T&C’s

ETS Sales & Hire Ltd – General Terms and Conditions

1. In the event of an invoice remaining unpaid 14 days after the due date for settlement interest will be charged. The rate of this interest to be 2% per month, calculated on a weekly basis. The Customer shall be liable for all legal or other charges incurred in the recovery of payment or equipment.

2. We understand and will exercise our statutory right (Late Payment of Commercial Debts Regulations 2002) to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

3. ETS Sales & Hire Ltd gives no warranty that goods supplied for sale or hire are fit for the customer’s purpose or purposes. The Customer warrants that he/she has satisfied himself/herself that the goods will be fit for every purpose for which he requires them and that he does not rely on any skill or judgement of ETS Sales & Hire Ltd in that regard.

4. The goods shall be at the risk of the Customer alone from the time when they leave the premises of ETS Sales & Hire Ltd.

5. The customer shall inspect and test the Goods immediately after receipt and shall within 24 hours of receipt give notice in writing to ETS Sales & Hire Ltd of any respect in which he/she alleges that the goods are not in accordance with the contract. If the Customer has not given such notice within that time the Goods shall be deemed to be in every respect in accordance with the contract. ETS Sales & Hire Ltd shall not be liable for any consequential damages arising there from whatsoever.

6. ETS Sales & Hire Ltd shall be relieved of its obligations under this contract insofar that it is hindered in or prevented from performing them by any circumstances whatsoever beyond its control.

7. ETS Sales & Hire Ltd will endeavour to meet any agreed delivery conditions but cannot accept responsibility for any delay in delivery howsoever caused.

8. All quotations are made by ETS Sales & Hire Ltd without obligation. ETS Sales & Hire Ltd reserves the right at any time to vary any quotation or part thereof or to refuse acceptance of any order without assigning any reason for such refusal.

9. Where a Customer has Terms and Conditions covering purchasing that conflict with the Terms and Conditions of ETS Sales & Hire Ltd, then the Terms and Conditions of ETS Sales & Hire Ltd shall take precedence unless specifically agreed in writing by a Director of ETS Sales & Hire Ltd.

10. All quotations and prices are subject to the addition of Value Added Tax at the rate applicable on the date of invoice.

11. Any failure by ETS Sales & Hire Ltd to enforce any or all these conditions shall not be construed as a waiver of any of ETS Sales & Hire Ltd rights hereunder.

12. We reserve the right to change these terms and conditions at any time and without notice.

13. The terms above and contract to which this document relates, shall in all respects be construed and operate in accordance with English Law.

14. ETS Sales & Hire Ltd repair conditions apply to all repair work. Our repair conditions are available on request or on our website www.etsnet.co.uk.

15. Title of goods supplied does not pass to the Customer until full payment has been received.

16. Until the goods shall have passed as condition 14 the Customer hold the goods as bailee for ETS Sales & Hire Ltd and shall keep them separately stored and identified as the property of ETS Sales & Hire Ltd.

17. All goods are sold subject to the specifications and warranties issued by the manufacturer. ETS Sales & Hire Ltd responsibilities for the malfunction or failure to meet performance standards of goods shall be limited in accordance with such specifications and warranties.
18. Any liability of ETS Sales & Hire Ltd shall not exceed the value of the goods so supplied.

19. All hire equipment must be used in accordance with the manufacturer instructions. ETS Sales & Hire Ltd.’s responsibilities for the malfunction or failure of any hire equipment shall be limited to the value of the hire rate for the piece of equipment. Any liability of ETS Sales & Hire Ltd shall not exceed the hire rate of the piece of equipment that has malfunctioned whilst on hire.

20. Plugs and sockets must not be removed from any equipment. We can supply a variety of adaptors to suit all requirements. Any item returned where the plug / socket has been removed or is missing will be subject to an additional charge. Equipment must not be modified or disassembled in any way whatsoever without the express permission of the Company.

21. All one-day hires are strictly for a 24hr period, if this is exceeded ETS Sales & Hire Ltd reserve the right to charge for any additional days.

22. All one-week hires are strictly for a 7-day period, if this is exceeded ETS Sales & Hire Ltd reserve the right to charge for any additional days.

23. Any missing from hire items which are not returned within 3 days will be charged for at the replacement price.

24. Proof of identity will be required when collecting equipment, i.e. passport, driving license, utility bill etc. If goods are delivered to an address other than the venue they are to be used in, agreement must be obtained from the Company.

25. All hire equipment shall be returned in good condition.

26. Any hire cables returned un-coiled and or un-taped will be charged at £1.20 + VAT.

27. ETS Sales & Hire Ltd can charge a non-refundable deposit for the value of equipment and services to be supplied

28. ETS Sales & Hire Ltd will not reserve equipment or services until written confirmation and deposit payment has been received.

29. ETS Sales and Hire reserves the right to impose cancellation fees against hire of equipment and services to be supplied once agreement has been received from the customer. The fees will be calculated on the total cost of goods and services to be supplied. Cancellation of a hire or event before 60 days of the contracted start date, there is no additional fee. Cancellation between 59 days and 31 days, the charge will be 50% of the total contracted price. Cancellation between 30 and 15 days before the event will be charged at 75% of the total contracted price. Cancellation of the event with 14 or fewer days’ notice will mean that the customer is liable for 100% of the total cost of the agreed price.

30. ETS Sales & Hire Ltd will not be liable if the site or venue is unsuitable for the equipment specified or access to the site is not available as agreed.

31. ETS Sales & Hire Ltd will not be liable for adverse weather conditions causing failure to deliver, set-up or operate equipment.

32. ETS Sales & Hire Ltd will not be liable for any losses due to lockouts, disputes or strikes.

33. ETS Sales & Hire Ltd will not be liable for any causes beyond our control that result in the cancellation of a hire or event

34. ETS Sales & Hire Ltd will not be liable for any indirect, special or consequential loss or damage.