Terms and Conditions
The following terms shall form the basis of your agreement with us upon signing your contract:
1. ALTERATION NOT PERMITTED
We may vary any item of the agreement upon giving You reasonable notice. In the event that You do not accept the variation You may terminate the Agreement without penalty.
The following words and phrases shall have the following meanings in these Hire Conditions:
Agreement: - the Form and these Terms and Conditions under which You have hired the Equipment from Us;
You, Your: - the customer or customers hiring Equipment under the Agreement.
We, Our, Us: - the Company as shown on the Agreement or any company to whom Our rights under the Agreement are assigned by Us;
Equipment: - the equipment hired by You subject to the Agreement as shown on the Form;
Payments: - the rental payments shown in the Key Financial information on the Form as varied from time to time. Payment shall be construed accordingly;
Authorised Repair: - the service engineer(s) authorised by Us to effect repairs to Equipment
Premises: - the address as specified on the Form, where the Equipment is kept, or such other address as You may from time to time advise Us;
Kitchen Appliances: - Laundry, Dishwashers, Refrigeration and Cooking products;
Minimum Hire Period: - the minimum period of hire as stated on the form.
3. TERMS OF HIRE
We shall supply and You shall rent the Equipment for the Minimum Hire Period shown on the Form and after that upon the terms and conditions set out in this Agreement until terminated in accordance with these Conditions.
4. OUR RESPONSIBILITIES / RIGHTS / LIABILITIES
(a) We agree to service and repair the Equipment during the term of the Agreement free of charge to You except where the Equipment failure is due to misuse; neglect; wilful acts; theft or accidental damage; defects in any software; interference by a third party or any of the events in clause 4(c) occurs.
(b) We may if We wish replace the Equipment for any length of time with similar equipment (which will be of a type and model equivalent to or better than that being replaced where possible) which will also be subject to these Conditions.
(c) We may terminate the Agreement or any part of it on the happening of any one or more of the following events by giving any due notice required by law:
(i) You are in serious breach of the terms and conditions of this Agreement and You fail to make good the breach within 7 days of receiving written notice from Us to do so;
(ii) We consider (at Our discretion) that the Equipment can no longer be economically serviced, in this event We will discuss with You the availability of
suitable alternative Equipment. You move or propose to move outside Our service area;
(iii) A bankruptcy petition is presented against You or You call any meeting of Your creditors or execute any assignment for their benefit;
(iv) You have given materially false information, which we have relied on, in connection with this Agreement (whether or not recorded on the Form);
(v) Any distress or execution should be levied on Your property or assets;
(vi) Our Equipment is lost, stolen, seized or confiscated;
(vii) We reasonably consider Our Equipment or Our interest in Our Equipment to be in jeopardy; or
(viii) For any reason on giving You at least one month’s written notice ending on a normal payment date on or after the end of the Minimum Hire Period shown on the Form, and then in each and every case listed on (i) to (viii) You shall no longer be in or entitled to possession of Our Equipment with Our consent.
(d) We will not be under any liability apart from those obligations imposed by statute which cannot be excluded, to You in respect of any injury, loss or damage of whatever kind and however caused whether direct, indirect or consequential arising out of the provision, use, installation, removal, replacement or repair of the Equipment. You are advised therefore to take out in respect of all such matters.
(e) We shall not be responsible for any breach or copyright resulting from the use of Equipment rented under this Agreement.
(f) We shall retain ownership of the Equipment throughout the term of this Agreement.
(g) We may assign this Agreement to another person or allow another person to take over Our part of this Agreement. In any such case We shall endeavour to ensure that Your rights under any contract are protected.
(h) If it is necessary for Us to write to you as a result of a breach by You of any of Your obligations under this Agreement We reserve the right, at Our discretion, to add reasonable administration charges to Your account in accordance with our then current charge rate.
(i) As part of our efforts to further improve our service to customers, telephone calls with customers may be recorded from time to time to assist with training. When this happens no prior warning is given. The recordings, which are retailed only for a short period of time, are kept confidential and are only used for the purpose described.
5. YOUR RESPONSIBILITIES / RIGHTS / LIABILITIES
(a) From the date of delivery of the Equipment to You the Equipment shall be at Your risk and You shall insure the same with an insurance company approved by us in respect of accidental damage, theft, storm and lightening damage.
(b) You shall not use the Equipment for any unauthorised commercial purpose or any unauthorised use connected with a business or profession.
