Please read the following hire terms & conditions carefully.

1. GENERAL
Testerhire.co.uk is wholly owned, operated and invoiced by our parent company Cable Management Warehouse Ltd. The following terms and conditions constitute the entire agreement between you (the Hirer) and Cable Management Warehouse Ltd. (the Owners) for the hire of certain equipment. Unless otherwise agreed in writing by the Owners, these terms and conditions will apply to all transactions between the Hirer and the Owners to the exclusion of any terms and conditions put forward.


2. HIRE CHARGES
The charges for rental shall be agreed at the commencement of the hire and shall be invoiced in advance. The term of the hire shall be for a minimum period of Seven days unless otherwise stated in our quotation and shall continue to be charged thereafter for COMPLETE rental periods. Weekly Rental Periods - the hire charges will be based on full weeks. A week is taken to be seven consecutive days (including Bank Holidays), including the day the hire commences. Monthly Rental Periods – the hire charges will be charged per 28 days.
If the actual period of rental is shorter than the period of rental initially agreed at the commencement of the Hire, the Owners will charge rental rate based upon the original period of rental and also charge for a complete rental period in full. At any time during the hire the Owners reserve the right to alter rental charges, delivery and collection charges, any discounts and the contents of the catalogue without prior notice.


3. COMMENCEMENT AND TERMINATION OF HIRE

Commencement of Hire
The hire period shall commence on the day the equipment is either collected by the Hirer from the Owners' premises or delivered to the UK secure site advised by the Hirer.

Termination of Hire
The equipment will not automatically be collected or off-hired by the Owners at the end of the initial period of hire, unless specifically requested in writing on the initial order. It is the Hirer's sole responsibility to inform the Owners of their intention to terminate the hire prior to the expiry of the hire period.

Owners reserve the right to charge the Hirer for any further rental periods if the Hirer fails to notify the Owners of its intention to terminate the hire. The Hirer shall contact the Owner no later than 4.30pm (UK time) on the day before the equipment is to be made available for collection and obtain an off-hire reference. The period of hire shall be deemed to end on the day preceding the first working day that the equipment is made available for collection.

It is the Hirer's sole responsibility to ensure that the equipment is properly packaged for transportation before the equipment is made available for collection. Where the equipment is to be collected by the Owners or their appointed agents, it is the Hirer's responsibility to ensure that the equipment is made available for collection at the time agreed. If the equipment is not made available for collection at the agreed time or not packaged suitably, the Owners reserve the right to charge the costs of the failed collection to the Hirer, subject to a minimum charge of £95. Without prejudice to any other rights under these conditions and in particular to the Hirer's responsibility to inform the Owners of the Hirer's intention to terminate the hire, the Owners may terminate the hire of the equipment at any time by giving the Hirer seven days notice in writing.



4. DELIVERY AND COLLECTION
In addition to the hire charge, separate charges will be made for delivery and collection of the equipment. Details of the Owners' standard scale of transport charges for all methods of delivery and collection of equipment are available upon request. Where the Hirer's own transport is used it is the Hirer's responsibility to adequately pack and protect the equipment for the return transit to the Owners' premises. All cases must be marked fragile. It is the Hirer's responsibility to agree the method of delivery and collection to be used prior to the commencement of hire and to obtain the Owners' permission when the Hirer's own transport is used. All packaging materials are chargeable if not returned or returned damaged at termination of hire.


5. ACCEPTANCE CONDITIONS
Acceptance of delivery of the equipment by the Hirer or its appointed agent will be conclusive evidence that the said equipment has been examined and found to be complete in accordance with the manufacturer's description, in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.

6. INDEMNITIES
Any claim for damages by the Hirer against the Owners arising out of the Hirer's use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to the equipment and any loss of profit, cost or expenses and any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof.
The Owners shall not be liable for any loss other than death and personal injury, which may arise out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, the Owners exclude all warranties relating to the equipment and the Hirer's use thereof except as specifically stated herein.


