Legal

‘The Company’ shall mean Easirent Limited whose registered office is situated at Easirent Limited, Unit B3, Basepoint Innovation Centre, 110 Butterfield, Great Marlings, Luton, Bedfordshire, LU2 8DL.

‘The Customer’ shall mean any party with whom the Company enters into a Contract.

‘The Contract’ shall mean the contract entered into between the Company and the Customer of which these terms and conditions shall form part.

‘Equipment’ shall mean the subject matter of the Contract or (as the case may be) any part thereof together with all packaging materials in respect thereof.

1. ‘Month’ means a calendar month.
2. ‘Week’ means any period of seven consecutive days.
3. ‘3 Days’ means any period of three consecutive days.

1. The Equipment will be charged at the Company’s rental rates subsisting at the date of the Contract or as varied on notice. Part of a week will be charged at a rate equal to a full week’s rental. Part of a month will be charged at a rate equal to a full month’s rental.
2. The Company reserves the right to alter its rental rates for the Equipment on hire from time to time, subject to giving the Customer not less than 4 weeks notice in writing of such alteration.

Payment of all invoiced charges is strictly net monthly from date of invoice. If the Customer defaults in making any such payment, then without prejudice to any other rights of the Company shall be entitled to charge interest on the amount of any outstanding payment from the date of invoice to the date of payment thereof at the rate of 3% over the current base rate from time to time of National Westminster Bank PLC.

1. Acceptance by the Customer of delivery of the Equipment shall be evidence that the Equipment has been delivered in accordance with the Contract. The Customer
   shall test the Equipment within 24 hours of the delivery and in the event of theEquipment being faulty or not in accordance with the Contract, the Customer shall forthwith notify the Company by either fax or telephone and give the Company details
   of the fault or deviation of the Contract terms. The Company will then inform the Customer of remedial action the Company will take.
2. For Equipment collected from the Company by the Customer, responsibility for the safekeeping of the Equipment shall pass to the Customer or his agent immediately upon the Customer or his agent signing a receipt for the Equipment.

The Company hereby warrants to the Customer that at the commencement of the rental period the Equipment complies with its manufacturer’s description. The benefit of this warranty may not be assigned by the Customer to any other party.

• The Customer shall be responsible for and hold the Company fully indemnified against any claim for loss, damage, injury or death to any company, firm or person arising in connection with the use by the Customer of the Equipment provided that such indemnity shall not extend to any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
• Any damages to which the Customer may become entitled in any claim against the Company in any action whatsoever arising out of the Customer’s use of the Equipment or pursuant to the Contract shall be limited in amount to the amount of the rental payments paid by the Customer for the Equipment to the Company as at the date on which the damages occurred.
• Save as provided herein or by the provisions of Section 55 of the Sale of Goods Act 1979 all guarantees, warranties, conditions or liabilities whatsoever whether expressed or implied by statute common law or otherwise are hereby excluded.

Internet Provision

• The Company does not accept liability for slow running or downtime experienced by the Customer while connected to the Internet. In such circumstances, the Customer will accept all charges for equipment supplied on rental for Internet usage.

Delivery dates are quoted without any liability to the Company and in respect of any such dates time shall not be of essence of the Contract, although every endeavour will be made to adhere to them. In no circumstances will the Company be liable for delay in delivery of Equipment arising from any cause whatsoever.

1. The Company shall, at its expense, provide maintenance of and/or recalibration for the Equipment and shall either repair or replace Equipment which becomes defective during the subsistence of the Contract through no fault of the Customer.
2. If the Equipment does not operate properly, the Customer shall notify the Company and request instructions before taking any remedial action or returning the same to the Company.
3. In the event of the Equipment requiring repair or recalibration as a result of Customer negligence, misuse or abuse then the Customer shall bear the cost of any such repair and/or recalibration.
4. Where Equipment needs maintenance and/or recalibration other than in circumstances referred to in Clause 15.3, rental charges will be credited to the account of the Customer for the period the Equipment is not in use.

