Terms and Conditions

Radio Links Terms and Conditions of Sale

1. DEFINITIONS: In these Terms and Conditions;

“the Seller” shall mean RADIO LINKS COMMUNICATIONS LIMITED,
“the Buyer” shall mean the person, form or company to whom this document is addressed,
“the Equipment” shall mean the goods to be purchased by the Buyer under the Contract in which these Terms and Conditions are incorporated (referred to herein as “the Contract”)
“Software” shall mean the software listed in Schedule 1 and all user documentation in respect of such software;
“Documentation” shall mean the operating manuals, user instructions, technical literature and all other related materials in eye-readable form published by the Seller relating to the use and application of the Software.
“Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyrightand related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world, and
“the Act” shall mean the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1979.

2. ENFORCEMENT:

(a) Unless hereafter expressly agreed in writing between the Seller and the Buyer, the Buyer’s order is accepted only on the basis of these Terms and Conditions.
(b) The Buyer shall be deemed to have accepted the same without variation. If these Terms and Conditions have been expressly varied by agreement in writing then the Terms and
Conditions as varied shall become the Terms and Conditions.
(c) If the Buyer has, by whatsoever means, endeavoured to impose terms and conditions at variance with the Seller’s Terms and Conditions as below the Buyer’s Terms and Conditions
shall have no effect.

3. ACCEPTANCE:

The Seller shall supply the goods/products as detailed on Schedule 1 of the equipment to be provided. The goods supplied will be required to pass an agreed set of acceptance tests. Acceptance will only occur after acceptance tests have been passed. Payment of the Charges will be linked to acceptance testing, with each agreed phase payment, as detailed in Schedule 3, being payable on passing final acceptance tests as detailed in Schedule 4. Two failures of acceptance tests will be permitted. Costs of any testing after this, being borne by the Seller. If system fails acceptance tests for a third time NEC will have the right to terminate the agreement or request the Seller to follow an agreed remediation plan at its own cost. Risk and title in each of the goods supplied to the Buyer by the Seller under these Terms and Conditions, including (without limitation) for loss or damage, shall remain with the Seller until acceptance has occurred in respect of each of the goods in accordance with this clause 3. Upon such acceptance, title and risk shall pass to the Buyer.

3.1 Within 2 days of delivery or installation of the goods supplied by the Seller, whichever is the latter, the Buyer shall carry out the acceptance tests as detailed in Schedule 4.

3.2 In the event that any good(s) supplied by the Seller fail the acceptance tests provided in Schedule 4 more than twice:

(a) the Seller must bear the costs of any further acceptance testing undertaken in respect of such good(s);
(b) the Buyer shall be permitted to terminate these Terms and Conditions immediately upon written notice at no cost to the Buyer; and/or
(c) the Buyer shall be permitted to request the Seller to follow an agreed remediation plan at the Seller’s cost.

3.3 Acceptance of any and all goods supplied by the Seller shall only occur once such acceptance tests have been passed.

3.4 The Buyer shall not be obliged to pay each phase payment (as detailed in Schedule 3) until acceptance in respect of all goods to be supplied under these Terms and Conditions has
occurred in accordance with this clause 3 and Schedule 3.

4. GOVERNMENT CONTRACTS:

(a) If the work carried out by the Seller is in connection with a Government Contract and the Buyer fails to disclose this information these Terms and Conditions shall apply.
(b) If the Buyer makes such a disclosure then the Buyer must present the terms and conditions of the Government Contract to the Seller and, if the Seller decides to accept the Order ultimately placed by the Buyer, the terms and conditions of the Government Contract shall apply only where they are at variance with any obtained herein; otherwise the Seller’s Terms and Conditions shall apply.

5. VALIDITY:

Unless terminated earlier in accordance with its terms, these Terms and Conditions shall come into force on the date hereof and shall continue in force until (i) all goods to be supplied by the Seller to the Buyer have been installed and accepted in accordance with the provisions of these Terms and Conditions; and (ii) the warranty period in relation to such goods has expired.

