Procedures and Terms

Please read the below procedures & terms which govern all hires from EMC Hire. If you have any questions or concerns, please do not hesitate to contact us.

Interpretation

In these terms:

“EMC Hire/Leaser/Us/We/Our” - means EMC Hire Ltd (registered in England under number 9436407).

“Hirer(s)/You” - means the person(s) or company hiring equipment or using EMC Hire’s laboratory or the individual, company, or organisation that requests and agrees to rent equipment or use the laboratory from EMC Hire, either by accepting a quotation or having their order confirmed.

“Equipment” - means hired goods or items loaned from EMC Hire to the hirer, including all accessories additions and accessions thereto and all replacements and renewals thereof.

“Laboratory” - means the testing facility or workspace provided by EMC Hire for use by the hirer under the terms of the agreement.

“Test System” - means a complete package of equipment, including software, fully configured to perform a specific test.

“Delivery” - means the transportation and transfer of equipment from EMC Hire to the hirers designated location as per the contract term.

“Collection” - means the retrieval of equipment from the hirer by EMC Hire at the end of the rental period or upon contract termination.

“Ownership” - means the legal right and title to the equipment, which remains with EMC Hire at all times and does not transfer to the hirer.

“Insure” - means the requirement for the hirer to obtain and maintain appropriate insurance coverage for the hired equipment against loss, theft, or damage, as specified in the contract.

“Party” - means either EMC Hire or the hirer, as identified in the contract.

“Parties” - means both EMC Hire and the hirer collectively, as referenced in the contract.

“Contract” - means the legally binding agreement between EMC Hire and the hirer governing the rental of equipment or laboratory use, including all terms and conditions.

“Extension” - means an agreed-upon continuation of the rental period beyond the initial contract term, subject to additional terms and potential fees.

“Order” - means the request submitted by the hirer for the rental of equipment or laboratory use, which is subject to acceptance by EMC Hire.

“Booking” - means the confirmed reservation of equipment or laboratory use by the hirer, as agreed upon with EMC Hire.

Please read the below procedures & terms which govern all equipment hires and laboratory bookings, from EMC Hire. If you have any questions or concerns, please do not hesitate to contact us.

PROCEDURES

• Please contact us via telephone, email or submit a web enquiry to check the availability of any required items or our laboratory before placing any orders with us.

• We accept reservations for equipment/laboratory use by telephone or email; however, due to requirements of other hirer’s, we may ask you for a purchase order number or payment to secure the booking. If you are unable to secure the booking, we reserve the right to provide equipment for hire/laboratory bookings to the first secured booking. Should this situation arise, we will endeavour to provide a suitable equivalent where practicable and for laboratory bookings we will offer the next available vacancy.

• Whilst we appreciate your custom, please note other hirer’s may secure equipment immediately after your specific hire period. Should an extension to the hire beyond your original order be required by the hirer, informing us as soon as possible increases the likelihood that the equipment hire may be extended and avoid the equipment being collected at the end of your original hire.

• In the event of dissatisfaction / malfunction, please inform us within 24 hours of delivery so that the matter can be resolved. We are unsympathetic to claims of inoperable equipment made beyond 24 hours of delivery or at the end of the contract period.

TERMS

The hire of equipment/laboratory is subject to the following terms of business which may NOT be varied without our written consent.

Clause headings are inserted for convenience only and shall not affect the construction of the agreement.

Operation

1. Please remember that all unlicensed transmissions are illegal and come under the Radio Investigations Branch of OFCOM within the UK, or appropriate authorities in other jurisdictions. The hirer is wholly responsible for ensuring that any transmissions are within legal requirements.

2. The equipment must only be used by properly qualified operators in accordance with the manufacturers published specifications, and any appropriate health and safety regulations. We may seek additional assurances that the named end user is competent and understands any dangers of using such equipment.

3. Where knowledge of the equipment operation is in doubt, please make this known to EMC Hire. If required, we can arrange for an engineer to deliver and instruct on set-up and use. EMC Hire engineers can remain on site to oversee the complete operation of the equipment, if required (additional charges will apply for these services).

