In these Terms & Conditions of Hire the following words shall have the following meanings: -
"OWNER" J Williams (SO Trading), cheapsatnavhire.co.uk
"HIRER" Means the Hirer of the Equipment
"EQUIPMENT" Means the products or Equipment itemised on the Confirmation of Order or Invoice and these Terms & Conditions shall apply to the agreement under which the Equipment is to be rented
This Agreement is a Hire Agreement, under its terms the Owner hires the Equipment to you. At no time does the equipment become yours and you are not permitted to either lease or sell it.
2. YOUR OBLIGATIONS UNDER THIS AGREEMENT
2.1 Not modify the Equipment. The Owner reserves the right to charge you for remedying any damage resulting from use otherwise than in accordance with the manufacturer's instructions.
2.2 Keep the Equipment safe at all times and remove all equipment from vehicles when left unattended.
2.4 Insure the Equipment against all risks for the value of the Equipment, which is £500:00.
3.1 The Equipment is at your risk.
3.2 The Owner hereby warrants to the Hirer that each item of Equipment, when delivered, will be in fully serviceable condition and complies with the manufacturer's proper specification.
3.3 The Owners liability hereunder will in no circumstances exceed a sum equivalent to the total rentals received by the Owner. The foregoing warranty and damages for breach thereof are the exclusive warranty and damages for breach thereof are in lieu of any oral representation and all other warranties and damages whether implied or statutory. The Owner does not warrant the merchantability of the Equipment or its fitness or suitability for any particular purpose or use. The Hirer should be solely responsible and hold the Owners fully indemnified against any loss damage or injury (including death) to persons or property occurring in connection with any of the said Equipment or as a result of the use thereof.
3.4 The Owner accepts no liability in contract or tort for any loss, injury or damage, (including consequential or financial loss) sustained by reason of latent, apparent or patent defects in the Equipment, parts or consumables, or late, or non delivery. This does not apply to death or personal injury as a direct result of the Owner's negligence.
3.5 Notification of a defect to the Owner does not in itself give you the right to vary or terminate this agreement, but if the Owner does not receive such notice from you within 2 days of the acceptance date, then it will be presumed that the Equipment is complete in good working order and condition and fit for all purposes for which it may be required.
3.6 You acknowledge that the Owner is not responsible for any loss damage or expense resulting from delay in the delivery or installation of the Equipment.
4. PERIOD OF HIRE
4.1 The period of hire will be agreed at the outset. All hires start at 1pm on the day of delivery and end at 1pm on the day of return.
5. COMMENCEMENT AND END OF HIRE
5.1 Hire commences on the day the Equipment is delivered, to the Hirer's advised delivery point. End of hire is the day the unit is handed to the post office for guaranteed next day by 1pm service. Late returns are payable at £10.00 a day.
6. SAT NAV OPERATION
6.1 Unless contacted within 24 hours of receipt it is assumed that the SatNav and associated equipment was delivered in working order and all items included.
7. TRANSPORTATION AND OTHER CHARGES
7.1 In addition to the hire charge a separate charge may be made in respect of initial delivery, subsequent collection and miscellaneous charges as previously agreed in writing. It is the responsibility of the Hirer to arrange the prompt return of the Equipment to our premises through ‘Royal Mail Special Delivery’.
7.2 All packing materials are chargeable in full if not returned upon completion of hire.
8. DELIVERY ADDRESS DETAILS
8.1 The hirer is responsible for ensuring that the delivery address is correct. If the company are not able to make delivery due to a wrong address being supplied then a charge of £20.00 will be made to cover our cost and loss of rental.
9. DAMAGE TO AND/OR LOSS OF EQUIPMENT
9.1 The Hirer will in its use of the said Equipment observe all the instructions that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said Equipment through failure to observe such instructions or failure to use the same in a proper manner. The Hirer will be responsible for the replacement cost of any damaged or lost components of the unit or any repair. The Owner accepts no responsibility or liability for any damage to or failure of operation of the Equipment due to any incompatibility with any other Equipment used by the Hirer and the Hirer shall bear all liability thereof.
10. NON RETURN OF EQUIPMENT
10.1 The Hirer will be responsible for the safe return of the unit and all its component parts. The Hirer will be responsible for hire cost until such time as the unit and/or any missing components are returned at the rate of £10.00 a day.
