Terms & Conditions of Trade

Any order placed with Ninehundred Communications Group Limited for the sale, hire, repair or maintenance of equipment is governed by these Terms and Conditions of Trade. These Terms and Conditions do not affect the Customer’s statutory rights.

1. Definitions

1.1 In these Terms and Conditions the following phrases shall have the stated meanings unless the context requires otherwise: –
‘Owner’ means Ninehundred Communications Group Limited (company registration number 01741966) whose registered office is at White Rose Way, Doncaster Carr, Doncaster, South Yorkshire, DN4 5JH.
‘Customer’ means the individual or entity that enters into an agreement with Ninehundred Communications Group Limited for the purchase or use of its products or services, whether by signing a contract, placing an order, or otherwise indicating acceptance of these terms and conditions.

‘Dealer’ means a Customer who acts as an intermediary, hiring the Equipment from the Owner with the intent of sub-hiring it to a third party or otherwise using it as part of their business operations to provide services to third parties.

‘Equipment’ means the equipment particulars of which are stated on the Order and includes any replacement or addition to that Equipment provided by or on behalf of the Owner.

‘Order’ means the Order placed for the Equipment by the Customer with the Owner.

‘Hire Period’ means the hire period for the Equipment which shall commence on the hire date stated on the Order, is subject to a minimum period of seven (7) days and shall terminate on the later of:

a) 7 days from the hire date.

b) The return date on the Order.

c) The date of physical return of the Equipment to the Owner during normal working hours.

d) Notification in writing by the Customer to the Owner that the Equipment is lost, stolen, or damaged.

‘Normal Working Hours’ means 8.30 a.m. to 5.00 p.m. on a working day.

‘Working Day’ means Monday to Friday excluding Bank Holidays and excluding the period from the last orking day prior to the 25th of December to the next working day after the following 1st January.

2. HIRE

2.1 The Customer shall pay the hire charges stipulated on the Order during the period of the Hire Period calculated on a daily basis including the date of the return of the Equipment to the Owner.

2.2 If the Equipment is not returned to the Owner on the return date stated on the Order, the Owner reserves the right to:

a) Vary any of the terms and conditions of hire by giving a minimum of one week’s written notice to the Customer.

b) Vary any of the hire charges by giving a minimum of one week’s written notice to the Customer.

c) Demand immediate return of the Equipment.

d) Recover the Equipment from the possession of the Customer.

2.3 f a content service, airtime plan or other similar cloud-based facility is included, the Customer must provide a minimum of 30 days’ written notice to the Owner to off-hire the Equipment. The hire charges will continue until the end of the notice period or until the equipment is returned to the Owner, whichever is later.

2.4 The Equipment shall remain the property of the Owner and shall not be sold, charged or disposed of by the Customer.

2.5 The risk for the Equipment passes to the Customer when the Equipment is delivered to the Customer and shall remain at the risk of the Customer until returned to the Owner. The Customer shall insure the Equipment against loss, theft, damage or otherwise and provide the Owner with evidence of Plant in Hire or other relevant insurance cover on request.

2.6 The Customer shall ensure the Equipment is at all times operated in accordance with the manufacturer’s instructions and any statutory regulations. The Customer shall ensure that the Equipment is used safely by competent users and all necessary health and safety, and licensing regulations are omplied with and that the Equipment is only used for the purpose for which it is intended.

2.7 The Customer shall take all reasonable steps to ensure that no damage is caused to the Equipment and shall be responsible for any damage caused. The Customer shall not repair, alter or modify the Equipment or alter or deface identification labels.

2.8 Equipment returned to the Owner by post, courier, or similar shall remain the responsibility of the Customer until received by the Owner. The Customer shall be liable for any damage incurred during shipping due to inadequate packaging, loss in transit or otherwise.

2.9 The Customer shall not take the Equipment outside of the United Kingdom without the Owner’s written consent.

2.10 The Customer shall pay to the Owner all costs in locating and recovering the Equipment that is not returned in accordance with these Terms and Conditions or on demand by the Owner for its return.

