PRICE, EQUIPMENT, SERVICE CHARGE, PURCHASES AND PAYMENTS
1.1 The price for JAZ Trading gas sold to the Customer shall be as applicable at the time of delivery and may vary from time to time by JAZ Trading upon notice to the Customer. Such notice may take the form of the JAZ Trading website, delivery docket, invoice, statement. letter or phone call. Gas prices are affected by numerous factors outside the control of JAZ Trading and may fluctuate.
1.2 The Equipment Service Charge or Cylinder Rental Charge shall be as applicable at the time of possession of the equipment/ cylinders and shall be applicable at the time of delivery and may be varied from time to time by JAZ Trading upon notice to the Customer. Such notice may take the form of the JAZ Trading website, delivery docket. invoice, statement. letter or phone call.
1.3 The Customer shall pay JAZ Trading for gas as per their trading terms with JAZ Trading. Any Equipment Service Charge o-r Cylinder Rental Charge is payable immediately following the initial or previous hire period.
2. EQUIPMENT AND MAINTENANCE
2.1 The equipment all gas cylinders, inflation equipment or any other items hired by the Customer.
2.2 The Customer shall store all gas cylinders securely, complying with all legal and statutory requirements and industry standards.
3. PREMISES AND EQUIPMENT
3.1 All equipment and cylinders remain at all times the sole property of JAZ Trading or their suppliers. The Customer shall not purport to sell,encumber , part with possession of, or otherwise do anything prejudicial to JAZ Trading' title to the Equipment and/or Cylinders. The Customer shall keep legible and visible all trademarks and signs of JAZ Trading and their suppliers on Equipment and Cylinders. The Customer shall not remove the Equipment and Cylinders from its premises during the currency of the hire. The Customer shall not make any alteration to the Equipment or Cylinders or allow any attachment to be affixed or used in the operation of the Equipment and/or Cylinders without the prior written consent of JAZ Trading.
3.2 The Customer shall only use the hired Gas Cylinders to store and dispense JAZ Trading gas or that of their supplier.
3.3 JAZ Trading is irrevocably authorised to enter the premises at all reasonable times to exercise any of its rights or perform any of its obligations under these terms and conditions and to do any act ancillary thereto .
3.4 If possession of the Equipment or Cylinders is not so delivered to JAZ Trading at completion of the paid hire term, JAZ Trading may charge the Customer, and the Customer is liable to pay, for any costs associated with repossession and/or replacement of the Equipment and Cylinders. For this purpose JAZ Trading may enter upon the Customer's premises or any other premises on which JAZ Trading reasonably believes the Equipment and Cylinders to be and to effect any such entering or possession may remove or open any obstruction or entrance and sever detach and dismantle the Equipment or Cylinders from the Customer's premises or any other land or property to which the Equipment and Cylinders may have become affixed.
3.5 The Customer's business at its premises includes the rights granted to the Customer under this agreement. The Customer must assign this agreement to any new operator of the Customer's business at its premises. The Customer must procure the assignee of that business ("the assignee") to sign and submit to JAZ Trading for its consideration such form as JAZ Trading reasonably requires to affect an assignment of this agreement. The Customer will not sell its premises nor grant or assign any lease or sub-lease of its premises during the currency of this Agreement. except as part of an assignment of the Customer 's business at its premises
3.6 Any invalidity of a provision hereof shall not affect the validity of any other provision. A waiver of an obligation is not a continuing waiver.
4.1 In respect of JAZ Trading gas and the Equipment and Cylinders, Customer shall:
at all times handle them only in a safe manner;
comply with all laws and all requirements of any statutory authority;
comply with all reasonable instructions of JAZ Trading relating to safe handling or storage;
ensure that It and all its servants and agents who handle JAZ Trading gas or use the Equipment or Cylinders are fully trained to do so in a safe and proper manner and are informed of and fully understand all relevant laws and statutory regulations and instructions of JAZ Trading relating thereto;
not use the Equipment or Cylinders, if it is not, or app ears to Customer not to be, in good working order
notify JAZ Trading by telephone immediately upon becoming aware of or suspecting a defect in the equipment;
not permit anyone other than JAZ Trading or persons authorised by JAZ Trading to fill gas into the Equipment or Cylinders; and
exercise every care in handling the Equipment and Cylinders and afford it all reasonable protection from misuse and damage.