5.1 Without prejudice to any rights that have accrued under these Terms and Conditions, either party may at any time terminate these Terms and Conditions immediately by notice in
writing to the other if that other party shall:

(a) commit a material breach or a series of minor breaches that when taken together constitute a material breach of these Terms and Conditions and in the case of a breach
capable of being remedied, shall have failed, within thirty (30) days after being notified, to remedy the breach; or
(b) become insolvent or bankrupt or go into liquidation, receivership or administration or is wound up or enters into a composition or arrangement with its creditors or takes or
suffers any similar or analogous action in any jurisdiction; or
(c ) suspend or cease or threaten to suspend or cease to carry on all or a substantial part of its business.

5.2 Expiry or termination of these Terms and Conditions shall be without prejudice to the accrued rights and remedies of either party.

5.3 Upon termination of this agreement, the licence granted pursuant to clause 24 shall continue in full force and effect.

6. PRICES:

The price in respect of the Equipment shall be as provided in Schedule 1 (Product Costs) of these Terms and Conditions. These prices are only applicable to the Equipment purchased by the Buyer as stated in this Schedule 1. The price of any additional goods to those provided in Schedule 1 (Product Costs) shall be as agreed between the parties.

7. GOODS SUPPLIED TO CUSTOMER’S REQUIREMENTS:

If the Seller fails to supply goods to the Buyer’s specific requirements the Seller shall modify, repair or replace such goods or services without further charge.

8. DESPATCH DATES:

As a supply and installation contract, despatch dates will be in accordance with the Delivery and Installation Schedule 2.

9. DAMAGES OR LOSS IN TRANSIT: Not Applicable with this contract

10. PAYMENT

Subject to compliance with clause 3, The NEC shall pay all Seller invoices on its standard net monthly payment terms ie: the last working Friday on the month, following month dated on invoice. Where a credit account is established, interest at 2% above National Westminster base rate shall be payable by the Buyer on any account that is more then 30 days overdue until payment is received. Where phase payments are scheduled, these will documented by the Seller and agreed by the Buyer prior to acceptance of order.

11. PASSING OF PROPERTY:

The property in the goods shall not pass to the Buyer or a 3rd party who is representing the Buyer until they have been delivered and the total price paid. If payment of the total price, or other sums
owing, is not made on the due date we shall have the right, having given 30 days written notice and opportunity to resolve the issue, to retake possession of the whole, or part, of the goods without prejudice to any of our other remedies.

12. WARRANTIES:

12.1 The Seller warrants to the Buyer that:

(a) it has full capacity and authority to enter into and to perform these Terms and Conditions and that these Terms and Conditions are executed by a duly authorised
representative of the Seller;
(b) it has full authority and right to licence the Software to the Buyer in accordance with these Terms and Conditions and that the Buyer’s use and operation of the Software
will not infringe any intellectual property rights of any third party;
(c) all goods supplied to the Buyer in accordance with these Terms and Conditions shall conform and comply with the description and specification in respect of such goods;
(d) all goods supplied to the Buyer in accordance with these Terms and Conditions shall be of satisfactory quality, within the meaning of the Sale of Goods Act 1979;
(e) the Seller shall discharge all obligations under these Terms and Conditions with reasonable skill and care and in accordance with good industry practice;
(f) in discharging its obligations under these Terms and Conditions, shall comply with any and all legislation and regulatory requirements and shall ensure that the Software and
any goods provided to the Buyer under these Terms and Conditions are compliant with all applicable legislation and regulatory requirements; and
(g) the Software and the media on which the Software is delivered by the Seller to the Buyer shall be free from viruses and other malicious code and the Seller shall not
introduce any viruses onto the Buyer’s systems while performing any obligations or as a result of performing any obligations under these Terms and Conditions.

12.2 The Software and all goods supplied under these Terms and Conditions carry a full guarantee for all parts and labour for 36 months from the date of acceptance unless stated
otherwise.

