SPORTSERVE LTD EQUIPMENT HIRE & TEMPORARY INSTALLATION TERMS
1. These terms
1.1. What these terms cover. These are the terms and conditions which will govern any equipment hire from us, as well as associated installation services we may provide. For all other services and products please see our general terms at the following link: www.sportserve.co.uk/terms-and-conditions
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the equipment for hire, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in BLUE and those specific to businesses onlyare in GREEN.
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Defined Terms. In these terms and conditions, the following definitions apply:
(a) Delivery: the transfer of physical possession of the Equipment to you at the Site;
(b) Equipment: the items of Equipment listed in the email confirming your order, all substitutions, replacements or renewals of such Equipment and all related accessories, manuals and instructions provided for it;
(c) HSR: means health and safety regulations and laws applicable in the UK (and/ or in the location the services are being provided);
(d) Site: your premises as set out in the email confirming your order;
(e) Rental Payments: the payments made by or on your behalf for hire of the Equipment;
(f) Rental Period: the period of hire as set out in the email confirming your order.
3. Information about us and how to contact us
3.1. Who we are. We are Sportserve Limited a company registered in England and Wales. Our company registration number is 8322103 and our registered office is at The Hart Shaw Building Europa Link, Sheffield Business Park, Sheffield, S9 1XU. Our registered VAT number is 155 1540 29.
3.2. How to contact us. Please see our contact details at www.sportserve.co.uk/contactus
3.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you
4.1. Submitting your order. As part of the ordering process, we will ask you to complete and return our standard order form, a copy of which can be found at www.sportserve.co.uk/hire-agreement
4.2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing via email and will not charge you for the equipment/installation services. This might be because the Equipment is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Equipment or because we are unable to meet a delivery deadline you have specified.
5. Our Equipment
5.1. Equipment may vary slightly from the pictures. The images of the equipment for hire on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Equipment. Your Equipment may vary slightly from those images.
5.2. Making sure your measurements are accurate. If we are providing the Equipment to measurements you have given us you are responsible for ensuring that these measurements are correct.
6. Your rights to make changes
If you wish to make a change to the Equipment you have ordered for hire please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Equipment, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1. Minor changes to the Equipment. We may change the Equipment:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Equipment.
7.2. More significant changes to the Equipment and these terms. In addition, as we informed you in the description of the Equipment for hire on our website, we may make changes to these terms or the Equipment, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Equipment hire paid for but not received.
8. Providing the Equipment for Hire
8.1. Delivery. Delivery of the Equipment shall be made by us (unless otherwise agreed or notified). We shall use all reasonable endeavours to effect Delivery by the date and time agreed.
(a) If you will be installing the Equipment yourself, you shall procure that a duly authorised representative shall be present at the Delivery of the Equipment. Acceptance of Delivery by such representative shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection). If required by us, your duly authorised representative shall sign a receipt confirming such acceptance;
(b) If we are installing the Equipment, we shall install it at your expense at the Site. You shall procure that a duly authorised representative shall be present at the installation of the Equipment. Acceptance by such representative of installation shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection). If required by us, your duly authorised representative shall sign a receipt confirming such acceptance.
8.3. Delivery Conditions. To facilitate Delivery and installation, you shall provide all requisite materials, facilities, access and suitable working conditions to enable Delivery and installation to be carried out safely and expeditiously, including any materials, facilities, access and working conditions reasonably requested by us.
8.4. Delivery costs. The costs of Delivery will be as provided to you in email correspondence.
8.5. Electrical/ Import/ Non UK Items. Unless otherwise agreed by us in writing (such agreement shall be entirely at our discretion), all orders that require item(s) to be brought into the UK must be paid up front, including freight. Freight times are subject to availability and cannot be guaranteed until the order is placed and paid for. Electrical item warranty information can be supplied on request.
8.6. We are not responsible for delays outside our control. If our supply of the Equipment/any applicable installation services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if you are a consumer and there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you are a business customer, any refunds are subject to our discretion in accordance with clause 17.1(d).
8.7. If you are not at the appointed delivery address when the product is delivered. All deliveries from us will need to be signed for upon receipt of the Equipment in accordance with clause 8.2. If no one is available at your address to sign for the Delivery our courier will leave you a note informing you of how to rearrange Delivery or collect the products from a local depot.
8.8. Overseas deliveries. It is the customer’s responsibility to ensure that any item(s) ordered are not prohibited or subject to restrictions within the country they are delivered to. All import/ duty charges are to be paid by the customer. All charges for overseas shipments are determined by size and weight of the package and not at a set country by country rate. Please contact us for a Delivery quotation.
8.9. If you do not re-arrange delivery. If you do not collect the Equipment from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 19.2 will apply.
8.10. If you do not allow us access to provide any applicable installation services. If you do not allow us access to the Site to perform any applicable installation services as arranged we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Site we may end the contract and clause 19.2 will apply.
8.11. Unloading/ loading heavy Equipment. Any offer to assist with unloading/loading of heavy Equipment is at the customer's own risk.
8.12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our products and services to you. If installation services are included, we will ask you to complete an Installation Checklist (see clause 9.2) prior to Delivery. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 19.2 will apply), suspend any services until the required information is given, and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Equipment or performing installation services late or not supplying/performing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.13. Reasons we may suspend the supply of Equipment to you. We may have to suspend the supply of Equipment for hire to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Equipment as requested by you or notified by us to you (see clause 7).
8.14. Your rights if we suspend the supply of Equipment/ any applicable installation services. We will contact you in advance to tell you we will be suspending the hire of Equipment or associated installation services, unless the problem is urgent or an emergency. If we have to suspend for longer than 30 days we will adjust the price so that you do not pay for Equipment during the suspension. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.15. We may also suspend hire of the Equipment/ any applicable installation services if you do not pay. If you do not pay us for the Equipment hire when you are supposed to (see clause 23.5) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend the Equipment hire until you have paid us the outstanding amounts. We will contact you to tell you we are suspending. We will not suspend Equipment hire where you dispute the unpaid invoice (see clause 23.8). We will not charge you for the Equipment during the period for which they are suspended. As well as suspending the Equipment hire we can also charge you interest on your overdue payments (see clause 23.7).
9. Installations, Call Outs & Repairs.
9.1. We reserve the right to refuse installation with no penalty to ourselves if the location/ access is deemed unacceptable under HSR. It is the customer’s responsibility to ensure an appropriate work space. Installation/repair of any item(s) will not proceed until the site is in line with HSR. If it is not, in the instance of any crew members from Sportserve Ltd being already at the venue, their time will be charged for irrespective of whether the installation/repair can begin.
9.2. You are required to complete our installation checklist www.sportserve.co.uk/installation- checklist no less than 7 days prior to the estimated date of installation (“Installation Checklist”). We reserve the right to refuse installation with no penalty to ourselves if you have not completed the Installation Checklist to our satisfaction or if we reasonably consider that the Installation Checklist has been completed incorrectly.9.3. Installation of outdoor Equipment is subject to weather conditions. We reserve the right to refuse installation with no penalty to ourselves in the case of bad/adverse weather conditions that are deemed unacceptable under HSR. This includes but is not limited to: flooding, heavy/torrential rain, ice, snow, heavy winds. In these instance we will make the decision whilst on-site, taking into account the various factors available to us.
9.4. For items under warranty requiring repair, parts & labour are inclusive in the warranty, whereas transport costs are excluded. Carriage/postage for items being returned to us to determine warranty inclusion are chargeable to the customer. A standard rate of £0.48p per mile will be charged for all call outs. Outside of the warranty, transport (at same standard rate), parts and labour, will be charged for. Labour rates are listed below: Standard business hours (9am-5pm Monday – Friday excluding public holidays) will be charged at £15.00 per hour. Out of business hours (5pm-9am Monday – Friday) will be charged at £20.00 per hour. Weekend hours will be charged at £20.00 per hour. Customers will be charged for hotel costs if necessary.
10. Quiet possession.
We shall not, other than in the exercise of our rights under this agreement or applicable law, interfere with your quiet possession of the Equipment for hire.
The Equipment shall at all times remain the property of Sportserve Ltd, and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of these terms and conditions).
The risk of loss, theft, damage or destruction of the Equipment shall pass to you on Delivery. The Equipment shall remain at your sole risk during the Rental Period and any further term during which the Equipment is in your possession, custody or control (“Risk Period”) until such time as the Equipment is redelivered to us.
13. Notice of damage.
You shall give immediate written notice to us in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment.
14. Your responsibilities. You shall during the term of the agreement:
14.1. ensure that the Equipment is kept and operated in a suitable environment used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;
14.2. take such steps (including compliance with all safety and usage instructions provided by us) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
14.3. maintain at your own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the date of Delivery (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
14.4. make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of us unless carried out to comply with any mandatory modifications required by law or any regulatory authority. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in us immediately upon installation;
14.5. keep us fully informed of all material matters relating to the Equipment;
14.6. keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without our prior written consent
14.7. permit us or our duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
14.8. maintain operating and maintenance records of the Equipment and make copies of such records readily available to us, together with such additional information as we may reasonably require;
14.9. not, without our prior written consent, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
14.10. not without our the prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and you shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;
14.11. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of us in the Equipment and, where the Equipment has become affixed to any land or building, you must take all necessary steps to ensure that we may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of us of any rights such person may have or acquire in the Equipment and a right for us to enter onto such land or building to remove the Equipment;
14.12. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify us and you shall, at your sole expense use your best endeavours to procure an immediate release of the Equipment and shall reimburse us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
14.13. not use the Equipment for any unlawful purpose;
14.14. ensure that at all times the Equipment remains identifiable as being our property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
14.15. deliver up the Equipment at the end of the Rental Period or on earlier termination of the agreement at such address as we require, or if necessary allow us or our representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
14.16. not do or permit to be done anything which could invalidate any insurance policies in existence in relation to the Equipment.
15. Loss or damage to Equipment caused by you.
You acknowledge that we shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you or your officers, employees, agents and contractors, and you undertake to reimburse us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure you to comply with the terms of the agreement.
16. Consequences of termination.
16.1. Upon termination of the agreement, however caused:
(a) our consent to your possession of the Equipment shall terminate and we may, by our authorised representatives, without notice and at your expense, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located; and
(b) without prejudice to any other rights or remedies, you shall pay to us on demand:
(i) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued;
(ii) any costs and expenses incurred by us in recovering the Equipment and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, legal and remarketing costs).
17. Your rights to end the contract
17.1. Your rights to end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 21 if you are a consumer and clause 22 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 17.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 17.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) any return requests other than for the above reasons are subject to our discretion and:
(i) returns will not be accepted unless properly packaged, without damage. Definition of “damage” includes, but is not limited to: breakages, dents, scratches, paint chips, wear and tear, dirt and punctures;
(ii) we are not liable for any loss of item(s) or damage caused during customer organised transport. If the item(s) are damaged by the customer or during transport organised by a party other than Sportserve Ltd, we reserve the right to subtract the cost of the repairs from the refund;
(iii) if any item(s) need returning to the country of manufacture for repair, we will arrange transport; however the cost may be chargeable to the customer;
(iv) it is at our discretion to accept/charge a re-stocking fee for all returns of non-defective items.
17.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Equipment or these terms which you do not agree to (see clause 7.2);
(b) we have told you about an error in the price or description of the Equipment you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Equipment may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Equipment for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
17.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
17.4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) any items which have been made to customer’s specifications or clearly personalised.
17.5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
18. How to end the contract with us (including if you are a consumer who has changed their mind)
18.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email: www.sportserve.co.uk/contactus
(b) Online. Complete the form on our website: www.sportserve.co.uk/shipping-returns.
(c) By post. Print off and complete the form which can be found on our website at www.sportserve.co.uk/shipping-returns, and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
18.2. Returning Equipment after ending the contract. If you end the contract for any reason after Equipment has been dispatched to you or you have received them, you must return them to us. You must either return the Equipment in person to where you bought them, post them back to us at Sportserve Ltd, 106 Fitzwalter Road, Sheffield, S2 2SP, or (if they are not suitable for posting) allow us to collect them from you. Please contact us at www.sportserve.co.uk/contactus to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
18.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the Equipment is faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Equipment or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
18.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
18.5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Equipment using the payment method you used online, or otherwise, we will call you ask for your preferred refund method. However, we may make deductions from the price, as described below.
18.6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Equipment, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Equipment and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Equipment within 1-3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where we have supplied a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
18.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) In relation to Equipment, if we have not offered to collect it, your refund will be made within 14 days from the day on which we receive the Equipment back from you or, if earlier, the day on which you provide us with evidence that you have sent the Equipment back to us. For information about how to return a product to us, see clause 18.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
19. Our rights to end the contract
19.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Equipment or associated services;
(c) you do not, within a reasonable time, allow us to deliver the Equipment to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services/ Equipment;
(e) you do not comply with your obligations under the agreement in relation to the Equipment (see clause 14).
19.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 19.1 we will refund any money you have paid in advance for the Equipment/services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
20. If there is a problem with the Equipment
How to tell us about problems. If you have any questions or complaints about the Equipment/ any applicable installation services, please contact us at www.sportserve.co.uk/contactus.
21. Your rights in respect of defective products if you are a consumer
21.1. If you are a consumer we are under a legal duty to supply Equipment that is in conformity with this contract. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
21.2. Your obligation to return rejected Equipment. If you wish to exercise your legal rights to reject Equipment you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
22. Your rights in respect of defective Equipment if you are a business
22.1. If you are a business customer we warrant that on delivery that the Equipment shall:
(a) substantially conform with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship. This is the only warranty provided in respect of the products unless the product comes with any specific additional warranties, information of which can be provided at the following link: www.sportserve.co.uk/warranties
22.2. Subject to clause 22.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 22.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
22.3. We will not be liable for any Equipment’s failure to comply with the warranty in clause 22.1 if:
(a) you make any further use of such Equipment after giving a notice in accordance with clause 22.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Equipment or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the customer;
(d) you alter or repair the Equipment without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
22.4. Except as provided in this clause 22, we shall have no liability to you in respect of Equipment’s failure to comply with the warranty set out in clause 22.1.
22.5. These terms shall apply to any repaired or replacement Equipment supplied by us under clause 22.2.
23. Price and payment
23.1. Where to find the price for the Equipment (and installation services if applicable). We will provide you with written confirmation via email of the price.
23.2. Quotations. Any quotation provided by us will be valid for 30 days from the date on which the quotation is sent. In excess of 30 days, item(s) quoted may be subject to pricing alterations. The 30 day limit holds the price for the goods only; freight costs cannot be held and are subject to alteration at any time. Any freight costs included in quotes will be estimations only; specific pricing cannot be calculated until the goods have cleared customs within the UK.
23.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Equipment/ associated services, we will adjust the rate of VAT that you pay, unless you have already paid for the Equipment/associated services in full before the change in the rate of VAT takes effect.
23.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Equipment/ services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
23.5. When you must pay and how you must pay. We accept payment via Paypal or via credit/ debit card (except for American Express). Cheques are not accepted. Payment for all equipment hire and associated installation services must be made upfront prior to commencement of the services (unless otherwise agreed in writing with us).
23.6. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
23.7. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of:
(a) 2% a year above the base lending rate of the Bank of England from time to time if you are a consumer; or
(b) the statutory rate of interest specified in the Late Payment of Commercial Debts (Interest) Act 1998 if you are a business customer,
and this interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
23.8. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
24. Our responsibility for loss or damage suffered by you if you are a consumer
24.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
24.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
24.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, and we are not responsible for the costs of damage caused as a result of the customer failing to provide adequate, accurate or complete information about the property in the Installation Checklist, or for failing to provide adequate access to the property as reasonably required by us.
24.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 25.
25. Our responsibility for loss or damage suffered by you if you are a business
25.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
25.2. Except to the extent expressly stated in clause 22.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 the Supply of Goods and Services Act 1982 are excluded.
25.3. Subject to clause 25.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
(b) we shall not be liable to you for any damage to your property that arises as a result of you failing to provide adequate, accurate or complete information about the property in the Installation Checklist, or for failing to provide adequate access/facilities at the property as reasonably required by us; and
(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Equipment and applicable installation services under such contract.
26. How we may use your personal information
27. Other important terms
27.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
27.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
27.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
27.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
27.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
27.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
27.7. European Commission Online Dispute Resolution platform. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage
27.8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.