Commercial and Trade Hirer or Renter Terms and Conditions of Trading with TV & Movie Action Vehicles Scotland

 

The following are the terms and conditions on which TV & Movie Action Vehicles Scotland (Hereafter referred to as ‘The Company’) or it’s associated companies undertake to source, supply and hire vehicles on behalf of clients, owners and suppliers. No variation to these terms and conditions is allowed unless received in writing and signed by a director of the company.

1. DEFINITIONS AND INTERPRETATION
The definitions and rules of interpretation in this clause apply in this agreement.

1. Agent and/or Company: TV & Movie Action Vehicles Scotland or associated companies.
2. Principal and/or Owner: Person, company or organisation presenting vehicle for hire or rental.
3. Client and/or Customer: Person, company or organisation hiring or renting vehicle or services.
4. Commencement Date: The date on which the Principal made vehicle available to The Company through addition of vehicle on website or by other submission.
5. Service: the concluding of a hire agreement on the Principal’s behalf to provide vehicles for hire or rental and the promotion of the Principal’s vehicle(s) on the Company website, social media platforms, direct marketing or by other printed or electronic media.
6. Terms & Conditions: the terms and conditions as may be in place from time to time under which the hire agreements concluded by the Company on the Principal’s behalf are made, a copy of which is available on our website at www.tvandmoviecars.co.uk

 2. APPOINTMENT
The Client hereby appoints the Company as agent to provide the Services on the terms of this agreement and the Company hereby accepts the appointment on those terms on a non-exclusive basis.

3. HIRE AGREEMENT
The company act as agents for the sourcing and provision of vehicles.  No contact is offered or implied by the company.  The agreement for all hires etc. are between the vehicle owner and end user.

4. COMPANY OBLIGATIONS

1. The Company undertakes and agrees with the Client during the term of this agreement except as authorised by the Client, not to act in a way which will incur any liabilities on behalf of the Client nor to pledge the credit of the Client.
2. To comply with all reasonable and lawful instructions of the Client from time to time concerning the provision of the Services, and generally to carry out its agency in such manner as it thinks best to promote the interest of the Client.
3. The Company shall be responsible for sourcing and supplying services to the Client through on-line platforms such as company website, social media and other electronic media.

5. CLIENT UNDERTAKING

1. The Client undertakes and agrees with the Company during the term of this agreement:
2. To act at all times in good faith in its relations with the Company and Principals.
3. Subject to the following, and provided the Company performs its obligations under this agreement, to indemnify the Company against any liabilities which the Company may incur as a result of acting with reasonable care and skill within the scope of its authority under this agreement as agent for the Client.
4. To supply to the Company at the Client’s own expense such documentation and information and such technical, market and other support as the Company may reasonably require for the purposes of providing the Services of the Company and to enable it properly and efficiently to discharge its duties under this agreement. Where such documentation includes data, photography or otherwise, the Client hereby agrees to authorise the Company to share and distribute said data for the purposes of sourcing vehicles and/or services subject to agreed exclusions. The Company reserves the right to include a copyright or other watermark on images, photography or other items used in the purposed of sourcing services or marketing.
5. To promptly, efficiently and efficiently deal with any complaint, dispute or enquiry raised by a Principal or the Company relating to the hire agreements concluded on its behalf by the Company.
6. Where appropriate, to inform the Company within a reasonable time if any hire agreement concluded on its behalf by the Company will or cannot not be performed by it, and of the reason for such.
7. To ensure that its vehicle(s) are at all times in good working order, are fit for purpose and unlikely to cause harm to any customer, and are clean and well-presented immediately prior to the hire or rental of any hire agreement made on its behalf by the Company under this agreement.
8. To ensure that the condition and reliability of the Principal vehicle(s) is accurately represented on the Company website and no attempt is made to conceal any known defects or other factors which may affect the hire or rental hire agreement with the client.

The Client shall not at any time make direct contact with or provide the Principal with any contact details and agrees to refer all queries from the Principal to the Company unless previously agreed in writing. Any breach of this clause shall give rise to an immediate right of termination of this agreement on the part of the Company by notice in writing and the Company shall also be entitled to seek commission or lost revenue on any booking made as a result of that breach as if it was a hire agreement concluded by the Company on the Client’s behalf.

