CSE Crosscom Terms & Conditions of Hire

NOW IT IS HEREBY AGREED as follows:

1. Definitions

1.1         The following expressions shall have the following meanings:-

1.1.1      The Owners” means CSE Crosscom

1.1.2      “Agreement” means this Agreement;

1.1.3      “Deposit” means the Deposit specified on the face of this Agreement;

1.1.4      “Equipment” means the Equipment described on the face of this Agreement and

1.1.5      “Additional Equipment” means any item, not forming part of the Equipment, hired from the Company by the Hirer during the Term of this Agreement;

1.1.6      “STH1 Licence” means the STH1 Licence issued by the Owners on behalf of Department of Trade and Industry, to the Hirer.

2. Hiring of Equipment

2.1       the Owners shall hire and the Hirer shall take on hire the Equipment in accordance with the terms contained herein.

2.2      An order by the Hirer for any Additional Equipment shall, upon acceptance by the Owners be governed by these terms.

2.3      The Hirer shall observe all the Conditions of Use contained in the STH1 Licence.

2.4      If the Hirer complies with all the terms of this Agreement, the Owners shall give the Hirer quiet possession of the Equipment and any Additional Equipment.

3. Deposit and Hire Charges

3.1       The Deposit shall become payable on the date hereof and shall be refunded to the Hirer at the end of the Hire Period provided that the Hirer shall not be in breach of any terms of this Agreement.

3.2      Upon the acceptance by the Owners of an order for any Additional Equipment, an additional deposit of ten per cent (10%) of the value of the Additional Equipment shall immediately become payable by the Hirer.

3.3      The additional deposit referred to in clause 3.2 shall be refunded to the Hirer at the end of the Hire Period agreed for the Additional Equipment provided that the Hirer shall not be in breach of any of the terms of this Agreement.

3.4      The Hire Charges shall be invoiced to the Hirer on a four weekly basis unless the Hire Period is Less than one month, in which case an invoice for the entire Hire Charges shall be issued.

3.5      The Owner reserves the right (without prejudice to its other remedies) to charge daily interest on outstanding amounts, until payment in full is received by The Owners at a rate equal to 4.5% per annum above Bank of England base lending rate as current from time to  time, whether before or after judgement. Interest shall continue to occur notwithstanding termination of the Agreement for any cause whatsoever.

3.6      All sums due to The Owners under this Agreement are (except where otherwise stated) exclusive of Value Added Tax and any other taxes which may apply or may be introduced from time to time, which shall be charged thereon in accordance with the relevant regulations enforce at the time of making the taxable supply and shall be paid by the Hirer.

3.7      Punctual payment of all charges shall be the essence of this Agreement.

3.8      The Owners reserves the right to vary the charges under this Agreement by not less than thirty (30) days notice in writing to the Hirer.

4. Use of Equipment

4.1       The Hirer acknowledges that The Owners does not accept liability for the security of information transmitted on the Equipment and any Additional Equipment.

4.2      The Hirer undertakes to use the Equipment and Additional Equipment in accordance with such reasonable operating instructions as may be notified in writing to the Hirer by The Owners from time to time and in accordance with the Wireless Telegraphy Act 2006 and the Trade and Industry RRD Regulations and any licence granted hereunder which governs the running of any wireless telegraphy apparatus.

4.3      The Hirer shall indemnify and hold harmless The Owners against all liabilities, claims, damages Losses and proceedings arising out of or in any way connected with any breach of Clause 4.2.

4.4      The Owners shall use its reasonable endeavours to deliver the Equipment to the Delivery Address on the Delivery Date.

5. Care of Equipment

5.1      At all times, title to the Equipment and Additional Equipment shall remain vested in The Owners.

5.2      Throughout the Hire Period, the Equipment and the Additional Equipment shall be at risk of the Hirer and the Hirer shall be liable for any loss, theft, non-return or destruction of (charged at The Manufacturers RRP) or damage to the Equipment and Additional Equipment howsoever caused during the Hire Period.

5.3      The Hirer shall not tamper with, remove the protective casing and or security seals from, or repair or attempt to do the same or permit any third party to do or attempt to do the same to the Equipment and Additional Equipment or any part thereof. Throughout the Hire Period, the Hirer shall insure against all risks to the Equipment to the value specified by The Owners and shall, if so, Requested, by The Owners, ensure that The Owners interest is noted on the policy effecting such insurance.

5.4      With regard to that Equipment and the Additional Equipment, the Hirer undertakes not to use or permit them to be used unlawfully or for any unlawful purpose; to keep them in the United Kingdom; to keep them free from any claims by other persons; to make sure that The Owners has a right of access to them at all reasonable times for inspection and removal; and if they become fixed to land, buildings or any vehicle, to make sure that every person who has an Interest in the land or any such vehicle from time to time gives The Owners in writing waiver of any rights to them and a right to enter the land or vehicle to remove them.

5.5      The Hirer undertakes not to sell, assign, mortgage, charge, underlet or part with possession the the Equipment and the Additional Equipment or any interest therein without the prior written consent of The Owners. The Hirer undertakes to indemnify The Owners against any liability or loss (including legal costs on a full indemnity basis) arising from the possession or use of the Equipment and the Additional Equipment by the Hirer of their repossession by The Owners or in relation to the breach by the Hire of the STH1 Licence.

