2. The customer must, when returning any items to Rochesters, return them in their original packaging and containers. A charge will be made for lost or damaged packaging, details of which are available on demand.
2. Goods to be collected from the customer must be available on the appointed time and date for collection. If the customer is not able to make the goods available for collection a further collection and delivery charge will be payable or the customer must return the goods at his own expense. Should Rochesters be held up on site for any unreasonable length of time during delivery or collection a charge will be levied at the rate of twenty pounds per hour. Goods not returned at the end of the agreed hire period will have to be returned by the customer at their own expense and time within twenty four hours and will remain on hire until returned. An additional charge equivalent to the first day’s hire charge for those items not returned will be made for every day or part thereof that the goods are not returned.
3. Any deficiencies or damage in transit must be reported to Rochesters within twenty four hours of delivery and no claim for concealed damage can be entertained by Rochesters unless so notified.
4. Unless prior arrangements have been made our charges allow only for unloading and loading from alongside the vehicle. Our charges assume that all goods will be re-packed ready for collection by the time agreed and will be ready to be loaded from alongside the vehicle.
2. All prices quoted where appropriate will be subject to EU taxes and VAT at the rate pertaining at the date of collection or delivery.
3. Payment shall be due in full without deduction 14 days prior to delivery. Rochesters reserves the right to charge a deposit at its own discretion. In the case of late payments Rochesters will charge the customer interest at the rate of two percent of the invoice value of the goods per month by a way liquidating damages.
4. You can cancel without penalty by writing to us by post, email or fax to arrive within seven days from the receipt of your deposit.
5. After that if you cancel you must pay us the following, which are a reasonable estimate of our likely losses:
If you cancel within 90 days of the Event – 20% of the total price
If you cancel within 30 days of the Event – 50% of the total price
If you cancel within 7 days of the Event – 80% of the total price
You may wish to take out insurance cover against cancellation.
“the customer” shall mean the person, persons or company specified in the order of their agent.
“the goods” shall mean the goods subject to this contract and specified in the order form.
1. No variation of these conditions shall be valid unless accepted in writing by Rochesters. A binding agreement will only exist between the customer and Rochesters when the customer has signed the order form and it has been accepted by Rochesters.
2. The person signing the order from warrants that they have the authority of the customer to do so on the customer’s behalf and hereby agree to indemnify Rochesters against all losses incurred by Rochesters if this is not so. They acknowledge that they have been instructed in the safe and proper operation of the goods and they and the customer undertake that no-one will use the goods who is not instructed.
3. The customer hereby authorises Rochesters to enter upon any premises in which Rochesters have reason to believe that any goods belonging to them may be and if necessary Rochesters may in their absolute discretion inspect, test, repair, replace or repossess such goods.
4. No condition is to be made or implied or any warranty given or to be implied as the accuracy of any descriptions illustrations dimensions or pre contract statements of the goods supplied by Rochesters under this agreement or that they will be suitable for any particular purpose or use under any specific for circumstances notwithstanding that such purposes or circumstances may be known or made know to Rochesters by the customer.
5. Rochesters shall not be liable for loss of profit or other consequential loss suffered by the customer howsoever arising.
6. Any failure by Rochesters to enforce any or all of these conditions shall not be construed as a waiver of these rights by Rochesters.
7. This contract and these conditions shall be governed by English law and any dispute arising out of or in connection with it shall be determined only in the courts of England and Wales.
8. Rochesters will make every endeavour to deliver on the appointed date and time, however, Rochesters will not be held responsible for factors outside of their control. The customer understands and accepts that for reasons of weather, traffic, breakdown etc it may not always be possible to be on time.
9. During the hire period the customer will be responsible for the equipment from the time it is delivered to the customer until return to the hire centre and the customer shall at all times and in all respects indemnify Rochesters against:
(i) any and every expense liability financial loss claim or proceeding whatsoever in respect of any personal injury whatsoever ( including but without prejudice to the generality of the foregoing injury to the customer and injury to any servant employee or agent of the customer) and
(ii) in respect of any damage to or loss of any property whatsoever including the goods arising out of or in connection with or consequent upon the hire delivery use or misuse non use repossession collection and return or non return of the goods or any part thereof.
10. The customer shall keep himself acquainted with the condition of the goods and ensure that they remain safe serviceable and in good repair. Any breakdown or damage to the goods must be notified to the hire centre and under no circumstances be repaired unless authorised to do so by Rochesters. If the goods need to be returned to the hire centre for examination or repair the customer agrees to pay the cost transport for such purposes.
11. The goods may only be used at the site specified in the order form by the customer and no other site unless the prior authority of Rochesters is obtained in writing.
12. The customer accepts full responsibility for the care and safekeeping and return of the goods in the same state of repair as they were delivered to the customer save fair wear and tear and the customer agrees to pay Rochester’s all costs incurred by them in rectifying the condition of the goods returned damaged and any loss that Rochester’s may suffer as a result of the same.