1 Definitions
The following definitions shall apply in the Agreement:
“Contract” means the contract between the Owner and the Hirer for the Rental of the Equipment.
“Data Protection Legislation” means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
“Equipment” means the equipment which is provided to the Hirer under the Contract and delivered to the Hirer and detailed further on the Order Form.
“Hire Gym Equipment Limited” is hereinafter referred to as the “Owner”.
“Order Form” means the order form to which these terms are appended.
“Rental Fee” means the amount payable by the Hirer to the Owner for the hire of the Equipment for periods of one (1) calendar week.
“Rental” is the provision of the Equipment by the Owner to the Hirer for the Hirer’s use for an agreed period and at an agreed cost and subject to the terms and conditions set out below.
2 Rental Period
2.1 The Contract shall commence on the day of delivery of the Equipment and shall terminate on the day of collection of the Equipment.
2.2 The Rental will be charged every 4 weeks of the hire.
2.3 The minimum period of Rental is eight calendar weeks.
2.4 The Equipment is being hired upon the terms and conditions set out in this document including the terms specified in the cover sheet overleaf.
2.5 If more than one item of Equipment is let to the Hirer under this Agreement, the Rental Fee for each item bears the same relationship to the Rental Fee shown above as its cash price bears to the total cash price of the Equipment. The Owner shall not be obliged to make the Equipment available until the Hirer’s right to cancel the Agreement has expired without being exercised.
2.6 The Hirer acknowledges that the Equipment is being hired to it for personal use only and not in connection with a business.
3 Rental Charges
3.1 The Rental Fee shall be payable in advance for periods of 4 weeks or such shorter period as the Owner may agree.
3.2 If the Hirer does not make the Equipment available for collection on termination of the Contract, the Hirer shall be responsible for the Rental Fee until the Equipment is collected by the Owner. Should the Hirer make the Equipment available to the Owner before the end of the agreed rental period, the Owner shall be entitled to charge the Hirer the full amount or a proportion of the Rental Fee that the Owner deems appropriate.
3.3 The Owner shall be entitled to vary the amount of the Rental Fee at any time after the expiry of the minimum rental period and by giving the Hirer not less than four (4) weeks’ notice in writing.
3.4 The Rental Fee is inclusive of Value Added Tax.
3.5 On termination, the final Rental Fee is calculated to include any complete and incomplete weeks hired.
4 Payment
4.1 Following the Advance Rental Fee, the subsequent Rental Fee shall be paid by the Hirer to the Owner as detailed in the Order Form in advance for the period they have selected on their initial hire.
4.2 Renewal payment must be made on time and the Hirer will be given 14 days notice to see if they intend to extend their hire.
4.3 Failure to pay may, at the discretion of Owner, result in the termination of the Contract.
4.4 During the Contract, the Owner reserves the right to charge interest on overdue Rental Fees at the rate of 4 % a year above FHBR from time to time in force and an administration fee of £50.00 in respect of each late payment.
4.5 Due to VAT rounding there may be a small discrepancy in the rental fee due by plus or minus £0.01.
4.6 All payments must include the appropriate amount of any VAT on it and be made without previous demand and to no one but the Owner without the Owner’s prior written consent. Any payment sent to the Hirer by post will be at the Hirer’s risk.
5 References
Prior to accepting any order, the Owner may at its discretion request references, proof of identity and proof of residence.
6 Acceptance
6.1 It is the Hirer’s responsibility to satisfy itself that the Equipment supplied by the Owner corresponds to the Order Form and is in working order. Any part of the Equipment found to be faulty, or not found to correspond with the Order Form, must be notified by the Hirer to the Owner within one working day of receipt of the Equipment. Failure to do so will render the Hirer responsible for the payment of the Rental Fee up to the time of notification.
6.2 Notwithstanding the above, the Owner shall not be liable in any way by reason of, or as a result of, any defects in the Equipment however caused, except that the Owner does not exclude or restrict its liability for death or personal injury resulting from the Owner’s negligence including that of its employees in the course of their employment by it.
