Terms and Conditions of Hire
All Goods illustrated in this web-site are offered subject to our terms and conditions as specified below.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY:
YOUR RIGHTS
The Consumer Protection (Distance Selling) Regulations 2000 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made.
The Regulations gives you a number of rights. Among these is the right to end the agreement by writing to the person authorised to receive your payments and giving at least 7 days notice upon receipt of the goods. You will have to make all the payments including any arrears until the time the agreement comes to an end.
1 Interpretation
1.1 In this Agreement the following terms shall have the following meanings unless the context otherwise requires:
"THE AGREEMENT" means the agreement which incorporates these
conditions and made between the Consumer and the Supplier for the hire of
hire goods
"BALANCE OUTSTANDING" means the aggregate of the rentals which but for the termination of this Agreement, would have been payable by the
Consumer from the date of termination up until the date of expiry of this
Agreement
"CONSUMER" means consumer to who, in buying something to which the
Regulations apply, is acting for purposes that are outside their business
IMPORTANT - YOU SHOULD READ THIS CAREFULLY:
YOUR RIGHTS
The Consumer Protection (Distance Selling) Regulations 2000 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made.
The Regulations gives you a number of rights. Among these is the right to end the agreement by writing to the person authorised to receive your payments and giving at least 7 days notice upon receipt of the goods. You will have to make all the payments including any arrears until the time the agreement comes to an end.
All Goods illustrated in this web-site are offered subject to our terms and conditions as specified below.
YOUR RIGHT TO CANCEL
Once you have agreed to the terms and conditions and submitted your order agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by e-mail by the Supplier. Once a refund request has been agreed then a refund will be granted within 2 working days.
"GOODS" means any machine, tool, device together with any accessories
which are hired to the Consumer
"HIRE PERIOD" means the period commencing when the Consumer holds the
Goods on hire (including Saturdays Sundays and Bank Holidays) and ending
upon the happening of certain events:
(i) The physical return of the Goods from the Consumer into the
Supplier"s possession
(ii) The physical repossession or collection of the Goods by the Supplier
"THE REGULATIONS" means the Consumer Protection (Distance Selling)
Regulations 2000
"RENTAL" means the Supplier"s charging rate for the hire of the Goods which
is current from time to time during the Hire Period
"SERVICES" means the services (if any) to be performed by the Supplier for
the Consumer in conjunction with the hire of the Goods including and delivery
and or collection service of the Goods
"SUPPLIER" means www.get-cleaning.co.uk and will include its employees,
agents, servants and duly authorized agents
1.2 The headings in this Agreement are for convenience only and shall not affect
its interpretation.
2 Commencement and Delivery
2.1 Where hire of the Goods is to a Consumer and the hire would be covered by
the Consumer Credit Act 1974 (as amended) the duration of the Hire Period shall not
exceed 3 months after which time this Agreement shall be deemed to have
automatically terminated. Accordingly the hire of any Goods is not covered by the
Consumer Credit Act 1974 (as amended).
2.2 The Hire of Goods are hired subject to them being available for hire to the
Consumer at the time required by the Consumer.
2.3 The hiring shall commence on the date of this Agreement and shall continue
for the Hire Period unless otherwise determined as hereinafter provided.
2.4 Upon expiry of the Hire Period, the Consumer shall forthwith make available
to the Supplier the Goods in good working order and condition (fair wear and tear
excepted) at the time and address as the Consumer specifies at the time of order and in
the event of the Consumer making default of this sub- clause: (i) the Supplier shall be
entitled to retake possession of the Goods, and (ii) the Consumer shall on demand pay
to the Supplier Rental in respect of the Goods at the same rate or at such increased
rate as may be specified from the date of expiry of the agreement to the date of
repossession.
2.5 The parties agree that time is not of the essence in delivering the Goods.
2.6 The Supplier will endeavour to collect the Goods after the end of the Hire
Period or the next working day at the request of the Consumer after termination.
2.7 The liability of claims made by the Consumer does not extend to any
inconsequential losses caused by late or non-delivery of the Goods or breakdown of
the Goods or due to circumstances beyond the Supplier"s control.
3 Payment
3.1 The Consumer shall pay punctually (without previous demand) to the Supplier
the Rentals and or other charges for any Services which shall be quoted to the
Consumer or otherwise shown in the Supplier"s current price list from time to time.
The Supplier"s prices, unless otherwise stated, are inclusive of VAT.
3.2 The Supplier shall be at liberty to vary the said Rentals in accordance with 3.1.
3.3 If any Services are delayed, postponed and/or are cancelled due to the
Consumer failing to comply with its obligations the Consumer 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 delay is caused by an event
outside the Consumer"s reasonable control.
