I would like to thank you for hiring me the Ultim8 Synergy Elliptical. It has given me a great start to my new healthier living and kept me motivated. I found the machine easy to use and not all Intimidating, I also would like to commend you on the efficient service you provide and thought the machine was excellent value for money. I will certainly have no hesitation in recommending you and you would be my first choice if I need to hire equipment again.
- Sue W. Windsor
I just wanted to take this opportunity to thank you very much. Your levels of service throughout the hire and purchase of the treadmill were excellent and appreciated the extra support and advice you gave us.
- Paul Meadows - Cookham
Terms & Conditions
Warning - These Terms
& Conditions Are Copyright Of Ultim8
Fitness T/A Hire Fitness
1 Definitions
(a) Hire Fitness is hereinafter referred to as the
“Owner”.
(b) “Equipment” means the equipment
which is provided to the Hirer under the Contract
and delivered to the Hirer and detailed further on
the Order Form.
(c) “The Contract” means the contract
between the Owner and the Hirer for the Rental of
the Equipment.
(d) Order Form” means the order form to
which these terms are appended.
(e) “Rental” is the provision of the
Equipment by the Owners to the Hirer for the
Hirer’s use for an agreed period and at an
agreed cost and subject to these terms and
conditions.
(f) “Rental Fee” means the amount
payable by the Hirer to the Owner for the hire of
the Equipment for one (1) week.
2 Rental Period
(a) The Contract shall commence on the day of
delivery.
(b) The Contract shall terminate on the day of
collection
(c) The Rental will be charged weekly (7 days)
including Saturdays Sundays and national holidays
in England.
(d) The minimum Rental is for four weeks.
3 Rental Charges
(a) Unless otherwise agreed the hirer shall pay a
deposit equal to four weeks Rental
(“Deposit”). The Deposit shall be paid
to the Owner and retained by the Owner until the
termination of the Contract and the return of the
Equipment in satisfactory
condition.
(b) The Rental Fee shall be payable in advance for
periods of 4 weeks or such shorter period as the
Owner may agree.
(c) If the Hirer does not make the Equipment
available for collection on termination of the
Contract, the Hirer shall be responsible for the
Rental Fee until the Equipment is collected by the
Owner. Should the Hirer return or make the
Equipment available to
the Owner before the end of the agreed rental
period, the Owner shall be entitled to charge the
Hirer the full amount or a proportion of the
Rental Fee that the Owner deems appropriate.
(d) The Owner shall be entitled to vary the amount
of the Rental Fee at any time after the expiry of
the minimum rental period and by giving the Hirer
not less than four (4) weeks notice in writing.
(e) The Rental Fee is inclusive of Value Added
Tax.
(f) On termination the final Rental fee is
calculated to include any complete and incomplete
weeks hired.
4 Payment
(a) Following the Advance Rental Fee the Rental
Fee shall be paid by the Hirer to the Owner as
detailed in the Order Form in advance for the
period of four (4) weeks at a time.
(b) Failure to pay in advance may, at the
discretion of Owner, result in the termination of
the Contract.
(c) During the Contract, the Owner reserves the
right to charge interest on overdue Rental Fees at
the rate of 2% a year above the Bank of England's
base rate from time to time in force and an
administration fee of £40.00 in respect of
each late payment of an invoice.
(e) Due to vat rounding there may be a small
discrepancy in the rental fee due by plus or minus
£0.01
5 References
Prior to accepting any order, the Owner may at its
discretion request references, proof of identity
and proof of residence.
6 Acceptance
The Hirer shall satisfy himself that the Equipment
supplied by the Owner corresponds to the Order
Form and is in working order. Any part of the
Equipment found to be faulty, or not found to
correspond with the Order Form, shall be notified
to the
Owners within one working day of receipt of the
Equipment. Failure to do so will render the Hirer
responsible for the payment of the Rental Fee up
to the time of notification.
7 Suitability
It is the Hirer’s responsibility to ensure
that the Equipment is, if necessary, compatible
with existing installations, and is suitable for
all the Hirer’s requirements.
8 Substitution
The Owners reserve the right to substitute the
Equipment proposed for the Rental with alternative
equipment of an equal or higher specification
(which, for the purposes of interpreting the
Contract, shall become the Equipment). On
termination of the
Contract the Hirer may not substitute any
Equipment delivered by the Owner.
9 Responsibilities of Hirer
(a) The Hirer acknowledge that by signing the
Contract he has instructed in the safe operation
of the Equipment and the Hirer undertakes to
ensure no one else uses the Equipment who is not
properly instructed and shall not allow the
Equipment to be
misused in any way other than in accordance with
the instructions of the Owner.
(b) Save in respect of death or personal injury
caused by the Owner’s negligence the Hirer
shall at all times and in all respects indemnify
the Owner against and from, any and every expense,
liability, loss, claim or proceeding whatsoever in
respect of any
personal injury or loss whatsoever (including but
without prejudice to the generality of the
foregoing, injury to the Hirer (if the same is
possible) and injury to any servant, employee or
agent of the Hirer) and in respect of damage to
any property
whatsoever (including the Equipment) or injury to
any person arising out of or in connection with or
consequent upon the hire, delivery, use, misuse,
non-use, repossession, collection, return or
non-return of the Equipment or any part thereof.
