trading terms and conditions

Terms & Conditions of trading

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TERMS AND CONDITIONS

By accepting goods/services, with or without signature, the client/hirer accepts all of the terms and conditions herewith.

1. DEFINITIONS

In these conditions:-
‘Owner’ – means The Whole Shebang (TWS)
‘Client/Hirer’ – means the person, firm or company who has ordered from the Owners (TWS) the equipment as detailed.

2. HIRE CHARGES

All hire charges run from the day of collection/delivery until the day of return to TWS unless previously agreed in writing.

3. CANCELLATION FEES

3.1 Dry Hire

Where the client/hirer cancels a hire that has been prebooked, the following cancellation fees may be applied by TWS.

Within 24 hours of the booked start of the hire -> 80% of total hire charge.
Within 72 hours of the booked start of the hire -> 60% of total hire charge.
Within 7 days of the booked start of the hire -> 30% 0f total hire charge

3.2 Operated Hire

Where the client/hirer cancels a hire that has been prebooked the following cancellation fees may be applied by TWS.

Within 48 hours of the booked start of the hire –> Full hire charge applies
Within 72 hours of the booked start of the hire -> 75% of total hire charge
Within 7 days of the booked start of the hire -> 45% of total hire charge

4. EQUIPMENT

The equipment must not be modified or altered by the client/hirer or by anyone acting on behalf of the client/hirer. Equipment remains the property of TWS at all times. Rehire is not permitted without prior consent.

5. RESPONSIBILITY

The client/hirer is advised to establish that the equipment booked is suitable for the use that the client/hirer intends. Exact model number/s will be supplied at time of booking by TWS if requested by the client/hirer.
The client/hirer assumes responsibility for the equipment once it leaves the premises of TWS. Any damage to or loss of equipment on hire however caused, is to be made good by the client/hirer. The client/hirer is advised to take out adequate insurance cover to facilitate this. The equipment shall be assumed to be on hire until its return to TWS or until any loss or damage has been paid for by the client/hirer.

6. USE OUTSIDE THE UK

Where equipment is to be used outside the U.K. the client/hirer is responsible for any paperwork with regard to import and export. The client/hirer is liable for hire charges from the date the equipment leaves TWS’ premises until its return thereto.

7. OWNERS LIABILITY

TWS shall not be liable for any damage to equipment not supplied by TWS where connected to equipment hired from TWS by anyone other than by an agent or servant of TWS.

TWS shall not be liable for the unsuitability of the equipment booked by the client/hirer. Exact model number/s will be supplied at time of booking by TWS if requested by the client/hirer. The client/hirer is advised to establish that the equipment booked is suitable for the use that the client/hirer intends.

TWS shall not be liable for any damage or defect caused by negligent handling by anyone other than a servant of the owners or damage to the equipment after delivery or collection whether by a carrier or his appointed agent. Whilst every endeavour will be made to supply equipment in good working order, TWS’ liability shall, in the event of a defect, be limited to replacing or at their discretion, repairing, any defective part of the equipment.

In the event of an unforeseeable breakdown/act of God, TWS shall only be held up to the amount of the hire charge.
TWS shall not be liable for any damage or defect caused by negligent handling by anyone other than a servant of TWS or damage to the equipment after delivery or collection whether by a carrier or his appointed agent. TWS shall not be held responsible for illegal or irresponsible use of equipment nor liable for excessive sound levels.

8. INSTALLATION AND OPERATION

All equipment hired by the client/hirer should be installed an operated by competent personnel. The client/hirer undertakes to use the Goods at all times in accordance with the instructions and methods (if any) and/or for the purposes recommended by the owner. TWS can accept no responsibility for damage to property or personnel whilst equipment is on hire to the client/hirer.

9. SIGNATURE

The signature given on collection or delivery, by the client/hirer or his servant or agent, for receipt of the goods is conclusive evidence that the goods were complete and in proper working order at that time.
The signature given on collection or delivery, by the client/hirer or their agent, signifies acceptance of these conditions of hire and authorisation so to do.

10. CABLING

Cabling is supplier coiled and must be returned in a similar fashion, otherwise a charge of £1.25 per cable will be made for recoiling. Likewise a charge of £5.00 per end will be made for any connectors removed, in addition to the cost of the connectors.

11 CLEANING CHARGE

A cleaning charge will be applied to any equipment returned in an unfit/soiled condition.

12. PAYMENT

Unless otherwise agreed in writing by TWS, customers with account facilities have 28 days to settle invoice.

Without prejudice to TWS’ other rights, TWS reserve the right to impose a late payment surcharge applicable at a rate equal to the daily hire charge until all monies are settled in full. This applies to wet and dry hires, goods and services. All others are required to pay for the hire in full prior to the hire. In some circumstances a full or part payment may be required by the client/hirer as confirmation of the booking. Any discount offered by TWS to the client/hirer is dependent on full settlement being received by TWS no later than 7 days after the date of TWS’ invoice. Failure to make prompt payment automatically cancels any and all discounts offered.

13. OVERDUE PAYMENT

If the Client/Hirers fail to pay any sum due in accordance with the terms of the quotation and of these conditions of hire or if the Client/Hirers commit an act of bankruptcy arrangement or composition with their creditors or being a company enter into liquidation whether compulsory or voluntary or allow any execution whether legal or equitable to be levied against their property or obtained against them then TWS may but without prejudice to any other rights of remedies forthwith terminate the contact and repossess all their equipment.

14. GOVERNING LAW AND JURISDICTION

All contracts incorporating these Conditions of Sale shall be governed by and construed in accordance with the laws of Scotland and the Buyer agrees to submit to the non-exclusive jurisdiction of the Scottish Courts.

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