Terms and Conditions of Product Hire | Campbell Associates‎
Terms and Conditions of Hire

Terms and Conditions of Hire

The contract shall be considered as a contract made in England and subject to English law.

Effective From: 15/02/2018

Last Updated: 28/04/2025

General

  1. The contract shall be considered as a contract made in England and subject to English law.
  2. The headings appearing above each condition are included for reference purposes only and shall not affect or limit the interpretation and effect of these conditions.
  3. All prices are deemed to exclude Value Added Tax which shall be payable in addition by the Hirer at the rate prevailing at the tax point.

Interpretation

  1. The Owner is Campbell Associates Ltd, full contact details on the Hire Contract. Hereafter referred to as CA.
  2. The Hirer is the person named in the Hire Contract as Hirer.
  3. The Hire Period starts on the day after the Equipment is despatched by CA to the site address stated on the Hire Contract or made available for collection from CA by the hirer. The hire ceases when all the Equipment is returned to CA in good working condition or if the equipment has been damaged during this Hire when all necessary repairs to the Equipment have been completed. These dates are shown on the hire contract as the start and planned end dates; during the hire the end date may be altered by agreement with CA subject to the minimum hire period of seven days and re-negotiation of any long term hire discount agreed and noted in the contract.
  4. Weekends are classified as normal hire days and will be included in the hire period calculation.
  5. Equipment means all the equipment described in the Hire Contract and attached kit lists including protective cases, hand books, calibration certificates etc.
  6. Rental is specified in the Hire Contract as the day rate at which the Equipment is Hired, times the number of days the hire continues, plus the additional items (delivery etc). If the Hire Period is exceeded then the rental shall be calculated over the extended period. There is a minimum rental of £30 excluding carriage.
  7. Invoice Rental is invoiced at the end of the hire or if it continues over a calendar month end CA may at its sole discretion invoice for the hire to date. On Long Term hire contracts, hire to date continuation invoices will be issued at the end of each month in addition to the final invoice issued at the end of the contract.
  8. Payment is required in advance for non-account holders and is subject to a security deposit (equipment dependant, normally £1000 - £3000) and an administration fee of £50 per contract. Payment is acceptable by BACS transfer, Credit card or Debit card. Regular clients may apply for a credit account and if agreed by CA will be invoiced on net 30 day terms and not subject to the security deposit or administration fee.

Duration of Hire and Delivery

  1. CA hereby hires to the Hirer for the Hire Period the Equipment at the Rentals as described in the Hire Contract upon these terms and conditions.
  2. CA shall use all reasonable endeavour to have the Equipment available for delivery or collection on the start date of the Hire Period specified in the Hire Contract but CA shall not incur any liability whatsoever in the event of delay.
  3. In addition to the Rentals the Hirer shall be liable to pay CA’s outbound carriage charges for the Equipment.
  4. Delivery of the Equipment is usually made by overnight carrier to the Site Address on the Hire Contract. Return of Equipment to CA is the Hirer’s responsibility. The Hirer may request CA to collect the Equipment from the Site Address at the end of the hire and a separate charge will be made for this service.
  5. All Equipment must be returned using the packaging provided. Failure to return packaging before the due payment date will result in an additional charge for its replacement. Any repair costs for equipment damaged during transit due to incorrect packaging will be charged to the Hirer at CA’s sole discretion.
  6. The Hirer acknowledges that CA relies on the Hirer to inspect the Equipment immediately after delivery and to ensure that it is of merchantable quality fit for the Hirer’s purpose. The Hirer will inform CA within 24 hours of delivery if the Hirer is not entirely satisfied with the Equipment.
  7. The Customs and Excise status of the Equipment is EU free circulation and it may not be removed from the EU without the written consent of CA. If this is given all Customs Duties and procedures are the responsibility of the Hirer and the hire will not deemed to have ended until documentation has been provided to show that all duties and taxes have been paid and that the EU free circulation status has been restored.

Terms of Payment

  1. Payment is due within the period specified on the invoice commencing from the invoice date without further reference or statement. Time shall be of the essence in respect of payment of all sums due hereunder and the Hirer shall be deemed to be in breach of this agreement if any payment remains unpaid for more than 14 days after becoming due.
  2. Payments may be made by electronic funds transfer as directed by CA or cheques made payable to Campbell Associates Limited.
  3. Without prejudice to the Owners’ right to enforce payment if the Hirer fails to make payment as hereinbefore provided the Owner shall be entitled to charge interest on any balance outstanding from the date the same became due for payment at base rate plus the statutory 8% surcharge.
  4. Interest shall become payable pursuant to the foregoing clauses notwithstanding the fact that a portion of the account be subject to any dispute or query.
  5. Without prejudice to CA’s right to enforce payment if the Hirer fails to make payment as hereinbefore provided the Owner shall be entitled to charge all costs of debt recovery to the outstanding balance due for payment by the Hirer.

