Common use of BASIS OF CHARGING Clause in Contracts

BASIS OF CHARGING. (a) Minimum Hire Charges – The standard hire period is for one month. This represents a minimum of 10 continuous working hours per day, 26 days per month. For hire periods that exceed one month, the monthly rate will apply, and any partial month will be calculated on a pro rata basis based on the number of days on hire. Any use less than 10 hours per day regardless of reason, except for valid breakdowns will be charged at the daily rate and there will be no reduction for any other reason whatsoever. This includes, public or national holidays and any other times where working hours may be reduced. (b) Any additional hours will be charged on a pro rata basis, or in the event of an additional shift the double shift rate will apply as specified in the quotation. These charges are applicable regardless of the actual machine hours. (c) If the hire was originally planned for one month but does not exceed one month then the weekly rate will apply. If the weekly rate has not been specified in the quotation, then the weekly rate is calculated as the monthly rate divided by 3. (d) If the hire was originally planned for a week but does not exceed one week then the daily rate will apply. If the daily rate has not been specified in the quotation, then the daily rate is calculated as the weekly rate divided by 4 (e) It is the responsibility of the hirer to repair and change tyres and no reduction in hire charge will be made for this period. (f) Except for equipment supplied with Operator, the Owner does not accept any timesheets that are maintained by the hirer as a basis of invoice submission, invoice approval and payment. Payment terms will remain as per our Standard T&C’s of rental. (g) From time to time the hirer may request for additional services from the Owner such as but not limited to Calibration, Certification, Voltage Changes, site surveys and such services that incur additional costs will be charged at an agreed rate with the hirer. Where Equipment is on hire, during such a time, the full hire charges will be applicable. (h) The hirer warrants that it shall pay all taxes and encumbrances which may now or hereafter be imposed upon the renting or use of equipment or any other charges, including without limiting the generality of the foregoing, any and all taxes at whatever rates that are currently or may be in effect with respect to sales tax, value added tax and/or goods and services tax or any other applicable taxes, duties and levies.

BASIS OF CHARGING. (a) Minimum Subject to clauses 18. (d) and 19. (b), the Hirer shall be liable to pay the Hire Charges – The standard hire to the Owner in accordance with the terms of this Contract for the entirety of the Hire Period (which shall for the avoidance of doubt include any notice period under clause 19. (a) below and until such time as the Plant is for one month. This represents a minimum of 10 continuous working hours per day, 26 days per month. For hire periods that exceed one month, returned to the monthly rate will apply, and any partial month will be calculated on a pro rata basis based on the number of days on hire. Any use less than 10 hours per day regardless of reason, except for valid breakdowns will be charged at the daily rate and there will be no reduction for any Owner’s named depot or other reason whatsoever. This includes, public or national holidays and any other times where working hours may be reducedagreed location). (b) Any additional hours will The parties agree that this Contract shall be charged on treated as a pro rata basis, or in construction contract for construction operations under the event of an additional shift Act and as such the double shift rate will apply as specified in the quotation. These charges are applicable regardless terms of the actual machine hoursAct and the Scheme shall apply in full to the Contract in respect of the hire of the Plant by the Hirer from the Owner. (c) If Unless otherwise agreed in writing by the hire was originally planned for one month but does not exceed one month then Owner, odd days at the beginning and at the end of the Hire Period shall be charged at the full weekly or monthly Hire Charge rate (as applicable) set out in the Quotation and the weekly rate will apply. If or monthly Hire Charges shall be charged irrespective of the weekly rate has not been specified number of hours the Plant is actually in use by the quotation, then the weekly rate is calculated as the monthly rate divided by 3Hirer. (d) If All Non Credit Account Customers shall be liable to pay the hire was originally planned Hire Charges for a week but does not exceed one week then the daily rate will applyMinimum Hire Period and the Security Deposit on receipt of an invoice in respect of the same and at all times before the Delivery of the Plant to Site. If the daily rate has not been specified in the quotation, then the daily rate is calculated Until such time as the weekly rate divided sums payable under this clause 17. (d) have been paid by 4the Hirer as a Non Credit Account Customer, the Owner shall have no obligation to effect Delivery of the Plant to the Hirer. (e) It is After the responsibility end of the hirer Minimum Hire Period in respect of Non Credit Account Customers that have paid in advance under clause 17. (d) and from the outset of the Hire Period in respect of Non Credit Account Customers that have for any reason not paid in advance under clause 17. (d) and Credit Account Customers, the Owner shall be entitled to repair make monthly applications for payment on or around the last Working Day of each calendar month during the Hire Period for the Hire Charges for the preceding month up to and change tyres including the date of application and no reduction in hire charge will be made for this periodthe period from the date of application to the end of the relevant calendar month. (f) Except for equipment supplied with OperatorAfter the end of the Hire Period, the Owner does not accept any timesheets that are maintained by shall be entitled to immediately make an application for payment for the hirer as a basis period from either (i) the end of invoice submissionthe last monthly application under clause 17. (e); or (ii) if no application has been made under clause 17. (e), invoice approval and payment. Payment terms will remain as per our Standard T&C’s from the start of rentalthe Hire Period, to the final date of the Hire Period. (g) From time to time the hirer may request The Due Date for additional services from payment in respect of any application for payment made by the Owner such under clauses 17. (d) or 17. (e) (as but not limited to Calibrationapplicable), Certification, Voltage Changes, site surveys and such services that incur additional costs will shall be charged at an agreed rate with the hirerdate on which the Owner makes the application for payment under clauses 17. Where Equipment is on hire, during such a time(d) or 17. (e). For the avoidance of doubt, the full hire charges will be applicableprovision by the Owner of a VAT invoice to the Hirer shall constitute an application for payment. (h) The hirer warrants Final Date For Payment in respect of any application for payment made under clause 17. (d) or 17. (e) (as applicable), shall, save as agreed otherwise in writing between the parties, be 30 days after the relevant Due Date for the application for payment. (i) In respect of each application for payment made by the Owner, the Hirer shall be entitled to serve a Payment Notice within 5 days of the relevant Due Date for each application, stating the amount it considers payable by it to the Owner in respect of the relevant application and the basis upon which that sum is calculated. In addition, the Hirer shall also be entitled to serve a Payless Notice stating the amount it considers payable by it to the Owner in respect of the relevant application and the basis upon which that sum is calculated no later than 20 days before the Final Date For Payment. For the avoidance of doubt, if a Payment Notice or Payless Notice fails to state either (i) the amount it considers payable by it to the Owner in respect of the relevant application; and/or (ii) the basis upon which that sum is calculated or is not in writing, it shall not be a valid Payment or Payless Notice under this Contract and shall have no effect under this Contract. (j) The Hirer shall be liable to pay all taxes and encumbrances which may now the following to the Owner on the Final Date For Payment; i. if the Hirer fails to serve a Payment Notice or hereafter be imposed upon Payless Notice, the renting amount stated in the Owner’s application for payment served under clause 17. (d) or use 17. (e) (as applicable); or ii. if the Hirer serves a Payment Notice, but does not serve a Payless Notice, the amount stated in the Payment Notice; or iii. if the Hirer serves a Payless Notice (whether or not the Hirer serves a Payment Notice), the amount stated in the Payless Notice. (k) Interest on any late payments will accrue each day at 4% a year above the Bank of equipment or England's base rate from time to time, but at 4% a year for any other charges, including without limiting the generality of the foregoing, any and all taxes at whatever rates period when that are currently or may be in effect with respect to sales tax, value added tax and/or goods and services tax or any other applicable taxes, duties and leviesbase rate is below 0%.