5. COLLECTION AND RETURN OF THE EQUIPMENT BY THE HIRER
5.1 This clause 5 shall only apply if the Hire Form specifies, or the parties otherwise agree in writing, that the Equipment is to be collected by the Hirer from the Company’s premises.
5.2 The Hirer shall collect the Equipment from the Company’s premises on the Commencement Date.
5.3 The Hirer shall be responsible for inspecting the Equipment upon collecting the Equipment from the Company’s premises.
5.4 The Hirer shall return the Equipment to the Company on the Return Date. If the Hirer fails to return the Equipment when it is due to be returned the Hirer shall not only be liable to the Company in respect of any costs and expenses suffered or incurred by the Company as a result of such failure but the Company shall be entitled to charge the Hirer such additional charges as the Company shall (acting reasonably and in its sole discretion) determine.
5.5 The Hirer shall comply with all instructions and/or guidance given by the Company to the Hirer in respect of the manner and/or condition in which the Equipment is to be returned. In particular the Hirer shall ensure that any cables supplied with or as part of the Equipment are returned to the Company properly re-coiled. In the event of any failure by the Hirer to company with this clause 5.5, the Company shall be entitled to charge the Hirer an administration/re-coiling charge at such a level as the Company (in its sole discretion and acting reasonably) shall determine.
6. HIRE CHARGES AND PAYMENT
6.1 The Hirer shall pay the Hire Charges in consideration of being hired the Equipment by the Company.
6.2 If the Hire Form states or the parties agree in writing that payment is to be made “In Advance”:
6.2.1 clause 6.3 below shall not apply; and
6.2.2 the Hirer shall pay the Hire Charges (plus any VAT due thereon) in full immediately on or prior to commencement of the Contract.
6.3 If the Hire Form states that payment is to be made “By Deposit and Invoice”:
6.3.1 clause 6.2 above shall not apply; and
6.3.2 the Hirer shall pay to the company the Deposit (which shall be shall be set-off against any Hire Charges and/or other amounts owing by the Hirer to the Company from time to time) (plus any Vat due thereon) immediately on or prior to commencement of the Contract; and
6.3.3 the Company shall be entitled to invoice the Hirer in respect of the Hire Charges (less any Deposit already paid by the Hirer) at any time following the end of the Hire Period.
6.4 All prices are, unless otherwise stated, exclusive of any applicable value added tax, packing, posting and delivery charges (which, for the avoidance of doubt, the Hirer shall also be liable to pay to the Company).
6.5 Time of payment is of the essence of the Contract.
6.6 If the Hirer fails to make payment of any sum due to the Company, the Company shall be entitled to (without prejudice to any other rights and remedies which the Company may have under the Contract or otherwise):
6.6.1 terminate the Contract and/or suspend any further performance of the Company’s obligation under Contracts; and/or
6.6.2 charge the Hirer interest on the overdue amount at a rate equal to 4% above the base rate of The Royal Bank of Scotland from time to time.
6.7 All invoices issued by the Company to the Hirer pursuant to these Conditions shall be payable within 30 days of the relevant invoice.
6.8 The Company shall be entitled to invoice the Hirer from time to time in respect of any other costs, expenses, fees or charges which the Hirer is liable to pay to the Company pursuant to these Conditions.
7. BREAKDOWN AND REPAIR
7.1 The Company shall have no liability to the Hirer for any claim in respect of any defect in the Equipment which:-
7.1.1 where clause 4 applies: 220.127.116.11 would have been apparent on inspection; and/or
18.104.22.168 was brought to the Hirer’s attention by the Company at the time of inspection and which is made after the commencement of the Hire Period;
7.1.2 where clause 5 applies, would have been apparent on inspection and which is made after the commencement of the Hire Period.
7.2 In respect of any defect in any items of Equipment not falling within the scope of clause 7.1, the Company shall arrange for a replacement item of Equipment to be provided to the Hirer as soon as practicably possible following being notified of the defect by the Hirer provided that the Company shall have no liability to the Hirer under this clause where such defect is attributable to the fault or negligence of the Hirer or otherwise attributable to any breach by the Hirer of these Conditions. This shall be the Hirer’s sole remedy in respect of any defects in any Equipment provided by the Company to the Hirer and the Company shall have no liability to the Hirer in respect of any costs and expenses suffered or incurred by the Hirer as a result of such defect.