TERMS AND CONDITIONS FOR renting equipment from GASDETECT
1. GENERAL TERMS AND CONDITIONS:
1.1 – The following terms and conditions constitute the entire agreement between GasDetect and the lessee (referred to as the Customer) of the equipment specified in the rental. The contract is not valid until:
1.1.1 -GasDetect has sent a signed contract outline to the customer and the customer has returned the signed contract to GasDetect.
1.1.2 -sending the equipment in question to the Customer.
1.2 – By placing an order with GasDetect, the Customer is deemed to have accepted these terms and conditions. Changes in terms and conditions shall not have effect unless they are in writing and signed by the party who should be bound by them. Any documentation or communication from the Customer specifying other terms and/or conditions does not affect these terms and conditions unless verified by GasDetect in writing.
2. THE RENTAL PERIOD:
2.1 –Rental installments are per month. The rental period must be fixed and the dates of termination defined, unless otherwise specified. Any extension of the rental period constitutes a new contract and GasDetect reserves the right to change the rental price of said equipment and/or charge an additional price upon contract renewal. GasDetect should be notified immediately of any extension of the lease.
2.2 – The rental period is considered to start the day after the equipment is dispatched to the customer, and must continue up to and including the day the equipment is returned to GasDetect’s address.
2.3 –GasDetect reserves the right to charge a fee for equipment returned outside normal working hours.
The rental period can be terminated by both parties by written notice to the other, with at least 14 days’ notice.
3.1 – The rent to be paid by the Customer is the rate or rates that appear in GASDETECT’s
written offers. GasDetect reserves the right to change the rental fee and other fees as mentioned
in point 4 below, and the published terms and conditions for contract renewal.
All prices are stated excluding VAT.
4. OTHER COSTS:
4.1 – Insurance costs:
It is the customer’s responsibility to insure the equipment at full replacement value against loss or damage of any occurrence from the time of dispatch from GASDETECT until the equipment is returned to GasDetect. The customer assumes the entire risk of loss or damage to this equipment from any event whatsoever.
4.2 – Delivery:
GasDetect is entitled to collect freight from GasDetect and to the Customer’s address in addition to the agreed one.
It is the customer’s responsibility to return the equipment to GasDetect’s address, unless otherwise specified by GasDetect, via suitable means of transport at the end of the rental period. If, in a specific case, an agreement has been reached that GASDETECT must pick up the equipment, GasDetect must be entitled to charge reasonable costs for this, including transport, tolls and time spent.
It is the customer’s responsibility to obtain written acceptance from an authorized representative of GasDetect.
4.3 – Cleaning
Units returned in a heavily soiled condition will be charged a cleaning fee. The fee usually corresponds to 2 hours of workshop work.
4.4 – Consumables
All consumables used will be delivered at GasDetect’s standard selling prices.
5.1 –The rent is paid in advance, as a total charge is made for the first three months. After two months and thereafter, rent is charged on a monthly basis, so that at all times payment has been made for the current month plus 30 days.
For leases of less than three months’ duration, the total rent is charged at the beginning of the lease.
GASDETECT is paid the full amount of the said invoice, including all bank charges and related
expenses are borne by the customer.
5.2 – If rent and other costs have not been paid ten (10) days after the due date, GasDetect
right to terminate the rental agreement.
5.3 – GasDetect is entitled to charge interest at a rate of two (2) percent per month, (and pro-rata for any part of a thirty (30) day period) on unpaid invoices calculated from the due date for payment until the date of actual receipt of payment by GasDetect.
A payment is considered to have been made when the payment appears in GasDetect’s payment summary in the bank.
5.4 – The customer must indemnify GasDetect for any loss or expense in connection with the payment.
5.5 – GasDetect Service reserves the right to change credit terms at any time during the rental period if the customer’s payment history or financial situation warrants it.
5.6 –The customer cannot invoke the right to withhold payment based on performance, breach of contract, or any other dispute with GasDetect.
6. APPROVAL OF EQUIPMENT
After receipt, the customer must approve the delivery of the equipment in writing as fully and completely covering the agreement. The customer must draw attention to any errors or defects immediately after receiving the equipment. If the customer does not raise any objections, the delivery is considered to be in accordance with the rental contract and suitable for the purpose for which the customer will use it.
The equipment belongs to GasDetect. The equipment must remain GasDetect’s property and is delivered to the customer exclusively on a rental basis and without a purchase option. GasDetect may at any time sell, transfer or otherwise dispose of all or part of its rights or interests in or to the Equipment or the amounts payable under the Lease to a third party without termination of the Lease.
8. DELIVERY TIMES
GasDetect will make all reasonable efforts to stick to the agreed delivery dates. However, GasDetect will under no circumstances be liable to the Customer or third parties for any delays in delivery for any reason, or any losses as a result.
