Premier Aquarium Rental
TERMS AND CONDITIONSOF CONTRACT
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GENERAL POINTS TO NOTE
We can arrange a no obligation site visit to assess location, recommend model etc.
A three month deposit is required on all contracts. Providing that the Terms and Conditions of contract are met, this deposit is refundable on termination of contract.
The order will be processed on receipt of cleared funds of 3 month deposit payment and completed standing order mandate. The standing order mandate will not be initiated until a delivery and installation date is finalised. Payment is made strictly by monthly standing order only. A VAT invoice is issued monthly for customers to reclaim VAT where applicable.
A monthly maintenance visit date is booked in advance by AquariumGroup and whenever possible is around the same date as the previous visit. Marine maintenance is weekly.
Acceptance of a rental contract is subject to geographical location. Please contact us for current details of areas covered by this service.
1) INTRODUCTION
1.1 Hire Agreements - Agreement date is the same as the date of installation, between WATERWORLD-AQUATICS LTD trading as AquariumGroup of PO Box 156, Sevenoaks, Kent TN15 0WA ("the Owner") and the company/individual as detailed on this contract ("the Hirer").
1.2 The Owner has agreed to hire out the Aquaria Equipment to the Hirer on the basis of this Contract, subject to these Terms and Conditions for the Minimum Period of Contract and thereafter until ended under Clause 9 or Clause 10 below.
2) MINIMUM PERIOD OF CONTRACT
2.1 Rental Contracts are to run for a Minimum Period of Contract of twelve calendar months for coldwater and tropical setups and twenty four calendar months for marine setups.
3) HIRE COST
3.1 The cost of hiring the Equipment will be as stated on the Contract payable monthly in advance by standing order with the first payment due on the date of installation. Any adjustments in charges of hiring the said Equipment during the second or subsequent years shall be fixed by notice in writing given by the Owner to the Hirer not less than one month before the expiration of the minimum contract period.
4) REFUNDABLE DEPOSIT
4.1 A deposit of three months rental shall be required, to be refunded on termination of Contract (minimum period of twelve calendar months) as set out in Clause 11.3, providing that these Terms and Conditions of Contract are met.
5) OBLIGATIONS OF THE OWNER
5.1 The Owner shall maintain the Displays by inspecting and carrying out the necessary maintenance work from time to time but in any event not less than twelve times in a twelve month period and to maintain the Displays in a healthy and visually appealing condition.
6) OBLIGATIONS OF THE HIRER
The Hirer shall observe and perform the following conditions:-
6.1 to keep the Displays in good repair and condition (reasonable wear and tear accepted) in accordance with the Owner's recommendations and instructions, and permit the Owner and its agents to enter upon the premises where the Aquaria Displays are installed to inspect their condition.
6.2 not to allow anyone except an Approved Engineer from AquariumGroup to interfere with any of the Equipment or attempt to repair it without written consent of the Owner.
7) ASSIGNMENT
7.1 The Hirer shall not assign, mortgage, charge, sublet or otherwise dispose of any contract or any right thereunder in whole or in part without the Owner's prior written consent.
8) INTELLECTUAL PROPERTY
8.1 The Owner shall not be liable for any infringement of intellectual property rights caused by the goods or their use by the Hirer. The Hirer shall forthwith notify the Owner of any allegation of any such infringement. The Owner may at its own expense conduct any negotiations or proceedings arising from any such allegation.
8.2 The Hirer shall not without the Owner's prior written consent allow any trade or service mark of the Owner or other word or mark applied to the goods to be obliterated, obscured or omitted, and the Hirer shall not use or apply any such word or mark without the Owner's prior written consent.
9) ENDING OF AGREEMENT BY THE HIRER
9.1 The Hirer may end the agreement by giving one month's written notice ending on a normal monthly payment date at or after the end of the Minimum Period of Contract. The Hirer must pay the Owner any amounts due up to the date on which the Agreement ends.
9.2 The Hirer may not end the Agreement before the end of the Minimum Period of Contract without prior written consent of the Owner. If the Owner agrees to terminate the Agreement before that date, the Hirer will be required to pay any amount due to the Owner up to the date the Minimum Period of Contract ends and the Hirer will not be entitled to any refund in respect of any advance payment in these circumstances.
10) ENDING OF AGREEMENT BY THE OWNER
10.1 At any time - the Owner may give the Hirer at least one month's written notice. The notice must end on a normal periodic payment date at or after the end of the Minimum Period of Contract.
10.2 Notwithstanding the provisions herin before contained, the Hirer may terminate this Agreement without notice in any of the following events:-
(i) default by the Hirer in payment of the charge for fourteen days after the same shall have become due whether payment thereof has been legally demanded or not;
(ii) the failure by the Hirer to perform and observe his obligations hereunder;
(iii) if any distraint shall be levied on the goods of the Hirer;
(iv) if any process or execution upon any Judgement debt shall issue against the Hirer;
(v) if a receiving order shall be made against the Hirer;
(vi) if the Hirer being a Limited Company shall enter into liquidation whether compulsory or voluntary (not being a voluntary liquidation merely for the purposes of reconstruction) or if a receiver be appointed of the undertaking of the Hirer (being a Limited Company).
(vii) notwithstanding the conditions for determination hereof the Hirer shall pay all charges accrued to the date of determination together with all charges due for the remainder of the Contract Period then enforced and shall remain liable for any damage caused to or suffered by the Owner by reason of any breach of obligation hereunder.
11) WHEN THE HIRE AGREEMENT ENDS
11.1 On termination of this Agreement, the Hirer must allow access to the Owner to repossess the Equipment undamaged except for fair wear and tear. The Owner will have the right to assume that anyone in apparent authority at the Hirer's premises who gives access to the Owner's employees or agents has the Hirer's authority to do so.
11.2 On failure by the Hirer to allow the Owner access to repossess the Equipment, the Hirer must pay the Owner by way of damages an amount equal to the amount which would have been payable to the Owner in respect of the total monthly payments due up to the date the Owner repossess the Equipment had the Agreement remained in force.
11.3 The ending of the Agreement will not affect any rights or remidies of the Owner that exist on the date that it ends. The Hirer must make any payments due up to the date the Agreement ends but the Owner shall not have to repay any payments already made except that the Owner will repay (unless the circumstances are as set out in Clause 9.2 or 10.2):-
(i) any payments which relate to a period after the date on which the Agreement ends.
(ii) any deposit paid by the Hirer under the Agreement less any sums due under Clause 6.
12) NOTICES
Any notices under these conditions shall be in writing and given;
a) to the Owner at AquariumGroup, PO Box 156, Sevenoaks, Kent TW15 0WA. ; or
b) to the Hirer at its registered address or any other address or fax number from which the Owner has received communication from the Hirer.
AquariumGroup is a trading name of Waterworld-Aquatics Limited
