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
Company Number 10008685
VAT Number GB 233 1386 31
(DroneWorks, we, us, our).
To contact us, please see ourContact Us page
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 Orde rby 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)
6.1. The Contract between us will only be formed when we send you the Confirmation and your payment has been received.
6.2. The Order number should be quoted on all subsequent correspondence relating to the Order.
6.3. 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 oron behalf of us that is not set out in these Conditions or any document expressly referred to in them.
6.4. Any drawings, descriptions or advertising produced by us and contained in our catalogues or brochures are produced for the sole purpose of giving anapproximate idea of the Equipment referred to in them. They shall not form partof the Contract nor have any contractual force.
6.5. 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 bytrade, custom, practice or course of dealing.
7. Equipment Hire and Rental Period
7.3. It is a condition of our hire to you that you declare to us thepurpose(s) for which you are hiring the Equipment and where it will be used.
This is toprevent unacceptable risks being taken with the Equipment.
7.4. Any intended use of the Equipment outside of the UK will be subject toour prior written consent provided before or at the time of acceptance of theOrder and may be declined by us.
7.5. In addition, we reserve the right to decline a request to hire if we arenot satisfied with the declared purpose of the hire.
7.6. Other than when we are exercising our rights under the Contract we shallnot interfere with your quiet possession of the Equipment during the RentalPeriod.
7.7. The Rental Period starts on the commencement date stated in the Orderand shall continue for the agreed period stated in the Order unless terminatedearlier in accordance with its terms.
7.8. The Rental Period and contract start date defined in clause 3.
7.9. We warrant that the Equipment shall be of satisfactory quality, in good working order and goodcondition upon delivery and is fit for the purposes it is ordinarily used.
8. Delivery and Acceptance
8.1. All serial numbers of equipment will be recorded prior to delivery.
8.2. Condition of equipment will be recorded prior to delivery.
8.3. The Owner shall arrange for Delivery of the Equipment to the DeliveryLocation. Acceptance of any change to the Delivery Location requested by TheHirer shall be at our sole discretion and you shall be liable for anyadditional expenses incurred by us as a result of such change.
8.4. We shall arrange for suitable transportation to the Delivery Location.
8.5. We will use all reasonable endeavours to effect Delivery by the date andtime agreed by us but time is not of the essence for Delivery of the Equipment.
8.6. You shall accept delivery of the Equipment on the day that we firstattempt Delivery. We shall have no liability for any failure or delay indelivering any Equipment to the extent that such failure or delay is caused byyour failure to comply with your obligations under these Conditions.
8.7. Where our carrier has made an attempt to deliver the Equipment but youhave not been present to accept delivery, the Rental Period shall remain asshown on the Order confirmation, unless we otherwise agree.
8.8. If any Equipment is damaged or missing, then you shall immediatelyinform us (excluding any latent defects not reasonably apparent on inspection).We may require you or your duly authorised representative to sign a receiptconfirming acceptance.
9. Deposit and Rental Payments
9.1. The Hirer shall pay the rental cost in advance to The Owner via acredit/debit card, or via BACS transfer. No payment shall be deemed to havebeen received until DroneWorks has received cash or cleared funds.
9.2. Unless we agree to provide you with credit terms (which is for businesscustomers 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.
9.3. The Rental Payment is inclusive of VAT and any other applicable taxesand duties or similar charges which shall be payable by you at the rate and inthe manner from time to time prescribed by law.
9.4. All amounts due under the Contract shall be paid in full by you withoutany set-off, counterclaim, deduction or withholding (other than any deductionor withholding of tax as required by law).
9.5. All invoices must be paid in full and in cleared funds by you within 14days of receipt of an invoice.
9.6. If we require you to pay a security deposit before we will dispatch anyEquipment then the amount of the deposit will be included in our quotation.
9.7. The security deposit is a deposit against any loss of or damage causedto the Equipment. If you cause any loss or damage to the Equipment (in whole orin part), we shall be entitled to apply the security deposit against suchdefault, loss or damage.
