GENERAL CONDITIONS FOR HIRE AND/OR SALE OF EQUIPMENT
1. Definitions & Law
1.1 In these conditions the following specific words have the following meanings :-
“Company” means Sparta Services Limited t/a Fitness for Hire.
“Contract” means the complete Contract which incorporates these conditions and all other details relevant to the particular agreement and made between the customer and the Company for the hire of goods and/or the sale of products;
“Consumer” means a consumer as defined by the Unfair Contracts Terms 1977 or subsequent legislation.
“Customer” means the person, firm, company, agent or other person or organisation hiring the goods;
“Deposit” means any advance payment required by the Company in relation to the goods which is to be held as a security by the Company.
“Goods” means any article, machine, tool or other item specified in the Contract together with any other accessories delivered to the customer as part of the hire;
“Hire Period” means the longer of one month or the period commencing when the customer receives the goods on hire and including, Saturdays, Sundays and Bank Holidays and ending when the goods are received back by the Company. The hire period continues while goods are in transit between the Customer and the Company.
“Liability” means liability for all damages, expenses, costs, and any other losses;
“Rental Charges” means the Company’s charging rate which is current from time to time during the hire period. The initial charging rate is stated on the Contract.
“Services” means any work to be performed by the Company for the Customer in conjunction with the hire or recovery of goods including any delivery and/or collection service for the goods.
1.2 This Contract shall be construed in accordance with the Laws of England.
1.3 Nothing in this Contract shall be interpreted to exclude or limit any statutory rights of the Customer where such rights are not or cannot be excluded by the Contract and first Customer may be read as excluding Consumers or second each individual clause may be severed to achieve this.
2. Basis of Contract
2.1 Goods are hired subject to availability. The Company will not be liable for any loss suffered by the Customer as a result of Goods being unavailable or delivered late.
2.2 Where hire of Goods is to a Customer who is an individual acting as a Consumer or partnership (including an unincorporated body of persons) the duration of the hire period shall not exceed 3 months on the last day of which the Contract shall be deemed to be automatically terminated.
2.3 The Customer will pay the Rental Charges weekly in advance for each 7 day period (to include Saturday and Sunday) during the Hire Period with a minimum Hire Period of one month and continuing until Goods are restored to the Company in a clean and serviceable condition against the Company’s receipt. The Contract commences on the day of delivery and ends on the day of collection. All time is chargeable during the Hire Period. All charges are payable on demand. Any legal charges incurred in the recovery of Goods or money will be paid by the Customer.
2.4 The Customer will pay any charges levied for Services, insurance or loss or damage to Goods.
2.5 The customer warrants he has authority to sign the Contract.
2.6 The customer acknowledges the goods were received in good working order and wholly free from damage, unless upon first inspection the company has been immediately notified in writing.
2.7 Goods must not be moved from the address provided by the Customer on the Contract.
3. Further Conditions Concerning Payment & Charges
3.1 The amount of any deposit, rental charge and/or any charges for services shall be as quoted on the Contract unless subsequently varied by the Company by posting notice by ordinary First Class Post to any address supplied by the Customer and any such variation will be deemed to have been received within 3 days of posting. Where a Deposit is required for the Goods it must be paid in advance. The Company may also require an initial payment on account in advance and this is non-refundable.
3.2 The prices are unless otherwise stated inclusive of any applicable VAT.
3.3 Payment shall not be deemed to have been made until the Company has actually received cleared funds for the complete amount outstanding.
3.4 Prompt payment is an essential condition of the Contract and the Company reserves the right to terminate the Contract if payments are not made promptly.
3.5 If the Customer fails to make any payment in full on the due date the Company may in addition to its other remedies, charge the customer interest on the amount unpaid at the rate of 4% above the Bank base rate of HSBC from time to time in force.
3.6 Any funds received by the Company from the Customer may be applied by the Company at its sole option against any ancillary costs such as the cost of services or insurance or interest charged, prior to any application against any principal sums due.
3.7 The Customer shall pay all sums due to the Company without any deduction, counterclaim or any other withholding of funds.
3.8 The Company may set a credit limit for the Customer. The Company reserves the right to terminate the Contract if the credit limit is exceeded.
3.9 The Customer will pay for any costs associated with providing services or collecting or delivering Goods and will also pay for any loss caused by delays including delays caused by circumstances outside the Customer’s or Company’s control except where the Customer is acting as a consumer and the cause is force majeure.
4. Risk ownership and insurance
4.1 The risk in the Goods will pass immediately to the Customer when the Goods leave the physical possession of the Company. The Customer also carries the responsibility for the Goods during the time Goods are in transit, while being delivered to the Company from the Customer and also while being delivered from the Company to the Customer.
4.2 Risk in the Goods will not pass back to the Company until the Goods are back in the physical possession of the Company. This will apply even if the Company has agreed to cease charging for the Goods.
4.3 Ownership of the Goods remains at all times with the Company.
4.4 The Customer must not prejudice or deal with the ownership in the Goods for example, but without limitation, by giving as a lien, selling, assigning to third parties etc. The Customer may not re-hire the Goods to a third party without the prior written consent of the Company.
