|Total Items: 0|
1.1 Terms used in these Conditions which are defined in the Confirmation
of Order shall be construed accordingly.
1.2 The terms set out in these Conditions, the Quote and any Confirmation of Order (together the "Agreement") shall apply to the rental of the Equipment by Cellhire to the Customer to the exclusion of any other terms and conditions.
1.3Reference to any statute includes any modification consolidation or re-enactment.
1.4 Any reference in the Confirmation of Order or these Conditions to “month” means a period of 28 days.
2.1 Cellhire will deliver the Equipment at Cellhire's risk to the
Customer at the address shown on the Confirmation of Order. The Commencement Date
shall be as set out on the Confirmation of Order.
2.2 The Rental Period is the period from the Commencement Date until the date on which the Customer returns the Equipment in accordance with Condition 10.1 and the Rental Period will be at least the Minimum Period set out on the Rental Quote, (if applicable).
2.3 Risk of damage to or loss of the Equipment, howsoever caused, will pass to the Customer upon delivery.
2.4 Cellhire will use all reasonable endeavours to deliver the Equipment on the Commencement Date but will have no liability to the Customer for any delay caused by circumstances beyond Cellhire's reasonable control.
2.5 The Customer will accept the Equipment on the Commencement Date and if for any reason the Customer fails to accept the Equipment on that date the Customer shall nevertheless be liable for Cellhire’s costs associated with the loss of rental, delivery and return costs unless the Customer's failure is due to the negligent act or omission of Cellhire.
3.1 The Rental Charges, the Call Charges and any other sums due
to Cellhire (the "Charges") are payable immediately the invoice is produced
for credit card customers and within 14 days of the invoice date for all others unless
expressly agreed with Cellhire.
3.1.1 Invoices are produced either at the beginning of the rental, every 14 days for credit card customers and every 28 days or calendar monthly for other customers, dependant on tariff or:
3.1.2 at the end of the rental period if this is sooner.
3.1.3 3.1.3 In the case of Customers who pay by credit card, an invoice will be produced when the value of unpaid accumulated Call Charges (excluding VAT) exceeds £150 Sterling or equivalent.
3.1.4 Some data products may be billed at the point of dispatch.
3.2 The Customer will pay the Charges from the time rental commences until:
3.3 If Cellhire does not receive all the details of Charges from
third party networks before the end of the Rental Period, Cellhire may either deduct
the Charges from the Deposit, or (if the Customer's Deposit has been returned),
Cellhire may deduct the Charges from the Customer's credit card. The Customer acknowledges that
Charges may sometimes be received by Cellhire from the network several months in arrears in
which case the Customer will be charged by Cellhire on the same delayed basis.
3.4 Sims may be roam enabled and customers are responsible for charges incurred when using outside the country of origin
3.5 If Call Charges are increased the Customer may terminate the Agreement upon giving Cellhire 48 hours notice but termination will not take effect until Cellhire has received the Equipment from the Customer.
3.6 Cellhire shall be entitled to charge interest on any overdue amounts at the rate set out from time to time in the Late Payments of Commercial Debts (Interest) Act 1998, interest to accrue on a daily basis.
3.7 All Charges will be subject to VAT and any other government taxes or duties as applicable.
3.8 Queries on charges must be raised 30 days of the date of the invoice, otherwise it will be deemed correct.
3.9 Cellhire reserves the right at all times to charge for excessive data usage and or to restrict the bandwidth of any data connection in the event that in its sole opinion the usage is high. Furthermore Cellhire may also disconnect a user either temporarily or permanently for excessive use, and in addition Cellhire may charge the customer for any such excessive usage. Examples of excessive usage may include prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, and where Cellhire has incurred additional charges or been subject to a warning about exceeding a fair usage policy from the network.
3.10 By accepting this Rental Agreement, you are automatically choosing to opt out of the €50.00 EU roamed data cap (effective 1st July 2010) and your roamed data may be uncapped.
3.11 If you browse the internet on your Blackberry device using a browser other than the default browser (which is the BES or BIS browser which accesses the internet via the Blackberry APN) you will incur additional usage charges outside of the data bundle. Do not choose the UK WAP or Secure WAP browsers or this will result in additional data charges for internet browsing.
4.1 When payment is to be made by credit card the Customer will
pay the Deposit to Cellhire and no Equipment will be dispatched until the Deposit
is received. Cellhire will hold the Deposit as security for the Equipment and Charges.