6. PRINCIPAL’S UNDERTAKINGS
The Principal undertakes and agrees with the Agent during the term of this agreement:

1. To act at all times in good faith in its relations with the Company and clients.
2. Subject to the following, and provided the Company performs its obligations under this agreement, to indemnify the Company against any liabilities which the Company may incur as a result of acting with reasonable care and skill within the scope of its authority under this agreement as agent for the Principal.
3. To supply to the Company at the Principal’s own expense such documentation and information and such technical, market and other support as the Company may from time to time reasonably require for the purposes of promoting and selling the Services of the Company and to enable it properly and efficiently to discharge its duties under this agreement.
4. Where such documentation includes photographs of the Principal’s vehicles or otherwise, the Principal hereby agrees to waive all intellectual property and moral rights that it may have in those photographs. The Company reserves the right to include a copyright or other watermark on images, photography or other items used in the purposed of promotion or marketing.
5. Within a reasonable period of becoming aware of the same to perform any hire agreements made on its behalf by the Company under this agreement subject to its rights and obligations under these Terms & Conditions.
6. Promptly, efficiently and efficiently to deal with any complaint, dispute or enquiry raised by a customer relating to the hire agreements concluded on its behalf by the Company.
7. Where appropriate, to inform the Agent within a reasonable time if any hire agreement concluded on its behalf by the Company will or cannot not be performed by it, and of the reason for such non-performance.
8. Where the Principal is not personally available to perform any of its obligations and duties under any hire agreement concluded on its behalf by the Company, such obligations which shall include driving supplied vehicle(s) for the Client, the Principal shall appoint a suitable alternative, agreed by the Company and/or Client to perform these obligations and duties in its place. Where such an alternative is appointed, the Principal agrees to indemnify the Company for any loss that it may incur through the actions of the alternative.
9. To at all times ensure that its vehicles are fully taxed according to UK law, are in possession of a valid MOT certificate and where MOT certificate is not a legal requirement, ensure that the vehicle has been maintained and tested on an annual basis and are fully and appropriately insured for any hire agreement made on its behalf by the Company under this agreement. Where an alternate driver has been appointed on behalf of the Principal, the Principal shall ensure that all insurances for the vehicle extend to that alternate.
10. To ensure that its vehicle(s) are at all times in good working order, are fit for purpose and unlikely to cause harm to any customer, and are clean and well-presented immediately prior to the hire or rental of any hire agreement made on its behalf by the Company under this agreement.
11. To ensure that the condition and reliability of the Principal vehicle(s) is accurately represented on the Company website and no attempt is made to conceal any known defects or other factors which may affect the hire or rental hire agreement with the client.
12. During the hire period of any hire agreement made on its behalf by the Company under this agreement, to conform with the dress code set by the Company and/or Client from time to time and not to act in any way that may have a negative effect on the business of the Company and/or Client.
13. The Principal shall not at any time provide the Client with any personal contact details and agrees to refer all queries from the Client to the Company. Any breach of this clause shall give rise to an immediate right of termination of this agreement on the part of the Company by notice in writing and the Company shall also be entitled to seek commission or lost revenue on any booking made as a result of that breach as if it was a hire agreement concluded by the Company on the Principal’s behalf.
14. The Principal shall provide the Company with all required documents and photographs to enable the Company to market and promote the Principal’s vehicle and/or other services.

7. SERVICES SUPPLIED

1. The Company reserves the right to reject any vehicle or service supplied by the Principal which appear to the Company to be unsuitable. Additional costs incurred if vehicles or services are found to be unsuitable during hire or production may be charged.
2. Where vehicles and services are so supplied or specified the Company will take every care to secure the best results but responsibility will not be accepted for unsuitability of services so supplied or specified.
3. Subject to Client agreement, the company shall endeavour to substitute vehicles and services of like quality to those specified in the Estimate should the originally specified requirements be unavailable for reasons beyond the control of the company.
4. Any vehicles supplied to the Client by or on behalf of the Principal whilst in possession of the Client or in transit to or from the Client is deemed to be at the Principal’s risk. Whilst every care will be taken, no responsibility for such property will be accepted by the company. Accordingly, the Principal and Client must ensure that such property be suitable insured.
5. The Principal hereby acknowledges and accepts that its vehicles, whilst contained in the Company records and databases, are not guaranteed to feature on the Company website or other marketing features.