4.5 The Company will require the Customer to insure the Goods on terms specified by the Company. Any proceeds from insurance that relate to the Goods shall be held by the Customer in trust for the Company and should be paid on receipt to the Company. The Customer must not compromise any claim in respect of the Goods without the Company’s written consent.
4.6 The Customer must insure and keep the equipment insured under a fully comprehensive policy at the customer’s expense to their full replacement value. Insurance must include cover against the risk of loss or damage by fire, theft, accident or other risks including third party risks as are normally insured against in the case of equipment to which this contract relates.
5. Delivery & Collection
5.1 It is the responsibility of the Customer to collect the Goods from the Company and return them to the Company at the end of the Hire Period. If the Company agrees to deliver or collect the Goods it will be at the Customer’s risk. The Company will charge the Customer at its standard delivery cost and the Customer agrees to pay this cost and The Hire Period will continue until the goods are actually received by the Company.
5.2 Where the Company provides services such as the collection or delivery of the Goods on behalf of the Customer, any intermediaries collecting the Goods are acting as agents for the Customer. The Customer shall be solely responsible for any guidance given to such intermediaries and for any damage or loss which occurs as a result of any action by any intermediary e.g. Fedex, Post Office.
5.3 The Customer will provide access sufficient to allow the collection or delivery of Goods and will if necessary prepare the surface and take responsibility for the environment where goods are collected or delivered.
5.4 If the Customer cancels delivery within 24 hours of the agreed delivery time, or is not present at the agreed delivery time so as to take delivery of the Goods, a charge of up to £40 is payable.
6. Care of Goods The Customer shall:
6.1 Read and is deemed to have read any labels attached to the Goods, and operating instructions and observe the instructions and not remove any labels from the Goods.
6.2 Not interfere with any working mechanisms or any parts or modify them in any way.
6.3 Take reasonable care of the Goods and only use them for their normal purpose in accordance with the operating and/or safety instructions provided, at the premises to which the Goods were delivered.
6.4 Notify the Company immediately following any breakdown, loss or damage to the Goods.
6.5 Take adequate and proper measures to protect the Goods from theft, damage, fire and other risks.
6.6 Keep the Goods at all times in its possession and control and not remove the Goods from the country without the prior written consent of the Company.
6.7 Be responsible for any testing or checks in relation to the Goods required by legislation unless otherwise agreed. The Customer shall be responsible for day to day adjustments of the Goods including running belt alignment, seat, handle bar and pedal adjustments. The Company can impose a charge for call-outs concerning these items whether the Goods are hired or if the Goods have been sold and reported as faulty. The Customer shall ensure only persons of a suitable age use the equipment.
6.8 Not do anything which it has been notified may invalidate any Policy of Insurance relating to the Goods and will not use the Goods for any purposes or uses except the usual uses for the Goods, except with prior written consent from the Company
6.9 The Customer will notify the Company of any change of address and provide details of the location of the Goods on demand.
6.10 The Customer shall allow the Company at all reasonable times and upon reasonable notice to inspect and repair the Goods including procuring access to the property where the Goods are situated.
6.11 The Customer will be responsible for ensuring that the Goods are properly installed by a suitably qualified person.
7. Loss or damage to the Goods
7.1 The Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) together with all other documents relating to the Goods.
7.2 The Customer will pay for the replacement of the Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period with brand new goods of the same type, or where these are no longer available, with brand new goods of similar and equivalent type.
7.3 If the Goods are returned damaged, unclean and /or in a defective state, except where due to fair wear and tear and/or an inherent fault in the Goods, then the Customer shall be liable to pay the Company for the cost of any repair and/or cleaning required to return the Goods to a condition fit to re-hire and also to pay the Rental Charges and charges in accordance with the provisions of clause 2.4 until such repairs and/or cleaning have been completed.
7.4 The Customer shall pay the Rental Charges for the Goods up to and including the date it notifies the Company that the Goods have been lost, stolen, and/or damaged beyond economic repair. From that date until the Company has replaced the Goods the Customer shall pay as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental Charges that would have applied for such goods for that period. The Company shall use reasonable commercial endeavours to purchase replacements for the Goods as quickly as possible.
8. Breakdown of Goods
8.1 The Customer must not continue to use the Goods where they have been damaged in any way, or where the Goods have caused any injury, however small will notify the Company immediately if any damage or injury occurs or is noticed.
8.2 The Customer will notify the Company immediately if the Goods are involved in any accident or are damaged in any way and the Company will not be liable for any accident or injury to any other person caused by the continued use of the Goods.
8.3 The Customer must not repair or attempt to repair the Goods unless authorised to do so in writing by the Company.
8.4 A refund will be made in relation to the Rental Charges to the Customer for any period during which the goods cannot be used due to breakdown if caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Company as soon as practicable of the breakdown.
8.5 The Customer shall be responsible for all expenses, loss (including loss of rentals) and/or damage suffered by the Company arising from any breakdown of the Goods due to the Customers negligence or misuse of the Goods.
