We agree to hire the equipment described overleaf ("the Equipment") to you for the period as stated overleaf unless terminated by us in accordance with clause 6 below. At the end of the minimum rental period you may continue to rent the equipment on the same terms until such time as the agreement is terminated by giving three months notice in writing.
2.1 On the date of delivery you must pay the First Rental and thereafter you must make each subsequent payment on the same day of the month at the interval stated overleaf. It is an essential condition of this Agreement that we receive all payments on their due dates without previous demand.
2.2 You agree to pay us interest on any payment or other sums due to us under this Agreement but unpaid at 2% per month from its due date to the date of payment. Such interest to run day to day and after as well as before any judgement.
2.3 There shall not be any rebate or deferral of any payment during any period in which the Equipment is not in your possession or is unserviceable or for any other reason is not in your use.
3.1 We agree to procure the maintenance of the equipment during the continuance of this agreement.
3.2 For the purpose of maintenance visits will normally be made during the hours of 9am to 5pm Monday to Friday, excluding Bank Holidays.
3.3 Our agents and employees should be allowed access to your premises at all times to maintenance the Equipment.
3.4 Routine service inspections of the Equipment will be made every 12 months during the continuance of this agreement. Any defects or malfunctions discovered will be rectified as soon as is reasonably practicable during normal business hours.
3.5 If you discover a defect or malfunction you must immediately advise us of the same whereupon we will arrange to effect a repair to the Equipment as soon as is reasonably practical during normal business hours.
3.6 Other than any defects, deficiencies or damage caused by use or operation by the Hirer of the Machines other than in material accordance with the Supplier’s manuals or instructions, or improper repair or modification to the Machines by the Hirer, or by fair wear and tear, the Seller shall free of charge either repair or, at its option, replace any defective components where the defect is reasonably apparent and appears under proper use.
4.1 All risks in respect of the equipment shall at all times rest with you until possession of the Equipment is retaken by us and until such time you shall keep the Equipment insured to its full replacement value with an insurer duly authorised under the Insurance Companies Act 1982 against loss or damage by fire, theft, flood, storm and accidental and third party liability. All monies payable under such policy shall be payable to us or to our order and any insurance monies received by you shall be held by you on trust for us and you shall if required assign to us all your insurance rights in respect of the Equipment.
4.2 If the Equipment is declared a total loss you will on demand pay us an amount which added to the net proceeds recovered from the insurance equals the sum specified in clause 7 below.
4.3 If you fail to insure the Equipment we may do so and you will repay the cost to us on demand.
5.1 Be responsible for arranging in conjunction with us the delivery, installation and commissioning of the equipment.
5.2 Be responsible for loss of or damage to the Equipment whilst in your possession howsoever the same may occur.
5.3 Agree that it is not our responsibility to make any alteration to the Equipment or bear the cost of any such alterations which may become necessary or compulsory as a result of any changes in legislation.
5.4 If so required allow us to indicate on the Equipment our ownership thereof by whatever means we deem appropriate.
5.5 Keep the equipment in your sole possession at the location specified overleaf and not sell, assign, mortgage, charge or sub-let the Equipment nor without our consent remove or permit the removal of the Equipment from the United Kingdom.
5.6 Keep the Equipment free of all liens and pay all taxes and impositions in respect of the Equipment its hiring hereunder and its location excepting only any taxes on or assessed by reference to our profits and any Value Added Tax which we are able to reclaim from HM Customs & Excise.
5.7 Not do or permit or cause to be done any matter or thing whereby our rights in respect of the Equipment are or may be prejudiced.
5.8 Indemnify us in respect of any claims made against us and all damages costs and expenses suffered or incurred by us as a result of a claim made by a third party arising out of state, condition or use of the Equipment or in any way arising out of its hiring hereunder.
