EQUIPMENT HIRE TERMS AND CONDITIONSBACKGROUNDThese Terms and Conditions shall apply:A. to the hire of all equipment (“ the Equipment ”) from iRed Ltd, a Private Limited Company registered inEngland under number 04260219, whose registered and main trading address is Unit 6 The Old Flour Mill,Queen Street, Emsworth. PO10 7BT. (“ the Company ”)B. where the “ Customer ” is hiring the Equipment for the purposes of a Business and not as a “ Consumer ”, as
defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have
the following meanings:
“Business” means any business, trade, craft, or profession carried on by the Customer
or any other person/organisation;
means a Consumer as defined by the Consumer Rights Act 2015, that is to
say an individual who hires the Equipment for his/her personal use and for
purposes wholly or mainly outside the purposes of any Business;
means the customer who is hiring the Equipment subject to these Terms
and Conditions (as that meaning is extended by sub-Clauses 1.2.6 and 1.3
“Deposit” means the sum payable by the Customer under Clause 3 of these Terms
and Conditions and as set out in the Hire Agreement;
means the tools or equipment supplied on hire by the Company to the
Customer subject to these Terms and Conditions, including but not limited
to Drones, Cameras, Remote Sensing Systems and Software;
means any cause that is beyond the reasonable control of the Party in
question including, but not limited to: power failure; internet service
provider failure; strikes, lock-outs or other industrial action suffered by the
Party or its suppliers or contractors; civil unrest; fire; explosion; flood;
storms; earthquakes; subsidence; acts of terrorism (threatened or actual);
acts of war; governmental action; epidemic or other natural disaster;
“Premises” means the Company’s premises from which the Customer will collect the
Equipment and to which it will return it in accordance with Clause 5;
“Price List” means the Company’s price list, current at the time of the start of the Hire
“Hire” means the hire of the Equipment by the Customer subject to these Terms
means the agreement in writing comprising the iRed Equipment Hire Order
Form entered into by the Customer and the Company incorporating these
Terms and Conditions which shall govern the Hire of the Equipment; and
“Hire Fees” means the VAT inclusive sum payable by the Customer for the Hire as
determined under Clause 5 of these Terms and Conditions.
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1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any similar expression, includes a reference to any communication affected by
electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or
re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the
Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than
the Schedules) or a paragraph of the relevant Schedule; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.2.6 As the context permits or requires, “ Customer ” includes any individual(s) nominated by
Customer to hire and use the Equipment on behalf the Customer, and the Customer shall be
liable for any breach by that individual of any Customer obligations under these Terms and
1.3 An individual signing the Hire Agreement (“signatory”) on behalf of a Customer hereby represents and
warrants that the signatory has the authority of that Customer to do so, and the Company will rely on
that representation and warranty. If the signatory does not have such authority, the signatory shall
instead be deemed to be the Customer and personally liable as if s/he had signed the Hire Agreement
as the Customer.
1.4 The headings used in these Terms and Conditions are for convenience only and shall have no effect
upon the interpretation of these Terms and Conditions.
1.5 Words imparting the singular number shall include the plural and vice versa.
1.6 References to any gender shall include the other gender.
2. Hire Term
2.1 The agreed Hire term will be set out in the Hire Agreement.
2.2 If the Customer wishes to extend the Hire term they may do so at any time prior to the end of the Hire
term. The Customer must contact the Company to arrange such an extension. Extensions may be
made for up to 30 days, subject always to the existence of prior reservations made by other
customers. The Company shall use all reasonable endeavours to satisfy requests for extensions but
cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing
2.3 The Company reserves the right to recall the Equipment immediately at any time. In the event that the
Company exercises this right the Customer will be reimbursed for any and all days/weeks/months
remaining in the Hire term or will be issued immediately with replacement Equipment of the same type
or of the closest type thereto at no additional cost. If the Equipment is not returned to the Company on
request the Customer shall be deemed to have authorised the Company to enter its premises and use
any means necessary to recover the Equipment. The Customer shall be charged for any costs
associated with such recovery.
