Hire Agreement Regulated by the
Consumer Credit Act 1974
The Furnishing Quotation together with the Hire Agreement terms set out the terms upon which we (“Roomservice”) agree to hire to you (the “Hirer”) the Goods as described.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY
The Consumer Credit Act 1974 covers this Agreement and lays down certain requirements for your protection which must be satisfied when the Agreement is made. If they are not, Roomservice cannot enforce the Agreement against you without a court order.
Under this Agreement the Goods do not become your property and you must not sell them.
Please confirm acceptance of this Hire Agreement only if you want to be legally bound by its terms.
If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizen’s Advice Bureau.
If you are a corporate body or if the total payments due under this agreement are greater than £15,000 (including vat) this Agreement will not be regulated by the Consumer Credit Act 1974. Any statement in this Agreement or any copy of this Agreement or in any notice we serve on you concerning the Act will not apply.
TERMS AND CONDITIONS OF HIRE
1 Definitions and Interpretation
1.1 In this Agreement, the following words and expressions shall have the following meanings:-
“Event of Default” any of the events referred to in Clause 12.2;
“Goods” the Equipment, Accessories, Furniture and Fittings as specified in the Furnishing Quotation to be supplied by Roomservice which expression shall include all replacements and renewals thereof and all accessories and additions thereto;
“Hirer” the individual, firm of Company hiring the Goods shown as ‘the Customer’ in the Furnishing Quotation;
“Minimum Period” the minimum period of time in respect of which hire charges will be payable by the Hirer as specified in the Furnishing Quotation;
“Property” the premises at which the Goods are installed as specified in the Furnishing Quotation;
“Furnishing Quotation” the document detailing the terms for each individual installation
“Roomservice” CORT BUSINESS SERVICES UK LIMITED of 28 Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY trading as Roomservice by CORT
1.2 The headings to the paragraphs in these Conditions are for ease of reference only and do not affect their interpretation.
1.3 Subject to any variation under Clause 1.4, this Agreement will be subject to these Conditions to the exclusion of all other terms and conditions (including any terms which the Hirer purports to apply under any purchase order, confirmation of order or any other document).
1.4 No variation to these Conditions shall be binding unless agreed in writing between the parties and signed by or on behalf of a director for the time being of Roomservice.
1.5 Each order for the Goods by the Hirer shall be deemed to be an offer by the Hirer to the hire the Goods subject to these Conditions. Orders placed by the Hirer’s employees or agents employed by the company will be binding on the Hirer if it is reasonable for Roomservice to accept that such individuals have the authority to place such orders.
1.6 No order placed by the Hirer shall be deemed to be accepted by Roomservice until a written acknowledgement of order is issued by Roomservice or (if earlier) Roomservice delivers the Goods to the Hirer.
1.7 Where the Agreement is a regulated agreement within the meaning of the Consumer Credit Act 1974, the Agreement shall not become binding until signed by an authorised representative of Roomservice.
2.1 The Hirer agrees to take and Roomservice agrees to supply the Goods on hire subject to these Conditions and those detailed in the Furnishing Quotation.
3 HIRE PERIOD
3.1 The hiring of the Goods will commence in the date on which the Goods are delivered to the Hirer or its agents and shall continue from month to month until terminated in accordance with Clause 12 (“the Hire Period”).
4.1 Any dates specified by Roomservice for the delivery of the Goods are intended to be an estimate only, and time for delivery shall not be of the essence.
4.2 Subject to the other provisions of these Conditions, Roomservice will not be liable for any direct, indirect or consequential loss (which terms shall include without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods for any cause whatsoever.
4.3 If any delay in delivery is caused by the Hirer due to access restrictions to the Property, security or lack of reasonable storage space and less than 2 working days notice has been given to Roomservice then Roomservice reserves the right to charge for any costs incurred due to such delay.
4.4 An inventory providing details of the Goods (“the Inventory”) shall be supplied to the Hirer on or soon after delivery of the Goods. The Hirer shall be responsible for immediately inspecting the Goods and shall note any defects in fit, finish or performance to specification of the Goods on the Inventory as appropriate.
4.5 The Hirer shall sign and return a copy of the Inventory to Roomservice within seven working days of receipt thereof, which shall constitute evidence of the Hirer’s acceptance of responsibility for the Goods as listed therein. If the Hirer fails to return the Inventory or to raise any queries within the said period of seven days, the Goods will be deemed to have been delivered in accordance with the Inventory.
5 ELECTRICAL EQUIPMENT
5.1 Roomservice will install any Electrical Equipment as detailed in the Furnishing Quotation at the Property subject to Roomservice terms and conditions of installation, and shall connect the Equipment to the appropriate services where adjacent. The Hirer shall employ at the Hirer’s expense such additional qualified tradesmen as are required necessary to facilitate the installation.
