DRONEWORKS EQUIPMENT HIRE AGREEMENT
Terms and conditions for hire of drone equipment and related accessories.
1. Information About Us (The Owner)
IM Tec Solutions Ltd (trading as DroneWorks)
Unit 1, Crooklands Mill
Langley Lane
Preston
Lancashire
PR3 2JS
Company Number 10008685
VAT Number GB 233 1386 31
(DroneWorks, we, us, our).
To contact us, please see our Contact Us page
https://www.drone-works.uk/contact
2. Information You (The Hirer)
Detailed on invoice associated with equipment rental.
3. How a contract is formed between you and us
You can make an inquiry to hire Equipment online, by email or by phone, in response to which we will send you a quotation for hire.
All quotations are valid for 14 Business Days from issue.
After you submit an Order and agree to our quotation, including these Conditions, we will confirm acceptance of your Order by sending you a confirmation email specifying:
- the type and quantity of Equipment to be hired
- the Rental Period and Rental Payment
- an Order number
PLEASE NOTE: We will not confirm acceptance of your Order until such time as you have provided evidence of insurance (as detailed in clause 12) and where you are a new customer, until you have completed the identification verification process (as detailed in clause 7.1)
3.1. The Contract between us will only be formed when we send you the Confirmation and your payment has been received.
3.2. The Order number should be quoted on all subsequent correspondence relating to the Order.
3.3. These Conditions and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Conditions or any document expressly referred to in them.
3.4. Any drawings, descriptions or advertising produced by us and contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Equipment referred to in them. They shall not form part of the Contract nor have any contractual force.
3.5. These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. Equipment Hire and Rental Period
4.1. If you are a new Customer then we will require you, at our discretion, to complete an identification verification process to safeguard our interests.
4.2. All information you disclose to us will be kept confidential by us and subject to the terms of our Privacy Policy.
4.3. It is a condition of our hire to you that you declare to us the purpose(s) for which you are hiring the Equipment and where it will be used.
This is to prevent unacceptable risks being taken with the Equipment.
4.4. Any intended use of the Equipment outside of the UK will be subject to our prior written consent provided before or at the time of acceptance of the Order and may be declined by us.
4.5. In addition, we reserve the right to decline a request to hire if we are not satisfied with the declared purpose of the hire.
4.6. Other than when we are exercising our rights under the Contract we shall not interfere with your quiet possession of the Equipment during the Rental Period.
4.7. The Rental Period starts on the commencement date stated in the Order and shall continue for the agreed period stated in the Order unless terminated earlier in accordance with its terms.
4.8. The Rental Period and contract start date defined in clause 3.
4.9. We warrant that the Equipment shall be of satisfactory quality, in good working order and good condition upon delivery and is fit for the purposes it is ordinarily used.
5. Delivery and Acceptance
5.1 All serial numbers of equipment will be recorded prior to delivery.
5.2. Condition of equipment will be recorded prior to delivery.
5.3. The Owner shall arrange for Delivery of the Equipment to the Delivery Location. Acceptance of any change to the Delivery Location requested by The Hirer shall be at our sole discretion and you shall be liable for any additional expenses incurred by us as a result of such change.
5.4. We shall arrange for suitable transportation to the Delivery Location.
5.5. We will use all reasonable endeavours to effect Delivery by the date and time agreed by us but time is not of the essence for Delivery of the Equipment.
5.6. You shall accept delivery of the Equipment on the day that we first attempt Delivery. We shall have no liability for any failure or delay in delivering any Equipment to the extent that such failure or delay is caused by your failure to comply with your obligations under these Conditions.
5.7. Where our carrier has made an attempt to deliver the Equipment but youhave not been present to accept delivery, the Rental Period shall remain as shown on the Order confirmation, unless we otherwise agree.
5.8. If any Equipment is damaged or missing, then you shall immediately inform us (excluding any latent defects not reasonably apparent on inspection).We may require you or your duly authorised representative to sign a receipt confirming acceptance.
