0845 205 2050
1.1. In these terms and conditions the following expressions shall be given the following meanings (unless the context otherwise requires):-:
1.2. A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3. The headings in these Terms are for convenience only and shall not affect their interpretation
2. Basis of the Rental
2.1. IT Rentals shall let and the Hirer shall lease the Equipment in accordance with the Order Confirmation, subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made, by the Hirer. No terms or conditions endorsed upon, annexed to or enclosed with any enquiry, purchase order or other document of or submitted by the Hirer shall govern the Contract.
2.2. IT Rentals employees or agents are not authorised to make any representations concerning the Equipment unless confirmed by IT Rentals in Writing. In entering into the Contract the Hirer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.3. Any advice or recommendation given by IT Rentals or its employees or agents to the Hirer or its employees or agents as to the storage, application or use of the Equipment which is not confirmed in Writing by IT Rentals is followed or acted upon entirely at the Hirer’s own risk, and accordingly IT Rentals shall not be liable for any such advice or recommendation which is not so confirmed.
3. Order Acceptance
3.1. The Quotation submitted by IT Rentals shall not bind IT Rentals and such Quotation shall serve only as invitations for the Hirer to place an order.
3.2. No order submitted by the Hirer shall be deemed to be accepted by IT Rentals unless and until confirmed in Writing by IT Rentals through the Order Confirmation.
3.3. The Hirer agrees that it is the Hirer’s responsibility to ensure that the Equipment as ordered is, if necessary, compatible with existing installations, and is suitable for all the Hirer’s requirements.
4. Rental Period and Quiet Enjoyment
4.1. The Contract shall be for the Hire Term. Any extension to the Hire Term will require IT Rentals to issue a further Order Confirmation to the Hirer provided that IT Rentals reserve the right (at its sole discretion) not to accept an extension to the Contract.
4.2. So long as the Hirer is neither in default in the payment of any sum of money payable under the Contract nor is in breach of any of the covenants on its part to perform in these Terms, the Hirer may peaceably hold and enjoy quiet possession of the Equipment for the Hire Term.
5. Hirer’s Covenants
The Hirer (and if the Hirer comprises more than one person, jointly and severally) agrees:
5.2. Substitution and Inspection
5.3. Maintenance, Use and Care of the Equipment
5.5. Loss and Damage and Total Loss
5.6. Location of and Dealings with or affecting the Equipment
5.8. Return of Equipment
6. Delivery and Collection
6.1. All times or dates quoted for delivery of the Equipment are given in good faith but shall not be of the essence of the Contract. The delivery will take place during Monday to Friday between the hours of 9.00am to 5.30pm unless otherwise agreed in Writing between the Hirer and IT Rentals. Delivery shall be made to the premises stipulated in the Order Confirmation.
6.2. Should the Hirer wish to make its own arrangements to collect the Equipment, insurance of the Equipment during transportation is the responsibility of the Hirer.
6.3. On termination of the Contract for whatever reason, IT Rentals will arrange collection of the Equipment from the location detailed in the Order Confirmation during Monday – Friday, between the hours of 9.00am to 5.30pm on the next working day immediately after the termination date.
6.4. Should IT Rentals, or its transport agents, not be able to delivery/collect the Equipment as arranged, the Hirer may be liable for additional charges.
6.5. All packaging supplied with the Equipment shall be held by the Hirer during the whole of the Hire Term and shall be used to re-pack the Equipment for its safe return to IT Rentals. In the instance where a cardboard box is used it is the hirer’s responsibility to reseal and make available for transportation in a secure state. In the instance where a flight case is used it is the hirer’s responsibility to reseal using the security tag located in the lid of the flight case and make available for transportation in a secure state. If the original packaging is not used for the safe return of the Equipment, IT Rentals will not accept liability for any damage incurred to the Equipment during transportation. IT Rentals undertake to report the damage to the Hirer within 24-hours of its arrival back to at Rentals premises.
7. Equipment Failure
7.1. In the event of any failure of the Equipment the Hirer shall forthwith provide IT Rentals with a written notice specifying the said failure.
7.2. Should the Equipment failure prove to be due to misuse or the fault of the Hirer in any way including but without limitation due to the Hirer’s existing equipment, IT Rentals reserves the right to pass on the costs of repair and the engineering charges to the Hirer which shall be payable by the Hirer to IT Rentals in accordance with these Terms.
7.3. In the event of Equipment failure IT Rentals shall use reasonable endeavours to repair or replace said Equipment with the same or comparable, within a reasonable amount of time but in any event within 3 working days of the fault being reported to IT Rentals, at no charge to the Hirer.
