Bucks Hire - T&Cs

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Overview

1.0 For the purposes of this agreement, the “Organisation” shall refer to BSU Trading Limited and the trading name BucksHire of Queen Alexandra Road, High Wycombe, Buckinghamshire HP11 2JZ, United Kingdom – a registered company in England and Wales (registration number 08505399, VAT number GB 240 5629 22, AWRS number XNAW00000106351).

2.0 All references to the “Customer” in this agreement refer to any company, organisation or individual who shall enter into any purchase or hire agreement with the Organisation.

3.0 The Organisation reserves the right to change these conditions, any agreements will be subject to the terms and conditions at the date and time of order. Copies of the appropriate terms and conditions are available bucksstudentsunion.org/buckshireterms.

4.0 These terms and conditions are subject to English law and the jurisdiction of English Courts.

Payment

5.0 The Organisation accepts payment by credit card, debit card, BACS or cash on collection/delivery.

            5.1 If the Customer is invoiced, payment must be received by the Organisation within 30 days from the date of the invoice or by the date of collection of hired equipment, or before the start date of training courses or events, whichever is earlier.

            5.2 Deposits may be taken at the discretion of the Organisation in advance of the hire of equipment and the provision or reservation of goods or services.

            5.3 Prices quoted exclude VAT with the exception of advertising and marketing media where prices are inclusive of VAT.

6.0 Late payments will be subject to fixed charges and interest.

           6.1 Interest will be applied to any account not paid after 30 days from the date of invoice (or other relevant notification of charges due). The interest rate will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. For consumer debts, interest will be charged at 8% per annum.

           6.2 Fixed late payment charges will be applied to all commercial debt exceeding the payment terms in accordance with the Late Payment of Commercial Debt Regulations 2002. For consumer debts, a fixed fee of £40 per invoice will be charged for late payment.

7.0 The Organisation does not hold any Customer’s card details on file or store Customer financial information.

Sale of goods

8.0 Payment for goods purchased by the Customer must be received at point of sale. The Organisation does not provide credit terms for the purchase of goods.

9.0 The Customer may exchange goods received that are faulty or damaged.

            9.1 The Customer will need to return the goods to the Organisation in the condition that they were received to agree an  exchange with a representative of the Organisation.

            9.2 Where the Organisation deems the damage is a result of misuse, accidental or deliberate damage by the Consumer the Organisation reserves the right to withhold any exchange.

Provision of services

10.0 Payment for services will be required on completion of the provisions agreed, or within 30 days of the date of invoice, whichever is earlier.

11.0 The Customer will need to raise any concerns regarding the services provided immediately.  Failure to do so will result in the Organisations limited ability to address any concerns and may result in the services agreed to being charged at full cost to the Customer.

       11.1 Any concerns should be raised with the representative of the Organisation who agreed the provision of services with the Customer.

12.0 The Customer has the right to cancel services ordered.

       12.1 Notice of cancellation must be received in writing prior to the commencement of services by the Organisation.

       12.2 Cancellation of services, after the date of commencement, will result in the Customer being liable for the cost of services delivered, as determined by the Organisation.

Hire of equipment

13.0 Equipment refers to anything that is hired from the Organisation to the Customer.

14.0 All equipment hired remains the property of the Organisation.

15.0 Hire charges are based on the period of the agreement irrespective of whether the equipment is in use.

      15.1 Hire commences upon the date stated on the agreement and ceases upon return to the Organisation.

      15.2 Hire charges are non-refundable.

16.0 Full payment for the agreement period must be settled in advance by the Customer for the hire of the equipment prior to leaving the Organisation’s premises.

17.0 Before issuing any equipment, the Organisation may require a deposit from the Customer.

           17.1 Deposits may be any sum up to the full replacement cost of the equipment hired.

           17.2 Deposits are taken at the discretion of the Organisation to cover potential loss or damage, detailed in 19.0 and 21.0.

           17.3 Deposits will be refunded on satisfactory return of hire equipment as per the terms detailed in 18.0, 23.0 and 26.0.

18.0 It is expected the equipment is returned by the date specified in the agreement, unless otherwise agreed with the Organisation.

           18.1 Equipment is not regarded as returned to the Organisation until it is checked and inspected by an authorised member of the Organisation’s staff, the hire agreement signed off and receipt issued on behalf of the Organisation.

          18.2 Late return of equipment will be charged to the Customer at £80 a day.

          18.3 Late return charges may be deducted from any deposit and if required invoiced where funds are insufficient.

          18.4 Invoices for late payment are subject to the terms detailed in 5.0-7.0.

19.0 Equipment hired will be entirely at the Customers risk during the hire period. The Customer will be responsible for any loss, damage, theft or unreturned equipment.

           19.1 The Customer undertakes responsibility for insuring equipment against ‘all risks’ to full replacement value.

           19.2 Any loss or damage to the equipment is to be reimbursed to the Organisation by the Client to the full replacement value.

