Staplebarn Limited trading as AleTrim

Rental Terms and conditions

Updated Sept 2017

BACKGROUND

 These Terms and Conditions shall apply:

  1. to hire AleTrim (“the AleTrim”) from Staplebarn Ltd registered in England under number 08431404, whose registered address is 15A Etloe Road, Bristol BS6 7NZ and whose main trading address is 15A Etloe Road, Bristol BS6 7NZ (“the Company”)

where the Customer (see clause 18) is hiring the AleTrim for the purposes of a Business and not as a “Consumer”, as defined in Clause 1 of these Terms and Conditions.

Definitions and Interpretation

  • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”

means any business, trade, craft, or profession carried on by the Customer or any other person/organisation;

“Customer”

means the customer who is hiring the AleTrim subject to these Terms and Conditions (as that meaning is extended by sub-Clauses 1.2.6 and 1.3 below);

“Deposit”

means the sum payable by the Customer under Clause 4 of these Terms and Conditions and as set out in the Hire Agreement;

“Equipment”

means the AleTrim supplied on hire by the Company to the Customer subject to these Terms and Conditions;

“Force Majeure”

means any cause that is beyond the reasonable control of the Party in question including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by the Party or its suppliers or contractors; civil unrest; fire; explosion; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; epidemic or other natural disaster;

“Premises”

means the Company’s premises from which the Customer can collect the AleTrim and to which it will return it in accordance with Clause 6;

“Price List”

means the Company’s price list, current at the time of the start of the Hire term;

“Hire”

means the hire of the AleTrim by the Customer subject to these Terms and Conditions;

“Hire Agreement”

means the agreement in writing comprising a twelve month rental for a cost of £440.00 excluding VAT and delivery thereafter entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the AleTrim device; and a non-refundable deposit to cover the cost of order processing is GBP 120.00 plus VAT is included with the annual rental cost of GBP 440.00 plus VAT.

“Hire Fees”

means the annual rental plus VAT sum payable by the Customer for the Hire as determined under Clause 5 of these Terms and Conditions.

  • Unless the context otherwise requires, each reference in these Terms and Conditions to:
    • “writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    • “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    • a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
    • a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
    • As the context permits or requires, “Customer” includes any individual(s) nominated by Customer to hire and use the AleTrim on behalf the Customer, and the Customer shall be liable for any breach by that individual of any Customer obligations under these Terms and Conditions
  • An individual signing the Hire Agreement (“signatory”) on behalf of a Customer hereby represents and warrants that the signatory has the authority of that Customer to do so, and the Company will rely on that representation and warranty. If the signatory does not have such authority, the signatory shall instead be deemed to be the Customer and personally liable as if s/he had signed the Hire Agreement as the Customer.
  • The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
  • Words imparting the singular number shall include the plural and vice versa.
  • References to any gender shall include the other gender.

  1. Information About The Company
    • VAT number 169432486

  1. Hire Term
    • The agreed Hire term is set at 12 months only (see AleTrim.com shopping cart)
    • The Company shall use all reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the AleTrim to the Customer beyond the end of the pre-existing Hire term.
    • The Company reserves the right to recall the AleTrim immediately at any time. In the event that the Company exercises this right, the Customer will be reimbursed for any days remaining in the Hire term or will be issued as soon as possible with replacement AleTrim of the same type or of the closest type thereto at no additional cost. If the AleTrim is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter its premises and use any means necessary to recover the AleTrim. The Customer shall be charged for any costs associated with such recovery.

  1. Deposit
    • The Customer shall be required to pay a non-refundable Deposit to the Company at the commencement of the Hire term, prior to delivery of the AleTrim. The sum of the Deposit shall be set out in the Hire Agreement.
    • At the end of the Hire term the Company shall offer the customer two options:
    • Option 1 to renew the hire agreement for another 12 months qualifying for a loyalty discount
    • Option 2 to return the goods at their own cost to StapleBarn Limited.
    • The returned goods to be fully inspected upon its return by the Customer within 10 working days and any repair costs to be charged to the customer.
    • If the returned goods from the customer are found to be un-repairable then we will advise the customer by email with  10 working days and make an additional charge of GBP 180.00 plus VAT.
    • If the goods are not returned at the end of the hire term within 10 working days of the end of the hire term than an
    • additional charge of GBP 440.00 plus VAT will be made as full and final settlement.

  1. Fees and Payment
    • The Hire Fees will be determined, as set out in the Hire Agreement.
    • Payment shall be made in part or in full, as set out in the Hire Agreement, at the commencement of the Hire term. Payment may be made by debit card only.
    • All payments to be made in part will take the form of regular quarterly payments in advance. The Company will invoice the Customer on the same basis. Payments can be made by DD, STO, BACS or credit card as agreed at the time of rental.
    • Where VAT is chargeable for a Hire, the VAT inclusive amount of the Hire Fees will be shown in any quote or Price List, and in addition, the VAT exclusive amount and the VAT charged on that amount will be shown separately from each other in bills, invoices, quotes and the Price List.

  1. Collection, Hire and Return
    • The Customer will be sent the product by recorded courier.
    • The Company shall use all reasonable endeavours to ensure that the AleTrim is ready for collection at the start of the Hire term.
    • In the event that the Company is unable to provide the AleTrim at the start of the Hire term the Company will contact the Customer when the AleTrim is available for collection. The total Hire Fees payable by the Customer shall be adjusted accordingly to reflect the non-availability of the AleTrim.
    • At the end of the Hire term, on the agreed date the Customer shall return the AleTrim to the Premises at or before the time shown in the Hire Agreement.
    • If the Customer is late in returning the AleTrim by more than 5 working days the Company shall charge the Customer for an additional month’s hire at the normal monthly rate for that AleTrim. The Hire term will be extended indefinitely. The provisions of this sub-Clause 6.5 shall continue to apply indefinitely until the AleTrim is returned and is in full working order.
    • If the returned goods from the customer are found to be un-repairable then we will advise the customer by email with  10 working days and make an additional charge of GBP 180.00 plus VAT.

