii. You go over any credit limit that we have agreed with you;
iv. You become bankrupt or go into liquidation (whether voluntary or compulsory), enter into an agreement with your creditors, have a reliever, administrative receiver or administrator appointed over all or any part of your assets, or we have good reason to think that you will not be able to pay the hire charges.
e. If we end the contract, you must immediately return the equipment to us or make it available for us to collect. If we end the contract for one of the reasons set out in paragraph 13d, you must immediately pay all amounts you owe us in relation to hiring the equipment.
f. If you do not return the equipment to us (or make it available for us to collect) when the contract ends you authorise us to visit any premises where we reasonably believe the equipment is kept, so we can repossess it.
g. You will have to pay our reasonable costs of collecting the equipment.
14 LIMITS ON LIABILITY
a. We take account of a number of things when we set our hire charges. One of the factors is the extent of our liability to you if something goes wrong.
b. Our total liability to you in connection with you hiring the equipment is limited to three times the total amount of hire charges you have paid (or are due to pay) for the equipment at the time of the event giving rise to our liability.
c. We will have no liability to you at all for the following losses:
i. Loss of revenue
ii. Loss of profits
iii. Loss of goodwill (such as customer loyalty)
iv. Loss of business
v. Loss of expected savings
vi. Loss of production
vii. Any loss which would not naturally have been expected to result from our actions
d. The limit to our liability applies no matter whether our liability has arisen because we have not kept to our responsibilities under this contract, have been negligent or for some other reason.
e. If you think that you have a claim against us you must let us know in writing as soon as you can (and within six months of finding out about your claim) so we can investigate it properly.
f. By law, we are not allowed to limit our liability for death or personal injury resulting from our negligence. So, paragraph 14 is not intended to limit our liability for death or personal Injury.
15 BUYING EQUIPMENT
If we agree to sell you any of the equipment on hire, the following conditions will apply.
i. We will agree with you the price of the equipment. If we do not do this, the price will be that set out in our standard price list that applies at the date you order the equipment.
ii. Any time or date for delivering the equipment is only an estimate and we do not have to keep to it.
iii. We will stop being responsible for loss or damage to the equipment when we deliver them to you.
iv. Ownership of the equipment will not pass to you until we have received your payment for the equipment, together with payment of any other amounts you owe us under any other contract we have with you. We will be able to take the equipment back if you fail to pay us on time, go into liquidation (whether voluntary or compulsory), enter into an agreement with your creditors, or have a receiver, administrative receiver or administrator appointed over all or any part of your assets, or if we have good reason to think that you will not be able to pay.
v. We guarantee that the equipment will be satisfactory quality. Our guarantee does not cover the quality of equipment which we have told you about or which you should have been aware of after having an opportunity to examine the equipment.
vi. Our total liability to you in connection with selling the equipment is limited to an amount equal to the price you paid (or are due to pay) for the equipment. The limit to our liability applies no matter whether our liability has arisen because we have not kept to our responsibilities under this contract, because we have been negligent, or for some other reason.
a. If product is on hire and you wish to purchase them – we would request you return the products and we will replace with new products so as to set the inspection and refurbishment dates correctly for the products.
b. We will have no liability to you at all for the following losses.
i. Loss of profits
ii. Loss of goodwill (such as customer loyalty)
iii. Loss of business
iv. Loss of expected savings
v. Loss of production
vi. Any loss which would not naturally have been expected to result from our actions.
If you have any queries on the terms and conditions for the purchase or hire of Semmco LPS products please contact or call +44 (0)1483 757200 and speak to the LPS sales team.