Hay Probe Hire – Terms and Conditions

Description

1.1 An 18-inch stainless steel hay and haylage corer probe forage sampler, for hire in the UK (outside the UK please see 3.2) with a standard adaptor and round shank for electric operation. 3/8″ for use with electric drill (electric drill of ½ hp or 19-volt capacity is recommended, this is not supplied with the hay corer). A dowel plunger is supplied with each unit to remove moist or packed samples. The shank adapter is quickly and easily removed from tube by fully depressing the spring-loaded plunger.

Hay Probe Hire Duration

2.1 The Hay Probe will be sent out from Forageplus to the provided shipping address using Next Day Special Delivery – Tracked and Signed for.

2.2 The Hay Probe is available for a period of two weeks from the date you receive the Hay Probe and the Hay Probe must be returned to Forageplus before the Hire End Date to avoid further charges being applied. If you are unsure what the Hire End Date is then please consult your invoice or contact Forageplus.

2.3 Where the Customer is late in returning the Hay Probe, the Customer will be charged, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to the Rental the Supplier would have charged to hire the Hay Probe to another party, for every day that the Customer is late in returning the Hay Probe to the Supplier.

2.4 If a longer hire duration is required please book through the website or contact Forageplus for a further two week hire duration at a further 20% cost of the total price.

Hire Cost of the Forageplus Hay Probe

3.1 The upfront cost of the Hay Probe Hire is £238.46 with no Shipping Cost applied to send the Hay Probe out to the customer – UK only.

3.2 Shipping costs will be applied to any hire order outside of the UK. Hire of the Hay Probe is only available in the UK unless pre-organised with Forageplus. Please contact us through email or by telephone.

3.3 The full Hay Probe hire price is charged upfront and if the Hay Probe is returned to Forageplus within the Hire Period stated and in good working condition a refund of 80% of the price will be refunded – £190.77. The hire cost for two weeks of the Hay Probe is £47.69. (If a longer hire duration is required please book see 2.4 above).

3.4 It is the customer’s responsibility to ensure the Hay Probe is kept safe from damage, theft and loss during the hire period. If the cutterhead tip is damaged or blunted or parts of the Hay probe are missing on return to Forageplus – responsibility lies with the customer and extra costs will be incurred.

3.5 The return of the Hay Probe to Forageplus is recommended through Special Delivery to ensure that the customer is fully covered for compensation should the parcel go astray. The return cost of the Hay Probe is the customer’s responsibility.

3.6 Refund of the Hay Probe percentage will be processed within two days of receiving the Hay Probe at Forageplus.

Hay Probe Hire Policies

4.1 The hire period is two weeks. If you have any questions or queries whilst you have the Hay Probe, please contact Forageplus by telephone or email (please allow up to 48 hours for email response).

4.2 Please take good care of the Hay Probe, damaged or broken parts will incur further charges.

4.3 The Hay Probe must be back with Forageplus before the Hire End Date – please be mindful of weekend post – late returns will incur further charges.

4.4 Until Forageplus receive the Hay Probe – all responsibility lies with the customer.

4.5 Forageplus cannot accept responsibility for any loss or damage of the Hay Probe in the post.

4.6 Forageplus expect the Hay Probe to be returned in the same condition that it was sent out in. Please gently wash the Hay Probe with warm water if needed to remove any hay or haylage residue from the Probe.

4.7 Risk of the Hay Probe and any Products will pass immediately to the Customer when they leave the physical possession or control of Forageplus.

4.8 Risk of the Hay Probe will not pass back to Forageplus from the Customer until the Hay Probe are back in the physical possession of Forageplus. This shall apply even if Forageplus has agreed to cease charging the Rental.

4.9 Ownership of the Hay Probe remains at all times with Forageplus. The Customer has no right, title or interest in the Hay Probe except that they are hired to the Customer. Ownership of any Products remains with Forageplus until all monies payable to Forageplus by the Customer for the Products have been paid in full.

4.10 The Customer must not deal with the ownership or any interest in the Hay Probe. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.

Care of the Hay Probe

5.1 The Customer shall:

5.1.1 Not remove any labels from and/or interfere with the Hay Probe, their working mechanisms or any other parts of them and shall take reasonable care of the Hay Probe and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer.

5.1.2 Notify Forageplus immediately after any breakdown, loss and/or damage to the Hay Probe.

5.1.3 Take adequate and proper measures to protect the Hay Probe from theft, damage and/or other risks.

5.1.4 Notify Forageplus of any change of its address and upon Forageplus’ request provide details of the location of the Hay Probe.

5.1.5 Permit Forageplus at all reasonable times and upon reasonable notice to inspect the Hay Probe including procuring access to any property where the Hay Probe is situated.

