Hire and Sales Terms and Conditions
This Contract is for the hire of items and accessories (“Equipment”) and the sale of ‘resale’ goods (“Goods”) detailed overleaf, and the parties to the Contract are:
i. The person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
ii. Firefly Hybrid Power Ltd (Registered No. 07250332) with registered offices at 5 Cairn Court, East Kilbride, Glasgow, G74 4NB. (“Firefly”).
iii. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
b. Extent of Contract and Cancellation
The Contract is not assignable and is effective when Firefly accepts the Hirer’s detailed order. Firefly reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of one month; the Hirer in these circumstances must return the Equipment before the last day of the one month period.
Firefly may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
d. Ownership of Equipment and Goods
Equipment hired remains the property of Firefly at all times. Ownership of Goods purchased transfers only when full payment is received by Firefly .
2. HIRE CHARGES
a. Basis of charging
The stated hire charges laid out within the Quotation are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Quotation and are based on the current Firefly price list.
b. Transport charges
Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
Deposits are set by Firefly at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer upon confirmation of the hire and before the commencement of the hire period. In the event that deposit amount exceeds the total monies due, balances will be refunded by cheque or BACS transmission within 7 business days.
d. Cleaning and damage repair
The Hirer will pay for required cleaning, breakages and damage repair.
e. Loss of Equipment
Firefly will treat Equipment not returned or available for collection by the end of the agreed hire period, including any agreed extension to said period, as lost. The Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
a. Payment Terms
Should Firefly grant a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT where applicable, shall be made in full cleared funds within 30 days of the date of invoice or within 30 days of the end of the hire period whichever falls latest. When a credit account has not been granted, payment of any charges or any other sums due under the Contract shall be made at the point of order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until Firefly has received cleared funds or cash.
b. Invoice Queries
The Hirer should notify Firefly of any queries concerning invoices in writing within 14 days of the invoice date. Firefly will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
c. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by Firefly in the recovery of amounts due, Equipment and/or Goods. In addition Firefly Solar may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 5% and/or may suspend further services to the Hirer.
d. Credit Limits
Where Firefly has granted a credit account to the Hirer, Firefly may set a reasonable credit limit. Firefly reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. HIRER’S RESPONSIBILITIES
a. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to Firefly immediately by telephone.
b. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
c. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to Firefly and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the Firefly operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify Firefly of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-Firefly Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
e. Return or collection of Equipment
The Hirer must ensure that Equipment is returned or ready for collection by the agreed date and time. The Hirer remains responsible for the Equipment, and in particular its security, until collection or return.
f. Lost or stolen Equipment
The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to Firefly any insurance claim proceeds. This liability is without prejudice to any Firefly rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of Firefly.
g. Electricity Supply and/or Fuel for Equipment
Where Equipment requires electricity and/or fuel, the Hirer must ensure that the Firefly or manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.
5. Firefly’s RESPONSIBILITIES
a. Hire rates
Firefly will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions
Firefly will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment
Firefly will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes Firefly will substitute items of the same or similar specification.
d. Delivery and collection
Firefly will deliver or collect Equipment at the agreed time and date wherever possible.
e. Returned Goods
Firefly will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
f. Limitation of liability
The liability of Firefly for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above Firefly will be liable for negligence or error in the performance of its obligations under the Contract.
6. DATA PROTECTION
The information you provide will be held in accordance with the Data Protection Act 1998 and will be used by Firefly. We may want to contact you from time to time about other products or services available from us. We will never release your contact details to other companies without prior consent. If you do not want to receive further contact from us then please notify us by email at: email@example.com
Website Terms and Conditions
No Representation or Warranty
1. This Web Site is provided by us on an “as is” basis to users. You use this Web Site at your own risk.
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3. We make no representation, warranty or condition, express or implied to you as to:
1) the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any content, information, advice, service, search results or products provided on or through this Web Site; 2) that the service provided on the Web Site will be uninterrupted or error-free.
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Your confidential use of this site cannot be guaranteed by us. We shall not be
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Limitation of Liability
2. You expressly acknowledge and agree that we, our officers, employees, contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: 1) the use and reliance on the Web Site or the inability to use the Web Site; 2) any products or services, information or advice received through or advertised on the Web Site or on any links provided on the Web Site; 3) any errors, omissions, interruptions, suspension, termination, deletion of files or email, defects, viruses, delays in operation, transmission or service response time or any failure of performance of the Web Site.
3. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
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1. Except as expressly provided in clause 5.2, nothing contained in this Web Site shall be construed as conferring any licence or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
2. You are hereby granted a nonexclusive, non-transferable, limited licence to access the materials available on the Web Site, to make a copy of the results of any searches made and to use those results provided that such access, copying or use does not constitute or enable (by you or any third party) the prohibited uses set out below and provided that such access, copying and use are not for the purpose of or in the course of any business.
3. You are expressly prohibited from: 1) using the data or other material from the Web Site (“the Data”) for any kind of direct marketing, telemarketing or electronic marketing; 2) using, extracting, distributing or matching the Data for the purposes of compiling databases, directories or lists; 3) using the Data to issue questionnaires, response forms or cards or anything similar for the purpose of data capture or verification; 4) modifying the Data or merging it with any other data; 5) selling or trading in materials copied from the Data.
Linking to this Web Site
You may provide links to this Web Site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web Site, (b) you discontinue providing a link to this Site if instructed to do so by us.
Governing Laws in Case of Dispute
This website may contain data and mapping services supplied by Google Maps. By
using this Web Site you acknowledge and agree to Google’s Terms of Service and you agree that Google (or Google’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service and Content, including any intellectual property rights that subsist in the Service and Content(whether those rights happen to be registered or not, and wherever in the world those rights may exist).