8. Conditions Warranties and Exclusion
8.1. IT Rentals agrees that provided that the Hirer is not in default hereunder it shall upon request assign to the Hirer (so far as the same are capable of being assigned) the benefit of all express warranties granted in favour of IT Rentals by the supplier of the Equipment or the manufacturer of it provided that the Hirer shall first fully indemnify IT Rentals to the satisfaction of IT Rentals against all costs claims damages and expenses incurred or to be incurred in connection with the enforcement thereof or the making of any claim thereunder and provided that upon the expiration of the Hire Term or upon the earlier termination of the hiring hereunder the Hirer agrees to re-assign such warranties to IT Rentals and for that purpose hereby irrevocably appoints IT Rentals as its attorney and in its name to execute in favour of IT Rentals any such assignment in such form as may then be necessary to give effect to this clause.
8.2. The Equipment is selected by the Hirer and acquired and supplied by IT Rentals at the request of the Hirer solely for the purpose of hiring the Equipment to the Hirer and save as above IT Rentals does not let or supply the Equipment with any representation concerning the condition performance suitability or qualities of the Equipment or with or subject to any term condition or warranty express or to be implied by statute description at common law or otherwise and all such representations terms conditions warranties whether relating to the capacity age quality description condition leasing possession transportation or use of the Equipment or to the satisfactory quality or suitability or fitness of the Equipment for a particular or any purpose are excluded.
8.3. Nothing in these Terms will limit IT Rentals liability for death or personal injury resulting from its negligence or that of IT Rentals employees or agents. If the Hirer is a consumer (within the meaning of the Unfair Contract Terms Act 1977), the content of these Terms will not affect the Hirer’s statutory rights. If the Hirer is not a consumer then subject as provided in these Terms, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
8.4. IT Rentals shall not be liable to the Hirer:
8.5. IT Rentals will not be in breach of contract if it cannot perform its obligations hereunder as a result of any Force Majeure Event.
8.6. IN ANY EVENT, THE LIABILITY OF IT RENTALS FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE AMOUNT RECOVERED BY IT RENTALS FROM IT’S INSURERS.
8.7. If the Hirer shall have first discharged in full all its obligations under the Contract including without limitation its liability to pay the sum calculated under clause 5.5.2 above, IT Rentals shall pay to the Hirer the sum (if any) by which the insurance money in respect of a Total Loss subsequently received by IT Rentals exceeds the sums paid by the Hirer to IT Rentals under clause 5.5.1.
9.1. It is hereby agreed that forthwith upon the occurrence of a Total Loss the hiring of the Equipment shall terminate but without prejudice to the Contract (which shall continue in full force and effect) and to any claims or liabilities then outstanding or thereafter arising thereunder.
9.2. Without prejudice to IT Rentals ’s right to arrears of Rental Charges or other sums due as damages for breach of the Contract IT Rentals may terminate the hiring under the Contract on the occurrence of any of the following events:
whereupon IT Rentals consent to the Hirer’s possession of the Equipment shall determine immediately and IT Rentals shall be entitled to take possession of the Equipment wherever it may be and the Hirer grants an irrevocable licence for IT Rentals its agents or representatives to enter the Hirer’s premises to remove the Equipment without notice to the Hirer).
9.3. In the event that the Hirer wishes to terminate the Contract prior to the commencement of the Hire Term, the Hirer shall pay to IT Rentals a cancellation charge which shall be calculated as follows:
and the Hirer agrees that the charges contained at clauses 9.3.1 to 9.3.3 (inclusive) are a genuine pre-estimate of the loss that IT Rentals would suffer in the event of cancellation by the Hirer.
9.4. In the event the Hirer wishes to terminate the Contract during the Hire Term, prior to the last day of the Hire Term, IT Rentals reserves the right to enforce a cancellation charge equal to 100% of the total Rental Charges due under the Contract less discount at the rate of 3 per cent per annum for accelerated payment, calculated from the date of payment until the date such payment would otherwise have been made.
10. Consequences of Termination
10.1. Forthwith upon the hiring of the Equipment being determined under clause 9.2 above or if the Contract is terminated upon a repudiation by the Hirer accepted by IT Rentals the Hirer shall pay to IT Rentals :
10.2. It is the responsibility of the Hirer, upon termination of the Contract, to keep all Equipment safe and free from damage until collection is made by IT Rentals or its authorised representatives.
10.3. Upon return of the Equipment the IT Rentals will inspect the Equipment for any loss or damage. If any loss or damage is discovered, other than fair wear and tear, then IT Rentals shall notify the Hirer of such loss or damage within a reasonable time. The Hirer shall be responsible for compensating IT Rentals for any costs incurred in repairing or replacing the Equipment and any loss of revenue to IT Rentals whilst the Equipment is not available for hire.
