Down To Earth EMF Services is the brand name used by Capricorn Technical Services Limited for EMF (Electromagnetic Field) surveying and EMF meter hire.
Capricorn Technical Services Limited is a Private Limited Company registered in England and Wales, Company Number; 9678780, registered office address at 19b Front Street, Sacriston, County Durham, DH7 6JS.
1. DEFINITIONS AND LAW
1.1 The 'Company' shall be deemed to refer to 'Capricorn Technical Services Limited'.
1.2 The 'Customer' is the individual, corporate or public body hiring equipment belonging to, or purchasing services provided by, the Company.
1.3 The 'Agreement' is any contract which is entered into between the Company and the Customer. Any person purporting to act on behalf of the Customer shall be bound by the Agreement.
1.4 'Equipment' shall mean EMF meters/detectors and related accessories which are hired by the Customer.
1.5 'Hire Period' shall mean the total period of time during which the Customer has the Equipment (excluding time of the Equipment in transit), with the 'End Date' being the date by which the Equipment must be returned by the Customer to the Company, and the Start Date being the commencement of the Hire Period.
1.6 'Hire Charges' shall mean the fees payable by the Customer in relation to the hire of Equipment from the Company.
1.7 'Security Deposit' shall mean monies that are paid by the Customer and held by the Company, in lieu of the safe return of the Equipment, in full working order.
1.8 'Consequential loss' shall mean loss of profits, contracts, or other consequential loss or damages whatsoever.
1.9 The 'Agreement' between the Company and the Customer for the purchase of services, or the hire of equipment, shall be interpreted and applied in accordance with English Law, and the parties to this Agreement agree to submit to the exclusive jurisdiction of English courts.
2. CONDITIONS OF HIRE OF EQUIPMENT
2.1 Any Equipment hired to the Customer shall remain the property of the Company.
2.2 The Hire Period commences upon delivery of the Equipment to the Customer and ceases upon the return of the Equipment to the Company. Hire Charges are based upon the Hire Period, irrespective of whether or not the Equipment is in use.
2.3 Equipment is hired entirely at the Customer's risk during the Hire Period and the Customer is responsible for any loss or damage thereto, howsoever arising.
2.4 The Customer undertakes to ensure that the Company's Equipment shall not be used for any purpose beyond its capability, or in any manner likely to result in undue deterioration of the Equipment.
2.5 The Company is not responsible for any personal injuries or damage to property consequential to and arising from any improper use of the Equipment by the Customer or by any other person, whether or not authorised by the Customer during the period of hire.
2.6 The Customer will be responsible for advising the Company as to the location of the Equipment during the Hire Period, and of any changes in such location. No Equipment hired by the Company may be taken outside the Mainland of Great Britain, either to any off-shore island or to any foreign country without the written consent of the Company.
2.7 It is an express condition of the hire that the Customer shall not offer for hire to any third party or parties any Equipment which is the property of the Company, without the written consent of the Company.
2.8 The Company provides spare batteries with Equipment where appropriate. These, and any batteries that they replace, must be returned with the Equipment.
3. SECURITY DEPOSIT
3.1 The Customer is required to leave a Security Deposit with the Company prior to the commencement of the Hire Period. The Company reserves the right to deduct the full replacement value or repair cost from the Security Deposit in respect of any loss or damage to the Equipment, howsoever arising, before returning the remaining Security Deposit balance (if any) to the Customer. The Company reserves the right to withhold the Security Deposit until the cost of replacement or repair has been established. The Customer will be notified in writing as to the current replacement value or repair cost of any loss or damage to the Equipment. If the replacement value or repair cost exceeds the amount of the Security Deposit, then the Customer is liable for the remaining amount.
3.2 Equipment will be hired to the Customer in good working order, and in a clean and serviceable condition. Equipment must be returned to the Company in the same order or condition, or additional charges will be made, and these may be deducted from the Security Deposit.
3.3 Equipment must be returned by the End Date specified in the Agreement. Additional charges accrue at the full weekly Hire Charge, or part thereof, together with Consequential Loss in the event of the breach of these conditions, or the Equipment not being available for use by other Customers. Additional charges may be deducted from the Security Deposit.
It is strongly recommended that the Customer arranges 'all risks' insurance cover for the full replacement value of the Equipment, or ensures that such insurance is already in place, for the duration of the Hire Period.
The Company will dispatch the Equipment to the Customer using Royal Mail Special Delivery. On receipt of the Equipment, the Customer must not sign any courier documentation or electronic device confirming delivery until the packaging and the Equipment within has been inspected for any obvious signs of damage or defect. If any are found, the Customer must report the fact on the courier documentation or electronic device. The Customer must take photographic evidence and notify the Company immediately. At the end of the Hire Period, the Customer must return the Equipment using Royal Mail Special Delivery.