12.3 Repairs/replacements must be carried out at the Seller’s premises, unless otherwise agreed by the Seller, and all transport costs necessary to facilitate the return of the goods to
the Seller’s Workshops for repair/replacement must be paid for by the Buyer. The Seller warrants that it has the right to use the appropriate licenses for any software applications and
it will perform the Services with reasonable care and skill and in accordance with good industry standards/best practice.

12.4 Goods may not be returned without the Seller’s agreement and prior arrangement.Goods will be examined in our Workshops and a full report made. Any goods that have been
tampered with by the Buyer, or the Buyer’s agent, will render all guarantees null and void.

13. PACKING, INSURANCE AND CARRIAGE: Not applicable with this contract

14. CANCELLATION:

In the event of cancellation of an order the Seller reserves the right without prejudice to charge up to 100% for custom built items of infrastructure and goods and services already supplied. For boxed stock held pending shipment, a re-stocking charge would be calculated based on the manufacturers re-stocking charge and our administration costs.

15. LIEN:

In the event of the Buyer’s insolvency the Seller shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer’s goods in our possession (although some of these may have been paid for), for any monies due either in respect of such goods or of any general or particular balance, or any other money due from the Buyer to the Seller, whether under the same order or not.

16. TERMINATION OF LIABILITY:

Both the NEC and the Seller will have the right to terminate the contract where the other Party:-

a) commits any material breach of any of the terms of the contract and fails to correct the breach within thirty 30 days of being notified;
b) commits a series of persistent breaches which, when taken together, amount to a material breach; or
c) becomes insolvent.

The Buyer shall also be permitted to terminate these Terms and Conditions in accordance with the termination right contained in clause 3.2(b) and clause 21.

17. ASSIGNMENT AND SUB-CONTRACTING

17.1 The Seller shall not assign, transfer or otherwise deal with any of its rights or obligations under these Terms and Conditions, or sub-contract the performance of any of its
obligations under these Terms and Conditions without the prior written consent of the Buyer.

17.2 The Buyer shall be permitted to assign, transfer or otherwise deal with any of its rights or obligations under these Terms and Conditions without the prior consent of the Seller.

18. LIABILITY

The NEC’s liability under the contract shall be limited to 100% of the Charges.

The NEC shall have no liability to the Seller unless the Seller gives details of claim to NEC within 12 months of it becoming aware of the relevant claim.

The Sellers liability under the contract (except for any indemnities given by the Seller where liability shall be unlimited) shall be limited to two times the amount of the charges payable under the Contract or the upper limit of the Sellers insurance for the relevant liability whichever shall be the greater.

19. EXCLUSIONS OF LIABILITY

19.1 Neither party excludes or limits liability to the other party for:

(a) death or personal injury due to negligence;
(b) fraud; or
(c) breach of the implied terms as to title as set out in section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982.

19.2 Subject always to clause 19.1 above, in no event shall either party be liable to the other for:

(a) loss of profits;
(b) loss of contract;
(c) loss of revenue; or
(d) any special, indirect or consequential loss, costs, damages, charges or expenses.

20. INTELLECTUAL PROPERTY

The Seller shall warrant that it owns or has the rights to all relevant intellectual property. The Seller shall be required to indemnify NEC against any claims that NEC’s use of the Software infringes a third party’s intellectual property rights.

20.1 All Intellectual Property Rights belonging to a party prior to signing of these Terms and Conditions shall remain vested and remain the property of that party.

20.2 The Seller undertakes to defend the Buyer from and against any claim or action that the possession, use, development, modification or maintenance of the Software (or any part
thereof) infringes the Intellectual Property Rights of a third party (“Claim”) and shall fully indemnify and hold harmless the Buyer from and against any losses damages, costs (including
all legal fees) and expenses incurred by or awarded against the Buyer as a result of, or in connection with, any such Claim.

