Rental Terms AND CONDITIONS
BACKGROUND:
These Terms and Conditions shall apply to the hire of all office equipment (“the Equipment”) from Midgard IT Ltd (“the Company”) by customers who are hiring the Equipment for use at their business premises (“the Premises”).
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” | means the customer who is hiring the Equipment subject to these Terms and Conditions; |
“Deposit” | means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement; |
“Price List” | means the Company’s price list, current at the time of the start of the Rental Term; |
“Hire” | means the hire of the Equipment by the Customer subject to these Terms and Conditions; |
“Hire Agreement” | means the agreement entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and |
“Hire Fees” | means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions. |
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
- a Schedule is a schedule to these Terms and Conditions;
- a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
- a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
- Words imparting the singular number shall include the plural and vice versa.
- References to any gender shall include the other gender.
- Rental Term
- The agreed Rental Term will be for 24 months unless agreed otherwise in the Rental Inventory.
- If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact the Company to arrange such an extension.
- After the end of the initial term the contract will be automatically renewed on a monthly basis until notified otherwise by the Customer.
- The Company reserves the right to recall the Equipment immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all remaining in the Rental Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter the Premises and use any means necessary to recover the Equipment. The Customer shall be charged for any costs associated with such recovery.
- Deposit
- The Customer may be required to pay a refundable Deposit to the Company at the commencement of the Rental Term, prior to delivery of the Equipment. The sum of the Deposit shall be set out in the Rental Agreement.
- At the end of the Rental Term the Company shall have a period of 28 days within which to fully inspect the Equipment. If the Equipment requires cleaning and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. In the event that additional cleaning and / or maintenance is required the Company shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
- Fees and Payment
- The Rental Fees will be determined by reference to the length of the Rental Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Hire Agreement.
- Payment shall be made in part or in full, as set out in the Rental Agreement, at the commencement of the Rental Term. Payment may be made by card or Bank Transfer.
- All payments to be made in part will take the form of regular monthly payments. The Company will invoice the Customer on a monthly basis. All payments shall be required within the period specified on the relevant invoice.
- Delivery, Installation and Collection
- Following the receipt by the Company of the Deposit and any required Hire Fees the Company shall deliver the Equipment to the Premises on the agreed date, as set out in the Hire Agreement.
- The Company shall use its best and reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
- The Customer or a suitable authorised representative must be available at the Premises at the time of delivery in order to sign for the Equipment. In the event that the Customer fails to comply with the provisions of this sub-Clause 5.3 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.
- In the event that the Company is unable to deliver the Equipment due to the Customer’s absence from the Premises (along with that of any authorised representatives) additional delivery charges will be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.
- Certain items of Equipment may require specialist installation. Unless specifically authorised to do so by the Company in writing the Customer may not undertake such installation. Installation of the Equipment shall be the responsibility of the Company. All costs of installation and subsequent removal shall be incorporated into the Hire Fees.
- At the end of the Rental Term, on the agreed collection date the Customer shall ensure that all of the Equipment is available for collection by the Company.
- In the event that any Equipment is unavailable for collection on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Company (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Company’s then current Price List.
- Use and Care of the Equipment
- The Customer may only use the Equipment for the normal purpose for which it is intended.
- All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
- Certain items of Equipment may require specialist training prior to use. The Customer must ensure that such training is provided to all employees (and any other relevant individuals for whom it may be responsible) that will use the Equipment during the Rental Term.
- The Customer may not make any alterations or adjustments to the Equipment beyond those that are already possible within the range of adjustments specific to a given item.
- The Customer may only affix or connect other items to the Equipment where such fixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.
- The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
- All Equipment which uses consumables of whatever nature must only be used with official consumables (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) or such other products as authorised by the Company.
- Maintenance
- The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Company. When the Company is contacted in this regard it shall have the option of repairing the Equipment itself or granting the Customer permission to make the necessary repairs. The cost of such repairs shall be borne by either the Company or the Customer, the responsibility being determined by the reasons for those repairs.
- The Company shall maintain the Equipment to the standards specified by the relevant manufacturers. Only official parts (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) shall be used for maintenance and repair work.
- All parts which may require replacement during the Rental Term shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts and associated labour.
- Insurance
- It is the responsibility of the Customer to fully and comprehensively insure the Equipment against loss, damage and theft. The value stated for the Equipment shall be that shown in the Company’s current Price List.
- The Customer shall supply proof of such insurance to the Company on demand.
- Liability
- The Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
- The Company will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
- Nothing in these Terms and Conditions restricts the Company’s liability for death or personal injury arising out of any act or omission of the Company.
- Data Protection
For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice available from https://www.midgard.co.uk/terms-and-conditions/.
- Termination
- Where the Customer is an individual, the Company shall be entitled to terminate the Hire Agreement in the event that:
- the Customer is in breach of these Terms and Conditions;
- the Customer has had their personal belongings confiscated in order to satisfy debts; or
- the Customer has a receiving order made against them.
- Where the Customer is a company, the Company shall be entitled to terminate the Hire Agreement in the event that:
- the Customer is in breach of these Terms and Conditions;
- the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
- In the event of termination for any of the above reasons:
- all payments required under the Rental Agreement shall become due and immediately payable; and
- the Company shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
- Where the Customer is an individual, the Company shall be entitled to terminate the Hire Agreement in the event that:
- No Waiver
No failure by either the Company or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
- Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
- Law and Jurisdiction
- These Terms and Conditions shall be governed by the laws of England and Wales.
- Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.