The Company reserves the right at its discretion to charge a cancellation fee as it sees fit in relation to any Equipment where cancellation is made less than seven days of delivery of the Equipment is due to take place. The cancellation fee shall be at the discretion of the Company but shall in any event be not less than 40% of the order value and any carriage charge excluding VAT.

1. Software and associated documentation for microcomputers comprised in Equipment is subject to the Copyright of the original software writers and manufacturers or the Company (the owners of Copyright) and may not be copied or published by the Customer except as allowed under this Clause.
2. The Customer may use the software and associated documentation only for the period of hire and then only on the specific equipment with which it was supplied. Software may be used for copying parts of the program from storage medium to CPU or the processing of data but for no other purpose.
3. The Customer may make two copies of the Software for back-up and archive purposes.
4. On termination of hire, the Customer shall return to the Company the originals of all Software and associated documentation supplied together with all copies.

1. Any notice given under the provisions of or with reference to the Contract shall be deemed well served if when addressed to any of the parties hereto it be left at its registered office or such other address notified by such party for service of notices hereunder of it sent by first class post the date of service shall be deemed to be twenty four hours following the date of posting and in proving such service it shall be sufficient to prove that the envelope containing the notice was properly addressed and posted in a pre-paid letter or if sent by fax the time of service shall be the time of receipt of the fax if received during normal working hours and if received outside such hours at 9.30am on the next day the recipient of the fax would normally be open for business.

The following terms and conditions shall apply to the sale of any Equipment which has previously been rented by the Company (hereinafter referred to as the ‘Used Equipment’) to any Customer of the Company other than the Purchaser of the same (‘the Purchaser’):

1. The Company shall sell the Used Equipment to the Purchaser for the price agreed in writing by the Company together with any VAT payable thereon.
2. Risk in the Used Equipment shall pass to the Purchaser on the day the Used Equipment is despatched from the Company’s premises and title to the Used Equipment shall pass to the Purchaser upon receipt by the Company of the sums in Clause 22.1.
3. The Purchaser shall inspect the Used Equipment and satisfy itself as to its suitability for its purposes and as to its condition. Clauses 22.4 and 22.5 of these terms and conditions shall apply to the sale of Used Equipment and all other terms and conditions are expressly excluded.

1. Acceptance by the Company of any offer for rental of Equipment is subject to these terms and conditions and they may not be varied save by agreement in writing by the Company.
2. The Customer accepts responsibility for:
   • The selection of all Equipment.
   • All Equipment during the period of rental as defined in Clause 4.

1. Subject to the provisions of Clause 4.2 the rental period shall be either:
   •  one week or the period referred to in the Contract (being a whole multiple of a week): or
   • one month or the period referred to in the contract (being a whole multiple of a month). Upon making the offer for rental, the customer shall indicate in writing whether the rental period shall be on a weekly or monthly basis. If no notification is given, weekly terms shall apply. Part of a week or of a month shall be treated as the whole week or month. (unless otherwise quoted in writing.)
2. the rental period will commence from the time the equipment is delivered to the customer and will continue (unless otherwise agreed in writing) until the day on which the equipment is returned to the company’s premises.
3. If the Customer fails to return the Equipment to the Company’s premises on or prior to the last day of the rental period referred to in the Contract or pursuant to terms agreed between the Company and the Customer the Contract shall be deemed to have been extended upon similar terms as to payment to those subsisting immediately prior to its extension and the Contract shall subsist until the Equipment is returned to the Company’s premises.

Delivery of Equipment 

• The Company shall determine the method of transport after consulting the Customer. The Customer will agree to the method of delivery when placing an order.
• Where British Rail RED STAR method of transportation is used for delivery of Equipment to the Customer, it is the Customer’s responsibility to collect the Equipment from the agreed RED STAR station.