20.3 The Seller shall at all times, whether during or after termination or expiry of these Terms and Conditions, indemnify and keep indemnified the Buyer against all losses, claims,
damages, costs, expenses (including without limitation legal costs) and liabilities of whatsoever nature suffered or incurred by the Buyer in relation to any infringement or alleged
infringement of any Intellectual Property Rights suffered by the Buyer as a result of or in connection with the discharge by the Seller of its obligations under these Terms and Conditions.

21. FORCE MAJEURE

21.1 For the purposes of this clause 21, “Force Majeure Event” shall mean an event which is beyond the reasonable control of the party liable to effect performance and includes strike,
lock-out or labour disputes (excluding, in all cases, by the employees of the party liable to effect performance or its sub- contractors or suppliers), act of God, fire, flood, storm, war,
riot, civil commotion, explosion or malicious damage, and provided that the mere shortage of material, equipment, labour or supplies shall not constitute a Force Majeure Event.

21.2 If either party is delayed from or prevented from complying with its obligations under these Terms and Conditions by a Force Majeure Event, then the requirement to comply with
those obligations shall be suspended for as long as, and to the extent that, performance is delayed or prevented by that event.

21.3 If the suspension continues for more than 30 days either party may terminate these Terms and Conditions upon immediate written notice.

22. LAW

These conditions and the contract and all matters pertaining hereto shall be governed by English Law and the English Courts shall have jurisdiction in relation thereto.

23. INSURANCE

23.1 The Seller shall effect and maintain the following insurances:

(a) public liability insurance with an indemnity of at least £5,000,000 in respect of any one claim or number of claims arising out of any cause.

23.2 The Seller shall forward the policies for these insurances and subsequent renewals of such policies for examination by the Buyer within one week of the Buyer’s request.

23.3 The Seller shall do nothing to invalidate any insurance policy or to prejudice the Buyer’s entitlement under it and shall notify the Buyer if any policy is (or will be) cancelled or
its terms are (or will be) subject to any material change.

24. LICENCE

24.1 The Seller grants to the Buyer a non- exclusive, perpetual licence commencing on the date of these Terms and Conditions to use the Software and Documentation in the manner
specified in the Documentation in object code form for the Buyer’s normal business purposes and in accordance with these Terms and Conditions.

24.2 Other than as reasonably required to install and use the Software and Documentation in accordance with these Terms and Conditions, and in order to maintain a reasonable number
of copies solely for back-up purposes, the Buyer is not permitted to copy the Software or Documentation. The Buyer shall not reverse- engineer, disassemble, decompile, recompile,
merge, adapt or modify any part of the Software or attempt to do so except to the extent permitted by law.

Radio Links Terms and Conditions of Hire

1. Definitions

1.1 These Conditions Means the conditions of hire herein contained
1.2 The Company Means Radio Links/Onsite Communications Ltd
1.3 The Hirer Means the person firm or company who or which has agreed to hire the Equipment from the Company
1.4 The Equipment Means the Equipment specified within the hire agreement with (if any) the accessories and specialist packaging/transportation cases specified therein and any part or parts of the same.
1.5 The Technicians Means the employee(s) agent(s) or subcontractor(s) of the Company (if any) supplied with the Equipment to operate the Equipment stated in the Agreement
1.6 The Agreement Means any hire agreement between the Company and the Hirer that may be defined as an agreement under the terms of English Law

2. Conditions of Agreement

The Agreement is subject to The Company’s standard terms & conditions of hire. Both of which supersede all previous communications representations and agreements whether written or oral and no additions or alterations to these Conditions shall be binding on the Company unless agreed to in writing and signed by a duly authorised officer or employee or agent of the Company. Any terms and conditions proposed by the Hirer shall only apply if the same have been agreed by or on behalf of the Company in accordance with the provisions of this paragraph and in the case of any conflict between such terms and conditions and these Conditions the latter shall prevail. The Agreement and these Conditions shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the English Courts.

