1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply the Products to you, hire the Equipment to you, and provide the Services to you. These terms apply whether you place an order online or by telephone.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you how we will provide our Products, Equipment and Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying Products or Services from us, or hiring Equipment from us, wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
In all other cases, you are a business customer.
1.4 If you are a business customer this is our entire agreement with you.
(a) If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
(b) Our employees or agents are not authorised to make any representations concerning the Equipment and/or Products unless confirmed by a director in writing and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing by a director is followed or acted upon entirely at your own risk.
1.5 Legal rights: If you are a consumer customer, these terms do not affect any of your legal rights. Any part of these terms which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect.
1.6 These terms shall be applicable to all repeat orders made by you unless we notify you otherwise.
2. GLOSSARY OF IMPORTANT DEFINITIONS
2.1 Glossary: in these terms, the following words have the following meanings:
(a) Charges: means our charges from time to time for the hire of Equipment, the provision of Services, and/or the sale of a Product to you.
(b) Contract: means our contract with you to provide the Products, Services or Equipment, which includes these terms.
(c) Equipment: all the classes of prefabricated and portable buildings, erectable structures, accessories and ancillary equipment, which are hired by us to you.
(d) Group Companies: means any subsidiary company, holding company, or subsidiary of such holding company, all as such terms are defined in the Companies Act 2006.
(e) Hire Period: means the period commencing and including the date when the Equipment is delivered to or collected by you until the date the Equipment is returned to us or the hire is otherwise terminated by the parties
(f) Liability: means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses or liabilities.
(g) Minimum Hire Period: means the minimum period of hire, which shall be the period of 4 weeks from the start of the Hire Period, or such other period as specified in the order acknowledgment.
(h) Products: means the products sold by us to you.
(i) Services: means the services and/or work (if any) to be performed by us for you whether in conjunction with the hire of Equipment (including any delivery and/or collections) or otherwise.
2.2 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 What we will do. We will supply the Products, hire the Equipment and/or provide the Services to you on the basis of these terms. You shall pay the Charges to us.
3.2 How we will accept your order. Our acceptance of your order will take place when we send to you (by email or post) an order acknowledgment confirming we have accepted your order, at which point the Contract will come into existence between you and us.
3.3 Quotations: any quotations that we provide are estimates and are not binding on us.
4. OUR PRODUCTS AND EQUIPMENT
4.1 Products may vary slightly. We reserve the right to provide Equipment and/or Products similar or comparable to that ordered by you. Any photographs, drawings and specifications shown on our website or which we provide to you are for example only. It is your responsibility to check and confirm in writing with us the exact measurements and specifications, if this is important to you.
4.2 Availability: Our Products and Equipment are offered subject to availability at the date of delivery. We will not be liable for any loss suffered by you as a result of the Products or Equipment being unavailable.
4.3 Suitability: It is your responsibility to ensure that the Products, Equipment and Services that you order are suitable for the purpose you require.
(a) If you provide us with specifications or measurements, it is your responsibility to ensure that these are correct.
(b) When we supply Products, Equipment or Services for you to your special requirements or for your special purpose (whether or not incorporated in whole or in part in our own specifications) you shall provide all necessary specifications in reasonable time to enable us to complete delivery
4.5 Intellectual Property Rights:
(a) All intellectual property rights in our designs, data sheets, packaging and literature shall remain our property at all times. We grant to you a non-exclusive license to the extent strictly necessary to make reasonable use of the Products, Equipment and Services we supply.
(b) You shall indemnify us in full against all Liability we incur relating to or in connection with a claim by a third party for infringement of their intellectual property rights, which arises in consequence of complying with your requirements.
4.6 Changes to Products, Equipment and Services. We may change our Products, Equipment or Services to reflect changes in relevant laws and regulatory requirements and/or to make technical adjustments and improvements.
