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Terms and Conditions of Hire - Superduck Ltd

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1. The Hirer shall give such proof of his/her identity, as SUPERDUCK LTD shall reasonably require.

2. The person who signs the Hire Agreement Form and pays for the hire assumes the full financial responsibility for the equipment until it is returned and will be known as THE HIRER.

3. Any damage to the equipment must be reported to SUPERDUCK LTD within 24 hours of such damage being sustained.

4. During the period of hire, THE HIRER shall not transfer, assign or part with possession of any item of equipment without the prior written consent of SUPERDUCK LTD.

5. The insurance liability for any lost, stolen or damaged equipment is with THE HIRER. SUPERDUCK LTD retains the right to charge for any losses (material or financial) or damage to equipment during the hire. Daily loss of earnings will be charged until such equipment is replaced or repaired. Loss of earnings will be charged at the equipment’s advertised daily rate.

6. THE HIRER shall take all reasonable precautions to avoid loss/damage to the equipment during the hire period. THE HIRER is responsible for the safe handling of equipment. Repair or replacement costs up to £25,000 will be billed to the DEBTOR for damage or loss occurring while the equipment is in THE HIRER’S possession.

7. THE HIRER shall not attempt to carry out any repairs to damaged equipment without the prior written authority of SUPERDUCK LTD.

8. SUPERDUCK LTD will test all equipment prior to dispatch, however, it is THE HIRER’S responsibility to test and examine the equipment to determine that all hired equipment is in good working order and condition and fit for THE HIRER’S purpose. All equipment must be so tested on Location or at our Premises. SUPERDUCK LTD will not be held responsible for any deficiencies or defects in the equipment unless THE HIRER has notified SUPERDUCK LTD in writing upon receipt of the equipment.

9. The equipment shall be deemed to be in good condition at the beginning of the hire period.

10. The equipment shall be the responsibility of THE HIRER at all times, and in the event of loss of goods or any item thereof from whatsoever cause or reason, shall immediately pay SUPERDUCK LTD the full costs of replacement.

11. Where THE HIRER takes possession of the equipment, either by collection, or by delivery from either SUPERDUCK LTD or by courier, prior to the commencement date specified on the Hire Agreement Form, the equipment shall be the responsibility of THE HIRER at all times, and in the event of loss of goods or any item thereof from whatsoever cause or reason, shall immediately pay SUPERDUCK LTD the full costs of replacement.

HIRE PERIOD

1. The hiring period of the equipment shall commence at the time specified on the Hire Agreement Form, and shall finish when the equipment is returned to SUPERDUCK LTD premises, except when SUPERDUCK LTD has agreed to collect the equipment. Any late return of equipment may be charged at a daily rate.

2. The equipment must be returned or made available for collection at the time and date specified in the Hire Agreement Form, unless SUPERDUCK LTD has agreed to an extension.

3. Extension of hire must be notified to SUPERDUCK LTD at least 24 hours before the end of the original hire period.

4. Extensions are at the discretion of SUPERDUCK LTD.

5. Advertised prices are subject to change by SUPERDUCK LTD without notice, however, once a booking is confirmed, these prices will not change during the course of this booking.

6. A Day rate is considered to be a 24 hour period.

7. Where a Hire Agreement Form is sent via email, it must be printed, signed, scanned and returned to SUPERDUCK LTD prior to commencement of the hire.  If, for whatsoever reason, the Hire Agreement Form is not returned, but the invoice for the hire is paid in full, either by Bank Transfer or Payment Link, then THE HIRER will be deemed to have accepted the Hire Agreement and all Terms and Conditions relating to the hire as specified on the original Hire Agreement Form.

8. Hire charges are calculated from the time specified on the Hire Agreement Form until the end of the period of hire, or when the equipment is returned to SUPERDUCK LTD premises, whichever is the later, except when SUPERDUCK LTD has agreed to collect the equipment. Any late return of equipment may be charged at a daily rate.

PAYMENT

1. When THE HIRER places a booking of equipment hire, either by phone or online, he/she will be charged a non-refundable reservation fee of £15.

2. THE HIRER will be required to leave a security deposit with SUPERDUCK LTD, prior to any equipment being dispatched. This deposit will be secured against the same credit/debit card used for payment, unless advised otherwise. If the funds for the deposit are unavailable, and SUPERDUCK LTD is unable to contact THE HIRER to verify the situation, the reservation will be cancelled and a cancellation charge equal to, but not exceeding the agreed hire charge will be applied.