Hirer’s Obligations

  1. Take all reasonable care of the Equipment and keep the same in good, serviceable working condition (reasonable wear and tear excepted) and indemnify CA against loss of or damage to the Equipment howsoever caused.
  2. Ensure any instructions or manuals supplied with the Equipment are fully understood and will be observed by the Hirer and any person responsible for the use of the same.
  3. Take such further steps as may be properly recommended by the manufacturer or may otherwise be necessary to ensure that the Equipment will be safe and without risks to health and safety when properly used by the Hirer or their authorised users.
  4. Only operate the Equipment and permit the Equipment to be operated in a skilful and proper manner and by persons who are competent to operate such Equipment.
  5. Inform CA of any anticipated delay in returning the Equipment beyond the agreed Hire Period as soon as practical before the end of the Hire Period and CA will then confirm if the Equipment is not committed to another hire contract and allow the hire to continue.
  6. Not make, cause or permit any alteration, amendment, modification, repair or marking of any kind on the Equipment without CA’s prior written consent. Any such change shall belong to and become the property of CA and be part of the Equipment.
  7. Keep the Equipment suitably housed and in particular keep the Equipment in conformity with any statutory requirements from time to time applicable thereto.
  8. Permit CA and any person authorised by CA access to the Equipment at any time so as to inspect and/or repair the Equipment.
  9. Notify CA in writing of any change in the Hirer’s address and upon request from CA to inform them in writing of the whereabouts of the Equipment.
  10. If requested by CA to affix or cause to be affixed to the Equipment or any separate parts thereof plates or other forms of marking indicating that the Equipment is the property of CA and is on hire to the Hirer. The Hirer shall ensure that such Plates remain affixed and conspicuous and are not removed, obliterated, defaced, or covered up.
  11. The equipment shall remain the property of CA (notwithstanding that it may have become attached to any land or building) and the Hirer shall have no right or interest therein otherwise than as lessee and shall at no time do or permit to be done any act or thing which might prejudice or jeopardise the rights of CA in and to the Equipment.
  12. The Hirer has entered into this Hire Agreement in the course of and for the purpose of the business or profession carried on by the Hirer and is accordingly not to be treated as a “consumer” within the meaning of the Unfair Contract Terms Act 1977.
  13. The Hirer has selected the Equipment as suitable for its purpose.

Insurance

  1. The Hirer shall throughout the Hire Period or (if longer) for so long as the Equipment remains in its possession or under its control at its own expense insure the Equipment against all loss or damage and against all risks of third party liability arising out of the ownership, presence or use of the Equipment in an amount equal to the greater of:
    1. The full replacement value of the Equipment, and
    2. The amount from time to time payable on termination of the hiring of the Equipment calculated in accordance with clause 8 below.
  2. In the event of any loss of or damage to all or any part of the Equipment, the Hirer shall give immediate notice to CA and assist in the making of any insurance claim as required by CA, without settling or compromising any claim without prior written consent.
  3. The Hirer shall promptly reinstate or repair at its own expense Equipment which has not become a total loss and shall continue to pay Rentals. Insurance monies received shall first cover any outstanding sums due to CA, and then be reimbursed to the Hirer.
  4. If any item of Equipment becomes a total loss, the Hirer shall pay CA an amount comprising:
    1. All due rentals and other sums under this agreement including interest, and
    2. All other sums due including an amount under clause 8.3.3 regarding termination costs.
    The Hirer remains liable for indemnifying CA for losses not covered by insurance.

CA’s Obligations

  1. Prior to delivery, CA will carry out all necessary maintenance requirements for the Equipment.
  2. If during hire the Equipment becomes unusable, CA will use best endeavours to provide an identical or similar replacement in mainland UK upon return of the defective item.

Termination

  1. CA may terminate the Hire Agreement immediately if:
    1. The Hirer, being an individual, dies or enters insolvency procedures;
    2. The Hirer, being a company, enters liquidation or administration;
    3. A receiver or administrator is appointed over the Hirer's assets;
    4. The Hirer is subject to seizure under legal process.
  2. Termination may also occur if:
    1. Rental or sums remain unpaid for 14 days;
    2. The Hirer commits a breach not remedied within 7 days;
    3. The Hirer prejudices CA's rights over the Equipment.
  3. On termination:
    1. The Hirer must return or deliver the Equipment at its own expense;
    2. The Hirer remains responsible for safe-keeping until returned;
    3. The Hirer must immediately pay:
      1. All arrears of rental and interest;
      2. Costs of repossession and recovery;
      3. All rental that would have been payable for the remainder of the term;
      4. Any other sums due.

Return of the Equipment

  1. Upon expiry of the Hire Period, the Hirer must return the Equipment in good condition (fair wear and tear excepted) and unencumbered.
  2. The Hirer is responsible for securely packing and labelling the goods when returning.
  3. The Hirer must cover all disconnection, removal, and transportation costs.

Indemnity

  1. The Hirer shall indemnify CA against all claims, costs, or liabilities arising from any loss, injury, death, or damage caused or alleged to be caused by the Equipment or its use.
  2. The Hirer shall indemnify CA against all claims, costs, or liabilities arising directly from the design, manufacture, control, operation, use, removal, maintenance, repair, or hiring of the Equipment, howsoever arising, and regardless of when such events occur, provided that nothing shall oblige the Hirer to indemnify CA against death or personal injury resulting from CA’s negligence.

Ownership

  1. The Equipment shall at all times remain the property of CA, and the Hirer shall have no rights to the Equipment other than as Hirer. The Hirer shall not prejudice CA’s rights in the Equipment.
  2. CA may assign or transfer ownership of the Equipment, or assign its rights under this Agreement, provided that the Hirer’s right to quiet possession remains unaffected if not in breach.

Claims

  1. Claims due to incomplete or incorrect deliveries must be notified upon receipt. Claims for other defects must be made in writing immediately upon discovery.
  2. Claims duly raised will be attended to following inspection of the equipment at CA’s office.
  3. In no event will Campbell Associates Limited or the equipment manufacturer be liable for any loss or damage, including indirect or consequential loss, data loss, or loss of profits arising from the use of the equipment or services provided.

Notices

  1. All notices must be in writing and will be deemed duly given when dispatched to the party’s address as specified in the Hire Contract.

Force Majeure

  1. The definition and consequences of Force Majeure as described in Brochure No.421 of the International Chamber of Commerce apply to these conditions.

Non-Waiver of Rights

  1. The failure by either party to exercise or enforce any rights under this contract shall not be deemed a waiver of such rights or prevent their enforcement at any time thereafter.