Rental Terms and Conditions
1.1 We are hiring and you are taking on hire the mobility equipment together with any accessories described in the Rental Agreement (‘the Equipment’) for the Hire Period shown in the Rental Agreement and upon the Terms and Conditions set out in this agreement including those set out in the Rental Agreement. Where there are two or more of you, each of you is separately responsible for performing both your own obligations and those of your co-signatories under this agreement.
1.2 You should read these Terms and Conditions carefully and contact us if you have any queries. You will have a short time to cancel this agreement but after that you will be bound by it unless we are in breach of it, as explained in sections 7.3, 7.4 and 13.
1.3 You shall pay to us without previous demand by direct debit the Rental payments specified above punctually at the times and in the way specified above; time is of the essence for all rental payments due under this agreement.
2 Contact Details and communications
2.1 You can contact us by telephoning us at 01732 446 336, by e-mail at [email protected] or by post at the address given above.
2.2 We will contact you by telephone, e-mail or postal address you have provided to us. You must tell us as soon as possible before you change your contact details (or if this is not possible, you must tell us as soon as possible afterwards).
2.3 If you provide us with an e-mail address, you confirm that it is appropriate to send you any notices or communications to you by e-mail.
2.4 In this agreement “writing” includes e-mail where you have agreed to use e-mail as a way of communicating with you.
3 Hire Period
3.1 You shall hire the Equipment for the Hire Period set out above unless we end the agreement early in accordance with these Terms and Conditions or you cancel the agreement in accordance with its terms.
3.2 You have a right to end this agreement on one months’ notice after the agreement has run for 18 months (including the period of notice).
3.3 At the end of the Hire Period (including where we have ended it early in accordance with these Terms and Conditions) you shall return the Equipment to us. We will contact you to arrange this and you are not obliged to send it back to us unless we ask for this.
We shall not be obliged to deliver the Equipment until after your right to cancel this agreement has expired without being exercised. We may agree to do so if you specifically request it.
5 Your obligations in respect of the Equipment
5.1 Ensure the Equipment meets your specific needs
While we have a legal duty to ensure the Equipment is fit for its purpose, only you know the details of your medical condition and the precise use to which the Equipment is to be used. You should ensure that it meets your specific needs.
5.2 Keep the Equipment in good order
You will be responsible for paying for any damage to the Equipment not covered by the insurance policy referred to in section 6, if this results from your breach of this agreement or negligence. This includes significant cosmetic defects resulting from your misuse of the Equipment or your failure to comply with these Terms and Conditions but does not include fair wear and tear.
You should be familiar with the Owner’s Manual supplied with the Equipment as well as any instructions we give you. If these are difficult for you to read, you should contact us and will try to tell you about the important points.
5.3 Store the Equipment in an appropriate place
You shall store the Equipment in a dry, secure location at the address you have notified to us and ensure that any security devices are active when not in use. You must inform us if you are to keep the Equipment at any place other than your address recorded above (if, acting reasonably, we are not satisfied that this is a safe place for the Equipment, we may instruct you not to store it in this place and if you disregard this you will be in breach of this agreement).
5.4 Batteries and tyres
You shall charge the Equipment at least twice per week for at least 5 hours on each occasion. If you do not do this, the battery may fail and you will be responsible for paying for the replacement battery.
You shall keep the tyres on the Equipment inflated to the correct pressure specified in the Owner’s Manual or instructions provided by us (please note solid tyres do not need inflation). If you do not do this and the tyres become unusable or suffer damage as a result, you will be responsible for paying for replacement tyres.
5.5 Conditions in which the Equipment can be used.
The Equipment is designed only for use on made-up roads and in normal weather conditions. It should not be used on rough terrain or in extreme weather conditions - you will be responsible for any damage resulting from your use of the Equipment in such conditions.
5.6 Use the Equipment lawfully and responsibly
You shall drive and park the Equipment responsibly and in accordance with any applicable laws. You shall be responsible for any fixed price or other road traffic penalties incurred by you when using the Equipment. Where we are liable for any such penalties, you shall be responsible for reimbursing us and you authorise us to debit any payment method supplied by you to us for the amount of such penalty.
5.7 Inspection etc.
You must permit our representative access to place where the Equipment is stored or located at all reasonable times for the purpose of inspecting, repairing or removing the Equipment;
5.8 Loss or damage
You are responsible for any loss of or damage to the Equipment whilst in your possession arising from your breach of this agreement or negligence. You must not use the Equipment after any significant damage (which does not include purely cosmetic damage) and must notify us immediately of any loss or damage.
6 Accidents and Insurance
6.1 We shall insure the Equipment including for third party liability, damage and theft and to a very limited extent personal injury to the user which provided that within 3 months of the accident the injury is the sole cause of death, loss of one or more limbs, or permanent blindness in one or both eyes. Maximum benefit payable is £3,000. This shall be included in your Rental payments. You should consider how far this insurance covers your requirements. Further details are available on request.
6.2 We shall also arrange breakdown cover in respect of the Equipment. Details of this with contact number will be provided with the Equipment.
