TERMS AND CONDITIONS FOR HIRE OF EQUIPMENT
The Hirer's attention is drawn in particular to the liability provisions of clause 5
Conditions: the terms and conditions set out in this document;
Contract: any contract between the Owner and the Hirer for the hire of the Equipment in accordance with these Conditions and which may incorporate the Owner’s rental quotation.;
Deposit: any advance payment required by the Owner for the Equipment which is to be held as security by the Owner;
D4H Waiver - optional Accidental Damage Cover;
Equipment: the goods (or any part of them) set out in the Order;
Hirer: the body corporate which hires the Equipment from the Owner;
Order: the Hirer’s order for the Equipment, as set out in the Hirer’s oral or written offer based upon the owner’s rental quotation, as the case may be.
Owner: LondonDehumidifier4hire.co.uk (registered in England and Wales with company number 6663371 as RAB Building Services Ltd.), detailed in the order.
2 BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Hirer to hire the Equipment in accordance with these Conditions. The Hirer shall ensure that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Owner issues a written acceptance of the Order or (if earlier) the Owner delivers or arranges delivery of the Equipment to the Hirer, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Owner which is not set out in the Contract
2.5 A rental quotation for the Equipment given by the Owner shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue, provided that the Owner has not previously withdrawn it. Any samples, drawings, descriptive matter, or advertising issued by the Owner and any descriptions or illustrations contained in the Owner's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment described in them. They shall not form part of the Contract or any other contract between the Owner and the Hirer for the hire of the Equipment.
2.6 If, prior to the commencement of the period of hire, the Hirer makes a written application to the Owner at its registered office expressing a desire to cancel all or any part of the Order, such cancellation shall only be effected if the Owner in its absolute discretion considers appropriate and on terms which compensate the Owner against any loss.
3 DURATION, DELIVERY AND COLLECTION
3.1 The period of hire shall commence on the date on which the Equipment is delivered to the Hirer. The period of hire shall end on the actual return date.
3.2 The Owner shall at the Hirer’s expense arrange for the Equipment to be delivered to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after the Owner notifies the Hirer that the Equipment is ready.
3.3 Delivery of the Equipment shall be undertaken by the Owner and delivery shall be completed on the Equipment arrival at the Delivery Location. Delivery shall be done to the kerb side only, the same with the collection of the equipment.
3.4 Any dates quoted for delivery are agreed by the Owner and Hirer, and the time of delivery is set in 3h time slots. The Owner shall not be liable for any delay in delivery of the Equipment that is caused by any event beyond its reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, or the Hirer’s failure to provide the Owner with adequate delivery instructions or any other instructions that are relevant to the delivery of the Equipment.
3.5 The Hirer is responsible for returning the Equipment to the Owner by making a 48 hour written notice. The Owner shall at the Hirer’s expense arrange for the Equipment to be collected at the agreed date and time. Failing to notify the owner of the collection will result in an automatic, week-long extention of the hire.
3.6 Delivery or collection, on request of the hirer, out of the standard office hours (Monday to Friday 9am-5pm, Saturday 9am-1pm) and Bank Holidays, might result in doubling of the delivery charge.
4 PAYMENT OF HIRE
4.1 The Hirer shall pay all amounts for hire and any additional charges for the Equipment in full in accordance with these Terms and Conditions and rental quotation. The initial period of hire is one week, so the minimum payment is one week hire costs.
4.2 The Owner may, prior to the hire of the Equipment, require the Hirer to pay a Deposit or require the Hirer to provide details of any valid credit or debit card as a Deposit. Such Deposit shall be made against default by the Hirer of payment of any charges or any loss of or damage caused to the Equipment. If the Hirer fails without due cause to make any payment of the charges or causes any loss or damage to the Equipment, then (subject to the D4H WAIVER) the Owner shall be entitled to apply the Deposit against such default, loss or damage either by deduction from the Deposit sum or deduction of such sums from the credit or debit card (as applicable). Any Deposit sum or balance shall be refundable at the end of the Hire.
4.3 Deposit is required for all hired Equipment. The Owner will take a 1 week Hire charge as a Deposit. The Deposit will be refunded upon return of the Equipment within 5 working days, subject to clause 4.2.
4.3 Any sum payable is exclusive of VAT.
4.4 The date of delivery and the date of collection by the Owner shall be counted as whole day for the purpose of calculating hire rent.
4.5 You can always cancel the service before the delivery. The money paid for hire the equipment will be refunded and £20.00 + VAT handling fee will be deducted.
4.6 If the Hirer fails to make any payment due to the Owner under the Contract by the due date for payment (due date), then the Hirer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
5.1 The Owner shall ensure that all Equipment is in good working order before delivering it to the Hirer.
5.2 The Hirer shall immediately report any damage, defect, malfunction or loss of the Equipment.
5.3 The Equipment shall be under the control of the Hirer at all times from delivery until collection by the Owner, and are not used for any purpose for which it is not designed or reasonably suitable.
5.4 The Hirer shall during the Hire:
5.4.1 Keep the Equipment in good condition, (fair wear and tear only excepted) and shall not repair or allow any third party to repair the Equipment;
5.4.2 Not make any alteration to the Equipment and shall not remove any existing components from the Equipment;
5.4.3 Ensure that the proper type and/or voltage is used and only use the Equipment for its proper purpose in a safe and correct manner in accordance with any operating and safety instructions provided by the Owner;
6 LOCATION OF EQUIPMENT
The Hirer shall not move the Equipment from the location specified in the Owner’s rental quotation and is responsible for the Equipment in accordance of clause 5.3.
