GENERAL.
The following terms and conditions constitute the entire agreement between you (the Hirer) and dragon computers (the Owners). Unless otherwise agreed in writing by the Owners, these terms and conditions will attach to all transactions between the Hirer and the Owners.

PERIOD OF HIRE
The term of hire shall be for a minimum period of one day. At the end of the hire IT IS THE HIRER'S RESPONSIBILITY TO INFORM THE OWNERS OF THE TERMINATION OF HIRE BY TELEPHONE OR FAX.

HIRE CHARGES.
The charges for rental shall be at the rates current at commencement of the Hire. A week is taken to be seven consecutive days, including the day the hire commences. Charges for a month are based on a complete calendar month; extensions may be on a daily basis. Part of a month to be charged at the rate of 1/30th of the monthly rate for each day or part of a day after the initial month's hire. At any time the Owners reserve the right to alter rental charges delivery and collection charges, any discounts and the contents of the catalogue without prior notice. There is a minimum hire charge of £25.00 excluding transport charges which the Hirer accepts upon commencement of the hire irrespective of its duration.

COMMENCEMENT AND TERMINATION OF HIRE.
THE HIRE COMMENCES ON THE DAY THE EQUIPMENT IS COLLECTED BY THE HIRER FROM THE OWNERS PREMISES OR THE DAY OF DESPATCH FROM THE OWNERS PREMISES AND CONTINUES UNTIL AND INCLUDING THE DAY THE HIRER RETURNS THE EQUIPMENT TO THE OWNERS PREMISES OR NOTIFIES THE OWNERS THAT THE EQUIPMENT IS AVAILABLE FOR COLLECTION. It is the Hirers responsibility to inform the Owners of intentions to either terminate or extend the hire. Where equipment is being collected by the Owners' Transport or appointed agent the hire will terminate when the equipment is received by the Owners transport or their appointed agents. It is the Hirer's responsibility to obtain from an authorised member of the Owner's staff a written acceptance of receipt of the equipment when returned by the Hirer's own transport. If the equipment is not received at the Owners premises or the Hirer fails to make equipment available for the Owners' transport or appointed agent on or prior to the last day of the rental period, the period of hire shall be deemed to continue as referred to in clauses 2 and 3 above.

DELIVERY AND COLLECTION CHARGES
In addition to the hire charge, separate charges will be made for delivery and collection of the equipment. It is the Hirer's responsibility to agree the method of delivery and collection to be used prior to the commencement of hire: (a) Delivery and collection may be made by the Owners' transport in accordance with the Owners' standard scale of charges. (b) Delivery may be made by the Owners appointed agent. Where the Hirer has requested collection by the Owners appointed agent from the Hirers premises a charge will be made in accordance with the Owners standard scale of charges otherwise the Hirer will be responsible for the return of the said equipment by his own transport. Details of the Owners standard scale of transport charges for all methods of delivery and collection of equipment are available upon request. Other transport services must not be used without the express permission of the Owners. ALL CASES MUST BE MARKED 'FRAGILE'. (c) All packaging materials are chargeable if not returned or returned damaged at termination of hire. (d) No equipment may be removed overseas unless the Owners prior agreement in writing has been obtained. It is the Hirer's responsibility to arrange and pay for delivery and return of the equipment and to obtain appropriate insurance cover based on the new replacement value of the said equipment. In addition, the Hirer shall continue to pay hire charges at the standard rates to cover the period of any and all delays which may occur during transit for whatever cause in accordance with clause 4 above.

ACCEPTANCE CONDITIONS
Acceptance of delivery of the equipment by the Hirer or his agent will be conclusive evidence that the said equipment has been examined and found to be complete in accordance with the manufacturer's description, in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.
INDEMNITIES
Any claim for damages by the Hirer against the Owners arising out of the Hirer's use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owner as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof. The Owners shall not be liable for any loss other than death and personal injury which may arise out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, the Owners exclude all warranties relating to the equipment and the Hirer's use thereof except as specifically stated herein.

