thx smart hire – t&cS
1.Except as otherwise amended by these terms and conditions (“Smart Hire Conditions”), the THX Standard Terms and Conditions of Hire and Sale, as amended from time to time (“Standard Conditions”) shall apply to all orders placed and binding Contracts entered into for hire of Equipment under a Smart Hire agreement. Any defined terms used in these Smart Hire Conditions shall have the same meanings provided in the Standard Conditions.
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2. Please contact one of our Sales team here: https://thxuk.com/contact-us/ to enquire regarding a Smart Hire agreement.
3. On the relevant Contract for hire of Equipment, the initial term of the Smart Hire (being 12 months, 24 months or 36 months) will be set out.
4. Once signed and completed by both parties, the Smart Hire Contract shall be binding and last for the duration of the initial Smart Hire term specified in the Contract. At the end of the initial term, the Contract shall automatically extend for another 12 month period (and at the end of each subsequent extended term) on the same terms and at the same price, unless either party serves a notice to terminate to the other party at least one month prior to the end date of the initial term or the relevant subsequent extended term.
5. In the event that a Hirer wishes to cancel during the initial term or any subsequent extended term, this shall be at the Owner’s sole discretion and the Owner shall be entitled to charge the Hirer the difference in price between the preferential rates provided under the Smart Hire Contract in relation to the Equipment hired and the Owner’s standard pricing for the same Equipment hired on a non-Smart Hire arrangement.
6. Notwithstanding the Standard Terms and Conditions, the Owner shall be entitled at any time without liability to terminate a Smart Hire Contract on providing three months’ prior written notice to the Hirer.
7. Each order is only binding and becomes an individual Contract when confirmed by the Owner following the issue of an Order Confirmation in accordance with clause 2.2 of the Standard Conditions.
8. The prices for Equipment hired under a Smart Hire Contract shall be set out in the relevant Contract.
9. The prices set out in the Smart Hire Contract shall apply for the duration of the initial term and any subsequent extended term, unless otherwise agreed in writing.
10. The cost of the THX Protect Damage Waiver is included in each Contract entered into under a Smart Hire Contract and clause 14 of the Standard Conditions shall apply.
11. Repair of defective Equipment and replacements are included in Smart Hire Contracts in accordance with the Standard Conditions.
12. Without prejudice to the Standard Conditions, the Owner may from time to time carry out any planned maintenance or servicing of the hired Equipment as the Owner may deem necessary. Notwithstanding this, the Hirer shall remain fully responsible for complying with their obligations in relation to maintenance and operation of the Equipment in accordance with the Standard Conditions.
13. These Smart Hire Conditions may be amended by the Owner from time to time in accordance with clause 25.4 of the Standard Conditions.