6.3 No one, other than the Owner’s employees, have any authority to make on the Owner’s behalf any representation concerning the Equipment or letting under this Agreement.
6.4 The hirer authorises the Owner to store payment card details on file and with the concent that this card will be charged for any damages, loss of parts or whole pieces of equipment due to the negligence of the hirer. The hirer will also receive a bill with these amounts charged.
7 Suitability
It is the Hirer’s responsibility to ensure that the Equipment is, if necessary, compatible with existing installations, and is suitable for all of the Hirer’s requirements. The Owner shall have no liability to the Hirer (or to any third party) in this regard.
8 Substitution
The Owner reserves the right to substitute the Equipment with alternative equipment of an equal or higher specification (which, for the purposes of interpreting the Contract, shall become the Equipment). On termination of the Contract the Hirer may not substitute any Equipment delivered by the Owner.
9 Responsibilities of Hirer
9.1 The Hirer acknowledges that by signing the Contract he has been instructed and understands how to safely operate the Equipment. The Hirer undertakes to ensure no one else uses the Equipment who is not properly instructed and shall not allow the Equipment to be used in any way other than in accordance with the instructions of the Owner.
9.2 The Hirer shall use the Equipment properly and ensure that it will be safe and without risk to health.
9.3 Save in respect of death or personal injury caused by the Owner’s negligence, the Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever in respect of any
personal injury or loss whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property
whatsoever (including the Equipment) or injury to any person arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Equipment or any part thereof.
9.4 The Owner shall not be liable for any consequential liability, however caused by the late delivery, late collection, non-delivery, unsuitability, breakdown or failure of the Equipment.
9.5 The Hirer will ensure that the Equipment is not used by anyone under the age of 16 years old.
9.6 The Hirer shall not at any time, sell, assign, mortgage, charge or sublet the Equipment or any interest in them or the benefit of this Agreement.
10 Insurance
10.1 The Hirer indemnifies the Owner against any loss or damage to the Equipment and against any loss, damage or injury caused by the Equipment (except for any caused by the Owner’s own negligence) in so far as it is not covered by insurance of the Equipment. This obligation shall survive termination of the Agreement.
10.2 The Hirer shall indemnify the Owner in respect of any claims made against the Owner and all damages, costs and expenses suffered or incurred by us as a result of any third party claim arising out of the state, condition or use of the Equipment or in any way arising out of the Equipment being let under this Agreement. This obligation shall survive termination of the Agreement.
10.3 The Hirer must insure and keep the Equipment insured under a fully comprehensive policy at the Hirer’s expense to their full replacement value with a reputable insurer chosen by the Hirer with the Owner’s interest noted on the policy. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which the Contract relates. The Hirer must have the Owner’s interest noted on the policy.
10.4 The Hirer will produce to the Owner on demand evidence of the insurance cover and of the payments of premiums under the insurance policy.
10.5 The Hirer must notify the Insurers and the Owner promptly of any loss of or damage to the Equipment and hold any insurance monies in trust for the Owner.
10.6 The Hirer irrevocably authorises the Owner to negotiate with the insurers to settle any insurance claim and to receive the insurance monies.
10.7 The Owner shall apply the insurance monies as follows:
10.7.1. in making good any damage;
10.7.2. in replacing the Equipment with goods of a similar type to which the terms of the Agreement will apply;
10.7.3. in compensating the Owner for any loss or damage which it may suffer or incur.
10.8 The Hirer agrees to pay any shortfall to the Owner on demand.
10.9 Any loss of or damage to the Equipment shall not affect the continuance of this Contract.
10.10 If the Hirer fails to pay any insurance premium the Owner may, but shall not be obliged to, pay the same and the Hirer will reimburse the Owner on demand.