10.4. In the event the Hirer disputes the costs or liability pursuant to clause 10.3 and wishes to inspect the Equipment, the Hirer must give notice in writing of his intentions within 48 hours of IT Rentals initial report. The Hirer shall be entitled inspect the Equipment within 7 days of giving notice of his intentions, otherwise the Hirer must accept the valuation costs notified to him by IT Rentals.
11.1. If any of the Rental Charges or any other sums payable under the Contract shall not be paid when due the Hirer shall pay to IT Rentals interest on them calculated on a daily basis and compounded quarterly from the due date until payment at the rate of [5%] a year over the base rate from time to time of HSBC Bank plc
12.1. IT Rentals shall at all times retain the ownership of the Equipment and the Hirer shall have no interest in the Equipment save as is provided by the Contract. Notwithstanding that the Equipment may have been affixed to any land or building IT Rentals shall continue to be the owner of them and they shall as between IT Rentals and the Hirer and their respective successors in title remain the personal property of IT Rentals
12.2. Clause 5.3 above shall not relieve IT Rentals of the direct burden of wear and tear to the Equipment
12.3. The continuance of the Contract or the Hirer’s liability for payment of Rental Charges and all other sums under it shall not be affected in any way by the loss theft Total Loss or any damage to or any defect in the Equipment whether latent or patent save as provided in clause 9.1 above
12.4. All the obligations of the Hirer under the Contract shall be discharged at the Hirer’s cost and expense
12.5. Any delay or failure of IT Rentals to exercise any right or remedy shall not constitute a waiver of it or them and any of IT Rentals ’s rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to IT Rentals to the effect that such rights are cumulative and not exclusive of each other.
12.6. All sums payable under the Contract shall be paid together with the addition of such VAT as is legally payable on those sums.
12.7. Any typographical, clerical or other error or omission in the Website, the Quotation any sales literature, price list, the Order Confirmation, invoice or other document or information issued by IT Rentals shall be subject to correction without any liability on the part of IT Rentals.
12.8. IT Rentals shall be entitled to assign to any third party its rights arising from any Contract. The Hirer may not assign its rights under the Contract except with the prior written consent of IT Rentals.
12.9. No variation or addition to any of the terms of a Contract and/or these Terms shall be binding unless agreed in Writing between the authorised representatives of the Hirer and IT Rentals. Unless otherwise agreed in writing such variations or additions shall only apply to the particular Contract concerned.
12.10. A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
12.11. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
12.12. The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to the Contract.
12.13. The Contract shall be governed by the laws of England, and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.
13. Use of Hirer’s Information
13.1. In considering the Hirer’s application IT Rentals may search the Hirer’s record at credit reference agencies. They will add to the Hirer’s record details of IT Rentals ’s search and the Hirer’s application and this will be seen by other organisations that make searches. IT Rentals shall use information it obtains from the Hirer under the Contract or from any credit reference or fraud prevention agencies:
13.2. IT Rentals may use a credit scoring or other automated decision making system when assessing the Hirer’s application.
13.3. IT Rentals may also add to the Hirer’s record with any credit reference agency details of the Contract and any default or failure to keep to its terms. IT Rentals may check the details with fraud prevention agencies. These records may be shared with other organisations and used by IT Rentals and them to help make decisions about credit and credit related services such as insurance for the Hirer and members of the Hirer’s household trace debtors recover debt prevent money laundering and fraud and to manage the Hirer’s accounts. These include any organisations who introduced IT Rentals or who acts on the Hirer’s or IT Rentals ’s behalf other banks or lessors anyone who has a legal right to such information or anyone to whom IT Rentals may intend transferring its rights and/or duties under any agreement it may have with the Hirer. For these purposes IT Rentals or other organisations may make further searches. Although these searches will be added to the Hirer’s record, they will not be shared with others.
The hirer should write to the Customer Services Manager or phone IT Rentals on 0845 0722888 if the hirer wants to have details of those credit reference and fraud prevention agencies from whom IT Rentals obtains and to whom it passes information about the hirer. The Hirer has a legal right to these details. The Hirer has a right to receive a copy of the information IT Rentals holds about it if the Hirer applies to IT Rentals in writing. A fee will be payable.
14. Solicitation of Employees
14.1. The Hirer will not offer employment to any staff of IT Rentals or induce or solicit any such person to take up employment with the Hirer; nor will they use the services of any such person, either independently or via a third party, for a period of 6 months following the staff member’s employment with IT Rentals. Breach of this condition will render the Hirer liable to pay liquidated damages equal to the full amount earned by the person concerned, including commission & national insurance contributions, during the previous 12 months employment. If the staff members employment with the Hirer proves shorter than said 12 months the amount earned will be annualised.
15. Distance Selling
15.1. This clause sets out those matters required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 which applies where the Contract is entered into through the Website:
16. Use of the Website
16.2. The use of the Website shall be governed by IT Rentals Website Terms and Conditions of Use