U-TILE
TERMS AND CONDITIONS
1. GENERAL
1.1 Definitions
These Terms and Conditions (the "Contract") relate to the hire of items and accessories ("Tools"), the provision of services ("Services") and the sale of goods ("Goods"). The parties to the Contract are:
The person, firm, company or other organisation hiring the Tools and/or purchasing the Goods or Services (the "Customer"), and
Martin Hall, proprietor of U-Tile, of 15 Seamount Road, Ramsey, Isle of Man, IM8 2HT or his representatives ("U-Tile")
"Services" means the Hole Drilling Service, Tile Cutting Service and/or Measuring Service or any other service provided by U-Tile.
Any condition below deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a Customer's existing legal rights.
1.2 Ownership of Tools and Goods
Tools hired remain the property of U-Tile at all times. Ownership of Goods purchased transfers only when full payment is received by U-Tile.
2. CHARGES
2.1 Hire Charges
The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays.
2.2 Service Charges (including Advice)
The stated service charges are due and payable on the booking of such Services or at the latest, and with the agreement of U-Tile, upon execution of such Services.
2.3 Advice
Advice is provided free of charge for the first half hour upon the first consultation. Thereafter a fee will be charged at the then advertised rate. U-Tile accept no responsibility for loss, damage, or other failure on the part of the Customer on the basis of any advice provided by U-Tile and undertaken by the Customer.
2.4 Delivery and Collection Charges
Delivery and collections including attempted calls may be subject to an additional charge. If Tools are not available or only partially available for collection then the Customer will be charged for each journey.
2.5 Deposits
Deposits requested by U-Tile are at amounts reasonably required and may be offset against any monies due under item 2.6 below or may be applied against the cost of additional Goods or Services. Where a Deposit is required for the Tools it must be paid by the Customer before the hire period. Deposit balances are refunded upon return to U-Tile of Tools in good condition. Balances of deposits paid will be refunded within 7 business days.
2.6 Cleaning and damage repair
The Customer will pay for required cleaning, re-sharpening, breakages and/or damage repair.
2.7 Loss of Tools
U-Tile will treat Tools unavailable for inspection after reasonable notice as lost. The Customer will pay a penalty charge for Tools replacement and revenue loss. Hire charges accrue until full settlement is made.
3. PAYMENT
3.1 Payment
Payment of any sums due under Contract shall be made at the time of order for the Tools or Goods and at the latest upon execution of any additional Services. Payment shall not be deemed to have been made until U-Tile has received cleared funds or cash.
3.2 Invoice Queries
The Customer should notify U-Tile of any queries concerning invoices in writing within 15 days of the invoice date.
3.3 Outstanding Amounts
Should a Customer owe any amount to U-Tile, such amount will automatically become due on demand and may be offset against any deposit held. The Customer will be liable for reasonable legal charges incurred by U-Tile in the recovery of amounts due. In addition U-Tile may charge interest at the Bank of England base rate plus 6%.
4. CUSTOMER'S RESPONSIBILITIES
4.1 Delivery/Collection of Tools and Goods
The Customer will provide adequate delivery and collection access. Tools transported in the Customer's own vehicle is at the Customer's risk. The Customer will sign to acknowledge receipt at delivery/ handover. Shortages must be agreed and noted on the delivery document. Tools defects should be reported to U-Tile immediately by telephone. The Customer may arrange for the return or collection of Tools with any U-Tile representative during normal business hours. When Tools are returned or collected U-Tile will issue a returns note.
4.2 Safety
The Customer is responsible for the safe and correct operation of Tools (as demonstrated by U-Tile representatives) by persons not under the influence of drugs or alcohol. U-Tile recommends that the Tools are not used within the range of children. U-Tile accept no responsibility for injury or death in connection with the use of its Tools.
4.3 Breakdown of Tools
The Customer will notify U-Tile as soon as reasonably possible should any Tools breakdown, without attempting repair.
4.4 Security of Tools
The Customer accepts responsibility for the security of U-Tiles Tools until collection by or return to U-Tile, and undertakes not to sell or relinquish possession, alter, repair or modify them in any way. Theft of Tools must be reported to the Police and a crime reference number obtained.
5. U-TILE'S RESPONSIBILITIES
5.1 Delivery/Collection/Refunds
Following the Customer's request, U-Tile will endeavor to deliver or collect Tools during the next day wherever possible. U-Tile will arrange a refund where the Customer returns Goods in an unused condition.
5.2 Hire rates
U-Tile will maintain the agreed hire rates for the duration of the Contract.
5.3 Testing of Tools & Safety
U-Tile will test electrical Tools before commencement of hire. U-Tile will provide a demonstration or written instruction in the safe and correct operation of the Tools.
5.4 Limitation of Liability
The liability of U-Tile for claims made by the Customer does not extend to any financial loss caused by late or non-delivery of Tools and/or Goods, unsuitability, breakdown, stoppage or lawful repossession.
6. ASSIGNMENT AND TERMINATION
6.1 Extent of Contract and Cancellation
The Contract cannot be assigned and becomes effective when U-Tile accepts the Customer's order. Hire to individuals shall be for a period not in excess of one month unless agreed otherwise with U-Tile. The Customer must undertake to deliver or make the Tools available for collection before the last day of the one month period. U-Tile reserves the right to charge for cancellation.
6.2 Termination
U-Tile may terminate the Contract and repossess Tools without affecting any rights to monies owing, damages for breach of contract or other remedies where the Customer is in breach of Contract.
Download a copy: http://www.u-tile.com/TandCs.doc