1 Definitions - Fit4hire is hereinafter referred to as the “Owner”. (b) “Equipment” means the equipment which is provided to the Hirer under the Contract and delivered to the Hirer and detailed further on the Order Form. (c) “The Contract” means the contract between the Owner and the Hirer for the rental of the Equipment. (d) “Order Form” means the order form to which these terms are appended. (e) “Rental” is the provision of the Equipment by the Owner to the Hirer for the Hirer’s use for an agreed period and agreed cost and subject to these terms and conditions. (f) “Rental Fee” means the amount payable by Hirer to Owner for the hire of Equipment for 1 week.
2 Rental Period – (a) The Contract shall commence on the day of delivery and terminate on the day of collection. (b) The Rental will be charged weekly (7 days) inc. Saturdays, Sundays and Bank Holidays. (c) The minimum Rental is for 2 weeks.
3 Rental Charges – (a) Unless otherwise agreed the hirer shall pay a deposit equal to four weeks Rental (“Deposit”). The Deposit shall be paid to the Owner and retained by the Owner until the termination of the Contract and the return of the Equipment in satisfactory condition. (b) If the Hirer does not make the Equipment available for collection on termination of the Contract, the Hirer shall be responsible for the Rental Fee until the Equipment is collected by the Owner. Should the Hirer make the Equipment available to the Owner before the end of the agreed rental period, the Owner shall be entitled to charge the Hirer the full amount or a proportion of the Rental Fee that the Owner deems appropriate. (c) The Owner shall be entitled to vary the amount of the Rental Fee at any time after the expiry of the minimum rental period and by giving the Hirer not less than 4 weeks notice in writing. (d) On termination the final Rental Fee is calculated to include any complete and incomplete weeks hired.
4 Payment – (a) Following the deposit payment, the Rental Fee shall be paid by the Hirer to the Owner as detailed in the Order Form. (b) Failure to pay in advance may, at the discretion of the Owner, result in termination of the Contract. (c) During the Contract, the Owner reserves the right to charge interest on overdue Rental Fees at the rate of 2% a year above the Bank of England’s base rate from time to time in force and an administration fee of £40.00 in respect of each late payment of an invoice.
5 References - The Owner may request references, proof of identity and residence.
6 Acceptance - The Hirer shall satisfy himself that the Equipment supplied by the Owner corresponds to the Order Form and is in working order. Any part of the Equipment found to be faulty, or not found to correspond with the Order Form, shall be notified to the Owners within one working day of receipt of the Equipment. Failure to do so will render the Hirer responsible for the payment of the Rental Fee up to the time of notification.
7 Suitability - It is the Hirer’s responsibility to ensure that the Equipment is, if necessary, compatible with existing installations, and is suitable for the Hirer’s needs.
8 Substitution - The Owners reserve the right to substitute the Equipment proposed for Rental with alternative equipment of an equal / higher specification (which, for the purposes of interpreting the Contract, shall become the Equipment). On termination of the Contract the Hirer may not substitute any Equipment delivered by the Owner
9 Responsibilities of Hirer – (a) The Hirer acknowledge that by signing the Contract he has instructed in the safe operation of the Equipment and the Hirer undertakes to ensure no one else uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused in any way other than in accordance with the instructions of the Owner. (b) Save in respect of death or personal injury caused by the Owner’s negligence the Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury or loss whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Equipment) or injury to any person arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Equipment or any part thereof. (c) The Owner shall not be liable for any consequential expense liability, whatsoever caused by the late delivery, late collection, non-delivery, unsuitability, breakdown, failure or repossession of the Equipment. (d) The Hirer will ensure that the Equipment is not used by anyone under the age of 16 years old.
10 Insurance – (a) The Hirer indemnifies the Owner against any loss or damage of the Equipment and against any loss, damage or injury caused by the Equipment (except for any caused by the Owner’s own negligence) in so far as it is not covered by insurance of the Equipment. (b) The Hirer must insure and keep the Equipment insured under a fully comprehensive policy at the Hirer’s expense to their full replacement value with a reputable insurer chosen by the Hirer. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which this Contract relates. (c) The Hirer must have the Owner’s interest noted on the policy. The Hirer will produce to the Owner on demand evidence of the insurance cover and of the payments of premiums under the insurance policy. (d) The Hirer must notify the Company promptly of any loss of or damage to the Equipment and hold any insurance moneys received by the Hirer in trust for the Owner. (e) The Hirer irrevocably authorises the Owner to negotiate with the insurers to settle any insurance claim and to receive the insurance moneys. (f) The Owner shall apply the insurance moneys as follows: 1.In making good any damage. 2. In replacing the Equipment with goods of a similar type. 3. In compensating the Owner for any loss or damage which it may suffer or incur. (g) The Hirer aggress to pay any shortfall to the Owner on demand. (h) Any loss of or damage to the Equipment shall not affect the continuance of this Contract. (i) If the Hirer fails to pay any insurance premium the Owner may, but shall not be obliged to, pay the same and the Hirer will reimburse the Owner on demand.
11 Equipment Location – (a) The location of the Equipment, during the Rental, should remain at the delivery address and should only be relocated upon the written consent of the Owner. (b) The Owner will be granted access to the premises where the Equipment is located by the Hirer at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the Equipment under the terms stipulated herein.
