My Easypack LoginTerms and Conditions
TERMS AND CONDITIONS.
1. ‘The Company’: Easypack Limited (registered no. 2693337) whose trading address is at: Unit 1, The io Centre, Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, SG1 2BD UK. (Together with its assigns and successors in title)
Interpretation:
‘Agreement’ shall mean these Terms and Conditions of Hire together with the Terms and Conditions of Sale of Goods annexed hereto and referred to in the Schedules hereto
‘EQUIPMENT’ * (Inclusive of additions, modifications, and renewals, ‘The Equipment’) which is described and listed in the schedule annexed to this Agreement.
‘GOODS’ shall mean the paper stock and airbag film for the Equipment which is described and listed in the schedule annexed to this Agreement.
‘PERIOD OF HIRE’ * Commencing on the date as stated in the schedule annexed to this agreement. The period of hire will continue until it is determined in accordance to the provisions of this Agreement.
1. Payment
1.1 All invoices are payable within 30 days of the date of the invoice. The time of all payments shall be of the essence. The rentals and other sums payable shall be paid together with value added tax at the rates for the time being in force. The payment of all sums must be made to the Company at the address known as Unit 1, The io Centre, Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, SG1 2BD UK. Payment by post is at the Hirer’s risk.
2.1 The hirer during the currency of this Agreement shall purchase and pay for the Goods for the Equipment directly from the Company and /or it’s approved distributors and from no other source.
2.2 If the Hirer breaches the provisions of Clause 2.1 above then in addition to the rights and remedies available to the Company under this Agreement, the Hirer shall be liable to pay forthwith on demand the full amount of the Minimum Order as set out in the Schedule hereto without set off or deduction by way of liquidated damages which the Hirer agrees to be a fair calculation of anticipated loss of revenue to the Company and reasonable to impose in all the circumstances.
3.1 The Equipment shall at all times remain in the ownership of the Company and the Hirer will have no rights in the Equipment other than as mere bailee. The Company may however assign and sell its rights under this Agreement and its rights in and to the Equipment. The Equipment must only be used by the Hirer and (unless the Company otherwise agrees in writing) must be kept at the address of the Hirer set out in this Agreement. The Hirer shall not sell, assign, charge or create any sub-lease over or otherwise dispose of or abandon the Equipment, nor allow the Equipment to become a fixture on any land or property.
3.2 Title for the Goods shall not pass to the customer until full payment has been received by the Company. Pursuant to, for the avoidance of doubt, the relevant provisions of the Terms and Conditions for Sale of Goods as defined above by this Agreement.
4. Insurance
4.1 The Hirer shall take out and keep in force at all times during which the Hirer is in possession of the Equipment an insurance policy (which the Hirer shall keep on foot) covering the full replacement value (as noted in the schedule annexed to this agreement) of the Equipment against all risks. The interest of the Company in the Equipment shall be noted on the policy and, in the event of loss or damage to the Equipment, shall be payable direct to the Company, the Hirer authorising the Company to give a good and valid receipt in respect of such policy monies accordingly.
5. Default
5.1 The Hirer shall be deemed to have repudiated this Agreement and the Company may at any time thereafter serve notice accepting that repudiation and terminating this Agreement if:
5.1.1 the Hirer fails punctually to pay on their due date any sums due under this Agreement or breaches any of its other terms (in particular, does not exclusively purchase the Goods from the Company and /or its authorised distributors); or
5.1.2 the Hirer (being an individual) (or where there is more than one Hirer any of them) is the subject of an interim order or has a statutory demand made upon him under the Insolvency Act 1986 (or any statutory re-enactment thereof) or has a bankruptcy petition presented in respect of him; or
5.1.3 the Hirer (being a Company) shall have a winding up petition presented in respect of it and/or a receiver, administrative receiver, or administrator appointed, or shall enter compulsory or voluntary liquidation; or
5.1.4 the premises where the Equipment is kept or any other premises of the Hirer or any other goods on such premises are the subject of distraint or execution; or
5.1.5 the Hirer shall do anything or omit to do anything which in the opinion of the Company may prejudice the Company’s rights of ownership in the Equipment.
6. Liability on Default
6.1 Without prejudice to the rights of the Company under Clause 2 herein, Upon termination by the Company the Hirer shall return the Equipment to the address, which the Company shall specify and the Hirer shall pay to the Company by way of damages.
6.1.1 all arrears of rental, any outstanding charges for goods sold and delivered and interest at the rate of 2% per month, until payment is made in full (a part of a month being treated as a full month for the purpose of calculating interest);
6.1.2 all rentals which would have been payable for the remainder of the 30 days notice period (see below) plus:
6.1.3 all other sums due from the Hirer to the Company under this Agreement.
6.1.4 And/or the cost of the Equipment if it cannot reasonably be recovered from the Hirer in good working order and condition.
7. Voluntary Terminations
7.1 Both the Hirer (so long as the Hirer is not in breach of any of its obligations under this Agreement) and the Company may terminate this Agreement at any time by giving 30 days’ notice in writing to each other, and by the Hirer returning the Equipment (in good working order and condition) and by paying such sum as would be payable if the Company had terminated the Agreement under this Clause. The carriage costs incurred in the return of the equipment to the Company shall be borne by whichever party raises the option to terminate under this clause.
8. Treatment of Goods on Termination of Agreement
8.1 Should the Agreement be terminated (for whatever reason) no credit will be given by the Company for any Goods ordered or paid for and/or in the possession of the Hirer but no longer required or usable by the hirer.
9. Maintenance
9.1 The equipment must be kept in good order and condition at all times. The Hirer shall notify the Company of, and is responsible for making good any damage or loss to the equipment which may occur which is not the fault of the Company.
