Page 378 - Full GAP Catalogue 2022

376 / Terms & Conditions

industry if we consider there is a significant public interest in us doing so. 26. RIGHTS RESERVED
We will not seek your additional consent in these circumstances.
Any failure by us to enforce any or all of these Conditions shall not amount
23. FORCE MAJEURE to, or be interpreted as, a waiver of any of our rights.
Neither party to the Contract shall be under any Liability for any the failure 27. SEPARATE TERM VALIDITY AND HEADINGS
to perform any of their respective obligations as a result of Force Majeure,
other than your obligation to make any payment hereunder. Following If any term in this Contract is held invalid this shall not affect the validity
notification by one party to the other of Force Majeure, the affected party of the remaining terms. The headings in these Conditions are for reference
shall be allowed a reasonable extension of time for the performance of its purposes only and shall not affect the interpretation of these Conditions.
obligations. For the purposes of this Clause, “Force Majeure” means fire,
explosion, flood, adverse weather conditions, lightning, act of God, act of The following clause applies to all GAP Group Terms & Conditions:
terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute,
traffic delays or other events or circumstances outside the reasonable INFECTIOUS DISEASES, BIOLOGICAL HAZARDS/AGENTS, HAZARDOUS
control of the affected party. SUBSTANCES CONTAMINATION AND OUTBREAKS – CLEANING AND
NOTIFICATION REQUIREMENTS
24. TERMINATION OF HIRE Where the Equipment is/has been in use or stored at a site where
infectious diseases, biological hazards/agents, hazardous substances have
We will be entitled at any time to terminate the Contract with immediate been found or are suspected (or where any individual known to be infected
effect and to repossess any or all of the Equipment if you commit a material by any infectious disease have worked) You must notify Us as soon as
breach of your obligations under this Contract or if any proceedings are reasonably practicable and undertake an extensive and documented
commenced in which your solvency is called into question or your financial cleaning/decontamination process using appropriate cleaning materials
position deteriorates to such an extent that we feel your capability to fulfil and methods, ensuring that the Equipment is returned to Us in a safe,
your obligations under the contract has been placed in jeopardy. Such clean and decontaminated condition. Where the Equipment is unable to
termination will not affect our right to recover from you any money due to be cleaned/decontaminated to an acceptable standard as advised by a
us under this Contract or damages for breach of contract. regulatory or statutory body, You will be responsible for the full costs of
disposal and replacement of the Equipment. If the cleaning process is not
25. OUR RIGHTS OF ACCESS considered adequate or has not been documented, We reserve the right to
arrange for specialist cleaning/decontamination or the replacement of the
You authorise us to enter any land or premises where we reasonably Equipment, the cost (including disposal) of which will be charged to you.
believe any Equipment or Goods to be, in order to inspect, test, repair,
replace or repossess it.