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Container And More Limited, hereinafter referred to as ‘the Owner’,
works solely on the basis of the terms and conditions set out in this document.
These terms and conditions are deemed accepted upon the placing of an order or
acceptance of equipment ordered. (Equipment covers all classes of containers,
other equipment and accessories the Owner agrees to hire to the Hirer).
1) Hire Period:
The hire period commences on the day when the equipment is either delivered
to or collected by the Hirer. The Owner is not obliged to take equipment off
hire before the expiration of the agreed hire period. Notwithstanding the period
of hire stated the hire period shall continue in respect of each container until
it has been returned to the Owners agreed depot.
2) Hire Termination:
The Owner may without prejudice to any rights it may have in respect of any
prior breach of the Lease Agreement forthwith terminate the Lease Agreement
in writing and repossess the equipment in any of the following events, at the
expense of the Hirer.
a) If default is made by the Hirer in paying any instalment of rent for 60 (sixty)
days after it has become due to the Owner.
b) If the Hirer is in breach of any obligation contained in this agreement.
c) If a receiving order in bankruptcy is made against the Hirer or if the Hirer
calls a meeting with his creditors, enters into compulsory or voluntary liquidation
or if any execution or distress is levied or attempted against the Hirer.
3) Hirer Responsibilities:
a) The Hirer shall obtain all permissions, consents and licenses required for
the equipment under any statute, regulation or bylaw and in due time comply
with any conditions imposed in respect thereof.
b) The Hirer agrees that he will not move or cause to be moved the equipment
from the place at which it was delivered without first obtaining the written
permission of the Owner.
c) The Hirer agrees that on termination of hire to ensure the Owner or his agent
has reasonable access with his vehicle for the purpose of loading the equipment.
d) Upon termination of hiring, the Hirer shall forthwith remove all goods from
the equipment. Should the Hirer fail to do so, he hereby appoints the Owner
or their agents to do so. The Hirer hereby authorises the Owner at its option
to place such goods at any premises apparently occupied by the hirer or to sell
such goods, applying the proceeds to the payment of any charges due the hirer
to the Owner. The Hirer warrants that only goods owned by the Hirer will be
stored in the equipment hired.
e) The Hirer hereby irrevocably authorises the Owner to enter upon any property
occupied by it for the purpose of removal of equipment hired by the Hirer upon
termination of the hiring.
f) The Hirer hereby indemnifies the Owner in respect to all claims or costs
which may be made by any third party arising out of any action taken by the
Owner pursuant to sub-clauses 3(c) and 3(d).
g) The Hirer shall not sublet loan or mortgage charge pledge or otherwise deal
with the equipment and shall not part possession thereof except in the ordinary
course of using them for the purpose for which they are hired to the Hirer.
The Hirer shall protect the equipment against distress execution, seizure or
other legal process and hereby indemnifies the Owner against all losses, claims,
costs, charges and expenses that may arise due to any failure to observe this
and any other clause of this agreement.
h) The Hirer shall not use the equipment for storage or transport of any unprotected
corrosive substance high density poorly secured materials which may corrode,
oxidise, dent, contaminate, puncture, stain or damage the equipment or make
any other use of the equipment subjecting them to damage by improper loading
or otherwise.
i) The Hirer shall comply with all loading limitations as specified by the Owner
and shall prevent excessive impact and concentrated loads.
j) The Hirer shall indemnify the Owner in full in respect of all damage to or
loss of equipment howsoever arising and whether or not occasioned by negligence
of the Hirer his servants or agents and in addition any liability which may
be incurred by the Owner through any breach of this agreement or use or misuse
of the equipment or any act of commission of the Hirer his servants or agents.
Ordinary wear and tear shall not include any damage by forklift or other handling
equipment. In the event that the Hirer fails or neglects to repair damaged equipment
to ISO recommendations and National or International safety regulations, Hirer
shall be liable to the Owner for cost of such repair.