(c) The Owner shall not be liable for any
consequential expense liability, what so ever
caused by the late delivery, late collection,
non-delivery, unsuitability, breakdown, failure or
repossession of the Equipment.
(d) The hirer will ensure that the equipment is
not used by anyone under the age of 16 years old.
10 Insurance
10.1 The Hirer indemnifies the Owner against any
loss or damage to the Equipment and against any
loss, damage or injury caused by the Equipment
(except for any caused by the Owner’s own
negligence) in so far as it is not covered by
insurance of
the Equipment.
10.2 The Hirer must insure and keep the Equipment
insured under a fully comprehensive policy at the
Hirer’s expense to their full replacement
value with a reputable insurer chosen by the
Hirer. Insurance must include cover against the
risk of loss or damage
by fire, theft, accident and other risks,
including third party risks, as are normally
insured against in the case of equipment of the
type to which this Contract relates.
10.3 The Hirer must have the Owner’s
interest noted on the policy. The Hirer will
produce to the Owner on demand evidence of the
insurance cover and of the payments of premiums
under the insurance policy.
10.4 The Hirer must notify the Company promptly of
any loss of or damage to the Equipment and hold
any insurance moneys received by the Hirer in
trust for the Owner.
10.5 The Hirer irrevocably authorises the Owner to
negotiate with the insurers to settle any
insurance claim and to receive the insurance
moneys.
10.6 The Owner shall apply the insurance moneys as
follows:
10.6.1 in making good any damage;
10.6.2 in replacing the Equipment with goods of a
similar type;
10.6.3 in compensating the Owner for any loss or
damage which it may suffer or incur.
10.7 The Hirer agrees to pay any shortfall to the
Owner on demand.
10.8 Any loss of or damage to the Equipment shall
not affect the continuance of this Contract.
10.9 If the Hirer fails to pay any insurance
premium the Owner may, but shall not be obliged
to, pay the same and the Hirer will reimburse the
Owner on demand.
11 Equipment Location
(a) The location of the Equipment, during the
Rental, should remain at the delivery address and
should only be relocated upon the written consent
of the Owner.
(b) The Owner will be granted access to the
premises where the Equipment is located by the
Hirer at all reasonable times and with reasonable
notice to inspect, maintain, replace, substitute
or remove the Equipment under the terms stipulated
herein.
12 Modification to Equipment
The Equipment shall not be altered modified or
adjusted defaced or repaired by the Hirer. Doing
so will liable the Hirer to the full replacement
cost of the Equipment.
13 Care of Equipment
(a) The Hirer shall at his own expense keep the
Equipment in a clean and good condition and not
subject it to any misuse or wear and tear over
that consistent with normal and reasonable use,
maintaining where applicable the
manufacturers’
recommendations. The Hirer undertakes not to
remove or interfere with any identification marks
affixed to the Equipment, or to deface or add to
the Equipment.
(b) The Hirer agrees to pay all costs incurred by
the Owner in rectifying any damage or cleaning of
the Equipment. Hire charges will continue until
such rectification is complete.
(c) The equipment must returned in a clean good
condition a charge of up to £50 may be made
for cleaning the equipment on its’ return in
an unsatisfactory condition.
14 Maintenance
(a) In the event of Equipment failure the Owner
will use reasonable endeavours to repair or
replace the Equipment with the same or
similar/higher specification equipment, within
five working days at no charge to the Hirer.
Should the Equipment failure prove
to be due to misuse or the fault of the Hirer, the
Owner reserves the right to pass on the repair
costs and engineering charges to the Hirer. Under
no circumstances shall the Hirer attempt any
repairs.
(b) The Hirer is responsible for day to day
adjustment and care of the equipment (for example:
running belt alignment, pedal, handle bar and seat
adjustments). The Owner will impose a charge of up
to £50.00 for visits to the Equipment for
matters of this
nature.
15 Termination by the Hirer
(a) The Rental will terminate within seven days of
the Owner receiving written notification that the
Hirer wishes to terminate the Contract after the
expiry date of any fixed minimum contract period.
If the Hirer does not contact the Owner in writing
seven
days prior to the end of minimum contract period,
the Contract shall continue seven days after the
Owner receives written notice of termination from
the Hirer.
(b) The Hirer may terminate the Contract prior to
completion of the Contract, by agreement in
writing of both parties the Owner reserves the
right to enforce a cancellation charge of such
amount that may be necessary to indemnify the
Owner against all
loss resulting from the said cancellation.
16 Termination by the Owners
(a) The Owner may terminate the Rental if the
Hirer is in breach of the Contract, or is in
default of any payment due, or in the
Owner’s sole opinion may become in breach or
default during the period of Rental.
(b) The Owner shall be entitled at any time and
for any reason what so ever without explanation
terminate this Contract by giving the Hirer 7 days
notice in writing.
