It is important that you carefully read these terms and conditions of use before you rent with The Happy Cog.
Terms & Conditions
CONDITIONS FOR HIRE OF EQUIPMENT TO CONSUMERS
1.1 In these conditions the following words have the following meanings: “Contract” means the contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Equipment; “Customer” means the person named in the Contract who is hiring the Equipment; “Deposit” means any advance payment required by the Supplier in relation to the Equipment which is to be held as security by the Supplier; “Equipment” means the equipment specified in the Contract which is hired to the Customer; “Hire Period” means the period commencing when the Customer holds the Equipment on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Equipment by the Customer into the Supplier’s possession; or (ii) the physical repossession or collection of Equipment by the Supplier; or (c) the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5; “Minimum Period” means a period of 1 month from the date on which the Customer first receives the Equipment at the beginning of the Hire Period. “Rental” means the Supplier’s charging rate for the hire of the Equipment which is current from time to time during the Hire Period; “Supplier” means The Happy Cog and will include its employees, servants, agents and/or any duly authorised representatives; “Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Equipment including any delivery and/or collection service for the Equipment. “Working Days” means all days other than Saturday, Sunday and public holidays.
2 BASIS OF CONTRACT
2.1 The Equipment is hired subject to being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due to circumstances beyond the Supplier’s control. 2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
3.1 The Customer shall pay the Deposit (if any), the Rental, and charges for any Services to the Supplier at the time and in the manner stated in the Contract. 3.2 The Supplier’s prices are, unless otherwise stated, inclusive of any applicable VAT. 3.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. If the Customer fails to make any payment in full on the due date the Supplier may (i) charge the Customer a collections administration fee of £10 for each month or part month that the Customer’s account is overdue, (ii) terminate the Contract and take such action as is necessary to recover the Equipment and/or any sums owing, and (iii) charge the Customer the reasonable costs incurred by the Supplier in recovering unpaid sums and/or the Equipment, including fees paid to tracing, collections, and legal agents. 3.4 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Customer exceeding its credit limit, or if the credit limit is already exceeded. 3.5 The Rental shall be payable up to the date on which the Equipment is returned to or repossessed by the Supplier, and shall be calculated on a daily basis (equal to 1/7th of the weekly Rental) from the date notice of termination is given to the end of the Hire Period. If the Customer has failed to return the Equipment within 30 days from notice of termination the Supplier will charge the Customer the full replacement cost for the Equipment unless the Customer can provide actual proof of postage prior to that date. 3.6 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Equipment as a form of deposit, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract. 3.7 Payment of regular rental payments by credit or debit will incur no extra charge.
4 RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the Equipment will pass to the Customer when they are collected or received by the Customer, unless the Customer has arranged for delivery in which case risk in the Equipment shall pass to the Customer when they leave the physical possession or control of the Supplier. 4.2 Risk in the Equipment will not pass back to the Supplier from the Customer until the Equipment is back in the physical possession or control of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental. 4.3 Ownership of the Equipment remains at all times with the Supplier. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. 4.4 The Customer must not deal with the ownership or any interest in the Equipment. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Equipment to a third party with the prior written consent of the Supplier. 4.5 The Supplier may provide reasonably priced insurance in respect of the Equipment at an additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Equipment on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Equipment shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Equipment and/or any associated insurance without the Supplier’s written consent.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Equipment from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Equipment to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Any delivery date quoted by the Supplier will be an estimate only and is neither guaranteed nor an essential term or condition of this Contract. 5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent. 5.3 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
6 CARE OF EQUIPMENT
6.1 The Customer shall:- 6.1.1 not remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them and shall take reasonable care of the Equipment and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer; 6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Equipment; 6.1.3 take adequate and proper measures to protect the Equipment from theft, damage and/or other risks; 6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Equipment; 6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Equipment including procuring access to any property where the Equipment is situated; 6.1.6 keep the Equipment at all times in its possession and control and not to remove the Equipment from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier; 6.1.7 be responsible for the conduct and cost of 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 the Supplier has agreed to provide them as part of any Services; 6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Equipment; 6.1.9 not continue to use the Equipment where it has been damaged and will notify the Supplier immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person; and 6.2 The Equipment must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all user manuals relating to the Equipment.
7 FAULTY EQUIPMENT
7.1 The Customer must not repair or attempt to repair the Equipment. 7.2 It is the Customer’s responsibility to inspect the Equipment immediately upon receipt and inform the Supplier of any damage or faults. 7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Equipment during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Equipment. The Supplier may at its option choose to replace the Equipment if the cost of repair is not economically viable. 7.4 The Supplier shall not be liable repair or replace the Equipment in the event of a fault that is caused by the Customer, including but not limited to the Customer’s failure to use the Equipment in accordance with the operating instructions supplied with it or the Customer’s failure to comply with any instructions given to it by the Supplier. 7.5 If the Equipment is unusable due to an inherent fault the Customer will be granted a Rental credit in respect of the period between the date on which it notifies the Supplier of the fault and the date of repair or replacement.
8 LOSS OR DAMAGE TO THE EQUIPMENT
8.1 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 the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire. 8.2 The Customer will pay to the Supplier the replacement cost of any Equipment which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with this Contract or deposit paid. 8.3 The Customer shall pay the Rental for the Equipment up to and including the date they notify the Supplier that the Equipment have been lost, stolen and/or damaged beyond economic repair.
9.1 The Customer shall have the right to cancel the Contract without penalty by giving written notice to the Supplier within 7 Working Days of the date on which the Customer receives the Equipment. If the Customer gives notice to cancel under this Section 9.1 it shall receive a full refund of any sums paid in advance within 7 days of the date on which the Supplier regains possession or control of the Equipment. 9.2 Subject to the Customer’s right to cancel Section 9.1 and the provisions of Section 10, either the Customer or the Supplier may terminate this Contract on 14 days’ written notice expiring at the end of, or at any time after, the Minimum Period. 9.3 Notwithstanding notice of termination from Customer, the Hire Period will only end when the Equipment is returned to or repossessed by the Supplier, or the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5.
10.1 If the Customer:- 10.1.1 fails to make any payment to the Supplier when due without just cause; 10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; 10.1.3 is rude, abusive or threatening to the Supplier’s employees; 10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract; 10.1.5 pledges, charges or creates any form of security over any Equipment or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction; 10.1.6 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or 10.1.7 appears reasonably to the Supplier to be about to suffer any of the above events then the Supplier may immediately cancel, terminate and/or suspend the Contract by written notice to the Customer. 10.3 Any repossession of the Equipment shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract. 10.4 Upon termination of the Contract the Customer shall immediately: 10.4.1 return the Equipment to the Supplier or make the Equipment available for collection by the Supplier as requested by the Supplier; and 10.4.2 pay to the Supplier all arrears of Rentals and Charges for any Services.
11.1 Upon termination of the Contract the provisions of Sections 3, 4, 6 and 8 shall continue in full force and effect. 11.2 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Equipment. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. 11.3 This Contract is governed by and interpreted in accordance with UK law and the Scottish courts have exclusive jurisdiction in relation to any dispute arising out of or in connection with this Contract. © The Happy Cog November 2015