Period of Hire

4. The minimum hire periods are detailed in the Table 1.

Table 1 Minimum Hire Periods

5. There is minimum hire charge of £75.00 excluding carriage for hire items and minimum of £425.00 development laboratory, there is no maximum hire period.

6. Laboratory bookings are from 08:00 to 16:00 for a ‘full day’ booking with 30 minutes lunch break if the Engineer supported option is taken. Half day bookings commence from 08:00 until 12:00 or 12:00 until 16:00. Other time slots may be available upon request at EMC Hire’s discretion. If testing overruns and additional time is required, this will be at the discretion of EMC Hire and may incur additional charges. We operate a strict schedule for half-day bookings, as any delays may impact other hirer’s. 7. For extension periods on the original hire, an order or payment should be received prior to commencing the new hire period.

8. Retention of equipment without order cover is not permitted and will result in additional administration and hire charges, which will be no less than the charge for a 3-day hire period.

Payment

9. For account holders, payment of all hire charges including delivery charges are to be made within 30 days of the date of invoice which is issued on the first day of hire. Where an invoice is outstanding for over 30 days, we reserve the right to refuse any new or extension of hire until payment is made in full. All hire charges must be paid without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever.

10. For non-account holding hirer’s, payment in advance will be required. An account may be applied for subject to status and a satisfactory credit check.

11. If an invoice is in default of payment within the thirty (30) days, EMC Hire may: suspend any further services being conducted for the hirer (including the right to withhold reports); alter or withdraw credit terms; and amend terms, prices, or service levels. EMC Hire does not accept any responsibility for the consequences of withholding reports or discontinuing services in such circumstances. The amount outstanding from time to time shall bear interest, calculated from the due date of the invoice to the date of receipt of the amount in full at a rate equivalent to 5% per annum above the base rate from time to time of NatWest Bank in the relevant currency. Further, EMC Hire reserves the right to forward unpaid accounts to a debt-collecting agency at the hirer’s cost.

Hirer’s Responsibilities

12. EMC Hire retain ownership of all equipment at all times and accordingly you must not sell, assign, modify, repair, or technically adjust, lease, hire or otherwise dispose of the equipment without prior permission.

13. The hirer shall, during the term of the hire agreement:

a. ensure that the equipment is stored and operated in a suitable environment and used only for the purposes for which it is designed and in a proper manner by trained competent staff.

b. not remove or modify any identification number, mark, nameplate, calibration labelling or certificates which are on the equipment.

c. not add any labelling or marks to equipment or packaging.

d. ensure equipment is kept in a good and sound condition and is not subjected to any misuse or unfair wear and tear during use and storage.

e. observe entirely EMC Hire or Manufacturers’ instructions and other regulations that may be issued for the proper use thereof and will be responsible for any damage caused to the equipment arising from failure to observe instructions or regulations.

f. indemnify EMC Hire in respect of any loss or damage, however caused, during use and storage of the equipment.

g. the hirer will insure all equipment against any loss or damage for not less than the full retail replacement price of each item; in the event of such loss or damage the hirer will immediately inform EMC Hire. A replacement or repair cost will be quoted including any shortfall in income as a result of the loss or damage.

14. prevent the equipment from being confiscated, seized or taken out of their possession or control under any distress, execution or other legal process, but if the equipment is so confiscated, seized or taken, the hirer shall notify the leaser and the hirer shall at its sole expense use its best endeavours to procure an immediate release of the equipment and shall indemnify the leaser on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;

h. equipment should not be transported by the hirer from the site of initial delivery to a new location without prior permission from EMC Hire.

i. the hirer is not permitted to sub-hire any equipment without the prior permission of EMC Hire.

15. Any damage to equipment will be assessed by EMC Hire on receipt at our premises and charged for accordingly. In the first instance, EMC Hire will discuss the fault found with the hirer and send a fault reporting form. As such, during the period of hire, the hirer shall:

a. insure, at their expense, against loss of or damage to the equipment at a sum equal to the replacement cost and agrees to assign the benefit and proceeds of such insurance to EMC Hire or hold them on trust for EMC Hire; or,

b. accept liability for any loss or damage to the equipment and make good to EMC Hire at a sum equal to the replacement or repair cost.

