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EXERCISE EQUIPMENT - EXERCISE CYCLES - TREADMILLS - MULTI-GYMS - ROWING MACHINES - TRAINERS - EXERCISE EQUIPMENT
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FITNESS TAKEAWAY 3-5 HOGG STREET, AIRDRIE ML6 9JH TEL: 01236 767211
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EXERCISE CYCLES |
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ABBREVIATED TERMS AND CONDITIONS OF HIRE All business is conducted subject to our standard terms and conditions of hire.
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FULL
CONDITIONS OF HIRE 1.
DEFINITIONS 1.1
“The
Owner” means Fitness Takeaway. 1.2
“The
Hirer” means the person, firm, company, corporation or authority
specified as the hirer of the Equipment and includes his, its or their
successors or personal representatives. 1.3
“Equipment”
means the equipment listed in the quotation provided by the Owner to the
Hirer and includes any other equipment or goods of any nature whatsoever
provided by the Owner to the Hirer on hire. The Equipment is the property
of Fitness Takeaway. 1.4
“Hire
Contract” means the contract between the Owner and the Hirer for the
hire of the Equipment. 1.5
“Minimum
Hire Period” means either the fixed term period or the minimum period
for which the Hirer agrees to hire the Equipment as stated in the form of
quotation or form of acknowledgement of order provided by the Owner or (in
the event that no such Period is specified in such quotation of
acknowledgement of order forms) agreed between the Hirer and the Owner. 1.6
“The
Delivery Address” means the location specified by the Hirer to the Owner
as the location for the Equipment. 2.
CONSENTS,
LICENCES AND PERMISSIONS 2.1
The
Hirer shall obtain and maintain in force all permissions, consents and
licences requirement for the Equipment or for the erection, installation
or operation of the Equipment or any part of it under any statute,
regulation or bylaw and comply with any conditions imposed therein. 3.
DELIVERY 3.1
The
Owner will use its reasonable endeavours to deliver the Equipment to the
main entrance of the delivery address on the date specified for the
commencement of the Minimum Hire Period. 3.2
Unless
specified in writing, the date for delivery of the Equipment shall not be
of the essence of the contract and the Owner accepts no liability for
failure to deliver the Equipment on any specified date arising from any
cause whatsoever. 3.3
A
suitable access route for delivery to the main entrance of the delivery
address and collection from the delivery address is to be provided by the
Hirer with unrestricted entry and approach. It is the Hirer’s
responsibility to ensure the suitability of the site and access for the
Equipment. Any costs arising
from the unsuitability of the site or access are chargeable to the Hirer. 4.
LOADING
AND UNLOADING 4.1
The
Hirer shall be responsible for the loading and unloading of the Equipment
at the site, and any personnel supplied by the Owner shall be deemed to be
under the Hirer’s control. The Owner accepts no responsibility for loss,
injury or damage caused by the Hirer or any personnel supplied Owner’s
Driver to persons or property involved in the loading and unloading of the
Equipment. 4.2
The
Hirer shall be responsible for any lifting gear or special apparatus
requested for the installation or removal of the Equipment. 4.3
The
Owner’s responsibility for delivery is limited to offloading the
Equipment at the Site. Any
work involving position of the Equipment is the responsibility of the
Hirer. The Owner accepts no responsibility for loss, injury or damage
caused by the Hirer or any personnel supplied Owner’s Driver to persons
or property involved in the loading and positioning of the Equipment. 5.
MAINTENANCE,
CARE AND ALTERATIONS 5.1
The Hirer shall use the Equipment
in a reasonable and proper manner and in accordance with any operating
instructions issued with the Equipment.