8. LIABILITY OF THE COMPANY
The Company shall be in no way liable to the Client or Principal for anything which may happen in consequence of any hire agreement that the Company may make on behalf of the Client or Principal, including, without limitation:

1. Any damage to the Principal’s vehicle or personal property;
2. Any damages caused to Client property due to actions of Principal or appointed representative;
3. Any theft of the Principal’s vehicle, personal, associate or company property;
4. Any theft of the Client’s personal, associate or company property;
5. Any personal injury to the Principal, employees or associates;
6. Any personal injury to the Client, employees or associates;
7. Any cancellation of or failure to carry out a booking by a Principal;
8. Any cancellation of or failure to accept service or booking by a Client;
9. Failure to supply agreed service by Principal;
10. Any claim related to failure to supply agreed service.

 9. LICENCE

1. Except as expressly provided, nothing contained in these conditions shall be construed as conferring any licence under any of the Companies or any third party’s intellectual property rights.
2. Content, products and other production remains the property of the Company and cannot be reproduced in any way or form without the written consent of the Company. 

10. VEHICLE CARE
At all times any vehicle(s) supplied must be treated with care and respect.
The Client agrees not to cause harm or in any way cause damage to any vehicle through misuse of vehicle by, and not limited to, harsh driving, extended periods of engine running whilst stationary, vehicle use on unsuitable surfaces, collision or contact, persons or objects placed on any part of bodywork, exposure to abrasive or corrosive substances, use for any purpose other than that designed for.  Please bear in mind that many vehicles may be difficult or impossible to source replacement parts and in the event of damage may cause the vehicle to be ‘written off’.

11. STORAGE & SECURITY
At all times hired or rented vehicles must be kept secure and away from general public access. This is to avoid any likelihood of damage caused by individuals removing items from vehicles or otherwise causing harm.
When not in use either during day or at night, vehicles must be kept in a secure compound or garage facility, preferable under cover.  Where weatherproof shelter is not available, the company must be informed, and arrangements will be made by Principal’s to provide weatherproof vehicle covers.  The Client/Hirer will be responsible for the covering and securing of such coverings.

12. DAMAGES

1. Any and all damage to vehicles must be fully rectified to approved standards.
2. Client and Principal must fully satisfy themselves before handover of vehicle condition and function.
3. Principal is advised to have full photographic record of vehicle internally and externally.
4. Client is advised to satisfy themselves of vehicle condition and to undertake photographic record of vehicle condition prior to acceptance of vehicle.

 13. ALTERATIONS/MODIFICATIONS
Under no circumstances may any vehicle supplied or sourced be altered or modified in any way which may cause damage to said vehicle.  Where there may be a requirement to carry out such modifications, a written request to the Company must be made detailing the required modifications and permission obtained in writing from the Principal before any such modifications may be made.  Where modifications have been made the Client agrees to full reinstatement of the vehicle to prior condition at the end of the hire agreement/hire period.

14. INSURANCE
Unless otherwise stated, during the term of the hire agreement the Client must ensure that any vehicles supplied are appropriately insured for any hire agreement or purpose made on its behalf by the Company under this agreement. Where an alternate driver has been appointed the Client shall ensure that all insurances for the vehicle extend to that alternate.

15. LICENCE & DOCUMENTS
Not including standard road traffic requirements, the Client will be responsible for obtaining any required licence, certification or qualification relating to the use of vehicles or services during the period of hire agreement. No responsibility will be accepted by Company for provision of any legal or advisory documentation.  The Principal agrees to provide all and any required documentation in relation to the legal and safe running of vehicles supplied.

16. ROADWORTHINESS
Where stated as ‘Roadworthy’ the Principal agrees that any vehicle supplied is maintained in good working order and that any required tests have been completed and certification issued.  Where vehicles are listed as ‘non-runner’ or ‘poor condition’, it is the responsibility of the client to ensure that the vehicle is fit for purpose.  Whilst every care is taken to ensure accuracy, the Company accepts no responsibility for inaccurate representation of vehicle by Principal.

17. HEALTH & SAFETY
The Company cannot accept any responsibility for assessment and implementation of any advisory or required Health & Safety policy.  For each hire agreement the Principal will be responsible for ensuring that any vehicle or service supplied has been assessed and conditions under UK law satisfied. The Client agrees that during period of hire agreement they will be responsible for ensuring that any vehicle or service supplied has been assessed and conditions under UK law satisfied.

