General Conditions of Hiring.
Definitions.
Contract – The document or
documents that set out these conditions and all other details
about your agreement with us.
We, us – Whitewaterspas.co.uk
You – the person or other organization (firm, company or
similar) hiring or buying from us.
These terms and
conditions apply, unless we have agreed to any other
conditions in writing.
The contract
will be governed by English law.
Our
charges.
Hire charges for goods .
You must pay the hire charges shown in
the hire contract. These charges will refer to the hire
periop. Interim payments will apply until you have
returned or we have collected the goods in a clean and
useable condition and we have given you a receipt for them.
Charges
are made for all periods including Saturdays, Sundays and
public holidays.
Payment terms for hiring
goods.
All booking deposits are
non refundable.
The balance and all other
charges must be paid upon delivery.
Extended payment terms are by
prior written agreement only.
All payment
methods must be adhered to.
Payment terms for buying
goods.
You must pay us when you
place your order, or when the goods are delivered if we have
agreed this with you.
All payment methods must
be adhered to.
Hire
Periods.
The full hire period is the dates shown on
the hire contract. The period maybe divided into interim hire
periods.
Extensions to the full hire period will be by
mutual agreement only.
You must pay us a service charge if
you choose to terminate the hire period prematurely.
At the end of the full
hire period, goods not made available for collection, or not
returned by yourselves, will be placed back on hire for a
further hire period and at the same hire charge. You must pay
us the extra charges when we ask for them, to include any
additional costs incurred.
Delivery and
collection charges.
You must
pay us any charges for delivering or collecting the goods. If
we quote carriage charges these only cover the time needed to
load and unload our vehicle at the location you have
specified. You must pay extra for any other further time you
cause us to spend, including if we try to follow your
instructions for delivering or collecting the goods but cannot
do so because of your acts or failure to do
something.
When the
contracts starts.
The
contract comes into effect when you have agreed to keep to
these conditions and we have accepted your order.
Safety instructions
when hiring goods.
You must make sure that everyone who uses
the goods, is properly instructed on how to use them safely
and correctly, and that they have all the instructions we have
supplied. You must make sure the goods are not misused.
You
must ensure everyone using the goods is in a sound healthy and
fit state or have the permission of their doctor where
appropriate. Users must not be under the influence of drugs or
alcohol. Supervision should be provided where
appropriate.
Your responsibility
when hiring goods.
You must assist us in the delivery and
collection at your location. You or your agent must give us
clear instructions, and take all reasonable steps to ensure
the safety of our people. We accept no responsibility for any
damage or injuries caused.
You become responsible for the goods when you, or your
agent, receive them.
If the goods are delivered to you this
will be when your responsibility starts. Your responsibilities
include protecting the goods and keeping them safe from
weather, theft, vandalism or improper use. At the end of the
hire period you are responsible for returning the goods to us,
unless you have made arrangements for us to collect
them.
Your responsibility does not end until the
goods have been collected and we are able to give you a
receipt for them. You must not sell or in any way give up
control of the goods.
You will be responsible for any
death, injury, loss or damage caused by the goods being
misused while they are hired to you.
The hired goods
must not be moved from the original location unless you have
notified us and we agree.
Electrical
goods.
If any part
of the goods is electrical, it should be used with the
original plugs and sockets fitted to it. You must make sure
you have a suitable supply of electricity and it must be close
proximity. Never use electrical goods that are not earthed
correctly unless the goods are double insulated. If you need
to fit other suitable plugs and sockets to the goods, this
must be carried out by a competent person who must also return
the goods to their original condition. You must keep to all
regulations which apply, including the Electricity at Work
Regulations 1989, while you are responsible for the
goods.
Maintaining
hired goods, breakdown procedures and reporting
accidents.
You must make sure the goods remain safe,
clean and in working order. Routine maintenance is the
responsibility of the hirer. Damage caused to the goods
through lack of maintenance will be charged to the
hirer.
If the goods break down or are not working properly
you must report this to us immediately. You must not use the
goods or repair them unless we have agreed otherwise.
You
must take all necessary steps to make the goods safe and to
protect them against theft or damage.
You must tell us immediately if the goods
are involved in any accident resulting in damage to the goods
or to other property, or injury to any person.
Limits of our
liability.
All the times and dates we quote for
delivering or collecting the goods are approximate.
We will
not liable for any delays caused by circumstances beyond our
reasonable control.
If the goods breakdown
or stop working, we will determine the problem as soon as
possible, after you have reported it to us, and then try to replace
them or repair the fault as soon as reasonably possible. We
will not be liable for any injury or damage caused.
If you hire or
buy the goods for use in a business , we will not be liable
for any indirect loss or any loss of business or profits,
savings you expect to make, wages, fees or expenses caused by
the goods or any part of them breaking down or stopping
working properly.
Insurance;
payment for hired goods, stolen or damaged.
You must
pay to us the cost of replacing any goods, which are lost or
stolen or damaged beyond economic repair. You should insure
the goods for the replacement cost. If you receive any money
as settlement of any claim relating to the damage or loss or
theft of the goods, you must hold that money separately in
trust for us and pay it to us when we ask you to. You must not
negotiate any claim without our permission.
Lost, stolen,
damaged or unclean hired goods.
You are responsible for looking
after the goods and returning them to us in good working
order.
You must pay us any reasonable costs of
repairing or cleaning the goods if you return them damaged or
unclean.
Ending the contract
if you hire as a private individual.
If you are hiring as a private individual
and not in the course of a business, we may end this contract
if;
You break this contract; or
You become bankrupt; or
You enter into a formal agreement with your creditors
(those you owe money to).
If we end the contract in these
circumstances you must pay us any outstanding
charges.
Ending the contract
if you hire in course of a business.
We may end this contract if;
You break
this contract; or
You become bankrupt; or
As a company,
you start to be wound up or a receiver or administrator is
appointed over all or part of your assets; or
You enter
into any agreement with your creditors or a voluntary
agreement is made which effects you; or
You enter voluntary
agreement.
If we end the
contract in these circumstances, it will end immediately and
we may repossess any or all the goods. If we end the contract,
it will not effect our right to recover any money you owe us
under this contract or damages we claim as a result of you
breaking this contract.
Our rights of
access
We may enter any land or premises where we
reasonably believe the goods are.
We may do this at reasonable
times and after giving reasonable notice. We can only have
access if we need to inspect, test, repair, service, replace
or repossess the goods.
Ownership of and
responsibility for the goods you buy.
If you buy any equipment from us, you will
become responsible for loss or damage as soon the goods are
delivered to you.
We own the goods till you have paid in
full for all the goods we have supplied. Until we have
received full payment for the goods you will hold the goods on
our behalf and you must return them to us if we ask you to. We
may enter any, land or premises of yours, to recover our
goods.