Fitness equipment hire - rental terms and conditions

1. Definitions and Law

2. Basis of Charging

The Hirer will pay the hire charges shown overleaf which will commence from the time and at the rate(s) shown overleaf and continue during the term until the Equipment is restored to the Owner in a clean and serviceable condition against the Owner's receipt. All charges are payable on demand, and include Value Added Tax at the prevailing rate on the date of invoice.

3. Minimum period of Contract

The contract will terminate not earlier than 4 weeks from the commencement date unless the contract is based on a short term agreement between both parties. A Commercial contract will terminate not earlier than 26 weeks from the commencement date, unless previously agreed in writing by both parties. If the Equipment is returned to the Owner before the minimum period has expired, the minimum term cost must be paid.

4. Responsibilities of the Person Signing

The person signing the contract warranties that he/she has the authority of the Hirer to make this contract on the Hirer's behalf. The Hirer hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so. The Hirer hereby acknowledges that instruction has been given in the operation and use of the Equipment. The Hirer hereby undertakes to ensure that no-one uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused.

5. Delivery in Good Order

The Hirer, having been afforded an opportunity to inspect the Equipment agrees that it is hereby deemed to be in good working order and wholly free from visible and/or reasonably ascertainable damage at the time of delivery. Any damage on delivery must be noted overleaf and signed by both the person signing the contract and the Owner or driver.

6. When the Signature becomes Operative

Where, for administrative convenience, the Hirer is requested by the Owner to sign a contract and/or delivery note before the goods are handed over, the Hirer agrees to examine the goods at the time of physical hand over and the effect of such signature will not become operative until immediately after the physical hand over.

7. Responsibility of the Owner

The Owner will indemnify the Hirer against all breakdown and maintenance of the Equipment whilst on hire unless it becomes damaged beyond acceptable wear and tear, in which case the Owner shall replace such Equipment. Public Liability insurance will be in force for all users (with the Hirer's express permission) over the age of 18 years. Any damage caused solely by the Owner or Agent while moving the Equipment must be rectified at the Owner's expense.

8. Responsibility of the hirer - Third Party

The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every reasonable expense, liability, loss claim or proceeding whatsoever incurred by it in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the hirer and injury to any servant, employee, relation or agent of the Hirer) and in respect of damage to any property whatsoever (including the Equipment) 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, provided that such indemnity shall not extend to circumstances where the Owner or its employees, servants or agents have acted negligently or in breach of these General Conditions or where such injury results from Equipment which is faulty or not fit for purpose.

9. Extended Hire

When the initial charge period has passed, the hire is assumed to continue, unless the Hirer informs the Owner that the hire is ending. In order to prevent unpaid hire, the Hirer agrees to pay for any extended hire period by a method agreed by both the Hirer and Owner. Should any hire remain unpaid for over thirty days from the date of invoice, the Hirer authorizes that the outstanding payment be taken by either the credit or charge card used for the initial payment, or by the method chosen by the Hirer and shown on the Owner's payment authorization form.

10. Electrical Equipment

Where the Equipment comprises electrical components in part or in whole the same should be used with plugs and sockets as provided by the Owner, but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a qualified person. Under no circumstances should the Equipment be used without earthing unless it is of double insulated construction.

11. Maintenance of equipment and breakdown Procedures

The Hirer shall keep them acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Owner. Under no circumstances must the Hirer repair or attempt to repair the Equipment, unless authorized by the Owner. When it is necessary to visit the Hirer's premises, the Hirer agrees to pay carriage if it is deemed that the breakdown is a result of incorrect usage or vandalism.

12. Removal of Equipment

Equipment must not be removed from the address specified by the Hirer when the Equipment was delivered (or collected from the Owner) without the authority of the Owner, or from any subsequently authorized address, without the express permission of the Owner.

13. Lost, Non-returned, Damaged or Unclean Equipment

The Equipment must be insured against fire and theft by the Hirer whilst on hire at the address specified overleaf or subsequently approved by the Owner. When the Equipment is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the current market retail value of the Equipment. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Equipment returned damaged or unclean (allowing for normal wear and tear). Hire charges will continue until such rectification is complete.

14. Determination of Hire

The Owner and/or the Hirer shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective 14 days after notice of termination has been received by the Owner or Hirer, as applicable) and in the case of the Owner, to repossess the Equipment or any part thereof. The Hirer agrees that all balances owed to the Owner will be paid within 14 days of termination of the hire, including all balances relating to the purchase of the Equipment, if any (post hire). Should outstanding hire charges be unpaid beyond 30 days from the invoice date, the Owner reserves the right to charge interest on the outstanding balance at a rate of 5% per calendar month.

15. Rights of Access

16. Separate Term Validity

Should any term in this contract be held to be invalid, such invalidation will not affect the validity of the remaining terms.