6.3 We will use reasonable efforts to claim under our insurance and breakdown cover, the costs of any loss of, or damage to, the Equipment. If we are unable to do so, and the costs or loss results from your breach of this agreement or negligence, you will be liable to pay to us the cost of any such loss or damage.
6.4 If there is loss or damage to the Equipment (including as a result of theft) you agree to fill in the insurer’s incident report or assist us in doing so. You agree that we will be solely responsible for handling any claim under the insurance cover but you agree to provide us with all reasonable assistance for any such claim.
6.5 If there is an accident using or involving the Equipment (whether or not it is your fault) you agree that you will, in so far as is reasonably possible:
6.5.1 get the names and addresses of any parties involved, including any possible witnesses;
6.5.2 make sure the Equipment is secure; and
6.5.3 inform the Police if any person is injured or there is a disagreement as to facts.
7 Our obligations
7.1 We shall make arrangements for delivery of the Equipment to you at a convenient time for you.
7.2 We will deliver the Equipment promptly and in any event within 30 days of your agreeing to hire it.
7.3 We have legal obligations including to you which include (as a summary):
7.3.1 Our obligation to ensure that the Equipment is of satisfactory quality, that it is fit for any particular purpose you have told us about and that it complies with its description; and
7.3.2 Our obligations in respect of a consumer hire agreement under the Consumer Credit Act 1974 and the rules of the Financial Conduct Authority (“FCA Rules”).
7.4 Nothing in this agreement excludes or restricts any legal rights where the law or FCA Rules does not allow us to do so. This includes your rights, where we have breached our legal obligations summarized in section 7.3.1in the circumstances set out in section 7.3.1, to:
7.4.1 reject the Equipment within 30 days of delivery; or
7.4.2 require repair or replacement of the Equipment and if after one attempt to repair or replace the Equipment it still fails to comply under section 7.3.1, reject the Equipment.
7.4.3 Where you exercise these rights we will arrange collection of the Equipment at a convenient time and at no cost to you and in accordance with our legal obligations shall refund an appropriate proportion of your Rental payment (allowing for any use you have made of the Equipment and any damage to it for which you are responsible).
7.5 Subject to sections 7.3 and 7.4, so long as you observe the Terms and Conditions of this agreement, we shall maintain the Equipment in good repair and working condition.
7.6 We shall be at liberty to remove the Equipment or any part of it for repair or maintenance. You shall co-operate with us to enable us to do this promptly and effectively.
7.7 So long as you observe the Terms and Conditions of this agreement, we shall use reasonable efforts to ensure that any repair or maintenance work is done promptly. If the period during which you are without the Equipment exceeds three days, we shall use reasonable efforts to replace it with equipment of similar (but not necessarily identical) type which shall be held by you on these Terms and Conditions.
7.8 Subject to sections 7.3 and 7.4, unless we agree otherwise in writing, you will not be entitled to any reduction or refund of Rental payments between the dates of removal and replacement or substitution provided such period does not exceed 3 working days. If it does exceed 3 working days and we have not provided a temporary replacement, we will make a pro rata deduction from the Rental payments.
8 Prohibition against sale etc.
8.1 You agree to hire the Equipment not to buy it. It will not become yours.
8.2 You agree not to sell, underlet or dispose of the Equipment, nor allow it to be seized in satisfaction of your debts or for any other legal process. If you do any of these things, you agree to pay to us the full amount of any losses, costs, claims, damage and expenses resulting directly or indirectly from your breach.
9 Our liability
9.1 Nothing in this agreement excludes or restricts any liability we may have for death or personal injury (including any liability which cannot be excluded or restricted by law or the FCA Rules).
9.2 Subject to section 9.1, we will only be liable for reasonably foreseeable losses, costs and expenses which result from our breach of these Terms and Conditions or our negligence.
9.3 Subject to section 9.1, we accept no responsibility for consequential loss or damage arising from the hiring of the Equipment unless it is a reasonably foreseeable result of our breach or negligence.
9.4 Subject to section 9.1, we accept no responsibility to the Hirer or any third party for any loss or damage to any property left on the Equipment in the event of loss of, or damage to, the Equipment used on or with the Equipment.
10 Breach of this agreement by you
We may terminate this agreement for your breach by giving you written notice in the form required by law in any of the following circumstances:
10.1 You fail to make any Rental payment or other amount when due;
10.2 You commit any other breach of this agreement;
10.3 You deliberately or negligently provide us with incorrect or false information whether or not recorded above; or
10.4 A petition for a bankruptcy order is presented in respect of you, or any meeting of your creditors is called, or you execute any assignment for the benefit of your creditors. This applies to either of you, are joint hirers.
10.5 After such notice by us to end this agreement you will no longer be in possession of the Equipment with our consent. You must pay us reasonable costs of enforcing the agreement which may include reasonable legal costs or reasonable costs involved in our taking possession of the Equipment.
11 Death of Hirer(s)
11.1 Under section 86 of the Consumer Credit Act 1974, we may not on your death either terminate this agreement or take possession of the Equipment without a court order.
11.2 If a Hirer dies and his or her personal representatives contacts us to return the Equipment voluntarily showing us evidence of death (such as a death certificate) we will arrange prompt collection of the Equipment by arrangement with the Hirer’s personal representatives and will make no further Rental charges.