4.2 Cellhire may at any time during the Rental Period require an increase to the Deposit if the Customer's usage is such that Cellhire reasonably believes the Deposit is likely to be exceeded by the Charges.
4.3 Cellhire will repay the Deposit to the Customer provided all the Equipment is returned to Cellhire in the same state as when delivered, fair wear and tear excepted, and any outstanding Charges are paid subject to Condition 4.4. Cellhire will continue to hold the Deposit or a part of the Deposit until Cellhire is reasonably satisfied that all billing information has been received and all Charges have been paid.
4.4 If the Equipment is not returned in accordance with these Conditions or any outstanding Charges remain unpaid then Cellhire may retain some or all of the Deposit (without prejudice to any other right or remedy it may have against the Customer).
5.1 On delivery Cellhire will provide an instruction leaflet on
the use of the Equipment to the Customer. The Customer will only use the Equipment
in a careful and proper manner in accordance with the instructions provided.
5.2 The Customer is not authorised to act as Cellhire's agent and the Customer will, at all times, remain liable for any use of the Equipment by any third parties.
6.1 If the Equipment is not in working order when delivered or
subsequently breaks down the Customer will notify Cellhire immediately.
6.2 Cellhire will repair or replace the Equipment as soon as possible after the Customer notifies Cellhire and will credit the Customer with the full cost of rental for the period in which the Customer is unable to use the Equipment as the result of the fault (provided the breakdown is not due to misuse by the Customer).
6.3 If Cellhire finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.
6.4 The Customer must notify Cellhire immediately if the Equipment is damaged, lost or stolen.
7.1 This Condition will only apply if a Customer has paid for the
Theft, Loss & Damage Protection option and any of the Equipment is not returned to Cellhire
in accordance with these Conditions due to theft or accidental loss or damage.
7.2 If this Condition applies then the Customer will not be liable to pay Cellhire more than the current excess applicable to the particular item of Equipment in question. Full details of Equipment excesses are set out in the Rental Quote.
8.1 Cellhire warrants that the Equipment will be in working order
when it is delivered to the Customer but Cellhire has no control over the operation
of the telephone network to which it is connected or the security of information
transmitted on the Equipment and accordingly cannot be responsible for any failures
of the telephone network or security breaches.
8.2 For all rentals;
8.3 Cellhire's entire liability to the Customer, whether in contract,
tort or otherwise, shall be limited to the total of the Rental Charges actually
paid to Cellhire at the date the claim arose.
8.4 Nothing in this Condition 8 shall apply so as to limit or exclude Cellhire's liability for:
8.5 Cellhire shall not be liable to the Customer for any breach of its obligations under this Agreement, in tort or otherwise if such breach is caused by circumstances beyond its reasonable control.
9.1 The Equipment shall at all times remain the property of Cellhire
and the Customer shall have no rights to the Equipment except to use it in accordance
with this Agreement.
9.2 Where a mobile telephone number is provided for the supply of airtime, the Customer acknowledges and agrees that it is not entitled to continued use of the telephone number associated with the Equipment after the termination of the Rental and that the mobile telephone number will be recovered by Cellhire at the end of the Rental and subsequently provided to another Customer.
10.1 Unless otherwise agreed with Cellhire the Customer shall return
the Equipment to Cellhire at the Return Address to be arranged at the end of the
Rental Period in good working order and in the same condition as when it was delivered
to the Customer.
10.2 If the Customer commits a material breach of these Conditions, such as, but not limited to, using the Equipment in an improper manner and in contravention of the instructions, then Cellhire may require the return of the Equipment without being obliged to repay any portion of the Rental Charges.
10.3 Under no circumstances shall the Customer retain the Equipment under this Agreement for longer than the Rental Period without agreeing an extension of that period with Cellhire.
10.4 Subject to Condition 7 Customer shall pay Cellhire’s replacement price for any Equipment which is damaged or not returned at the end of the Rental Period.
11.1 This Agreement shall be governed by the Laws of England and
11.2 The courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement.
12.1 No waiver by Cellhire of any breach of this Agreement between
Cellhire and the Customer shall be considered as a waiver of any subsequent breach
of the same or of any other provision.
12.2 Cellhire may disclose details of this Agreement to any person and for any purpose connected with its business. Cellhire may also disclose the contents of this Agreement to any credit reference agency.
12.3 The Customer acknowledges that in performance of this Agreement Cellhire may have to transfer data outside the EU and the Customer hereby consents to such transfer.
12.4 A person who is not a party to this Agreement is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where this Agreement expressly provides that such a person is entitled to enforce any of its terms under that Act.