4) Equipment:
The Hirer acknowledges that the equipment has been inspected on their behalf
(whether or not an actual inspection has taken place) and is in good condition
and repair as at the date hereof and any specific claims in respect thereof
shall not be considered by the Owner unless details of any defects are formally
notified in writing to the Owner upon delivery or within 48 hours thereof.
a) The Owner warrants that it has the right to hire equipment and that they
are in accordance with the CSC plate.
b) These warranties are given and accepted in substitution for any representation
or warranty that may have been made prior to the signing of the Lease Agreement
and in consideration thereof all other warranties conditions or guarantees are
excluded and the Hirer agrees not to rely on such prior matters.
c) Any variation of the terms shall be made in writing and signed by an authorised
signatory of the Hirer and by an authorised signatory of the Owner.
d) While the Owner will endeavour to meet dates for delivery of equipment no
dates or periods can be guaranteed and the Owner shall not be liable for any
damage or loss howsoever arising from delays howsoever caused.
e) The equipment shall have Owners markings serial numbers and other identifying
marks affixed thereto which shall not be obliterated or altered in any way.
5) Delivery:
The Hirer shall pay for any service charges such as delivery and redelivery
of the container from the depot of the Owner to the premises of the Hirer at
the current rate charged by the Owner from time to time. The Owner reserve the
right to charge the Hirer for any costs incurred due to the Hirer cancelling
or postponing the delivery or collection date if the Hirer informs the Owner
of the change within 48 hours of the date originally requested.
6) Payment:
The Owner’s invoices in respect of hire charges and all appropriate charges
resulting from the Lease Agreement have to be paid within the agreed terms stated
on the invoice and without deductions. The Owner reserves the right to amend
hire rates by giving 7 days notice in writing to the Hirer at any time after
the minimum hire period has expired. Unless a counter claim is recognised by
Owner the Hirer cannot offset any charge from amount due to Owner. If default
is made by the Hirer in paying any instalment of rent/charges relating to the
hire, delivery haulage etc., for 60 (sixty) days after it has become due to
the Owner the Owner reserves the right to collect payment from the Hirer’s
credit / debit card details of which having been provided at the time of hiring
the equipment.
7) Handling:
Equipment is to be handled by proper ISO container lifting equipment or forklift
using the available fork pockets only.
8) Insurance:
Container Insurance The Hirer shall at all times and at its own expense insure
and keep insured the equipment which are subject to this agreement for an amount
equal to the replacement value of each container as stated in the Lease Agreement
including all taxes duties and other payments which may be incidental to any
replacement, and against all risks such as physical loss damage theft, and total
destruction. The Hirer upon demand from the Owner shall produce such policies
to the Owner with a current premium receipt. All policies of insurance shall
contain an endorsement referring to the Owners Ownership of the equipment.
In the event of loss, theft or destruction of any container or the damage thereto
which the Owner in its sole discretion shall determine is not repairable the
Hirer shall be liable to the Owner for full replacement value of the container.
Per Diem rental charges shall continue until the Owner receives the full replacement
payment.
Contents Insurance The insurance of the contents of the equipment is the responsibility
of the Hirer. The Owner shall not be responsible, whether in negligence or otherwise,
for loss or damage or deterioration of any goods stored in the equipment, howsoever
caused.
This document shall be construed and interpreted in accordance with the laws
of England.
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1) Delivery:
Unless otherwise indicated on the sales invoice, all equipment is sold to Buyer
by Containers And More Limited (“Containers And More”) on an “AS
IS”, “WHERE IS” basis. Containers And More shall have no
liability whatsoever for loss or damage due to late delivery or non-delivery of
equipment subject to the sales invoice. Furthermore, if Containers And More's
performance of the sale of any equipment to Buyer is, in whole or in part, prevented
or hindered by any cause whatsoever, Containers And More shall have the right
to cancel, without any liability on its part, all or any portion or portions of
this sale.
