Terms and Conditions of Hire
Terms and Conditions of Hire
‘We’ are PhysioPod UK Limited, (www.physiopod.co.uk) company number 5871545, and registered office address at Ash Tree Court, Mellors Way, Nottingham Business Park, Nottingham NG8 6PY.
We also trade as Physio Equipment (www.physioequipment.co.uk)
These are the terms and conditions subject to which we allow you to hire our Equipment. By signing this agreement, you agree to be bound by them.
‘You’ are: Anyone who hires the Equipment from the Owner (the ‘Hirer’)
It is now agreed as follows:
means the hiring fee and includes all cost related in any way to this hire agreement.
means a sum paid by you to us as a bond against the possibility of loss or damage to the Equipment while in your possession and against late return of the Equipment to us.
means Deep Oscillation Personal and its bespoke therapy card, together with any consumables required for the operation of the Equipment.
means the period of time within which you are entitled to possession of the Equipment. This will usually one calendar month from the date of this agreement, unless agreed otherwise in writing.
means a fixed price offer by us to you which you have accepted, such price being £540.00 plus VAT per month plus a deposit of £1666.67 plus VAT payable in advance.
means the hire of Equipment and any other services we provide to you under this contract.
means the place where the Equipment is to be used by you – usually your home address.
2. The basic contract
2.1 This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.
2.2 The Hire Period is one month from the date of this agreement. The hire period can be extended thereafter by agreement in writing.
2.3 The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and sign this agreement.
2.4 This agreement and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, you accept the terms set out in the Quotation and the terms of this agreement.
2.5 Risk in the Equipment passes immediately to you when the Equipment leaves our possession. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession.
3.1 In most cases you will take delivery of the Equipment when you sign this Agreement
3.2 If you ask us to deliver the Equipment, and we agree, we shall have given you a price for delivery as part of our Charge. That Charge must be paid in advance when you pay for the hire contract. Delivery will be made by us or the carrier to your address stipulated in the Quotation. You must ensure that someone is present to accept delivery. We shall not leave the Equipment without your having signed for it.
4. Charges and Deposit: payment procedure
4.1 All Charges are specified in the Quotation.
4.2 All the payments may be made by credit card or otherwise as specified in the Quotation.
4.3 The Deposit specified in the Quotation shall be paid by you to us on signing this agreement.
4.4 The Deposit will be repaid to you after you have returned the Equipment and we have had a reasonable time to assess its condition.
4.5 The Deposit will be returned to your credit card or bank account through the same mode you have paid to us.
4.6 If we have reason to make a deduction from the Deposit, we will tell you the reason and the sum deducted. We shall never deduct more than our actual loss or cost of remediation, or additional hire time.
4.7 If we owe you money for repayment of the Deposit (or any other reason), we will credit your credit or debit card as soon as reasonably practicable, but in any event no later than 14 days from the date when we accept that repayment is due.
5. Cancellation terms: hired Equipment
5.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations") you have a right to cancel this hire agreement. You may exercise the cancellation right under following conditions:
5.2 This contract comes into existence on the day you sign this agreement.
5.3 As required by the Regulations, details of our after-hiring service and guarantees, if any, are given along with these terms and conditions.
5.4 You may cancel this contract within 14 days of entering into it. That means we will not be able to hand over the possession of the Equipment for 14 days. To avoid this situation and enable you to take the Equipment immediately, the law provides that you must instruct us to deliver as soon as we can and that you accept that by doing so, you lose the benefit of the cancellation period. The simple procedure for this is attached after the end of this agreement.
Apart from your cancellation right, termination of this contract will be regulated under the terms set down in this agreement.
5.5 If you did instruct us to deliver the Equipment immediately after giving up your cancellation right, you may not then cancel the contract. The following terms shall apply:
5.5.1 you are responsible for the cost of returning the Equipment. We have no obligation to refund to you: any hire charges you have paid in advance, or your cost of re-packing and returning the Equipment
5.5.2 if the Equipment you return, show any sign of damage or loss due to your usage then we shall be entitled to deduct the cost from your refund money.
5.6 If you cancel this contract in compliance with these terms, we will refund any money due to you within 14 days.
6. Equipment not as ordered
6.1 We shall use all reasonable endeavours to ensure that:
6.1.1 the Equipment complies with its description on the Quotation; and
6.1.2 is of satisfactory quality and/or fit for purpose;
6.2 Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the Quotation, is of merchantable quality and has arrived in safe, clean and usable condition.
6.3 If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, you must immediately inform us of that defect. If no notice is received by us within 7 days from the time of delivery, then we shall be entitled to assume that you have accepted the Equipment.
6.4 If you claim that the Equipment was defective, you must return it to us in the exact same condition as you received it.
6.5 In returning a defective Equipment please enclose with it a note clearly stating the fault and when it arises or arose.
7. Breakdown and repair
7.1 You must inform us immediately of any problem in the operation of the Equipment.
7.2 If we agree that there is a fault in the Equipment, you may choose whether we should replace it or terminate the hire. In any event we will refund you, for any period in which the Equipment is not useable. We shall refund to you the cost of return to us.
7.3 We will repair or replace Equipment showing a defect in the following circumstances:
7.3.1. the defect is reported to us within 7 days of the start of the Hire Period;
7.3.2. the defect results only from faulty design;
7.3.3. you have returned the defective Equipment or parts to us if we have so requested.
7.4. If we repair or replace Equipment, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect or problem.
7.5. If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use.
8. Hirer’s other obligations
You agree that you will:
8.1. not permit any other person to use the Equipment without our written consent.
8.2. not take the Equipment to any site other than the Site, and particularly not to any other country, without our consent
8.3. use the Equipment only in accordance with the manufacturer’s instructions provided along with the Equipment.
8.4. insure against usual business risks and in particular against loss of or damage to the Equipment.
8.5. keep the Equipment safe, properly maintained and repaired.
8.6. allow us to come on Site at any time in normal business hours to inspect the Equipment, and, if damaged, to remove it.
8.7. return the Equipment to us in condition in which you collected it / we delivered it to you.
8.8. not attempt to repair or service the Equipment without our consent.
9. Loss or damage caused by third parties
9.1. You must inform us immediately if the Equipment is stolen or damaged by a third party.
9.2. You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
10. Disclaimers and limitation of liability
10.1. Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this agreement to the fullest extent permitted by law.
10.2. We are not liable to any person in any circumstances If at any time:
10.2.1. the Equipment has been damaged in any way whatever;
10.2.2. the Equipment has been repaired or serviced by someone not authorised by us to provide that service;
10.2.3. the model or serial number of the Equipment has been altered, tampered with, defaced or removed.
10.3. We shall not be liable to you for any loss or expense which is:
10.3.1. indirect or consequential loss; or
10.3.2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
10.4. Except in the case of death or personal injury, our total liability, arising in any way out of this agreement, shall not exceed the sum of £5,000,000.00. This applies whether your case is based on contract, tort or any other basis in law.
This agreement terminates on the first to happen of the following events:
11.1. at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;
11.2. we give you notice that we are terminating the agreement because you are, or might be, in breach of this agreement including a failure to make payment of Charges when due.
12. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
12.1. your failure to comply with the law;
12.2. your breach of this agreement;
12.3. a contractual claim arising from your use of the Equipment or the Services.
and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100.00 per hour without further proof.
13. Miscellaneous matters
13.1. No amendment or variation to this agreement is valid unless in writing, signed by us.
13.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us to the Site is delayed for reasons beyond our control.
13.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
13.5. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
13.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
13.7. Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
13.8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
- Signed by You