10. Entry
10.1 The Company may enter any premises in order to inspect the Equipment or its condition or (after termination of this Agreement for any reason) to retake possession of it.
11. Damage in Transit
11.1 The Company will replace free of charge any Equipment proved to the Company’s satisfaction to have been damaged in transit provided that within 24 hours after delivery both the Company and the carriers have received from the Hirer notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
12. Guarantee & The Hirers Obligations in Respect of the Equipment
12.1 For Equipment which is manufactured by the Company or which bear one of the Company’s trade marks, the Company grants the following guarantee:
12.1.1 The Company shall free of charge maintain the equipment and, where the defects appear under proper use, will either repair or, at its option, replace defective components, whenever possible within one working day from the date of reporting the fault, provided that:
12.1.2 notice of the defects complained of or maintenance required shall be given to the Company upon their appearance; and
12.1.3 such defects shall be found to the Company’s (reasonable) satisfaction to have arisen solely from the Company’s faulty design, workmanship or materials; and
12.1.4 the defective Equipment shall if necessary be returned to the Company’s factory if so requested by the Company
12.2 Save where otherwise excluded by statute the Company’s liability under this Contract shall be to the exclusion of all other liability to the Hirer whether contractual, tortious or otherwise for defects in the Equipment or for any loss or damage to or caused by the Equipment.
12.3 The Hirer shall:
12.3.1 At all times keep the equipment in the environmental conditions recommended by the manufacturer of the Equipment.
12.3.2 Use the Equipment only in accordance with such instructions and recommendations relating to the care and operation of the Equipment as may be issued by the manufacturer of the Equipment or as may from time to time be advised in writing by the Company and
12.3.3 Not allow any person other than the Company’s representatives to adjust, maintain, repair, replace or remove any part of the Equipment.
12.3.4 Shall ensure that the Company’s representatives have full and free access to the Equipment and to any records of its use kept by the Hirer to enable the Company to perform its duties.
12.3.5 The Hirer shall take all such steps as may be necessary to ensure the safety of any of the Company’s representatives who visit any premises of the Hirer. Further the Hirer will indemnify the Company against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which we may incur either at common Law or by Statute (other than as a result of any default or neglect of the Company or of any person for whom the Company are responsible) in respect of personal injury to, or the death of any such employees, agents, sub-contractors or other representatives while on the Hirer’s premises, whether or not such persons are (at the time when such personal injury or deaths are caused) acting in the course of their employment.
12.3.6 Ensure that any instructions or manuals supplied by the Company for use of the Equipment will prior to the Equipment being brought into use be fully understood and will be observed by the Hirer and any person who will be responsible for the use of the same.
13. All other conditions, warranties, stipulations or other statements whatsoever concerning the Equipment , whether express or implied, by statute, at common law or otherwise howsoever are herby excluded; in particular (but without limitation of the foregoing) and save for the above Guarantee the Company grants no warranties regarding the fitness for purpose, performance, use, nature or quality of the Equipment, whether express or implied, by statute, at common law or otherwise howsoever.
Both the Company and the Hirer shall each keep confidential and shall not without the prior consent in writing of the other disclose to any third party any technical or commercial information which it has acquired from the other as a result of discussions, negotiations, examinations and other communications between them relating to the goods and the Order.
15. Economic Loss
Subject to the above Clauses, and notwithstanding anything contained in these Conditions, in no circumstances shall the Company be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatsoever the cause thereof (i) for any loss of profit, business, contracts, revenues, or anticipated savings, or (ii) for any special indirect or consequential damage of any nature whatsoever.
16. Applicable Law
This Agreement shall be considered a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
17. Notices and Service
17.1 A Notice or other information required or authorised by this Agreement to be given by either party to the other may be given by hand or sent (by first class pre-paid post, facsimile transmission or comparable means of communication excluding electronic mail) to the other party at the address referred to in the Agreement.
17.2 A notice or other information given by post under Clause 17.1 which is not returned to the Sender as undelivered shall be deemed to be given on the seventh day after the envelope containing any such notice or information was properly addressed, and sent by first class pre-paid post, and that it was not so returned to the Sender, shall be sufficient evidence that such notice or information has been duly given.
18. Intellectual Property Rights
18.1 Know-how and Intellectual Property Rights evolved, generated from or arising in the performance of, or as a result of, the Contract, shall (to the extent that they are not already vested in the Supplier) vest in and be the absolute property of the Company.
18.2 The Hirer acknowledges that all the Intellectual Property rights subsisting in or relating in any way to the specifications, the systems and works, and all know-how embodied in, or used in connection with, any of the foregoing are and shall remain (as between Company and Hirer) the sole property of the Company or such other party as may be identified therein or thereon.
19. Right of Company to make Reasonable Changes to the Monthly charge
19.1 The Company reserves the right to make reasonable changes to the monthly charge referred to in this Agreement to take into account the hirer’s consumption of paper stock and airbag film.
19.2 The Hirer will be given not less than one month’s written notice of any intended changes to the said monthly charge before any change is made.
20. Changes to Schedule of Equipment
20.1 Any changes to the Equipment listed in the schedule on page 1 of this agreement by the Company, whether replacements or additional items, will not invalidate the agreement.
21. If any provision of this Agreement is held by a Court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.
22. the Hirer may not be permitted to assign any of its rights and obligations of this Agreement.
23. If any of the provisions of the Terms & Conditions of Hire are deemed to conflict with any of the provisions of the Terms & Conditions for Sale of Goods then the provisions of the Terms & Conditions of Hire shall prevail.