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TERMS AND
CONDITIONS
1.
In
this Agreement:
“You” are the Customer named on the front hereof
“We” are BabyWillTravel
2.
We
agree to hire the equipment to you subject to availability as specified on the
front hereof at the prices stated. Payment of the full hire cost together with
a refundable deposit must be made on delivery in cash or by cheque with the
appropriate payment guarantee card. The refundable deposit shall be such amount
as stated on the front hereof and you shall be advised of the amount prior to the
date of delivery and such refundable deposit shall be subject at all times to
clauses 10 and 11 below.
3.
In
the event of you stipulating that you require home delivery of the equipment
ordered by you, at the additional cost of £4.00, we will deliver the equipment
to you at a time convenient to both parties on the first date of hire.
Alternatively, if you wish to collect the equipment, you may do so at a time
convenient to both parties on the first date of hire.
4.
You
agree to return the equipment to us at a time convenient to both parties on the
last date of hire.
5. Instructions will be supplied with all equipment and
these should be read carefully before you use the equipment and strictly
adhered to when using the equipment.
6. You have full responsibility for
the equipment effective from delivery.
7. You are required at
all times where appropriate to provide supervision of the use of the equipment
by responsible adults so as to ensure that the equipment is used safely and so
that it is not damaged or misused.
8. You have full responsibility for the care and
safekeeping and return in good order of the equipment.
9. Where equipment is lost or
stolen or damaged beyond economic repair, you will pay to us the replacement
cost of such equipment forthwith and in the event of you failing to do so will
pay for all financial loss to us until you have paid to us the replacement cost
of such equipment. This is without
prejudice to our other rights.
10. In the event of the late return of any equipment, we shall be entitled to retain the deposit paid by you on delivery and furthermore reserve the right to charge such additional amount as we shall in our absolute discretion decide is appropriate until such time as you return the equipment to us and you shall pay such amount due to us forthwith.
11. Provided the goods are returned to us on the last date of
hire in the same condition and order as you received them then we shall return
to you the full amount of the deposit which was paid on delivery. If you return
the equipment to us damaged or unclean or in any other condition to that in
which it was upon delivery we shall be entitled to retain the deposit. If the
amount retained by us does not cover all the costs incurred by us in rectifying
such equipment, then you shall pay to us such other outstanding amounts as
shall be notified to you and which shall be paid forthwith by you.
Additionally, you will pay for our financial loss until such rectification is
complete.
12. Although we will use all
reasonable endeavours to discharge our obligations under these terms and
conditions in a prompt and efficient manner, we do not accept responsibility
for any failure or delay caused by circumstances beyond our control.
13. We will be entitled
at any time if you are in breach of this contract, to terminate this contract
with immediate effect and to repossess any or all of the equipment. Such termination will not affect our right
to recover from you any money due to us under this contract or damages for
breach of contract.
14. You
agree that we are supplying equipment only on hire and that subject to the
provisions of the Unfair Contract Terms Act 1977 (as amended) we are not
responsible for any injury, loss or claim arising out of your use of the
equipment.
15. Any failure by us to enforce any
or all of these Conditions shall not amount to, or be interpreted as, a waiver
of any of our rights.
16. These terms and conditions are
the entire agreement concerning the hiring of the equipment referred to on the
front hereof and no variations hereto will be accepted without an agreement in
writing.
17. Your acceptance of
these terms and conditions confirms that you have checked the equipment upon
delivery, that it is clean, undamaged, in good working order and in a safe
condition and is fit for the purpose for which you intend using it.