  1. Use and Care of the AleTrim
    • The Customer may only use the AleTrim for the normal purpose for which it is intended.
    • All AleTrim must be used in accordance with any and all operation and safety instructions or similar documentation provided.
    • The Customer may not make any alterations or adjustments to the AleTrim beyond those that are already possible within the range of adjustments specific to a given item.
    • The Customer may only affix or connect other items to the AleTrim where such affixation does not exceed the design limitations of the AleTrim and is not likely to damage it in any way.
    • The Customer shall at all times treat the AleTrim with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
    • If the returned goods from the customer are found to be un-repairable then we will advise the customer by email with  10 working days and make an additional charge of GBP 180.00 plus VAT.
    • The Customer shall not attempt to make any repairs to the AleTrim without the prior written consent of the Company.
    • If parts require replacement during the Hire term the Company shall have the option of supplying such parts to the Customer or supplying replacement AleTrim or a suitable substitute (that is, AleTrim capable of performing the same tasks as that which it replaces).
    • Any parts and / or substitutes provided under sub-Clause 8.2 shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts, associated labourand / or the cost of providing substitute AleTrim.

  1. Insurance
    • The product is not insured by the company

  1. Liability
    • The Company will not be liable to the Customer for any failure or delay in performing the Company’s obligations where such failure or delay results from Force Majeure;
    • The Company shall not be liable in contract or tort (including negligence) by reason of any breach by it of any term of these Terms and Conditions or other express term of the Hire Agreement, or breach by the Company of any implied warranty, condition or other term, or any negligent or innocent misrepresentation, or any negligence or other duty at common law, for any:
    • loss of use or unavailability of any AleTrim;
    • interruption to business;
    • loss of income, revenue, business;
    • loss of business opportunity;
    • loss of profit or contracts;
    • loss of anticipated savings; or
    • any indirect, special or consequential loss, damage, costs, expenses or other claims;

arising from any act or omission by the Company or any of its agents or employees or sub-contractors or any other person or entity in connection with the performance of the Company’s obligations arising under these Terms and Conditions and the Hire Agreement.

  • The Company will not be liable for any personal injury or damage to property which results from the improper use of the AleTrim.
  • Nothing in these Terms and Conditions is intended to or will exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
  • Without prejudice to any of the above provisions of this Clause 10, the Company’s total liability under these Terms and Conditions shall be limited to the value of the Hire Agreement, that is, the total Hire Fees payable by the Customer.
  1. Data Protection
    • The Company will only collect, process and hold the Customer’s personal data in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
    • The Company will not share that data with any third parties for any reasons without the Customer’s prior consent except that the Company may pass on any such data to credit reference agencies and debt recovery agencies in the event that the Customer is in breach of these Terms and Conditions

  1. Termination
    • Where the Customer is a company, the Company shall be entitled to terminate the Hire Agreement in the event that:
      • the Customer is in breach of these Terms and Conditions;
      • the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
    • In the event of termination for any of the above reasons:
      • all payments required under the Hire Agreement shall become due and immediately payable; and
      • the Company shall have the immediate right to request the immediate return of the AleTrim or repossess the AleTrim and may charge the Customer for any reasonable costs involved in such repossession.

  1. Communication and Contact Details 

Complaints and Feedback

  • The Company always welcomes feedback from its customers and, whilst the Company always uses all reasonable endeavours to ensure that its customers’ experience is a positive one, the Company nevertheless welcomes the opportunity to resolve any complaints.
  • All complaints are handled in accordance with the Company’s complaints handling policy and procedure, available from services@aletrim.com
  • In the unlikely event that the product is faulty then Staplebarn Limited trading as AleTrim will collect the faulty part using our own couriers that we will organise in agreement with you.
  • If we are not able to correct the fault then we will refund all the rental monies.
  • The Customer may contact the Company in person at the Company’s business address or by telephone at +44 (0)117 370 6477by email at customer.services@aletrim.com or by pre-paid post AleTrim, 15A Etloe Road, Bristol BS6 7NZ
  • If the Customer wishes to complain about any aspect of its dealings with the Company, including, but not limited to, these Terms and Conditions, the Hire Agreement, or the AleTrim, please contact the Company in one of the following ways:
    • In writing, addressed to AleTrim, 15A Etloe Road, Bristol, BS6 7NZ
    • By email, addressed to services@aletrim.comor by contacting the Company by telephone on +44 (0)117 370 6477.

  1. Entire Agreement
    • The documents comprising the Hire Agreement, these Terms and Conditions and any other documents expressly incorporated into the Hire Agreement, contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
    • Each Party acknowledges that, in entering into the Hire Agreement, neither Party gives any warranty or relies on any representation, warranty or other provision except as expressly provided in the documents comprising the Hire Agreement.
  2. Other Important Terms
    • The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.
    • The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) without the Company’s express written permission.
    • The Hire Agreement is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.
  3. Governing Law and Jurisdiction
    • These Terms and Conditions, the Hire Agreement, and the relationship between the Customer and the Company (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
    • Any dispute, controversy, proceedings or claim between the Customer and the Company relating to these Terms and Conditions, the Hire Agreement, or the relationship between the Customer and the Company (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the English Courts.
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