6. The Hire Period Termination

6.1       This Agreement shall commence on the Delivery Date.

6.2      This Agreement is for the initial hire period and shall continue thereafter until notice of termination is given by either party to the other in writing.

6.3      The Owners may at its sole discretion elect to suspend forthwith the use of the Equipment by the Hirer until further notice upon notifying the Hirer either orally (confirming such notification in writing) or in writing in the event that:-

6.3.1    The Owners is entitled to terminate this Agreement for any reason whatsoever;

6.3.2    The Owners is obliged to comply with an order, instruction or request of any Government Emergency Services Organisation or other competent Administrative Authority; or

6.3.3    The Equipment no longer conforms to any relevant standard in any licence granted under the Wireless Telegraphy Acts or the Telecommunications Acts or any amendment to or re-enactment of the same.

6.4      Any exercise by The Owners of its right of suspension in respect of an event referred to in clause 6.3 shall not exclude The Owners rights subsequently to terminate this Agreement.

6.5      The Hirer shall reimburse The Owners for all reasonable costs and expenses incurred in the implementation of such suspension, save that this shall not apply where the suspension is implemented otherwise than as a consequence of the wilful act, fault or omission of the Hirer.

6.6      This Agreement will terminate automatically and The Owners will repossess the Equipment at any time if:-

6.6.1    Any licence to use or operate the Equipment whether under the Wireless Telegraphy Acts or the Telecommunications Acts or otherwise is withdrawn or revoked;

6.6.2    The Hirer is in breach of the Conditions of Use contained in the STH1 Licence;

6.6.3    The Hirer being a company, enters into liquidation whether compulsorily or voluntarily, (otherwise than for the purposes of amalgamation or reconstruction) or compounds with its creditors or has a Receiver or Manager appointed in respect of all   or any part of its assets or is the subject of an application for an Administration Order or is the subject of any proposal under part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts or if it carries out or undergoes any analogous act or proceeding under foreign law; or

6.6.4    The Hirer, being an individual firm, the individual or any partner of the firm is the subject of a Petition for a Bankruptcy Order or is the subject of an application for an Interim Order under part VIII of the Insolvency Act 1986 or carries out or undergoes any analogous act or proceeding under foreign law.

6.7      At the end of this hire period it is the Hirers responsibility to adequately pack and ensure the safe return of all equipment to the Owners. The Hirer undertakes to indemnify The Owners against any loss arising from use of third party transport to return the equipment at the end of the hire term. Risk will not pass back to The Owners from The Hirer until the Equipment is back in the physical possession of The Owners.

6.8     Where this Agreement is terminated for any reason; the Hirer shall be liable to pay forthwith to The Owners the lower of:-

6.8.1    The remainder of all hire charges which would be due for the rest of the initial hire period but for the terminationOr

6.8.2    The difference between the Owners standard hire rates and those in this Agreement for the period from the beginning of this Agreement to the date of the Termination.

6.9      Any variation to this Agreement for quantity or period will be regarded as a Termination and 6.8 above will apply.

6.10    The Hirer may cancel any order for Equipment at any time before the Hire Period starts by sending written notice to the Owner at the email address hire@csecrosscom.co.uk. If the Hirer cancels or amends the order after a signed contract is returned but before the start date of the contract, The Owner reserves the right to apply the following charges:

• Over 28 days notice = No charge
• Between 15 and 27 days notice = 50% contract value
• Less than 14 days notice = 100% contract value

7. Limitation of Liability

7.1      The Owners has not made or given and does not make or give any representation, condition

7.1      or warranty about the quality, fitness or correspondence with description of the Equipment and all such representations, conditions and warranties whether express or implied by law are excluded. The Owners does not exclude liability for death or person injury resulting from its negligence or that of its employees. The Owners total liability for special damages shall not exceed the total hire charges for the

7.2      particular Equipment for which The Owners is in breach however such liability arises. The Owners exclude liability for consequential loss including, without limitation, loss of

7.3      profits, business revenue, goodwill or anticipated savings. This clause shall survive the termination of this Agreement.

8. General

8.1      Any notice required or permitted to be given hereunder shall be given in writing

8.2      The Owner’s rights under this Agreement shall not be affected by any forbearance or concession made by The Owners to the Hirer.

8.3      This Agreement may not be assigned or otherwise transferred by the Hirer whether in whole or in part.

8.4      The Hirer’s obligations to indemnify The Owners will not be affected by any termination of this Agreement.

8.5      The Owners may disclose details of this Agreement to any person and for any purpose connected with its business. The Owners may also disclose the contents of this Agreement to any credit reference agency.

8.6      The Owners shall not be liable for any delay or failure to meet its obligations under this Agreement due to any cause outside its reasonable control.

8.7      No variations to the terms of this Agreement shall be binding on The Owners, unless made in writing and signed by a duly authorised representative on behalf of The Owners.

8.8      This Agreement shall be interpreted without reference to its headings (which are included for convenience only) and shall be governed by English Law.

8.9      Any dispute which may arise between the parties concerning this Agreement shall be determined by the High Court of Justice in England and the parties hereby submit to the exclusive jurisdiction of that Court for such purpose.

8.10    This Agreement supersedes any prior agreements, arrangements and undertakings between the parties in relation to the subject matter hereof and shall constitute the entire agreement between the parties relating to such subject matter, any purchase order or other terms and conditions of the hirer shall not apply to this hire Agreement.

Version April 2025