(c) You acknowledge that We remain the owners of the Equipment. You agree not to use the Equipment as security for a loan or other form of credit or to sell, hire or dispose of it.
(d) You must protect the Equipment if anyone (for example a Bailiff) threatens or takes any step to take the Equipment to satisfy a debt. You will be held responsible for any financial loss suffered by Us as a result of the Equipment being taken to satisfy a debt.
You must inform Us immediately if anyone threatens to take such action so that We can terminate the Agreement under Clause 4(c) above and take steps to repossess the Equipment.
(e) You shall not interfere or permit interference with the Equipment.
(f) You must ensure that the Equipment is cared for and used in accordance with the manufacturer(s) operating manual(s) and/or any other instructions of care and use (which you must keep) and You must obtain any license required for the operation of the Equipment.
(g) You shall be responsible for all liability and claims arising out of the possession or use of the Equipment except liability for personal injury or damage caused by Our negligence or Our breach of contract.
(h) You must allow the Authorised Repairers and Our agents and representatives access to the Equipment at all reasonable times for the purpose of repair, adjustment, inspection or removal.
(i) You have the right to terminate this Agreement at any time after the Minimum Hire Period specified in the Key Financial Information on the form by giving at least one month’s written notice to expire on a Payment date by which time all Payments due are to be paid and the Equipment returned; and in both instances where more than one item of Equipment has been hired pursuant to the Agreement. You may terminate the Agreement insofar as it relates to any one or more items of Equipment.
(j) When this Agreement comes to an end You shall no longer be in or entitled to possession of the Equipment with Our consent and the Equipment must be delivered up in good condition (fair wear and tear excepted). We will seek Your permission to enter Your premises to collect the Equipment. If You do not give Your permission You must pay the Payments until We obtain any necessary Order from the Court and enter Your premises to collect the Equipment.
(k) You shall not remove the Equipment from the address stated on the Form unless You have Our prior written consent. If We reasonably consider it appropriate, You must employ an Authorised Repairer to move any of the Equipment.
(l) You may not assign any of Your rights under this Agreement without Our prior written consent.
(m) An administration fee is payable for the opening of a new account if the amount of the fee is included in the box on the Form.
The Payments include any applicable taxes such as Value Added Tax and Insurance Premium Tax. We reserve the right to adjust the Payments following any change in the rates of any applicable taxes, or the imposition of any new taxes to reflect such change in taxation.
7. CHANGES OF EQUIPMENT
This Agreement will come to an end and You will be invited to sign a new Agreement if:-
(a) You wish to give back some but not all of the Equipment You are hiring;
(b) You wish to hire additional Equipment and this results in a change in the amount You pay for the existing Equipment or the additional Equipment is hired at a discounted rate because You already have existing Equipment; or
(c) If any of the Equipment is replaced (apart from replacement with similar Equipment as set out in Condition 4(b).
8. SLOTMETERS (WHERE APPLICABLE)
Where slotmeters are installed Payments are made by inserting coins in the slotmeter. All moneys put into the meter shall become Our property although risk for the money remains with You until We collect it. You are entitled to repayment of any excess over the rental due. Any shortfall in payments shall immediately be paid to Us as an adjustment Payment. We shall not be responsible for any loss of money from the slotmeter.
9. KITCHEN APPLIANCES
Existing services must be safe, functioning correctly, and be within reasonable distance of appliances. Electric mains cable will not be cut to allow passage through worktops or kitchen units. Sufficient ventilation must be allowed for all appliances. Any existing appliances that are being replaced must be completely removed.
Our representative or agent will connect appliances to existing services as follows:
(i) Washing Machines and Dishwashers – Hot and Cold water supply as required, waste pipe and electric socket.
(ii) Tumble Dryers, Refrigeration and other kitchen appliances may require plugging into an electrical socket only.
(iii) Electric cookers will only be connected to a suitable existing supply.
10. RELAXING THE TERMS OF THE AGREEMENT
If We temporarily relax or waive any of Our Rights under the terms of the Agreement, we may at any time decide to enforce the terms strictly again.
The headings shall not form part of the Agreement.
12. NO LIABILITY WHEN AGREEMENT TERMNATES
When this Agreement terminates Out liability other than as set out in Clause 5(d) above, arising out of Your continued possession and/or use of the Equipment is ended.