3.1 The Customer may be required to pay a refundable Deposit to the Company at the commencement of
the Hire term, prior to delivery of the Equipment. The sum of the Deposit shall be set out in the Hire
3.2 At the end of the Hire term the Company shall fully inspect the Equipment upon its return by the
Customer. If the Equipment requires routine cleaning or maintenance which is the result of normal
wear and tear the Customer will receive the Deposit back in full. In the event that additional cleaning
or maintenance is required the Company shall retain the Deposit in full or in part as appropriate and
shall provide the reasons for such retention to the Customer in writing, including all relevant
calculations and pricing information.
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4. Prices, Fees and Payment
4.1 The Company reserves the right to amend the prices at any time and without prior notice
4.2 The Hire Fees will be determined by reference to the length of the Hire term, the type and quantity of
Equipment, the Price List and any additional items which may be included in the Hire, as set out in the
4.3 Payment shall be made as set out in the Hire Agreement by bank transfer, direct debit, credit or debit
4.4 Unless otherwise stated, all fees and charges are exclusive of any applicable VAT.
4.5 If a customer fails to make any payment in full on the due date, the company may charge the
customer interest on the amount unpaid at the rate implied by law (Late Payment Act of Commercial
Debts (Interest) Act 1998, as amended Feb 2018) or at a rate of 5% above Bank of England base
rate, whichever is the higher.
5. Collection, Hire and Return
5.1 The Customer may collect the Equipment from the Premises at the start of the Hire term. The
Customer may only collect the Equipment, or it will be dispatched, once all payments required under
Clause 4 have been made and any insurance requirements set out in Clause 8 have been complied
5.2 The Company shall use all reasonable endeavours to ensure that the Equipment is ready for
collection or dispatch at the start of the Hire term.
5.3 In the event that the Company is unable to provide the Equipment at the start of the Hire term the
Company shall deliver the Equipment to the Customer at the earliest possible date at the expense of
the Company. The total Hire Fees payable by the Customer shall be adjusted accordingly to reflect
the non-availability of the Equipment.
5.4 For Equipment that is to be delivered to the Customer, the Company will arrange for a fully insured
courier to collect the equipment on the day prior to hirer commencement. Normally the equipment
should be delivered by 10:30hrs on the following working day , within the UK mainland. Some
destinations may require additional delivery time and cost, which will be stated prior to the Hire.
5.5 At the end of the Hire term, on the agreed date the Customer shall return the Equipment to the
Premises, or have arranged collection by the Company’s courier on the last day of the hire period.
5.6 If the Customer is late in returning the Equipment by more than 1 day the Company shall charge the
Customer for an additional day’s hire at the normal daily rate for that Equipment. The Hire term will be
extended by one day. The provisions of this sub-Clause 5.5 shall continue to apply daily until the
Equipment is returned.
6. Loss or Damage to Equipment
6.1 The Customer shall be responsible for the safekeeping of the equipment throughout the hire period
and shall be liable to the company for all loss of or damage to the equipment howsoever caused.
6.2 The Customer shall notify the company of any loss or damage to any equipment on hire immediately
of such loss or damage being sustained.
6.3 In the event that the equipment is lost, stolen or returned damaged, 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
6.4 If any equipment is not returned for any reason, or is damaged on return, for the avoidance of doubt
the equipment will be charged for at the replacement value along with a surcharge of an additional
days hire to cover admin costs and the time this equipment is not available for rehire. If equipment has
to be sent for repair the item or items will be shipped to the manufacturer for repair and remain on hire
until the equipment can be returned repaired.
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7. Use and Care of the Equipment
7.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
7.2 All Equipment must be used in accordance with any and all operation/safety instructions or similar
7.3 Certain items of Equipment may require specialist training, qualification and/or legal permissions prior
to use. The Customer must ensure that such training, qualification and/or legal permissions is in force
for those under its authority that will use the Equipment during the Hire term.
7.4 The Customer may not make any alterations or adjustments to the Equipment beyond those that are
already possible within the range of adjustments specific to a given item.
7.5 The Customer may only affix or connect other items to the Equipment where such affixation does not
exceed the design limitations of the Equipment and is not likely to damage it in any way.