HIRER'S OBLIGATIONS
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
(a) To keep the equipment at the delivery address and in the Hirer's own possession unless otherwise agreed in writing by the owners.
(b) Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade and Industry or the U.S. Bureau of Foreign Commerce.
(c) To permit the Owners or their authorised representatives at all reasonable times to enter upon the premises or vessel where the equipment may from time to time be kept to inspect, maintain, repair and test the same.
(d) To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment.
(e) To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturers' recommendations).
(f) To preserve the Owners and manufacturer's identification numbers or mark or any nameplate that there should be upon the said equipment.
(g) TO ASSUME UPON RECEIPT OF THE EQUIPMENT UNTIL RETURNED TO THE OWNERS OR THE OWNERS APPOINTED AGENT THE ENTIRE RISK OF LOSS OR DAMAGE TO THE EQUIPMENT FROM ANY OCCURRENCE WHATSOEVER. THE HIRER UNDERTAKES TO ARRANGE AT ITS OWN EXPENSE APPROPRIATE INSURANCE COVER WITH AN APPROVED INSURANCE COMPANY.
(h) To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the new cost of replacing the equipment.
(i) Not to sell, assign, let on hire or transfer the benefit of hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the hire.
(j) Not to make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
(k) In the event of any breakdown or alleged defect in the equipment:
(i) The Hirer shall give written notice to the Owners within 24 hours of the discovery of the alleged defect specifying the nature of the defect.
(ii) The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective.

OWNER'S OBLIGATIONS
The Owners will maintain the said equipment at no cost to the Hirer and will provide such service at the Owners premises during normal business hours save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clauses 8(j) or 11. In the event of failure of any item of equipment whilst on hire, the Owners shall use their best endeavours to supply free of charge an identical or similar item of equipment, where possible, within 24 hours of notification.

TERMINATION
At the termination of the hiring by either party and in the case of a hiring for a fixed period no later than the end of such period, the Hirer will make the said equipment available for collection by the Owners in accordance with clauses 4 and 5 above.

CONDITIONS OF USE
The Hirer will, IN ITS USE OF THE SAID EQUIPMENT, OBSERVE ALL THE MANUFACTURER'S INSTRUCTIONS AND OTHER REGULATIONS THAT MAY BE ISSUED FOR THE PROPER USE THEREOF AND SHALL BE ENTIRELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE SAID EQUIPMENT THROUGH FAILURE TO OBSERVE SUCH INSTRUCTIONS OR REGULATIONS OR FAILURE TO USE THE SAME IN A PROPER MANNER. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work, etc., Act 1974 (in particular section 2(2)(b) and 2(2)(c) thereof) or any subsequent governing legislation.
The Owners make the said equipment available purely for rental purposes and the Hirer has no purchase rights or options, unless previously agreed in writing, regardless of the hire period.

DELIVERY DATES
Delivery dates quoted are intended as estimates only although every endeavour will be made to adhere to them. In no circumstances shall the Owners be liable for delay in delivery arising from any cause whatever.

CANCELLATION
Cancellation or part cancellation of any order, can only be accepted with the Owners consent in writing and on terms which indemnify them fully against loss.

PAYMENT TERMS
(a) PAYMENT OF ALL HIRE CHARGES INCLUDING DELIVERY CHARGES, UNLESS OTHERWISE AGREED IN WRITING, IS STRICTLY NET WITHIN THIRTY DAYS OF THE INVOICE DATE.
(b) Payments sent by post are at the risk of the Hirer.
(c) The Owners may charge and the Hirer shall pay interest at the rate of 3% per annum above the Finance House Base Rate for the time being on all sums which, from time to time, may be due from the Hirer to the Owners hereunder and for the time being unpaid, such interest being calculated from the due date until the payment is received.
(d) The Owners reserve the right to alter the credit terms at anytime when in the Owners opinion the Hirer's financial condition or previous payment record so warrants.
(e) No payment is deemed to be made until received in the Owners bank account.
(f) The Hirer shall not be entitled to withhold payment of any amount payable to the Owners because of any disputed claim of the Hirer in respect of faulty equipment or any other alleged breach of this or any other contract between the Hirer and the Owners, nor shall the Hirer be entitled to set off against any amount payable under this contract any monies which are not then presently payable by the Owners or for which the Owners dispute liability.

OWNERSHIP
The equipment is and shall remain the sole property of the Owners save that for purposes connected with financing of the said equipment the property in the equipment may be vested in a third party. The consent of the Hirer will not be required for the assignment or transfer of this Agreement or the benefit thereof from or to the Owners to or from any bank leasing company or finance house being the owner of the equipment.

DEFAULT
If the Hirer shall default in making any payment for any period in excess of thirty days or if the Hirer is in breach of these Conditions of Hire then the Owners shall be entitled to terminate the agreement forthwith and enter upon the Hirer's premises and to remove the equipment without notice to the Hirer. The Owner is hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owners of its rights therein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.

