1. GENERAL
1.
Definitions
This Contract is for the hire of items and accessories (“Equipment”), and
the parties to the Contract are:
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1.
The person, firm, company or other organisation hiring the Equipment
and/or purchasing the goods (“Hirer”).
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2.
Home Fitness Solutions (HFS)
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3.
Any condition deemed invalid will not affect other conditions.
Nothing in the Contract is intended to limit a consumer’s existing
legal rights.
2.
Extent of Contract and Cancellation
The Contract is not assignable and is effective when HFS accepts the
Hirer’s detailed order. HFS reserves the right to charge for
cancellation.
3.
Termination
HFS may terminate the Contract and repossess Equipment without affecting
any rights to recover monies due, damages for breach of contract or
other remedies where the Hirer is in breach or is involved in insolvency
or liquidation proceedings.
4.
Ownership of Equipment and Goods
Equipment hired remains the property of HFS at all times..
2. HIRE CHARGES
1.
Basis of charging
The stated hire charges overleaf are for the duration of the Contract
and include Saturdays, Sundays and Public Holidays.
2.
Transport charges
Delivery and collections including attempted calls are chargeable. If
Equipment is not available or only partially available for collection
then the Hirer will be charged for each journey.
3.
Credit Card deposits
In the event that the actual charges for the hire supplied by HFS exceed
the amount charged then this additional amount may be taken from the
Credit/Debit Card.
3. PAYMENT
1.
Payment Terms
Payment of any charges or any other sums due under [the][this] Contract
shall be made with the Hirer’s order for the Equipment. Payment by the
Hirer on time under the Contract is an essential condition of the
Contract. Payment shall not be deemed to have been made until HFS has
received cleared funds or cash.
4. HIRER’S RESPONSIBILITIES
1.
Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover.
Shortages must be agreed and noted on the Contract/delivery document.
Equipment defects should be reported to HFS immediately at time of
delivery.
2.
Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access.
3.
Security of Equipment
The Hirer accepts responsibility for Equipment security until its
collection by or return to HFS and undertakes not to sell or relinquish
possession, alter, repair or modify it in any way.
4.
Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment
by competent persons not under the influence of alcohol or drugs and for
its constant supervision within the range of children. The Hirer will
immediately notify HFS of any Equipment breakdown or shortcoming without
attempt at repair.
5.
Collection of Equipment
The Hirer must arrange for the equipment to be available at a ground
floor location on the day of the agreed collection, failure of the
equipment being available will result in a call out fee of £25.00 The
Hirer will remain liable for ongoing hire charges until Equipment has
been collected. When the Hirer requests collection of Equipment HFS will
agree a time & date for collection, the Hirer remaining responsible for
the Equipment, and in particular its security, until actual collection.
6.
Lost or stolen Equipment
The Hirer agrees to insure Equipment on a full replacement basis against
the risks of loss, theft and damage beyond economic repair and on demand
to pay to HFS any insurance claim proceeds. This liability is without
prejudice to any HFS rights under the Contract. Replacement equipment
purchased with insurance claim proceeds is the property of HFS.
5.
HFS RESPONSIBILITIES
1.
Hire rates
HFS will maintain the agreed hire rates for the duration of the Contract.
2.
Safety and operating instructions
HFS will provide appropriate written and/or practical instruction in the
safe and correct operation of Equipment.
3.
Testing and inspection of Equipment
HFS will comprehensively test all electrical Equipment before commencement
of hire. Equipment will be inspected and tested where appropriate in
accordance with relevant statutory requirements and if Equipment needs to
be recovered from the Hirer for such purposes HFS will substitute items of
similar specification.
4.
Delivery and collection
All deliveries/collections will be made to/from a ground floor location
only. Following the Hirer’s request, HFS will endeavour to deliver or
collect Equipment during the next business day, wherever possible.
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