8.6 The Company will at its own cost carry out all routine maintenance and repairs to the Goods if required during the Hire Period and all repairs which are required due to fair, wear and tear and/or an inherent fault in the Goods.
8.7 The Customer will be responsible for the costs of all repairs necessary to the Goods during the Hire Period which arise otherwise than as a result of fair, wear and tear and inherent fault or of the negligence of the Company while carrying out routine repairs.
9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 the Customer shall not be entitled to terminate the Contract before the expiry of that fixed period unless agreed in writing with the Company, and if the Customer wishes to terminate the Contract within that period the Company is entitled to the full amount payable under the Contract payable immediately, together with a cancellation surcharge. The Company reserves the right to terminate the Contract at any time, upon giving seven days’ written notice, without prior explanation.
9.2 If the Hire Period does not have a fixed duration either the Customer or the Company is entitled to terminate the Contract after one month upon giving in writing to the other party any agreed period of notice.
9.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Goods to the Company., but if the Hire Period is less than one month the Customer must still pay Rental Charges for one full month
9.4 If no period of notice has been agreed or specified the Company shall be entitled to terminate the hire of the Goods by giving not less than 7 days notice to the Customer, without further explanation.
10.1 If the Customer fails to make any payment to the Company when due or breaches the terms of the Contract and where the breach is capable of remedy has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied, or persistently breaches the terms of the Contract, or provides incomplete, materially incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract, or pledges charges or creates any form of security over any Goods or proposes to compound with its creditors, or creates a trust deed for its creditors, or applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, or if execution or other legal process is levied on any property of the Customer, or if the customer has a Bankruptcy Petition for sequestration presented against it, or the Customer takes or suffers any similar action in any jurisdiction being a Company, or ceases or threatens to cease to carry on business, or enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver, or any attachment order/arrestment is made against the Customer, or any distress/diligence, execution or other legal process is levied on any property of the Customer or if the Customer takes or suffers any similar action in any jurisdiction; or;
10.2 if the Customer appears reasonably to the Company, as a result of the Customer’s credit rating, unable to meet its obligations under the Contract; then a) the Company may terminate the Contract without notice and: b) all monies owed by the Customer to the Company up to the date of the termination shall immediately become due and payable; c) the Customer shall immediately pay all arrears of Rental Charges, charges for services and any other sums payable; d) and in addition the Company may: i) enter any premises of the Customer without prior notice under this or any other Contract and repossess any Goods under this or any other Contract and any repossession shall not affect the Company’s right to recover any monies due under the contract prior to the repossession of the Goods; ii) withhold the performance of any services and cease any services in progress under this or any other Contact; iii) terminate the Contract without liability to the Customer and the Customer shall make the goods available for collection;
11. Limitations of Liability
11.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.2 If the Company is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Company’s Liability will be limited to the retail value of the damaged property.
11.3 Any defective Goods must be returned to the Company for inspection if requested by the Company before the Company will have any Liability for defective Goods.
11.4 The Company shall have no Liability to the Customer if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment.
11.5 The Company shall have no Liability for additional damage, loss, liability claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
11.6 The Customer shall give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Company shall have no Liability to the Customer.
11.7 The Company shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Company.
11.8 The Company shall have no Liability to the Customer for any:-
11.8.1 consequential losses (including loss of profits and/or damage to goodwill);
11.8.2 economic and/or other similar losses;
11.8.3 special damages and indirect losses; and/or
11.8.4 business interruption, loss of business, contracts and/or opportunity.
11.9 The Company’s total liability to the Customer In relation to any Contract shall not exceed 5 times the sum total of the Rental Charges and charges for Services (if any) under that Contract or the sum of £1,000/e1250, whichever is the higher. To the extent that any Liability of the Company would be met by any insurance of the Company then the Liability of the Company shall be extended to the extent that such liability is met by such insurance.
11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
11.10.1 liability for breach of contract;
11.10.2 liability in tort/delict (including negligence) and
11.10.3 liability for breach of statutory and/or common law duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
11.11 The Customer shall at all times and in all respects indemnify the Company against and from any and every expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury and any damage to the Goods or other property whatsoever arising out of the hire and during the whole Hire Period. This sub clause shall not apply where the Customer is a Consumer and the liability results from the breach of contract or negligence of the Company.
11.12 The Customer acknowledges he has been instructed in the safe operation of the goods and will ensure no one uses the goods who has not been so instructed.
12.1 Upon termination of the Contract the provisions of clauses 2.3, 3.5, 3.6, 7 and Sections 6 and 11 shall continue in full force and effect.
12.2 Each hire of an item of Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Goods.
12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
12.4 The Customer agrees to indemnify and keep indemnified the Company against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Company and arising from or due to any breach of contract, any tortuous/delictual act and/or omission and/or any breach of statutory duty by the Customer.
12.5 No waiver by the Company of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.6 The Company shall have no liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Company is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Company has an outstanding finance agreement relating to the Goods. Such finance company shall, subject to the Company’s consent, have the right to enforce this Contract as if they were the Company.