7.6 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure
that it is kept clean, subject always to reasonable levels of wear and tear.
7.7 All Equipment which uses consumables such as batteries, fuel cells or storage cards of whatever
nature must only be used with official consumables (that is, those produced or recommended by the
manufacturer) or such other products as provided by, or authorised by, the Company.
7.8 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
7.9 LiPo batteries must be carefully handled, used and charged/discharged in accordance with
manufacturer instructions. They will be tested prior to delivery and checked again on return from hire.
Any damage or evidence of incorrect use will result in the Customer being charged for replacements.
7.10 The Equipment shall be kept and operated in a suitable environment, and the Customer will obtain the
Company’s prior written consent if the Equipment or any part thereof will be removed from the UK or
used in a hazardous environment. For the avoidance of doubt, the Customer shall in no
circumstances take the Equipment to a country at the time of the Hire Period advised by the Foreign
Office as being not suitable for any travel or any non-essential travel (as published on the Foreign
Travel advice website.)
8.1 The Company shall maintain the Equipment to the standards specified by the relevant manufacturers.
Only official parts (that is, those produced or recommended by the manufacturer of that particular
piece of Equipment) shall be used for maintenance and repair work. All Equipment will be fully
inspected, cleaned and (where necessary) maintained prior to each Hire.
8.2 The Customer shall not attempt to make any repairs to the Equipment without the prior written
consent of the Company. When the Company is contacted in this regard it shall have the option of
replacing the Equipment, repairing the Equipment itself or granting the Customer permission to make
the necessary repairs. The cost of such replacement or repairs shall be borne by either the Company
or the Customer, the responsibility being determined by the reasons for the replacement or repairs.
8.3 If parts require replacement during the Hire term the Company shall have the option of supplying such
parts to the Customer or supplying replacement Equipment or a suitable substitute (that is, Equipment
capable of performing the same tasks as that which it replaces).
8.4 Any parts and / or substitutes provided under sub-Clause 8.3 shall be replaced free of charge by the
Company provided that such replacement is necessitated by nothing more than normal wear and tear.
Additional damage may result in the Customer being charged for the cost of replacement parts,
associated labour, and / or the cost of providing substitute Equipment.
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9. Risk, Title and Insurance
9.1 The risk of loss, theft or damage to the Equipment shall pass to the Customer upon the Customer
taking possession of the Equipment and shall remain the Client’s sole risk during the Hire Period and
any further term during which the Equipment is in the Client’s possession.
9.2 Notwithstanding delivery and the passing of risk, all equipment supplied shall remain the property of
the Company. The Customer has no right, title or interest in the hire Equipment except that they are
hired to the Customer.
9.3 It is the Customer’s responsibility to ensure the hired equipment is fully insured for the duration of the
9.4 The Customer 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
9.5 The Customer’s 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 6.4 above). Particulars of replacement
values, repair costs and daily rates for continuing hire will be supplied by the Company on request as
10.1 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.
11.1 The Company will not be liable to the Customer for any failure or delay in performing the Company’s
obligations where such failure or delay results from Force Majeure;
11.2 The Company shall not be liable in contract or tort (including negligence) by reason of any breach by it
of any term of these Terms and Conditions or other express term of the Hire Agreement, or breach by
the Company of any implied warranty, condition or other term, or any negligent or innocent
misrepresentation, or any negligence or other duty at common law, for any:
10.2.1 loss of use or unavailability of any Equipment;
10.2.2 interruption to business;
10.2.3 loss of income, revenue, business;
10.2.4 loss of business opportunity;
10.2.5 loss of profit or contracts;
10.2.6 loss of anticipated savings; or
10.2.7 any indirect, special or consequential loss, damage, costs, expenses or other claims;
arising from any act or omission by the Company or any of its agents or employees or sub-contractors or any
other person or entity in connection with the performance of the Company’s obligations arising under
these Terms and Conditions and the Hire Agreement.
11.3 The Company will not be liable for any personal injury or damage to property which results from the
improper use of the Equipment.
