Terms & Conditions
The promoter is Ardua SHEQ Solutions Ltd (t/a Ardua Safety)
The prize draw is open to residents of the United Kingdom (Exc. N Ireland) aged 18 years or over except employees of Ardua SHEQ Solutions Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition
The prize draw will run from 1st July 2019 until 31st July 2019
Route to entry for the prize draw and details of how to enter are via www.arduasafety.co.uk
All customers who purchase a training course (within the prize draw timeframe) from https://www.arduasafety.co.uk/online-training/ will be entered into the prize draw.
By entering this prize draw, an entrant is indicating his/her agreement to be bound by these terms and conditions
The prize draw will be advertised across various social media platforms and groups
The prize is as stated, and no cash or other alternatives will be offered
The winner will be selected at random and will be notified within 14 days of the closing date
The prize will be emailed to the winner in the form of an e-voucher
If the winner cannot be contacted within a reasonable time after the closing date, the promoter reserves the right to draw another winner
CONDITIONS OF HIRE for V901 Seismograph, Overpressure Microphone, Tri Axial Transducer, Svantek SV103 or Cirrus Optima Red Noise Meter
All hire is affected upon these conditions and no other conditions terms representations or warranties shall be incorporated unless otherwise expressly agreed or implied by
- HIRE PERIODS
The term of the hire shall be for one-week minimum and continue thereafter on a daily basis.
At the end of the hire it is the Hirer’s responsibility to inform the Owners of the termination of the hire by telephone or fax.
- HIRE CHARGES
The charges for rental shall be at the rates current at the commencement of the hire. Daily rates to be charged at one fifth of the weekly rate. At any time the Owner’s reserve the right to alter rental charges giving at least one weeks notice.
- COMMENCEMENTS AND TERMINATION OF HIRE
The hire commences on the day the equipment is collected by the Hirer from the Owner’s premises or the day following dispatch from the Owner’s premises and continues until the day the equipment arrives at the Owners premises.
It is the Hirers responsibility to inform the Owners of intentions to either terminate or extend the hire. The hire will terminate when the equipment is delivered to the Owners premises.
- DELIVERY AND COLLECTION CHARGES
In addition to the hire charge separate charges will be made for delivery and collection of the equipment. Carrier may make delivery within the UK or the unit will be delivered FOC if within 25miles of the owner’s office location.
On returning the equipment back to the Owners where the Hirer has requested collection from their premises the cost will be passed on to the Hirer. Otherwise the Hirer will
be responsible for the return of the said equipment by his own transport or carrier.
All packaging materials are chargeable if not returned or returned damaged at termination of hire.
No equipment may be removed overseas unless the Owners prior agreement in writing has been obtained. It is the Hirers responsibility to arrange and pay for delivery and return of the equipment and to obtain appropriate insurance cover based on the full replacement value of the said equipment. In addition, the Hirer shall continue to pay hire charges at the standard rates to cover the period of any and all delays, which may occur during transit for whatever cause in accordance with clause 4 above.
- ACCEPTANCE CONDITIONS
Acceptance of delivery of the equipment by the Hirer or his agent will be conclusive evidence that the said equipment has been examined and found to be complete in accordance with the manufacturer’s description, in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.
Any claim for damages by the Hirer against the Owners arising out of the Hirer’s use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners indemnified against any loss or damage.
- HIRER’S OBLIGATIONS
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
- To keep the equipment at the delivery address and in the Hirer’s own possession unless otherwise agreed in writing by the
- Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade and
- To permit the Owners or their authorised representatives at all reasonable times to enter the premises where the equipment is kept to inspect, maintain, repair and test the
- To repay the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the
- To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable [including but not limited to use conflicting with the equipment manufacturers’ recommendations].
- To preserve the Owners and manufacturer’s identification numbers or mark or any nameplate that there should be upon the said
- To assume upon receipt of the equipment until returned to the Owners or the Owners appointed agent the entire risk of loss or damage to the equipment from any occurrence whatsoever. The Hirer undertakes to arrange at its own expense appropriate insurance cover with an approved insurance company.
