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Oakley Healthcare & Mobility | Hire
STANDARD TERMS & CONDITIONS FOR EQUIPMENT HIRE
Version 1.1 – 08.12.21
1. DEFINITIONS
i. In these terms and conditions, the following words shall have the following meanings:
ii. 'The Company' shall mean Oakley Healthcare & Mobility, whose registered office is situated at Oakley House, Monkspond Street, Northampton, NN1 2LF
iii. 'The Customer' shall mean any party with whom the Company enters into a Contract. 'The Contract’ shall mean the contract entered into between the Company and the Customer of which these terms and conditions shall form part.
iv. 'Equipment' shall mean the subject matter of the Contract.
2. BASIS OF CONTRACT
i. The contract with the Company commences when the customer places its order and gives its authorization to process payment for the contract, subject to any notification of nonacceptance from the Company. If placing an order via the website you will receive an email response but please note that this does not mean that the order has been accepted.
ii. The Company will confirm its acceptance to the customer either by sending the customer an email that confirms acceptance of the order, or by confirming the order by telephone ("Order Confirmation"). The contract between the Company and customer will only be formed after the Company receives payment for the minimum period and sends the order confirmation.
iii. If the Company are unable to supply a product, for example because that product is not in stock or is no longer available or because of an error in the price on the website, the Company will inform the customer of this either by email or telephone and the Company will supply a similar category product, or if none available, offer a refund to the customer of the full amount as soon as possible.
iv. By placing an order with the Company, the customer warrants that he or she is: 1. Legally capable of entering into contracts; 2. At least 18 years old; and 3. Resident in England, Scotland or Wales.
3. ACCEPTANCE AND RESPONSIBILITY
i. Acceptance by the Company of any offer for rental of Equipment is subject to these terms and they may not be varied except by agreement in writing by the Company.
ii. The Customer accepts responsibility for the selection of all Equipment; and all Equipment during the period of rental as defined in the Clause 5. 1
iii. Acceptance by the Customer of delivery of the Equipment shall be evidence that the Equipment has been delivered in accordance with the Contract. Within 8 hours of the delivery of the Equipment the Customer shall test the Equipment and in the event of the Equipment being faulty or not in accordance with the Contract, the Customer shall forthwith notify the Company by giving the Company details of the fault or deviation of the Contract terms. The Company will then inform the Customer of remedial action the Company will take.
iv. For Equipment collected from the Company by the Customer, responsibility for the safekeeping of the Equipment shall pass to the Customer or his agent immediately upon the Customer or his agent receiving the Equipment.
4. RENTAL CHARGES
i. The Equipment will be charged at the Company's rental rates specified at the date of the Contract.
ii. The Company reserves the right to alter its rental rates for the Equipment from time to time subject to giving the Customer not less than 4 weeks’ notice in writing of such alteration, for any equipment already on hire.
5. RENTAL PERIOD
i. The rental period will commence from the time the equipment is delivered to the Customer (for an additional advanced payment) or collected by or on behalf of the Customer (as agreed) and will continue until the day on which the equipment is collected or returned to the Company's premises.
ii. If the Customer fails to return the equipment to the Company's premises on or prior to the last day of the rental period referred to in the Contract or pursuant to terms agreed between the Company and the Customer the Contract shall be deemed to have been extended upon similar terms as to payment to those subsisting immediately prior to its extension and the Contract shall subsist until the Equipment is returned to the Company's premises.
iii. If the Customer returns the Equipment before the end of the agreed rental period on the Contract the Customer may be offered a refund based on the pro-rata rate of rental for the period that the Customer has used the Equipment for, allowing for differences between the rate of rental for different hire periods.
6. PAYMENT TERMS
i. All payments for products shall be made by debit or credit card
ii. Payments for products and all applicable delivery and collection charges shall be made weekly in advance.
iii. If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
a. Cancel the contract and suspend any further supply of services to the customer until such time as the customer has paid in full including any interest under these conditions;
b. Recover any products already delivered to the customer for which payment has not been received;
c. Utilise any payment made by the customer to the Company against payment due under this contract (even if this payment has been made under any other contract between the customer and the Company) as the Company may think fit; and
d. Charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per cent per annum above the Bank of England’s base lending rate from time to time, calculated on a daily basis, until payment in full is made and will be liable for reasonable legal charges incurred by the Company in the recovery of amounts due.
iv. The Customer shall not be entitled to withhold any payment (or part thereof) or make any deduction from the amount invoiced by the Company in respect of any set-off or counterclaim unless such deduction or withholding is agreed in advance by the Company in writing.