4.7 Planning and other Regulations: It is your responsibility to ensure that you have all planning permissions, building regulation consents, and other permissions, licences and consents that may be needed for the installation and use of the Products and Equipment, or the provision of the Services.
5. DELIVERY, COLLECTION AND SERVICES
5.1 Delivery and collection costs.
(a) The costs of delivery, and collection at the end of the Hire Period, will be as notified to you at the time of making your order, or in the order acknowledgement.
(b) You shall pay for the cost of any lifting or special apparatus required for the siting of the Products or Equipment, or lifting them on collection.
5.2 Delivery and collection times
(a) We will contact you to agree a delivery or collection date for any Products or Equipment, and the date for providing any Services.
(b) Delivery and collection times are given as estimates and time shall not be of the essence. Although we will use our reasonable efforts to meet your delivery, collection or completion requirements we shall be under no obligation to deliver (or make available for collection) Products or Equipment or supply Services by any specified date, or collect Equipment by any specified date.
5.3 We are not responsible for delays outside our control. If our supply of the Products, Equipment or Services is delayed by an event outside our control (including accident or breakdown during delivery) then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, and if you are a business customer, we may charge you for any additional costs we incur as a result.
5.4 If you do not allow us access. If you do not allow us access to your property to deliver or collect the Products or Equipment or perform the Services (other than because of events outside of your control), as arranged, then:
(a) you shall pay for the cost of failed delivery or collection, and also any later delivery or collection, together with storage costs and all other costs and expenses we incur as a result of the delay, postponement or cancellation of delivery or collection.
(b) Where we were delivering Equipment for hire by you, you shall pay charge for hire of the Equipment as if the Hire Period had stated on the date when delivery was attempted. Where we were collecting Equipment at the end of the Hire Period, the Hire Period shall continue.
(c) If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or access, we may end the contract and clause 11.4 will apply.
5.5 Your responsibilities:
(a) You must promptly provide us with all information we reasonably request in connection with the supply or delivery of the Products, Equipment or Services. We shall not be responsible for any delays in delivery or collection caused by your failure to provide such information promptly when requested.
(b) If you agree to collect the Products or Equipment from us, you must do so on the date agreed. If you do not do so, we may charge you storage costs we incur as a result of the delay in collecting the Products or Equipment.
(c) If you are a business customer, where we provide Services relating to the hire of Equipment or installation of Products the persons performing the Services are your responsibility. You shall be solely responsible for any damage which occurs as a result of such persons following your instructions, except to the extent that the persons performing the Services are negligent.
(d) Services: You must allow and/or procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents (including support vehicles) to allow them to carry out the Services, including providing all plant, power and labour required for loading or unloading the Products or Equipment. You will ensure that the site where the Services are to be performed is cleared and prepared before the Services are due to commence.
(e) Site Safety: You are responsible for ensuring the health and safety of our employees, agents and sub-contractors on your property or site, and for ensuring that the property or site is suitable for us to unload or deliver the Products or Equipment, and to perform the Services.
(f) Access for delivery and collection: You must provide a suitable access route for delivery and collection of the Products or Equipment with unrestricted entry and approach for all support vehicles and personnel and supply appropriate foundations or track-way in a suitable position for loading and unloading and for the Products or Equipment to rest on. It is your responsibility to ensure the ground conditions are safe and adequate for all support vehicles, and to provide the necessary equipment to carry out this operation. You will be responsible for paying any costs for recovering our vehicles if this should become necessary. You will also obtain any ‘Red Route’ dispensations which are required for delivery or collection of the Products or Equipment to take place. We will charge for all expenses incurred during delivery and collection, including toll charges and parking fees/fines.
(g) Mains Services: it is your responsibility to arrange for connection and disconnection of any mains services on site.
(h) Insurance: you shall insure all of our employees, servants, agents and/or sub-contractors whilst on your site/property against all acts of negligence.
