1. OWNERSHIP, RETURN AND CONDITION OF EQUIPMENT
The customer agrees that he/she is not, and will not become the owner of the Equipment, and undertakes that the Equipment will be returned to RENTALAPTOP upon expiry or termination of the Agreement in the same condition as originally received, fair wear and tear excepted.The customer agrees not to sell, consign, pledge, lend or part with possession of the equipment.The customer undertakes to advise, in writing, the owner or lessor of the premises where the Equipment is located within 24 hours of signing this agreement that the equipment hereby hired is the property of RENTALAPTOP and accordingly cannot be subject to any Landlord's claim for rent or to any other lien, right or encumbrance by a process of court.Unless the customer delivers a notice in writing (email / fax accepted) to RENTALAPTOP within 24 hours after initial delivery to the customer recording defects and/or shortcomings, it shall be deemed for all purposes of this agreement that the customer received the equipment in excellent condition in every respect. The rights of RENTALAPTOP to dispute the contents of any such notice remain fully reserved.
2. PAYMENT OF RENTAL AND INTEREST
The quotation generated via the website, 'rentalaptop.co.uk' is for the avoidance of doubt an 'invitation to treat'.The customer agrees to pay each rental charge in advance, using a debit or credit card, whether demanded or not, and to pay rental for any period the equipment is in the customer's possession and until such time the equipment is returned and received by RENTALAPTOP, even though this period extends beyond the original Agreement.
On termination of the Agreement, any balance of rentals paid by the customer in advance shall be refunded after deductions of any sum which may be due to RENTALAPTOP.
2.1 SECURITY DEPOSIT
customer may be charged a security deposit, the amount determined by RENTALAPTOP, for each piece of equipment hired. On safe return this deposit shall be returned to the customer via the original payment method. At the discretion of RENTALAPTOP only the authorisation for the security deposit maybe made against the card used for payment. If loss or damage occurs then the full repair or replacement cost shall be charged to the card.
2.2 HIRE PERIOD
Equipment is hired on a daily basis at the rate calculated on rentalaptop's website www.rentalaptop.co.uk. The hire period is 1 to 90 days inclusive, although the online quote system does allow longer hires we currently hire only up to 90 days.
2.3 EARLY RETURN
The customer may return equipment hired earlier than the initially agreed return date. Refunds will be based upon the outstanding rental term and our cancellation terms.
2.4 EXTENDED HIRE
The customer may extend the hire period subject to equipment availability. The charge for extended the hire shall be based on either the original hire or as a new hire at the discretion of RENTALAPTOP.
The hirer may cancel a paid for order and receive a refund based on the following scales:
5 working days or less - 0% of hire charge ie.no refund
10 working days or less - 50% of hire charge
11 working days or more - 100% of hire charge
Before calculating a refund we deduct delivery and software charges ie. these are refunded fully.
We may from time to time offer various discounts for a limited time or to certain customers. These offers will only apply for the time / person / company stated or intended and are given at the discretion of Rentalaptop and can be withdrawn at anytime and without notice.
All carriage is via our couriers Initial City Link and is shipped in appropriate packaging, this should be retained for returning equipment using the guidelines enclosed in the packaging.
All delivery/collection times and costs given by RENTALAPTOP are for guidance only and RENTALAPTOP cannot be held responsible for any costs, direct or consequential, due to failure to deliver or collect the goods as arranged. The customer will be liable for any costs charged by the carriage company.
3.1 RETURNING EQUIPMENT
The equipment remains the responsibility of the customer until it is received from the courier at RENTALAPTOP. On return to RENTALAPTOP all equipment is checked and on satisfactory examination the security deposit (if taken) will be refunded.
3.2 CHANGE OF ADDRESS
The customer will notify RENTALAPTOP immediately of any change of address, telephone number or email during the period of this Rental Agreement.
4. USE OF EQUIPMENT
The Customer agrees to use the equipment in a careful and proper manner and not to interfere or tamper with it or let anyone else do so, nor to attempt to effect any repair or improvement to it.
5. ACCESS TO EQUIPMENT
The customer agrees to allow RENTALAPTOP access to rented equipment at any location if so requested by RENTALAPTOP.