12 Modification of Equipment - The Equipment shall not be altered, modified, adjusted, defaced or repaired by the Hirer. Doing so will liable the Hirer to the full replacement cost of the Equipment.
13 Care of Equipment – (a) The Hirer shall at his own expense keep the Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations. The Hirer undertakes not to remove or interfere with any identification marks affixed to the Equipment, or to deface or add to the Equipment. (b) The Hirer agrees to pay all costs incurred by the Owner in rectifying any damage or cleaning of the Equipment. Hire charges will continue until rectification is complete. (c) The Equipment must, on collection, be in a clean good condition, a charge of £50 may be made for cleaning the Equipment on its’ return in an unsatisfactory condition.
14 Maintenance – (a) In the event of Equipment failure the Owner will use reasonable endeavours to repair or replace the Equipment with the same or similar / higher specification equipment, within 5 working days at no charge to the Hirer. Should the Equipment failure prove to be due to misuse or the fault of the Hirer, the Owner reserves the right to pass on the repair costs and engineering charges to the Hirer. Under no circumstances shall the Hirer attempt any repairs. (b) The Hirer is responsible for day to day adjustment and care of the Equipment (for example: running belt adjustments, pedal, handle bar and seat adjustments). The Owner will impose a charge of up to £50 for visits to the Equipment for matters of this nature.
15 Termination by the Hirer - The Hirer may terminate the Contract prior to completion of the Contract, by agreement in writing of both parties the Owner reserves the right to enforce a cancellation charge of such amount that may be necessary to indemnify the Owner against all loss resulting from the said cancellation.
16 Termination by the Owner – (a) The Owner may terminate the Rental if the Hirer is in breach of the Contract, or is in default of any payment due, or in the Owner’s sole opinion may become in breach or default during the period of Rental. (b) The Owner shall be entitled at any time and for any reason what so ever without explanation terminate this Contract by giving the Hirer seven (7) days notice in writing.
17 Liability – (a) The Hirer expressly acknowledges that Owners are not the original manufacturer or supplier of the Equipment, and that the Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Equipment or its fitness for any particular purpose are hereby expressly excluded to the fullest extent permitted by law. (b) The Hirer acknowledges that the Owner or its representatives are not qualified to advise the Hirer on any aspects of physical exercise or personal health. The Hirer should consult his Doctors before undertaking in any strenuous exercise. (c) It is the Hirer’s responsibility to ensure that he is capable of undergoing a routine of exercises on the Equipment. The Hirer accepts the risk of injury from performing exercises on the Equipment and is advised to consult his Doctor prior to beginning any fitness program or exercise on the Equipment supplied.
18 Ownership - The Equipment is and shall remain the sole property of the Owner and the Hirer shall not sell, offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the Equipment
19 Law and Jurisdiction - Any dispute between the Owner and the Hirer arising from the Contract shall be subject to Manx Law and the parties submit to the exclusive jurisdiction of the Manx Courts.
20 Delivery & Collection – (a) All times or dates quoted for delivery & collection of the Equipment are given in good faith but without any responsibility on the part of the Owners. The delivery or collection will take place during Monday to Sunday between 8.00am to 9.30pm. Time of delivery shall not be of the essence of the Contract. (b) The Owner will arrange collection of the Equipment from the location detailed on the Contract during Monday to Sunday between 8.00am to 9.30pm on the day the Contract is terminated. (c) The Owner cannot be held liable for any damage made while delivering, collecting and installing the equipment in the Hirer’s home or place of business however it so may be caused. (d) If the Hirer cancels the delivery or collection with less than 24 hours notice to the Owner or is not in at the agreed delivery or collection time, a charge of up to £50 will be made for re-delivery or collection of the Equipment.
21 Validity of Conditions - Should any term in the Contract be held to be invalid such invalidation shall not affect the validity of the remaining terms.
22 Data Protection – (a) To help the Owner decide whether to enter into this Contract or any future agreement with the Hirer, the Owner may take the use of the information provided to it by the Hirer; information received from enquiries made about the Hirer; and information gained from the Hirer’s performance of this and any other agreement which the Hirer has with the Owner. The Owner’s enquiries may include searching the Hirer’s record at one or more credit reference agencies who will keep details of the search. There details will be seen by other organisations who make searches. Information held about the Hirer by the Credit Reference Agencies may be linked to records relating to one or more of the Hirer’s partners. This is called “association”. For the purposes of this Contract and the application, the Hirer may be treated as financially linked and assessed with reference to any associated records. (b) If this is a joint application or if the Owner is informed by the Hirer of a financial associate with another person, the Hirer must ensure that he has the authority (i) to disclose information about the joint applicant and any such other person and (ii) to authorise the Owner to search, link or record information about the joint applicant or such other person, at one or more of the Credit Reference Agencies. An “association” will be created at the Credit Reference Agencies between the joint applicants and / or between the Hirer and any person with whom the Hirer has stated there is a financial relationship. This links together all the financial records, and unless a disassociation is successfully filed at the Credit Reference Agencies, all the financial records will be taken into account an any future applications by the joint applicants, whether such applications are made together, or separately. The Owner may also use a credit storing system.