17 Liability
(a) The Hirer expressly acknowledges that the
Owners are not the original manufacturer or
supplier of the Equipment, and that the Equipment
has been selected by the Hirer as suitable for its
purpose. The Hirer accordingly agrees and
acknowledges that all
conditions, warranties or representations whether
express or implied or statutory or otherwise in
respect of the Equipment or its fitness for any
particular purpose are hereby expressly excluded
to the fullest extent permitted by law.
(b) The Hirer acknowledges that the Owner or its
representatives are not qualified to advise the
Hirer on any aspects of physical exercise or
personal health. The Hirer should consult his
Doctor before undertaking in any strenuous
exercise.
(c) It is the Hirer's responsibility to ensure
that he is capable of undergoing a routine of
exercises on the Equipment. The Hirer accepts the
risk of injury from performing exercises on the
Equipment and is advised to consult his doctor
prior to beginning any
fitness program or exercise on the Equipment
supplied.
18 Ownership
The Equipment is and shall remain the sole
property of the Owner and the Hirer shall not sell
offer for sale, assign, mortgage, pledge, lend or
otherwise deal with or part with possession of the
equipment
19 Law and Jurisdiction
Any dispute between the Owner and the Hirer
arising from the Contract shall be subject to
English Law and the parties submit to the
exclusive jurisdiction of the English Courts.
20 Delivery & Collection
(a) All times or dates quoted for delivery &
Collection of the Equipment are given in good
faith but without any responsibility on the part
of the Owners. The delivery or collection will
take place during Monday to Friday between the
hours of 9.30am to 4.30pm unless otherwise
agreed. Time of delivery shall not be of the
essence of the Contract.
(b) The Owner will arrange collection of the
Equipment from the location detailed on the
Contract during Monday – Friday, between the
hours of 9.30am to 4.30pm within Ten days after
the termination date.
(c) The Owner cannot be held liable for any damage
made while delivering, collecting and installing
the Equipment in the Hirer's home or place of
business however it so may be caused.
(d) If the Hirer cancels the delivery or
collection with less than 24 hours notice to the
Owner or is not in at the agreed delivery or
collection time a charge of up to £50.00
will be made for re-delivery or collection of the
Equipment.
(e) The owner may charge extra fee for deliveries
and collections outside standard hours of Monday
– Friday, between the hours of 9.30am to
4.30pm
21 Validity of Conditions
Should any term in the Contract be held to be
invalid such invalidation shall not affect the
validity of the remaining terms.
22. Rent to buy offers
Any offers of discounts (based on rental fees
paid) towards the purchase of the Equipment or new
Equipment is limited up to 25% of the purchase
price of the goods including vat
23 Data Protection
(a) To help the Owner decide whether to enter into
this Contract or any future agreement with the
Hirer, the Owner may make the use of the
information provided to it by the Hirer;
information received from enquiries made about the
Hirer; and
information gained from the Hirer’s
performance of this and any other agreement which
the Hirer has with the Owner. The Owner’s
enquiries may include searching the Hirer’s
record at one or more credit reference agencies
(“the Credit Reference
Agencies”) who will keep details of the
search. These details will be seen by other
organisations who make searches. Information held
about the Hirer by the Credit Reference Agencies
may be linked to records relating to one or more
of the Hirer’s
partners. This is called
“association”. For the purposes of
this Contract and the application, the Hirer may
be treated as financially linked and assessed with
reference to any associated records.
(b) If this is a joint application or if the Owner
is informed by the Hirer of a financial
association with another person, the Hirer must
ensure that he has the authority (i) to disclose
information about the joint applicant and any such
other person and (ii) to
authorise the Owner to search, link or record
information about the joint applicant or such
other person, at one or more of the Credit
Reference Agencies. An “association”
will be created at the Credit Reference Agencies
between the joint applicants
and/or between the Hirer and any person with whom
the Hirer has stated there is a financial
relationship. This links together all the
financial records, and unless a disassociation is
successfully filed at the Credit Reference
Agencies, all the financial records
will be taken into account in any future
applications by the joint applicants, whether such
applications are made together, or separately. The
Owner may also use a credit storing system.
(c) If the Owner enters into this Agreement with
the Hirer, the Owner may disclose information
about the Hirer, this agreement and the conduct of
the Hirer’s account (including payment
record) to any of the Credit Reference Agencies.
(d) Such information may also be disclosed to
other lenders, the supplier, the insurer, and any
other person or company, which the Owner may
select from time to time for the purposes of
considering any future applications for finance
and financial related
services that may be made by the Hirer or any
member of the Hirer’s household, fraud
prevention, tracing debtors and recovering debt,
carrying out statistical analysis and
administering the Hirer’s account.
(e) The information which the Owner holds about
the Hirer may be used for the purpose of carrying
out market research. The Owner may also provide
the Hirer with information about the Owner’s
other products and services. For these purposes,
the
Company may contact the Hirer by post, telephone,
or other means. If the Hirer does not wish to be
contacted for this purpose he/she should write to
the Owner.
