Terms & Conditions of Trade

Definitions

In these Conditions:-

‘Owner’ means Ninehundred Communications Group Limited
‘Hirer’ means the person, firm, or company hiring the Equipment from the Owner
‘Hire Period’ means the period stipulated on the Owner’s written confirmation of the Hirer’s order during which the Equipment is to be held by the Hirer in return for payment of the Charges to the Owner.
‘Customer’ means the end user, firm, or company hiring the Equipment direct from Hirer
‘Contract’ means any contract between the Owner and the Hirer for the hire of Equipment

Any order placed by the “Customer” with the “Owner” for Sale, Hire, Repair or Maintenance of equipment is governed by these Terms and Conditions of Trade. These Terms and Conditions form the basis of a contract between the “Customer” and the “Owner”. Check the paragraphs below very carefully and make sure you understand our conditions of trade. It is the Customers responsibility to check these details and by proceeding with an order the Owner will assume the terms have been accepted should a physically copy not be signed. The Owners acceptance of the Customers order is subject to credit status checks. Subhiring is prohibited, however maybe permitted up acceptance of Subcontractor/Dealer terms and conditions. The owner must be made aware of your intention should you wish to subhire.

1. ORDER ACCEPTANCE BY “OWNER”

An equipment Order becomes effective upon acceptance by the “Owner” and acceptance explicitly precludes the application of any terms of purchase contained in order forms or other correspondence of the Customer. These terms and conditions may only be amended with the written agreement of The Owner.

2. HIRE

2.1 Hire Period

The hire period for the Equipment is subject to a minimum period of 7 days.
Whilst the Equipment is on hire you must pay hire charges. The hire period starts on the day you receive the equipment. This hire contract will terminate on the later of:

7 days from the hire date
The return date on the order
The date of return of the Equipment to The Owner during normal working hours
Notification to us in writing that the Equipment is unreturnable (whatever the reason)

If the equipment remains on hire beyond the return date on the order the Owner reserves the right to:

Vary any of the terms and conditions of hire with a minimum of one weeks written notice
Vary any of the hire charges with a minimum of one weeks written notice
Demand immediate return of the equipment

2.2 Ownership and care of the Equipment

The Equipment shall remain the property of the Owner and shall not be sold, charged, or disposed of by the Customer who will use the Equipment in a careful and proper manner.

The risk for this Equipment will pass to the Customer when the Equipment is delivered. You are obliged under this agreement to insure the Equipment against loss, theft, or damage, and provide us with evidence of your insurance cover if we ask for it.

The Customer shall ensure the Equipment will not be damaged, repaired, altered, or adjusted; only the Owner may carry out any repairs, alterations, or adjustments.

The Customer will always operate the Equipment in accordance with the manufacturer’s instructions and any regulations issued by HM Government or its agents.

If at the expiry of the hire term (the Term) or its extension the Equipment is not returned to the Owner, the Owner shall be entitled to retake possession thereof and for that purpose to enter any premises where the Equipment may be without prejudice to any other remedy or right of action which may be available to the Owner.

The Customer may not alter, deface, damage the Hire Equipment or the identification labels in any way. The Customer will be responsible for damages incurred due to inappropriate packaging for returned Equipment; the Owner shall provide photographic proof of such incidents.

Customer is not permitted to take the Equipment outside the UK nor allow the Equipment out of the Customers possession without the Owners written permission. The Customer must make sure that the Equipment is used safely by competent users and all necessary health and safety and licensing regulations are complied with where appropriate. It is The Customers responsibility to make sure the Equipment is fit for the use intended. The Customer must allow the Owner access to inspect Equipment at all reasonable times upon giving reasonable notice. The Customer will have to pay for all
costs incurred in locating the Equipment. The Owner accepts no liability for any consequential loss resulting from non-performance of this contract or from the Customers failure to meet its responsibilities.

2.3 Variation & Cancellation

If The Customer cancel or vary the order, the Owner will endeavour to mitigate the costs of the cancellation or variation. The Customer is however liable for any costs incurred by The Owner for the cancellation or variation up to a maximum of the order value and including the full cost of any equipment purchased to meet the requirements of the order.

2.4 Faulty Hire Equipment

It is the Customers responsibility to inform the Owner in writing of any faulty Equipment. The Owner will replace this typically within 48 hours. Should the faulty Equipment not be returned within 48 hours of receiving a replacement, The Customer will pay rental charges for the faulty Equipment as well as the replacement Equipment until the faulty Equipment is returned. The Owner cannot accept responsibility for, nor provide support for, interfaces or links between The Customer and other equipment. If, on return to the Owner the equipment proves not to be faulty, the Customer will be liable for carriage charges relating to the dispatch of the replacement and the return of the original equipment.

