These Terms and Conditions are the standard terms for the hire of a Domestic Appliance by WASHERMAN RENTALS LTD, a company registered in Wales under 5107031 of 2 Isaacs Place, Port Talbot, SA12 6NP
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Authorised Repairer” means the service engineer(s) authorised by Us to effect repairs to Equipment;
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Agreement” means the Agreement for the hire of the Equipment by You from Us, as explained in Clause 2;
“Deposit” means the sum payable at the time of Your Order that is required to secure your Order;
“Equipment” means the equipment as listed on this form supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Equipment;
“Month” means a calendar month;
“Price” means the total price payable for the hire of the Equipment;
“Order” means Your order for the Equipment;
“Payments” means the rental payments as listed in the Key Financial Information box as varied from time to time. Payment shall be construed accordingly;
“Premises” the address as specified above where the Equipment is kept, or such other address as You may from time to time advise Us;
“Security Deposit” means the sum payable under sub-Clause 5.5 to cover the non-return, loss, theft or non-accidental damage of the Washing Equipment;
“We/Us/Our” means Washerman Rentals Ltd, a company registered in Wales under 5107031 of 2 Isaacs Place, Port Talbot, SA12 6NP and includes all employees and agents of Washerman Rentals Ltd; and
“You” means you, the hirer of the Equipment.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference the singular number shall include the plural and vice versa where appropriate.
2. The Agreement
2.1 These Terms and Conditions govern the hire of Equipment from Us and will form the basis of the Agreement between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 We may vary any item of the Agreement upon giving You reasonable notice. In the event that You do not accept the variation, You may terminate the Agreement without penalty.
3. Our Responsibilities / Rights / Liabilities
3.1 We agree to service and repair the Equipment during the term of the Agreement free of charge to you except where the Equipment failure is due to; misuse; neglect; wilful acts; theft or accidental damage; defects in any software; interference by a third party or any of the events in Clause 3.3 occurs.
3.2 We may if We wish replace the Equipment for any length of time with similar equipment (which will be of a type and model equivalent to or better than that being replaced) which will also be subject to these conditions.
3.3 We may terminate the Agreement or any part of it on the happening of any one or more of the following events by giving any due notice required by law:
3.3.1 You are in serious breach of the terms and conditions of this Agreement and You fail to make good the breach within 7 days of receiving written notice from Us to do so;
3.3.2 We consider (at our discretion) that the Equipment can no longer be economically serviced, in this event We will discuss with you the availability of suitable alternative Equipment;
3.3.3 You move or propose to move outside our service area;
3.3.4 A bankruptcy petition is presented against You or You call any meeting of your creditors or execute any assignment for their benefit;
3.3.5 You have given materially false information, which We have relied on, in connection with this Agreement (whether or not recorded on the form);
3.3.6 Any distress or execution should be levied on Your property or assets;
3.3.7 Our Equipment is lost, stolen, seized or confiscated;
3.3.8 We reasonably consider Our Equipment or Our interest in Our Equipment to be in jeopardy; or
3.3.9 For any reason on giving you at least one month’s written notice ending on a normal payment date on or after the end of the Minimum Hire Period shown above and then in each and every case listed 3.3.1 – 3.3.9 You shall no longer be in or entitled to possession of Our Equipment with Our consent.
3.4 We will not be under any liability apart from those obligations imposed by statute which cannot be excluded, to You in respect of any injury, loss or damage of whatever kind and however caused whether direct, indirect or consequential arising out of the provision, use, installation, removal, replacement or repair of the Equipment. You are advised to therefore take out insurance in respect of all such matters.
3.5 We shall retain ownership of the Equipment throughout the term of this Agreement.
3.6 We may assign this Agreement to another person or allow another person to take over Our part of this Agreement. In any such case We shall endeavour to ensure that Your rights under any contract are protected.
3.7 If it is necessary for Us to write to You as a result of a breach by You of any of Your obligations under this Agreement We reserve the right, at our discretion, to add reasonable administration charges to Your account in accordance with Our then current charge rate.
3.8 As part of our efforts to further improve our service to customers, telephone calls with customers may be recorded from time to time to assist with training. When this happens no prior warning is given. The tapes which are retained only for a short period of time, are kept confidential and are only used for the purposes described.
3.9 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your rights as a consumer.
4. Your Responsibilities / Rights / Liabilities
4.1 From the date of delivery of the Equipment to You the Equipment shall be at your risk and You shall insure the same with an insurance company approved by us in respect of accidental damage theft, storm and lightning damage.
