The Terms & Conditions

General :

The terms and conditions set out below shall be the basis of all Contracts of Hire with Thomas Graham & Sons Ltd

Definition:

The hirer shall mean any person, persons or body corporate entering into a rental agreement with Thomas Graham & Sons Ltd for the hire of goods and equipment. "Goods and equipment" referred to in "The terms and conditions" refer to those set out below and shall be the sole conditions of any contract with Thomas Graham & Sons Ltd subject to any addition or amendment which shall be in writing and ratified by an authorised person of Thomas Graham & Sons Ltd.

The Period of Hire:

(a) The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from Thomas Graham & Sons Ltd) and shall terminate when equipment is returned. It is the responsibility of the hirer to obtain such receipt for the return of equipment which will represent sole evidence of the return of equipment to Thomas Graham & Sons Ltd.

(b) Where equipment is delivered or collected by the hirer (or his agent), delivery or collection is at the hirer's risk and expense and the hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves Thomas Graham & Sons Ltd premises until it is returned.

Equipment:

(a) The hirer will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. The hirer's signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub-standard condition or working of the equipment must be referred to Thomas Graham & Sons Ltd and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by Thomas Graham & Sons Ltd.

(b) All equipment on hire remains the absolute property of Thomas Graham & Sons Ltd.

(c) The hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of Thom as Graham & Sons Ltd is first obtained.

Damage or Loss to Equipment Hired:

(a) It shalI be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify Thomas Graham & Sons Ltd in respect of any loss or damage howsoever caused whilst in the hirer's possession.

(b) All damage or loss will be notified to Thomas Graham & Sons Ltd immediately (or as soon as

practicable) following which the goods must be returned for repair or replacement, should repair be uneconomical.

(c) The hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same or nearest available specification.

(d) In the event of loss or damage to equipment the period of hire will without further reference to the hirer extend until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.

Liability:

(a) Thomas Graham & Sons Ltd shall not be liable under any circumstances whatsoever for losses incurred by the hirer due to faulty or non-functioning equipment during the period of hire. We will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.

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