3. DELIVERY & COLLECTION of EQUIPMENT

3.1 Delivery

It is the Customers responsibility to pay for delivery and collection and where applicable any customs/taxes for goods exported. It is the Customers responsibility to seek advice on such implicated costs where applicable.

The Customer must check all the Equipment sent by the “Owner” conforms to the order. Any discrepancies must be reported within 24 hours, the Owner will assume the order has been fulfilled as per the order requirements and is in full working order.

The Customer must communicate all relevant matters to the “Owner” in writing. If a delivery or collection fails because the Customer or the Equipment was not available, the Customer will be liable for the cost of the failed delivery or collection. The “Owner” will endeavour to meet agreed delivery and collection dates, but in the event of a delay the “Owner” will not accept any liability for the consequences or costs of such a delay.

3.2 Collection

Collection instructions received after midday will result in the Customer being charged for that full day of hire. If informing the “Owner” after midday on a Friday, The Customer will be charged for hire over the weekend.

Do not assume the “Owner” will automatically collect equipment on the return date on the order.
The “Owner” will not automatically collect any Equipment, the Customer will pay hire charges until the equipment arrives back at the “Owners” premises. It is the “Hirers responsibility to correctly check the order detail records the specified a certain collection date.

The Customer can make alternative arrangements to return the Equipment to the “Owner”, but you must make sure that whoever returns it back gets the signature of the “Owners” employee as proof of delivery.
A list of equipment on hire is available upon request, the “Owner” will not provide this information unless requested.

It is the Customers responsibility to inform the “Owner” of a site closure, it will be assumed any Equipment not returned to the “Owner” is still on hire and the customer will continue to be charged and pay for hire of any outstanding Equipment.

It is not the “Owners” responsibility to keep track of the Equipment in the Customers care. It is the Customers responsibility to ensure that all goods are adequately packaged to offer protection and security. The Customer will be charged for any damaged or missing items if not adequately packaged. The “Owner” will inspect the Equipment upon receipt and notify the Customer of any discrepancies within five working days.

Any failed collections will incur an additional charges at the rate stated in the Hire Contract.

3.3 Lost or Unreturned Equipment

If you are unable to return the Equipment to the “Owner”, then you must immediately inform the Owner in writing.

The Customer will be charged the full new retail price of any lost Equipment. The customer should pay any such charges within 14 days of the invoice date, rental will be charged up to the day written notification is received. Should payment not be received within the 14 day period, the hire charges will continue until the day the “Owner” receives the payment and hire charges will be applied right up to that date.

Should equipment previously notified as unreturnable be subsequently found within 3 months of the original notification, the Customer will be liable for all rental charges up to the date of return.
A credit to the customer will be issued for any lost equipment charge relating to the returned equipment, provided the equipment is in good working order.

4. TERMS OF PAYMENT

The customer is Not entitled to cancel the order after acceptance by in accordance with clause 1 above. The “Owners” terms are 14 days from invoice date for loss, damage, or unreturned Equipment charges (if exceeded the Customer must pay hire charges right up to the date the invoice is settled) and strictly 30 days from invoice date (unless otherwise negotiated) for all other charges normally by direct debit.

If you exceed these terms, or break any other clauses in this contract, then The Owner reserves the right to do any or all the following:

Cancel this hire contract (and any others the Customer has placed)
Recover Equipment, The Owner retains the right under this agreement to enter the Customers premises in order to recover the Equipment, and grant us an irrevocable license to do so for this purpose
Refuse to make any further hires to the Customer or exchange any faulty Equipment on hire
Charge interest on any late payment by the Customer at the rate of 8% per year over the Bank of England base rate calculated on a daily basis on any amount due from the date it became due until the date when the payment in full (including interest) is received by The Owner both before and after any judgment.
Recover reasonable debt recovery costs
In the case of stage payments for part shipment, withhold any further shipments

No offsetting by you shall be permitted except in respect of such counterclaims, which Ninehundred Communications does not contest, or are subject to a final court order.

It is the Customers responsibility to ensure the “Owner” is supplied with a remittance advice to allocate the funds accordingly. Should the “owner” receive a payment without receiving a remittance advice within a reasonable time it reserves the right to allocate the payment to the oldest invoice first without prior notification to the Customer.