3.4 The time of payment of each and every Rental under sub-clause 3.1 above
and of each and every sum payable under sub-clause 3.3 above shall be of the essence
of this Agreement. Payment shall not be deemed to be paid until the Supplier has
received cleared funds. Where a credit account has not been granted then payment of
any charges or any other sums due under this Agreement shall be made with the order
for the Goods.
3.5 All payments under this Agreement shall be made to the address of the
Supplier as stated above or at such other address as the Supplier shall notify to the
Consumer. Payments dispatched by post shall be so dispatched at the risk of the
Consumer.
3.6 In the event that actual charges for the Hire Period supplied by the Supplier
exceed the amount charged then this additional amount may be taken from the
credit/debit card used by the Consumer.
3.7 If the Supplier has granted a credit account to the Consumer then payment of
any charges or any other sums due under this Agreement shall be made in full cleared
funds within 30 days following the date of the invoice.
3.8 The Consumer shall notify the Supplier of any invoice queries within 7 days
of the invoice date.
3.9 The Supplier may set a reasonable credit limit for the Consumer. The Supplier
reserves the right entirely at its own discretion to terminate or suspend the Agreement
if the Consumer exceeds its credit limit or is likely to
4 Interest
4.1 Interest shall by payable by the Consumer on:
4.1.1 if the Consumer fails to make payments in full on the due date on the amount
unpaid;
4.1.2 all other sums payable or which become payable under this Agreement which
are unpaid;
from the due date to the date of payment at 4% above the Barclays Bank PLC Base
Rate from time to time prevailing or at the rate implied by law under the Late
Payment of Commercial Debts (Interest) Act 1988 (where applicable) (whichever is
higher).
4.2 Any interest payable under sub-clause 4.1 above shall run from day to day and
shall accrue after as well as before any judgment.
4.3 The Consumer shall pay all sums due to the Supplier under this Agreement
without any set off, deduction, counterclaim and/or withholding of any monies.
5 Risk Ownership and Insurance
5.1 Risk of the Goods will pass immediately to the Consumer when they leave the
physical possession or control of the Supplier.
5.2 Risk will not pass back to the Supplier until the Goods are back in the physical
possession or control of the Supplier.
5.3 Ownership of the Goods shall remain with the Supplier. The Consumer has no
right, interest or title in the Goods.
6 Covenants of the Consumer
6.1 The Consumer hereby agrees and covenants with the Supplier as follows:
6.1.1 to acknowledge receipt at delivery of the Goods by signing the delivery
document;
6.1.2 to allow sufficient delivery and collection access to the Goods and to remain
responsible for the Goods until actual collection and the Consumer will ensure
that the premises where the Services are performed is where necessary cleared
and prepared before the Services are due to commence;
6.1.3 not to interfere or permit interference with the Goods or any part thereof or to
remove or permit the removal of any identification registration or other
identifying marks or numbers on the Goods;
6.1.4 to take reasonable care of the Goods and to use the Goods for their proper
purpose;
6.1.5 to be responsible for the safe operation of the Goods in accordance with the
appropriate written, safety and/or practical instruction issued by the Supplier;
6.1.6 not, in the opinion of the Supplier, to jeopardise the Goods or to permit them
to be placed in jeopardy;
6.1.7 to permit the Supplier and any person duly authorised by it at all reasonable
times to inspect the Goods and for the purposes of carrying out the same, to
have access to any premises where the Goods may be situate;
6.1.8 to keep the Goods at all times in its possession and control and not to remove
or to permit the removal of the same from the United Kingdom without the
consent in writing of the Supplier;
6.1.9 to notify the Supplier forthwith of any change of address and, upon the request
of the Supplier, to notify the Supplier of the location of the Goods;
6.1.10 not to sell assign let pledge mortgage charge encumber part with possession of
or otherwise deal with the Goods or any interest therein nor to create or to
permit the creation of any lien on the Goods;
6.1.11 to keep the Goods free of any distraint, distress, execution or other legal
process;
6.1.12 not to do anything or permit anything to be done which may make any policy
of insurance for the Goods void or voidable or may make any premiums on
the Goods to be increased;
6.1.13 that if any premium of insurance is increased due to the act or default of the
Consumer or any monies are withheld due to the act or default of the
Consumer, the Consumer shall immediately repay to the Supplier any
increased premium or indemnify the Supplier for the irrecoverable portion of
the insurance monies;
6.1.14 to notify the Supplier immediately of any loss of, or material damage to, the
Goods. In addition, the Consumer must not attempt to repair the Goods (unless
authorized in writing by the Supplier to do so) and not to continue to use the
Goods where they have been damaged;
6.1.15 to pay punctually all taxes rates charges assessments and other outgoings
payable in respect of any premises in which the Goods may from time to time
be held and in the event of the Consumer making default under this
sub-clause, the Supplier shall be at liberty to make all or any such payments
and to recover the amount thereof from the Consumer on demand;
6.1.16 to permit the Supplier or any duly authorised person, for the purpose of
carrying out their obligations to have access to and/or to remove the Goods or
any part thereof and to return the Goods in good working order and condition
(fair wear and tear excepted) and in a clean condition together with all
insurance policies and other documents relating to the Hire of the Goods
(where applicable). In the event that the Consumer fails to return the Goods in
a clean condition then the Supplier is entitled to deduct a further £10 from the
credit/debit card used by the Consumer;
6.1.17 If the Goods are unavailable for inspection after reasonable notice given by the
Supplier to the Consumer the Consumer the Goods will be treated as lost and
the Consumer agrees to indemnify the Supplier for Goods replacement and
revenue loss. Hire charges accrue until full settlement is made;
6.1.18 To take adequate and proper measures to protect the Goods from theft, damage
and/or other risks;
6.1.19 Where the Goods require oil and/or electricity to ensure that the proper type
and/or voltage is used and that, where appropriate, the Goods are properly
installed by a qualified and competent person;
6.1.20 Only consumerables, cleaning solutions, peripheral accessories supplied by the
Supplier are to be used with the Goods.