2.11 Faulty Equipment

2.11.1 The Customer shall promptly inform the Owner in writing of any faulty Equipment and the Owner shall endeavour to expeditely replace or repair such faulty Equipment. Any Equipment that is reported by the Customer as faulty must be returned within two (2) Working Days of receiving a replacement and in the event that the Equipment is not returned within two (2) Working Days the Customer shall pay hire charges for the Equipment reported as faulty until returned in addition to any replacement equipment provided.

2.11.2 In the event of Equipment being returned as reported faulty, proves not to be faulty, the Customer will be liable for all carriage charges incurred in the return of the Equipment and for the hire charges at a daily rate until returned to the Owner.

2.11.3 The Owner shall not be liable for any consequential loss, including but not limited to loss of business, revenue, profits, data, or any other indirect or incidental damages, arising from the use, malfunction, or failure of the Equipment. This limitation of liability applies whether the fault in the Equipment is inherent, arises due to user error, misuse, or negligence, or results from any other cause beyond the Owner’s reasonable control. In such instances, the Customer agrees to assume full responsibility for any resulting damages, costs, or losses. Furthermore, the Customer shall indemnify and hold the Owner harmless against any claims, liabilities, or expenses incurred as a consequence of such misuse, negligence, or improper handling of the Equipment.

2.12 Sub-Hiring by Dealers

2.12.1 The Customer (acting as a dealer) may sub-hire the Equipment to a third party only with the prior written consent of the Owner.

2.12.2 The Customer must ensure that:

a) Any sub-hiring arrangement is subject to terms and conditions that protect the Owner’s rights and interests as outlined in these Terms and Conditions of Trade.

b) The third party is made aware of and agrees to comply with all relevant obligations under these Terms and Conditions.

c) The sub-hired Equipment is used solely for the purposes for which it is intended and is operated in accordance with all applicable laws, regulations, and manufacturer guidelines.

2.12.3 The Customer shall remain fully liable to the Owner for:

a) Compliance with these Terms and Conditions, including hire charges, insurance obligations, and any damages or losses incurred during the sub-hire period.

b) Ensuring the safe return of the Equipment to the Owner, whether it is returned directly by the third party or via the Customer.

2.12.4 The Customer shall indemnify and hold harmless the Owner against any claims, losses, damages, or liabilities arising from the acts or omissions of the third party to whom the Equipment is sub-hired.

2.13 The Prohibition on Unauthorised Sub-Hiring

The Customer shall not sub-hire or allow any third party to use the Equipment without the prior written consent of the Owner. Any unauthorised sub-hiring shall be deemed a material breach of these Terms and Conditions, entitling the Owner to recover the Equipment and any resulting damages.

3. RESPONSE TIMES AND SUPPORT SERVICES

3.1 Best Endeavours Response for Standard Plan Customers

3.1.1 Customers without a maintenance plan or package will receive a response from the Owner on a best endeavours basis.

3.1.2 The Owner will make reasonable efforts to address issues reported by such Customers within a reasonable timeframe, subject to resource availability and operational constraints.

3.1.3 Standard rates apply for all services provided, including repairs, replacements, or on-site support, unless otherwise agreed in writing.

3.2 Expedited Response for Maintenance Plan Customers

3.2.1 Customers with an active maintenance plan or package will benefit from dedicated resources and expedited response times, as specified in the terms of their maintenance agreement

3.2.2 The Owner will prioritise service requests from maintenance plan Customers, aiming to minimise downtime and resolve issues within the agreed response times.

3.2.3 Standard rates apply for all services provided, including repairs, replacements, or on-site support, unless otherwise stated in writing or within the maintenance agreement

3.3 Scope of Response Services

3.3.1 Response times are measured from the time the Customer reports an issue to the Owner during Normal Working Hours.

3.3.2 If an issue is reported outside of Normal Working Hours, response times will commence from the start of the next Working Day unless an out-of-hours agreement exists or is contained within an existing maintenance agreement.

3.3.3 The Owner will make reasonable efforts to provide timely response and support. However, the Owner is not liable for delays caused by circumstances beyond its reasonable control, including supply chain disruptions, transport delays, force majeure events (e.g., natural disasters, pandemics, or government actions), third-party service issues, or Customer-related delays (e.g., failure to provide required information or access).
The Owner will take reasonable steps to mitigate delays and keep the Customer informed but shall not be responsible for consequential or indirect losses arising from such delays.