18. COMMISSION AND PAYMENTS

1. The Client shall (subject to the Company performing its obligations under this agreement) pay to the Company a fee for each hire agreement that the Company concludes on the Client’s behalf pursuant to and during the term of this agreement. Such fees shall vary depending on the size and nature of the hire agreement being concluded. In satisfaction of this payment, the Client hereby agrees that that the amount paid to the Company by the customer as a deposit for a booking for which the Company concludes a hire agreement on behalf of the Client shall act towards full payment for that hire agreement. The Agent shall notify the Principal of the commission payable on any hire agreement before that hire agreement is concluded.
2. In the event that the Principal receives any monies or deposit referred to in clause above, the Principal agrees to pay this to the Company for the booking within seven days of receipt of the deposit.
3. The Company shall make full charge to the Client for all services and hire agreements entered into and shall forward agreed payment, less commission and other agreed charges to the Principal on successful conclusion of hire agreement and payment received from client. No responsibility will be accepted by the Company for late or non-payment of hire agreement by Client and in such cases any action or collection enforcement must be made by Principal directly with client.
4. The Company shall also be entitled to commission on any other payments in consideration of the provision the Services such as daily driver rates, mechanic rates etc. No commission will be deducted from travel/mileage expenses.
5. If at any time the services to be provided under a hire agreement made by the Company are not delivered to a Client, the Company right to commission shall cease in relation to that hire agreement and the relevant deposit or monies paid will be refunded to the Client less any deduction for works or time completed. For the avoidance of doubt any deposit or payment made shall not be repayable where the booking is cancelled by the Client.
6. The Company and the Principal shall agree the fee that shall be charged to the Client prior to the Company concluding any hire agreement on behalf of the Principal. This rate may be an agreed rate published on the Company website or notified by other means.
7. Unless stated otherwise the agreed amount or balance payable to the Company for any service or booking made will be paid directly to the Company on behalf of the Principal. It is the responsibility of the Company to invoice the Client as advised and where necessary. If the Company agrees to accept full payment from Client for multiple services, the Company will require an invoice from each Principal before payment can be made.
8. The Client agrees that fees under any hire agreement entered into by the Company is subject to expenses, insurance, tolls, travelling costs and VAT.
9. The Principal shall be responsible for any and all taxes payable in respect of the fees associated with any of the hire agreements which the Company makes on its behalf pursuant to the terms of this agreement. The company reserves the right to charge the amount of any Value Added Tax payable whether or not detailed on the estimate or invoice.  No provision will be made by the Client or Company for any personal tax liability arising from any agreement.
10. The Client acknowledges that the Company shall not in any way be liable in the event of a booking or service being suspended or cancelled due to any Force Majeure Event. In such an event the Company or Principal shall be entitled to a fee for any services already supplied.
11. Should work be suspended at the request of or delayed through any default of the Client for a period of more than 30 days the Company reserves the right to payment for works already carried out and other additional costs.
12. Payment of hire agreement shall be due on agreement of hire except where the estimate or quotation provides to the contrary or by previous written agreement. Any balance due must be paid 14 days prior to commencement of hire or service.
13. The Company shall be entitled to charge and be paid interest on overdue accounts at a rate of interest equivalent to 8% over the base lending rate of the Royal Bank of Scotland PLC prevailing at the date payment becomes due.
14. An overdue account processing charge of £50 or 5% (whichever is the larger amount) of total balance outstanding may also be charged per calendar month overdue. Reminder or correspondence letters will incur additional charges, details available on request.
15. Any and all amounts owed to the Company are deemed to be accepted as personally guaranteed by any or all directors, partners or other agents of liable company.
16. The company reserves the right to pass any unpaid account to a third party or agency for collection. Any additional costs involved, including handling fees or court charges, will be added to amounts due for collection.
17. Cheques or other forms of payment returned to the company will incur a minimum charge of £45 per representation.
18. The company reserves the right to pass details of all or any bad debt to credit agencies or other interested parties.
19. The Customer shall not be entitled to set off against the price set out in the estimate or quotation in respect of any claim against the company or on any other basis.
20. In the event of cancellation of order or hire agreement, the Company reserves the right to charge for works done or supplied to the date of formal notification of cancellation. Sourcing works, specifications or other consultation work carried out will also become separately chargeable in the event of cancellation.
21. The company cannot be held responsible for non payment by Client of agreed fees.
22. At no time can any production content, videography, photography, or other content obtained by way of services supplied be utilised, transferred or in any way be made available to any third party until full and final payment has been received for hire agreement or services. For avoidance of doubt full release will be supplied in writing confirming that terms of contact and full payment has been satisfied at which point title to content and materials will be transferred to Client.

