Service Hire and Sales Terms and Conditions
This Contract is for the hire of items and accessories (“Equipment”) and the sale of ‘resale’ goods (“Goods”) detailed overleaf, and the parties to the Contract are:
i. The person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
ii. The Electric Pedals Experience Limited (Registered No. 08130783) with registered offices at 182 Ivydale Road, London, SE15 3BT (“Electric Pedals”).
iii. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
b. Extent of Contract and Cancellation
The Contract is not assignable and is effective when Electric Pedals accepts the Hirer’s confirmation. Electric Pedals reserves the right to charge for cancellation. Cancellation within two weeks of event date require 50% of the total invoice. Cancellation within one week of event date require 100% of the total invoice.
Electric Pedals 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.
d. Ownership of Equipment and Goods
Equipment hired remains the property of Electric Pedals at all times. Ownership of Goods purchased transfers only when full payment is received by Electric Pedals .
2. SERVICE HIRE CHARGES
a. Basis of charging
The stated hire charges laid out within the Quotation are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Quotation and are based on the current Electric Pedals price list.
b. 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.
Deposits are set by Electric Pedals at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer upon confirmation of the hire and before the commencement of the hire period. In the event that deposit amount exceeds the total monies due, balances will be refunded by cheque or BACS transmission within 7 business days.
d. Cleaning and damage repair
The Electric Pedals will pay for required cleaning, breakages and damage repair.
e. Loss of Equipment
Electric Pedals will treat Equipment not returned or available for collection by the end of the agreed hire period, including any agreed extension to said period, as lost. The Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
a. Payment Terms
Should Electric Pedals grant a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT where applicable, shall be made in full cleared funds within 30 days of the date of invoice or within 30 days of the end of the hire period whichever falls latest. We require 50% of the full payment two weeks prior to the event date, and the remaining 50% to be paid within 30 days of the date of invoice or within 30 days of the end of the hire period whichever falls latest. When a credit account has not been granted, payment of any charges or any other sums due under the Contract shall be made at the point of order for the Equipment or Goods. 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 Electric Pedals has received cleared funds or cash.
b. Invoice Queries
The Hirer should notify Electric Pedals of any queries concerning invoices in writing within 14 days of the invoice date. Electric Pedals will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
c. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by Electric Pedals in the recovery of amounts due, Equipment and/or Goods. In addition Electric Pedals may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 5% and/or may suspend further services to the Hirer.
d. Credit Limits
Where Electric Pedals has granted a credit account to the Hirer, Electric Pedals may set a reasonable credit limit. Electric Pedals reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. HIRER’S RESPONSIBILITIES
a. 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 Electric Pedals immediately by telephone.
b. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
c. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to Electric Pedals and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the Electric Pedals operating and safety instructions supplied) 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 Electric Pedals of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-Electric Pedals Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
e. Return or collection of Equipment
The Hirer must ensure that Equipment is returned or ready for collection by the agreed date and time. The Hirer remains responsible for the Equipment, and in particular its security, until collection or return.
f. 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 Electric Pedals any insurance claim proceeds. This liability is without prejudice to any Electric Pedals rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of Electric Pedals.
5. ELECTRIC PEDAL'S RESPONSIBILITIES
a. Hire rates
Electric Pedals will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions
Electric Pedals will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment
Electric Pedals 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 Electric Pedals will substitute items of the same or similar specification.
d. Delivery and collection
Electric Pedals will deliver or collect Equipment at the agreed time and date wherever possible.
e. Returned Goods
Electric Pedals will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
f. Limitation of liability
The liability of Electric Pedals for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above Electric Pedals will be liable for negligence or error in the performance of its obligations under the Contract.
6. DATA PROTECTION
The information you provide will be held in accordance with the Data Protection Act 1998 and will be used by Electric Pedals. We may want to contact you from time to time about other products or services available from us. We will never release your contact details to other companies without prior consent. If you do not want to receive further contact from us then please notify us by email: firstname.lastname@example.org
7. WEBSITE TERMS & CONDITIONS
No Representation or Warranty
a. This Web Site is provided by us on an “as is” basis to users. You use this Web Site at your own risk.
b. We make no representations, warranties or conditions, express or implied, statutory or otherwise with respect to 1) this Web Site, its content, services, information, items or materials, or 2) any goods or services received through or advertised on this Web Site or received through links provided on this Web Site, including, without limitation, no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
c. We make no representation, warranty or condition, expresse or implied to you as to:
1) the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any content, information, advice, service, search results or products provided on or through this Web Site; 2) that the service provided on the Web Site will be uninterrupted or error-free.
d. This site contains links to other Web Sites which are completely independent of this Web Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or of the products or services described therein.
e. A search using the service on this Web Site may produce search results and links to sites that some people find objectionable, inappropriate or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the services available on this Web Site.
f. The content on this Web Site is intended to appeal to a wide range of audiences and as such not all of the material is suitable for use by children. Parents and guardians are reminded of the importance of supervising young children when using the Internet.
g. Users of this Web Site should not rely upon opinions expressed at this Web Site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web Sites.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
Limitation of Liability
b. You expressly acknowledge and agree that we, our officers, employees, contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: 1) the use and reliance on the Web Site or the inability to use the Web Site; 2) any products or services, information or advice received through or advertised on the Web Site or on any links provided on the Web Site; 3) any errors, omissions, interruptions, suspension, termination, deletion of files or email, defects, viruses, delays in operation, transmission or service response time or any failure of performance of the Web Site.
c. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
a. All right, title and interest (including all database rights, copyrights, trademarks and other intellectual property rights) in this Web Site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.
a. Except as expressly provided in clause 5.2, nothing contained in this Web Site shall be construed as conferring any licence or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
b. You are hereby granted a nonexclusive, non-transferable, limited licence to access the materials available on the Web Site, to make a copy of the results of any searches made and to use those results provided that such access, copying or use does not constitute or enable (by you or any third party) the prohibited uses set out below and provided that such access, copying and use are not for the purpose of or in the course of any business.
c. You are expressly prohibited from: 1) using the data or other material from the Web Site (“the Data”) for any kind of direct marketing, telemarketing or electronic marketing; 2) using, extracting, distributing or matching the Data for the purposes of compiling databases, directories or lists; 3) using the Data to issue questionnaires, response forms or cards or anything similar for the purpose of data capture or verification; 4) modifying the Data or merging it with any other data; 5) selling or trading in materials copied from the Data.
Linking to this Web Site
You may provide links to this Web Site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web Site, (b) you discontinue providing a link to this Site if instructed to do so by us.
Governing Laws in Case of Dispute
This website may contain data and mapping services supplied by Google Maps. By using this Web Site you acknowledge and agree to Google’s Terms of Service and you agree that Google (or Google’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service and Content, including any intellectual property rights that subsist in the Service and Content(whether those rights happen to be registered or not, and wherever in the world those rights may exist).