3.4 Limitations

3.4.1 Customers without a maintenance plan do not have guaranteed response times or priority access to technical resources.

3.4.2 Customers with a maintenance plan must ensure their account is up to date with payments to qualify for expedited response times.

4. DELIVERY AND RETURN OF EQUIPMENT

4.1 Costs

4.1.1 The Customer shall bear full responsibility for all costs associated with the delivery, collection and/or return of the Equipment, including but not limited to transportation fees, handling charges, and, where applicable, any customs duties, taxes, or other charges for goods exported or imported. It is the Customer’s obligation to ascertain and ensure payment of all such costs in advance.

4.1.2 While the Owner will make every reasonable effort to meet agreed delivery and collection dates, the Customer acknowledges that delays may occur due to factors beyond the Owner’s control, including but not limited to logistics disruptions, carrier delays, weather conditions, or unforeseen circumstances. In the event of such delays, the Owner shall not be held liable for any direct, indirect, or consequential financial losses, additional costs, or inconvenience incurred by the Customer as a result of the delay.

4.2 Delivery

4.2.1 The Customer is responsible for promptly inspecting all Equipment delivered by or on behalf of the Owner to ensure that it conforms to the specifications, quantities, and other details outlined in the Order. Any discrepancies, including but not limited to missing items, incorrect products, or non-functional equipment, must be reported to the Owner in writing within one (1) Working Day following the delivery date. Failure to report any such discrepancies within this time frame shall constitute the Customer’s acceptance of the delivery as being in full compliance with the Order placed and as being in complete working order. The Owner shall not be held liable for any claims regarding discrepancies or defects raised after this period.

4.3 Collection

4.3.1 Instructions for collection received after midday will result in the Customer being charged for hire for that day. If instructions for collection are given to the Owner after midday on a day immediately prior to a non-working day the Customer shall pay the hire charge for the non-working days that follow, until the next available working day for collection.

4.3.2 The Owner will not automatically collect Equipment on the return date stated on the Order. It is the Customer’s obligation to give instructions for the collection of the Equipment closer to the intended collection date. Hire charges shall continue to accrue on a daily basis until the Equipment is collected by the Owner or otherwise returned to the Owner, and the Owner has issued a written receipt for the return.

4.3.3 If the Customer provides collection instructions before midday, hire charges for that day will not apply, but only if collection can be completed on that day. If the Owner is unable to collect the Equipment due to reasons beyond the Customer’s control (e.g., logistical issues or delays by the Owner), hire charges will cease from the date of the intended collection, provided the Customer has given notice and fulfilled all other return conditions.

4.3.4 If the Customer schedules a collection date at the time of placing the Order or well in advance, it remains the Customer’s responsibility to review and confirm or update the collection instructions prior to the return date. The Owner is not responsible for collecting Equipment based solely on instructions provided significantly in advance without subsequent confirmation.

4.4 Return

4.4.1 The Customer may make alternative arrangements for returning the Equipment to the Owner. However, it is the Customer’s responsibility to ensure that the individual/courier returning the Equipment obtains a signed proof of delivery from an authorised representative of the Owner. Without this proof, the return may not be deemed complete or accepted.

4.4.2 The Customer is responsible for ensuring that all Equipment being returned is insured for its full replacement value during transit. The Owner accepts no liability for loss or damage occurring while the Equipment is in transit back to the Owner. Failure to adequately insure returned items may result in the Customer being held liable for any resulting loss or damage.

4.4.3 Upon receipt, the Owner will inspect the returned Equipment and will notify the Hirer of any discrepancies or damages within five (5) working days.

5. LOST, STOLEN, DAMAGED OR OTHERWISE UN-RETURNED EQUIPMENT

5.1 The Customer must inform the Owner immediately the Customer becomes aware that the Equipment is lost, stolen, damaged or otherwise.

5.2 In the event that the Equipment or any part of it is lost, stolen, damaged or otherwise, the Customer shall pay to the Owner the full new retail price of any replacement required.

