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GráFón Terms & Conditions

EQUIPMENT HIRE

1.1 GráFón shall hire to the Client the audio guestbook phone (the Phone) as more specifically detailed in the schedule to which these terms are attached (Schedule) in accordance with the dates set out in the Schedule (Hire Period) or on such other dates as may be agreed in writing between the parties.

PAYMENT AND BILLING

2.1 The cost of the hire of the Phone will be €340.00, plus a €100.00 deposit (the Deposit) and shall hereafter be referred to as the Price. It is agreed and acknowledged that the Cost is non negotiable.

2.2 The Deposit will be returned to the Client within 7 Days following the return of the Phone, provided that the Phone is not damaged. In the event that the Phone is not returned on time, or is damaged, the Deposit will not be returned.

2.3 Subject to GráFón’s and the Client's agreement, the Client shall pay GráFón the Price by PayPal (which GráFón shall email to the Client). For the avoidance of doubt, in no circumstances shall GráFón accept payment by cash. The time of payment shall be of the essence, and GráFón will only hold a date for 4 weeks without deposit. The payment must be made in full 2 weeks prior to the Hire Period
2.4 All sums payable hereunder shall be exclusive of any Value Added Tax (VAT) payable thereon. GráFón will submit VAT invoices to the Client for payment of any sums due.

2.5 Payments to GráFón under this Agreement shall be made in full without any deduction, discount, set off or abatement unless required by law.

CHANGES & CANCELLATIONS

3.1 In the event that this Agreement is cancelled or otherwise terminated by the Client within 24 hours prior to commencement of the Hire Period, GráFón will not provide any refund of the Price.

3.2 If the Client cancels or otherwise terminates this Agreement after commencement of the Hire Period, any sums already paid to GráFón prior to the date of cancellation or termination shall be non-refundable and any sums due to be paid to GráFón under the Payment Schedule prior to the time of such cancellation shall be immediately paid and the Client shall further be required to pay to GráFón (to the extent not already paid) any verifiable costs incurred by GráFón in connection with the hire of the Equipment, and may incur a surcharge at GráFón’s sole discretion.

DELIVERY

4.1 On the Client's physical receipt of the Equipment, the Client shall have a period of up to 24 hours (Rejection Period) in which to inform GráFón that the Phone does not conform to the technical specifications set out in the Schedule or otherwise in this Agreement. In the event that GráFón are unable to remedy such defect, the Client shall be entitled to reject the Phone. Any rejection of the Phone must be set out by the Client in a written notice to GráFón (Rejection Notice) stating the reasons why the Equipment does not conform to the requirements of this Agreement. If GráFón does not receive any notice of a defect within the Rejection Period, the Client shall be deemed to have accepted the Phone.

4.2 On receipt of a Rejection Notice, GráFón shall either dispute the Rejection Notice in accordance with clause 5.4 below or shall use its reasonable efforts to repair and/or replace, free of charge, the Phone, as reasonably necessary, to ensure that the Equipment conforms to the requirements of the Rejection Notice and redeliver the Phone to the Client. Thereafter, the provisions of this clause 5 shall apply to such redelivered Phone.

4.3 GráFón shall be entitled to dispute any Rejection Notice upon its receipt of the same by providing the Client with the following (each a Rejection Reply):-
4.3.1 evidence that the Phone does in fact conform to the requirements of this Agreement; or 4.3.2 evidence that any defect in the Phone was caused by the Client incorrectly
operating the Phone or the Client attempting to remedy any default in the Phone
itself.

GRÁFÓN’S WARRANTIES

5.1 GráFón hereby warrants and undertakes to and with the Client that:
5.1.1 the Phone shall be of satisfactory quality and fit for any purpose held out by the Client; 5.1.2 the Client has not entered into and shall not enter into any agreement which will or might conflict with the terms of this Agreement.

CLIENT'S WARRANTIES AND INDEMNITY

6.1 The Client warrants to GráFón that:
6.1.1 the Phone shall be kept and operated in a suitable environment, and the Client will obtain GráFón’s prior written consent if the Phone or any part thereof will be
removed from Ireland or used in a hazardous environment.
6.1.2 the Phone shall be used only for the purposes for which the Phone is designed and shall only be operated in a proper manner in accordance with any operating and safety instructions provided by GráFón;
6.1.3 the Client shall maintain at its own expense the Phone in good and substantial repair in order to keep it in as good an operating condition as it was on the commencement of the Hire Period (fair wear and tear only excepted) and shall reimburse GráFón for the replacement of worn, damaged and lost parts, and the Client shall inform GráFón as soon as the Client is aware of any damage to the Phone or of the Phone not functioning properly. For the avoidance of doubt, the Client shall not replace or repair the Phone itself and GráFón reserves the right to charge a penalty in the event that any such attempt to repair or replace the Phone is made by the Client;