2) Disclaimer of Warranties:
BUYER ACKNOWLEDGES THAT ALL EQUIPMENT IS USED EQUIPMENT AND SOLD “AS IS”.
CONTAINERS AND MORE DISCLAIMS AND BUYER WAIVES AND RELEASES CONTAINERS AND MORE FROM ANY AND ALL REPRESENTANTIONS AND WARRANTIES, EITHER EXPRESSED
OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION (a) THE
DESIGN, CONDITION, AVAILABILITY, OPERATION, MERCHANTABILITY OR FITNESS FOR USE
OF THE EQUIPMENT; (b) THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR
PURPOSE BY BUYER; (c) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS
REQUIRED BY ANY COUNTRY OR POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT
MAY BE USED. BUYER ACKNOWLEDGES AND AGREES THAT CONTAINERS AND MORE SHALL
HAVE NO LIABILITY TO BUYER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED BY OR ALLEGED
TO HAVE BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY
THE EQUIPMENT, OR BY ANY INDEQUACY THEREFOF OR DEFIECIENCY OR DEFECT THEREIN,
OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH ARSING IN STRICT LAIBILITY
OR OTHERWISE.
3) Taxes:
Buyer agrees to assume exclusive liability for and to pay, indemnify and hold
Containers And More harmless from all sales or use taxes, transfer, title
and registration fees, VAT, domestication, personal property taxes or other
taxes, tolls, levies, imposts, duties or governmental charges, including any
penalties, fines or service charges thereon, that may be imposed in connection
with the sale of equipment to Buyer or any service rendered by Containers And More in connection with the sales invoice.
4) Consequential Damages:
UNDER NO CIRCUMSTANCES SHALL CONTAINERS AND MORE BE LIABLE HEREUNDER FOR
ANY LOST PROFITS OR FOR SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF
CONTAINERS AND MORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5) Remedies:
The remedies reserved to Containers And More herein shall be cumulative
and in addition to any other or further remedies provided by law.
6) Waiver:
Containers And More's failure to insist on performance of any of the
terms and conditions of this invoice, or Containers And More's waiver
of any breach, shall not act as a waiver of any other term or condition or any
subsequent breach.
7) Assignment:
Buyer may not assign the sales invoice or any of its rights or obligations herein
without Containers and More Ltd prior written consent, which consent
may be withheld for any reason.
8) Jurisdiction and Law:
This sale and terms thereof shall be governed by and construed in accordance
with the laws of England. Containers And More and Buyer each hereby agree
that (a) any claim or controversy, directly or indirectly arising out of or
relating to this sale, may be litigated in the courts of England and (b) consent
to be subject to the jurisdiction pf such courts.
9) Entire Agreement:
It is understood and agreed that the sales invoice embodies the complete understanding
of Buyer and Containers and More Ltd relative to this sale and that the terms
and conditions of the sales invoice may not be revised or modified in any way
except by a written instruction specifically purporting to do so signed by Buyer
and Containers And More.
10) Markings and ID Plates:
Buyer shall, at its own expense, promptly remove all existing ownership markings
and identification plates (including container prefix and identifying number)
from the equipment upon release of the equipment to Buyer. Buyer will defend
at its own expense and indemnify and hold harmless Containers And More,
its agents, employees and indemnities from and against any and all claims, losses,
damages, liabilities, demands, actions, costs, expenses and fees arising out
of, or in connection with, the sale of the equipment to Buyer or any subsequent
use, operation, or disposition of the equipment.
11) Payment:
TITLE TO THE EQUIPMENT IS NOT TRANSFERRED TO THE BUYER UNTIL PAYMENT HAS BEEN
RECEIVED IN FULL BY CONTAINERS AND MORE.
If default is made by the Buyer in paying for the equipment or charges relating
to its sale, delivery haulage etc., after 60 (sixty) days after it has become
due to the Owner the Owner reserves the right to collect payment from the Buyer’s
credit / debit card details of which having been provided by the Buyer to the
Owner.
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