Return of Equipment

• Prior to the return of the Equipment by the Customer to the Company in accordance with the provisions of the Contract, the Customer will obtain from the Company a ‘Goods Return Notification Number’ and at the same time will agree with the Company suitable transportation for the return of the Equipment to the Company. The Customer will ensure that the Equipment is returned in a secure manner to prevent damage during transportation and marked ‘Fragile’.
• If British Rail RED STAR is used for the return of Equipment by the Customer, the Equipment will be put on a RED STAR train clearly marked for the Company at Cambridge Station, Cambridgeshire or Stevenage Station, Hertfordshire. Notwithstanding the foregoing provision, if the Company notifies the Customer that the Company will collect the Equipment from the Customer, the Customer will make the Equipment available to the Company or its Agent.
• The Customer will be responsible for all transportation expenses including delivery and return of Equipment whether effected by the Customer or the Company.
• If the Company notifies the Customer that the Company will collect the equipment from the Customer, the Customer will make the equipment available to the Company or to its Agents.

Packaging 

• Packaging materials are chargeable in full, if not returned to the Company upon expiration of the Contract.

Upon the occurrence of any loss or damage to the Equipment the Customer shall forthwith notify the Company by either fax or telephone and, if notified by telephone, shall confirm the same in writing. The Customer shall, on written demand by the Company, pay to the Company the full cost of replacement or repair of the Equipment within 30 days after the date of such demand. In the event of loss or damage, the rental charge shall continue to be paid. On receipt of payment for the full cost of replacement or repair the Company will replace or repair the Equipment as the case may be.

The customer will in its use of the equipment observe all the manufacturer’s and where appropriate, the company’s instructions and other regulations both statutory or otherwise that may be issued or may be enforced for the proper use thereof and shall be responsible for any damage caused to the equipment through failure to observe such instructions or regulations or failure to use the equipment in a proper manner.

The Equipment shall remain at all times the property of the Company and the Customer acknowledges that the Equipment is supplied to the Customer on a rental basis only.

All Rental charges given in the catalogue are exclusive of VAT, which will be charged at the rate applicable at the relevant tax point date.

During the subsistence of the Contract, the Customer shall:

• keep the Equipment in the Customer’s possession and under the physical control of the Customer at the address notified to the Company at the time of order;
• not keep the Equipment at any address or move the Equipment in any manner except as authorised in writing by the Company, and, if so authorised, shall forthwith give written notification of the change of address or relocation to the Company;
• keep the Equipment in good condition and not subject the same to any misuse (including but not limited to use conflicting with the recommendations of manufacturers’ of the Equipment) or unfair wear and tear and to use the same in a proper manner;
• permit the Company and its authorised agents at all reasonable times; to enter upon any premises (or vehicle) where the Equipment may be located for the purpose of inspecting, maintaining, repairing testing or as appropriate repossessing the same;
  e) repay to the Company on demand all costs charges and expenses incurred in any way by reason of any breach of the Contract or other obligation of the Customer;
• preserve the Company’s and/or manufacturer’s identification number and/or mark and/or nameplate affixed to the Equipment either by the Company and/or by the manufacturer;
• maintain comprehensive insurance on the Equipment in its full reinstatement value with a reputable insurance company approved in writing by the Company for loss or damage by any cause whatsoever until the said Equipment is received at the Company’s premises and signed for on behalf of the Company or, if the Company so agrees the Company will effect insurance for the Equipment and the Company will charge the Customer and the Customer shall pay for such insurance and the Company shall not by any act or default cause such insurance to be rendered void or voidable;
• in the event of the Company arranged insurance cover, the Customer will cover any excess payable under such Insurance Policy;
• in the event of any loss or damage to the Equipment under the Contract, the Customer shall be liable for all rental payments and carriage charges until the Company receives full payment in the respect of the loss or damage;
• the Customer shall forthwith upon the Company requesting the same produce to the Company evidence of any insurance which the customer is obliged to effect pursuant to the Contract;
• if the Company has not agreed to insure the Equipment under the provisions of paragraph (g) of this Clause and the Customer fails to effect the insurance as aforesaid or if the Customer shall fail to produce any such evidence of insurance, the Company shall without prejudice to its rights in respect of any such breach be entitled, but not obliged, at the expense of the Customer to insure the Equipment together with such other risks in relation to the Equipment which the Company shall in its absolute discretion consider appropriate and keep them so insured during the subsistence of the Contract and the Customer will pay to the Company on demand any sums expended by the Company for such purpose;
• not sell, assign, sub-let or transfer the Equipment or the benefit of the Contract in whole or in part; and
  m) not make any alterations, modifications or adjustments or attempt any repairs to the Equipment without the prior written consent of the Company.

