COMPANY > TERMS & CONDITIONS

Rental Terms & Conditions

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1. Definitions

'The schedule' means the schedule overleaf and any appendix attached hereto. 'The equipment' means the equipment described in the schedule and supplied in CML's standard finish. 'The premises' means the delivery address or addresses listed in the schedule. 'The UK' means the United Kingdom of Great Britain and Northern Ireland. 'CML' means Cavendish Maintenance Ltd.

2. Delivery, installation and commissioning

2.1 In respect of items of equipment in respect of which installation is not normally provided by CML or installation by CML is not required by the customer, CML shall deliver each such item to the premises ready for installation provided the premises are on the UK mainland. In respect of items of equipment in respect of which installation is normally provided by CML and is required by the customer, CML shall install and commission each such item of equipment in the premises ready for use provided the premises are on the UK mainland.

2.2 CML will use all reasonable endeavours to deliver (or install and commission as the case may be) the equipment by dates agreed between the parties but CML accepts no liability for any failure to do so. Save a hereafter by clause 3.4, time shall not be the essence of the contract.

2.3 Should the customer postpone delivery (or installation and commissioning as the case may be) of any equipment for a period in excess of 30 days from the said agreed dates, CML shall be entitled to adjust the price.

2.4 Unless otherwise agreed in writing by CML on acceptance of this order, the customer shall have no right to inspect the equipment prior to delivery.

2.5 Subject as provided in clause 10, risk in each item of equipment shall pass to the customer:- on delivery thereof to the premises.

2.6 No cancellation of this order by the customer shall be effective unless written notice thereof is given to CML before the equipment is delivered to the premises unless CML agrees to accept such cancellation in which event the customer shall pay to CML immediately on presentation of invoice, a cancellation charge of 20% of the total price due from the customer over the entire minimum duration of this agreement.

2.7 While CML may be willing to take any necessary arrangement with BT (or any other nominated Network Provider) at the customer's request, CML does not accept responsibility for any failure on the part of British Telecom or their agents and that those arrangements form no part and are expressly excluded from this contract.

3. Price and payment

3.1 The initial payment and any installation costs are due for payment before installation takes place thereafter payments must be made strictly within 30 days from the date of invoice.

3.2 CML reserves the right to suspend further deliveries, maintenance services and recover the equipment where payment is not received in accordance with the terms of payment contained herein.

3.3 Where the equipment is to be delivered on different dates, CML shall be entitled to submit separate invoices, but the sum of any separate invoices so submitted shall not exceed the price.

3.4 Time for payment is of the essence of the contract. All payments will carry interest at 1.5% per month, compounded each day after payment has become due. Unless otherwise stated, all payments are to be made in sterling at CML's office, as displayed on the invoice.

4. Title

Title to the equipment remains with CML at all times.

5. Insurance

It is the customers responsibility to indemnify CML for any loss of the equipment whilst on the clients premises howsoever it may be caused. Such indemnity to be equivalent to 15 x the monthly rental figure (excluding VAT)

6. Facilities

The customer shall provide at its own expense by the date agreed between the parties for delivery of the equipment, all necessary facilities, consents, licences or other items for the installation (if applicable), operation and use of the equipment to the standards specified by CML. The customer shall pay CML's additional charges for any extra labour or other costs or expenses incurred by CML through absence or non-availability of such facilities at any time.

7. Liability

7.1 CML undertakes to pass on to the customer, so far is reasonably possible, the benefit of any guarantee given to CML by their supplier or the manufacturer of the equipment.

7.2 CML shall not be liable for any loss, injury, death or damage of any kind, arising directly or indirectly from any breakdown or failure of the equipment or caused directly or indirectly by or resulting from the equipment, it's use by the customer or any third party unless such loss, injury, death or damage is caused by the negligence of CML, it's employees or agents.

7.3 CML accepts no liability, whether under these conditions or otherwise and whether in contract or in tort, for any loss of use, business, profits or contracts or any other consequential loss or damage.

8. Force majeure

Neither party shall be under any liability to the other in respect of any failure to carry out or delay in carrying out any of it's obligations hereunder attributable to force majeure or any other cause whatsoever nature outside it's reasonable control with the sole exception of the customer's obligations to make any payments to CML required by these conditions.

9. Changes of design

CML reserves the right for it's self, agents or suppliers to make reasonable changes at it's discretion to the design and/or specification of the equipment prior to delivery thereof to, or, if applicable, installation and commissioning thereof at the premises but such changes shall not adversely effect the design performance of the equipment or increase the price.

10. Origin

CML makes no representation and gives no warranty in respect of the source or origin of manufacture of the equipment or any part thereof.

11. Software

Title to any copyright or other industrial property rights in any software forming part of the equipment ('the software') shall not pass to the customer but shall remain the property of CML. The customers sole right in respect of the software shall be to use the software in connection with the hardware which forms part of the equipment. The customer shall not be entitled to use the software for any other purpose or to amend, modify, copy or reproduce the software or to disclose or reveal the software to any third party.

12. Acceptance

Notwithstanding any acts of performance or part performance by CML, CML reserves the right to decline this order by giving written notice to the customer.

13. Technical documents

All catalogues, brochures, specifications or other technical characteristics, data or descriptive matter included in any sales promotional material made available to the customer in respect of the equipment are intended to give a general description of the equipment and shall not form part of this order.

14. Assignment

The customer shall not be entitled to assign/transfer/sublet any of its obligations hereunder without the prior written consent of CML.

15. Notices

Any notice under these conditions shall be sent by First Class Registered or Recorded Delivery post to the relevant address, stated in the order and shall be deemed to have been duly served 48 hours after the time of posting. Either party may give written notice to the other of a change of address for the purpose of this condition.

16. Duration of Agreement

The agreement should for the initial period as shown overleaf and then continue from month to month until either party provide the other with 30 days written notice.

17. Entire agreement

17.1 The order overleaf and these conditions constitute the entire agreement between the customer and CML in respect of the equipment and supersede all other agreements, statements, representations or warranties made by or between the parties relative thereto. No waiver, alteration, variation or addition to these conditions shall be effective unless made in writing on or after the date of CML's acceptance of this order and signed by an authorised signatory of each party.

17.2 The interpretation, construction, effect and enforceability of this order and any acceptance thereof by CML shall be governed by English Law and the parties are to submit to the exclusive jurisdiction of the English Courts.

17.3 If any provision of the schedule is determined to be unenforceable or illegal it will be deemed severed from the other provisions of the schedule, which will remain enforceable and valid.