Terms & Conditions

GEOMATRIX EARTH SCIENCE LIMITED

GENERAL TERMS AND CONDITIONS OF RENTAL

1. In these conditions:

The company means Geomatrix Earth Science Limited.

The conditions means the Company's general terms and conditions of rental set out in this document.

The Customer means the person or company renting the equipment.

The equipment means those items rented to the Customer by the Company subject to the Conditions.

The Consumables means consumable items such as diskettes or recording papers used with the Equipment.

2. The Company will rent to the Customer the Equipment subject to the Conditions. Every quotation, pro forma, invoice, price list or other similar document made or issued by the Company is issued subject to these conditions. No variation or addition to the Conditions shall be binding unless agreed in writing between the Company and a duly authorised representative of the Customer.

3. Any rental order by a Customer, whether resulting from any quotation, pro forma invoice, price list or of a similar document made or issued by the Company shall be treated as an offer to rent on the Company's conditions and shall not be binding on the Company unless and until accepted by the Company. The Company at its absolute discretion may accept or reject any rental order for any reason whatsoever. The Customer must confirm all orders on the Customer's official letter heading or purchase order form specifying the Equipment required, date of requirement, expected period of rental and delivery method and address. The Company will confirm availability of Equipment upon receipt of such written order.

4. Rental prices quoted are ex-works (in accordance with Incoterms 2000) at the Company's UK premises. Thereafter the Equipment is at the risk of the Customer who must insure it in accordance with clause 10. Carriage is the responsibility of the Customer, although the Company will arrange carriage if requested and charge the Customer at cost plus 10%.

5. Customers who are approved account customers shall make all payments in Sterling or in US Dollars (as specified on the invoice) within 30 days of invoice date. Customers who are non-account customers shall make payment in advance. The Company reserves the absolute right to assess the Customer's account state as on a case by case basis. In the case of overseas orders, payment will be made by irrevocable and confirmed letter of credit established with a London bank and payable on presentation of shipping documents, unless otherwise agree in writing.

6. The Company reserves the right to suspend delivery in respect of any rental order from the Customer if it appears to the Company that there is a credit risk. The Company may charge interest at 6% above Bank of England Minimum Lending Rate on overdue accounts and may withdraw any discounts allowed on the original invoice. The invoice date shall be the date that the Equipment is delivered to the Customer's address or for export orders to the UK port or airport.

7. The Company will use all reasonable endeavours to deliver the Equipment on the date stated but in the event of delay will notify the Customer promptly and arrange an alternative date for supply or for supply of substitute Equipment. The Company will not be liable for any costs or expenses incurred by the Customer resulting from delays in delivery however caused.

8. The rental period will commence on the date of shipment from the Company to the customer's address or port as stated in clause 4 and terminate on the day that all Equipment (less Consumables) are returned to the Company's address.

Customers must note:

8.1 If there are shortages of Equipment on delivery the Customer must notify the Company immediately in writing; and

8.2 If the Customer wishes to extend the rental period it must notify the Company immediately by purchase order. The Company reserves the right to refuse to extend such rental period. In the event of failure to return all (or part only) of the Equipment at the end of booked rental period, the Customer will incur continuing rent at the full daily rate until the balance of all of the Equipment is returned. In addition, the Company reserves the right to levy penalty charges. Early return of the Equipment will not automatically entitle the Customer to any abatement of rental payments for the period ordered.

8.3 In the event of Equipment breakdown, the Customer must notify the Company immediately and, subject to the Company's directions, return failed Equipment within 4 days.

9. In the event that the Customer fails to notify the Company of shortage on delivery or Equipment breakdown the Company will invoice the Customer for full rental charges. In the event that Equipment failure has been caused by neglect, mis-use or failure to observe the terms of user manuals on the part of the Customer, or in the event that the Equipment is returned damaged, the Customer will be responsible for the cost of returning the Equipment to a serviceable condition.

10. The Customer is responsible for risk of the Equipment from delivery in accordance with clause 4 until it is returned to the Company's premises. The Customer must insure the Equipment for its full replacement value as stated by the Company with the Company named upon its insurance as loss payee. In the event that the Customer fails to produce to the Company's reasonable satisfaction evidence of its insurance the Company reserve the right to make an additional charge for insurance of the Equipment during the rental period.

11. The Customer must when confirming rental, notify the Company of any abnormal environmental factors and conditions of use which may apply whilst the Equipment is in its possession. The Company will not accept liability for any malfunction of the Equipment as a result of abnormal environmental factors outside the specification standards of the Equipment supplied. Such factors include without limitation, mains power transients or drop outs, electromagnetic interference, extremes of humidity, wetting, vibration, temperature or pressure or chemical corrosion. In such cases, costs incurred by the Company in repairing Equipment and investigating causes of the malfunction shall be paid by the Customer.

12. The Company will not be liable for any loss of profit whatsoever or for any indirect or consequential damage caused by the improper functioning, poor performance, stoppage or breakdown of the Equipment or caused by the late or non-delivery of the Equipment or caused in any other way whatsoever and (without prejudice the generality of the foregoing) whether or not attributable in any case to the fault of the Company.

13. The Company hereby reserves the right to make without notice such minor modifications and specifications of Equipment as it may deem necessary or desirable by experience.

14. The Company shall not be liable for any failure to perform its obligations hereunder which may be due to any circumstances beyond its control including without prejudice to the generality of the foregoing Act of God, war or threat of war, insurrection, civil disturbance, requisition, measures of any kind on behalf of any governmental authority, import or trade regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes.

15. The Customer acknowledges that it alone is responsible for obtaining any necessary import or export licences or consent of any governmental or other authority and that the Company cannot be liable in any way for the Customer's failure to obtain such necessary import or export licence or consent of any governmental or other authority as the case may be.

16. Full payment for Equipment rental shall include freight and customs clearance charges, and EU import duty and VAT, if applicable. It is the Customer's full responsibility to ensure a payment method commensurate with the monies involved to ensure a safe and prompt payment of the full order value. The Equipment may not be exported outside of UK jurisdiction until full payment for the Equipment rental has been received.

17. Any legal costs incurred by the Company in pursuing overdue payments shall be borne by the Customer on an indemnity basis.

18. All contracts shall in all respects be governed by and construed in accordance with the laws of England. We have read, and understood these terms and conditions of rental, and agree to abide by them.

Signed: ………………………….. Company:……………………………….

Position:………………………….. Date:…………………………………….

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