5.6 Indemnity: You shall indemnify us against all Liability we suffer or incur arising out of, or in connection with:
(a) any loss or personal injury suffered by any of our employees, agents or sub-contractors; or
(b) any damage to vehicles or equipment;
arising from or in connection with the conditions of your property or site, the condition of any equipment or apparatus on your property or site, or from negligence or breach of statutory duty on your part or that of your employees agents subcontractors or any third party under your control or direction (other than our own employees).
5.7 Inspection on delivery
(a) You shall carry out a reasonable inspection of the Products or Equipment on delivery (or on you collecting them from us). You shall notify us of any damage or defects within three days of receipt on delivery, or before removing the Products or Equipment from our premises when making a collection.
(b) If you arrange your own delivery of Products, or delivery or return of Equipment, you are responsible for all damage that occurs during transportation.
(c) If you are a business customer, if you do not notify us of damage or defects to Products or Equipment, then you shall be deemed to have accepted the Products or Equipment, and you shall have no claim in respect of such damage or defects which were discoverable on a reasonable inspection at such time. This shall be without prejudice to any of your rights in respect defects arising after this time under 12.
(d) Receipt, acknowledgment and investigation by us of a claim does not imply admission by us of any liability in respect of the claim.
5.8 Part deliveries (in accordance with the Contract or, with reasonable justification, as a departure from the contract) shall be deemed to represent separate Contracts.
6. HIRE OF EQUIPMENT
6.1 Hire of Equipment:
(a) Where we agree to hire Equipment to you, we shall hire the Equipment to you for any period agreed between us, or (if no fixed period is agreed) the Hire Period.
(b) The hiring of each piece of Equipment in the relevant Hire Period shall form a distinct contract which shall be separate to any other contract relating to other Equipment.
6.2 Condition of Equipment: The Equipment shall be deemed to be in good condition and free from damage or defects at the time of delivery to or collection by, you, unless we receive notification from you within three days of delivery or collection of any damage.
(a) It is your responsibility to ensure that the Equipment is suitable for the purpose you require it for, and we do not give any condition or warranty that the Equipment is suitable for your purposes.
(b) You must ensure that the Equipment is suitable for use at your property or site. It is your responsibility to conduct any risk assessment and fire risk assessment relating to the Equipment at your property or site.
6.4 Your Obligations: during the Hire Period, you shall:
(a) take reasonable care of the Equipment and keep it properly maintained and only use it for its proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided to or supplied to you and any applicable law or regulations (including any Institution of Electrical Engineers (IEE) regulations);
(b) not deface or remove any labels or identifying marks from and/or interfere with the Equipment, its working mechanisms or any other parts of it. You shall not at any time alter or deface our name or any of our trademarks on the Equipment;
(c) inspect the Equipment on a regular basis and notify us immediately, and in any event within 24 hours, of any breakdown, loss and/or damage to the Equipment. You shall also notify us immediately, and in any event within 24 hours, of any accident resulting in death, personal injury or damage to property;
(d) take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
(e) allow us, our employees, servants, agents and/or sub-contractors to have reasonable access to the Equipment to inspect, test, adjust, repair or replace the same Equipment including procuring access to any property where the Equipment is situated;
(f) not move the Equipment from the site to which it is delivered or first placed without prior written consent ;
(g) be responsible for conducting (and the cost of conducting) any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as part of any Services;
(h) not repair or attempt to repair the Equipment without our prior written consent;
(i) not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Equipment;
(j) not continue to use Equipment where it has been damaged;
(k) ensure that where the Equipment requires fuel, oil and/or electricity, the proper type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified and competent person.
6.5 Routine Maintenance: We will, at our own cost, carry out all routine maintenance and repairs to the Equipment during the Hire Period (but you agree that you are responsible for applying all lubricating oils and other maintenance detailed in the operating instructions) and all repairs which are required due to fair wear and tear and/or an inherent fault in the Equipment. You will be responsible for the cost of all other repairs and inspections (such as, but not limited to, electrical works) necessary to the Equipment during the Hire Period.
