1. The “Company” means Crates Online Ltd and any third party sub-contractor Crates Online Ltd works in conjunction with.
2. The “Customer” means the person who’s name is recorded on the order form on http://www.cratesonline.co.uk in the box marked customer name, and in certain circumstances includes any “Subsequent User.”
3. The “Equipment” means the crates and any other products, accessories and additions, which the company has consented to sell or hire to the Customer.
4. All business the Company partakes in is subjected to the listed Terms and Conditions, all of which the Customer agrees to abide by when hiring our purchasing the Company’s products. No employee has the authority to alter or change these conditions, other than the Company’s Managing Director.
5. The Company will make every effort possible to ensure that all Equipment is delivered in full at the place and time stipulated when ordering. However, as product stocks are replenished with other punctual Customer returns, the Company shall not be responsible for any loss or damage to persons or property arising directly or indirectly from the hire of Equipment by the Customer, or indeed any Subsequent User or third party. The Company is however not exempt from liability for death or personal injury insofar as it is caused by the Company’s negligence. This clause shall only be in force to the degree permitted by the law.
6. It is the Customer’s duty to ensure that all Equipment supplied by the Company is suitable for the purpose of the order and that all products are examined prior to use in order to verify they are of a suitable standard. The Company will strive to ensure that all Equipment is of an operative state, but in the occurrence of any shortages or damage, the Customer must notify the Company within 24 hours of receiving the order, otherwise the Customer will be considered satisfied with the amount and standard of all Equipment, including its fitness for purpose.
7. The Customer is accountable for the Equipment from the moment of delivery to the point it is presented for return to either the Company or a representative who will collect it. Consequently, the Customer will uphold and pay for insurance while it is in the ownership or control of the Customer or any Subsequent User.
8. The Customer is authorised to:
· Collect an order for Equipment at a Company depot at date and time agreed by the Company prior to this point or
· Request the Company to deliver all Equipment to the Customer’s property, which requires an order to be placed before 4pm the previous working day at least. The Customer will therefore be liable to pay a delivery charge according to the current rate advertised by the Company.
9. Title and ownership of all Equipment continually remains with the Company, therefore the Customer is not permitted to tamper with any signs, nameplates or serial numbers, with the exception of the Company’s adhesive labels in a sensible quantity which can be removed without excessive cost or difficulty. The Customer may not retail, lease, dispense, credit, guarantee, underlet or alternatively trade with the Equipment or any parts thereof, or appoint any of its prerogatives or commitments under the terms of this agreement. Should the customer wish to purchase rather than hire Equipment, it shall remain property of the company until the full cost of the purchase price has been paid.
10. The minimum period of time for Equipment hire is one week. The exact dates this refers to are from the date on which the Equipment is collected or delivered and will continue until the the date when it is delivered to or collected by the Company. During this time the Customer will be liable for payment or hire charges. The Company is permitted to raise its fees from time to time.
11. The company has the right to charge a deposit provided it is not higher than the cost to replace the Equipment hired. This deposit will be returned upon receipt of the hire Equipment, save any costs incurred due to damages caused during the rental period or any unpaid charges. This can be noted under the clauses 11, 16 and 17.
12. In hiring Equipment from the Company, the Customer is agreeing to be responsible for guaranteeing that all Equipment will be returned to the Company at the agreed time and in good, clean, dry working condition. If the Equipment returns in need of repair or restoration, the Company may charge for these expenses or (if it is warranted) choose to replace the Equipment entirely and charge for this sum. The Customer is not permitted to attempt any repairs themselves or have others do this.
13. At the point when the hire period expires, the Customer is responsible for returning all hire Equipment at the time agreed, to the Company’s depot during working hours. (Monday to Friday from 9.30 am to 5.30pm). The Customer must also ensure that they receive a signed receipt at this stage. This is in effect unless the Company has agreed beforehand in writing to collect all Equipment from the Customer’s premises. Should there be any equipment not ready for collection at this time, the Customer will be obliged to pay the costs to hire said Equipment for the period it cannot be returned. In addition, the Customer will also be liable to pay the further collection/delivery fees to receive remaining Equipment, even if such deliveries or collections are unsuccessful due to oversights or acts by the Customer. All Equipment will only be considered returned and in acceptable condition when a signed receipt is issued to the Customer by the Company.
