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| 1.
INTERPRETATION |
| these terms
and conditions unless the context otherwise requires: |
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| (i) |
"The Company"
means Gear Head Co., Ltd. |
| (ii) |
"The Customer"
means the person ( including his successors, personal representatives
and permitted assigns) hiring Equipment from the Company and
where there is more than one Customer the covenants on their
part contained herein shall be deemed joint and several covenants. |
| (iii) |
"Equipment"
means all or any items hired by the Customer from the Company. |
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| 2.
GENERAL |
| These terms and conditions
are deemed to be incorporated into all contracts for the supply of
Equipment to the Customer and supersede all terms and condition previously
issued by the Company. These terms and conditions constitute the whole
of the agreement between the Company and the Customer and shall not
be varied in any way unless with the written agreement of the Company
and there are no other conditions, warranties, promises, representations
or obligations, express or implied other than expressly stated herein
or necessarily implied by law. Any order placed by Customer is deemed
to be an order unconditionally accepting these terms and conditions. |
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| 3.
DELIVERY |
| The Customer shall
be responsible for the collection and return of Equipment except where
prior arrangements are made with the Company for delivery and return
(transportation charges, taxes, duties, broker fees, bonds, insurance
including insurance deduct charge and any other cost) incurred during
transit. The company shall have absolute discretion as to the mode
of delivery and the Customer will, at all times, bear the risk and
the cost. |
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| 4.
TERMS OF HIRE |
| (i) |
The Customer shall take all reasonable
precautions to avoid loss or damage to the Equipment during
the period of hire. |
| (ii) |
The Customer shall at all times retain
the Equipment in its custody and will ensure that only the Customer
and/or its employees or servants having appropriate qualifications
and experience be permitted to use the Equipment. |
| (iii) |
The Customer shall not lend or rehire
the Equipment to any other person. |
| (iv) |
The Customer agree that it shall not,
without the prior written consent of the Company use the Equipment
on any abnormal or hazardous assignment or transport the Equipment
from the ground other than on a regular schedule flight by a
recognized airline. |
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| 5.
HIRE CHARGES |
| (i) |
Hire charges for Equipment are as set
out in the rental catalogue or as agreed to by the Company in
writing and the Company reserves the right to alter its hire
charges without notice. A minimum hiring charge applies. |
| (ii) |
The Customer agrees to pay to the Company
the hire charges as set out on the Equipment Hire Contract and
will pay to or reimburse the Company for all delivery costs,
stamp duty and other government duties, taxes and expenses for
which the Company may be liable to pay in connection with the
hire of Equipment to the Customer except where such payment
or reimbursement is expressly prohibited by statute. |
| (iii) |
Hire charge for Equipment are calculated
from the time Equipment leaves the Company’s premises until
the end of the period of hire or when the Equipment is returned
to the Company’s premises and accepted by Gear Head staff whichever
is the later. In the event that the Equipment is not returned
by 9.00 am. on the working day following the last day of the
hiring period, the Customer shall be liable for additional fees
at the full daily rate in respect of each day until the Equipment
is returned. |
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| 6.
PAYMENT |
| (i) |
Hiring fees must be paid prior to hiring
of Equipment or in the case of account Customers within 30 days
from the date of the Company’s invoice. |
| (ii) |
Notwithstanding Clause 6 (i) herein,
the Company reserves the right to demand payment in cash upon
confirmation of order, delivery or collection of Equipment. |
| (iii) |
The Company reserves the right to charge
interest on overdue accounts without prior notice to the Customer
at the rate of 2% per month or at such other rate as may be
fixed from time to time by the Company such interest to be computed
from the date a payment becomes overdue until payment of such
monies is received in full. A certificate signed by any Director,
Manager or Secretary of the Company shall be deemed conclusive
evidence of the rate of interest to be charged. |
| (iv) |
The Company reserves the right to set
a minimum invoice value from time to time and may refuse to
hire Equipment to the Customer in the event that the Customer
fails to comply with the Company’s terms of payment. |
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| 7.