6.6 Return of Equipment:
(a) You must return the Equipment in good working order and condition (fair wear and tear excepted) in a clean condition and free of all hazardous waste, together with all licenses, registration and other documents relating to the Equipment.
(b) If the Equipment is returned in damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the Equipment) you shall pay us for the cost of any repair and/or cleaning (including the cost of engaging specialist contractors to remove any hazardous or unidentifiable waste) required to return the Equipment to a condition fit for re-hire. You shall pay such costs on demand.
(c) You must provide us with any keys to the Equipment prior to collection, and properly secure all furniture or materials within the Equipment prior to collection. We will not be held responsible for any damage caused to the Equipment or Equipment contents (whether owned by us or you) by furniture or materials within being unsecured.
6.7 Loss or damage during the Hire Period: Where Equipment is lost, damaged beyond repair, or stolen during the Hire Period:
(a) you will pay to us our costs which we may incur in tracking or recovering any lost or stolen Equipment;
(b) where the Equipment is damaged beyond repair, or is not recovered within 14 days, you will pay to us the replacement cost of the Equipment (on a new for old basis).
(c) the Hire Period will continue until the Equipment is recovered or you pay the replacement cost for the Equipment, and you shall pay the full Charges that would have applied for such Equipment for that period. If you pay the replacement cost for the Equipment we may (at our discretion) provide you with replacement equipment, or terminate the Hire Period.
6.8 Early Termination of Hire Period: Either you or we may terminate the agreement for hire of the Equipment before the agreed end date, on giving 4 weeks’ written notice, except that such notice cannot expire before the end of the Minimum Hire Period.
6.9 Indemnity: You agree to indemnify us and keep us indemnified in full against any Liability suffered by us arising from your hire, use or storage of the Equipment.
7. OWNERSHIP AND INSURANCE
(a) The insurance risk in the Products passes to you upon completion of delivery to the agreed delivery location, or on collection by you.
(b) If you are a consumer customer, ownership of the Products passes to you upon the later of delivery (or collection) and payment in full in cleared funds for the price of the Products.
(c) If you are a business customer, ownership of the Products passes to you upon the later of delivery (or collection) and payment in full in cleared funds for the price of the Products and for all other products or services provided by us to you or any of your Group Companies.
(a) Insurance risk in the Equipment passes to you upon completion of delivery to the agreed delivery location (or collection by you or your agent from our premises), and will remain with you until the Equipment is returned to our possession. Subject to the other terms of this Contract, you will be responsible for all damage or loss to the Equipment.
(b) Ownership in the Equipment shall remain with us at all times. You have no right, title or interest in the Equipment except that it is hired to you, and you must not sell, assign, mortgage, pledge, charge, secure, hire, withholding, exert any right to withhold, dispose of or deal with title to the Equipment in any way.
7.3 Insurance for Equipment:
(a) You shall keep the Equipment and its accessories comprehensively insured to its full replacement value during the Hire Period against all normal risks including loss or damage by theft, fire, accident or flooding. You shall provide us with a copy of your insurance policy promptly on request, at any time before or during the Hire Period.
(b) You hereby irrevocably appoint us to be the your sole agents and the only persons to receive all moneys payable under such insurance and to negotiate, agree or compromise with the insurers as to the amounts so payable. Any insurance money payable shall be applied as follows:
(i) If the Equipment is damaged and in the opinion of the insurers it can be economically repaired, in making good the damage.
(ii) In any case, at our option, either in replacement by other similar equipment (on a new for old basis) to which these terms shall then apply, or in compensating us for all loss suffered as a result of the loss or damage, any surplus being paid to and any deficiency being made up by you.
7.4 Retention of Title: If you are a business customer, the following terms also apply
(a) Until ownership of the Products has passed to you, you shall:
(i) store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
(ii) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(iii) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery or their collection by you;
(iv) notify us immediately if you become subject to a Default Event listed in clause 11.2 below; and
(v) give us such information relating to the Products as we may require from time to time.