6. Deposit and Rental Payments
6.1. The Hirer shall pay the rental cost in advance to The Owner via a credit/debit card, or via BACS transfer. No payment shall be deemed to have been received until DroneWorks has received cash or cleared funds.
6.2. Unless we agree to provide you with credit terms (which is for business customers only and will be detailed in our quotation), then we require you topay the full Rental Payment to us prior to the dispatch of the Equipment.
6.3. The Rental Payment is inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by you at the rate and in the manner from time to time prescribed by law.
6.4. All amounts due under the Contract shall be paid in full by you without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.5. All invoices must be paid in full and in cleared funds by you within 14days of receipt of an invoice.
6.6. If we require you to pay a security deposit before we will dispatch any Equipment then the amount of the deposit will be included in our quotation.
6.7. The security deposit is a deposit against any loss of or damage caused to the Equipment. If you cause any loss or damage to the Equipment (in whole or in part), we shall be entitled to apply the security deposit against such default, loss or damage.
6.8. If the security deposit is not sufficient to cover the entire cost of the default, loss or damage then you will be liable to us for the shortfall. We will release the deposit within 5 Business Days at the end of the Rental Period provided we are happy that all Equipment is complete and undamaged.
7. Return of Equipment
7.1. The Hirer is responsible for and shall arrange for return of the Equipment to the Return Location.
7.2. The equipment must be received at the Return Location on or before close of business on the final day of the rental period defined in clause 3.
7.3. All equipment will be checked for function on arrival.
7.4. All equipment will be checked for damage on arrival.
7.5. Where items of equipment are missing or damaged, we will notify you by email and security deposit will not be released.
8. Loss / Damage of Equipment
8.1. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
8.2. If the Equipment is lost or damaged, the Hirer will continue paying Rent for the Term, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
8.3. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
9. Title, Risk and Insurance
9.1. The Equipment shall at all times remain our property, and you shall have no right, title or interest in o to the Equipment (save the right to possession and use of the Equipment subject to these Conditions).
9.2. The risk of loss, theft, damage or destruction of the Equipment becomes your responsibility at the point of Delivery.
9.3. The Equipment shall remain at your sole risk during the Rental Period and any further term during which the Equipment is in your possession, custody or control (Risk Period) until such time as the Equipment is returned to us.
9.4. During the Rental Period and the Risk Period (where applicable), you shall, at your own expense, obtain and maintain the following insurances:
9.4.1. insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may from time to time nominate in writing;
9.4.2. insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as we may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and
9.4.3. aviation insurance that complies with EC Regulation 785/2004 together with such other insurance as we may from time to time consider reasonably necessary and advise you.
9.5. All insurance policies obtained by you shall be endorsed to provide us with at least 20 Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon our request name us as a loss payee in relation to any claim relating to the Equipment. You shall be responsible for paying any deductibles due on any claims under such insurance policies.
9.6. You shall supply to us copies of the relevant insurance policies or other insurance confirmation acceptable to us and proof of premium payment.
9.7. You shall give us immediate written notice in the event of any loss, accident or damage to the Equipment and you shall be liable to us for:
9.7.1. any loss or damage to the Equipment during the Rental Period however caused; and
9.7.2. any loss of rental payments that we suffer until such time as the Equipment is repaired and ready for hire to another customer.
9.8. If you fail to effect or maintain any of the insurances required under the Contract, we shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from you.
10. Customer Responsibilities
During the term of the Contract you have the following responsibilities:
10.1. to ensure the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent individuals in accordance with any operating instructions (including the use and storage of lithium polymer batteries in accordance with the manufacturer’s instruction);
10.2. to use the Equipment for the purpose for which it was designed and not for any other purpose.
10.3. to use the Equipment in a good and careful manner and comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
10.4. not to make any alteration or repair to the Equipment nor carry out any maintenance to the Equipment without our prior written consent;
10.5. to permit us or our duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection.