5.3 In the event that Equipment previously notified as lost is subsequently relocated within three (3) months of the original notification, the Customer shall return such Equipment to the Owner and the Owner shall provide to the Customer a credit for any replacement Equipment invoiced with the Customer paying the hire charge calculated on a daily basis to the date of return of the original Equipment.

6. SALE OF EQUIPMENT

6.1 Orders

6.1.1 All Orders for Equipment must be confirmed in writing by the Customer and are subject to acceptance by the Owner.

6.1.2 Any quotation provided by the Owner shall be valid for 30 days unless otherwise stated. After this period, the Owner reserves the right to revise pricing.

6.1.3 Once accepted by the Owner, an Order may not be cancelled or modified without the Owner’s prior written consent. The Owner reserves the right to apply cancellation charges to recover any costs incurred.

6.2 Delivery

6.2.1 The Owner will make reasonable efforts to meet agreed delivery dates but shall not be liable for any delay or failure to deliver Equipment on such dates due to circumstances beyond its reasonable control, including but not limited to supply chain disruptions, transport delays, or force majeure events.

6.2.2 Title and ownership of the Equipment shall only pass to the Customer upon full payment of the purchase price and any associated charges, including delivery and applicable taxes.

6.2.3 Risk in the Equipment shall pass to the Customer upon delivery, regardless of whether the Customer has taken physical possession of the Equipment.

6.2.4 The Customer is responsible for promptly inspecting all Equipment delivered by or on behalf of the Owner to ensure that it conforms to the specifications, quantities, and other details outlined in the Order. Any discrepancies, including but not limited to missing items, incorrect products, or non-functional Equipment, must be reported to the Owner in writing within one (1) Working Day following the delivery date. Failure to report any such discrepancies within this time frame shall constitute the Customer’s acceptance of the delivery as being in full compliance with the Order placed and as being in complete working order.

6.3 Warranty

6.3.1 The Owner warrants that the Equipment will conform to the manufacturer’s specifications at the time of delivery and will be free from material defects in design, materials, and workmanship for a period of twelve (12) months from the date of delivery unless otherwise stated.

6.3.2 The Customer must notify the Owner in writing of any defects within the warranty period. The Owner’s sole obligation under this warranty shall be, at its discretion, to repair, replace, or refund the purchase price of the defective Equipment.

6.3.3 This warranty does not apply to defects caused by:

a) Improper installation, use, or maintenance by the Customer or third parties.

b) Water ingress, except where the Equipment is explicitly designed and certified for waterproof use in accordance with the manufacturer’s specifications and has been used within those parameters.

c) Normal wear and tear or cosmetic damage.

d) Modifications or repairs made without the Owner’s prior written approval.

6.3.4 Except as expressly stated in this section, all warranties, conditions, and representations (whether express or implied) regarding the Equipment are excluded to the fullest extent permitted by law.

6.4 Returns and Refunds

6.4.1 Returns will only be accepted with the prior written consent of the Owner.

6.4.2 Equipment must be returned in their original condition, unused, and in their original packaging unless otherwise agreed. The Customer shall bear all costs associated with returning the Equipment unless the return is due to an error by the Owner or defective Equipment

6.4.3 Any refund issued for returned Equipment will be subject to inspection and may be reduced to account for any restocking fees or damage incurred during return transit.

6.5 Limitation of Liability

6.5.1 The Owner’s liability in respect of the sale of Equipment shall not exceed the purchase price of the Equipment.

6.5.2 The Owner shall not be liable for any indirect, special, or consequential damages arising out of or in connection with the sale, delivery, or use of the Equipment.

6.6 Compliance

6.6.1 The Customer is responsible for ensuring that the purchase, use, or resale of the Equipment complies with all applicable laws and regulations in the Customer’s jurisdiction.