7. HIRER'S OBLIGATIONS
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
(a) To keep the equipment at the delivery address and in the Hirer's own possession unless otherwise agreed in writing by the Owners.
(b) Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade and Industry or the Bureau of Export Administration.
(c) To permit the Owners or their authorised representatives at all reasonable times to enter upon the premises or vessel where the equipment may from time to time be kept to inspect, maintain, repair and test the same.
(d) To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment or recovering possession of the equipment from the Hirer or other person and any consequential loss and/or costs suffered by the Owners as a result of the failure of the Hirer to return the equipment in accordance with these terms and conditions.
(e) To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturer's recommendations).
(f) To preserve the Owners' and manufacturer's identification numbers or marks or any nameplates that there should be upon the said equipment.
(g) (i) The Hirer undertakes to arrange at its own expenses appropriate insurance cover with an approved insurance company against all insurable risks and to produce on request to the Owners evidence of such insurance and the payment of premiums hereunder.
(h) To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the full replacement cost of the equipment as new.
(i) To keep the equipment free from distress execution or other legal process and not create or allow to be created any lien over the equipment.
(j) Not to sell, assign, let on hire or transfer the benefit of hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the hire.
(k) Not to make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
(l) In the event of any breakdown or alleged defect in the equipment:
(i) The Hirer shall give written notice to the Owners within 24 hours (which shall be deemed to be given once received by the Owners) of the discovery of the alleged defect specifying the nature of the defect.
(ii) The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective.


8. OWNERS' OBLIGATIONS
The Owners will maintain the said equipment at no cost to the Hirer and will provide such service at the Owners' premises during normal business hours save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clauses 7(k) or 9. In the event of failure of any item of equipment whilst on hire, the Owners shall use reasonable endeavours to supply free of charge an identical or similar item of equipment within 48 working hours of notification for UK based equipment. Transportation costs as appropriate to that destination may be levied.


9. CONDITIONS OF USE
The Hirer will, in its use of the said equipment, observe all the manufacturer's instructions and other regulations that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions or regulations or failure to use the same in a proper manner. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work, etc., Act 1974 (in particular section 2(2)(b) and 2(2)(c) thereof) or any subsequent governing legislation. The Owners make the said equipment available purely for rental purposes and the Hirer has no purchase rights or options, unless previously agreed in writing, regardless of the hire period.

10. DELIVERY DATES
Delivery dates quoted are intended as estimates only although reasonable endeavours will be made to adhere to them. In no circumstances shall the Owners be liable for delay in delivery arising from any cause whatsoever.

11. CANCELLATION
Cancellation or part cancellation of any order can only be accepted with the Owners' consent in writing and on terms which indemnify them fully against loss.


12. PAYMENT TERMS
(a) Payment of all charges including hire charges and delivery charges is strictly in advance by bacs prior to shipping.
(b) Payments sent by post are at the risk of the Hirer.
(c) The Owners may charge and the Hirer shall pay interest at the rate of 3% per annum above the LIBOR Rate for the time being on all sums which, from time to time, may be due from the Hirer to the Owners hereunder and for the time being unpaid, such interest being calculated from the due date until the payment is received.
(d) The Owners reserve the right to alter the terms at any time when in the Owners' opinion the Hirer's financial condition or previous payment record so warrants.nder this contract any monies which are not then
presently payable by the Owners or for which the Owners dispute liability.
(e) No payment is deemed to be made until received in the Owners' bank account.
(f) The Hirer shall not be entitled to withhold payment of any amount payable to the Owners because of any disputed claim of the Hirer in respect of faulty equipment or any other alleged breach of this or any other contract between the Hirer and the Owners, nor shall the Hirer be entitled to set off against any amount payable under this contract any monies which are not then presently payable by the Owners or for which the Owners dispute liability.


13. OWNERSHIP
The equipment is and shall remain the sole property of the Owners save that for purposes connected with financing of the said equipment the property in the equipment may be vested in a third party. The consent of the Hirer will not be required for the assignment or transfer of this Agreement or the benefit thereof from or to the Owners to or from any bank leasing company or finance house being the owner of the equipment. The Hirer shall not do or permit or cause to be done anything whereby the rights of the Owners in respect of the equipment are or may be prejudicially affected and the Hirer is not allowed to claim capital allowances on the equipment.


14. DEFAULT
If the Hirer shall default in making any payment or if the Hirer is in breach of these Conditions of Hire, or becomes insolvent or compounds with its creditors or has distress or execution levied upon its property or is wound up or goes into liquidation (except for the purposes of a solvent reconstruction) or has a receiver, administrative
receiver or administrator appointed of the whole or any part of its assets or suffers any similar process under the law of its domicile then the Owners shall be entitled to terminate the agreement forthwith and enter upon the Hirer's premises and to remove the equipment without notice to the Hirer. The Owners are hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owners of its rights therein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.