10.6. to maintain operating records of the Equipment and make copies of such records readily available to us, together with such additional information as we may reasonably require;
10.7. not without our prior written consent, part with control of (including for the purposes of repair or maintenance) sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
10.8. not without our prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and you shall indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;
10.9. not do or permit to be done any act or thing which will or may jeopardise our right, title and/or interest in the Equipment and, where the Equipment has become affixed to any land or building, you must take all necessary steps to ensure that we may enter such land or building and recover the Equipment both during the term of the Contract and for a reasonable period thereafter, including by obtaining from any person having an interest in such land or building, a waiver in writing and in favour of us of any rights such person may have or acquire in the Equipment and aright for us to enter onto such land or building to remove the Equipment;
10.10. not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify us and you shall at your sole expense use your best endeavours to procure an immediate release of the Equipment and shall indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
10.11. not use the Equipment for any unlawful purpose;
10.12. to ensure that at all times the Equipment remains identifiable as being our property and not remove any labels attached to the Equipment;
10.13. return the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as we require or allow us or our representatives access to The Hirer’s premises to remove the Equipment;
10.14. not do or permit to be done anything which could invalidate the insurances referred to in Clause 12; and
10.15. immediately advise us of any loss, accident or damage to the Equipment and follow our reasonable instructions with regard to any associated reporting requirements.
11. Your additional responsibilities with regard to the nature of the Equipment
11.1. to comply with all applicable laws and regulations for the operation of unmanned aircraft and drones;
11.2. to obtain and maintain at all times all necessary and appropriate licences, certifications and permits, including a valid and current permission for commercial operations (PFCO)granted by the Civil Aviation Authority (CAA), any relevant exemptions or further permissions granted by the CAA necessary to use the Equipment or;
11.3. before any use of the Equipment, obtain and maintain at all times all necessary and appropriate permissions, approvals and consents, including from landowners, Air Traffic Control, local Police, other authorities, air users or other stakeholders and all health and safety rules and regulations, that may be required.
11.4. where we have given permission for the Equipment to be used overseas then you shall comply with the requirements set out in (n) – (p) above in respect of the country or countries in which the Equipment is going to be used.
11.5. You acknowledge that we shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you or your officers, employees, agents and contractors and you undertake to indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with the Contract.
12. Cancellation and Termination
Cancellation provisions where you are a business customer:
If you provide written notice of cancellation of the Order to us:
12.1. more than 72 hours prior to the commencement of the Rental Period then we shall refund to you any Rental Payment already paid by you (less any reasonable administrative charges that we have incurred);
12.2. less than 72 hours prior to the commencement of the Rental Period or once the Rental Period has started then you shall be liable to pay a cancellation charge equal to the full Rental Payment unless the reason for cancellation is due to the Equipment being defective (and which is verified by us) in which case no cancellation charge will be due.
12.3. If we are able to re-hire the Equipment to an alternative customer then we may, in our discretion, refund you part or all of the Rental Payment.
Cancellation provisions where you are a consumer(pursuant to the Consumer Contracts Regulations 2013):
12.4. You have the right to cancel the Contract within 14 days without giving any reason.
12.5. the cancellation period will expire after 14 days from the day of the commencement of the Contract.
12.6. to exercise the right to cancel you must inform us of your decision to cancel the Contract by a clear statement(e.g a letter sent by post or email). You may also use the model cancellation form as set out in Clause 21, but it is not obligatory.
12.7. to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.8. if you cancel the Contract, we will reimburse you with all payments made to us.
12.9. we will reimburse you without undue delay, and not later than 14 days after the day on which you inform us about your decision to cancel the Contract.
12.10. if you ask us to begin the Rental Period during the cancellation period, you shall pay us an amount which is in proportion to what has been performed in comparison with the full Rental Period, until you communicate your cancellation
13. Termination
Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:
13.1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
13.2. you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
13.3. where you are an individual, you are the subject of a bankruptcy petition application or order; or
13.4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your; or
13.5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.6. Without limiting our other rights or remedies, we may suspend provision of the Equipment under the Contract or any other contract between us if you become subject to any of the events listed in Clause 15 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
13.7. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment.