The Hirer shall be responsible for maintaining the Equipment in the
same condition as on the date of its delivery and for returning the
Equipment on the completion of hire under the Hire Contract in a good and
clean condition (fair wear and tear excepted). 5.2
If at any time during the period of
hire to the Hirer any item of the Equipment is lost or damaged the Hirer
shall be responsible for the full cost of replacement or repair of such
item of the Equipment. In the
case of damage to the Equipment the Owner shall be entitled in his
absolute discretion to determine whether the damage shall be made good by
repair or the damaged item of the Equipment shall be replaced. 5.3
In the event of any item of the
Equipment malfunctioning the Hirer will inform the Owner at the earliest
possible opportunity. The
Owner will procure that the engineer visits the site to examine the
malfunctioning item of the Equipment within one working day of
notification. 5.4
If, in
the opinion of the Owner any malfunction of the Equipment is caused by
misuse, neglect or malicious vandalism the cost of the repairs will be
charged to the Hirer. If, in
the opinion of the Owner any malfunction of the Equipment is caused by
incorrect usage the Owner will charge the Hirer a full call-out charge at
the rates of the Owner ruling at the time, including all transport
charges. If, in the Opinion of the Owner any malfunction of the Equipment
is caused by wear and tear the Owner will endeavour to replace the
Equipment and will extend the hire from the time that the fault is
reported. 6.
INSPECTION 6.1
The
Hirer shall at all times allow the Owner, his agents or servants or any
person authorised by the Owner to have reasonable access to the Equipment
to inspect, test, adjust, repair or replace the same. 7.
PERIOD
OF HIRE 7.1
The
period of hire of the Equipment will commence on the day the Equipment
leaves the Owner’s premises and will terminate on the day when it is
received back at the Owner’s premises or on a site nominated by the
Owner, both days being included in the period of hire. 7.2
On
expiry of a fixed period of hire that has been specified in the quotation
provided to the Hirer, the Owner will arrange collection of the Equipment. 7.3
If a
Minimum Hire Period is a term of the Hire Contract the Hirer or the Owner
may terminate the Hire Contact by notice in writing to the other of not
less than the duration specified below, any such notice to take effect on
the last day of the Minimum Hire Period or the day thereafter.
8.
RENTAL AND PAYMENT TERMS 8.1
During
the Minimum Hire Period the Hirer shall pay to the Owner the rentals in
respect of the Equipment specified in the quotation provided to the Hirer
by the Owner or (in the event that no quotation is provided by the Owner
to the Hirer or that any term of Equipment provided to the Hirer by the
Owner is not specified in the quotation) agreed between the Owner and the
Hirer. This payment should be
made in advance. 8.2
In the
event that the Hirer remains in possession of the Equipment with the
consent of the Owner after the expiry of the Minimum Hire Period the
rental in respect of the Equipment shall continue at the same rate as
prior to the expiry of the Minimum Hire Period. 8.3
If the
Minimum Hire Period exceeds one month, the Owner will invoice rental
charges in respect of the Equipment monthly, as at the first day of each
succeeding month. 8.4
The
rental charges under the Hire Contract are due from the Hirer as at the
date of invoice from the Owner. All
rentals will be paid by the Hirer punctually to the Owner during the
continuance of the period during which the Equipment is on hire to the
Hirer and no allowance or deduction shall be permitted from such rentals
in respect of any period where for whatever reason the Equipment shall not
be used by the Hirer. 8.5
In the
event of late payment the Owner reserves the right to charge interest at
the rate provided for under current late payment legislation. 8.6
The
Owner reserves the right to amend hire rates at any time after the expiry
of the Minimum Hire Period, giving seven days notice in writing to the
Hirer specifying the amended rates. 8.7
Where
the quotation or form of contract forming part of the Hire Contract so
specifies the Hirer shall be obliged to pay a security bond to the Owner
upon entering into the Hire Contract.
The amount of such deposit shall be set off by the Owner against
the final payments in respect of the Equipment becoming due from the Hirer
under the Hire Contract. This
will be held until the satisfactory termination of the hire and return of
the Equipment to the Owner. 8.8
The
Hirer will pay to the Owner VAT at the rate ruling on all payments made
under the Hire Contract. 9.