Equipment may be the subject of patent rights and/or other legal protection.

1. In order that the Equipment is returned to the Company in accordance with the Contract, it is the Customer’s responsibility (where appropriate) to obtain a ‘Goods Return Notification Number’ (GRNN) from the Company before the termination of the Contract.
2. In the event of the Customer being in default of any of the provisions of the Contract, the Company shall be entitled to treat such default, if it shall not be remedied within seven days after receipt of a written notice by the Company to the Customer of such default, as a repudiation by the Customer of the Contract and the Company shall be entitled to enter upon the Customer’s premises to remove and to take possession of the Equipment without notice to the Customer and the Customer undertakes to indemnify the Company in respect of all damage or loss incurred by the Company, including without prejudice to the generality of the foregoing any payment which the Company may make to any third party relating to the Equipment which results from the exercise by the Company of its rights hereunder.

1.  The Customer may purchase the Equipment (in its then existing state and condition) on and subject to the provisions of this clause; i ) at any time during the
   rental period in the Contract by payment of firstly such sum as will with payments previously made amount to the rental charges payable for the period referred to in the
   Contract and secondly the Option Fee; or ii) at the expiration of the rental period in the Contract by payment of the Option Fee. For the purposes of this Clause the ‘Option Fee’ shall be the fee indicated in the Contract or if no fee is so indicated the fee agreed in writing by the Company.
2. Title to the Equipment shall only pass to the Customer upon receipt by the Company of the sums in Clause 22 and until that time the Equipment shall remain the sole property of the Company and the Customer shall be a mere bailee thereof.
3. If the Customer does not exercise the option to purchase the Equipment in accordance with Clause 22, then the Customer shall at the risk of the Customer return the Equipment to the Company or as the Company may direct at the end of the rental period in the Contract unencumbered and in good repair and condition (fair wear and tear excepted) in accordance with Clauses 6.3 to 6.7 inclusive and Clause 20.
4. Clause 7 shall not apply to any Equipment purchased under this clause. The Customer shall be deemed to have accepted the Equipment (in its then existing state and condition) upon notification of the intention of the Customer to purchase the Equipment and save for the unexpired term of any lawfully assignable manufactures warranty in respect of the Equipment (if any) the Company gives no guarantees, warranties or conditions and shall have no liability whatsoever in respect of or in connection with the Equipment whether expressed or implied by statute common law or unless otherwise agreed in writing by the Company. The Equipment may only be returned with the prior written consent of the Company and clauses 6.3 to 6.7 inclusive and Clause 20 shall apply thereto. Any Equipment returned within the unexpired term of any manufacturer’s warranty shall be returned in accordance with Clauses 6.3 to 6.7 inclusive and Clause 20 and shall be accompanied by written notice from the Customer as to the date of purchase of the Equipment and the nature of the claim under the warranty.
5. Without limiting the generality of Clauses 18,19 and 22.4 the Customer shall fully indemnify and keep indemnified the Company against any action, claim, demand, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any copyright, letters, patent, registered design, trade mark, trade name or other intellectual property right (whether registered or not) in respect of the Equipment.
6. Clause 15 shall not apply to any Equipment purchased under this Clause,
7. Save where expressly varied by or where inconsistent with this Clause 22, the terms and conditions of the Contract shall apply to any purchase of the Equipment under this Clause.