Delivery & Returns

16. EMC Hire will discuss methods of delivery & return and confirm the method and costs within our quotation. Approximate dates for delivery will be quoted for; however, EMC Hire will not be liable for any delay in delivery howsoever caused. Time for delivery shall not be the essence of any contract.

17. Whilst we endeavour to transport equipment in working order for immediate use, incidents can occur in transit. The hirer will ensure that they check equipment upon receipt for damage or defects. EMC Hire shall not be responsible for damage to the equipment if not informed within 24 hours of delivery.

18. In the event of equipment malfunction, you must notify us immediately within 24 hours of delivery, so we can take appropriate action, of which any delay may result in the hire charges still being applied. EMC Hire will supply a replacement unit where possible.

19. The equipment will be collected on completion of hire as per our quotation unless alternative arrangements are agreed in advance with EMC Hire in accordance with the procedures outlined above. Where the hirer changes return or collection requirements, additional charges may apply.

20. If the equipment is not ready for collection as agreed, additional charges will apply for a further attempt at collection. Where collection is not possible within one working day of the end of the hire period, additional administration and hire charges will apply which will be no less than the charge for a 2-day hire period.

21. The equipment will not formally be checked or verified by EMC Hire until it is received at our premises. Any missing equipment, accessories or ancillaries shall be returned at the expense of the hirer.

22. Overseas hirer’s may be required to complete an overseas acceptance form stating the end user and delivery location. Hire will be deemed as the time the equipment is dispatched from EMC Hire to the point the equipment is received back at EMC Hire, regardless of shipping and customs delays.

23. Hirer’s will be required to provide proof of insurance for the full value of the equipment being hired.

Warranty

24. Services shall be provided by EMC Hire employees whom EMC Hire deems suitable to undertake the work. EMC Hire warrants that services shall be undertaken using reasonable skill and care and that any deliverables generated as a result thereof shall be free from material errors or omissions subject to clauses 25 – 26:

25. Any results, recommendations, conclusions, and diagnoses provided by EMC Hire rely upon the quality and accuracy of the information and/or materials provided by the hirer. Results, recommendations, and conclusions are correct to the best of EMC Hire’s knowledge at the time and on the basis of the instructions and information provided by the hirer. EMC Hire shall not be liable for any claims, actions or consequential damages suffered by the hirer or any third party by use of such reports or certificates and the hirer hereby agrees to indemnify EMC Hire against such liability arising from the use of such report or certificates.

26. EMC consultancy work also relies upon the conditions at the time of any measurement surveys undertaken. EMC Hire therefore cannot warrant that the services provided guarantee EMC for all possible operational conditions. If an EMC issue is apparent, EMC Hire may suggest how a mitigation or remedy might be successful to reduce risks to as low as reasonably practicable but cannot guarantee successful mitigation or remedy.

Limitation of Liability

27. EMC Hire endeavours to provide sensible and practical advice concerning equipment available for hire, it is your responsibility to ensure the correct choice of equipment and ascertain the suitability for the purpose required, whether you are an agent or end user.

28. The hirer will be solely responsible for and shall indemnify EMC Hire against any loss, damage, injury or death to persons or property in connection with the hire or use of equipment, howsoever arising, to the extent permitted by law.

29. Save as set out in clause 24, to the extent permissible by law, all warranties, conditions, guarantees or representations as to satisfactory quality, performance, merchantability, fitness for a particular purpose or otherwise, whether express or implied by statute or otherwise, oral or in writing are hereby excluded. Except as expressly stated herein, to the extent permissible at law EMC Hire has no obligation, duty or liability in contract, tort (including negligence) or otherwise.