           19.3 Any damage, defect to or loss of equipment, must be notified to the Organisation within 24 hours of its occurrence, and confirmed in writing (email is acceptable). In the absence of such notification the Customer will automatically be required to reimburse the Organisation to the full replacement value.

20.0 The Customer will be responsible for ensuring that any relevant regulations or statutory provisions governing, or relating to, the use of the hired equipment are complied with during the period of the hire and the Organisation in no way assumes liability for the consequences of any non-compliance with such regulations, rules or statutory provisions.

21.0 The Customer undertakes to ensure the equipment shall not be used for any purposes beyond its capacity or any manner likely to result in undue deterioration of the equipment.

22.0 Equipment will be supplied to the Customer in normal and full working order.

            22.1 The Organisation’s liability for any defect, or failure of the equipment hired, is limited to the rectification of any defect or failure arising from normal usage.

23.0 The Customer will return all equipment in a clean, undamaged and full working order.

       23.1 Any cleaning, loss or damage will be charged back to the Customer.

       23.2 Charges to clean, repair or replace equipment may be deducted from any deposit and if required invoiced where funds are insufficient.

       23.3 Invoices for repairs and replacements are subject to the terms detailed in 5.0-7.0.

24.0 The Organisation cannot be responsible for any injuries to personnel or damage to the property consequential to and arising from any improper use of the equipment by the Customer or by any other person, whether or not authorised by the Customer, during the period of hire.

25.0 Where the Customer has erected equipment or modified a structure supplied by the Organisation, the Organisation will not be responsible for injuries to personnel or damage to property consequential to, or arising from, this structure.

26.0 Equipment must not be altered by the Customer or modified in any way. Cables and electronics must not be cut and plugs and sockets must not be rewired by the Customer.

      26.1 Any equipment found to have been modified or altered and any cables or components found to be have been damaged by cutting, or attempts at modification, will be charged at full replacement price upon return.

27.0 The Customer will be responsible for advising the Organisation of the location the equipment will be used and of any changes in such location.

28.0 In the event of equipment ordered by the Customer not being available, through circumstances beyond the control of the Organisation, the Organisation reserves the right to substitute equipment of similar quality for all or part of the hire.

29.0 No information or data contained in the Organisation’s catalogues or price lists shall deem to constitute any part of a contract of hire, such information is for the purpose of general description only.

Training

30.0 Customers are required to register to attend training courses and in doing so agree to these terms and conditions.

          30.1 Customers are responsible for advising the Organisation of any changes to their personal and contact details. Failure to do so may result in essential information not being received, for which the Organisation will not be responsible.

          30.2 Customers who wish to change the attendee of the training course may do so in writing (email accepted) no later than two business days prior to the course start date.

31.0 The Organisation will keep Customer information on file for the purpose of administering course registration, attendance and completion, notification of changes and notification of future courses.

          31.1 The Organisation is responsible for ensuring the Customer is aware of dates, times and locations of training sessions.

          31.2 The Organisation is responsible for advising the Customer of any changes in dates, times or locations of training sessions that occur after the date of registration.

32.0 Training courses are charged based on the course length and the level of qualification, irrespective of whether training provided changes in length.

           32.1 The Organisation will do all they can to ensure course lengths are in line with the guided learning hours stated.

           32.2 The Organisation will not be responsible for changes to the course length that may occur based on course content, participants, changes to the training centre or any other reason deemed out of the Organisation’s control.

           32.3 Any refunds requested by the Customer for changes in the course length will be investigated by the Organisation on a case by case basis.

33.0 All training materials remain the property of the Organisation.

34.0 Full payment for the course is required in advance of the training start date. Payment is subject to the terms detailed in 5.0-7.0.

            34.1 If the Customer has not paid in full for the course by the start date, the Customer cannot attend the course, and will remain liable for all charges.

            34.2 If a Customer is unable to attend a course, cancellation must be received in writing (email accepted) no later than seven days prior to the course start date, to be eligible for a refund of payments received from the Customer.

            34.3 Notice of cancellation within the seven days prior to the course start date will be subject to a 50% charge of the total course fees, unless there are extenuating circumstances that would need to be agreed by the Organisation.

            34.4 Failure to attend any training course, without notification or extenuating circumstances being agreed by the Organisation, will mean the Customer is liable for the full cost of the course.

35.0 The Organisation is not liable for any loss or damage to the personal property of the Customer during the period of the course.

36.0 The Organisation is not liable for any injuries the Customer may have deemed as existing or on-going prior to attending any course.

37.0 Customers are expected to adhere to the health and safety, fire safety, equal opportunities and safeguarding policies of the Organisation and of the site where training takes place. The Organisation will not be liable for any actions of the Customer that contravenes these policies.