Lowe

Terms & Conditions

TERMS AND CONDITIONS – SALES

In these conditions “the Company” means LOWE RENTAL Ltd its trading names or subsidiaries. “The Customer” means the person or company who is purchasing the goods and or services of the Company, “Goods and Services” means the equipment, finished goods, design, articles, materials, systems, software, installation, repairs and services to be offered by the Company.

Unless expressly agreed by the Company in writing, these conditions will prevail over any other conflicting conditions sought to be imposed by a customer and no additions hereto or variations there from shall be binding on the Company.

Wherever possible the Company will supply and fit goods as they appear in the accepted order. However, the Company reserves the right to change the goods supplied to those of another manufacturer, but such alternative goods shall be of the same specification, suitability and quality.

No binding contract shall come into existence until the Company has accepted an order from the Customer. All Estimates or Quotations are subject to Government duties, charges or VAT unless otherwise stated in writing.

Any quotation or estimate given by the Company will always be subject to the Company’s absolute right to change the price due to, but not limited to, currency fluctuation, manufacturers price variations, transport and fuel costs, unexpected taxation or government levy variations, labour or supply costs or any mistake made by the Company.

Payment by the customer to the Company must be made in full on receipt of the order for goods and services being supplied by the Company unless the customer has an approved credit agreement with the Company. In such a credit agreement the payment to the Company will be an agreed percentage of the full value on receipt of the order, plus the remaining balance of payment to be paid within 28 days of delivery confirmation or final invoice by the Company. If payment is not made within 28 days interest shall be charged at 5% per month of the amount outstanding until the account has been paid in full. All payments shall be made to the company at the address detailed on the invoice.

The Company and the customer hereby agree that until the Company has been paid in full for the goods comprised in this or any other sale contract between them:

(a)     The goods comprised in the contract remain the property of the Company,

(b) The Company may recover these goods at any time from the customer if they are in their possession, if the amount outstanding from the customer on general statement of account between the parties is in excess of the customer’s credit limit. Should such an event occur and the Company its servants or agents may enter upon the land or building upon which goods are situated for the purpose of such recovery,

(c) If the customer incorporates such goods into other products or uses such goods as materials for other products, the property in those other products is upon such incorporation ipso facto transferred to the Company and the customer as bailey of them for the Company will store the same for a proper manner without charge to the Company,

(d) The customer has the right to dispose of the goods or such other products in the course of this business for the account of the Company and to pass good title to the goods or products to this customer, being a bona fide purchaser for value without reasonable notice of the rights of the Company. In the event of such disposal as outlined, the customer has a fiduciary duty to the Company to account for the proceeds but may retain there from any excess of such proceeds over the amount outstanding under this or any other sale contract between them and the Company has additional right to recover the customers purchase to extent unpaid. If the Company avails themselves of such right they will account to the customer for any such access as aforesaid less any expenses incurred by the Company in or about the recovery.

(e) If the Company does not achieve satisfactory payment for goods supplied and have pursued recovery of such goods the customer will be responsible to reimburse the Company in full for the total cost of recovery.

8. Risk shall not pass at the same time as property in the goods but will pass at the time of delivery and the customer should arrange insurance cover and / or security accordingly.

9. On delivery of goods and or services by the Company to the customer, the customer shall check all quantities of goods and quality of services delivered on receipt against any delivery note and or service completion certificate any shortages or service defect must be reported to the Company immediately. If the customer so fails to notify the Company the customer will be deemed to have received all the goods and services as specified and in perfect working condition.

10. When any fault is found in the goods and services provided by the Company, its liability shall be limited to the value of the goods and services supplied, or any defects in workmanship the liability of the Company shall be limited to the cost of remedying the defects in workmanship. The Company shall not be held liable for any other costs as a result of faulty goods or services. The Company shall not warrant any goods or services supplied to the customer unless explicitly detailed in writing by the Company nor shall the Company under any circumstances warrant any goods supplied that may be classed as consumables or materials that may have published life span. Provided always that the Company shall be responsible for death or personal injury resulting from the negligence of itself or its employees as defined by Unfair Contract Terms Act 1977 

11. The Company will not accept any liability for consequential loss arising from faulty materials supplied or faulty workmanship or delay on deliveries or any cause provided always that the Company’s liability will be limited to death or personal injuries resulting from negligence of itself or its employees.

12. If goods and or services supplied by the Company are in any way unsatisfactory, the customer must notify the Company by telephone, fax or email within 24 hours and must follow up in writing within seven days of the receipt of the goods and or services.

13. All illustrations, drawings, catalogues and descriptive matter are of a generally informative nature only and do not form part of specification or description of the goods and or services except to the extent expressly incorporated in them in writing. All such illustrations, drawings, catalogues and descriptive matter submitted by the Company will remain the property of the Company and they shall not be disclosed to any third party without the Company written consent specifically authorizing such disclosure.