3. Payment of all hire charges and deposits must be made by cash, bank transfer, or by Payment Link prior to the commencement of the hire period.

4. All payments must be made in pounds sterling.

5. THE HIRER shall confirm all orders in writing.

6. THE HIRER must inform SUPERDUCK LTD verbally and in writing of any changes THE HIRER wishes to make to the order. SUPERDUCK LTD will not be held responsible for any unauthorised changes.

7. All identification (see identification requirements), together with our Terms and Conditions, signed by THE HIRER as proof of acceptance, must be received at the premises of SUPERDUCK LTD before any orders can be dispatched, or handed to, and verified as acceptable by, SUPERDUCK LTD, if the hire equipment is to be delivered by them.

8. If the aforesaid identification, signed Terms and Conditions, and proof of insurance (as required), are not available at the time of dispatch, and SUPERDUCK LTD has been unable to contact THE HIRER, the booking will be cancelled and a cancellation charge equal to, but not exceeding the agreed hire charge will be applied.

9. If the aforesaid identification, signed Terms and Conditions, and proof of insurance (as required), are not available for inspection and scanning at the time of delivery, if delivered by SUPERDUCK LTD, the booking will be cancelled and a cancellation charge equal to, but not exceeding the agreed hire charge will be applied.

10. SUPERDUCK LTD reserves the right to refuse to hire equipment to THE HIRER in the event that THE HIRER fails to comply with SUPERDUCK LTD terms of payment.

11. If THE HIRER shall make default in punctual payment of the sums to be paid by it for the hire of the equipment or shall fail to observe or perform the terms and conditions of the agreement on its part to be observed and performed or if THE HIRER shall do or cause to be done or permit or suffer any act or thing whereby SUPERDUCK LTD’s rights in the equipment may be prejudiced or put in jeopardy, this agreement shall forthwith determine (without any notice or other act on the part of THE HIRER and notwithstanding that the same or like nature) and it shall thereupon be lawful for SUPERDUCK LTD to retake possession of the equipment and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this clause shall not affect the right of SUPERDUCK LTD to recover from THE HIRER any monies due to SUPERDUCK LTD under this agreement or damages for breach thereof.

12. If THE HIRER shall make default in punctual payment of the sums to be paid by it for the hire of the equipment, or provision of services,  or shall fail to observe or perform the terms and conditions of the agreement on its part to be observed and performed, and further requests for payment and resubmission of Invoices have to be made following the expiration of any period of grace granted to THE HIRER by SUPERDUCK LTD, and as clearly stated on the initial invoice to THE HIRER, an administration fee of £25+VAT shall be levied to cover administration costs incurred by SUPERDUCK LTD in the re-submission process. If on the third and final submission of invoices, following the expiration of any period of grace granted to THE HIRER by SUPERDUCK LTD in the re-submitted invoice, and as clearly stated on said invoice, and payment has still not been made, SUPERDUCK LTD will charge a further £25+VAT administration fee, and interest at the rate of of 8% of the total amount outstanding, inclusive of all administration fees and taxes.

COLLECTION & DELIVERY

1. Where possible, SUPERDUCK LTD shall dispatch orders to arrive at THE HIRER”S location, via courier, the day before the chosen date of hire. Should this not be possible, then SUPERDUCK LTD will endeavor to deliver the equipment before 9.30 am on the chosen date of hire, either via SUPERDUCK LTD or via courier. All times quoted by SUPERDUCK LTD are to be treated as estimates only. SUPERDUCK LTD cannot be held responsible for failure to deliver equipment to THE HIRER due to circumstances outside the direct control of the company, and will not be liable for any damages or penalty.

2. We expect parking arrangements for our delivery teams to be THE HIRER’S responsibility. If parking tickets are issued due to a lack of parking at THE HIRER’S location these tickets will be deducted from any deposits held.

3. If our delivery teams have to wait over 20 minutes for THE HIRER to arrive at a specified delivery / collection location, then a £40 fee will be levied against the deposit.

