01. Definitions: a) “The Company” is “ZXRecords Limited” b) “The Client” is “The person, firm or company to whom the invoice is addressed”
02. Acceptance of Order: All equipment hires and sales shall be subject only to these terms and conditions unless the Client and the company have agreed in writing to the contrary. All orders placed by the Client shall only be deemed accepted when acknowledged as being so by the Company. In the event of a dispute between the standard terms and conditions of the Company and the Client, the parties agree that the Company’s terms and conditions of business shall take precedence.
03. Quotations: All quotations are made by the Company without obligation.
04. Rates: The rate for the equipment hired is that quoted by the Company, save that the Company reserves the right to vary the rate as a result of any variation in any costs or third-party charges related to the hire.
05. Terms of Payment : a) Payment of invoices shall be made without any deduction or set-off so as to be received by the Company within thirty days from date of invoice. Interest shall be payable on the overdue accounts under the Terms of the Late payment of Commercial Debts (Interest) Act 1998.
b) In the event of a default in payment the Client shall be responsible for any and all applied interest charges and reasonable collection fees incurred in recovering the outstanding amount.
c) In the event of a default in payment the Company reserves the right either to withhold any equipment or services which are the subject of any contract with the Client and/or cancel any subsequent contract with the Client without prior notice.
d) The Company shall be entitled to determine any contract without notice in the event of the bankruptcy insolvency or liquidation of the Client (as the case may be) any time during the contract.
e) The Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on account of the Client for any contracts which are subsequently cancelled.
f) The Client agrees that in the event of a default in payment for the hire the Company may place full details of the Client default with an independent bureau for the purpose of compiling and distributing such information to other interested parties to assist in making decisions from which the information may be used for tracing, the prevention of fraud and the recovery of debt amongst other matters.
06. Period of Hire: a) The hire charge for equipment commences and ends on the dates agreed by the Company.
b) The hire period will be deemed to continue until such time as any damaged equipment is repaired or any equipment that is lost, stolen or damaged beyond repair is replaced provided that the amount of any additional hire charge payable as a direct result of the theft, accidental loss or damage to the equipment shall not exceed 13 weeks rental.
c) Where equipment is delivered or collected by the Company such delivery or collection is at the Clients risk and expense and the Client shall be liable for physical loss and damage and delay to the equipment as soon as the equipment is delivered to the address requested by the Client in the case of delivery and until the equipment has been safely placed into a Company vehicle in the case of collection.
07. The Company’s and Clients Liabilities: Where in these Terms and Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.
a) While the Company shall make every effort to assist the Client with technical knowhow and experience and shall provide general advice and service the Company shall not guarantee that the Client will achieve his intended result by the use of hired equipment and services.
b) The Company shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Client or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by the Company.
c) The Company shall not be liable for any delay or other breach resulting from wars strikes lock-out restrictions non-availability of goods materials or labour or owing to any other cause whatsoever beyond its control.
d) Time is not of the essence in any contract with the Client and the Company shall not be liable for any delays in the supply of equipment materials and services by it or for any losses whatsoever due to any such delays howsoever caused.
e) All equipment and materials entrusted to the Company and all equipment and materials and services supplied by the Company are entirely at the Clients risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company.
f) The Company shall not be liable for any costs incurred in getting replacement equipment to the Client in the event of the breakdown of that equipment even where such a breakdown shall have been caused or contributed to by the negligence of the Company.
g) If it is proved to the satisfaction of the Company its directors or its managers that any equipment hired by the Client has broken down through the fault of the Company its directors or its employees the Company will not make charges for that equipment from the time it breaks down until the time it is replaced or repaired provided that in the event of the equipment being replaced the Client returns the faulty equipment within 24 hours of the faulty equipment being replaced otherwise a charge will be made commencing 24 hours from the time the replacement equipment is provided and ending once the faulty equipment has been returned to the Company. The responsibility for the delivery of any replacement equipment and the return of any faulty equipment rests solely with the Client.
h) The Client shall be required to insure its materials and its work and operations against any loss damage or liability caused by or arising out of or in connection with equipment materials or services supplied by the Company or any contract with the Company. The Client shall inform insurers of the Company’s Terms and Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against the Company.
i) The Client shall at all times keep the Company its directors employees servants agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be brought against the Company its employees servants agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by the Company or for breach of copyright or any other proprietary or other rights of third parties generally resulting from compliance with the Clients instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract of the Company its directors servants or agents.
j) The Client shall further compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of equipment materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Client of these Conditions.