11 Conditions & Warranties
The Hirer is entitled to the benefit of all conditions, warranties or other terms express or implied, relating to the Equipment given by the suppliers or manufacturers of them to us (so far as the Owner are entitled to transfer it), but the Owner does not let the Equipment subject to any condition, warranty or other term express or implied save those implied by section 7 of the Supply of Equipment and Services Act 1982 (relating to our right to transfer possession of the Equipment and your right to quiet possession of them), so that, without prejudice to the generality of the above, there is excluded:
11.1 in cases where the Equipment are let by reference to a description, any condition that the Equipment will correspond with the description; or
11.2 any condition of satisfactory quality of the Equipment; or
11.3 any condition of fitness of the Equipment for any particular purpose; or
11.4 where the Equipment are let by reference to a sample, any condition that the bulk will correspond with the sample in quality, that the Hirer will have a reasonable opportunity of comparing the bulk with the sample and that the Equipment will be free from any defect.
12 Equipment Location
12.1 The Equipment, during the Rental, should remain in the Hirer’s sole possession at the delivery address and should only be relocated with the prior written consent of the Owner.
12.2 The Hirer shall allow the Owner access to inspect the Equipment at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the Equipment under the terms stipulated herein.
13 Modification to Equipment
The Equipment shall not be altered, modified, adjusted, defaced or repaired by the Hirer. Doing so will render the Hirer liable for the full replacement cost of the Equipment.
14 Care of Equipment
14.1 The Hirer shall at his own expense keep the Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations. The Hirer undertakes not to remove, alter or interfere, or permit removal, alteration or interference with, any identification marks or serial numbers affixed to the Equipment, or to deface or add to the Equipment. The Hirer shall not allow the Equipment to become, in the Owner’s opinion, in jeopardy.
14.2 The Hirer shall pay all costs incurred by the Owner in rectifying any damage or cleaning of the Equipment. The Rental Fees will continue until such rectification is complete.
14.3 The Equipment must be kept in a clean, good condition. A charge of up to £50 may be made for cleaning the Equipment if when collected by the Owner, it is in an unsatisfactory condition.
14.4 The Hirer shall be responsible for loss of, or damage to, or caused by, the Equipment and shall replace or repair the Equipment at the Owner’s direction.
14.5 The Hirer must immediately give notice in writing to the Owner of any material loss of, or damage to, the Equipment.
14.6 The Hirer authorises the Owner to charge the hirer card details on file to recoup and costs occurred due to the Hirer miss use of the equipment leading to any damage, faults or loss.
15 Maintenance
15.1 In the event of Equipment failure, the Owner will use reasonable endeavours to repair or replace the Equipment with the same or similar/higher specification equipment, within five working days at no charge to the Hirer. Should the Equipment failure prove to be due to misuse or the fault of the Hirer, the Owner reserves the right to pass on the repair costs and engineering charges to the Hirer. Under no circumstances shall the Hirer attempt any repairs or maintenance of the Equipment.
15.2 The Hirer is responsible for day to day adjustment and care of the equipment (for example: running belt alignment, pedal, handle bar and seat adjustments) in accordance with the Owner’s instructions. The Owner will impose a charge of up to £50.00 for visits to the Equipment for matters of this nature.
15.3 The Hirer shall not pledge the Owner’s credit nor permit any lien to be created on the Equipment.
16 Default
The Owner may, upon any breach by the Hirer of any of the provisions of this Agreement, after due notice, terminate this Agreement and upon that happening this Agreement and the hiring constituted by it shall determine and the Hirer shall no longer be in possession of the Equipment with the Owner’s consent and, subject to the Owner’s right to take possession of the Equipment and to recover from the Hirer its recoverable losses and to any of the Hirer’s pre-existing liabilities to the Owner, neither party shall have rights against the other.
17 Termination by the Hirer
17.1 The Rental will terminate within fourteen days of the Owner receiving written notification that the Hirer wishes to terminate the Contract after the expiry date of any fixed minimum contract period. If the Hirer does not contact the Owner in writing fourteen days prior to the end of minimum contract period, the Contract shall continue until fourteen days after the Owner receives written notice of termination from the Hirer.
