Switch Rentals Limited Terms and Conditions

The terms and conditions below are incorporated into the Hire Agreement between us and you.

1. Meaning and interpretation of terms used in this Agreement

   In this Agreement the following terms are used and we are setting out below what they mean:

   1. “Agreement” The [Form] [front page] and these Terms and Conditions under which You have hired Goods from us.
   2. “Goods” “Goods” means the goods described on page 1 of this Agreement and includes any additions, and new and replacement parts. It shall also include replacement Goods.
   3. “Minimum Hire Period” The minimum period of hire as stated overleaf under the Key Financial Information
   4. “Rentals” The weekly amount payable to us for the hire of the Goods
   5. We”, “our” and “us” These are references to the Owner, Switch Rentals Limited.
   6. “You” and “Your” These are references to the Customer (also referred to as “the hirer”) named on page 1 of the Agreement.

2. Term of Hire

   We agree to hire to you, and you agree to take on hire, the Goods for the Minimum Hire Period commencing on the date of this agreement and, until the Agreement is terminated in accordance with clause 9, the hiring will continue thereafter for so long as you pay the weekly rentals.

3. Payment by you

   You agree to pay the advance payment and the delivery charge on the date of this agreement together with the weekly Rentals by the amounts and at the times shown overleaf. It is essential that you make all payments in time and in full.

4. Selling or disposing of the goods

   The Goods remain our property at all times and you must not sell or dispose of them. You must keep the goods safe at your address shown overleaf or such other postal address as you notify to us under clause 13b). You may only part with the goods to have them repaired by us or our appointed repair agents. You may not use the goods as security for your outstanding debts or responsibilities.

5. Caring for the Goods

   1. You must use the goods carefully and properly and must operate the Goods according to instructions given by us or by the supplier or manufacturer. You are not responsible for loss or damage due to fair wear and tear.
   2. If the Goods sustain damage as a result of your misuse or failure to take reasonable care of the Goods then you will be responsible for indemnifying us for our losses, including the costs incurred in carrying out reasonable repairs to the Goods.
   3. The Goods can only be used for your personal use and for the use of your family and those living with you. They cannot be used for business purposes or for any commercial gain
   4. You must allow our representative to inspect and test the Goods at all reasonable times following our giving you reasonable notice of this. We will only inspect or test the Goods where we have a good reason to do so, for example if we have reason to believe that the Goods may be damaged, altered without our consent, removed from your property or have been subject to misuse.

6. Maintenance of the goods

   1. Provided that you comply with your obligations under this agreement, we will throughout the period of hire, and free of charge to you, carry out such repairs and adjustments to the goods and provide such replacement parts as may in our opinion be necessary to maintain the Goods in good order, repair and working condition. Nothing in this clause shall require us to repair any defect in the Goods caused by misuse, neglect or deliberate damage, interference by a third party or due to any breach of clause 6 a).
   2. We may in order to enable you to continue to use and enjoy the goods during the Minimum Period of Hire replace the Goods with other goods of the same or similar type. Such replacements goods will be subject to the terms and conditions of this agreement
   3. We shall be entitled to suspend our obligations under this clause during such times as we are prevented from carrying out our obligations by strikes or other industrial action, shortage of supplies, labour or materials, bad weather, breakdown of power supplies or any other reason whatsoever beyond our reasonable control.
   4. We accept no responsibility for consequential loss or damage howsoever arising from this hiring unless it arises from our negligent act or default.
   5. Unless we have given you permission in writing, you may not make any alterations or additions to the Goods. Any alterations or additions made without our permission will become our property.

7. Default charges and other enforcement rights

   You agree to pay us any charges and costs shown in the “Key Information” section overleaf which may become payable by you, including our reasonable costs and legal expenses of enforcing this agreement.

8. Cancellation

   1. You have the right to cancel this agreement provided that you do so within fourteen (14) days after the day on which you receive the Goods. You should notify us of your wish to cancel by writing to us
      at the address on the first page of this agreement or by emailing us at [email protected]. Upon cancellation:
      1. We shall return any money that you have paid to us under this Agreement,
      2. We will collect the Goods from you (and we may make a reasonable charge for this) although you may if you wish return the goods to us at our postal address, and
      3. You must continue to take reasonable care of the Goods until they have been returned to or recovered by us.
   2. If you exercise your right to cancel the Agreement you should not use the Goods and should keep them safe. We may make a deduction from any refund of money if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

9. Ending this agreement

   1. On or after the expiration of the Minimum Hire Period stated under “Key Financial Information” overleaf the hiring may be terminated by either party giving to the other written notice not less than the shortest interval between payment due dates under “Key Financial Information” section overleaf.
      The agreement must have been allowed to run for at least the Minimum Hire Period
      (though this may include the period of this notice)
   2. We will assume that you refuse to comply with the terms and conditions of this Agreement and we will be entitled to end this agreement after giving you a default notice if:
      1. you are in breach of any material obligations under this agreement and you have failed to remedy the breach within a reasonable time of us requesting you to do so;
      2. you provided us with false information when you entered into this Agreement;
      3. the Goods have been destroyed or treated as a total loss under any insurance claim;
      4. you have done something which would allow your belongings, property, income or savings to be legally removed to pay off any of your debts;
      5. steps are taken by you or anyone else to declare you bankrupt or insolvent
      6. a bailiff or other officer control or seizes the Goods or any of your goods following a court order; or the landlord of the premises where the goods are situated threaten, or takes steps, to seize or in any way control the Goods.

10. Return of the Goods

    1. Upon termination of this agreement and/or the hiring for whatever reason, you shall no longer be in possession of the Goods with our consent and the Goods must be delivered up to us in good condition (fair wear and tear permitted).
    2. You may return the Goods at your own expense to our above address or to any other location that we may specify where this is more convenient to you. Alternatively, we will seek your permission to enter your home and collect the Goods at a convenient date and time. If you do not give us permission, we may retake possession of the Goods and in the event that you refuse to give us access to the Goods then we may apply to the court for an order requiring the delivery up of our Goods.

11. Payments on termination

    1. If either party terminates the hiring and/or this agreement under clause 9 you must pay us any arrears of Rentals and any costs and charges due and unpaid at the date of termination together with any sums payable under clause 5b) above.
    2. If we terminate the hiring and/or this Agreement under clause 11 b) you must pay us:
       (i). any Rentals, costs and charges due and unpaid at the date of the termination together with any sums payable under clause 5b) above.

12. Asset tracking

    We may install an asset tracker into the Goods we hire to you. This allows us to track the location of the goods. The asset tracker remains our property, you are liable to pay the cost of repairing or replacing the asset tracker as a result of any deliberate damage or vandalism

13. General conditions

    1. If we relax any of the terms of this Agreement we can enforce them again at any time.
    2. You must let us know, in writing, within 7 days about any change of your postal address.
    3. /Us/Our shall include any successors in title or person to whom our rights are assigned. We may transfer our rights and responsibilities under this Agreement but we shall not do so if this would take away or diminish any of your rights under this Agreement or if it would otherwise materially prejudice you. You may not transfer any of your rights and responsibilities under this Agreement to another person.
    4. This Agreement shall be governed by English law and the Courts in England and Wales shall have jurisdiction in relation to it.
    5. Our supervisory authority is the Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN.
    6. You agree that we may send communications to you by electronic means, including by email and SMS text messaging. This will include contacting you about your repayments and notifying you in the event that any sums are overdue. You can ask us at any time to cease communicating with you be electronic means.