4. Where deliveries are to be made by, SUPERDUCK LTD, and no identification has been received prior to delivery, SUPERDUCK LTD must be permitted to view and scan identification belonging to THE HIRER. If identification is not available or is insufficient then equipment will not be issued and THE HIRER’S deposit and a cancellation charge equal to, but not exceeding the agreed hire charge will be applied.

5. By accepting delivery of the equipment as ordered, notwithstanding any defects or deficiencies, then THE HIRER agrees to pay all Hire and Courier charges for said equipment.

IDENTIFICATION REQUIREMENTS

1.Identification must be either a UK DRIVING LICENCE or UK PASSPORT in name of THE HIRER. A utility bill may also be requested in addition. If THE HIRER has not got this form of ID, or is unable to provide it for any reason whatsoever, then it is THE HIRER’S responsibility to notify SUPERDUCK LTD 3 Days prior to the hire.

2.The correct form of identification must be received at the premises of SUPERDUCK LTD before any orders can be dispatched, or, handed to and verified as acceptable by SUPERDUCK LTD if the hire equipment is to be delivered by them.

3. It is THE HIRER’s responsibility to notify SUPERDUCK LTD of any changes to their particulars since their previous period of hire. SUPERDUCK LTD must be notified of any changes at least 3 Days prior to any subsequent hire.

4. If THE HIRER”s particulars have changed since his/her previous period of hire, THE HIRER will be treated as a new hirer, and all requirements relating to identification will apply.

INSURANCE

1. Where the total value of equipment hired exceeds £5000, THE HIRER shall be required to produce proof of insurance, from a reputable company, covering the full replacement value, as new, of the equipment hired.

2. THE HIRER shall keep the equipment insured against fire, theft, loss, damage or risk from any cause arising in the full replacement value thereof & will permit SUPERDUCK LTD at all reasonable times to have access to the equipment and to inspect the state & conditions thereof.

2. The sum insured must not be less than the current value of ‘same week’ replacement of equipment.

3. If the equipment shall be damaged or destroyed by fire, all monies received or receivable in respect of such insurance as aforesaid shall forthwith be received by SUPERDUCK LTD who shall, as the case may require, apply such monies either in making good the damage done or in replacing the equipment by other articles of similar description and quality and such substitute articles shall become subject to the provisions of this agreement in the same manner as the articles for which they shall have been substituted.

4. Where THE HIRER is more than one person or entity this agreement is binding on each of you jointly and severally.

5. THE HIRER shall not remove equipment from the UK without obtaining written consent from SUPERDUCK LTD, specifying the country to which the equipment is to be removed and in such event THE HIRER shall pay additional insurance in respect of such removal of the equipment and shall indemnify SUPERDUCK LTD against all customs duties, taxes or other pecuniary levies either as a result of removal of, or return of the equipment from UK.

6. Any waiver or other indulgence granted by SUPERDUCK LTD shall not affect the strict rights of SUPERDUCK LTD under these terms.

CANCELLATION

1. Where written notice of cancellation by THE HIRER has been received by SUPERDUCK LTD at their premises, either by post or online, within 7 full working days of placing the booking, THE HIRER will be entitled to a refund of all monies paid, with the exception of the non-refundable £15 reservation fee.

2. Where the hire order is cancelled by THE HIRER, either in writing or online, within two full working days of the equipment being dispatched, then THE HIRER will be liable to pay SUPERDUCK LTD a cancellation charge equal to half the agreed hire charge.

3. Where the hire order is cancelled by THE HIRER within one full working day of the equipment being dispatched, then THE HIRER will be liable to pay SUPERDUCK LTD a cancellation charge equal to, but not exceeding the agreed hire charge.

4. Where an order has had to be cancelled by SUPERDUCK LTD due to failure on behalf of THE HIRER to provide all necessary forms of identification, and when required, proof of insurance, then a cancellation charge equal to, but not exceeding the agreed hire charge, will be levied against THE HIRER.

5. Where the customer is a consumer, they shall have the right to cancel the order by written notice up to 7 working days after confirmation of that order. In such cases where said customer has booked on-line, a full refund of the on-line booking fee will be made.

INDEMNITY

THE HIRER shall at all times indemnify fully SUPERDUCK LTD, it’s employees, servants and agents against all actions, costs, claims, demands, liabilities or proceedings arising from or in conjunction with equipment, materials or any other services supplied to THE HIRER by SUPERDUCK LTD.