15. CABLE MANAGEMENT WAREHOUSE WARRANTY
The Owners hereby warrant to the Hirer that at the commencement of the rental period the equipment complies with its
Manufacturer's description. The Hirer may not assign the benefit of this warranty to any other party. In no event shall the
Owners be liable to the Hirer for any consequential incidental or exemplary damages such as loss of revenues or use of any equipment or down time costs. The Owners shall not be responsible for any delays or failures in delivery of equipment or in making repairs, recalibration or replacement due to unavailability of parts, or labour, or industrial disputes, delays in transportation or other causes beyond its reasonable control. The foregoing warranty shall not apply to any damage to equipment caused by accident, misuse or abuse. The Owners do not warrant the merchantability of the equipment or its fitness or suitability for any particular purpose or use.


16. PERFORMANCE
Whilst application advice may be given no responsibility is accepted for incorrect results due to circumstances external to the equipment hired.


17. PATENTS AND COPYRIGHTS
Equipment may be the subject of patent rights and/or legal protection.

18. SOFTWARE
The following shall apply where software is supplied with the equipment.
(a) The title to all software including programs and documentation furnished by the Owners shall be retained by the original manufacturer.
(b) The Hirer is supplied the use of the software only for the rental term and the software shall be used only on the specific equipment with which it was supplied. Use of the software shall consist either of copying any portion of the program from storage units or media into the CPU or the processing of DATA with the program or BOTH.
(c) The Hirer may make up to two copies of the Owners' supplied machine-readable software for backup and archival purposes.
(d) Subject to the provision of clause 18(c) the Hirer shall not copy or duplicate or permit a third party to copy or duplicate in any manner any physical or magnetic version of the Owners' supplied machine readable software. The Hirer shall not copy or duplicate any printed materials related to any furnished with the Owners' supplied machine-readable software.
(e) Upon termination of the hire as defined in clause 3 above, the Hirer shall return to the Owners the original Owners' supplied machine readable software, all copies thereof and all printed material furnished with such software.
(f) The provisions of clause 18(e) shall not apply if the Hirer has purchased user rights from the Owners for the Owners'
supplied software and has signed the original manufacturer's software or program licence agreement for said software. In that event the Hirer's rights and obligations upon termination shall be governed by the original manufacturer's software or program licence agreement.
(g) No licences or rights are granted except as set forth herein or in the original manufacturer's software or program licence agreement, which the Hirer shall be required to sign on receipt and before using the software. The Hirer may not assign the software without the Owners' prior written consent.
(h) Any test results saved during the rental period by the hirer should be downloaded or printed by the hirer prior to return or collection of the equipment.


19. FORCE MAJEURE
If either the Owners or the Hirer are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but not longer than the continuance of the Force Majeure. The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability. If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more, then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.


20. GOVERNMENT PROCUREMENT
No Government Procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.


21. DELAY
The Owners shall not be liable for delays in performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by the Owners' suppliers.


22. FEES AND EXPENSES
The Owners shall be entitled to recover from the Hirer all fees and expenses (whether or not formal legal action is instituted) incurred as a result of any breach of these terms by the Hirer or need to enforce same or in any other way arising in connection with these Conditions of Hire.


23. DAMAGES
The remedies provided herein are the Hirer's sole and exclusive remedies. In no event shall the Owners be liable for direct indirect special incidental or consequential damages (including loss of profits) whether based on contract tort or any other course of action.


24. AGGREGATE LIABILITY
The aggregate liability of the Owners (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the Hirer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the hire charges paid to the Owners in relation to the equipment.


25. VAT
All prices quoted are exclusive of V.A.T, which will be charged at the rate in operation at the relevant tax point date.

26. EXPORT CONTROL
Delivery will be made to your confirmed office or secure site address within the UK.
Use outside of the UK is not permitted.


27. NOTICE
Any notice, demand, statement or other written communication required or permitted to be given to the Hirer by the Owners shall be deemed to have been validly given, delivered or sent by post or left at the address of the Hirer stated in this Agreement or at the Hirer's present or last known address.


28. MISCELLANEOUS
(a) If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further.
(b) Any waiver, indulgence or forbearance by either party of any of these Conditions of Hire and/or any breach thereof shall apply only in the particular instant or instances in which such waiver, indulgence or forbearance occurs, and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.
(c) The exercise or implementation of or reliance upon any of the terms and conditions by the Owners shall not give rise to any right by the Hirer to cancel any contract with the Owners.
(d) If any provisions of these Conditions of Hire are found by a court or other competent authority to be void and unenforceable, such provisions shall be deemed to be deleted from the Conditions of Hire and the remaining provisions shall remain in full force and effect.
(e) The hirer should ensure that adequate insurance has been obtained in order to cover replacement costs at the prevailing recommended retail price in the event of equipment loss, damage or theft.