IMPLIED TERMS |
| (i) |
The Customer acknowledges that neither
the Company nor any person purporting to act on its behalf has
made any representation or given any promise or undertaking
which is not expressly set out in this agreement whether as
to the fitness of the Equipment for any particular purpose or
any other matter. |
| (ii) |
The Customer further acknowledges that
it has determined the Equipment conforming to the contract description
will be fit for its purposes and that it has not relied on the
skill or judgment of the Company or any person purporting to
act on its behalf in selecting such Equipment and that before
taking delivery the Customer has checked the Equipment for completeness,
correct functioning and suitability, including film testing
of all cameras. |
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| 8.
LIMITATION AND COMPANY LIABILITY |
| The customer acknowledges
and agrees that unless expressly provided for in this agreement the
Company shall not be liable to the Customer or the Customer’s servants
or agents for any direct, indirect, incidental or consequential loss,
injury or damages of any nature howsoever caused (whether based on
contract, tort or otherwise) including but not limited to loss of
profits, loss of production, loss of sales opportunity or business
reputation, direct or indirect labor costs and overhead expenses and
damage to Equipment or property or any other claim whatsoever arising
directly or indirectly or in any way attributable to the performance
of or failure to perform this contract. |
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| 9.
PROPERTY RISK AND INSURANCE |
| (i) |
The Equipment shall be at the Customer’s
risk from the time the Equipment leaves the Company’s premises
until the time it is returned and accepted by Gear Head staff.
Acceptance of Equipment does not release the Customer from responsibility
for loss or damage of hired Equipment. |
| (ii) |
Unless otherwise agreed to by the Company
in writing, Equipment insurance MUST be effected by the Customer
with a reputable insurance company and copies of insurance documents
must be delivered to the Company before the hire commences (in
case of hiring outside Thailand Customer must be responsible). |
| (iii) |
Gear Head Co.,Ltd must be noted as joint
insured under all policies of insurance including “negative”
insurances and the Customer agrees to inform its nominated insurer
where Equipment may be subjected to abnormal or hazardous conditions
or possible damage by foreign materials such as salt, water,
dust or sand so that full and appropriate insurance cover may
be effected. |
| (iv) |
All insurance policies must include an
extension to include hire charges incurred on lost or damaged
Equipment whilst it is being replaced or required. |
| (v) |
In the event the Equipment is lost or
damaged (fair wear and tear excepted) while at the risk of the
Customer, the Customer shall be liable for and agrees to compensate
the Company for the total replacement cost or total cost of
repairing the Equipment as the case may be. Further the Customer
agrees to compensate the Company for the hire charges incurred
whilst the Equipment is being replaced or repaired. These charges
will not exceed 13 weeks hire. |
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| 10.
INDEMNITY |
| The Customer shall
indemnify and keep indemnified and save harmless the Company and the
Company’s servants and agents for a minimum of a bath 10,000,000.00
from all damages, suits, actions, claims and demands of every description
whatsoever and howsoever arising either directly or indirectly from
the use, maintenance, transport, operation of the Equipment or otherwise
arising out of or in connection with this agreement whether resulting
from the negligence of the Company, its servants, agents or otherwise. |
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| 11.