7. TERMS OF PAYMENT, INSOLVENCY AND NON-PAYMENT

7.1 Payment is due 30 days from date of issue of an invoice.

7.2 If payment of an invoice is not made in full within thirty (30) days of the date of issue or the Customer (if an individual) is adjudged bankrupt or an interim receiver is appointed or the Customer (if a company) goes into liquidation or an administrative receiver is appointed or an administration order is made or there is a material change in its control or otherwise the Customer is in material break of these Terms and Conditions the Owner is entitled by notice in writing to the Customer to:

a) Cancel the hire contract (and any other contract the Customer has placed with the Owner).

b) Recover the Equipment and the Customer grants to the Owner or its nominated agent an irrevocable licence to enter the Customer’s premises for such purpose.

c) Refuse to enter into any further hire contract with the Customer or exchange any faulty Equipment on hire.

d) Charge interest (both before and after any judgment) on any payment due at the rate of 8% per annum over the Bank of England base rate calculated on a daily basis on the balance due from the date of the invoice being issued until the date payment is received.

e) Exercise its statutory right to charge a late payment fee under the Late Payment of
Commercial Debts (Interest) Act 1998 (as amended).

f) Commence legal proceedings to recover any outstanding amounts owed under the contract.

g) Recover reasonable debt recovery costs in addition to standard court fees.

h) In the case of stage payments for part shipment, to withhold any further shipments.

7.3 All invoices shall be paid in full, and the Customer is not entitled to offset any payment claimed by the Customer. The Customer is responsible for and shall ensure that all payments made to the Owner are referenced to the Order made to enable proper allocation of funds.

7.4 In the event that payment made by the Customer towards more than one outstanding invoice, the Owner shall be entitled to allocate any such payment to the oldest invoice outstanding.

7.5 No payment shall be deemed to have been received until cleared funds are received by the Owner.

7.6 The Customer consents to the Owner conducting a credit check upon application for a credit account. Any credit account or subsequently awarded credit limit is granted subject to status.

7.7 The Owner reserves the right, at its sole discretion, to request an initial deposit or payment in full prior to the delivery of goods, services, or other related items.

7.8 Any credit facilities agreed between the Owner and the Customer may be withdrawn with immediate effect by the Owner if the balance on the account exceeds the agreed Customer credit facility. In such event the Owner is entitled to terminate the agreement and recover the Equipment.

7.9 The Owner may at its absolute discretion withdraw any credit facility given to the Customer.

7.10 Any queries or complaints concerning an invoice or the services to which it relates must be made within 14 days of the date of issue of the invoice failing which the invoice shall be due and payable in full.

7.11 The Customer is solely responsible for the payment of any applicable taxes, duties, tariffs, or other government-imposed fees associated with the purchase, delivery, or use of the products or services. This includes, but is not limited to, sales tax, VAT, import/export duties, and any other regulatory charges. The Owner is not liable for any such fees, and the Customer agrees to indemnify and hold the Owner harmless from any claims or liabilities arising from the non-payment of such obligations.

8. INSTALLATION

8.1 The Customer shall at its own expense undertake all preparatory work required for any Equipment supplied including its assembly and installation. If delays arise due to the Customer’s failure to have the Equipment installation site ready, the costs incurred by the Owner arising from the delay shall be paid by the Customer charged at the Owner’s standard labour rates applicable at the time together with any additional travel and related costs.

9. NETWORK AND RADIO COVERAGE

9.1 The Owner provides communication equipment but does not operate communications networks. The Owner is able to provide advice and information about network coverage but cannot guarantee the accuracy of such information or otherwise be liable if network cover is not available. It is the Customer’s responsibility to make appropriate checks with network providers and the Customer will continue to be liable for Equipment hire regardless of the availability or otherwise of network coverage.

9.2 The Owner has no liability for interference with communications systems from external sources such as third-party radio installations.

9.3 The Owner will endeavour to select frequencies and design any communications system to minimise the chance of external interference but has no liability if such external interference arises.

10. GOVERNMENT LICENCES/PERMITS

10.1 The Customer is responsible for obtaining any necessary licences and permits required to operate communications systems and the Owner will provide assistance only, except for the use of short-term rental frequencies which the Owner will provide on receiving the Order.

11. LIMIT OF LIABILITY

11.1 The Owner’s liability for the Equipment is limited to the warranty provided by the manufacturer unless the Customer enters into a separate maintenance contract with the Owner.