(b) Subject to clause 7.4(c) you may resell or use the Products in the ordinary course of your business (but not otherwise) before we receive payment for the Products. If you resell the Products before that time:
(i) you do so as principal and not as our agent; and
(ii) title to the Products shall pass from us to you immediately before the time at which resale occurs.
(c) If before title to the Products passes to you, you become subject to any of the Default Events listed in clause 11.2 below, or we consider that any such event is about to happen and notify you accordingly, then:
(i) your right to resell the Products or use them in the order course of your business ceases immediately; and
(ii) provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises or any premises of any third party where the Products are stored in order to recover them.
(d) Where title in the Products has not passed we may nevertheless maintain an action against you for the purchase price and all other monies owing by you in relation to the goods notwithstanding Section 49 Sale of Goods Acts 1979.
7.5 In cases where we make a contract of carriage and/or arrange for insurance of goods in transit we shall be deemed to be acting as your agent and subsections (2) and (3) of Section 32 Sale of Goods Act 1979 shall not apply.
7.6 Additional responsibilities: If we store, transport or work on any goods or other property (including Products about to be delivered by us or goods intended for incorporation in or use on Products or in Services) belonging to you or any third party we do so (and they are packed and carried) at your sole risk and (except as provided in these conditions) we shall have no liability to you or to any other party for loss, deterioration or damage to such goods or other property howsoever arising and whether by negligence or otherwise.
8. CHARGES AND PAYMENT
8.1 What you pay: The Charges for the Products, Services or hire of the Equipment will be as set out on or website or in the order acknowledgment.
8.2 When you must pay:
(a) Payment of Products: unless we agree otherwise, the full price of the Products, and delivery costs, must be paid in full at the time of placing your order.
(b) Hire Charges: unless we agree otherwise, you must pay for delivery, the cost of collection at the end of the Hire Period, and the first 4 weeks of hire charges in advance, when placing your order. Hire Charges are calculated on a daily basis, and we shall invoice for all other hire Charges monthly in arrears.
(c) Services: unless we agree otherwise, all Charges for Services must be paid in advance of us providing the Services.
8.3 Invoice Payments: You must pay all of our invoices in full within 30 days from the date of the invoice.
8.4 Additional Services and Products: We reserve the right to charge (at our then current rates) the price for all Services or Products supplied or costs incurred by us which are additional to your original order.
8.5 VAT: All our costs and charges are, unless otherwise stated, exclusive of any applicable VAT which will be charged in addition at the applicable rate.
8.6 Variation to hire charges:
(a) No allowance or deduction shall be permitted from the Charges for hire of Equipment in respect of any period where you do not use the Equipment.
(b) We reserve the right to amend the Charges for hire of Equipment during the Hire Period by giving 4 weeks’ notice in writing to you at any time after the Minimum Hire Period has expired.
8.7 Consequences of non-payment: If you fail to make any payment in full on the due date we may, without prejudice to any other rights we may have under these terms or otherwise:
(a) charge you interest (both before and after judgment) on the amount unpaid at the rate of 8% above the Bank of England base rate in force from time to time or, if higher and applicable, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended;
(b) charge you all charges and costs we reasonably incur in the recovery of the outstanding money or Equipment, including (but not limited to) debt collection agency fees and legal costs and disbursements;
(c) suspend delivery of, or collections by you of,any other Products or Services to you, whether or not related to the charges which have not been paid;
(d) terminate the contract for hire of the Equipment by giving you written notice, and collect the Equipment from your site or property. You shall pay to us all costs and expenses incurred in arranging such collection.
8.8 Full Payment: If you are a business customer, you shall pay all sums due to us under these terms without any set-off, deduction, counterclaim and/or any other withholding of monies.
