Terms & Conditions
1. Agreement for Rental
1.1 Terms used in these Conditions which are defined in the Confirmation of Order shall be construed accordingly.
1.2 The terms set out in these Conditions, the Quote and any Confirmation of Order (together the "Agreement") shall apply to the rental of the Equipment by Loanmeaphone.com to the Customer to the exclusion of any other terms and conditions.
1.3 Reference to any statute includes any modification consolidation or re-enactment.
1.4 Any reference in the Confirmation of Order or these Conditions to “month” means a period of 28 days or 4 weeks.
2. Initiation of Rental
2.1 Equipment will be delivered at Loanmeaphone.com's risk to the Customer at the address shown on the Confirmation of Order email. The Commencement Date shall be as set out on the Confirmation of Order email.
2.2 The Rental Period is the period from the Commencement Date until the date on which the Customer returns the Equipment in accordance with Condition 9.1 and the Rental Period will be at least the Minimum Period set out on the Rental Quote (if applicable).
2.3 Risk of damage to or loss of the Equipment, howsoever caused, will pass to the Customer upon delivery.
2.4 Loanmeaphone.com will use all reasonable endeavours to deliver the Equipment on the Commencement Date but will have no liability to the Customer for any delay caused by circumstances beyond Loanmeaphone.com's reasonable control.
2.5 The Customer will accept the Equipment on the Commencement Date and if for any reason the Customer fails to accept the Equipment on that date the Customer shall nevertheless be liable for Loanmeaphone.com’s costs associated with the loss of rental, delivery and return costs unless the Customer's failure is due to the negligent act or omission of Loanmeaphone.com.
3.1 The Rental Charges and any other sums due to Loanmeaphone.com (the "Charges") are payable immediately upon placement of the order unless expressly agreed with Loanmeaphone.com.
3.2 The Customer will pay the Charges from the time rental commences until the Equipment is returned in accordance with these Conditions
3.3 In the case of overdue amounts, Loanmeaphone.com shall be entitled to charge interest on any overdue amounts at the rate set out from time to time in the Late Payments of Commercial Debts (Interest) Act 1998, interest to accrue on a daily basis.
3.4 Queries on charges must be raised 30 days of the date of the invoice, otherwise it will be deemed correct.
4.1 When payment is to be made by credit card the Customer will pay the Deposit to Loanmeaphone.com and no Equipment will be dispatched until the Deposit is received.
4.2 Where possible, Loanmeaphone.com will carry out a pre-authorisation with the bank against a credit or debit card as security for the Equipment.
4.3 In the case where a pre-authorisation is not available, Loanmeaphone.com will hold a Deposit as security for the equipment.
4.4 Loanmeaphone.com will release the pre-authorisation or the Deposit to the Customer provided all the Equipment is returned to Loanmeaphone.com in the same state as when delivered, fair wear and tear excepted.
4.5 If the Equipment is not returned in accordance with these Conditions or any outstanding Charges remain unpaid then Loanmeaphone.com may retain some or all of the Deposit (without prejudice to any other right or remedy it may have against the Customer).
5. Use of Equipment
5.1 On delivery Loanmeaphone.com will provide an instruction leaflet or a link to the loanmeaphone.com website on the use of the Equipment to the Customer. The Customer will only use the Equipment in a careful and proper manner in accordance with the instructions provided.
5.2 The Customer is not authorised to act as Loanmeaphone.com's agent and the Customer will, at all times, remain liable for any use of the Equipment by any third parties.
6.1 If the Equipment is not in working order when delivered or subsequently breaks down the Customer will notify Loanmeaphone.com immediately.
6.2 Loanmeaphone.com will repair or replace the Equipment as soon as possible after the Customer notifies Loanmeaphone.com and will credit the Customer with the full cost of rental for the period in which the Customer is unable to use the Equipment as the result of the fault (provided the breakdown is not due to misuse by the Customer).
6.3 If Loanmeaphone.com finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.
6.4 The Customer must notify Loanmeaphone.com immediately if the Equipment is damaged, lost or stolen.
7.1 Loanmeaphone.com warrants that the Equipment will be in working order when it is delivered to the Customer but Loanmeaphone.com has no control over the operation of the telephone network to which it is connected or the security of information transmitted on the Equipment and accordingly cannot be responsible for any failures of the telephone network or security breaches.
7.2 For all rentals;
the Customer must check coverage with their Service Provider; and Loanmeaphone.com will not refund monies paid by the Customer due to lack of coverage.
7.3 Loanmeaphone.com's entire liability to the Customer, whether in contract, tort or otherwise, shall be limited to the total of the Rental Charges actually paid to Loanmeaphone.com at the date the claim arose.
7.4 Nothing in this Condition shall apply so as to limit or exclude Loanmeaphone.com's liability for: death or personal injury resulting from Loanmeaphone.com's negligence; breach of the terms as to title, freedom from encumbrance or quiet possession implied by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982; any claim arising under the Consumer Protection Act 1987; fraudulent misrepresentation; or where the customer is a “Consumer” within the terms of the Unfair Contract Terms Act 1977, breach of any terms implied by the Supply of Goods and Services Act 1982
7.5 Loanmeaphone.com shall not be liable to the Customer for any breach of its obligations under this Agreement, in tort or otherwise if such breach is caused by circumstances beyond its reasonable control.
8.1 The Equipment shall at all times remain the property of Loanmeaphone.com and the Customer shall have no rights to the Equipment except to use it in accordance with this Agreement.
9.1 Unless otherwise agreed with Loanmeaphone.com the Customer shall return the Equipment to Loanmeaphone.com at the Return Address to be arranged at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer.
9.2 If the Customer commits a material breach of these Conditions, such as, but not limited to, using the Equipment in an improper manner and in contravention of the instructions, then Loanmeaphone.com may require the return of the Equipment without being obliged to repay any portion of the Rental Charges.
9.3 Under no circumstances shall the Customer retain the Equipment under this Agreement for longer than the Rental Period without agreeing an extension of that period with Loanmeaphone.com.
9.4 Customer shall pay Loanmeaphone.com’s replacement price for any Equipment which is damaged or not returned at the end of the Rental Period which will be no more than the amount of the deposit or pre-authorisation.
10. Law and Jurisdiction
10.1 This Agreement shall be governed by the Laws of England and Wales.
10.2 The courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement.
11.1 No waiver by Loanmeaphone.com of any breach of this Agreement between Loanmeaphone.com and the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.
11.2 Loanmeaphone.com may disclose details of this Agreement to any person and for any purpose connected with its business. Loanmeaphone.com may also disclose the contents of this Agreement to any credit reference agency.
11.3 The Customer acknowledges that in performance of this Agreement Loanmeaphone.com may have to transfer data outside the EU and the Customer hereby consents to such transfer.
11.4 A person who is not a party to this Agreement is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where this Agreement expressly provides that such a person is entitled to enforce any of its terms under that Act.
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