17.2 The Hirer may terminate the Contract prior to completion of the Contract, by agreement in writing of both parties. If the Hirer terminates the Contract prior to the expiry of any fixed period but after the Cooling Off Period, the Owner reserves the right to charge the lower of:
17.2.1. where the Hirer had the benefit of a reduced Rental Fee due to a long term rental period, the Rental Fee that would have been payable for a shorter rental period in addition to a £60 administration fee; or
17.2.2. the total Rental Fee that would have been payable for the remaining term of the Contract, to cover the Owner’s costs and losses including administrative and collection charges, resulting from such termination.
18 Termination by the Owner
18.1 The Owner may terminate the Rental if the Hirer is in breach of the Contract, or is in default of any payment due, or in the Owner’s sole opinion may become in breach or default during the period of Rental.
18.2 The Owner shall be entitled at any time and for any reason without explanation terminate this Contract by giving the Hirer 7 days’ notice in writing.
19 Return of Equipment
Given the size and weight of the Equipment, the Owner shall collect the Equipment at the Hirer’s expense on the expiry or termination of the Equipment or as otherwise provided for in this Agreement. The Hirer must not in any circumstance attempt to return or deliver the Equipment to the Owner. The Hirer must make the Equipment available for collection in a condition consistent with its obligations under this Agreement at the location within the United Kingdom and at the time and on the date specified by the Owner. Any costs incurred by the Owner as a result of the Hirer’s failure or delay in making the Equipment available for collection shall be charged to the Hirer.
20 Liability
20.1 The Hirer expressly acknowledges that the Owners are not the original manufacturer or supplier of the Equipment, and that the Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Equipment or its fitness for any purpose are hereby expressly excluded to the fullest extent permitted by law.
20.2 The Hirer acknowledges that the Owner or its representatives are not qualified to advise the Hirer on any aspects of physical exercise or personal health. The Hirer should consult his Doctor before undertaking in any strenuous exercise.
20.3 It is the Hirer’s responsibility to ensure that he is capable of undergoing a routine of exercises on the Equipment. The Hirer accepts the risk of injury from performing exercises on the Equipment and is advised to consult his doctor prior to beginning any fitness program or exercise on the Equipment supplied.
20.4 The Hirer shall be responsible for any and all expenses incurred by the Owner in recovering possession or repossessing the Equipment under the terms of this Agreement and shall pay such sums immediately on demand.
21 Ownership
21.1 The Equipment is and shall remain the sole property of the Owner and the Hirer shall not sell offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the Equipment.
21.2 To the extent the Equipment may be affixed to any land or building, during the hire period, the Hirer shall be responsible for any damage caused to such land or building by the affixing of the Equipment to, or removal of the Equipment from, it (whether the Owner or the Hirer affix or remove them) and the Hirer shall indemnify the Owner against any claim made in respect of such damage.
21.3 Without prejudice to the above, if the Equipment or any item of them becomes in law a fixture, the Hirer must on the Owner’s request make with the Owner a joint election in such form as may be prescribed by law or required by the Hirer to the effect that the Equipment or the affected item shall be treated as belonging to the Owner for the purpose of any claim for allowances in respect of the cost to the Owner of purchasing the Equipment or the affected item.
22 Hirer Insolvency
The Hirer shall not suffer the implementation against the Hirer of any procedure for the taking control of goods, nor present or suffer to be presented any application for an interim order or petition for a bankruptcy order within the meaning of the Insolvency Act 1986 against the Hirer, nor enter into or attempt to enter into a composition with its creditors, nor call or suffer to be called a meeting (whether formal or informal) of the Hirer’s creditors or any of them.
23 Notice
Any notice served under this Agreement is sufficiently served if sent by prepaid letter post or telex to the usual or last known address of the addressee, and proof of dispatch shall be conclusive evidence of receipt by the addressee in due course of transmission.