12 Ending this agreement (“termination”) when there has been no breach
12.1 We may, after written notice to you, terminate this agreement if:
12.1.1 you have made any false or incorrect statement (whether or not recorded above) which is not deliberate or negligent but which we reasonably regard to be material for the purposes of this agreement;
12.1.2 if you move or propose to move to an address outside our service area; or
12.1.3 if we reasonably decide that the Equipment can no longer be efficiently serviced or maintained.
12.2 We may also, after written notice in the form required by law, end this agreement if, for reasons other than breach of this agreement by you or us, we reasonably believe that you are unable to use the equipment correctly or safely or that your continued use of the Equipment poses a safety risk to yourself or others.
13 When you can cancel or end the agreement
13.1 You have the right to cancel this agreement in accordance with the statutory notice given to you if you have changed your mind about hiring the Equipment. You will have this right until in 14 days beginning with the day after we have both signed the agreement and a copy has been sent to you.
13.2 If you cancel under section 13.1 and the Equipment has been delivered to you before the end of the cancellation period at your specific request, you must pay us a reasonable amount for use of the goods in the period before cancellation. We can deduct this from any payment you have made.
13.3 Subject to section 13.2, when you cancel this agreement, we will arrange collection of the Equipment and will return any payments made by you as required by law. Until we collect the Equipment, you will be obliged to take reasonable care of it and keep it in your possession. You must compensate us for any damage to, or loss of value of, the Equipment resulting from your treatment of it which is in breach of this agreement.
13.4 You can also end the Agreement and reject the Equipment in the circumstances set out in sections 7.3 and 7.4 of these Terms and Conditions.
13.5 You may end the agreement without further charges at any time if you can show that because of a deterioration in your health, you can no longer safely operate the Equipment. We may require reasonable confirmation of this which may include a doctor’s letter or certificate.
13.6 You may end this agreement by one months’ written notice expiring at any time after the minimum period of hire has expired, or by written counter-notice if we give you notice during the minimum period of hire of any increase in Rental payments other than that caused by an increase in the rate of VAT.
13.7 We may in our discretion agree to your ending this agreement in other exceptional circumstances but are not obliged to do so. If we do we will require: (i) a Rental payment of one month in lieu of notice; and (ii) a further payment to compensate us for loss of Rental payments for the remaining part of the minimum period of up to 50% of the Rental payment due to us for the remaining part of the minimum period, subject to our attempting to mitigate this by finding another hirer for the Equipment.
14 Return of Equipment
Upon ending this agreement you will surrender up the Equipment to us in good condition (fair wear and tear excepted) and pay us all amounts due but unpaid up to the date of termination, subject to your legal rights summarized in section 7.4.
15 Transfer and assignment
We shall be entitled at any time to transfer or assign the benefit of this agreement provided that this does not detrimentally affect your rights under it. You may not transfer your rights or your obligations under this agreement.
16 Joint hirers
Where you are more than one, each of you is separately responsible for performance of this agreement as set out in section 1.1.
17 Complaints and regulatory details
17.1 We are authorised and regulated by the Financial Conduct Authority under number 731099.
17.2 During your relationship with us, you may wish to make a complaint. For this reason, we have procedures for handling your complaints fairly and promptly. If you have a complaint, you should contact us using the contact details below.
Operations Manager, The Old Dairy, Scords Farm, Toys Hill, Westerham, Kent TN161E, telephone 01732 446 336, by e-mail at [email protected].
17.3 We will try to resolve your complaint as quickly as possible and to your complete satisfaction. If we are unable to assist you further, you may be able to refer your complaint to the Financial Ombudsman Service (“FOS”) for independent assessment. FOS is a free and independent organisation that specialises in settling disputes between clients and financial firms (including us). Contact details for FOS are as follows:
17.4 Financial Ombudsman Service Exchange Tower London E14 9SR (www.financialombudsman.org.uk).
17.5 Our VAT number is 23 5333 47
18 Applicable law, courts and languages.
18.1 This agreement is governed by English law and you or we can bring legal proceedings concerning this agreement in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the agreement in either the Scottish or the English courts. If you live in Northern Ireland you or we can bring legal proceedings in respect of the agreement in either the Northern Irish or the English courts.
18.2 English law shall also apply to the establishment of relations with you before the conclusion of this agreement.
18.3 The information and terms and all communications relating to the agreement will be in English.
19 Data protection
Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.
Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.
We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers or advisers.
We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
20 Changes to this agreement.
20.1 We may make changes to this agreement by notice to you in accordance with any applicable law:
20.1.1 to reflect changes in relevant laws and regulatory requirements;
20.1.2 to implement minor technical adjustments and improvements;
20.1.3 where we reasonably consider that: (i) the change would make the terms easier to understand or fairer to you; or (ii) the change would not be to your disadvantage;
20.1.4 where we reasonably consider that the change is necessary for safety reasons.
20.2 We may also change the charges payable under this agreement by giving you notice. We shall not issue any such notice during the Hire Period, except on account of any change in the rate of VAT on Rental payments or for any reason outside our control.