11.1 The Owner may by due notice in writing terminate this agreement and/or the Hirer's right to possession of the Equipment at any time during the continuance of the agreement if any of the following events shall have occurred namely: -
11.1.1 A repudiator breach by you constituted by your failure to observe or perform any obligation under this agreement (including a failure to pay rentals on the due date whether demanded or not)
11.1.2 Any distress, execution or legal process levied on the Equipment or any premises where the Equipment may be or upon any of your goods or other property or you permit any Judgment against you to remain unsatisfied for seven days
11.1.3 If you, being an individual, have an interim or final bankruptcy order made against you or become subject to any voluntary arrangement or are sequestrated or negotiate for any composition arrangement or assignment with any of your creditors
11.1.4 If you, being a body corporate, go into administration or liquidation or have a Receiver or Administrative Receiver appointed over all or any of your assets or are deemed under Section 123 of the Insolvency Act 1986 to be unable to pay your debts
11.2 Immediately upon termination you shall pay to the Owner all arrears of rentals at the date of termination and as agreed compensation for loss of profits, the aggregate of all sums equal to all rentals which but for such termination would have been payable but you during the remainder of the terms of this agreement discounted for early payment at the rate of 5% per annum and you shall also deliver the Equipment to the Owner as hereinafter provided. Upon recovery of possession of the Equipment the Owner will use all reasonable endeavours to sell it and the net proceeds of sale will be applied against your liability under this section.
11.3 Upon expiry of this agreement howsoever arising you shall return the Equipment to the premises nominated by the Owner. In default of delivery up the Owner shall be entitled to enter into any premises where the Equipment is situate in order to take possession of the same.
12.1 Cancellation of any order can only be accepted with the Owners written consent on terms which indemnify the Owner against loss.
12.2 All deposits are non refundable.
12.3 Cancellations charges are as follows:
7+ days notice = £10.00
3-7 days notice = 50% of hire charge or £15.00 (whichever is greater)
0-2 days notice = 100% of hire charge or £15.00 (whichever is greater)
No refunds will be given for rentals ended early or cancellations made after the rental start date. Should you choose not to use the equipment or fail to inform us of your correct delivery date which results in the system not reaching you in time we will be unable to make any refunds.
12.4 All cancellations must be made in writing, emailed to firstname.lastname@example.org and will take effect from the date received by us
13.1 Notice under the terms of this agreement shall mean any notice, letter or demand in writing. Notices may be given by either party to the other by posting the same in the ordinary first class mail to the address of the other party as advised by them or to such other address as may previously have been advised in writing. Any notice shall be deemed to have been received three days after posting to the address supplied or advised. If the Hirer consists of more than one person, a notice, letter or demand posted to one of them at the address supplied will be deemed to have been received by each of them three days after posting.
14. CONSUMER CREDIT ACT
If the Hirer is a body corporate or a registered Charity or if the total of the payments which it is required to make under this agreement exceeds £15,001 including VAT, then this agreement is not regulated by the Consumer Credit Act 1974 and any statement herein or any copy hereof to that effect and the consequences of regulation are inapplicable.
15. JOINT HIRERS
Where two or more of you are parties to this agreement as Hirers your liabilities hereunder shall be joint and several.
16. ENTIRE AGREEMENT
The Owner hires the Equipment to you upon these Terms and the Conditions which represent the entire agreement between you and the Owner. Any variation to the Terms and Conditions shall not bind the Owner unless the same is confirmed in writing and signed by a Director of the Owner. Any failure by the Owner to enforce the terms of this agreement at any time or other indulgence granted to the Hirer shall not operate as a waive as the rights of the Owner.
17. FORCE MAJEURE
The Owner accepts no liability for delay or non-fulfilment of any terms of any order by a Hirer caused wholly or in part by force majeure which express shall be deemed to include war, strikes, lock outs, accidents, fire, scarcity of materials or any other cause or causes not within the Owners direct control.
18. VAT CHARGES
We are not VAT registered and therefore do not raise this charge.
19 . HIRERS LIABILITY UNDER THE INCORPORATED AUTHORISATION AGREEMENT PROVISIONS
19.1 The Hirer shall be deemed to have notice of all the provisions of the Authorisation Agreement made between the hirer and the Owner dated the contract. The Hirer agrees to observe perform and comply with all the provisions of the said Authorisation Agreement on the part of the Owner to be observed performed and complied with so far as they relate and apply to the Terms and Conditions of Hire or any part thereof (except insofar as they are varied by these Terms and Conditions) in the same way in all respects as if the Hirer were the Owner under the Authorisation Agreement.
19.2 The Hirer shall indemnify and keep indemnified and hold harmless the Owner against and from :-
19.2.1 Any breach non-observance or non-performance by the Hirer his employees servants or agents of the said provisions of the Authorisation Agreement or any of them and
19.2.2 Any act omission or default of the Hirer his employees servants or agents which involves the Owner in any liability to and
19.2.3 Any claim damage loss or expense due to or resulting from any negligence or breach of duty on the part of the Hirer his employees servants or agents.
19.3 In the event of any breach non-observance or non-performance by the Hirer of the said provisions of the Authorisation Agreement the Owner shall have the same rights in all respects against the Hirer.
20. GOVERNING LAW
This agreement shall be governed by the Law of England. Both parties submit to the non-exclusive jurisdiction of the English Courts. By hiring the GPS unit you agree to these terms and conditions