8.9 Credit Account: At our discretion, we may allow you to pay our Charges for Products, Services or Equipment in arrears. The level of credit we allow you will be set by us in our absolute discretion. We reserve the right to terminate or suspend our agreement for hire of Equipment and/or the provision of Services if allowing it to continue would result in you exceeding the credit limit we set you, or if you have already exceeded the credit limit.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Hire contracts:
(a) You may terminate the Contract for hire of the Equipment before the agreed end date, on giving 4 weeks’ written notice, except that such notice cannot expire before the end of the Minimum Hire Period.
(b) If you cancel your order for Equipment prior to the delivery or your collection of the Equipment we are entitled to payment for all preparation costs, and you will be charged all hire charges for the Minimum Hire Period. This clause does not apply if you are a consumer customer and clause 10 applies.
9.2 Purchase of Products: Orders for Products cannot be cancelled without our consent, unless you are a consumer customer and clause 10 applies. If you cancel an order for Products without our consent:
(a) if you are a business customer, you must pay the full price for the Products; and
(b) you are a consumer customer, you must all costs and expenses we have incurred in processing and preparing your Order, and any other compensation according to the law.
9.3 Services: If you cancel your order for Services prior to performance of the Services, we are entitled to payment for all preparation costs. In addition, if
(a) you are a business customer, you must pay the full price for the cancelled Services (less the preparation costs)
(b) you are a consumer customer, you must pay such compensation according to the law.
9.4 Your right to change your mind: if you are a consumer, you may have a right to change your mind and end your contract with us in some circumstances. See clause 10 below.
9.5 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back. See clause 12 and clause 13;
9.6 Ending the contract because of something we have done or are going to do. You may cancel the contract where you have a legal right to do so because of something we have done or are going to do.
10. YOUR RIGHT TO CHANGE YOUR MIND IF YOU ARE A CONSUMER
10.1 This clause 10 only applies if you are a consumer customer.
10.2 If you are a consumer customer, and you made your order online, by telephone, or away from our premises, you may have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.3 Exclusions: Your right to change your mind does not apply in respect of:
(a) Products that are made to your specifications or are personalised for you; or
(b) Services or contracts for hire of Equipment that have been performed in full.
10.4 Cancellation Period: The period you have to change your mind is 14 days after:
(a) the day you (or your nominee) receives delivery or takes collection of the Products;
(b) in the case of Services or hire of Equipment, 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running.
If you cancel after we have started the Services or after the period of hire of Equipment has started, you must pay us for the Services provided or the Equipment hired up until the time you tell us that you have changed your mind.
10.5 How to cancel: You can cancel the contract in one of the following ways:
(a) contacting us by email using the details below. Please tell us what you purchased, when you ordered or received it and your name and address. You can also complete and scan the cancellation form at the end of these terms; and
(b) by post, by writing to us with details of what you bought, when you ordered or received it and your name and address, or by completing the cancellation form at the end of these terms and posting it to us.
10.6 If you cancel the contract after Products or Equipment have been delivered to or collected by you, you must arrange for them to be returned to us, or allow us to collect them. You must contact our customer services team on the details below to arrange delivery or collection within 14 days of telling us you wish to end the contract.
10.7 Costs you must pay: If you are exercising your right to change your mind, you must:
(a) pay for the costs of return. The costs of collection will be the direct cost to us of collection; and
(b) pay for the cost of any work we carry out to remove or uninstall the Product
10.8 Refund and deductions: If you change your mind and are entitled to a refund, we will refund you the price you paid for the Products (including delivery costs) and all charges for Equipment hire or Services. However, we may make the following deductions from the price (or if we have already refunded you, you will repay the following amounts):
(a) any reduction in the value of the Products, if this has been caused by your handling or use of them that would not be permitted at our site;
(b) where we have provided a Service or Equipment for hire, an amount for the supply of the Service or hire of the Equipment for the period for which it was supplied or hired, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
We will only refund costs of delivery up to the costs of the least expensive delivery method that you could have chosen.