9.8. If the security deposit is not sufficient to cover the entire cost ofthe default, loss or damage then you will be liable to us for the shortfall. Wewill release the deposit within 5 Business Days at the end of the Rental Periodprovided we are happy that all Equipment is complete and undamaged.
10. Return of Equipment
10.1. The Hirer is responsible forand shall arrange for return of the Equipment to the Return Location.
10.2. The equipment must be received atthe Return Location on or before close of business on the final day of therental period defined in clause 3.
10.3. All equipment will be checkedfor function on arrival.
10.4. All equipment will be checkedfor damage on arrival.
10.5. Where items of equipment aremissing or damaged, we will notify you by email and security deposit will notbe released.
11. Loss / Damage of Equipment
11.1. To the extent permitted by law,the Hirer will be responsible for risk of loss, theft, damage or destruction tothe Equipment from any and every cause.
11.2. If the Equipment is lost ordamaged, the Hirer will continue paying Rent for the Term, will provide theOwner with prompt written notice of such loss or damage and will, if theEquipment is repairable, put or cause the Equipment to be put in a state ofgood repair, appearance and condition.
11.3. In the event of Total Loss ofthe Equipment, the Hirer will provide the Owner with prompt written notice ofsuch loss and will pay to the Owner all unpaid Rent for the Term plus theCasualty Value of the Equipment, at which point ownership of the Equipmentpasses to the Hirer.
12. Title, Risk and Insurance
12.1. The Equipment shall at alltimes remain our property, and you shall have no right, title or interest in orto the Equipment (save the right to possession and use of the Equipment subjectto these Conditions).
12.2. The risk of loss, theft, damageor destruction of the Equipment becomes your responsibility at the point ofDelivery.
12.3. The Equipment shall remain atyour sole risk during the Rental Period and any further term during which theEquipment is in your possession, custody or control (Risk Period) until suchtime as the Equipment is returned to us.
12.4. During the Rental Period andthe Risk Period (where applicable), you shall, at your own expense, obtain andmaintain the following insurances:
12.4.1. insurance of the Equipment to avalue not less than its full replacement value comprehensively against allusual risks of loss, damage or destruction by fire, theft or accident, and suchother risks as we may from time to time nominate in writing;
12.4.2. insurance for such amounts as aprudent owner or operator of the Equipment would insure for, or such amount aswe may from time to time reasonably require, to cover any third party or publicliability risks of whatever nature and however arising in connection with theEquipment; and
12.4.3. aviation insurance thatcomplies with EC Regulation 785/2004 together with such other insurance as wemay from time to time consider reasonably necessary and advise you.
12.5. All insurance policies obtainedby you shall be endorsed to provide us with at least 20 Business Days’ priorwritten notice of cancellation or material change (including any reduction incoverage or policy amount) and shall upon our request name us as a loss payeein relation to any claim relating to the Equipment. You shall be responsiblefor paying any deductibles due on any claims under such insurance policies.
12.6. You shall supply to us copiesof the relevant insurance policies or other insurance confirmation acceptableto us and proof of premium payment.
12.7. You shall give us immediatewritten notice in the event of any loss, accident or damage to the Equipmentand you shall be liable to us for:
12.7.1. any loss or damage to theEquipment during the Rental Period however caused; and
12.7.2. any loss of rental paymentsthat we suffer until such time as the Equipment is repaired and ready for hireto another customer.
12.8. If you fail to effect ormaintain any of the insurances required under the Contract, we shall beentitled to effect and maintain the same, pay such premiums as may be necessaryfor that purpose and recover the same as a debt due from you.
13. Customer Responsibilities
During the term of the Contract you have thefollowing responsibilities:
13.1. to ensure the Equipment is keptand operated in a suitable environment, used only for the purposes for which itis designed, and operated in a proper manner by trained competent individualsin accordance with any operating instructions (including the use and storage oflithium polymer batteries in accordance with the manufacturer’s instruction);
13.2. to use the Equipment for the purpose for whichit was designed and not for any other purpose.
13.3. to use the Equipment in a good and carefulmanner and comply with all of the manufacturer's requirements andrecommendations respecting the Equipment and with any applicable law, whetherlocal, state or federal respecting the use of the Equipment, including, but notlimited to, environmental and copyright law.
