These are:
(a) To keep the equipment safe throughout the period of hire since it remains the property of the Dealer at all times and not to part with possession of the equipment or dispose of it in any manner.
(b) Not to tamper with attempt repair or adjust the equipment or any of its components nor attempt to (apart from the Dealer or its authorised agent), giving express permission
(c) To indemnify the Dealer against any loss or damage to the equipment caused in any manner (except as a result of reasonable wear and tear) and to indemnify the Dealer also against any loss or damage to the equipment caused by misuse or overloading of the equipment.
(d) Not to allow the equipment to be seized by a landlord or any judgment creditor in satisfaction of any liability or debt and to indemnify the Dealer against any costs or expenses the Dealer may incur in preserving the equipment from seizure or in recovering it
(e) To keep the equipment at the address as stated in the agreement and not remove it until at least seven days notice has been given to the Dealer and consent has been received. In the event of the Customer moving house the Dealer must be informed at least seven days prior to the move. The Customer must not move the goods themselves. The Dealer will be given reasonable access to the goods to move and install the goods at the Customers new premises, provided the Dealer is satisfied that said premises are fit for purpose.
(f) To allow the Dealer or its representative to inspect the equipment at all reasonable times for the purpose of adjustment and repair and if necessary to remove it from the customer's premises.
(g) To insure the equipment against all risks for which the customer is liable to its full retail value, and if requested to produce evidence of insurance and payment of premiums to the Dealer.
(h) To make the payments stated in the Agreement in full on the due date.
(i) To obtain any required licences for the use of the equipment.
(j) The customer shall be liable for damage or loss of remote control units
So long as the customer performs their obligations under the agreement the Dealer will throughout the period of hiring:
(a) Provide the Customer with equipment of the description agreed to be hired and maintain it in good working order (subject to (b)).
(b) After notice has been received of any defect, repair it without extra charge or (at the discretion of the Dealer) replace the goods with a unit of similar grade or carry out on site repairs to the goods.
(c) When the equipment includes a remote control it is the Customer's responsibility at his / her own expense to fit replacement batteries and( ii) the Dealer is not responsible for the replacement and repair of audio and video tapes or cassettes or discs and( iii) the Dealer is not responsible for the cost of remedial work caused by or connected with the use of auxiliary equipment nor for the cost of modifications required to enable such auxiliary equipment to operate in conjunction with the equipment and(iv) the Dealer is not responsible for the cleaning of filters and dispensers on laundry and dishwashing products or the defrosting of refrigeration products (or any other general maintenance that would not normally be covered under warranty and not classed as a fault) Charges may be made at the Dealers discretion to carry out any of the aforementioned maintenance
The Dealer may but is not obliged to put an end to the hiring after service on the Customer of any required statutory notice
(a) At once if the Customer commits or allows a breach of any of his / her obligations contained in Clause 1 or commits an act of bankruptcy or is more than thirty days in arrears with any rental payment for the equipment or
(b) By one month's notice in writing expiring at any date not earlier than the end of the minimum period of hire provided that nothing in this agreement shall prevent the Dealer from recovering any arrears of rental more than thirty days overdue or other payment due from the customer by action without first terminating the agreement.
The Customer can put an end to the hiring by giving:
(a) At least one month's notice in writing expiring at the end of the minimum period or any subsequent date or alternatively
(b) Notice forthwith if at any time the Dealer shall for four consecutive weeks fail to comply with any of its obligations under clause 2 or
(c) A notice expiring at or after the end of twelve months after the making of the Agreement: if the agreement provides for the making of payments to the Dealer at equal intervals the minimum period of notice is the length of one interval or one month whichever is the less. If the Agreement provides however for making payment to the Dealer at different intervals the minimum period of notice is the length of the shortest interval or one month whichever the less is.
Payments
(a) If the Dealer ends the hiring under Clause 3 (b) at a time when he has no ground to terminate it under Clause 3 (a) or the Customer terminates the hiring under Clause 4(b) or 4(c)
the Customer shall be entitled to a refund of any sums paid for rental in advance for the hiring period which exceeds the sums payable in respect of the period for which the goods have actually been hired.(b) Save as provided for under Clause 5(a).