29. RIGHT OF SET-OFF
The Owner is irrevocably and unconditionally authorised at any time and from time to time without notice to the Hirer to apply by way of set off any amount due and payable to the Owner under these Conditions of Hire against any other sums due and owing to the Hirer by the Owners, provided that any such amounts are not the subject of a bona fide dispute between the Hirer and the Owners.


30. GOVERNING LAW
Any contract between the Hirer and the Owners shall be governed by and construed in accordance with the Laws of England and the Hirer agrees to be subject to the exclusive jurisdiction of the English Courts.


31. KEY FACTS
Use
Prior to commencing live testing please ensure you are familiar with all operations of the tester including the initial set up to ensure you have entered the site name, user name, company name and that the time and date settings are correct. We advise that you complete some trial tests following the initial set up to also include the downloading of the trial test results to your PC or laptop via LinkWare software. Once full testing commences we advise you download results daily to further ensure there safe return. Full equipment operation details and the latest LinkWare software can be found via our downloads section or via Fluke Networks website.


Safety
Under the terms and condition of the hire agreement you are committing to ensuring that the tester is fully covered by your company or personal insurance at all times to the latest published recommended selling price by the manufacturers. Please enquire at the time of order to establish sufficient cover is in place. Please do not leave the tester on any unmanned sites, unfamiliar offices and unattended vehicles or in the charge of people whom may invalidate your insurance. We take every care to deliver and collect testers at agreed times and dates however we are at the mercy of third party couriers over which we have no control. Therefore we are unable to offer any guarantees or claims for consequential losses due to late or non deliveries.


Return
Please ensure you have downloaded all your results from the tester to your PC or laptop using the cable provided or via the onboard and or your own removable memory facility. All results and set up’s are deleted & formatted on return to our office before despatch to the next customer. When using our pre-paid return service, please contact us on the day prior to collection in order that our courier can be arranged in advance. 

1.) Unless otherwise requested equipment is delivered next working day but is not guaranteed as we are reliant on third party couriers and traffic conditions which are beyond our control.
2.) Your hire period is a minimum of Seven (7) consecutive days from the day of receipt, weekends and bank holidays inclusive or as stated on your invoice. E&OE.
3.) On receipt, conduct your own trial tests so you are familiar with all operations and check the internal calibration expiry dates and component parameters fit within your requirements.
4.) We recommend you reference, trial test, visually inspect and download your test results at least once a day.
5.) For fibre testing you will require your own cleaning and inspection equipment, launch leads and or test reference leads as none are supplied.
6.) Download all your test results before returning the equipment to us using the latest free Linkware software available from Fluke Networks as memories and settings are formatted on receipt.
7.) Contact us the day prior to collection to off hire and confirm the goods will be ready or if you wish to extend the hire.
8.) Use the same Black & Red delivery packing container and secure with the supplied Yellow tamper seals for the safe return and remove any original delivery address information or barcodes from the sides.
09.) Return address labels with consignment barcode will be emailed once collection is confirmed for you to print and attach to the outer package side. (Not on the Red dimpled lid please)
10.) Refused or failed courier deliveries or collections will incur an additional charge and delays.
11.) An additional Seven (7) days hire will automatically be invoiced on day Six (6) if no notice has been received to off hire.
12.) No refunds or credits will be applied for any unused hire days once the equipment has been despatched or extended.
13.) The equipment is under your own company insurance while on hire so please handle and store with care.
14.) Fluke user guides and results software are available from our website.
15.) Equipment is calibrated directly by the manufacturer or in some instances by a third party company, please check before use this meets your requirements. (PDF certificates available using the QR codes on the equipment)
16.) Users are reminded that while we try to ensure equipment is sent ready for uninterrupted typical use some components such as permanent link adaptors and tips, channel adaptors, batteries, headsets etc are classed as consumable items so may require field replacement at any undefined point after delivery, subject to availability.
17.) Where possible we suggest users refrain from sharing equipment with others, use personal protection equipment and sanitize touched surfaces after use with anti bacterial wipes whilst ensuring the equipment is not exposed to excess moisture where ingress is possible near inputs, outputs and operation button perimeters.
18.) Delivery will be made to your confirmed office or secure site address within the UK.
Use outside of the UK is not permitted.