13.4. not to make any alteration orrepair to the Equipment nor carry out any maintenance to the Equipment withoutour prior written consent;
13.5. to permit us or our dulyauthorised representative to inspect the Equipment at all reasonable times andfor such purpose to enter any premises at which the Equipment may be located,and shall grant reasonable access and facilities for such inspection.
13.6. to maintain operating recordsof the Equipment and make copies of such records readily available to us,together with such additional information as we may reasonably require;
13.7. not without our prior writtenconsent, part with control of (including for the purposes of repair ormaintenance) sell or offer for sale, underlet or lend the Equipment or allowthe creation of any mortgage, charge, lien or other security interest inrespect of it;
13.8. not without our prior writtenconsent, attach the Equipment to any land or building so as to cause theEquipment 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 Equipmentmust be capable of being removed without material injury to such land orbuilding and you shall indemnify us against all losses, costs or expensesincurred as a result of such affixation or removal;
13.9. not do or permit to be done anyact or thing which will or may jeopardise our right, title and/or interest inthe Equipment and, where the Equipment has become affixed to any land orbuilding, you must take all necessary steps to ensure that we may enter suchland or building and recover the Equipment both during the term of the Contractand for a reasonable period thereafter, including by obtaining from any personhaving an interest in such land or building, a waiver in writing and in favourof 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;
13.10. not suffer or permit theEquipment to be confiscated, seized or taken out of your possession or controlunder any distress, execution or other legal process, but if the Equipment isso confiscated, seized or taken, you shall notify us and you shall at your soleexpense use your best endeavours to procure an immediate release of theEquipment and shall indemnify us on demand against all losses, costs, charges,damages and expenses incurred as a result of such confiscation;
13.11. not use the Equipment for anyunlawful purpose;
13.12. to ensure that at all times theEquipment remains identifiable as being our property and not remove any labelsattached to the Equipment;
13.13. return the Equipment at the endof the Rental Period or on earlier termination of the Contract at such addressas we require or allow us or our representatives access to The Hirer’s premisesto remove the Equipment;
13.14. not do or permit to be doneanything which could invalidate the insurances referred to in Clause 12; and
13.15. immediately advise us of anyloss, accident or damage to the Equipment and follow our reasonableinstructions with regard to any associated reporting requirements.
14. Your additional responsibilities with regard to thenature of the Equipment
14.1. to comply with all applicablelaws and regulations for the operation of unmanned aircraft and drones;
14.2. to obtain and maintain at alltimes 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 furtherpermissions granted by the CAA necessary to use the Equipment or;
14.3. before any use of theEquipment, obtain and maintain at all times all necessary and appropriatepermissions, approvals and consents, including from landowners, Air TrafficControl, local Police, other authorities, air users or other stakeholders andall health and safety rules and regulations, that may be required.
14.4. where we have given permissionfor the Equipment to be used overseas then you shall comply with therequirements set out in (n) – (p) above in respect of the country or countriesin which the Equipment is going to be used.
14.5. You acknowledge that we shallnot be responsible for any loss of or damage to the Equipment arising out of orin connection with any negligence, misuse, mishandling of the Equipment orotherwise caused by you or your officers, employees, agents and contractors andyou undertake to indemnify us on demand against the same, and against alllosses, liabilities, claims, damages, costs or expenses of whatever natureotherwise arising out of or in connection with any failure by you to complywith the Contract.
15. Cancellation and Termination
Cancellation provisions where you are a business customer:
If you provide written notice of cancellationof the Order to us:
15.1. more than 72 hours prior to thecommencement of the Rental Period then we shall refund to you any RentalPayment already paid by you (less any reasonable administrative charges that wehave incurred);
15.2. less than 72 hours prior to thecommencement of the Rental Period or once the Rental Period has started thenyou shall be liable to pay a cancellation charge equal to the full RentalPayment unless the reason for cancellation is due to the Equipment beingdefective (and which is verified by us) in which case no cancellation chargewill be due.