(i) The Dealer shall not be required at the ending of the hiring (by the Dealer or by the Customer) to refund to the Customer any rent or other sum paid in advance and
(ii) The ending of the hiring does not affect the rights of the Dealer to recover damages from the Customer for any prior breach of the agreement or to recover any sums accrued due from the Customer, and (if the Dealer terminates the hiring under Clause 3(a) it will entitle him to recover any balance payable in respect of the remainder of the minimum period of hire.
(a) The Customer shall immediately surrender the equipment to the Dealer and in default the Dealer shall be entitled to repossess the equipment and to recover from the Customer any expenses incurred by the Dealer in repossessing the equipment.
(b) If the Customer fails to surrender the goods to the Dealer after being requested to do so, then the Customer shall become liable forthwith to pay to the Dealer damages at the same rate as the rental specified in the Agreement from the date on which the hiring ends to the date when the equipment is returned to the Dealer and the reasonable costs incurred by the Dealer in recovering the equipment, provided that this clause 6 is without prejudice to the Dealer's rights under any other clause of this Agreement.
(c) The Dealer reserves the right to pass responsibility of collection of outstanding debts and/or recovery of goods to an external third party collection agency should it be deemed fit to do so.
(a) If the Dealer fails to repair or to replace defective equipment under Clause 2 for more than 7 consecutive days after he has had written or verbal notice that the equipment is defective the Customer's obligation to pay rental shall be suspended as from the date of receipt of such notice until the necessary repair or temporary replacement has been carried out.(b) No suspension of rental will be allowed to the Customer if defective equipment is repaired or replaced temporarily in accordance with Clause 2 within seven days after the required written notice has been given.
Apart from his obligations contained in Clause 2 and 7 inclusive of this Agreement and apart from those obligations imposed by statute which cannot be excluded (such statutory rights of the Customer being expressly preserved) the Dealer shall not be under any other liability to the Customer in respect of any injury, loss or damage of whatever kind and however caused whether direct, indirect or consequential arising out of the provision, use, installation, removal, replacement or repair of the equipment, and the Customer is therefore advised to take out insurance in respect of all such matters.
If the Dealer varies or relaxes any of the terms of the agreement in favour of the Customer the Dealer is nevertheless entitled later to enforce the terms of the Agreement strictly.
If two or more people are named as the Customer in this Agreement the liabilities of each shall be joint and several so that each person can be held fully liable for all the obligations set out in the Agreement.
If there is any variation in the rate of Value Added Tax during the period of this Agreement which affects the amount payable by way of rental payment the Dealer may adjust the payment set out in the Schedule appropriately in the light of such variation.
There may be periods when for reasons outside the control of the Dealer no signal is being transmitted by the satellite(s) or cable systems to which the equipment is normally tuned. In such circumstances, whilst the Customer has the right to terminate the hiring in accordance with its terms he has no right to cancel it early or claim a refund of any payments.
1. All Customers pay a non refundable admin fee of £20 per appliance. On installation a payment of £20 plus two months rental is payable. Our cooling off period of 14 days commences once the order has been placed by telephone or email and will reflect on the agreement that is signed on delivery of the appliance.
2. The customer is entitled to a refund of the two months rental for refurbished items within the 14 days cooling off period if the goods are returned and the contract is cancelled. No refund is given for payments made on delivery of brand new equipment because they would not be deemed as brand new items after installation if they are returned within the 14 days cooling off period.
3. Television equipment is not warranted as being capable of receiving any transmissions other than those transmissions which it is capable of receiving at the time of installation.
YOUR RIGHTS – YOU SHOULD READ THIS CAREFULLY
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not we cannot enforce the agreement against you without a court order. The Act also 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 one months notice. The agreement must be allowed to run for at least 12/24 months depending on the equipment hired though this may include the period of notice. You will have to make all payments including arrears until the time the agreement comes to an end. If you would like to know more about the protection and remedies provided under the Act you should contact either your local Trading Standards department or the Citizens Advice Bureau.