3. Conditions of Hire of Equipment and/or Services

3.1 The Company endeavours to ensure that the Equipment is sound and in good order and condition at the time of delivery to or collection by the Hirer but it shall be the responsibility of the Hirer to ensure that the Equipment is fully suitable in all respects (including type and condition) for the purpose for which it is hired.

3.2 Upon delivery or collection the Equipment shall be examined and checked by the Hirer before being taken into use and if found to be defective or deficient will be replaced or defects or deficiencies remedied by the Company without additional charge, but in no circumstances shall the Company be liable for any loss or damage of whatever kind however caused arising out of or in connection with the use or the inability to use the Equipment.

3.3 The Hirer shall use or cause to be used the Equipment in a skillful and proper manner and shall at his own expense keep it in good and substantial repair and condition (save for fair wear and tear) and further shall take all precautions necessary to ensure its safety and security.

3.4 The Hirer will not open the outer case(s) (if any) of the Equipment or of any item or part thereof nor interfere in any way with the Equipment of the mechanism thereof or any nameplates or signs or serial numbers thereon and will not expose the Equipment To environments it is not designed to operate in and will keep the Equipment protected in all respects.

3.5 Unless the same shall have been caused by the willful default or willful misconduct of the Technicians any loss of or damage to the Equipment including loss or damage caused by non familiarisation or misuse of the same is the sole responsibility of the Hirer who will be charged with the cost of repair or full replacement value of the Equipment as the cause may be.

3.6 The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment without written authorisation from the company.

3.7 Without the previous consent of the Company Equipment must not be used on any abnormal or hazardous assignments taken out of the United Kingdom or shipped by air other than on a regular scheduled flight by any airline recognised by IATA unless otherwise agreed by the Company prior to the commencement of the hire. The Hirer shall be solely responsible for obtaining all customs Clearances Licences and Permits as shall be necessary to take the Equipment out of the United Kingdom. If any Equipment taken out of the United Kingdom is lost or is damaged or breaks down and the Company agrees to replace the same the Company’s liability shall only extend to delivery of any replacement at an address in the United Kingdom.

3.8 The Equipment remains at all times the property of the Company and the Hirer shall have no right title or interest therein save that of a hirer thereof under these Conditions. The Hirer shall not sell or offer for sale the Equipment or any part or parts thereof.

3.9 The Company shall not in any circumstances be liable to the Hirer or any third party for any claims in respect of loss of profits special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to property howsoever caused whether arising directly from the hire or use of Equipment by the Hirer.

3.10 The Company reserves the right to subcontract all or any part of the Hirer’s order and to assign or otherwise deal in anyway whatsoever with the Company’s interest in the Equipment and in the Agreement.

3.11 The hirer is responsible for ensuring the equipment is operated under the cover of a suitable licence (Ofcom etc). All radio channels are shared in the United Kingdom and whilst the Company will endeavour to supply equipment on approved frequencies which are not shared in the Hirers’ particular area, they cannot be held responsible when sharing does occur, nor liable for any costs involved where frequency changes may be necessary.

3.12 The Owners reserve the right to substitute equipment of equal utility to that outlined in the Schedule where circumstances deem it necessary and if a replacement hire is requested to be cancelled by the Hirer, due to dissatisfaction in the Equipment received, the Hirer understands and agrees that such a request will have to be reasonable and for a good reason for the Company to accept and no cancellation fee will be charged therein.

4. Instructions

Any order or instruction required to be given to the Company by the Hirer shall be given by them or their duly authorised agent in writing. If given orally it shall be confirmed in writing to the Company within three days. The Company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer not received by the Company in writing or so confirmed. The Hirer shall be solely responsible for any statement representation order instruction guidance or advice made or given by the Hirer to any Technician.

5. Delivery/Collection

5.1 The Equipment shall be delivered and where applicable collected at such time and place as shall be mutually agreed between the Company and the Hirer. If delivered to the Hirer the signature of the person purporting to be any employee of the Hirer shall be sufficient evidence of delivery. The Company shall use its best endeavors to comply with any time schedules but will accept no liability for non-delivery of Equipment by a specific time or date or within a specified time from receipt of order. The Company shall not be liable for delays due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of Government labour disputes and delays in transport.