9. GASDETECT’S RESPONSIBILITY
GasDetect has made every effort to ensure that this equipment is in working order upon dispatch to the customer. GasDetect assumes no responsibility that the equipment can be used for the purpose desired by the customer. It is the customer’s responsibility to investigate the place where the equipment is to be used and compare it with the equipment specifications. The equipment may only be used in accordance with its purpose and according to the associated manuals.
The customer is solely responsible for and must fully indemnify GasDetect against any loss or damage to persons (including death) or property that occurs in connection with the rented equipment or as a result of or in connection with its use.
GasDetect is not responsible for any losses that may arise as a result of or in connection with
failure of said equipment for any reason.
11. OBLIGATIONS OF THE CUSTOMER
The customer confirms to GasDetect that the customer will:
11.1 –Keep the equipment in the Customer’s possession and under its control.
11.2 – Allow GasDetect, or its authorized representative, at any reasonable time to gain access to the premises, vehicle or vessel where the rented equipment is located in order to operate equipment to be inspected, maintained, repaired or tested.
11.3 – Reimbursement to GasDetect on demand for all costs, fees and expenses incurred by GASDETECT due to or in connection with any breach of these terms and conditions by the Customer, including (but without limitation) all costs, fees and expenses incurred in connection with ascertaining location of the equipment and the legal or other costs and expenses that GasDetect may incur in exercising its rights hereunder.
11.4 – Keep equipment in good condition and do not subject the equipment to unreasonable wear and tear.
11.5 – to retain GasDetect and the manufacturer’s identification marks, and all nameplates
that may be on this equipment when it is shipped from GasDetect.
11.6 – Immediately advise GasDetect in writing of any loss or damage and, on demand, reimburse GASDETECT all expenses in connection with this:
11.6.1 – GasDetect must continue to charge the customer the full rent
connection with equipment until the equipment is received by GasDetect, and;
11.6.2 – The customer is responsible to GasDetect for an amount corresponding to the full amount
Replacement price for replacement of the equipment in question with new equipment of the same type
description or, where applicable, of equipment as close to the same description as
will be available from GasDetect at the relevant time.
11.7 – Not sell, transfer, sublease or otherwise take advantage of the lease, on the basis of
the equipment in question or a part thereof.
11.8 – Do not make changes, alterations or make repairs to said equipment without written permission from GasDetect.
11.9 – Pay all amounts due under this Agreement on the due date for payment without any
set-off, withholding or retention.
GasDetect routinely, at its own expense, services the equipment and endeavors to repair or replace any item of equipment that becomes defective during the rental period through no fault of the Customer. GasDetect shall be entitled, at its option, to perform these services on its own terms.
Servicing does not include routine calibrations and maintenance. Calibration and maintenance intervals are specified in the instrument’s manuals. The customer should request time off
training at the GasDetect office if the rental period extends beyond the required maintenance and calibration period for the equipment.
In the event that any element of the equipment fails during a rental period, the Customer must immediately notify GasDetect and seek instructions before taking any remedial measures or returning the equipment to GasDetect.
In the event that the equipment requires repair as a result of the Customer’s negligence, incorrect use or misuse of the equipment, the Customer bears all costs for repair, including material costs.
If the customer wishes to cancel all or part of the rental contract before the start of the rental period, such cancellation can only be effected with the consent of GasDetect and on terms that indemnify GasDetect from loss.
The customer must comply with all manufacturer’s instructions and recommendations for proper use of the equipment and is fully responsible for any damage to the equipment in question as a result of failure to follow such instructions and recommendations or failure to use the same in a proper manner.
15. BREACH OF CONTRACT
In the event that the customer breaches these terms and conditions, GasDetect has the right to access the premises where the equipment in question is located to recover the equipment without prior notice.
GasDetect is indemnified by the customer for all expenses, and any damages or losses to the customer or third parties, which are due to GasDetect exercising this right. This right does not exempt the customer from payment obligations under the contract.
GasDetect is not responsible for delays in performance due to unforeseen circumstances
circumstances or circumstances beyond GasDetect’s control.
17. FEES AND COSTS
GasDetect has the right to recover from the customer all fees and
expenses resulting from the customer’s breach of any part of this contract.
18. EXPORT OF GOODS
The goods cannot be exported without permission from GasDetect. GasDetect is not responsible for any fees, duties or taxes that result from the import or export of goods. If fees, duties or taxes are charged on the goods, or if the goods are retained, the Customer undertakes to pay all related costs and to pay rent until the goods are returned to GasDetect, alternatively to pay the new price of the goods.
19. PERFORMANCE OF THE EQUIPMENT
GasDetect’s staff will provide the Customer with advice and guidance, but cannot be held responsible for the equipment’s performance in all environments. GasDetect cannot guarantee that equipment will work for all applications, but will endeavor to ensure that the equipment meets the manufacturer’s specifications.