5.2 Any satellite or radio-receiving device subject to this Agreement is not warranted to receive transmissions other than those received at the time of installation.
5.3 The Hirer shall notify Roomservice immediately of any breakdown or unsatisfactory working of the Equipment, whereupon Roomservice shall arrange for an Approved Engineer to effect necessary repair or replacement of the Equipment. The Hirer shall not allow anyone except an Approved Engineer to interfere with any of the Equipment or attempt to repair it.
5.4 The Approved Engineer may remove the Equipment from the Property to examine or repair it, in which case Roomservice will provide the Hirer with a substitute of a similar type, and shall install it at the Property as soon as is reasonably practicable.
5.5 Roomservice accepts no liability for any loss or damage resulting from any breakdown of the Equipment from any cause whatsoever, including without limitation any subscription fees (or similar charges) paid by the Hirer in respect of receipt of Satellite/Cable/Terrestrial broadcasting /Cable/Terrestrial broadcasting (howsoever arising). Roomservice are not responsible for the replacement and repair of recordable media.
5.6 The Hirer must obtain and keep up to date all licenses, permission or consents that may be required in respect of any Equipment provided. Where applicable the Hirer must obtain any approval for the installation of the Equipment that may be required from any landlord or owner of the Property or their agent.
5.7 Where the Equipment includes any remote control or battery powered devices new batteries will be provided on installation, and the Hirer shall be responsible at his own expense to fit replacement batteries thereafter. Any call-out made by the Hirer for attending to battery expiry will be charged at the rate of £50 (fifty pounds) per visit during normal working hours.
6.1 The Hirer shall pay to Roomservice the commencement of this Agreement the deposit as specified in the Furnishing Quotation (“the Deposit”).
6.2 Roomservice shall hold the deposit throughout the Hire Period and subject to any deductions made pursuant to Clause 6.3, and shall, upon request, repay the Deposit to the Hirer on receipt of all of the Goods by Roomservice following the termination of this Agreement.
6.3 Roomservice shall be entitled to retain the whole or part of the Deposit for the purpose of setting off the same against any liability of the Hirer under this Agreement.
7 HIRE CHARGES
7.1 For the duration of the Hire Period, the Hirer shall pay to Roomservice in advance the hire charges as specified in the Furnishing Quotation, at such consecutive intervals as are specified in the Furnishing Quotation without prior demand by Roomservice. Time shall be of the essence in respect of all sums due from the Hirer under this Agreement.
7.2 An initial invoice in respect of the hire charges for the first period’s hire charges together with the Deposit and/or any agreed delivery and collection charges will be raised and shall be payable by the Hirer prior to delivery of the Goods. Roomservice shall not be obliged to make any delivery of the Goods until these have been paid in full. Invoices for subsequent hire periods as detailed in the Furnishing Quotation will be raised prior to the start of the subsequent hire period and are due and payable on invoice.
7.3 On expiry of the Minimum Period, invoices in respect of the subsequent hire charges will be raised prior to the start of the subsequent hire period and are due and payable on invoice. Any queries relating to invoices must be raised by the Hirer within ten days of receipt of invoice and if no query is raised within such period, the Hirer shall be deemed to have accepted such invoice.
7.4 Should the Hirer require removal of part of the Goods prior to the expiry of the Minimum Period, the full amount of the hire charges as detailed in the Furnishing Quotation shall remain payable in respect of such period. On the expiry if the Minimum Period the hire charges will reduce pro-rata in respect of the Goods removed subject to a minimum rental value of £100 per month.
7.5 Roomservice shall be entitled to charge interest on all sums which are overdue for payment at the rate of 4% per annum above the base rate of the Bank England from time to time accruing on a daily basis until payment is received in full in cleared funds, whether before or after judgement.
7.6 The Hirer shall make all payments due under this Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
7.7 Payment is accepted by cheque, telegraphic transfer or standing order. All payments made direct to our bank account should be made out to:
Account Name Cort Business Services UK Limited
T/A Roomservice by Cort
Bank Details: Barclays Bank Plc
1 Churchill Place
Account Number 83478343
Sort Code 20-00-00
or to such other account as Roomservice may notify to the Hirer in writing from time to time.
7.8 Roomservice reserves the right to require that the Hirer provides a bond, guarantee or other such instrument of security in respect of Hirer’s payment obligations under this Agreement.
7.9 All hire charges are exclusive of any value added tax, for which the Hirer shall be additionally liable and the applicable rate from time to time.