4.2 You shall not use the Equipment for any unauthorised commercial purpose or any unauthorised use connected with a business or profession.
4.3 You acknowledge that We remain the owners of the Equipment. You agree not to use the Equipment as security for a loan or other form of credit or to sell ,hire or dispose of it.
4.4 You must protect the Equipment if anyone (for example a bailiff) threatens or takes any step to take the Equipment to satisfy a debt. You will be held responsible for any financial loss suffered by us as a result of the Equipment being taken to satisfy a debt. You must inform us immediately if anyone threatens to take such action so that we can terminate the Agreement under clause
4.3 above and take steps to repossess the Equipment.
4.5 You shall not interfere or permit interference with the Equipment.
4.6 You must ensure that the Equipment is cared for and used in accordance with the manufacturer(s) operating manual(s) and/or any other instructions of care and use (which you must keep) and You must obtain any license required for the operation of the Equipment.
4.7 You shall be responsible for all liability and claims arising out of the possession or use of the Equipment except liability for personnel injury or damage caused by Our negligence or Our breach of contract.
4.8 You must allow the Authorised Repairers and Our agents and representatives access to the Equipment at all reasonable times for the purpose of repair, adjustment, inspection or removal.
4.9 You have the right to terminate this Agreement at any time after the start of the Hire Period specified in the Key Financial Information on the Form by giving at least one month's written notice to expire on a Payment Date by which time all Payments due are to be paid and the Equipment returned; and in both instances where more than one item of Equipment has been hired pursuant to the Agreement. You may terminate the Agreement insofar as it relates to any one or more items of Equipment.
4.10 When this Agreement comes to an end You shall no longer be in or entitled to possession of the Equipment with Our consent and the Equipment must be delivered up in good condition (fair wear and tear accepted). We will seek Your permission to enter Your premises to collect the Equipment. If you do not give your permission You must pay the Payments until We obtain any necessary Order from the Court and enter Your premises to collect the Equipment .
4.11 You shall not remove the Equipment from the address stated on the Form unless you have our prior written consent. If we reasonably consider it appropriate, You must employ an Authorised Repairer to move any of the Equipment .
4.12 You may not assign any of Your rights under this Agreement without Our prior written consent.
4.13 An administration fee is payable for the opening of a new account in the amount of the fee is included in the box above.
5. Your Obligations
5.1 When making Your Order, You will be required to supply the following information:
5.1.1 Full Name;
5.1.2 Date of Birth;
5.1.4 Contact Number.
5.1.5 Relatives address;
6. Hire Period
We shall supply and You shall rent the Equipment as set out above and in accordance with the terms and conditions set out in this Agreement until terminated in accordance with these Conditions.
7. Fees and Payment
7.1 The Hire Price for the Equipment will be that shown in the Key Financial Information Section above Our current price at the time of Your Order.
7.2 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
7.3 All Prices include VAT at 20%. If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.
8.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:
8.1.1 For Orders cancelled more than 24 hrs before the start of the Hire Period, there will be no charge and Your Deposit will be refunded in full. 8.1.2 For Orders cancelled on the day that the Hire Period begins, We will retain Your Deposit and the delivery charge will also be payable.
8.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
9. Collection and Return
9.1 The Hire Period begins at the date of delivery as signed for above.
9.2 You should check the Equipment at the time of delivery. If there is any visible damage to the Equipment, You should inform Us immediately, before we leave. We will use all reasonable endeavours to replace damaged Equipment.
10. Loss and Damage
10.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to the Equipment.
10.2 You will not be responsible for any pre-existing damage to the Equipment that has already been identified under sub-Clause 9.2 at the time of delivery.
10.3 Full details of all charges are available on request.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform You as soon as is reasonably possible;
11.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
11.2.3 If the Agreement is cancelled under this Clause 11 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
12. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us in person by telephone at 01639 888637, by email at email@example.com, or by prepaid post at Washerman Rentals Ltd, 2 Isaacs Place, Port Talbot, SA12 6NP.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
13.2 We may use Your personal information to:
13.2.1 Provide Our products and services to You; 13.2.2 Process Your payments; and 13.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
13.3 We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].
14. Other Important Terms
14.1 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.3 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions (and the Agreement) (including any non-Agreementual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions (or the Agreement) (including any non-Agreementual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.