15.3. If we are able to re-hire theEquipment to an alternative customer then we may, in our discretion, refund youpart or all of the Rental Payment.
Cancellation provisions where you are a consumer(pursuant to the Consumer Contracts Regulations 2013):
15.4. You have the right to cancelthe Contract within 14 days without giving any reason.
15.5. the cancellation period willexpire after 14 days from the day of the commencement of the Contract.
15.6. to exercise the right to cancelyou 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 cancellationform as set out in Clause 21, butit is not obligatory.
15.7. to meet the cancellationdeadline, it is sufficient for you to send your communication concerning yourexercise of the right to cancel before the cancellation period has expired.
15.8. if you cancel the Contract, wewill reimburse you with all payments made to us.
15.9. we will reimburse you withoutundue delay, and not later than 14 days after the day on which you inform usabout your decision to cancel the Contract.
15.10. if you ask us to begin theRental Period during the cancellation period, you shall pay us an amount whichis in proportion to what has been performed in comparison with the full RentalPeriod, until you communicate your cancellation.
Without limiting our other rights or remedies,we may terminate this Contract with immediate effect by giving written noticeto you if:
16.1. you commit a material breach ofany term of the Contract and (if such a breach is remediable) fail to remedythat breach within 14 days of you being notified in writing to do so;
16.2. you take any step or action inconnection with your entering administration, provisional liquidation or anycomposition or arrangement with your creditors (other than in relation to asolvent restructuring), being wound up (whether voluntarily or by order of thecourt, unless for the purpose of a solvent restructuring), having a receiverappointed to any of your assets or ceasing to carry on business;
16.3. where you are an individual,you are the subject of a bankruptcy petition application or order; or
16.4. you suspend, threaten tosuspend, cease or threaten to cease to carry on all or a substantial part ofyour; or
16.5. your financial positiondeteriorates to such an extent that in our opinion your capability toadequately fulfil your obligations under the Contract has been placed injeopardy.
16.6. Without limiting our otherrights or remedies, we may suspend provision of the Equipment under theContract or any other contract between us if you become subject to any of theevents listed in Clause 15 or wereasonably believe that you are about to become subject to any of them, or ifyou fail to pay any amount due under this Contract on the due date for payment.
16.7. Without limiting our otherrights or remedies, we may terminate the Contract with immediate effect bygiving written notice to you if you fail to pay any amount due under theContract on the due date for payment.
16.8. On termination of the Contractfor any reason you shall immediately pay to us all of our outstanding unpaidinvoices and interest.
16.9. Termination of the Contractshall not affect any of our or your rights and remedies that have accrued as attermination, including the right to claim damages in respect of any breach ofthis Contract that existed at or before the date of termination.
16.10. Any provision of the Contractthat expressly or by implication is intended to come into or continue in forceon or after termination shall remain in full force and effect.
17. Limitation of Liability
Nothing in these Conditions shall limit or excludeeither party’s liability for:
17.1. death or personal injury causedby its negligence, or the negligence of its employees, agents or subcontractors(as applicable);
17.2. fraud or fraudulentmisrepresentation;
17.3. breach of the terms implied bysection 8 of the Supply of Goods (Implied Terms) Act 1973; or
17.4. any matter in respect of whichit would be unlawful for us or you to exclude or restrict liability.
17.5. we shall under no circumstanceswhatsoever be liable to you, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, for any loss of profit, loss ofrevenue, loss of business or any indirect or consequential loss arising underor in connection with the Contract, however caused, even if foreseeable; and
17.6. our maximum aggregate liabilityto you in respect of all other losses arising under or in connection with theContract, whether in contract, tort (including negligence), breach of statutoryduty, or otherwise, shall in no circumstances exceed the Rental Payment.
18. Force Majure
18.1. Neither party shall be inbreach of this Contract nor liable for delay in performing, or failure toperform, any of its obligations under this Contract if such delay or failureresult from a Force Majeure Event.
18.2. If the period of delay ornon-performance continues for 4 weeks, the party not affected may terminatethis Contract by giving 7 days written notice to the affected party.