08. The Clients Insurance: Without specific written agreement to the contrary prior to the commencement of the hire period the Client shall effect its own insurance on the equipment. The Client shall ensure that the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Clients policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 6b) above. Particulars of replacement values, repair costs and daily rates for continuing hire will be supplied by the Company on request as appropriate.
09. Failure to Return Goods/Damaged Goods: The Client shall pay to the Company the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 6 of these Conditions due to loss or damage.
10. Late Returns: Equipment returned late will be charged at the single agreed daily rate for each calendar day or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking.
11. Cancellation/Curtailment: If notice of cancellation or curtailment is received by the Company at 24 hours or less notice, then the booking will be charged at full rate. Similarly, bookings cancelled more than 24 but less 48 hours before a booking begins will be charged at 50% of the full rate and bookings cancelled more than 48 but less 72 hours before a booking begins will charged at 25% of the full rate.
12. Use of Equipment: Without the previous consent of the Company hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Clients must keep hired equipment in their custody and must ensure it is used in a skillful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment. Clients must protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances may Clients alter, add to, modify adapt or misuse equipment hired to them by the Company or affix to, install thereon or insert therein any accessory equipment or device incompatible with its proper use.
13. Condition of Goods : a) All equipment and materials supplied by the Company shall be examined and checked and subjected to appropriate tests by the Client before being taken into use and if found to be defective or deficient will be replaced or defects and deficiencies remedied by the Company without additional charge but in no circumstances shall the Company be liable for transportation charges or for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment and materials supplied or agreed to be supplied.
b) The Company shall at its own expense at all times during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Client returns any equipment needing attention to the Company’s premises. Carriage insurance and handling charges including charges for the return journey of repaired or replacement equipment to be paid by the Client. The Company will suspend the hire charge during the period in which the equipment is out of service or until it is replaced as the case may be but the Company shall in no circumstances be liable to the Client for any loss or damage or expense incurred or sustained in connection with or resulting from the return or repair or replacement of such equipment.
14. Company Vehicles: No person other than a person authorised by the Company may in any circumstances drive any vehicles supplied by the Company. Where such vehicles are used by or on behalf of the Client in circumstances not covered by the Company’s insurances, the Client undertakes to effect the appropriate insurance.
15. Title: a)All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Client who shall for all purposes be deemed the Bailee of the said equipment.
b) Clients must not sell loan assign pledge encumber part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Client making any attempts to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights to the equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgement or well-founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
c) The Client agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period, and where such equipment is on premises not occupied or under the control of the Client, the Client shall undertake to secure for the Company permission to enter for such purposes and the Client shall compensate the Company for any costs incurred in repossessing the hired equipment.
16. Clients Property: The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Client for any sum for the time being due to the Company.
17. General:No acceptance of the return or repossession of the equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions.
18. Any advice, instruction, guidance representation or statement in connection with or in relation to the nature and use and application of any equipment materials or services supplied by the Company given or made by any director or any servant or agent of the Company or by any technician whose services are supplied to the Client is given or made only on the condition that the Company shall in no circumstances be liable therefore or for loss or damage of any kind resulting therefrom howsoever caused. No recommendation or nomination by the Company of any person whose services the Client engages shall in any circumstances render the Company its directors servants or agents liable for any loss or damage of any kind resulting therefrom or connected therewith however caused.
19. Governing Law: These Terms and Conditions shall be governed and interpreted according to the Laws of England.
ZXRECORDS’s Privacy Policy
Personal Data collected for the following purposes and using the following services:
Access to third-party accounts
Facebook account access
Permissions: Contact email
Contacting the User
Contact form
Personal Data: address; company name; email address; first name; last name; phone number; profession
Mailing list or Newsletter
Personal Data: email address
Interaction with external social networks and platforms
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: first name; last name; phone number; company name; profession; address; email address; Cookies; Usage Data.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
· Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
· provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
· processing is necessary for compliance with a legal obligation to which the Owner is subject;
· processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
· processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organisation governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
· Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
· Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Contacting the User, Interaction with external social networks and platforms and Access to third-party accounts.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Facebook permissions asked by this Application
This Application may ask for some Facebook permissions allowing it to perform actions with the User’s Facebook account and to retrieve information, including Personal Data, from it. This service allows this Application to connect with the User’s account on the Facebook social network, provided by Facebook Inc.
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.
Contact email
Access the User’s contact email address.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
·Access to third-party accounts
·Contacting the User
·Interaction with external social networks and platforms
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
· Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
· Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
· Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
· Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
· Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
· Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
· Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
· Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Additional information about Data collection and processing
Legal action
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
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