14. Given prior written consent of the Company, the Customer may initiate a Subsequent User provided adherence to the following:
The Customer shall remain responisble for the sum of any hire costs or other related payments, regardless of whether Equipment is in the custody or charge of the Subsequent user or not. Any breach of these terms and conditions by a Subsequent user shall be compensated by the Customer, who must ensure the safe and punctual return of the Equipment.
15. The Subsequent User must be issued with a copy of the Company’s terms and conditions via the Customer and shall consent to recognise the Company’s title to and ownership of the Equipment.
16. The Customer must directly inform the Company when requested of the location and address which the Subsequent User has consigned the Equipment . This will be completed in writing and will include details of the Equipment in question.
17. It is Company procedure to issue a receipt upon delivery of Equipment. The Customer shall ensure an employee or representative is present at the point of delivery in order to sign and confirm this. This receipt will be considered correct unless contested in writing within 24 hours.
18. Any invoice produced by the Company will be net and is payable within 30 days of the date of invoice unless otherwise stated. Subsequently, interest shall accumulate to the Company at a rate of 2% per calender month (or at a relative amount for a shorter period). No contention with the company shall permit the Customer to withold or postpone payment of fees due.
19. If any Equipment is damaged whilst in the posession of the Customer this must be promptly conveyed to the Company. If the Equipment is deemed by the Company not to be the result of general wear and tear, then the Customer is responsible for the cost of repair work or full Equipment replacement in accordance with clause 17 and in addition to any further delivery/collection expenses.
20. Should any Equipment be misplaced or damaged beyond reasonable repair whilst in the control of the Customer, or is not returned to the Company within seven (7) days of the return date established at the point of order (or any additional time thence which is consented in writing from the Company), then the Company is at liberty to at any point invoice the Customer for the present replacement rate of such Equipment. The Customer shall be accountable for these costs in agreement with the Company’s present replacement list of charges, in addition to any extra fees acquired by the Company in establishing the location of the Customer or any Equipment or in taking control of such Equipment. The payment of this sum does not affect the rights of the Company or the legal reponsibility of the Customer existing at the time of invoicing. Legal ownership of Equipment remains at all times with the company, therefore all such Equipment (if obtainable) must be returned to the Company even if replacement costs are paid.
21. Where Equipment billed and paid for as missing is later restored to the Company, the Company is authorized to charge for the hire period between the date of the invoice (as missing) and the date of the later return when the cost would total less than the present replacement rate.
22. Value Added Tax will be added to all costs (where appropriate) at the then current rate.
23. The Company is within rights to sub-contract any responsibilities or commitments to an outside third party and to allocate or trade in any way at all with the Company’s investment in the Equipment and in the rental and its rights and responsibilities due to this agreement.
24. The hiring of the Company’s Equipment may be concluded with no prior notice (incorporating all Equipment hired by the Company to the Customer and by extension any Subsequent User) should:-
· the Customer be in violation of the terms and conditions hereunder,
· the Customer does not pay fees to the Company within 7 days of said fees being owed, whether requested or not.
The hiring of Equipment will automatically cease without the need to give any notification should:-
· the Customer becomes bankrupt or goes into liquidation; or has a reciver appointed placed in the custodial responsibility for their property, including tangible and intangible assets and rights; or makes an arrangement with their creditors.
· the Customer discards or leaves behind any or all of the Equipment hired, therefore not returning it correctly for collection.
25. When ending a contract with the Company, the Customer is obliged to return all Equipment within their ownership, or that of any Subsequent User, to the Company. The Customer shall pay without delay any expenditureor fee owed or acquired by the Company, incorporating any charges acquired by the Company in retrieving its goods or implementing its rights under the terms of these conditions.
26. No understanding or precursor demonstrated or offered by the Company to the Customer (being one or more groups or a Subsequent User) in any case shall give up a right or claim by the Company of any of the conditions to be executed by the Customer or any other individual. This will also not reduce, limit or influence the claims or authority of the Company.
27. Where the Customer consists of two or more individuals or groups, their legal responsibilities will be mutual.
28. Any notifications which are necessary to be made via post shall be adequately given provided they are delivered personally to the Customer involved or sent by first class post to the Customer at their last listed address. When notice is given by post, it is considered obtained and accepted on the second working day after posting.
29. These terms and conditions shall be administered and inperpreted in agreement with English, Welsh and Scottish Law and the groups involved consent to acquiesce to the non-exclusive jurisdiction of the English and Scottish Courts.
30. Each transaction is relevent to the laws of the country it was purchased in (whether England, Scotland or Wales).
31. The Company’s services are only offered in UK mainland at this point.