LIMITATION OF CUSTOMERS LIABILITY |
| If, at the request
of the Customer, the Company agrees in writing to limit any claim
for loss or damage to the Equipment, the Customer hereby agrees and
accepts the following charges, limitations and conditions. |
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| A. |
CHARGES |
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| (i) |
Where the Customer is an account
customer, the Customer shall pay to the Company an additional
charge equal to ten per centum (10%) of the total rental
charge. |
| (ii) |
Where the Customer is a cash-on-delivery
customer, the Customer shall pay to the Company an additional
charge equal to twenty per centum (20%) of the total rental
charge. |
| (iii) |
The Customer acknowledges that
in the event of loss damage to the Equipment within Thailand
the Company will limit any claim to Two Hundred Thousand
Thai Baht (baht 200,000.00) in relation to each and every
claim. |
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| B. |
LIMITATIONS |
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The Company will limit any claim for
loss or damage to Equipment within or outside Thailand as specifically
agreed to in writing, but such limitation EXCLUDES loss or damage
to Equipment in the following circumstances: |
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| (i) |
Loss or damage caused by misuse,
mechanical or electrical derangement. |
| (ii) |
Loss or damage caused by exposure
to salt, exposure to water, exposure to dust or exposure
to sand. |
| (iii) |
Loss or damage resulting from
leaving Equipment in an unattended vehicle whether locked
or unlocked. |
| (iv) |
Loss or damage to radio telephones,
walkie talkies or other items as noted in the price
list. |
| (v) |
Loss or damage to electric gloves. |
| (vi) |
Loss or damage caused by or arising
from war, invasion, act of foreign enemy, hostilities
(whether war be declared or not) civil war, rebellion,
revolution, insurrection or military or usurped power. |
| (vii) |
Loss or destruction of or damage
to any Equipment whatsoever or any loss or expense whatsoever
resulting or arising therefrom or any consequential loss
or any legal liability of whatsoever nature directly or
indirectly caused or contributed to, by or arising from: |
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| (a) |
Ionizing radiations or contamination
by radioactivity from any irradiated nuclear fuel
or from any nuclear waste from the combustion of
fuel. |
| (b) |
The radioactive toxic explosive
or other hazardous properties of any explosive nuclear
assembly or nuclear component thereof. |
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| (viii) |
Loss or damage caused by confiscation
by Customs or other authorities. |
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| C. |
CONDITIONS |
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In the event of loss damage the Customer
shall: |
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| (a) |
Immediately notify the Company
and the Police where necessary and take any practicable
steps towards discovery and recovery. |
| (b) |
As soon as practicable, give a
full written report of the circumstances of the loss or
damage to the Company and furnish the Company with any
particulars or evidence as may reasonably be required. |
| (c) |
The due observance fulfillment
of the terms, conditions and endorsements as stated above
in so far as they relate to anything to be done or complied
with by the Customer and the truthfulness of statements
and answers made by the Customer at the time of instigating
the loss and damage waiver are conditions precedent to
the Company limiting any claims for loss or damage of
the Equipment. |
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| 12.
TERMINATION BY COMPANY |
| The Company may,
not-withstanding the specified period of hire and not-withstanding
any waiver of some previous default, forthwith terminate this agreement
and repossess the Equipment in any of the following events:- |
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| (i) |
If the Customer shall fail to pay any
hiring charges within two (2) days of the due dates.
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| (ii) |
If the Customer shall do or permit any
act or thing whereby the Company’s rights in the Equipment may
be prejudiced. |
| (iii) |
If the Customer should become or be
made insolvent or bankrupt or make any agreement or composition
with its creditors or in the case of a Customer being a limited
company, should an order be made or a resolution passed for
the winding up of such company. |
| (iv) |
If the Customer commits any breach
of this agreement. |
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| 13.
CANCELLATION CHARGES |
| Except where otherwise
agreed by the Company, cancellation of booked or reserved Equipment
within 24 hours of the time specified for collection will incur a
cancellation charge up to a maximum of 50% of the hire fee. |
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| 14.
RECOVERY OF EQUIPMENT |
| (i) |
The Company or its appointed Agent
retain the right of entry for the purpose of recovery of hired
Equipment |
| (ii) |
For the purposes of repossessing the
Equipment, the Company may enter into or upon any such premises
where the Equipment may be without prejudice to the rights of
the Company to recover from the Customer any monies due hereunder
or any damage for breach hereof and the Customer indemnifies
the Company in respect of any claims, damages or expenses arising
out of any action taken under this clause. |
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| 15.
ASSIGNMENT |
| This Agreement may
not be transferred or assigned to any other party without the consent
in writing of the Company. |
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| 16.
WAIVER |
| Any failure by the
Company to insist upon strict performance by the Customer of any terms
or conditions contained in this agreement shall not be taken to be
a waiver thereof and no waiver by the Company of one breach of any
term or condition in this agreement, whether expressed or implied,
shall operate as a waiver of another breach of the same or of any
other terms or conditions in this agreement whether expressed or implied. |
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173/13-14
Soi Phaholyothin 44 Senanikom, Jatujak Bangkok 10900 Thailand
Tel. (662) 940-0787 (Auto 7 Lines) Fax. (662) 940-0318 |
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| Copyright
© 2006 Gear Head Co.,Ltd. All Rights Reserved |
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