Phoenix Surveying Equipment Ltd

No property in the goods shall pass until the purchase price and any interest due has been paid in full and the buyer shell have custody of the equipment as agent and bailee of the seller only but shall be responsible for all loss, destruction or damage there to, and shall store the goods in such a manner as to indicate clearly that the property remains vested in the seller.
If the purchase price shall not be paid in full with 30 days of the date hereof the seller may at anytime thereafter require the buyer forthwith to return the equipment but if the buyer does not immediately return the equipment the seller shall be entitled to recover it from the buyer and charge the buyer the cost of so doing, and the buyer hereby grants a licence to the seller to enter upon the premises of the buyer to effect such a recovery.
The buyer having inspected the equipment, it is agreed that the equipment is suitable for the buyer’s purposes and that the seller shall not be responsible for any defect in the equipment except insofar as the seller has itself received any assignable guarantee in which case such guarantee will on request be assigned by the seller to the buyer.
Interest shall be payable on the whole or any part of the purchase outstanding if it has not been paid in full within 30 days after it becomes due, such interest to be charged at a rate of 20% per annum on sums outstanding from the date hereof until the date of payment in full, interest to be calculated on a daily basis.

"The Owner" is Phoenix Surveying Equipment Ltd.

"Hirer" is the party named on the hire documents

The hire charge accrues on a daily basis from the date of despatch until the date upon which the equipment returns to the owner.
Unpaid hire charges and any other sums due hereunder incur interest at the rate of 20% per annum (calculated on a daily basis) from the date of payment whether before or after judgment.

Every possible effort has been made to ensure that the equipment is serviceable and suitable but the hirer must satisfy himself of this before the start of the hire and the owner is not liable in any defects, failure or inaccuracies in the equipment.
The hirer shall keep the equipment in good repair and condition and on termination of the hire shall return the equipment in the same state of repair and condition as it was at the start of the hire, failing which the hirer shall be liable to the owner for any loss or damages and costs suffered directly or indirectly by the owner as a result.
The hirer shall use the equipment in Great Britain (not Northern Ireland) only and shall not permit it to be used elsewhere.
The hirer shall use the equipment for its proper purpose only an shall not hire let or otherwise part with possession of it.
The hirer shall insure the equipment in its full replacement value against all risks of a comprehensive policy.
If the equipment is lost stolen or damaged beyond economic repair the hirer must pay on demand the current retail price as published.
Until payment in full is received for losses or damage the owner reserves the right to continue any hire charges until payment is received in full. Hire charges are calculated on weekly basis.

The hiring shall terminate and the hirer shall forthwith return the equipment to the owner if:-
1. The agreed term of the hire expires, or
2. Any payment due from the hirer remains unpaid 30 days from the earlier of the date due or the relevant invoice, or
3. If the hirer is an individual partnership, on an act of insolvency, or
4. If the hirer is a limited company on the appointment of a Receiver or on the entering of any judgment against the company or on the initiation of winding up proceedings (whether by resolution, notice, petition or otherwise) or in any arrangement being made with creditors or
5. On the hirer giving the owner 7 days written notice of termination.
On termination if the hirer does not immediately return the equipment, the owner shall be entitled to recover it , from the hirer and charge the hirer the cost of so doing and the hirer hereby grants a licence to the owner to enter the premises of the hirer to effect such recovery.

Products: