The "Customer" is the Customer referred to in the hire agreement and the "Owner" is Rowhire Limited. The Hire Agreement is between these two parties.
The Owner will hire and the Customer will rent during the Agreement Period the items (Equipment) all as referred to in box (ii) of the hire agreement or subsequently amended in accordance with the Agreement provided the Customer pays the hire charges and complies with these conditions.
No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Owner.
Until the Owner has received payment of all sums due from the Customer to the Owner on any account title in the goods shall remain in the Owner and the Customer shall hold them as the Owners bailee and fiduciary agent.
Claims in respect of short delivery or damage must be presented in writing to the Seller within seven days of receiving the Goods
2) OWNERSHIP AND LOCATION OF EQUIPMENT
All Equipment hired to the Customer will remain the property of the Owner at all times. The Customer must not remove, alter or obscure the Owner's markings. The Customer must not at any time allow possession of the Equipment to any other party nor create or purport to create any rights in to or over the Equipment.
The Customer will not re-hire, sublet or lend any of the Equipment to any third party unless the Owner's written consent is obtained beforehand. The Customer may not use the Equipment for commercial purposes or gain.
The Equipment will remain at the Customer's address as detailed in the hire agreement. Any change of address by the Customer must be advised to the Owner immediately in writing.
The Hire Charges detailed in the hire agreement will remain fixed for the Minimum Hire Agreement Period and any continuation beyond that for up to 18 months in total. Thereafter the Owner may on or after any anniversary date of the Agreement increase the hire charges by not more than 1% above the annual rate of inflation figures for the Retail Price Index (RPI) published by Her Majesty's Government for the previous 12 months. The Customer will be advised at least one month in advance of any hire charge adjustment.
All hire charges will be payable monthly in advance throughout the hire and until the Equipment is returned to the Owner. The Owner has the right to charge interest on all monies which, after becoming due, remain outstanding at the rate of 2% per month (after as well as before judgment) on the outstanding balance from time to time. At the discretion of the Owner an administration charge of £20 may be levied to cover late payment administration.
The Customer authorises the Owner to collect the Hire Charge (totalled at (A) in the agreement) by monthly debit. If the Customer fails to return the Equipment at the termination of the Agreement, or if the Equipment has sustained damage in excess of normal wear and tear e.g. structural damage, the Customer authorises the Owner to charge such sums as is reasonable and incurred to make good that excess damage or loss and to charge such sums in full.
If the Hire Charges become overdue or the Customer is in any other breach of the Agreement, the Owner may terminate the Agreement on not less than 7 days notice in writing and immediately take steps to recover possession of the Equipment. The Customer will provide all reasonable assistance for this recovery. The Owner may recover all hire charges plus all reasonable costs (including legal costs) incurred by the Owner and all interest accrued up to the date of termination and or recovery.
The Owner will charge a deposit, detailed in the agreement, based upon the value of the Equipment delivered to the Customer. The Owner will keep the deposit until the end of the Agreement Period where it will be used to cover the service charge at the end of the hire (to service and clean the machine for its next hire). As long as the machine is returned in the same condition as it was delivered to the Customer (fair wear and tear excepted), no further charges will be made. The Customer will not be entitled to interest on the deposit.
The Customer will bear the cost of repair to any damage (except natural wear and tear) occurring to the Equipment and packaging and such responsibility will extend to its replacement where deemed beyond economic repair whilst in the care and control of the Customer. The Customer's liability extends to damage incurred to the Equipment when being returned to the Owner in the eventuality of damage due to lack of care or proper packaging. The Customer must abide by the returns procedure issued by the Owner.
The Customer is advised to insure the equipment against accidental damage and theft, as the Customer is liable for such.
FOR NON-SERVICE ITEMS
The Customer must inform the Owner immediately of any breakdown or unsatisfactory working of the Equipment. The Customer must not undertake repairs itself without prior written consent of the Owner. The Owner will ensure that upon any non service breakdown of the Equipment replacement Equipment is provided as soon as practical (if a simple on-site repair cannot be effected by the Customer with or without parts supplied by the Owner) PROVIDED ALWAYS that any breakdown is not caused by misuse or operations for which the Equipment has not been designed.