6. MAINTENANCE OF EQUIPMENT
RENTALAPTOP agrees to repair and maintain the equipment in good working order without charge to the customer, except where such repair or maintenance is necessitated by misuse or damage. RENTALAPTOP agrees to supply and the customer agrees to accept equivalent replacement equipment where any equipment supplied cannot be effectively repaired or maintained as a result of a mechanical fault occurring or due to fair wear and tear. RENTALAPTOP shall have the right to refuse to service and/or replace the equipment, and its obligation to service and/or to replace shall be suspended if, and for so long as, any payment under this Agreement is overdue and unpaid by the customer. Such refusal shall be without prejudice to the terms and conditions of this Agreement and the customer's liability for payment.
The customer is responsible for data stored on equipment and must copy or backup data before equipment is returned. All equipment is data wiped when returned to RENTALAPTOP.
RENTALAPTOP may terminate this agreement without any notice at any time if the customer:
had made any material mis-statement in the particulars supplied at time of rental fails to comply with any of the terms of the Agreement (each and every one of which shall be deemed to be material by agreement between the parties) and in particular, without detracting from the generality of the aforegoing, fails to pay rental charge; or suffers any execution or attachment to be levied on the customer's property at the premises where the equipment is located; or fails to satisfy within seven (7) days of any judgement given against him/her for the payment of the money or has a provisional order of sequestration/liquidation made against him/her or enters into any compromise with his/her creditors.
RENTALAPTOP shall be entitled at any time to cede and/or sell its rights, title and interest in and to this Agreement.
The customer chooses the delivery address to be the place to deliver notices and any notice given in terms hereof shall be deemed to have been properly given if left at that address or if posted by registered post to the customer at that address shall be deemed to have been properly given on the third business day after such posting.
This Agreement constitutes the entire contract between RENTALAPTOP and the customer and overrides all prior oral agreements between them relating to the subject matter thereof.
The customer agrees to insure the equipment and keep the equipment insured throughout the rental period for the equipment's full replacement value against all risks on a comprehensive policy without restriction or excess.
The customer agrees to insure RENTALAPTOP and itself against all liability to third persons for death, personal injury to or loss of property arising directly or indirectly out of the use, possession or operation of the equipment for an amount as is prudent in all the circumstances and to pay punctually all premiums due for such insurance.
RENTALAPTOP and/or its employees and/or its agents shall not be liable by reason of any loss of data or in respect of any damage caused to property or injury caused to any person, due to any malfunction and/or failure of the equipment whatsoever.
On the return of the equipment upon the expiry of this agreement, or on the equipment being removed upon the termination of this agreement for any reason whatsoever, RENTALAPTOP shall be entitled to remove all data stored or kept on the equipment, and shall not be liable for any loss or damage suffered by reason of such removal and consequent loss of data.
In the event of any data being kept or stored on the equipment being removed and/or lost by reason of any bona fide act or omission on the part of RENTALAPTOP and/or any employee of RENTALAPTOP, including also any negligent act or omission, RENTALAPTOP shall not be liable for any damages or losses suffered as a result thereof.
The customer hereby indemnifies RENTALAPTOP and undertakes to keep RENTALAPTOP indemnified against whatever claims may be instituted against it by any person/s other than the customer by reason of any removal of the equipment and/or any loss of data from the equipment.
In the event of RENTALAPTOP being required to take legal action to recover the equipment and/or any moneys by virtue of this agreement or arising herefrom, the customer shall be liable for RENTALAPTOP's costs as between solicitor and own client, including also collection commission.
16. MICROSOFT END USER LICENSE AGREEMENTS
The customer hereby acknowledges that its use of the Microsoft Products accompanying the rented equipment is governed by the applicable Microsoft End User Agreement.
If any term or condition of this rental agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this rental agreement shall be valid and enforceable to the fullest extent permitted by law.
18. DEFINITIONS AND INTERPRETATION
Any reference herein to the male shall include the female and neuter genders and vice versa and any reference to the singular shall include the plural and vice versa and any reference to a person shall include a legal person and a partnership and a trust and vice versa and any reference to RENTALAPTOP shall mean RENTALAPTOP Limited, company registration number 03933489.
Any reference to Equipment shall be a reference to all equipment and appliances and accessories thereto, rented in terms of this agreement, and/or received by the customer directly or indirectly consequent upon this agreement, including also, without detracting from the aforegoing, the software in/or such equipment, appliances and accessories.
The headings to the various clauses are for convenience only and shall not affect the interpretation of this agreement.