EQUIPMENT HIRE AGREEMENT/TERMS OF HIRE This Agreement sets out the terms of hire for the mobility aids equipment described in the Confirmation of Hire form from Lendo Labs Ltd (referred to in this Agreement as LendoCare), a Limited Company registered in England and Wales, 11910916. References to "You" or "Your" refers to the recipient of the Equipment and any person placing an order on their behalf (where relevant).
Please read these Equipment Terms of Hire carefully before agreeing to hire the Equipment. An order can be placed online. Where an order is confirmed, You confirm that You have read and agree to these Equipment Terms of Hire.
The Equipment remains the property of LendoCare and it is supplied on a short-term basis ("Hire Period").
You are responsible for the Equipment for the duration of the Hire Period and the risk of loss, theft, damage or destruction of the Equipment passes to You as soon as You take delivery of the Equipment.
Should a defect in the Equipment be identified, You must notify the LendoCare Office immediately by calling 0203 005 2385, so that LendoCare may take appropriate action to repair or replace the Equipment.
You will keep the Equipment in a suitable and secure environment whilst in Your possession and You will maintain the equipment in the same good operating condition as it was at the time it was delivered to You.
You must check that the Equipment is in good and safe working condition each time before use by either You or the user.
Equipment provided must be used in accordance with the instructions, demonstrations and guidance given by LendoCare at the time of delivery/collection.
LendoCare may need to contact You during the Hire Period (for example, in the event that a product recall notice is issued). You must respond promptly and without delay to any request from LendoCare to return the Equipment.
You must notify LendoCare immediately of any change to Your contact details.
This Agreement is personal to You and You are not permitted to assign or transfer any of your rights and obligations under this Agreement to any third party without LendoCare's prior written consent.
You confirm that the user of the Equipment is under the maximum height and weight limit for the Equipment provided, as requested at point of delivery/collection.
LendoCare may terminate this Agreement immediately if You are in material breach of its terms and, having received a notice from LendoCare, have failed to remedy that breach within 14 calendar days.
Delivery will be deemed to be complete once You have taken possession of the Equipment at the delivery address and agreed to the terms of this Agreement and paid the Hire Charge.
Delivery will be deemed to be completed where the third party delivery has taken possession of the Equipment.
The Equipment must be returned to LendoCare in good condition by or before the end of the agreed Hire Period.
LendoCare reserve the right to charge You for any unauthorised alterations to the Equipment, any missing parts or repairs required to the Equipment that is deemed to have been caused by carelessness or outside the expected ‘wear and tear’ through normal use.
Hire Charges include Value Added Tax (VAT) unless the person using the Equipment is eligible for disability zero rated VAT (as defined by HMRC) and this has been declared at the point of hiring the Equipment.
Hire Charges are set at weekly rates and the minimum Hire Charge is set at the weekly rate.
If the Equipment is not returned or made available for an agreed collection at the end of the agreed Hire Period, LendoCare reserves the right to charge You for an additional week’s Hire Charge.
Where Equipment has not been returned at the end of the agreed Hire Period, You are liable for the full replacement cost of the Equipment.
Any agreed reduction in the length of the Hire Period of 7 calendar days or more will be entitled to a refund. Refunds will only be made for full weeks of any outstanding hire remaining, and only on return of the Equipment.
Refunds will be made to the payment method used at the start or the extension of the Hire Period. Where a payment card was used, then payment will only be returned to that card.
Hire Charges are either: (a) payable in full for the entire Hire Period at the time of booking, and in full for any agreed extensions of the Hire Period; or (b) where available, payable via LendoCare's weekly recurring payment option. Where payment is made via LendoCare's weekly recurring payment option, You shall pay for 1 week's Hire Charge up front and a weekly Hire Charge will then be deducted from Your payment card for each week of additional hire.
You are not entitled to withhold any payment or make any deductions from the agreed Hire Charge unless agreed in advance and in writing by LendoCare.
Unless agreed otherwise, if you do not receive the mobility aids equipment ordered by you within 30 days of the Delivery Date and decide to cancel the order rather than rearrange Delivery, we will provide you with a full refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control. Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to:
(a) loss of profit;
(b) loss of revenue;
(c) loss of sales or business;
(d) loss of agreements or contracts;
(e) loss of opportunity;
(f) loss of anticipated savings;
(g) loss of or damage to goodwill; or
(h) indirect or consequential loss or damage
in each case, however caused, even if foreseeable. We make no representation and accept no liability in respect of the export or import of the mobility aids equipment. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
LendoCare will use Your personal data to perform its obligations under this Agreement and to contact You to discuss this Agreement and/or the Equipment. In addition, we will use Your data in anonymised form to help us better understand our customer needs and develop improvements to our service. We will not use Your personal data for any direct marketing purposes unless we have Your consent.
Where You are placing an order on behalf of another individual due to the recipient of the Equipment not having the capacity or ability to place the order on their own behalf, You shall ensure that the recipient of the Equipment complies with the terms of this Agreement.
These terms are governed by English law and you can bring legal proceedings in respect of the Equipment in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Equipment in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Equipment in either the Northern Irish or the English courts.