13. EARLY TERMINATION
Where the rental of any Equipment is terminated by You for any reason (save where it is established that We are in breach of Our obligations under the Agreement), or by Us because You are in breach of any of the conditions of this Agreement, during the Minimum Hire Period specified in the Key Financial Information on the Form You shall pay Us an amount equal to the additional Payments, over and above the amount You have already paid, that You would have paid if the Agreement had run for its Minimum Hire Period.
Any notices served on You by Us shall be valid if sent to Your address as stated on the Form or as notified to Us from time to time by You and any notice served by You on Us shall be valid if sent to Our address as stated on the Form or as notified to You from time to time by Us.
15. EQUIPMENT FOR RECEIVING SATELLITE OR CABLE TRANSMISSION
There may be periods when for reasons outside the control of the Dealer no signal is being transmitted by the satellite(s) or cable systems to which the Equipment is normally tuned. In such circumstances, whilst the Hirer has the right to terminate the hiring in accordance with its terms he has no right to cancel it early or claim a refund of any payments.
The Agreement shall be governed by English Law.
This form of Agreement is the copyright of the Radio, Electrical and Television Retailers’ Association (RETRA) Ltd. And may only be used by the member to it is supplied. Infringement of this copyright will be restrained.
(A) MORE THAN ONE HIRER
If two or more people are named as the Customer in this Agreement the liabilities of each shall be joint and several so that each person can be held fully liable for all the obligations set out in the Agreement.
(B) CREDIT REFERENCE
(i) When processing your application we will check against our own records for previous sales or agreements you may have had with us. We will also check with Credit Reference and Fraud Prevention agencies (they will keep a record of the search which may be seen by others using the service). They will supply us with information obtained from the Electoral Register, Registry Trust (CCJ’s etc.), Insolvency Service (Bankruptcy etc.), Information provided on previous applications (including current conduct), and Fraud information. We will make further checks to verify your identity and may make further checks in order to manage your account.
(ii) The above checks will be made against all named parties on the agreement. If you make a Joint application or provide a Guarantor please ensure you have their permission to give consent on their behalf to carry out such checks. Credit Reference agencies will link the named parties to you, such links will remain in place until such time as you or they request the links to be removed by the Credit Reference agencies.
(iii) Credit Reference agencies will record the information provided on your application whether you pass or fail. If you pass then further details will be provided to them in relation to how you manage your account, should you fall into arrears they will also keep a record of any outstanding debt. This information may be supplied to other organisations to perform similar checks and / or to trace your whereabouts for recovery of any debts you may owe us or other organisations. These records will remain on file for 6 years after they have been closed even if they have been settled.
(iv) If you give false information we may record this and may also pass it on to Fraud Prevention agencies in order to prevent crime and identity theft.
(v) We (and other organisations) may access information recorded by Fraud Prevention agencies in other countries.
(vi) Your data may also be used for other purposes for which you give permission or by law where permitted by the Data Protection Act 1998.
(vii) Further information on how your data may be used can be found at the websites of the following Credit Referencing agencies: Equifax: www.Equifax.co.uk Experian: www.Experian.co.uk CallCredit: www.Callcredit.co.uk
(C) REFER A CUSTOMER
We are pleased to receive recommendations. Existing customers will qualify for any recommendation privilege offers that are running at the time of us receiving the recommendation, providing that the proposed referral customer is supplied to us using our refer a customer link shown on the home page of our website. It is important to make sure you put your details in the space provided on the AZRental website form. Provided that we receive 2 months payment history from the referred customer we will forward any reward as detailed on the advertised offer. AZrental are unable to forward any remuneration on referral applications that we deem unfit.
NOTICE TO CUSTOMER
1 New customers will be subject to a once only minimum £20.00 admin fee on 18 month contracts (higher on shorter term contracts, cookers and commercial contracts). Admin fees do not apply to existing customers wishing to add further equipment (except cookers, commercial appliances and short term rentals, where the admin fee applies to each new account).
2 Administration fee and first months rental is payable on or before delivery and installation. In the event of cancellation after the account has been set up and initial payment made but before the installation date we will refund the first months’ rental but not the administration fee. In the event of cancellation on or after the installation date no refund will be made.
3 Contracts, Direct Debit and any other relevant paperwork is to be signed by the account holder on delivery. If the account holder cannot be present for the initial install please discuss alternative arrangements for the signing of relevant paperwork prior to the delivery date.
4 Television equipment is not warranted as being capable of receiving any transmissions other than those transmissions which it is capable of receiving at the time of installation. SMART services may vary over time and we cannot guarantee available content.
5 Copying, recording and storing of audio or video on recorders may require the permission of the owner of the original material.