14. The Customer and Company hereby agree not at any time during or after the sale or supply of the service to divulge or allow to be divulged to any person any Confidential Information relating to the business or affairs of the other party to the Contract except as permitted by law or with the other party’s consent.

15. In the event of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, force majeure, flood, lock out, strikes of workmen or any other cause beyond control of the Company the Company shall be relieved of liabilities incurred under these conditions to the extent in which the fulfilment of such obligations is prevented or frustrated as a consequence of any such event as outlined above and the Company shall be at liberty to defer the date of installation, service or delivery to cancel an order. If the contract is cancelled under this provision the Company shall be entitled to payment for all goods and services provided under the contract and to payment of a proportion of the price specified in the contract.

16. If provision of this document or portions thereof are held to be invalid under any applicable statute or rule of law, or regulation they are to that extent to be deemed omitted from the conditions of sale and shall be interpreted under the laws of the state if any dispute shall arise there under. For the avoidance of doubt the remaining clauses of this contract will remain good and valid in the law.

17. The Company shall not be responsible for any error or omissions unknowingly excluded from its documentations.

Lowe Rental Terms and Conditions of short term Rental

1. Purpose and understanding.

These Conditions shall apply as between the Company (the owner) and the Client (the renter) in respect of the Services provided under the Contract and no other terms shall prevail.

The “Owner” is Lowe Rental Ltd and this expression includes its successors and assignees.

The “renter” is the company firm or person’s (as stated on the schedule to the contract) taking the owners equipment on hire and this expression includes successors, assignees or personal representatives.

“Equipment” shall include any machine or part thereof and any attachments or fittings or replacements or any other thing rented under this contract.

“Statute” means any act of Parliament/government Order, Regulation, Bye Law or other similar instrument whether national or local, including any amendment thereto or re–enactment or replacement thereof.

“Price” shall be the rate of rent for the equipment as provided on the pricing schedule, in the specified currency, and subject to the provisions of these General Terms and Conditions of Rental.

“Contract Period” is such fixed period as is stated on the schedule to this Contract.

“Rental Period” means the period of hire from the date of delivery of the Equipment up to the off–rent date; (both inclusive) all days being chargeable at the full daily rate of rental or at the weekly pro–rata depending on the length of the rental period, but subject to the stated minimum charge. 

2. Acceptance.

All variations or proposed variations of these General Terms and Conditions shall be deemed to be of no effect unless agreed in writing and signed by a Director of the Owner.

Unless the renter notifies the Owner by telephone, fax or email within two hours of the equipment being delivered to the site, the equipment shall be deemed to be in good serviceable order, in accordance with the Terms of the Contract and to the renter’s satisfaction.

3. Commencement of rental.

Subject to the other provisions of this Contract, the owner shall supply the equipment on the delivery date and at the site stated on the Schedule of Contract for a cost as agreed by both parties.

Responsibility for loss or damage to the equipment is accepted by the Renter from the time the equipment is delivered to the site until it is removed from the site by, or on the instructions of the Owner. This responsibility will also apply whilst the equipment is on site during any period prior to the commencement of the rental or after its termination whilst the equipment is waiting collection.

4. Owner’s Obligations.

The owner will:

Ensure that the commencement of the rental all Statute regarding construction and maintenance to the equipment have been complied with;

Service the equipment in accordance with the owner’s standard Service and Preventative Maintenance Schedule if required in the contract schedule.

Repair or replace any item of equipment failing in its normal use, as quickly as reasonably possible and during normal working hours at times to suit the convenience of the renter.

The owner reserves the right at its sole discretion to replace equipment with replacement equipment of similar type, age and condition at any time during the Contract Period or rental Period and all the Terms and Conditions of this contract shall apply equally to the replacement equipment.

5. Renters Obligations.

The renter agrees to use the equipment solely for its intended purpose.

The renter agrees to take all reasonable steps to maintain the ambient conditions for which the equipment was designed.

The renter accepts full responsibility for any damage caused to the equipment due to misuse, poor positioning or negligence.

The renter shall use the equipment as instructed by the staff of the owner or by written communication by the owner.

6. Renters Liability for Loss or damage.

The renter accepts full responsibility to the owner for and fully indemnifies the owner against loss (including theft) or damage to or destruction of the equipment suffered during the Contract Period or rental Period as appropriate from whatever cause the same may arise, and is fully responsible to the owner for the safekeeping of the equipment and its return in equal order to the owner at the end of the rental.

Where any item of equipment is lost, stolen, destroyed or damaged beyond economical repair  the renter shall pay to the owner on demand the full replacement value of such equipment and a sum equivalent to any rental due and payable, and the owner shall supply replacement equipment to which all these General Terms and Conditions shall apply. This Contract shall not be terminated nor shall any obligations of the renter under this Contract be diminished only by reason of any total or partial loss of or damage to the equipment. The renter accepts all liability and responsibility in respect of and shall fully and completely indemnify the owner against, all third party claims and losses howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by relating to the equipment or its use (including but not limited to the payment of all damages, costs and charges in connection therewith) except insofar as the injury or death directly results from the negligence of the owner, its employees or agents.