19. COST VARIATION
Prices quoted for vehicles, hire or services may be subject to change without prior notice. Estimates and quotations supplied are based on the current costs of vehicles and services owned or sourced and are subject to increase on or at any time after notified by the company.

20. HIRE AGREEMENT/ORDER CANCELLATION
In the event that the Company or Principal are no longer in a position to supply or provide an agreed service or product, notification will be made in writing detailing the reasons for the cancellation. Works carried out up to this point to Client or on behalf of Principal may be chargeable. The Company will not be responsible for any losses incurred as a result of cancellation.

21. CONSULTATION
Consultation services whether at The Company offices, by telephone, online or on-site appointment may be offered as part of the service or hire agreement.  If subsequently the services of The Company are not taken up, we reserve the right to charge for consultation and arrangement time.

22. DISCOUNTS
No discounts or rebates are allowed other than those expressly agreed by the Company in writing. All or any discount or offers given will be removed and full price will become payable in the event of delayed, late or non payment of sums due. 

23. COMPLETION
A completion agreement must be signed accepting works/services as being supplied to specification before any release of intellectual property obtained such as photography, videography or other forms of recorded media will be granted for general usage. The company reserves the right to withdraw services and/or offer of hire agreements in circumstances where completion certificate is unsigned or monies due are unpaid.

24. LIMITATION OF LIABILITY

1. Under no circumstances will the Company, any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, delivery, or distribution of services be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either: the use and reliance on services or the inability to utilise services through mistakes, omissions, interruptions, suspension, termination, deletion of data, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to services including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to the Company’s data, programs or services; or merchandise, products or services received through or advertised, products or services received through or advertised on any links provided on products or information or advice received through or advertised on products and information or advice received through or advertised on any links provided on products or any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using the Company’s services.
2. The Company is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using the Company services is done at your own risk and the Company shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

25. SUBSEQUENT LOSS
The company accepts no responsibility for any claim or loss resulting from the direct or indirect supply of vehicles, services or or other supplies.

26. PRELIMINARY WORKS, RESEARCH AND CONSULTATION
All works carried out or time incurred, whether resulting in acceptance of quotes, booking, hires or rentals at request of clients, shall be chargeable.

27. IMPRINT
Any images or content supplied for the purposes of marketing on the company website, social media platforms or other forms of printed media will carry a company imprint which will be placed at our discretion.

28. COPYWRITE
No content supplied, produced or published by the company may be reproduced, copied, or passed to other any parties without prior written consent of the company. Rights to all content and production remains with the Company until full payment of hire agreement has been received and release notified in writing by the company whether protected by formal copyright or not.

29. STANDING MATERIAL
All materials and items of which the Company is the owner used by the Company in connection with production of the service of the Clients shall remain exclusive property of the Company. Such items when supplied by the Customer shall remain the customers property.

30. CLAIMS
Any claims relating to hire of vehicles must be made in writing via the Company to Principal within 7 days of commencement of hire. The Company shall not be liable to handle any claim on behalf of Client or Principal unless the aforementioned requirements have been complied. The Company accepts no liability arising out of any breach of hire agreement by Principal or Client (where of any condition, warranty or fundamental term) shall be limited to the cost of the remaining hire and shall not extend to any consequential loss or damage. Acceptance of provided service must not be signed until Client or Principal is satisfied that terms are in order. No claim may be made unless written notification by registered letter or acknowledged email is received.

31. COMPLAINT. Any complaint relating to the quality of service supplied must be made in writing within 7 days following commencement or delivery of service. The customer shall have be deemed to have unconditionally accepted the terms of service in the absence of such written notification.

32. LEIN
The Company shall have a general lien over all intellectual property, photography, videography or other goods and materials of the customer in its possession pending payment of all money owed by the customer.