11.4 Nothing in these Terms and Conditions is intended to or will exclude or limit the Company’s liability for
death or personal injury caused by its negligence (including that of its employees, agents or
sub-contractors) or for fraud or fraudulent misrepresentation.
11.5 Without prejudice to any of the above provisions of this Clause 9, the Company’s total liability under
these Terms and Conditions shall be limited to the value of the Hire Agreement, that is, the total Hire
Fees payable by the Customer.
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12. Data Protection
11.1 All personal information that the Company may use will be collected, processed, and held in
accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation
(“GDPR”) and the Customer’s rights under the GDPR.
11.2 For complete details of the Company’s collection, processing, storage, and retention of personal data
including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases
for using it, details of the Customer’s rights and how to exercise them, and personal data sharing
(where applicable), please refer to the Company’s Privacy Notice available from www.ired.co.uk.
13.1 Where the Customer is an individual, the Company shall be entitled to terminate the Hire Agreement
in the event that:
13.1.1 the Customer is in breach of these Terms and Conditions;
13.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or
13.1.3 the Customer has a receiving order made against them.
13.2 Where the Customer is a company, the Company shall be entitled to terminate the Hire Agreement in
the event that:
13.2.1 the Customer is in breach of these Terms and Conditions;
13.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the
purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed
in respect of the whole or any part of its assets.
13.3 In the event of termination for any of the above reasons:
13.3.1 all payments required under the Hire Agreement shall become due and immediately payable;
13.3.2 the Company shall have the immediate right to request the immediate return of the Equipment
or repossess the Equipment and may charge the Customer for any reasonable costs involved
in such repossession.
14. Communications, Complaints and Feedback
14.1 The Company always welcomes feedback from its customers and, whilst the Company always uses
all reasonable endeavours to ensure that its customers’ experience is a positive one, the Company
nevertheless welcomes the opportunity to resolve any complaints.
14.2 All complaints are handled in accordance with the Company’s complaints handling policy and
procedure, available from www.ired.co.uk.
14.3 If the Customer wishes to complain about any aspect of its dealings with the Company, including, but
not limited to, these Terms and Conditions, the Hire Agreement, or the Equipment, please contact the
Company in one of the following ways:
14.3.1 In writing, addressed to The Operations Director, iRed Ltd, Unit 6 The Old Flour Mill, Queen
Street, Emsworth. PO10 7BT;
14.3.2 By email, addressed to [email protected];
14.3.3 Using the Company’s complaints form, following the instructions included with the form;
14.3.4 By contacting the Company by telephone on 01243 370296.
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15. Entire Agreement
15.1 The documents comprising the Hire Agreement, these Terms and Conditions and any other
documents expressly incorporated into the Hire Agreement, contain the entire agreement between the
Parties with respect to its subject matter and may not be modified except by an instrument in writing
signed by the duly authorised representatives of the Parties.
15.2 Each Party acknowledges that, in entering into the Hire Agreement, neither Party gives any warranty
or relies on any representation, warranty or other provision except as expressly provided in the
documents comprising the Hire Agreement.
16. Other Important Terms
16.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and
under the Hire Agreement, as applicable) to a third party (this may happen, for example, if the
Company sells its business). If this occurs the Customer will be informed by the Company. The
Customer’s rights under these Terms and Conditions will not be affected and the Company’s
obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 The Customer may not transfer (assign) their obligations and rights under these Terms and
Conditions (and under the Hire Agreement, as applicable) without the Company’s express written
16.3 The Hire Agreement is between the Customer and the Company. It is not intended to benefit any
other person or third party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise
unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from
the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be
valid and enforceable.
16.5 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions
means that it has waived that right, and no waiver by the Company of a breach of any provision of
these Terms and Conditions means that it will waive any subsequent breach of the same or any other
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions, the Hire Agreement, and the relationship between the Customer and
the Company (whether contractual or otherwise) shall be governed by, and construed in accordance
with English law.
17.2 Any dispute, controversy, proceedings or claim between the Customer and the Company relating to
these Terms and Conditions, the Hire Agreement, or the relationship between the Customer and the
Company (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the