OVERVIEW

Welcome to Rope & Marine Services Ltd (“we”, “us”, “our”).

These Terms and Conditions govern the hire of plant and equipment (“Plant”) and the sale of goods supplied by Rope & Marine Services Ltd to any company, firm, person, corporation or public authority (“you”, “Hirer” or “Buyer”).

By placing an order for hire or sale, accepting delivery of Plant or goods, or otherwise entering into a contract with us, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms, you must not proceed with any hire or purchase.

PART A – CONDITIONS OF HIRE

SECTION 1 – RESPONSIBILITY FOR PLANT

1.1 The Hirer accepts full responsibility for loss of or damage to the Plant from whatever cause arising (fair wear and tear excepted).

1.2 The Hirer shall fully indemnify the Owner against all claims for injury to persons or damage to property arising out of or in connection with the use of the Plant, whether under statute or common law.

1.3 The Hirer shall be responsible for:

• The full replacement cost of items lost or stolen

• The full repair cost of items damaged

1.4 The Hirer must insure against the indemnity provided under this section.

1.5 The Hirer shall immediately notify the Owner of any loss or damage to the Plant.

SECTION 2 – HIRE PERIOD

2.1 The minimum hire period is one week.

2.2 The Plant is deemed to be on hire from the time it leaves our depot.

2.3 Hire ceases only when:

• The Plant is returned to our depot; or

• We receive written instruction requesting collection.

2.4 No relief of hire charges will be given during holiday periods.

SECTION 3 – DELIVERY, COLLECTION & USE

3.1 The Hirer is responsible for unloading and loading the Plant at the point of delivery and collection.

3.2 All deliveries and collections carried out by the Owner will be charged separately on a mileage or time basis.

3.3 The Hirer must satisfy themselves that the Plant is in good working order and undamaged before signing the delivery/indemnity note.

3.4 The Hirer must comply with all laws and regulations applicable to the Plant and the work being undertaken.

3.5 The Hirer must take all reasonable steps to maintain awareness of the Plant’s condition. Continued use of Plant in an unsafe condition is entirely at the Hirer’s risk.

SECTION 4 – CONSEQUENTIAL LOSS

4.1 The Owner accepts no liability for any consequential loss or damage arising from:

• Breakdown or stoppage of the Plant

• Non-arrival

• Accidents during loading, unloading or transport

This applies regardless of cause.

SECTION 5 – SUB-LETTING & POSSESSION

5.1 The Hirer shall not sub-let, lend, re-hire, sell, mortgage, charge, pledge or otherwise part with possession of the Plant without prior written permission.

5.2 The Hirer is responsible for the safekeeping of the Plant until returned or collected.

5.3 The Hirer must protect the Plant against distress, execution or seizure and indemnify the Owner against any associated losses or expenses.

SECTION 6 – TERMINATION OF HIRE

6.1 If the Hirer:

• Fails to make punctual payment;

• Breaches these Terms;

• Becomes subject to distress or execution;

• Enters into arrangements with creditors;

• Goes into liquidation (if a company);

• Or acts in a way that prejudices the Owner’s rights,

the agreement shall terminate immediately without notice.

6.2 The Owner may retake possession of the Plant and enter any premises where the Plant is located.

6.3 Termination does not affect the Owner’s right to recover outstanding monies or damages.

SECTION 7 – BUSINESS TERMS

7.1 All approved accounts operate on a net monthly account basis.

7.2 All prices are subject to VAT at the prevailing rate.

SECTION 8 – DEFINITIONS (HIRE)

• Owner: Rope & Marine Services Ltd

• Hirer: The company, firm, person, corporation or authority hiring the Plant

• Plant: All plant, machinery, equipment and accessories hired

PART B – CONDITIONS OF SALE

SECTION 9 – QUOTATIONS & CONTRACT FORMATION

9.1 These are the only terms upon which we sell goods. The Buyer’s own terms shall not apply.

9.2 A contract is formed upon:

• The Buyer’s written order; and

• Our written acknowledgement of that order.

9.3 Quotations are subject to confirmation upon receipt of order.

9.4 Once formed, the contract cannot be cancelled, deferred or altered without our written agreement.

SECTION 10 – PRICE

10.1 We may charge for packaging and carriage in accordance with our quotation or acknowledgement.

10.2 Prices are based on production costs at the date of contract. We reserve the right to adjust prices where costs increase before delivery.

10.3 All prices are subject to VAT at the applicable rate.

SECTION 11 – DELIVERY

11.1 Delivery dates and times are estimates only.

11.2 We are not liable for any loss arising from failure to deliver by a stated date or time.

SECTION 12 – PAYMENT

12.1 Goods sold on account must be paid no later than the end of the month following delivery. Time for payment is of the essence.

12.2 Instalments are payable separately where applicable.

12.3 Late payments will incur interest at 2% per month (or part thereof) from the due date until payment is received.

SECTION 13 – WARRANTIES

Quality

13.1 Goods will:

• Conform to written specifications agreed with the Buyer; or

• Be within normal limits of industrial quality.

13.2 All other warranties (statutory or otherwise) are excluded.

13.3 Specifications, catalogues and literature are prepared carefully but accuracy is not guaranteed and may change without notice.

13.4 Immediate written notice must be given of any defect. Any rectification must be carried out by us.

13.5 We give no warranty as to fitness for any particular purpose unless expressly agreed in writing.

13.6 Our liability for defective goods is limited to:

• Replacement of defective goods; or

• Refund of the price received.

SECTION 14 – PROPERTY & RISK

14.1 Ownership of goods passes only when:

• Full payment of the purchase price is made;

• All other sums owed to us are paid; and

• All contractual conditions are satisfied.

14.2 Until ownership passes, the Buyer holds goods as bailee and must store them separately and clearly identifiable as our property.

14.3 The Buyer may sell goods before ownership passes only as our agent.

14.4 We may revoke the right to sell and recover goods at any time before full payment.

14.5 Risk passes to the Buyer upon delivery.

SECTION 15 – DAMAGE OR NON-DELIVERY CLAIMS

The Buyer must notify both us and the carrier in writing:

• Partial loss/damage: within 2 days of delivery

• Non-delivery of whole consignment: within 14 days of invoice

No claim will be accepted without compliance.

SECTION 16 – PATENTS & DESIGNS

Where goods are manufactured to the Buyer’s design, the Buyer indemnifies us against any infringement claims relating to patents, copyright, trademarks or other intellectual property rights.

SECTION 17 – HEALTH & SAFETY

The Buyer must ensure goods are used safely and without risk to health.

The Buyer indemnifies us against civil or criminal liability arising from injury or illness caused by the goods or their use.

SECTION 18 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for any indirect or consequential loss including loss of profit, revenue, savings or business interruption.

SECTION 19 – GOVERNING LAW

These Terms and any contract formed under them shall be governed by English law.

The parties submit to the exclusive jurisdiction of the English courts.

replace the existing Contact section with this:

CONTACT INFORMATION

Rope & Marine Services Ltd
31 Yorkshire Road
London
E14 7LR

Company Registration No: 5800847
VAT Registration No: 885 5146 88
UTR No: 74369 23923

Email: sales@ropemarine.com