33. SERVICES & PRODUCTS.

1. The company accepts no responsibility as to the suitability of vehicles or services supplied. It is the customers sole responsibility to ensure suitability prior to hire.
2. Every effort will be made to ensure closes matches to customer requirements but due to limitations of availability the company will not undertake to guarantee precise matching. If close matching is requested additional cost to customer may apply due to additional time requirements.
3. No responsibility will be accepted, or additional guarantees offered by the company for services or products supplied by third parties out with the guarantee provided by the third party.

34. EQUIPMENT HIRE
All equipment supplied on a hire or loan basis by the company or it’s representatives becomes the responsibility of the hirer or borrower from the moment the equipment exits the company premises until returned and checked by authorized company representatives, it is the responsibility of the hirer/borrower to ensure suitable insurance cover is in place before taking hire or loan. The company, at it’s discretion, reserves the right to repair or replace as new, damaged or lost equipment. A charge may also be made for subsequent revenue loss due to such loss or damage. If required, written confirmation of value can be supplied.

35. CONTENT
All of the content featured or displayed on our websites including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software are owned by the Company, its licensors and its content providers, unless otherwise stated. Use of materials on this website for reproduction, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited.

36. CONTENT DISCLAIMER
While using the Company’s products and services you may access third-party websites through search results and/or links displayed. Such third party websites are not under the control of the company and it is not responsible for the availability of such sites or their contents. Any links provided are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of such linked sites. You acknowledge that the use of such third-party websites is governed by the terms and conditions of use applicable to such sites. Searches of the World Wide Web on sites are conducted by an automated system. The Company makes no representation or warranty, either express or implied as to the accuracy, currency, content or quality of such search results. Additionally, your searches of the World Wide Web may produce results or link you to sites that you may find inappropriate or offensive. The Company shall not be responsible or liable, directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in or linked to sites or services.

37. SUB-CONTACTED
Services undertaken by the Company on behalf or request of third party remains copywrite and property of the Company and is subject to usage under licence to said party. No reproduction and/or alterations in any way or form will be allowed without the written consent of the Company. Where ownership of such product is to be transferred to client, written details of ownership and associated restrictions must be obtained as part of a separate software development agreement.

38. ILLEGAL MATTER
The Company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or any other propriety, personal or other intellectual property rights contained in any material generated for the customer. The indemnity shall extend to any legal costs reasonably incurred in defending any claim against the Company relating to such materials.

39. TELEPHONE CALLS
The company use a third party telecoms provider for all incoming and outgoing calls.  For security and monitoring of service, all our incoming and outgoing calls are recorded.

40. OUT OF HOURS SERVICES
Service out with normal hours of operation may be provided as part of an accepted service agreement only. It is the responsibility of the customer to ensure that all hire agreement, production and service rates are accepted and understood. Placement of order assumes such acceptance.

41. GDPR

The Company will enforce all reasonable measures to comply with current GDPR legislation to ensure that client data is protected.  No client details will be shared with any third party outside our company and related group of companies.

42. FORCE MAJEURE
The Company shall be under no liability if unable to carry out any provisions of the hire agreement for any reason beyond the control of the Company including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, illness, alien invasion, holidays or any other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to provide services required for the performance of the hire agreement. During the continuance of such a contingency the customer may by written notice to the Company elect to terminate the hire any pay for work done and services provided, but subject thereto shall otherwise accept delivery when available.

43. ACCEPTANCE OF CONDITIONS
It is the responsibility of customers/clients to ensure that these terms and conditions have been read and understood before commencement of business. Placement of any order or entry into any agreement, including membership, assumes full terms and conditions to have been accepted.

44. JURISDICTION AND GOVERNING LAW
These conditions and other expressed terms of the hire agreement shall be governed by and construed in accordance with the laws of Scotland. The company operates from within the country of Scotland. Products and services supplied can, however, be accessed from other places around the world. Although these places may have different laws from those of Scotland, by accessing the company’s products and services you agree that the laws of Scotland, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of products and services. You also agree to submit to the non-exclusive jurisdiction of the Scottish courts, with respect to such matters. Users of products and services accessing from places outside of Scotland acknowledge that they do so voluntarily and are responsible for complying with local laws.

Publication Date: 10/04/2021
Amendment Date: 28/05/2021

E&OE