5.1.6 Keep the Hay Probe at all times in the customer’s possession and control and not to remove the Hay Probe from the country where the Customer is located and/or the country where Forageplus is located without the prior written consent of Forageplus.

5.1.7 Be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hay Probe required by any legislation, best practice and/or operating instructions except to the extent that Forageplus has agreed to provide them as part of any Services.

5.1.8 Not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hay Probe.

5.1.9 Not continue to use the Hay Probe where they have been damaged and will notify Forageplus immediately if the Hay Probe is involved in an accident resulting in damage to the Hay Probe, other property and/or injury to any person.

5.1.10 Where the Hay Probe requires fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hay Probe is properly installed by a qualified and competent person.

5.1.11 The Hay Probe must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hay Probe.

Breakdown

6.1 Allowance will be made in relation to the Rental to the Customer for any non-use of the Hay Probe due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs Forageplus as soon as practicable of the breakdown. This does not include breakdown of the drill used to power the Hay Probe, this drill is not supplied with the rental.

6.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by Forageplus arising from any breakdown of the Hay Probe due to the Customer’s negligence, misdirection and/or misuse of the Hay Probe.

6.3 Forageplus will at its own cost carry out all routine maintenance and repairs to the Hay Probe during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hay Probe. The Customer will be responsible for the cost of all repairs necessary to Hay Probe during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of Forageplus while carrying out routine maintenance and/or repairs.

6.4 The Customer must not repair or attempt to repair the Hay Probe unless authorised to do so in writing by Forageplus.

Loss or Damage to the Hay Probe

7.1 If the Hay Probe is returned in a damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hay Probe the Customer shall be liable to pay Forageplus for the cost of any repair and/or cleaning/replacement required to return the Hay Probe to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 7.2, until such repairs and/or cleaning have been completed.

7.2 The Customer shall pay the Rental for the Hay Probe up to and including the date it notifies Forageplus that the Hay Probe have been lost, stolen and/or damaged beyond economic repair. From that date until Forageplus has replaced such Hay Probe the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hay Probe for that period. Forageplus shall use its reasonable commercial endeavours to purchase replacements for such Hay Probe as quickly as possible using the monies paid under clause 7.2 above. Please note that Hay Probes are sourced from the United States and it can take time to order replacements.

Limitations of Liability

8.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

8.2 If Forageplus is found to be liable in respect of any loss or damage to the Customer’s property the extent of Forageplus’ Liability will be limited to the retail cost of replacement of the damaged property.

8.3 Any defective Hay Probe must be returned to Forageplus for inspection if requested by Forageplus before Forageplus will have any Liability for the defective Hay Probe.

8.4 Forageplus shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hay Probe and/or the Services have not been paid in full by the due date for payment.

8.5 Forageplus shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hay Probe and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

8.6 The Customer shall give Forageplus a reasonable opportunity to remedy any matter for which Forageplus is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Forageplus shall have no Liability to the Customer.

8.7 Forageplus shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Forageplus.

8.8 Forageplus shall have no Liability to the Customer for any:

8.8.1 Consequential losses (including loss of profits and/or damage to goodwill).

8.8.2 Economic and/or other similar losses.

8.8.3 Special damages and indirect losses; and/or

8.8.4 Business interruption, loss of business, contracts and/or opportunity.

Data Protection

9.1 Application: To help Forageplus decide whether to enter into this Contract or any future contract with the Customer, Forageplus may make use of the information provided to it by the Customer; information received from enquiries made about the Customer; and information gained from the Customer’s performance of this and any other contract which the Customer has with Forageplus. Forageplus’ enquiries may include searching the Customer’s record at one or more credit reference agencies (“the Credit Reference Agencies”) who will keep details of the search. These details will be seen by other organisations who make searches.

9.2 Use and Disclosure: If Forageplus enters into the Contract with the Customer, Forageplus may disclose information about the Customer, this Contract and the conduct of the Customer’s account (including payment record) to any of the Credit Reference Agencies. Such information may also be disclosed to other lenders, Forageplus, the insurer, and any other person or Supplier, which Forageplus may select from time to time for the purposes of considering any future applications for finance and financial related services that may be made by the Customer or any member of the Customer’s household, fraud prevention, tracing debtors and recovering debt, carrying out statistical analysis and administering the Customer’s account.

9.3 Marketing: The information which Forageplus holds about the Customer may be used for the purpose of carrying out market research. Forageplus may also provide the Customer with information about Forageplus’ other products and services and those of third parties. For these purposes, Forageplus may contact the Customer by post, telephone, email, fax or other means. If the Customer does not wish to be contacted for this purpose he/she should write to Forageplus’ Credit Control Department.

9.4 The Customer’s Rights: Upon payment of a fee the Customer has a right to receive a copy of the information held by Forageplus relating to the Customer. The Customer should write to Forageplus’ Credit Control Department for this information.

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