RENTAL OPTIONS WARRANTY
The Owners hereby warrant to the Hirer that at the commencement of the rental period the equipment complies with its Manufacturer's description. The benefit of this warranty may not be assigned by the Hirer to any other party. In no event shall the Owners be liable to the Hirer for any consequential incidental or exemplary damages such as loss of revenues or use of any equipment or down time costs. The Owner shall not be responsible for any delays or failures in delivery of equipment or in making repairs, recalibration or replacement due to unavailability of parts, or labour, or industrial disputes, delays in transportation or other causes beyond its reasonable control. The foregoing warranty shall not apply to any damage to equipment caused by accident, misuse or abuse. The Owners do not warrant the merchantability of the equipment or its fitness or suitability for any particular purpose or use.

PERFORMANCE
Whilst application advice may be given no responsibility is accepted for incorrect results due to circumstances external to the equipment hired.

PATENTS AND COPYRIGHTS
Equipment may be the subject of patent rights and/or legal protection.

SOFTWARE
The following shall apply where software is supplied with the equipment.
(a) The title to all software including programs and documentation furnished by the Owner shall be retained by the original manufacturer.
(b) The Hirer is supplied the use of the software only for the rental term and the software shall be used only on the specific equipment with which it was supplied. Use of the software shall consist either of copying any portion of the program from storage units or media into the CPU or the processing of DATA with the program or BOTH.
(c) The Hirer may make up to two copies of the Owners supplied machine readable software for backup and archival purposes.
(d) Subject to the provision of clause 20(c) the Hirer shall not copy or duplicate or permit a third party to copy or duplicate in any manner any physical or magnetic version of the Owners supplied machine readable software. The Hirer shall not copy or duplicate any printed materials related to any furnished with the Owners supplied machine readable software.
(e) Upon termination of the hire as defined in clause 4 above, the Hirer shall return to the Owners the original Owners supplied machine readable software, all copies thereof and all printed materials furnished with such software.
(f) The provisions of clause 20(e) shall not apply if the Hirer has purchased user rights from the Owners for the Owners supplied software and has signed the original manufacturer's software or program licence agreement for said software. In that event the Hirer's rights and obligations upon termination shall be governed by the original manufacturer's software or program licence agreement.
(g) No licences or rights are granted except as set forth herein or in the original manufacturer's software or program licence agreement which the Hirer shall be required to sign on receipt and before using the software. The software may not be assigned by the Hirer without the Owners prior written consent.

FORCE MAJEURE
If either the Owners or the Hirer are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but not longer than the continuance of the Force Majeure. The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability. If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more, then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.

GOVERNMENT PROCUREMENT
No H.M. Government Procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.

DELAY
The Owners shall not be liable for delays in performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by the Owner's suppliers.

FEES AND EXPENSES
The Owners shall be entitled to recover from the Hirer all fees and expenses (whether or not formal legal action is instituted) incurred as a result of any breach of these terms by the Hirer or need to enforce same or in any other way arising in connection with these Conditions of Hire.

DAMAGES
The remedies provided herein are the Hirers sole and exclusive remedies. In no event shall the Owners be liable for direct indirect special incidental or consequential damages (including loss of profits) whether based on contract tort or any other course of action.

EXPORT CONTROL.
Overseas rentals arranged by the Hirer are subject to the terms and conditions listed herein. Attention is drawn to the fact that the Owners bear no responsibility for any charges, fees, or fines, V.A.T. or duty payments imposed by any authority or shipping agent in the UK or overseas. In addition the Hirers attention is drawn to the existence of various statutes governing customs regulations in particular the Export of Goods (Control) Order 1985 with regard to equipment which may be subject to security control. Details are available from the Department of Trade & Industry, Millbank, London SW1P 4QU. Should the Hirer abandon the Owners equipment anywhere in the United Kingdom or overseas or should the equipment be impounded by any customs authorities the rental will continue until the new replacement cost of the aforesaid equipment is received by the Owners.

MISCELLANEOUS
(a) If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further.
(b) Any waiver, indulgence or forbearance by either party of any of these Conditions of Hire and/or any breach thereof shall apply only in the particular instant or instances in which such waiver, indulgence or forbearance occurs, and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.
(c) The exercise or implementation of or reliance upon any of the terms and conditions by the Owners shall not give rise to any right by the Hirer to cancel any contract with the Owners.

V.A.T.
All prices quoted are exclusive of V.A.T., which will be charged at the rate in operation at the relevant tax point date.

GOVERNING LAW
Any contract between the Hirer and the Owners shall be governed by and construed in accordance with the Laws of England and the Hirer agrees to be subject to the jurisdiction of the English Courts.