TERMINATION 9.1
Without
prejudice to the Owner’s right to arrears or other sums due under the
Hire Contract the Owner may terminate the Hire Contract on the occurrence
of any of the following events:- 9.1.1
If the
Hirer shall fail to pay any of the rentals or any other sums agreed to be
paid by the Hirer to the Owner under the Hire Contract punctually on the
due date; or 9.1.2
If the
Hirer shall be in breach of any term of the Hire Contract; or 9.1.3
If the
Hire shall do or allow to be done any act or thing which may prejudice or
endanger the Owner’s property or rights in the Equipment; or 9.1.4
If the
Hirer shall die; or 9.1.5
If the
Hirer shall have a bankruptcy order made against him; or 9.1.6
If the
Hirer shall be liquidated or wound up or have a petition for winding up
presented against it or pass a resolution for voluntary winding up
(otherwise than for reconstruction or amalgamation to which the Owner
shall have given its written consent); or 9.1.7
If a
petition for the appointment of an administrator is presented against the
Hirer or if the Hirer has an administrative receiver appointed over the
whole or any part of its assets; or 9.1.8
If the
Hirer shall convene any meeting of its creditors or make a deed of
assignment or arrangement otherwise compound with its creditors; or 9.1.9
If the
Hirer shall abandon the Equipment; Whereupon the Owner’s consent to the Hirer’s
possession of the Equipment shall be terminated immediately and the Owner
may take possession of the Equipment wherever it or any part of it may be. 10.
CONSEQUENCES
OF TERMINATION 10.1
Immediately
upon the hiring of the Equipment being terminated pursuant to Clause 10.10
above the Hirer shall pay to the Owner:- 10.1.1
All
arrears of rental then due; 10.1.2
All
rentals where the Owner’s consent to the Hirer’s possession of the
Equipment had not been determined were agreed to be paid by the Hirer to
the Owner until the end of the Minimum Hire Period or, in the event that
the Minimum Hire Period has expired, until the date when the Hire Period
has expired, until the date when the Hire Contract could first validly be
terminated thereafter by notice in Hire Period has expired, until the date
when the Hire Contract could first validly be terminated thereafter by
notice in writing given by the Hirer to the Owner (less a discount for
accelerated payment at the rate of 5% per annum); writing given by the
Hirer to the Owner in re-taking possession of the Equipment and/or
enforcing its rights under the Hire Contract.
Provided however that if during any part of the period from
termination by the Owner of hire under the Hire Contract until the expiry
of the Minimum Hire Period (or other period taking into account in
computing the payment to be made by the Hirer hereunder) the Owner shall
have hired out all items of equipment in the nature of the Equipment which
it then has available for hire, the Owner shall allow a rebate to the
Hirer equal to 50% of the daily rental value under the Hire Contract of
such item of Equipment in respect of each day during such period (less the
amount representing the discount applicable under 11.2 above). 11.
CONDITIONS,
WARRANTIES AND EXCLUSIONS 11.1
The
Equipment shall be deemed to be complete, in good order and condition and
to the Hirer’s satisfaction unless notification is received by the Owner
within 48 hours of the Equipment being delivered to the Site. 11.2
No
warranty or representation is given or made that the Equipment is suitable
for the purpose required by the Hirer. It is the Hirer’s responsibility
to ensure that the Equipment is fit and safe for usage prior to use. 11.3
In the
event of malfunction, failure or poor or partial performance of the
Equipment or any part of it, the liability of the Owner shall be limited
to repairing or replacing the Equipment or the relevant part. 11.4
The
terms set out in these conditions together with any other terms of the
Hire Contract agreed in writing between the Owner and the Hirer constitute
all the terms of the Hire Contract, subject thereto, all conditions,
warranties and representations expressed or implied by statute, common law
or otherwise, in relation to the Equipment are hereby excluded and the
Owner shall be under no liability to the Hirer for any loss, damage or
injury, direct or indirect, resulting from defective material, faulty
workmanship or otherwise arising and whether or not caused by the
negligence of the owner, its employees or agents save that Owner shall
accept liability for death or personal injury caused by the negligence of
the Owner. 11.5
Without
prejudice to the above provisions, no liability will attach to the Owner
for any consequential loss or damage due to any failure in the Equipment
or poor or partial performance or late delivery of the Equipment or any
part thereof or any breach of the Hire Contract whatsoever by the Owner
for any cause whatsoever, including the negligence of the Owner or the
Owner’s employees. 12.
