CARPET CLEANER HIRE PORTSMOUTH

Terms & Conditions 

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DEFINITIONS

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The following expressions shall have the following meanings:

‘Owner’ means Copnor Cleaners of Portsmouth , 3090 copnor road , copnor , portmouth , hampshire , po35eg.

‘Hirer’ means any person who makes an agreement for hire with the Owner;

‘Equipment’ means all items belonging to the Owner and hired by the Hirer as specified in the Hire Agreement or agreed between the parties;

‘Consumables’ means approved products required for use with the Equipment, if any, as outlined in the Hire Agreement

‘Services’ means the hire of equipment as described in the Hire Agreement

‘Hire Agreement’ means the contract between the Owner and the Hirer for the provision of the Services incorporating these Terms and Conditions

‘Site’ means the location specified by the Hirer where the Equipment is to be used as described in the Hire Agreement

‘Fees’ means the payment due from the Hirer to the Owner for the provision of the Services

‘Terms and Conditions’ means the terms and conditions of supply of services as set out in this document and any subsequent terms and conditions agreed in writing by the Owner

GENERAL

These Terms and Conditions shall apply to the Hire Agreement for the supply of Services by the Owner to the Hirer and shall supersede any other documentation or communication between parties.

Any variation to these Terms and Conditions must be agreed in writing by the Owner.

Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Owner may be entitled in relation to the Services, by virtue of any statue, law or regulation.

Any reference in these Terms and Conditions to legislation, statute, regulation or provision thereof shall be construed as a reference to that legislation, statue, regulation or provision as amended, enacted or extended at the relevant time.

Nothing in the agreement shall exclude or limit any statutory rights of the Hirer.

HIRE AGREEMENT

The Hire Agreement for Services provided is attached to these Terms and Conditions

The Hire Agreement must be accepted by the Hirer in its entirety.

The Hire Agreement between the Owner and the Hirer, incorporating these Terms and Conditions, shall only come into force when the Hirer as signed the Hire Agreement.

SERVICES AND DELIVERY

The Services are described in the Hire Agreement

Any variation to the Services must be agreed by the Owner in writing.

On delivery 2 forms of ID will be required, 1st ID includes either a full UK driving licence OR passport and 2nd Id must include either a recent household bill OR bank statement issued within the last 6 months.

The Services shall commence on the delivery date specified on the Hire Agreement and shall continue for the hire period stated on on the Hire Agreement or until terminated in terms of this agreement.

The Services shall be carried out at the Site or any other location that the Owner agrees with the Hirer in writing.

 

FEES

The Hirer must settle all payments for Services upon delivery of Equipment hired.

A deposit may be required. If a deposit is required, it will be held as security by the Owner for the duration of the agreement. On termination of the agreement the deposit shall be refundable in full to the Hirer less any amounts deducted to cover damage, loss, payments due or other costs covered by the agreement.

The period of hire is as detailed in the hire agreement and no credit will be given or monies refunded by the Owner to the Hirer if the Hirer deems not to require the equipment for the full agreed time.

HIRER’S OBLIGATIONS

The Hirer agrees to cooperate with the Owner at all times.

The Hirer shall not permit any other person to use the equipment without the express permission of the Owner.

The Hirer must not use the equipment outside of the UK without the permission of the Owner.

The Hirer agrees to hire the Equipment for private domestic use only.

The Hirer must use the equipment in a skilful and proper manner and not use the Equipment for any purpose beyond its capacity.

The Hirer shall maintain adequate insurance policies to cover all liabilities as set out in these Terms and Conditions.

During the period of hire, the Hirer must keep the Equipments security and safekeeping.

The Hirer must read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions.

The Hirer must immediately inform the Owner of any breakdown of the Equipment or a problem affecting the working of the Equipment as soon as possible by contacting 07722194049 to allow the Owner to repair or exchange it.

The Hirer shall allow the Owner access to inspect the Equipment upon reasonable notice at any time.

Unless otherwise agreed in writing by the Owner, the Hirer must keep the Equipment in its own possession at the site.

The Equipment must be returned in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. The Owner shall be allowed to charge for the cleaning and/or restoration of any Equipment not returned in a good and proper condition.

The Hirer shall not be liable to pay the Owner for any loss, theft or damage to the Equipment where reasonable efforts have been made by the Hirer to look after it or where damage arises due to the poor quality of the Equipment. Where any loss, damage or theft occurs because the Hirer has failed to look after the Equipment the Hirer will pay the Owner the cost of the Equipment on a ‘new for old’ basis according to the current list price.

The Hirer must inform the Owner immediately of any accident involving the Equipment resulting in injury to persons or damage to property.

The Hirer must inform the Owner immediately of any loss, theft or damage to the Equipment.

The Hirer must assist the Owner and its insurers as far as reasonably possible where there is any loss, theft or damage to the Equipment, including reporting any theft to the Police.

The Hirer must not repair the Equipment without the prior written consent of the Owner.

OWNER OBLIGATIONS

The owner shall supply the Services as specified in the Hire Agreement and in these Terms and Conditions.

The Owner shall ensure that the Equipment is sound and adequate for the purpose requested by the Hirer.

The Owner shall maintain appropriate insurance policies to cover the provision of Services.

EQUIPMENT

Title to the Equipment remains with the Owner at all times. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer for the period of the Services.

The Hirer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.

In the event of any default of this agreement on the part of the Hirer the Owner is entitled to resume possession of the Equipment.

Risk in the Equipment passes immediately to the Hirer when the Equipment leaves the possession of the Owner.

Risk in the Equipment will not pass back to the Owner from the Hirer until the Equipment is back in the physical possession of the Owner. This shall apply even if the Owner has agreed to cease charging for the hire of the Equipment.

TERMINATION

In respect of Services provided for a fixed period as specified in the Hire Agreement the agreement shall continue until the Services have been provided in terms of the said Hire Agreement or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

Any rights to terminate the agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the agreement as at the date of termination.

WARRANTY

Both parties warrant their authority to enter into this agreement and have obtained all necessary approvals to do so.

LIMITATION OF LIABILITY

The Owner shall not be responsible for:

Losses that were not caused by any breach on the part of the Owner; or

Any indirect or consequential losses that were not foreseeable to both the Hirer and the Owner.

Nothing in these Terms and Conditions limits or excludes the Owner’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Owner’s negligence or wilful misconduct.

The Owner shall have no liability for additional damage, loss, liability, claims, costs or expenses, caused or contributed to by the Hirer’s continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have been so to the Hirer.

ASSIGNMENT

The Hirer shall not be entitled to assign its rights or obligations or delegate its duties under this agreement without the prior consent of the Owner.

RELATIONSHIP OF PARTIES

Nothing in the agreement shall be constructed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.

THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.