The renter shall be solely responsible for and fully indemnify the owner against all claims, demands, liabilities, losses, damages and expenses in respect of any damage to or loss or destruction of the property of the renter or others and in respect of the personal injury or death of  the renter or his employees or contractors or other person in any way caused by or relating to the equipment or its use except insofar as any such injury or death directly results from the negligence of the owner its employees or agents.

The renter must, at the renter’s expense, fully insure the Equipment with a reputable insurance company. The renter must also ensure that the policy of insurance provides insurance cover unless otherwise agreed in the contract schedule. In respect of all the renters liability or responsibility and indemnity to the owner under this Contract.

In respect of the renters liability to third parties relating to the equipment or its use.  Where the rental involves the carriage of the equipment on the renters own transport or transport arranged by the renter, insurance for goods in transit to cover the full replacement value thereof.

The renter shall produce the policy or policies effected hereunder for inspection by the owner on demand if required the (owner’s interest to be noted on such policy) and hold the proceeds of any claim under sub–clause (1) above in trust for the owner.

7. Ownership.

The equipment remains at all times the property of the owner.

The renter shall not without the written consent of the owner (which may be arbitrarily withheld) assign, sub–let, mortgage, charge, pledge, part with possession of or otherwise deal with the equipment.

No permitted sub–renting shall relieve the hirer from the renter’s liability under this Contract.

8. Payment.

All payment  shall be made within 7 days of order placement  in cash or by depositing cleared funds at the owners bank by the date of delivery or otherwise agreed payment date, and thereafter against the owners invoices which are payable within 7 days of issue.

Immediately upon the rental being terminated by the owner in accordance with sub–clause 11 (b) hereof the renter shall pay to the owner (in addition to any compensation payable hereunder) all moneys then due under this Contract and any moneys which the owner may be liable to pay to a third party by reason of any seizure and removal.

The Renter shall pay on demand to the owner for all repairs and replacements to the equipment.

9. Cancellation policy.

 The owner has a stringent cancellation policy for all short term rental as detailed below.

1.0Events with published order deadlines; the owner may publish an order deadline for exhibitions that are extremely difficult to service and or may be considered as equipment sensitive.

– If an order cancellation notice is received before the official order deadline; a full refund of the total order value shall be given.

–If a cancellation notice is received after the official order deadline the renter shall be contracted to pay the full amount of the order value.

2.0      Events without published order deadlines.

–If an order cancellation notice is received not less than 14 days before the official commencement date of the event; a full refund of the total order value shall be given

–If a cancellation notice is received less than 14 days before the official commencement of the event the renter shall be contracted to pay the full amount of the order value

10. Allowances and Liability.

Without prejudice to the provisions for payment hereinbefore set out, the renter shall be fully liable to the owner for damages for any breach of this Contract. The owner shall not be liable to the renter for any consequential or indirect loss or damage (including loss of profits) arising out of or in connection with the provision of any equipment goods or services pursuant to this Contract arising out of any accident or damage howsoever caused.

11. Termination of rental.

A short term rental is a single fixed price agreed between the owner and the renter, the term shall be for the rental of the equipment for duration of the event for which the equipment is for, termination of the rental shall become effective on the termination of the event. If the event is extended from original agreed date then the renter shall pay pro–rata the price.

If the event is cancelled the cancellation policy (point 9) shall take precedence. 

12. Time for Indulgence.

Any time or any variation to these contract terms granted by the owner shall not limit the full rights of the owner under this Contract.

13. Force majeure.

The owner shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay due to any circumstance beyond their reasonable control.

14. Dispute resolution.

(a) The parties will each use their reasonable efforts to negotiate in good faith and settle any major or material dispute that may arise out of or relate to the Contract, these Conditions, the Services or any breach of contract. If any such dispute cannot be settled amicably through ordinary negotiations by the respective representatives, the dispute shall be referred to the senior representatives nominated by the managing director of the owner and the renters managing director who will meet in good faith in order to try and resolve the dispute.

(b) If the dispute or difference is not resolved as a result of such meetings either party may (at such meeting or within ten (10) days of its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator (”the Adviser”) before resorting to litigation with costs applied as directed by the mediator. (c) If the parties fail to reach agreement in the structured negotiations within twenty one (21) days of the Adviser being appointed, either party may then refer any dispute to litigation.

15. Confidential information.

The parties agree not at any time during or after the Term to divulge or allow to be divulged to any person any Confidential Information relating to the business or affairs of the other party to the Contract except as permitted by law or with the other party’s consent in writing.

16. Jurisdiction. This Contract shall be governed by the laws of England and all disputes arising there from shall be decided by the English Courts, except that, where the renter is trading solely in Scotland or N Ireland. The owner reserves the right to pursue its claims under Scottish or N Irish Law and in the applicable courts.