6.1.4 the Client shall at all times keep the Phone in the Client's possession or control and shall keep GráFón informed of its location and the Client shall not at any time leave the Phone unattended in vehicles, including taxis (unless such vehicle is a licensed and insured courier), public place or unsecured building;

6.1.5 the Client shall return the Phone to the Collection Point at the end of the Hire Period to GráFón before 10:30am on the first business day following the Hire Period unless otherwise
agreed by GráFón in writing. GráFón reserves the right to charge the Client for each additional day beyond the Hire Period for which the Phone is late in being returned. Furthermore, the delivery and return of Phone to and from the Collection Point
before 9.00am and after 6.00pm must be agreed in advance in writing by GráFón and may incur a surcharge.

6.2 The Client shall indemnify GráFón, its directors, employees, contractors and agents against any and all liability, costs, expenses, claims and demands of any nature whatsoever, arising out of or in connection with any breach by the Client of any warranties, representations or agreements set out herein or otherwise in relation to the hire of the Phone, save where caused directly and solely due to the negligence or wilful default of GráFón

TITLE, RISK, LIABILITY AND INSURANCE

7.1 The Phone shall at all times remain the property of GráFón and the Client shall have no right, title or interest in or to the Phone (save the right to possession and use of the Phone subject to the terms of this Agreement).

7.2 The risk of loss, theft or damage to the Phone shall pass to the Client on the Client taking possession of the Phone and shall remain the Client's sole risk during the Hire Period and any further term during which the Phone is in the Client's possession.

7.3 GráFón shall not be liable to the Client for:
7.3.1 any loss or damage to the Client's property or for any loss, personal injury or death suffered by the Client or its employees or agents other than that caused by the wilful negligence of GráFón; nor
7.3.2 any loss, damage or costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill;

7.4 The aggregate liability of GráFón in respect of any loss suffered by the Client as a result of GráFón’s negligence or failure to comply with the terms of this Agreement shall be no greater that a sum equal to that part of the Price that has been paid to GráFón at the applicable time, save in the case of death or personal injury due to GráFón’s negligence or for any losses suffered in consequence of GráFón’s fraud.

7.5 GráFón shall not be held in any way responsible for any failure to fulfil its obligations
under this Agreement if such failure has been caused (directly or indirectly) by circumstances beyond its control. This shall include (but is not limited to) accident or equipment failure, war, riot, industrial action or act of terrorism.

7.6 The Client shall during the Hire Period, at its own expense, obtain and maintain (i) insurance of the Equipment, which insurance shall be of a value no less than the full value of replacing the Equipment, and which insurance shall include cover for all loss or damage thereto, and (ii) insurance to cover any loss of hire incurred by GráFón for a minimum of 8 weeks (together, the Insurance Policies).

TERMINATION

8.1 GráFón shall be entitled to terminate this Agreement by written notice to the Client on the occurrence of any of the following events:
8.1.1 failure by the Client to pay any sum due to GráFón on the due date;
8.1.2 breach by the Client of any of the terms of this Agreement which term(s), if curable, Client has failed to remedy within 5 business days of request by GráFón in a written notice to the Client specifying such breach;

FORCE MAJEURE

9.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such instance, the affected party shall be entitled to a reasonable extension of the time for performing such obligations, if possible.

MISCELLANEOUS PROVISIONS

10.1 No failure or delay by either of the parties hereto in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by either of them of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.

10.2 The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

10.3 This Agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

10.4 Any notice given under this Agreement shall be in writing and in English and shall be served by delivering it by hand or by sending it by post (including prepaid recorded or special delivery post) or by email to the address, or email address set out below for the attention of the other party. Any such notice shall be deemed to have been received:
10.4.1 if hand delivered or sent by prepaid recorded or special delivery post at the time of delivery;
10.4.2 if sent by post (other than by prepaid recorded or special delivery post) 2 business days (being any day other than a Saturday or Sunday on which banks in England are open for business) from the date of posting;
10.4.3 if sent by email, on transmission of such email, provided that no error or non-delivery message is subsequently received by the sender and subject to the original notice being sent by post, personal delivery or courier in accordance with this clause, not later than the next business day after such transmission.

10.5 The headings to Clauses do not form part of and shall not be read into the construction of this Agreement.

10.6 If any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

10.7 This Agreement does not constitute and shall not be construed as constituting an agency, partnership or joint venture relationship between GráFón and Client.
This Agreement shall be governed by and construed in accordance with the laws of Ireland, the courts of which will be the courts of competent jurisdiction.