10.9 We will refund you by the method you used for payment. Your refund will be made within 14 days of your telling us you have changed your mind, unless you, unless you are returning the Products to us yourself, in which case it will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10.10 Even after you have cancelled your contract, you have a legal obligation to keep the Products or Equipment in your possession and to take reasonable care of the Products or Equipment while they are in your possession.
10.11 Legal rights: As a consumer, you will always have legal rights in relation to Products or Equipment that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10.
11. OUR RIGHTS TO END OR SUSPEND THE CONTRACT
11.1 Our right to end the contract. We may end or suspend the Contract:
(a) if one of the Default Events applies; or
(b) if we give notice to end the Hire Period, as permitted by clause 6.8.
11.2 Default Events: The Default Events are:
(a) you fail to make any payment to us under the Contract or any other contract with us when due;
(b) you breach the terms of the Contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
(c) you persistently breach the terms the Contract;
(d) you provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
(e) you attempt to sell the Equipment, or pledge, charge or create any form of security over any Equipment;
(f) you cease or threaten to cease to carry on business;
(g) being an individual or partnership, you have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors, enter into an individual voluntary arrangement or suffer any similar action in any jurisdiction;
(h) being a company, you enter into any voluntary or compulsory liquidation, have an administrator or administrative receiver appointed over all or any of your assets, or compound with or come to any arrangement with your creditors or enter into a company voluntary arrangement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction;
(i) we reasonably believe that, on the basis of your credit rating, you are or will be unable to meet your obligations under the Contract; or
(j) we have reasonable ground to believe that any of the events listed in clauses (a) – (i) above are likely to occur and we notify you accordingly.
11.3 Our other rights. In addition to our right to terminate the Contract, and without prejudice to any other rights and remedies available to us, if a Default Event occurs we may:
(a) withhold performance of any Services and cease any Services in progress under the Contract or any other contract with you (or any of your Group Companies);
(b) terminate any other contract with you or any of your Group Companies;
(c) enter, without prior notice, any of your premises (or premises of third parties with their consent) to repossess the Equipment;
(d) cancel any undelivered portion of the Contract and stop any Products in transit; and
(e) if you are a business customer, demand payment of all charges (including all charges for the full Minimum Hire Period) and any other amounts outstanding under this Contract or any other contract with you or any of your Group Companies, whether or not due, which shall thereupon become due and payable.
11.4 You must compensate us. If you are a consumer customer, then if we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
12.1 We warrant that on delivery or collection, and for a period of 12 months from the date of delivery or collection (warranty period), the Products shall:
(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship.
12.2 Except as stated in clause 12.3 or 12.4, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery (and no more than 14 days of discovery) that the Products do not comply with the warranty set out in clause 12.1;
(b) we are given a reasonable opportunity of examining such Products; and
(c) you allow us to arrange collection of the Products,
we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full. We will not be responsible for any other costs, including abortive installation costs.
12.3 We will not be liable for the Products’ failure to comply with the warranty in clause 12.1 in the following circumstances:
(a) you make any further use of such Products after discovery of the defect;
(b) the defect arises because you failed to follow our oral or written instructions (or those of the manufacturer) as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the Products without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
(f) title to the Products has not passed to you.
12.4 Manufacturer’s Warranty: If any Products supplied by us are manufactured or supplied by a third party supplier:
(a) we may assign the manufacturer’s warranties you, in which case your right of action in respect of any defects with Products shall be against the manufacturer, and if you are a business customer you shall not pursue any claim against us in respect of any defects in the Products;
(b) regardless of whether any assignment under sub-clause (a) takes place, our maximum liability or responsibility under the warranty in clause 12.1 shall be no greater than that of the manufacturer’s liability to us in respect of those Products.
12.5 If you are a business customer: Except as provided in this clause 12, we shall have no liability to you in respect of any Product’s failure to comply with the warranty set out in clause 12.1.