7 Covenants of the Supplier
7.1 Provided always that the Consumer duly complies with each and every one of
its obligations under this Agreement, the Supplier shall at its own expense, maintain
the Goods in good working order and condition.
7.2 In order to maintain the Goods as aforesaid, the Supplier shall be entitled to
remove the Goods and to keep them for such period or periods as is necessary, in the
opinion of the Supplier, for it to carry out itsobligations under sub-clause 7.1 above.
7.3 Without prejudice to the foregoing, the Supplier shall, at its discretion and for
such period or periods as the Supplier shall deem necessary, upon giving the
Consumer the requisite notice under the Regulations, be entitled to replace the Goods
with goods of the same or similar type to which the terms of this Agreement shall
apply.
7.4 The obligations of the Supplier under this clause shall not arise in respect of
any damage caused to or occasioned by the Goods or any part thereof as a result of a
breach by the Consumer of its obligations or any of them under clause 5 above.
7.5 Upon return of the Goods the Supplier shall issue a return note to the
Consumer.
8 Application of insurance monies
8.1 The Supplier may at its sole discretion require that any insurance monies
received by the Supplier or the Consumer under any policy of insurance required to
be taken out by the Supplier above in respect of the Goods shall be applied towards
any or all of the following:
8.2 making good the loss or damage in respect of which the monies were received;
8.3 compensating the Supplier in respect of any loss or damage suffered or
sustained by the Supplier as a result thereof;
8.4 upon giving the Consumer the requisite notice under the Regulations
replacing the Goods by goods of a similar kind to which the terms of this Agreement
shall apply;
8.5 and the Consumer shall hold any monies received by it as aforesaid upon
trust for the Supplier accordingly.
9 Termination by the Supplier
9.1. If any of the following events occur:
9.1.1 the Consumer fails to pay any rental or other sum payable under this
Agreement on its due date (whether previously demanded or not);
9.1.2 the Consumer provides incomplete or materially inaccurate or misleading facts
or information in connection with this Agreement to the Supplier in the
negotiations for this Agreement;
9.1.3 a bankruptcy petition is presented against the Consumer or the Consumer has a
bankruptcy order or an interim order made against it under the Insolvency Act
for the time being in force or (in Scotland) becomes notour bankrupt or is
sequestrated;
9.1.4 the Consumer commits any breach of the terms and conditions (whether
express or implied) of this Agreement;
9.1.5 any attachment order is made against the Consumer or any distress diligence
execution or other legal process is levied on any property of the Consumer;
then
9.1.6 if the event is one set out in clause 9.1.1 or 9.1.4 above the Consumer shall
be deemed to be in repudiatory breach of the terms of this Agreement;
9.1.6 upon the occurrence of any such event as is specified in clauses 9.1.1 to 9.1.5
above,
and without prejudice to any other rights and remedies which the Supplier may
possess, the Supplier shall be entitled on or after the date specified in any notice
required by the Regulations to be served on the Supplier, to terminate this Agreement
and upon such termination this Agreement and the hiring thereunder shall determine
and the Consumer shall cease to be in possession of the Goods with the Supplier"s
consent and, subject to the provisions of clause 10 below and any pre-existing
liabilities of the Consumer hereunder, neither party shall have any rights as against
the other.