30. EMC Hire shall in no circumstances be liable for:

(i) any indirect, special, or consequential loss;

(ii) loss of profits;

(iii) loss of business;

(iv) loss of product;

(v) loss of use;

(vi) loss of contract;

(vii) loss of goodwill;

(viii) punitive and/or exemplary damages;

31. even if such loss was or should have been in EMC Hire’s contemplation upon entering the contract.

32. Notwithstanding anything else contained herein, EMC Hire does not exclude any liability for (a) death or personal injury resulting from its negligence; or (b) fraudulent misrepresentation.

33. EMC Hire’s liability, whether in breach of contract or in tort (including, without limitation, negligence) shall not exceed in the aggregate 115% of the Contract Price or £10,000, whichever is the greater.

34. Hirers are required to insure against any losses excluded or limited by clauses 23 to 26.

35. EMC Hire shall not be liable for any claim or court proceedings which are brought against it more than 12 months after the event which is the subject of those proceedings.

Cancellation

36. In the event that the contract and hire of the equipment is cancelled or terminated, whether by EMC Hire or the hirer, before the expiry of the term pursuant to any of the conditions of this agreement, the hirer shall pay EMC Hire within thirty (30) days from the date of termination, the termination sum determined in accordance with Condition 32.

37. The termination sum in relation to any termination of the contract shall be determined in accordance with the following formula:

38. X = (P x W) - (W x B)

39. Where,

40. "X" represents the amount of the termination sum;

41. "P” represents the total hire price specified in the contract;

42. "W" represents the total number of chargeable working days in the agreed hire period;

43. "B" represents the total number of chargeable working days from the hire start date to the date of termination, inclusive of the working day in which termination occurred.

44. The termination sum shall be paid in addition to any charges or other sums which have become due or payable to EMC Hire as at the date of the termination of the contract and/or hire of the equipment.

45. If after placing an order for hire of equipment, you then cancel the order or part of the order, we reserve the right to charge a percentage of the contract cost based on Table 2.

46. Due to the complexity of test systems, cancellation charges differ from standard equipment hire. If the hirer cancels an order for a test system, EMC Hire reserves the right to charge a percentage of the contract cost based on Table 2.

47. The termination sum for a test system cancellation shall be paid in addition to any charges or other sums which have become due or payable to EMC Hire as at the date of the termination of the contract and/or hire of the test system.

48. EMC Hire reserves the right to apply the charges detailed in Table 2, should it be necessary to cancel a laboratory booking:

Table 2 Cancelation Notice

49. If you are a hirer acting for purposes outside the normal course of your business and the hire agreement is concluded by means of distance communication e.g., email or telephone etc. then you may have a right to cancel this contract under the Consumer Contracts (Distance Selling) Regulations 2013, except where the hire equipment has already been delivered to you or collected by you.

Breach of the terms

50. If the hirer commit’s any breach of the terms of business, EMC Hire may terminate the contract of hire immediately and require payment of all hire and delivery charges as per clause 37. If you become insolvent, we reserve the right to terminate the contract immediately and collect all hire equipment from your premises.

Entire Agreement

51. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting these terms and conditions of business except as expressly provided in this document.

Assignment

52. The contract evidenced by these terms and conditions of business may not be assigned by either party without the consent of the other party.

Waiver

53. Failure to enforce any of these terms is not a waiver of a party’s rights and shall not prejudice its rights to take action in respect of the same or any later breach.

Severability

54. Any part of a term which is wholly or partially void, invalid, or unenforceable shall be severed from the remainder which remains enforceable.

Force Majeure

55. If a party is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance has been suspended for more than 7 days, either party may terminate the contract by immediate written notice.

Notices

56. Any notice to be given by either party to the other shall be in writing, shall be sent by first class pre-paid post to the other party’s registered office or to such other address as to which any party may from time to time notify the other and shall be deemed to be served 2 days after the date of posting.

57. In proving such service, it shall be sufficient to prove that the envelope containing such notice was addressed to the address of the relevant party and delivered either to that address or into the custody of the postal authorities.

Third Party Rights

58. For the purposes of the Contracts (Rights of Third Parties) Act 1999, this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

English Law

59. This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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