12.6 If you are a consumer customer:
(a) we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will limit, exclude or affect your legal rights under the Consumer Rights Act 2015 or otherwise in respect of faulty goods; and
(b) if you wish to exercise your legal rights to reject goods that are faulty or mis-described, you must either return them back to us or (if they are not suitable for you to return to us) allow us to collect them from you. We will pay the costs of return or collection. You must contact our customer services team using the details below to arrange any return before returning any goods.
12.7 These terms shall apply to any repaired or replacement goods supplied by us under this clause 12.
13. OUR LIABILITY FOR LOSS OR DAMAGE
The following clauses apply if you are a consumer customer:
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 If you are a consumer customer we only supply the Products, Equipment and Services to you for domestic and private use. If you use the Products, Equipment or Services for any commercial, business or re-sale purpose our liability to you will be limited as if you are a business customer.
The following clauses apply if you are a business customer:
13.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.4 Subject to clause 13.5:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types or categories of loss:
(i) loss of profit,
(ii) loss of business opportunity;
(iii) damage to reputation or goodwill; or
(iv) losses or damage or expenses arising from damage to your property other than the replacement cost of the property damaged;
(v) losses or damage or expenses arising from the use of defective Equipment and/or Products after a defect has become apparent or suspected or should reasonably have become apparent to you;
(vi) any loss, damage or expenses arising from the Equipment becoming unusable for any reason whatsoever; or
(vii) any Liability or other losses, damage or expenses to the extent that you are covered by any policy of insurance against that Liability or loss, damage or expense; and you shall ensure that your insurers waive any and all rights of subrogation they may have against us;
(viii) any indirect or consequential loss;
in each case arising under or in connection with any contract between us or the Products, Equipment or Services provided (or due to be provided) to you;
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of total sums paid by you under that Contract. Or the sum of £1,000, whichever is the higher.
The following clause applies to all customers
13.5 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective goods under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us:
(a) to supply the Products, Equipment and Services to you;
(b) to process your payment the Products, Equipment and Services; and
(c) if you agreed to this during the order process, to give you information about similar goods and services that we provide, but you may stop receiving this at any time by contacting us.
14.2 Where we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15. OTHER IMPORTANT TERMS
15.1 Events outside of our control:
(a) We shall not be liable to you for any delays or failure to comply with these terms due to events outside of our reasonable control. Such events include, but are not limited to, fire, flood, wars, embargo, strikes, labour disputes strikes and lock-outs, pandemic or epidemic, shortage of transport, explosions, riots, restrictions or orders of any governmental authority (whether or not legally binding), or change of laws.
(b) We may suspend or cancel the whole or any part of the Contract if we are unable to perform our obligations, or performance of our obligations is rendered substantially more difficult, as a result of any event listed in paragraph (a).
(c) If we suspend performance of the Contract, you may within 7 days cancel any remaining part of the Contract, provided you pay to us our expenses and charges reasonably incurred to date.
(d) If the Contract is cancelled by you or us under this clause 15.1, our liability is limited to repayment of any part of the Charges received less our fair charges and any expenses already incurred by us.
15.2 Transfer: We may transfer our rights and obligations under these terms to another organisation, provided we give you notice in writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (we may not unreasonably withhold our consent). However, if you are a consumer customer you may transfer our guarantee at clause 12 to a person who has acquired the goods.
15.3 Third Parties: This contract is between you and us. No other person shall have any rights to enforce any of its terms, except any person to whom rights are transferred under clause 15.2.
15.4 Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Waiver: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Contact Details: you are responsible for providing us with your updated contact details.
15.7 Notices: any notices that must be given under these terms shall (unless stated otherwise) be given in writing. Any notice given by you must be given to us at our email address or postal address given below. Any notices given by us will be given by writing to you at the email address or postal address you provided to us in your order. Any notice given by post will be deemed to have been received 2 working days after posting. Any notice given by email will be deemed to have been received at 9am on the next working day after sending.
(a) If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(b) If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.