No payment shall be deemed to have been received until the Owner has received cleared funds.
Credit facilities are agreed as part of the Owners’ account application process. If the current balance on the account exceeds the Customer’s agreed credit facility, the account will be placed on stop immediately and no further orders will be processed until payment is received for all invoices due. At the Owners Discretion may withdraw the Customer’s agreed credit facility at any time.

Any queries or complaints regarding an invoice or the services to which it relates must be made prior to the due date otherwise the invoiced amount shall be deemed due and payable in full.

The Owner reserves the right to refuse to execute any order or contract if the arrangement for payment or credit rating is not satisfactory.

4.1 Non – Payment / Insolvency

If the Customer fails to pay any sum due under an Equipment Order on the due date or the Customer becomes insolvent or if the Customer is a Limited Company or partnership and there is a material change in its constitution or it commits a material breach of this Contract and fails to remedy that breach all amounts outstanding by the Customer to the Owner shall become immediately due and payable.

The Owner shall be entitled to do any one or more of the following (without prejudice to any right or remedy The Owner may have) under the Late Payment of Commercial Debts (Interest) Act 1998:

Instruct a debt recovery agency, to recover the amount due
Add interest from the due date until payment is made in full, both before and after any judgment, at a rate equivalent to 8% above the Bank of England base rate from time to time, calculated on a daily basis.
Register the debt with one or more credit reference agencies, without liability on the Owners’’ part, which may affect the Customers credit rating and adversely affect the Customer’s business.
Cancel or suspend any further services to the Customer under any contract or order without liability on The Owners’ part until satisfactory conclusion or settlement of the debt has been reached.
Allocate any payments made in the first instance towards late interest, late fees and debt recovery fees.
Require payment in cleared funds in advance of any further orders.

The Customer hereby irrevocably indemnifies the Owner on a full indemnity basis in respect of all costs and expenses including legal, debt collection, valuation fees, internal costs the Owner incurs, and any value added tax incurred thereon by it in connection with the enforcement of the Owners rights hereunder. The Customer shall hold the Owner harmless in respect of any loss incurred as a result of any of the above actions taken to recover any debt payable by the Customer to the Owner.

5. INSTALLATION

The Customer shall, at your own expense, make sure all preparatory work is carried out in a timely way so as to ensure a smooth and proper installation, assembly or repair of equipment. If delays occur for which the customer is responsible the Customer will be liable for all additional costs incurred by the “Owner” or its agents as a result of the delay.

Any work performed on the equipment or parts used will be charged at the “Owners” standard labour rate and parts cost currently in effect at that time. Travel time to and from the installation site(s) will be charged separately.

The “Owner” shall only be liable for the proper handling and assembly of the equipment. No liability is accepted for any work of the “Owners” employees or agents which is not related to delivery or assembly.

6. DAMAGE

Should the Equipment be damaged whilst in the possession of the Customer, charges will be applicable for the repairs the Owner decides are necessary or, in the case of complete loss, for replacement of the Equipment at the full new retail price of the same product or in the event of discontinued items the retail price of its equivalent will be charged. You are entitled to inspect the equipment at the Owners premises and within 7 days of the date of return before repairs are conducted.

7. NETWORK & RADIO COVERAGE

The Owner provides hire equipment, but do not run networks. Advice can be provided with information about network coverage but cannot be guaranteed or be liable for its accuracy. For example, if the Customer uses their own SIM card it is the customers responsibility to make sure checks are made with the network provider to confirm it will work in the area required. The Customer will still have to pay for the equipment hire even if there is no network coverage and regardless of the ownership of the Sim Card.

In addition, we can’t guarantee radios will operate without interference from external sources such as other radio installations. We will however make every effort to select frequencies and design the system to minimise the chance of external interference.

8. GOVERNMENT LICENSES/PERMITS

The “Owner” offers to assist the Customer with obtaining any necessary licences and permits required to operate the Equipment, it is the Customer responsibility to do so, unless you are using our short-term rental frequencies which we will provide you the details of on every hire.

9. THE ADDITIONAL INFORMATION

a. Warranty

The “Owners” liability is limited to the provisions of the warranty provided by the manufacturer unless a Maintenance Contract or Rental Agreement is in place for which there will be a separate contract.

b. Liability

Except as set out in these terms and conditions the “Owner” shall not be liable to the Customer

For any defect in any Equipment supplied to the Customer.
In respect of any indirect of consequential loss (including loss of profits) however caused

c. Governing Law and Jurisdiction

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

The parties irrevocably 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: 21/01/2025 09:44 am