The Owner may assign or otherwise transfer the Agreement in whole or in part or any benefit or interest in the Agreement to any other person by written notice to the Customer.
Please notify us by email that you wish to cancel 30 days before your anniversary date (the date in the month that you signed your agreement). Contracts can only terminate on the monthly anniversary date. The Customer must give at least 30 days notice prior to the anniversary date that they want the contract to end. For example, if the Customer's anniversary date is the 10th of every month, and they want their contract to terminate on the 10th of December, they must give notice at least 30 days before this date, so no later than the 10th of November.
Upon termination, the Customer must comply with the returns procedure in force at the time.
In the event of the Customer going bankrupt, entering into a deed of arrangement or composition with its creditors or being wound up or having a receiver or receiver and manager or a legal administrator appointed or ceasing to trade, this Agreement will be deemed to have been terminated.
9) RETURNS PROCEDURE
The Customer must comply with the returns procedure in force at the time of the return of the Equipment. The returns charge detailed in the agreement may increase on the anniversary of the Agreement, but such increase will be limited to not more than 1% above the annual rate of inflation in respect of the RPI published by Her Majesty's Government for the previous 12 months.
10) YOUR RIGHT TO CANCEL
If the Customer decides to return any item on their order after the goods have been despatched they must notify us in writing within 14 calendar days of the day they received the goods. The Customer must then ensure that the goods are returned to the Owner within a further 14 calendar days of the date that the written notice was supplied. The goods must be in their original condition and the Customer must return the goods at their own expense to receive a full refund. If the goods are not in their original condition and have been used, then the Owner retains the right to reduce the amount refunded to cover the diminished value of the goods. When returning exercise equipment the Customer must request a returns box to be sent out (to repack and return the machine in) and must use a courier as the boxes are too large to be sent by standard mail. When returning any item, the item is the responsibility of the Customer until it reaches the Owner and it is always recommended that the Customer obtains a proof of postage as the Owner is unable to refund for goods not received. The Owner can arrange a courier for the Customer at a cost. If the goods are returned at the expense of the Owner, then this return cost will be deducted from the amount refunded. If the Customer fails to return the goods within 14 calendar days of the date written notice was supplied, then the Owner reserves the right to continue taking the monthly hire charge until the goods are returned.
The Owner accepts no liability for personal injury or illness sustained by the Customer in the use of the Equipment, or of anyone else using the Equipment, either with or without the Customers consent, whether sustained through its proper intended use or otherwise, unless attributable to a defect of the Equipment (in which case the Customer should desist from using the Equipment) or the negligence of the Owner. The Customer is advised to seek medical advice before using the Equipment. Subject to this, the Owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond the Owners reasonable control.
THE CUSTOMER MUST ENSURE THAT THEY ARE PROPERLY COVERED BY INSURANCE FOR ANY RISKS INVOLVED IN THE USE OF THE EQUIPMENT SUCH AS PERSONAL INJURY OR DEATH TO USERS OF THE EQUIPMENT.
The Owner will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the Agreement on the Owner's part.
Before using any Equipment provided by the Owner, the Customer must ensure that all users of the Equipment have been instructed in the safe use and operation of the Equipment and that such use is in accordance with any relevant operating and safety instructions supplied with the Equipment.
Use of the Keiser M3 by children under the age of 16 or the ElliptiGO by children under the age of 18 is STRICTLY FORBIDDEN and violates the terms of the Agreement for the hire and purchase of such products. Users who permit or fail to prevent use of such equipment by children under the age of 16 do so in violation of the terms of hire or purchase and with full and complete assumption of the risk for all liability arising therefrom and by such action agree to indemnify, defend and hold Rowhire Ltd and its officers and directors and shareholders, agents and employees harmless therefrom.
12) GOVERNING LAW
The Agreement shall be governed by and construed in all respects in accordance with English law and the parties agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with this Agreement.
13) ENTIRE AGREEMENT
These conditions, set out the whole of our Agreement relating to the supply of the Equipment to you by us. Nothing said or written by any salesperson, agent, employee, director or other representative on the Owner's behalf should be understood as a variation of these conditions or as a separate term or agreement. Save for fraud or fraudulent misrepresentation, the Owner shall have no liability for any such representation said or written being untrue or misleading.