5.2 Unless otherwise agreed in writing between the Company and the Hirer it shall be the responsibility of the Hirer to return the Equipment to the Company on the termination date of the hire. If the Company agrees to collect the Equipment on the termination date of the hire the Hirer shall remain fully responsible for the packing, safety protection repair and condition (subject to aforesaid) of the Equipment until it is in the possession of the Company.

5.3 The Hirer shall pay all delivery and where applicable collection charges.

6. Payment

6.1 During the continuance of the Agreement the Hirer shall pay to the Company by way of rent for the hire of the equipment at the rate shown in the Company’s price lists current from time to time or such other hire charges as may have been agreed in writing between the Company and Hirer. For the avoidance of any doubt the Hirers shall be liable for payment of Hire Charges as from the time for which the Equipment is ordered (which shall be the commencement of the hire period) until either (i) the time of its return to the Company or (ii) if the Equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such case the time of its replacement or repair and the Company undertakes to replace or repair the same as soon as reasonably possible. A 7day period or any part thereof constitutes one week’s hire.

6.2 The Hirer shall pay Value Added Tax at the rate current from time to time on and in addition to all charges due to be paid by the Hirer to the Company under the terms and conditions of the Agreement.

6.3 All remaining hire and other charges not paid by the termination date of the agreement are net and unless otherwise agreed between the Company and the Hirer shall be due and payable within 30 days on the invoice date.

6.4 The Company reserves the right to ask for a deposit to be paid in advance when no trading history has been accrued with the Hirer. This deposit will constitute 50% of the total Hire charge.

6.5 All hires will be individually invoiced and long-term hires will be invoiced on a monthly basis. All invoices will be subject to the Company’s standard payment terms.

7. Insurance

7.1 The Hirer will ensure that throughout the term of the Agreement the Equipment (including any replacement equipment provided during the term of the Agreement) is insured with an insurance company of good repute or with Lloyds underwriters against loss or damage from all risks. The Hirer shall ensure the insurer is notified the Equipment is on hire from the Company and request the insurers to endorse a note of such interest on the Policy of insurance naming the Company as loss payee and shall not use or allow the Equipment to be used for any purpose not permitted by the terms of the policy of insurance or do or allow to be done anything or act whereby the insurance may be invalidated. The Hirer shall indemnify the Company against all loss or damage to the Equipment not recoverable under the policy of insurance.

7.2. If any Equipment is declared a total loss, the hire thereof shall terminate. In such event the Company shall apply any proceeds or insurance received by it at its option:

7.2.1 towards a replacement of equivalent value which replacement shall be deemed to be included in this agreement for all purposes and the Hirer shall continue to be liable to the rental as if such loss had not taken place, or

7.2.2 in or towards payment to the Company the sum necessary to compensate the Company for the loss suffered as a result of the loss of that Equipment.

7.3 The Company shall have the right itself to repair or have repaired any Equipment which suffers damage. If the Company does not choose to do so the Hirer shall be liable to reinstate or repair at its own expense any of the Equipment which has not become a total loss. The Company reserves the right, in the case of any damage to the Equipment to invoice the Hirer Rental in respect of such Equipment during reinstatement or repair whether by the Company or the Hirer.

7.4 The Hirer will be liable to pay to the Company any amount deducted by the Insurers by way of excess or in respect of damage caused to the Equipment prior to the date of total loss and (subject to the application of insurance proceeds under clause 7.2.2 above) shall indemnify the Company against all and any direct loss suffered by the total loss of all or any part of the Equipment.

7.5 For insurance valuation purposes all equipment will be charged to the hirer at the rate offered to the Hirer in the Company’s price lists current from time to time or such other prices as may have been agreed in writing between the Company and Hirer.