24 Law and Jurisdiction
Any dispute between the Owner and the Hirer arising from the Contract shall be subject to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
25 Delivery & Collection
25.1 All times or dates quoted for delivery & collection of the Equipment are given in good faith but without any responsibility on the part of the Owner. Delivery or collection will take place during Monday to Sunday between the hours of 09.00am to 4.00pm unless otherwise agreed. Time of delivery shall not be of the essence of the Contract.
25.2 The Owner will arrange collection of the Equipment from the location detailed on the Contract during Monday – Sunday, between the hours of 09.00am to 4.00pm within ten days after the termination/expiry date.
25.3 The Owner cannot be held liable for any damage made while delivering, collecting and installing the Equipment in the Hirer’s home or place of business however it so may be caused.
25.4 If the Hirer cancels the delivery or collection with less than 24 hours’ notice to the Owner or is not in at the agreed delivery or collection time a charge of £50.00 will be made for re-delivery or collection of the Equipment.
25.5 The Owner may charge extra fees for deliveries and collections outside standard hours of Monday – Sunday, between the hours of 09.00am to 4.00pm.
26 Validity of Conditions
26.1 Should any term in the Contract be held to be invalid such invalidation shall not affect the validity of the remaining terms.
27 Data Protection & Disclosure of Your Information & Data
27.1 To help the Owner decide whether to enter into this Contract or any future agreement with the Hirer, the Owner may make the use of the information provided to it by the Hirer, information received from enquiries made about the Hirer and information gained from the Hirer’s performance of this and any other agreement which the Hirer has with the Owner. The Owner’s enquiries may include searching the Hirer’s record at one or more credit reference agencies (“the Credit Reference Agencies”) who will keep details of the search. These details will be disclosed to other organisations who make searches. Information held about the Hirer by the Credit Reference Agencies may be linked to records relating to one or more of the Hirer’s partners. This is called “association”. For the purposes of this Contract and the application, the Hirer may be treated as financially linked and assessed with reference to any associated records. Such information may also be disclosed to other lenders, the supplier, the insurer, and any other person or company, which the Owner may select from time to time for the purposes of considering any future applications for finance and financial related services that may be made by the Hirer or any member of the Hirer’s household, fraud prevention, tracing debtors and recovering debt, carrying out statistical analysis and administering the Hirer’s account. The Hirer has a legal right to these details and can receive a copy of the information held about the Hirer on payment of a fee.
27.2 If this is a joint application or if the Owner is informed by the Hirer of a financial association with another person, the Hirer warrants and undertakes to the Owner that he has the authority:
27.2.1. to disclose information about the joint applicant and any such other person; and
27.2.2. to authorise the Owner to search, link or record information about the joint applicant or such other person, at one or more of the Credit Reference Agencies.
27.3 An “association” will be created at the Credit Reference Agencies between the joint applicants and/or between the Hirer and any person with whom the Hirer has stated there is a financial relationship. This links together all the financial records, and unless a disassociation is successfully filed at the Credit Reference Agencies, all the financial records will be taken into account in any future applications by the joint applicants, whether such applications are made together, or separately.
27.4 The information which the Owner holds about the Hirer may be used for the purpose of carrying out market research. The Owner may also provide the Hirer with information about the Owner’s other products and services. For these purposes, the Company may contact the Hirer by post, telephone, or other means. If the Hirer does not wish to be contacted for this purpose he/she should write to the Owner.
27.5 Both the Hirer and the Owner will comply with all applicable requirements of the Data Protection Legislation at all times. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
27.6 Without prejudice to the generality of clause 27.5, the Hirer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Owner for the duration and purposes of the Contract.
27.7 The Owner may give information about the Hirer and its payment record under this Agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this Agreement or of the Owner’s interest in this agreement, their insurers or advisers.
27.8 The Owner may use a credit scoring or other automated decision-making system.
27.9 The Owner may monitor and record telephone calls for the purpose of security and training.