7.10 Roomservice reserves the right to increase the hire charges at any time by one month’s written notice to the Hirer in the event of any increase in the costs incurred by Roomservice under this Agreement due to any factor beyond its reasonable control.
8 DUTIES OF THE HIRER
8.1 The Hirer shall during the continuance of this Agreement:-
8.1.1 take reasonable care of the Goods and use them for their proper purpose and where relevant, in accordance with the manufacturers recommendations and instructions;
8.1.2 take such steps as are necessary to ensure the Goods are kept safe and not exposed to risk or damage;
8.1.3 not, in the opinion of Roomservice, to jeopardise the Goods or to permit them to be placed in jeopardy;
8.1.4 maintain the Goods in good and substantial repair and condition (fair wear and tear excepted);
8.1.5 keep the Goods in his possession or control at the Property and not to move the Goods from the Property without the prior written consent of Roomservice;
8.1.6 not alter the Goods in any way or seek to make repairs or to reconfigure or modify the layout of the Goods without the previous written consent of Roomservice;
8.1.7 not re-hire, sell, mortgage, pledge, underlet, lend or otherwise deal with the possession of the Goods or any part thereof without the previous consent in writing of Roomservice;
8.1.8 permit Roomservice its servants and agents subject to reasonable notice to have access to the Goods for the purposes of inspection or repair at all reasonable times;
8.1.9 notify Roomservice immediately of any material loss of or damage to the Goods;
8.1.10 yield up the Goods to Roomservice on the termination of this Agreement in a condition equal to that as at the commencement of the hire (fair wear and tear excepted).
8.2 During the Hire Period, the Goods will be at the entire risk of the Hirer and the Hirer shall be liable to Roomservice for any and all loss or damage to the Goods or any part thereof from any cause whatsoever (fair wear and tear expected) subject to clause 9.
9.1 The Hirer shall indemnify Roomservice in respect of:
9.1.1 all and any third party claims in connection with or arising out of the use or possession of the Goods by the Hirer together with all costs and expenses relating thereto;
9.1.2 all loss or damage to the Goods which may occur during the Hire Period (fair wear and tear excepted) subject to Clause 9.1.3.
9.1.3 If the Furnishing Quotation includes Damage Waiver Protection then the Hirer is not required to insure the Goods against loss or damage for the following perils: fire, lightening, explosion, storm, flood, escape of water from any tank, apparatus or pipe, impact or theft. Loss from theft requires evidence of there being forcible and violent entry/exit. Theft by collusion and accidental damage is specifically excluded.
If the Furnishing Quotation does not include Damage Waiver Protection then the Hirer is required to insure the Goods for the peril listed in Clause 9.1.3. Roomservice reserves the right to request written evidence that such insurance has been obtained by the Hirer.
9.1.4 The Hirer has the right to decline the Damage Waiver fee. In such case evidence of alternative cover must be provided to Roomservice by the Hirer which names Roomservice by CORT as the beneficiary of any proceeds as a result of the loss of the Goods. Roomservice has the right to continue to charge the Damage Waiver fee until such evidence has been received.
9.1.5 The Hirer shall notify Roomservice immediately of any loss or damage to the Goods as a result of an event listed above and Roomservice will replace any damaged goods on a like for like basis within 5 working days.
9.2 The obligations of the Hirer under this Clause 9 shall survive the termination of this Agreement.
10 WARRANTIES AND LIABILITY
10.1 The Hirer acknowledges that Roomservice is not the manufacturer of the Goods and that accordingly Roomservice gives no warranty or guarantee as to the quality of the Goods, their fitness for purpose or otherwise. Roomservice shall, where possible assign to the Hirer the benefit of any warranty or guarantee given by the manufacturer or supplier of the Goods to Roomservice.
10.2 Roomservice warrants that:
10.2.1 it is the beneficial owner of the Goods and has the authority to enter into this Agreement in respect of the Goods; and
10.2.2 unless identified specifically as being of a Contract standard, all Goods comply with the current Regulations for Domestic use only.
10.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.4 The following provisions set out the entire liability of Roomservice (including any liability for the acts and omissions of its employees agents or sub-contractors) to the Hirer in respect of:
10.4.1 any breach of its contractual obligations arising under this Agreement; and
10.4.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
10.5 The Supplier's liability to the Client for:
10.5.1 death or injury or liability therefore resulting from the Supplier's own or its employees', agents' or sub-contractors' negligence; and
10.5.2 all damage or liability incurred by the Client as a result of any fraudulent misrepresentation by the Supplier shall not be limited by any provision of these Conditions.
10.6 Subject to the provisions of Clause 10.4 above Roomservice’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the aggregate of the charges paid by the Hirer under this Agreement.