19. Other Important Terms
19.1. We may transfer our rights andobligations to another organisation but this will not affect your rights or ourobligations under these Conditions. We will notify you in writing or by postingon this webpage if this happens. You may only transfer your rights or yourobligations under these Conditions if we agree in writing.
19.2. The Contract is between you andus 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.
19.3. Each of the paragraphs of theseConditions operates separately. If any court or relevant authority decides thatany of them are unlawful or unenforceable, the remaining paragraphs will remainin full force and effect.
19.4. If we fail to insist that youperform any of your obligations under these Conditions, or if we do not enforceour rights against you, or if we delay in doing so, that will not mean that wehave waived our rights against you and will not mean that you do not have tocomply with these obligations. If we do waive a default by you, we will only doso in writing, and that will not mean that we will automatically waive anylater default by you.
19.5. No variation of this Contractshall be effective unless it is in writing and signed by both us and you (or byour authorised representatives).
20.1. if you wish to contact us inwriting or any clause in these Conditions requires you to contact us in writingthen you can do so by email or pre-paid post to DroneWorks, Unit 1 CrooklandsMill, Langley Lane, Preston, Lancashire, PR3 2JS or to firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normallyby email.
20.2. If you are a consumer andexercising your right to cancel under these Conditions, please follow thedirections for informing us above.
20.3. if we have to contact you orgive you notice in writing, we will do so by email or pre-paid post to theaddress you provide us in your Order.
20.4. If you are a business, pleasenote that any notice given by us to you, will be deemed received and properlyserved 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 anynotice, it will be sufficient to prove, in the case of a letter, that suchletter was properly addressed, stamped and placed in the post, and in the caseof an email that such email was sent to the specified email address of theaddressee.
20.5. The Contract, and any disputeor claim (including non-contractual disputes or claims) arising out of or inconnection with it or its subject matter or formation, shall be governed by andconstrued in accordance with the law of England and Wales.
20.6. We both agree to the exclusivejurisdiction of the courts of England and Wales.
21. Model Cancellation Form
(Complete and return this form only if you wish to withdraw from thecontract)
To DroneWorks, Unit 1 Crooklands Mill, LangleyLane, Preston, Lancashire, PR3 2JS
(Tel: 01772 846 229) (Email: email@example.com)
I/We [*] hereby give notice that I/We [*] cancelmy/our [*] contract of hire of the following goods [*]/for the supply of thefollowing service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form isnotified on paper),
22.1. Business Day: a day (other thana Saturday, Sunday or public holiday) when banks in London are open forbusiness.
22.2. Conditions: the terms andconditions set out in this document.
22.3. Confirmation: our acceptance ofthe Order sent by email to you.
22.4. Contract: the contract betweenus for the hire of the Equipment in accordance with these Conditions.
22.5. Delivery: the transfer ofphysical possession of the Equipment to The Hirer at the Delivery Location.
22.6. Delivery Location: yourpremises or such other location as you specify in the Order and which has beenaccepted by us in the Confirmation.
22.7. Return Location: our premisesor such other location as we specify in the Order.
22.8. Equipment: the drone equipment,accessories (or any part of it) set out in the Order.
22.9. Force Majeure Event: an eventor circumstance beyond a party’s reasonable control.
22.10. Order: your order for hire ofthe Equipment, as set out in your written acceptance of our quotation or yourpurchase order.
22.11. Rental Payment: the paymentmade by or on your behalf for hire of the Equipment.
22.12. Rental Period: the period ofhire as set out in Clause3.
22.13. Monthly Payments: The paymentsmade by or on behalf of The Hirer for hire of the Equipment and Supply ofServices as set out in the Schedule.
22.14. Casualty Value: the marketvalue of the Equipment at the end of the Term or when in relation to a TotalLoss, the market value the Equipment would have had at the end of the Term butfor the Total Loss. The Casualty Value may be less than but will not be morethan the original purchase price of the Equipment.
22.15. Total Loss: means any loss ordamage that is not repairable or that would cost more to repair than the marketvalue of the Equipment.
13. 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 6 Kingsway Avenue, Broughton, Preston, Lancashire, PR3 5JN.
14. 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.