TRANSPORT 12.1
Unless
otherwise stated in the quotation provided by the Owner to the Hirer, the
Hirer shall pay to the Owner the cost of the transport of the Equipment
from the Owner’s premises to the site and its return to the Owner’s
premises. 13.
SUB-LET
AND CHANGES OF SITE 13.1
The
Hirer shall not re-hire, sell part with possession of or otherwise deal
with the Equipment or purport to do any such things and shall indemnify
the Owner against all damages, losses, costs, charges and expenses that
may be occasioned by failure to observe and perform this condition except
in the case of Government requisition. 13.2
The
Hire Contract is personal to the Hirer and the Hirer shall not assign his
or its rights hereunder. 13.3
The
Hirer will remain liable for all damage to the Equipment or any part of it
caused by any person, firm or company to which the Hirer gives possession
of the Equipment or any part of it caused by any person, firm or company
to which the Hirer gives possession of the Equipment and for any charges
by the Owner in accordance with these terms and conditions in the event of
failure to maintain the Equipment property. 14.
INSURANCE 14.1
The
Hirer shall insure and keep the Equipment and its accessories insured
under a comprehensive insurance policy without restriction or excess to
its full replacement value as stated in the form of contact provided by
the Owner to the Hirer against all the usual risks including loss or
damage by fire, flood, accident or any other causes.
The Hirer shall also fully and completely indemnify the Owner in
respect of all costs and charges in connection therewith whether arising
under statute or common law, save that the Hirer shall not be liable to
indemnify the Owner in respect of death or personal injury arising from
the Owner’s negligence. 15.
OWNER’S
MARKS 15.1
The
Hirer will not remove, obscure, alter or deface in any way any of the
Owner’s nameplates, signs, engravings or other indications of ownership
on any of the Equipment. 16.
GENERAL 16.1
Any
delay or failure by the Owner to exercise any right or remedy under the
terms hereof shall not constitute a Waiver of it or them and any of the
Owner’s rights or remedies may be enforced separately or concurrently
with any other right or remedy now or in the future accruing to the Owner
to the effect that such rights are cumulative and not exclusive of each
other. 16.2
The continuance of the hire under
the Hire Contract and of the Hirer’s ability for payment of rentals and
all other sums due under it shall not be affected in any way by the loss
or theft of or any damage to or defect in the Equipment, whether latent or
patent. 16.3
Any written communication from the
Owner to the Hirer or from the Hirer to the Owner shall be sufficiently
served if sent by prepaid post or letter or delivered by hand to the
address of the other as referred to in the quotation or contract document
forming part of the Hire Contract and if sent by post or letter shall be
deemed to have been received by the addressee 48 hours after the time of
posting and at the date of delivery if delivered otherwise than by post. 16.4
The
Hire Contract shall be governed by and construed in accordance with the
laws of 17.
CANCELLATION 17.1
In the
event that the Hirer cancels the Hire Contract the Owner reserves the
right to charge a fee to the Hirer representing the Owner’s loss
resulting from cancellation of the Hire Contract.
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EXERCISE EQUIPMENT - EXERCISE CYCLES - TREADMILLS - MULTI-GYMS - ROWING MACHINES - TRAINERS - EXERCISE EQUIPMENT |
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