10 Liability of Consumer on termination by Supplier
10.1 Upon termination of this Agreement pursuant to the provisions of clause 9
above:
10.1.1 the Consumer shall forthwith make available the Goods in good working order
and condition (fair wear and tear excepted) to the Supplier as the Supplier
shall appoint and shall forthwith deliver up all documents relating to the
Goods;
10.1.2 in the event of the Consumer making default under sub-clause 10.1.1 above,
the Supplier shall be entitled without notice to retake possession of the Goods;
10.1.3 the Consumer shall pay to the Supplier on demand:
10.1.3.1 all arrears of Rentals, interest and any other sums payable under this
Agreement up to the date of termination;
10.1.3.2 except for those repairs which the Supplier is required to carry out in order to
comply with its obligations contained herein, the cost of all repairs required to
be done to the Goods in order to put them in good working order and condition
(fair wear and tear excepted);
10.1.3.3 by way of agreed or liquidated damages, a sum equivalent to the Balance
Outstanding at the date of termination less: (i) a rebate for accelerated receipt
of rentals at the rate of 4% per annum from the date of payment to the date of
expiry of this Agreement (ii) the costs of maintenance of the Goods during the
unexpired period of the Agreement.
10.2 If the Goods are not available for collection at the booked collection date and
time specified by the Consumer, Rental will continue to be payable on a daily
basis until the Goods are made available for collection and the Supplier shall
be entitled to take the additional charges from the credit or debit card used by
the Consumer.
11 Termination by Consumer
11.1 The Consumer shall be entitled to terminate this Agreement within seven days
of receipt of the Goods.
11.2 Upon termination of this Agreement by the Consumer, the Consumer shall
forthwith:
11.2.1 make available to the Supplier the Goods in good working order and condition
(fair wear and tear excepted) at the address stated above or at such other
address as the Supplier shall appoint and shall deliver up all documents
relating to the Goods;
11.2.2 pay to the Supplier all arrears of rentals, interest and any other sums payable
under this Agreement;
11.2.3 the Supplier also has the right to charge for cancellation by the Consumer for
any costs incurred in delivery and collection of the Goods.
12 Indemnities
12.1 Without prejudice to any other rights and remedies which the Supplier may
possess, the Consumer shall be liable for and shall indemnify the Supplier against all
or any of the following:
12.1.1 any loss or damage to the Goods, howsoever arising;
12.1.2 all loss damage or expense (including any legal costs on a full indemnity
basis) incurred or sustained by the Supplier as a result of any claim made or
brought by any third party arising out of the use, state or condition of the
Goods;
12.1.3 all costs and expenses (including any legal costs on a full indemnity basis)
incurred or sustained by the Supplier in retaking possession of the Goods and
in enforcing any of the terms of this Agreement.
12.1.4 all costs and expenses incurred or sustained by the Supplier in collecting the
Goods from the Consumer in the event that the Consumer terminates the
Agreement.
13 Ownership of Goods
13.1 The Goods hired remains the property of the Supplier at all times.
14 Exclusion clauses
14.1 Save where the Consumer deals as a Consumer, all conditions, warranties and
representations, whether express or implied, relating to the quality of the Goods, to
their suitability or fitness for any particular purpose for which they are or may be
required and to their conformity with description or sample, whether arising by reason
of statute common law or otherwise, are hereby expressly excluded.
15 Notices and services
15.1 Any notice or other information required or permitted to be given by either
party under this Agreement shall be deemed to have been validly given if served
personally upon that party or if sent by first class pre-paid post to the address of that
party as stated above or to its last known address.
15.2 Any notice or other information sent by first class pre-paid post shall be
deemed to have been received by the other party within 48 hours after the date of
posting.
16 Acceptance
16.1 This Agreement shall be deemed to be made on the date when the order is
submitted.
17 General
17.1 Where two or more persons are stated to be the Consumer each of those
persons shall be jointly and severally liable for the performance of the obligations of
the Consumer set out in this Agreement.
17.2 The Consumer authorises the Supplier to disclose details of and relating to this
Agreement to any credit reference agency and to any other person for the purpose of
the Supplier"s business.
17.3 This Agreement is not assignable and is effective when the Supplier accepts
the Consumer"s detailed order.
18 Data Protection
18.1 The Supplier may disclose information about the Consumer, this Agreement
and the conduct of the Consumer"s account (including payment record) to any credit
reference agencies. Such information may also be disclosed to other lenders, the
Supplier"s insurers and any other person or supplier which the Supplier may elect
from time to time for the purposes of considering any other future applications for
finance and financial related services that may be made by the Consumer or any
member of the Consumer"s household, fraud prevention, tracing debtors and
recovering debt, carrying out statistical analysis and administering the Consumer"s
account.
18.2 The information which the Supplier holds about the Consumer may be used
for the purpose of carrying out market research. The Supplier may also provide the
Consumer with information about the Supplier"s other products and services and
those of third parties. For these purposes, the Supplier may contact the Consumer by
post, telephone, e-mail, fax or other means. If the Consumer does not wish to be
contacted by these means he should write to the Supplier at the address revealed on
their website.