- To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the full cost of replacing the
- Not to sell, assign, let on hire or transfer the benefit of the hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the
- Not to make any alterations, modifications, or adjustments or attempt any repairs to the
- In the event of any breakdown or alleged defect in the equipment the Hirer shall give written notice to the Owners within 24 hours of the discovery of the alleged defect specifying the nature of the defect and shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is
(l) To download any data recorded during and at the end of the hire period. The owner accepts no responsibility for non-downloaded data or loss of data in the memory of the instrument returned at the end of the hire period.
- OWNERS’ OBLIGATIONS
The Owners will maintain the said equipment at no cost to the Hirer and will provide such service at the Owners premises during normal business hours save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach 8 [j]. In the event of failure of any item of equipment whilst on hire, the Owners shall use their best endeavours to supply free of charge an identical or similar item of equipment within 24 hours of notification.
- CONDITIONS OF USE
The Hirer will in its use of the said equipment, observe all the manufacturer’s instructions and other regulations that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions or regulations or failure to use the same in a proper manner.
The Hirer will also take all-reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health and Safety at Work etc. Act 1974 [in particular section 2[b] and 2[c] thereof] or any subsequent governing legislation.
- PAYMENT TERMS
All hire charges including delivery charges are payable within 30 days of the invoice and interest may be charged on overdue accounts at 3% over National Westminster Bank base rate.
All reasonable endeavours will be made to deliver the goods at the time and place required by the Hirer but no liability is accepted for any consequential loss arising from any failure so to deliver. Late delivery shall not entitle the Hirer to refuse to accept the goods.
The equipment is and shall remain the sole property of the Owners.
If the Hirer shall default in making any payment for any period in excess of thirty days or if the Hirer is in breach of these conditions of hire then the owners shall be entitled to terminate this agreement forthwith and enter upon the Hirer’s premises and to remove the equipment without notice to the Hirer. The Owner is hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owners of it rights herein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.
The Owners hereby warrant to the Hirer that at the commencement of the rental period the equipment complies with the manufacturers description. The Owners shall not be responsible for any delays or failures in delivery of equipment or in making repairs, recalibration or replacement due to unavailability of parts or labour, strikes, delays in transportation or other causes beyond its reasonable control. The forgoing warranty shall not apply to any damage to equipment caused by accident, misuse or abuse. The
Owners do not warrant the merchantability of the equipment or its fitness or suitability for any particular purpose or use.
Whilst application advice may be given no responsibility is accepted for incorrect results due to circumstances external to the equipment hired.
The following shall apply where software is supplied with the equipment: –
- The title to all software including programs and documentation furnished by the Owner shall be retained by the original
- The Hirer is supplied the use of the software only for the rental term and the software shall be used only on the specific equipment with which it was supplied. Use of the software shall consist either of copying any portion of the program from storage units or media into the CPU or the processing of data with the program or
- The Hirer may take up to two copies of the Owners supplied machine-readable software for backup and archival
- Subject to the provisions of clause 17 [c] the Hirer shall not copy or duplicate or permit a third party to copy or duplicate in any manner any physical or magnetic version of the Owners supplied machine- readable software. The Hirer shall not copy or duplicate any printed materials related to any furnished with the Owners supplied machine-readable
- Upon termination of the hire as defined in clause 4 above, the Hirer shall return to the Owners the original Owners supplied machine-readable software, all copies thereof and all printer materials furnished with such
- The provisions of clause 17 [e] shall not apply if the Hirer has purchased user rights from the Owners for the Owners supplied software and has signed the original manufacturers software program license
agreement for said software. In that event the Hirers rights and obligations upon termination shall be governed by the original manufacturer’s software program license agreement.
- No licenses or rights are granted except as set forth herein or in the original manufacturer’s software or program license agreement which the Hirer shall be required to sign on receipt and before using the software. The Hirer may not assign the software without the Owners prior written
All prices quoted are excludes VAT.
- GOVERNING LAW
Any contract between the Hirer and the Owners shall be governed by and construed in accordance with the Laws of England/Scotland/Wales and the Hirer agrees to be subjected to the jurisdiction of the English/Scottish/Welsh Courts.
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