11.2 The Owner shall not be liable for any losses incurred by the Customer, including but not limited to indirect, consequential, or economic losses such as loss of profits or revenue, arising from defects or failures in any equipment provided by the Owner. This limitation applies regardless of the legal theory invoked, and the Owner’s total liability, if any, shall not exceed the amount paid by the Customer for the equipment.

12. TERMINATION

12.1 Termination by the Owner

12.1.1 The Owner may terminate this agreement immediately by providing written notice to the Customer if:

a) The Customer commits any material breach of these Terms and Conditions and fails to remedy such breach within 14 days of receiving written notice specifying the breach and requiring its remedy.

b) The Customer becomes insolvent, bankrupt, or subject to any form of administration, liquidation, or receivership, or ceases or threatens to cease to carry on business.

c) The Customer fails to make any payment due under this agreement within the specified payment terms.

d) The Customer misuses or allows unauthorised use of the Equipment in contravention of these Terms of applicable laws.

e) The Customer undergoes a change of control without the Owner’s prior written consent.

12.1.2 Upon termination under Clause 12.1, the Owner shall be entitled to:

a) Cancel any outstanding Orders of hire arrangements without liability.

b) Recover all equipment immediately, and the Customer grants the Owner or its agents irrevocable access to the Customer’s premises to do so.

c) Suspend any further services or deliveries.

d) Recovers all outstanding fees, charges, and any applicable early termination charges.

12.2 Termination by the Customer

12.2.1 The Customer may terminate this agreement by providing the Owner with a minimum of 30 days’ written notice.

12.2.2 The Customer must settle all outstanding sums due, including:

a) Hire or service chargers accrued up to the date of termination.

b) Charges for loss, damage, or failure to return Equipment.

c) Any third-party costs incurred by the Owner in connection with the contract.

d) If applicable, an Early Termination Fee, as set our in Clause 12.3.

12.3 Early Termination

12.3.1 If the Customer terminates a fixed-term agreement or contract, including that involving third-party services (e.g. network, airtime, hosted services, software licensing or otherwise) prior to the end of the agreed term, except where termination is validly made under Clause 12.1, the Customer shall pay an Early Termination Fee, calculated as follows:

a) All unpaid charges due up to the termination date.

b) The remaining charges that would have been payable for the remainder of the agreed term (including any committed license, service, or support costs).

c) Any reasonable costs, penalties, or cancellation fees payable to third-party providers.

12.3.2 The Early Termination Fee shall become payable immediately upon termination.

12.3.3 This clause applies regardless of whether the Customer has used the service or equipment during the remainder of the contract term.

12.4 Consequences of Termination

12.4.1 Termination of this agreement, for any reason, shall not affect:

a) Any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.

b) Any provisions of the agreement that expressly or by implication are intended to survive termination.

12.4.2 Upon termination:

a) The Customer must cease all use of the Equipment or services.

b) The Customer must return all Equipment immediately or as otherwise instructed by Owner.

c) Risk in the Equipment remains with the Customer until is received and accept by the Owner.

13. AMENDING THIS AGREEMENT

13.1 Amendments by the Owner

13.1.1 The Owner reserves the right to amend these Terms and Conditions at any time by providing the Customer with a minimum of 30 days’ written notice.

13.1.2 Changes to these Terms and Conditions will take effect after the notice period unless the Customer provides written objection within the notice period. In the event of an objection, the agreement may be subject to renegotiation or termination.

13.2 Amendments by Agreement

13.2.1 Any amendments to this agreement requested by the Customer must be agreed upon in writing by the Owner.

13.2.2 Amendments will only take effect once confirmed in writing by both parties.

13.3 Notification of Amendments

13.3.1 The Owner will communicate any changes to these Terms and Conditions via written correspondence, including email or letter.

13.3.2 It is the responsibility of the Customer to review the amended Terms and Conditions upon receipt.

13.4 Effect of Amendments

13.4.1 Amendments to these Terms and Conditions will not affect any rights or obligations accrued prior to the effective date of the amendment.

14. GOVERNING LAW AND JURISDICTION

14.1 These terms and conditions and any disputes or claims arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England/

14.2 The Owner and the Customer hereby agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation including non-contractual disputes or claims.

Last updated: 11/07/2025 12:59 pm