10.7 Subject to Clause 10.4 above Roomservice shall not be liable to the Hirer in respect of any Event of Default for any type of:-
10.7.1 special, indirect or consequential loss (even if such loss was reasonably foreseeable or Roomservice had been advised of the possibility of the Hirer incurring the same);
10.7.2 loss of profit; and/or
10.7.3 loss of business and/or goods; and/or
10.7.4 loss of contract; and/or
10.7.5 loss of goodwill; and/or
10.7.6 loss of use; and/or
10.7.7 any damage relating to the procurement by the Hirer of any substitute services.
10.8 If Roomservice are required to hang prints, mirrors , headboards or any other items that require fixing to the property, it is the Hirer’s responsibility to ensure that the appropriate authority is gained from the landlord and to conduct any remedial works necessary to make good upon removal.
11.1 The Goods shall at all times remain the property of Roomservice and the Hirer shall have no rights to the Goods other than as hirer and the Hirer shall not do or permit to be done any matter or thing whereby the rights of Roomservice in respect of the Goods are or may be prejudicially affected.
12.1 The Hirer may terminate the Hire at any time by giving no less than one months’ notice in writing to Roomservice.
12.2 Roomservice may determine the Hire:
12.2.1 on giving one month’s notice in writing to the Hirer at any time after the expiry of the Minimum Period; or
12.2.2 at any time without notice if:
18.104.22.168 the Hirer defaults in the payment of the hire charges or any other sums due to Roomservice under this Agreement;
22.214.171.124 the Hirer fails to observe and perform the terms and conditions of this Agreement;
126.96.36.199 on the making of a receiving or administration order against the Hirer or on the calling of a meeting of the Hirer’s creditors executing any assignment of assets for their benefit or in the event that the Hirer ceases to trade.
188.8.131.52 upon the Hirer going into liquidation whether voluntary or compulsory except for the purpose of reconstruction or amalgamation, or suffering a receiver to be appointed over any of the Hirer’s assets.
184.108.40.206 upon any distress or execution being levied against the Hirer.
12.3 If the Hire is terminated for any reason prior to the expiry of the Minimum Period the Hirer shall, subject to Clauses 12.4 and 12.5, remain liable for the whole of hire charges payable for the duration of the Minimum Period, notwithstanding early termination.
12.4 If the Hire is terminated for any reason prior to the expiry of the Minimum Period and a Break Clause is indicated as applying to the Furnishing Quotation the Hirer shall remain liable for a Break Charge which is calculated as:
i) the balance of all outstanding hire charges from the removal date to six months after installation of the Goods together with
ii) 50% of the balance of all outstanding hire charges from six months after installation of the Goods up to the Minimum Period.
12.5 If on termination of this Agreement the Hire Period exceeds the Minimum Period, the Hirer will be liable to pay to Roomservice hire charges calculated up to and including to the later of the:
12.5.1 the recovery of the Goods by Roomservice; or
12.5.2 the date of termination or the date upon which any period of notice of termination shall expire.
12.6 On termination of this Agreement pursuant to Clause 12, the Hirer shall no longer be in possession of the Goods with the consent of Roomservice and shall forthwith make the Goods available for collection by Roomservice. Without prejudice to any other rights of Roomservice hereunder, Roomservice or its authorised representatives may retake possession of the Goods and for this purpose may enter upon any premises where the Goods are kept.
12.7 The Hirer shall be responsible for all reasonable expenses incurred by or on behalf of Roomservice in ascertaining the whereabouts of or repossessing the Goods, and of any legal proceedings taken by or on behalf of Roomservice to enforce the provisions of this Agreement.
12.8 The termination of this Agreement pursuant to this Clause 12 shall not affect the right of Roomservice to recover from the Hirer any sums due under this Agreement or damages for any breach thereof.
13.1 It is expressly required, given the sharing of data, expertise, ‘know-how’ and information is an investment between the parties to this Agreement and that a strict code of confidentiality must be maintained. Roomservice undertake that it shall not divulge any information in respect of the Hirer’s business including that information within the terms of this Agreement. Similarly it is a requirement of Roomservice that the Hirer may not share with or disclose to any other parties any information in respect of this Agreement.
14.1 A notice required or permitted to be given by either party to the other under this Agreement shall be in writing, and addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.2 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 This Agreement is personal to the Hirer who shall not assign his rights or obligations hereunder without the prior consent of Roomservice.
14.4 If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.5 The parties to this Agreement do not intend that any terms of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.1 This Agreement shall in all respects be governed by English law and the parties agree to submit any dispute or claim under it to the exclusive jurisdiction of the English Courts.