8. Extension of hire

The Company will always endeavour to accommodate the extension of a hire. However, in exceptional circumstances the Company reserves the right to call back any equipment (in part or in full) on its due off hire date (or an agreed date after the original off hire date). If the hirer fails to return equipment requested by the Company under this clause the Company reserves the right to impose a surcharge reflecting the loss of earnings from subsequent hires requiring the equipment retained by the Hirer.

9. Cancellation

Without prejudice to any other right or remedy available to the Company in the event of the cancellation of an order by the Hirer the Company reserves the right to make a cancellation charge as follows:

Notice Given of Cancellation:    Less than 48 hours     100% of Total Hire Charge
2 – 6 days                     50% of Total Hire Charge
7 days or more             NIL

10. Termination

10.1 The weekly rate charged is relevant to the period of hire. If a hire is foreshortened the rate due will be amended in line with the rate shown in the Company’s price lists current from time to time or such other hire charges as may have been agreed in writing between the Company and Hirer.

10.2 The termination of the Agreement and the hire thereby created for any reason whatsoever shall not affect any other right or remedy of the company against the Hirer without prejudice to the generality thereof shall not affect the right of the Company to recover from the Hirer any hire charges and other monies due to the Company at the date of such determination and shall not affect the Company’s right to recover damages from the Hirer in respect of any breach of these Conditions.

10.3 The Agreement may be determined as terminated by the Company forthwith by written notice given by the Company to the Hirer to that effect on the happening of any of the following events namely if the Hirer fails to pay any charges hereunder within seven days of the same having become due (whether demanded or not) or fails to observe or perform any other of these Conditions or if the Hirer commits any act of bankruptcy or being a company which goes into liquidation or has a Receiver appointed in respect of the whole or any part of its undertaking or assets or is subject to a Receiving Order or makes any arrangement with or assignment for the benefit of the Hirer’s creditors or if distress is levied or threatened on any of the Hirer’s property or if the Hirer abandons the Equipment.

Insurance Guidance

Insurance of all equipment is the responsibility of the Hirer.
Under the terms of your Contract of Hire, insurance covering the equipment for its full replacement value must be effective from the day you take delivery and whilst the equipment is in your possession.

For your guidance we list below conditions which would apply in all cases where insurance of radio equipment is required.

A. It is a firm condition of insurance cover that all due care is taken of the equipment whilst it is in your possession. Loss of any item deemed as negligence on the part of the hirer or their servants could invalidate the insurance cover.

Detailed conditions of A. are as follows:

1. Accurate records shall be maintained of all personnel issued with equipment, details of which shall be produced for all insurance claims.
2. When not in use, storage of equipment must be in a SECURE PLACE UNDER LOCK AND KEY or under the supervision of security personnel.
3. Missing items must be reported to Radio Links Communications within 12 hours of loss and written confirmation given within 7 days.
4. All losses must be reported to the Police; details of the investigating officer, together with the station details must be given for insurance verification.
5. Where carriers are used for returning equipment, a consignment note detailing contents must be returned with the equipment, a copy of which must be retained and produced if required as proof of dispatch.
6. Where carriers are used for return, please follow instructions in the Customer Information guidance sheet. All equipment should be packed and sealed in the crate provided and secured with the cable ties.
7. Ensure that all equipment is fully covered by full replacement, all risks insurance, the total equipment value to be covered is shown on the contract. Not withstanding throughout the Hire Period, the Equipment and the Additional Equipment shall be at the risk of the Hirer and the Hirer shall be liable for any loss, theft, non-return or destruction of (charged at Radio Links replacement cost) or damage to the Equipment and Additional Equipment howsoever caused during the hire period.

Important Notice

Overdue Returns
Due to the extra work involved in processing items returned after the due collection date a handling charge of £10.00 per consignment will be deducted against any credit due.

Credit Notes
Should it be necessary to issue a credit note against items eventually returned a handling charge of £15.00 per credit note will apply and be deducted from any sums due.

Credit Remittance
Please note in cases where the invoiced value of non-returned items is less than the total handling charges no refunds will be made.