If you repudiate or are deemed to repudiate this Agreement by breach of any of your obligations hereunder you shall no longer be in possession of the Equipment with our consent and we may terminate the hiring and take back the Equipment and you will be liable to pay us the sums due under Clause 7 and without prejudice to the generality of the foregoing it is agreed that any of the following events will constitute a repudiatory breach of the Agreement:
6.1 If you fail to pay any payment or other sum payable within fifteen days of it becoming due.
6.2 If you commit or cause to permit a breach of any other Term or Condition of this Agreement and fail to remedy the same within fifteen days of the sending of a notice by us requiring the breach to be remedied.
6.3 If any of your Creditors becomes entitled to present a bankruptcy petition against you.
6.4 If you enter or attempt to enter a composition with creditors or (where you are a limited company) a petition is presented for the appointment of an administrator or if a receiver is appointed in respect of your assets or any part thereof or a meeting whether formal or informal is called of your creditors or if you enter into liquidation except a voluntary liquidation for the purpose of amalgamation or reconstruction on terms previously approved by us in writing.
6.5 If any distress or execution is levied against assets under your control.
6.6 (In Scotland and in addition to the events specified above). If you become apparently insolvent or suffer sequestration to be awarded of your estate or effects or if a receiver or judicial factor or trustee is appointed for any portion of your estate or effects you suffer any arrestment charge poinding or other diligence to be issued or levied upon you or your estate or effects or if there is exercise or threatened exercise of any landlord's hypothec.
7.1 Upon any such termination as aforesaid you shall immediately pay to us as a debt:
7.1a All arrears of sums then due by the way of payment and other sums accrued due and unpaid at the date of termination together with interest thereon payable under clause 2 above; and
7.1b As agreed damages the amount of all payments due between termination and the expiry of the minimum period less an equipment rental discount of 50% per annum for early receipt; and
7.1c Any other sums which are or become due to us.
7.2 You may end this Agreement early by giving three month's notice in writing. If you do, you will no longer be able to keep the Equipment and you must pay us all sums referred to in 7 above.
8.1 Without imposing any obligation upon us so to do we may upon or at any time after termination of this Agreement retake possession of the Equipment and for such purpose enter upon any premises belonging to you or in your occupation or control.
8.2 You shall be liable to us for all legal and other costs (on a full indemnity basis) incurred by us in enforcing any provision of this Agreement or recovering any sum due thereunder.
8.3 Any forbearance or indulgence granted by us to you shall not constitute a waiver of any right or remedy which we would otherwise have had against you.
8.4 Notwithstanding the termination of this Agreement our rights in relation to the Equipment and any payments due thereunder shall continue to be regulated by this Agreement.
8.5 You may not assign, mortgage, charge or sublet this Agreement. We reserve the right to transfer, assign or to charge the benefit of this Agreement to any person at any time in our absolute discretion.
8.6 Any notice served hereunder shall be sufficiently served if sent by first class post to your usual or last known place of business and shall be deemed to have been received by you forty-eight hours after posting.
8.7 This Agreement shall be governed by English law and you hereby submit to the jurisdiction of the English Court.
8.8 This Agreement incorporates all Terms and Conditions agreed between us and can only be varied by a document signed by both of us.
8.9 By signing this agreement you agree that the Contracts (Rights of Third Parties) Act 1999 will not apply.
8.10 The transaction fee is comprised of 1.85% of the order value + 20p per transaction. This fee is for card transactions only.
If you are a Body Corporate or if the total payments due under this Agreement are greater than £25,000 (including VAT) this Agreement will not be regulated by the Act. Any statement in this agreement or any copy of this Agreement or in any notice we serve concerning the Act will not apply.
Our rights under this Agreement will not be affected if we do not enforce, or we delay enforcing any of these terms. Nothing in this Agreement shall confer any benefit on any third party and no person other than you or ourselves shall have the right to enforce any term of this Agreement. For the avoidance of doubt the terms "ourselves" includes our successors or assigns.
This website www.miltek.co.uk is run by:
Mil-tek UK Recycling & Waste Solutions
Catheralls Industrial Estate
Reg. no. 4114327
Phone 0800 500 3052
Mil-tek UK Recycling & Waste Solutions reserves the right to modify and update the terms and conditions applicable to this website. It is therefore important that you keep yourself informed of any changes.
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