7.1 The Owner will maintain the Equipment at its own expense and the Hirer shall, when required by the Owner, grant access to the Equipment for the purpose of inspecting it and carrying out any work of maintenance, repair or replace.
7.2 Maintenance of the Equipment does not include interim calibrations, which are the responsibility of the Hirer. Calibration intervals are laid out in the Equipment’s manuals. If during the period of hire a calibration is required, Hirers should contact the Owner to request free training in this matter.
7.3 The Hirer is to ensure the Equipment are kept clean, tidy, in good condition, and shall not subject the Equipment to any unreasonable wear and tear. Returning the equipment in an unclean or damaged state may result in extra charges for returning the equipment to its previous condition.
7.4 The Hirer shall preserve the Owner and manufacturer's identification marks and any nameplates that may be on the Equipment.
7.5 The Hirer shall observe all the manufacturer’s instructions and recommendations for the proper use of the Equipment.
8.1 The Hirer must not repair or attempt to repair the Equipment in the event of damage or breakdown but must at once notify the Owner.
8.2 If the damage or breakdown has been caused by the fault or carelessness of the Hirer or by misuse of the Equipment, the repair will be at the expense of the Hirer.
8.3 In any case other than under clause 8.2 above the repair will be at the expense of the Owner.
8.4 The Owner may substitute other Equipment of a similar type or condition in lieu of repairing the Equipment without relieving the Hirer from responsibility for the cost of repair under clause 8.2 and without extending the period of hire.
8.5 The Owner may terminate the hiring by written notice to the Hirer at any time if in the sole opinion of the Owner the Equipment are not worth repairing or cannot be repaired; in such event (except where clause 8.2 applies) the Owner shall repay the hire rent for any outstanding period for which it has already been paid.
8.6 Nothing in this clause shall affect or diminish the liability of the Hirer for any breach of this agreement or render the Owner liable to the Hirer for any resultant or consequential loss, damage or inconvenience.
9 NO SALE ETC
9.1 The Hirer shall keep the Equipment in its sole possession and shall not lend the Equipment or sublet it to any person or otherwise part with possession of it in any way. The Hirer acknowledges that the Equipment remain the property of the Owner at all times and must not in any circumstances be sold or used as security. The Hirer shall not permit any lien to be created on the Equipment or pledge the Owner’s credit for repairs to it.
9.2 The Owner may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
9.3 The Hirer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Owner, such consent not to be unreasonably withheld.
10 ACCIDENTAL DAMAGE COVER - D4H WAIVER
10.1 The Hirer shall from the time the delivery is completed in accordance with clause 3.3 keep the Equipment insured in their full replacement value against loss or damage and third party risks and shall produce evidence of such insurance to the Owner, who shall be entitled to withhold delivery until such production. If the Hirer haven't got such insurance the D4H Waiver is offered.
10.2 D4H Waiver - it's a Accidental Damage Cover charged at 15% of the hire rate of the Equipment.
10.3 D4H Waiver covers up to £1000 of the costs of repair arising out of accidental damage, with an excess of £100, subject to the provisions of clause 10.4 below.
10.4 If the Hirer have bought a D4H Waiver and the relevant Equipment is damaged during the Contract, the waiver purchased will not be available where:
10.4.1 the Hirer have purchased D4H Waiver cover and damage is caused due to the Hirer negligence. Negligence for the purpose of this Section includes circumstances where the relevant Equipment has not been operated in accordance with the instructions and/or all reasonable steps have not been taken to prevent accidental damage to the Equipment;
10.4.2 the Equipment has been wilfully or maliciously damaged by the Hirer.
10.5 The Hirer shall keep the Equipment in accordance with clause 5.
11.1 This agreement and the hiring constituted by it shall without notice but at the option of the Owner end, and the Hirer shall no longer be in possession of the Equipment with the Owner’s consent, in any of the following circumstances:
11.1.1 a default by the Hirer in the payment of any money due under this agreement for a period of 10 days;
11.1.2 a breach by the Hirer of any of the provisions of this agreement other than those relating to the payment of money;
11.1.3 the Hirer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 ;
11.1.4 the Hirer entering into or attempting to enter into a composition with creditors or (in the case of a limited company) going into liquidation except a voluntary liquidation for the purpose of amalgamation or reconstruction on terms previously approved by the Owner in writing;
11.1.5 a receiver or administrator being appointed in respect of the Hirer’s assets or any of them, or a meeting, whether formal or informal, being called of the Hirer’s creditors or any of them.
11.2 If the Hirer becomes subject to any of the events listed in clause 12.1, then, and without limiting any other right or remedy the Owner may have, the Owner may at any time require the Hirer to facilitate to collect the Equipment and, if the Hirer fails to do so promptly, enter any premises of the Hirer or of any third party where the Goods are stored in order to recover them.
12 SEVERANCE - LIMITATION OF LIABILITY
12.1 Neither party excludes its liability, if any, to the other party for:
12.1.1 death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable;
12.1.2 for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
12.1.3 any matter which it would be illegal for it to exclude or to attempt to exclude its liability.
12.2 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.3 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
As an obligation surviving termination of this agreement, the Hirer shall be responsible for and shall indemnify the Owner in respect of any claim made against the Owner and all damages, costs and expenses suffered or incurred by the Owner as a result of any third party claim arsing out of the state, condition or use of the Equipment or in any way arising out of the Equipment being let under this agreement.
14.1 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.2 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
14.3 Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by both parties.
14.4 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
14.5 Data Protection. The Hirer acknowledges and agrees that details of the Hirer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Owner in connection with the hire of the Equipment.