13.8. On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
13.9. Termination of the Contract shall not affect any of our or your rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
13.10. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14 Limitation of Liability
Nothing in these Conditions shall limit or exclude either party’s liability for:
14.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors(as applicable);
14.2. fraud or fraudulent misrepresentation;
14.3. breach of the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973; or
14.4. any matter in respect of which it would be unlawful for us or you to exclude or restrict liability.
14.5. we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business or any indirect or consequential loss arising under or in connection with the Contract, however caused, even if foreseeable; and
14.6. our maximum aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Rental Payment.
15. Force Majeure
15.1. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event.
15.2. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this Contract by giving 7 days written notice to the affected party.
16. Other Important Terms
16.1. We may transfer our rights and obligations to another organisation but this will not affect your rights or our obligations under these Conditions. We will notify you in writing or by posting on this webpage if this happens. You may only transfer your rights or your obligations under these Conditions if we agree in writing.
16.2. The Contract is between you and us and no other person shall have any rights to enforce any of its terms, whether under the Contracts Rights of Third Parties Act 1999 or otherwise.
16.3. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.4. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5. No variation of this Contract shall be effective unless it is in writing and signed by both us and you (or by our authorised representatives).
17. Notices
17.1. if you wish to contact us inwriting or any clause in these Conditions requires you to contact us in writing then you can do so by email or pre-paid post to DroneWorks, Unit 1 Crooklands Mill, Langley Lane, Preston, Lancashire, PR3 2JS or to info@drone-works.uk.
We will confirm receipt of this by contacting you in writing, normally by email.
17.2. If you are a consumer and exercising your right to cancel under these Conditions, please follow the directions for informing us above.
17.3. if we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide us in your Order.
17.4. If you are a business, please note that any notice given by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and in the case of an email that such email was sent to the specified email address of the addressee.
17.5. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
17.6. We both agree to the exclusive jurisdiction of the courts of England and Wales.
18. Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To DroneWorks, Unit 1 Crooklands Mill, Langley Lane, Preston, Lancashire, PR3 2JS
(Tel: 01772 846 229) (Email: info@drone-works.uk)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of hire of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
19. Definitions
19.1. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
19.2. Conditions: the terms and conditions set out in this document.
19.3. Confirmation: our acceptance of the Order sent by email to you.
19.4. Contract: the contract between us for the hire of the Equipment in accordance with these Conditions.
19.5. Delivery: the transfer of physical possession of the Equipment to The Hirer at the Delivery Location.
19.6. Delivery Location: your premises or such other location as you specify in the Order and which has been accepted by us in the Confirmation.
19.7. Return Location: our premises or such other location as we specify in the Order.
19.8. Equipment: the drone equipment, accessories (or any part of it) set out in the Order.
19.9. Force Majeure Event: an event or circumstance beyond a party’s reasonable control.
19.10. Order: your order for hire of the Equipment, as set out in your written acceptance of our quotation or your purchase order.
19.11. Rental Payment: the payment made by or on your behalf for hire of the Equipment.
19.12. Rental Period: the period of hire as set out in Clause3.
19.13. Monthly Payments: The payments made by or on behalf of The Hirer for hire of the Equipment and Supply of Services as set out in the Schedule.
19.14. Casualty Value: the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
19.15. Total Loss: means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
20. Company Information
DroneWorks is a trading name of IM Tec Solutions Ltd.
IM Tec Solutions Ltd. is a registered company in the United Kingdom.
Company number 10008685
VAT number 233 138 631
Registered office address at Unit 1 Crooklands Mill, Langley Lane, Preston, Lancashire, PR3 2JS
21. Acceptance of Terms
The Client acknowledges that they have read this Agreement and both understands and agrees with DroneWorks regarding all of the Terms and Conditions.
You can print a copy of these Trading Terms by selecting the print option from the “File” menu of your browser.