Hire Terms & Conditions

Prior to placing an order, the Hirer should read these Terms carefully as they contain important information about Able-Aid and the Contract.

In exchange for the agreed consideration, which both parties acknowledge is sufficient, the Owner agrees to hire the Equipment to the Hirer, and the Hirer agrees to hire the Equipment from the Owner under the following terms:

Definitions

1. The following definitions are used but not otherwise defined in this Agreement:

1. “Casualty Value” means the market value of the equipment at the end of the term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than, the original purchase price of the Equipment.
2. “Equipment” means the care and mobility equipment which has an approximate value of the price agreed.
3. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the value of the equipment.
4. “Owner” is Able-Aid, the vendor and legal owner of the Equipment. The Owner provides the equipment to the customer under the terms of the hire agreement.
5. “Hirer” means the customer who makes payment to the Owner in exchange for the hire of Equipment under the terms of this agreement.

Hire

2. The Owner agrees to hire the Equipment to the Hirer, and the Hirer agrees to hire the Equipment from the Owner in following the terms set in place by this agreement.

Term

3. The hire will continue weekly or monthly, based on equipment type from the commencement date until the return date unless otherwise agreed.

Rent

4. The agreed weekly/monthly hire fee (inclusive of VAT), payable in advance.

Residual Value

5. At the signing of this agreement, the residual value of the equipment (the “Residual Value”) is agreed to be the cost listed and displayed. However, if and when the Hirer desires to purchase the Equipment, the Hirer and the Owner may negotiate a different residual value at that time. This negotiated value will be the “Residual Value” for any such purchase.

Purchasing the Equipment

6. The Hirer has the option to purchase the Equipment at the end of the Term by paying the following amounts:
   
   1. the Residual Value of the Equipment; and
   2. any fees, taxes, and expenses related to the purchase of the Equipment.
7. After the Hirer has paid all of the costs and fees associated with purchasing the Equipment, the Owner will return the following amounts, or the remaining portions of these amounts, to the Hirer:
   
   1. Any money received from an insurance claim or action that is not used to repair or replace the Equipment.

Use of Equipment

8. The Hirer will use the equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the equipment and with any applicable law in respect of the use of the equipment, including, but not limited to, environmental and copyright law.
9. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
10. Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

Repair and Maintenance of Equipment

11. The Hirer will, at the Hirer’s own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Hirer will supply all parts that are necessary to keep the Equipment in such a state.
12. If the Equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair. The cost of any repairs required upon return may be charged to the Hirer.
13. The Hirer may, but is not obligated to, enforce any manufacturer warranty at their own cost. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.

Warranties

14. The Equipment will be in good working order and good condition upon delivery.
15. The Equipment is of merchantable quality and is fit for its designed purpose.

Loss and Damage

16. To the extent permitted by law, the Hirer is responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
17. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the owner with immediate written notice of such loss or damage and will, if the Equipment is repairable, the Hirer must arrange and cover the cost of repair.
18. In the event of total loss of the equipment, the Hirer must pay any outstanding rent and the Casualty Value. Ownership then transfers to the Hirer.

Ownership, Right to Hire and Quiet Enjoyment

20. The Equipment is the property of the Owner and will remain the property of the Owner.
21. The Hirer must not use the Equipment as collateral or security for a loan, and must not allow anyone else to place a legal claim or financial interest (called an “encumbrance”) on it.
22. As long as the Hirer follows the terms of the agreement and hasn’t defaulted (for example, by missing payments), the Owner promises not to interfere with the Hirer’s use of the Equipment

Surrender

23. At the end of the Term or upon earlier termination of the hire agreement:
    
    1. The Hirer will return the Equipment at the Hirer’s cost, expense, and risk to the Owner by delivering the Equipment to 864-866 London Road, Leigh-on-Sea, Essex, SS9 3NQ.
    2. For an additional collection fee charged to the Hirer, as defined on each respective product page, the Owner will collect, or arrange the collection of, the Equipment from the address specified by the Hirer.
24. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.

Insurance

25. No insurance coverage for the Equipment is required under this Agreement.

Indemnity

26. The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.

Default

27. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement.
    
    1. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
    2. The Hirer is considered in default if they become insolvent, go bankrupt, or make legal arrangements to transfer their assets to pay off debts.
    3. If a writ of attachment or execution is levied, someone tries to legally seize the Equipment (for example, to collect a debt), and it isn’t resolved within 10 days, the Hirer will be in default.

Remedies

28. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
    
    1. Demand payment of all outstanding amounts immediately and payable without notice or demand to the Hirer.
    2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
    3. Take possession of the Equipment, without demand or notice, wherever it may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
    4. Terminate this Agreement immediately upon written notice to the Hirer.
    5. Pursue any other remedy available in law or equity.
29. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.

Entire Agreement

30. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Payment

31. All payments required to be paid under this Agreement will be paid in pounds sterling unless the Parties agree to an alternative.

Governing Law

32. This Agreement will be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.

Severability

33. If there is a conflict between any provision of this Agreement and the applicable legislation of England (the “Act”), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
34. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.

General Terms

35. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
36. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
37. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Government restrictions, wars, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Hirer

38. This is a hire. You are not buying the Equipment. Do not accept these terms and conditions without reading them. You are entitled to a completed copy of the terms.