7. VAT
i. All rental charges shown in the schedule are exclusive of VAT, which will be charged at the rate applicable at the relevant tax point date.
ii. Where the Customer is eligible for VAT relief (in the case of chronic sickness or disability), the Customer will need to complete a VAT exemption form and such form will need to be acknowledged as received by the Company before any release of Equipment to the Customer.
8. DELIVERY, SETUP & COLLECTION
i. The customer's order will be fulfilled by the approximate delivery date set out in the order confirmation, unless there is an event outside the Company’s control. If the Company is unable to meet the estimated delivery date because of an event outside our control, the Company will contact the customer with a revised delivery date.
ii. The customer may collect the Equipment from the Company’s premises; or pay the costs of delivery & setup (and collection at the end of the hire period), such costs to be included in the initial payment at the time of order.
iii. Delivery will be completed when the Company or its courier, delivers the products to the address the customer provided to the Company when making its order.
iv. If no one is available at the address to take delivery, the Company will leave the customer a note that the products have been returned to the Company’s premises, in which case, please contact the Company to rearrange delivery. A further charge for the delivery will be due.
v. Where delivery is by an independent courier service the Company cannot be held responsible for timing on this delivery. The Company will make every effort to ensure that the courier resolves their problem as soon as is possible to ensure they complete the service in a full and timely fashion
vi. The period of hire commences from time of delivery or attempted delivery; or time of collection. It is the responsibility of the customer to ensure someone is available to receive the goods between 8.00am and 8.00pm on the date of delivery.
vii. The products will be the customer's responsibility from the completion of delivery until returned to, or collected by, the Company or its agent.
9. LOSS OR DAMAGE
i. On the occurrence of any loss or damage to the Equipment the Customer shall immediately notify the Company by telephone and shall confirm the same in writing or by email.
ii. The Customer shall, on written or email demand by the Company, pay to the Company the full costs of replacement or repair of the Equipment within 7 days after the date of such demand. In the event of loss or damage, the rental charge shall continue to be paid.
iii. On receipt of payment for the full cost of replacement or repair the Company will replace or repair the Equipment as the case may be.
10. WARRANTY
i. The Company hereby warrants to the Customer that at the commencement of the rental period the Equipment complies with its manufacturer's description. The benefit of this warranty may not be assigned by the Customer to any other party. Any claim against the Company in respect of any failure is limited to the value of the hire of the item which has malfunctioned. No other claims will be considered.
ii. The warranty does not apply where the defect arises from wilful damage, negligent use of the product, abnormal usage conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the product without the Company’s prior approval while the product is in the responsibility of the hirer in accordance with the terms of this contract.
iii. Nothing in any contract or these conditions shall exclude or limit either party's liability for death or personal injury caused by negligence, for fraudulent misrepresentations or for any other liability which cannot be legally excluded or limited.
iv. Where any valid claim in respect of any product which is based on any defect in the quality, condition or quantity of the product is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the product (or part of the product) free of charge, but this shall be the customer's sole remedy and the Company shall have no further liability to the Customer in this respect.
v. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the contract that is caused by an event outside our control. An event outside our control is defined below in clause 10.6
vi. An "Event outside our control" means any act or event beyond our reasonable control, including without limitation performance of third party couriers, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shopping, aircraft, motor transport or other means of public or private transport.
vii. If an event outside our control takes place that affects the performance of the Company's obligations under a contract:
a. The Company will contact the Customer as soon as reasonably possible to notify the Customer; and
b. The Company’s obligations under the contract will be suspended and the time for performance of the Company’s obligations will be extended for the duration of the event outside our control. Where the event outside our control affects the Company’s delivery of products to the customer, the Company will arrange a new delivery date with the customer after the event outside our control is over
11. USAGE OF EQUIPMENT
i. The Customer will in its use of the equipment observe all the manufacturer's instructions and where appropriate, the Company's instructions and other regulations both statutory or otherwise that may be issued or may be enforced for the proper use thereof and shall be responsible for any damage caused to the equipment through failure to observe such instructions or regulations or failure to use the equipment in a proper manner.
12. LIABILITY AND INDEMNITY
i. The Customer shall be responsible for and hold the Company fully indemnified against any claim for loss, damage, injury or death to any company, firm or person arising in connection with the use by the Customer of the Equipment provided that such indemnity shall not extend to any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
ii. Any damages to which the Customer may become entitled in any claim against the Company in any action whatsoever arising out of the Customer's use of the Equipment or pursuant to the Contract shall be limited in amount to the amount of the rental payments paid by the Customer for the Equipment to the Company as at the date on which the damages occurred.
iii. Save as provided by the provisions of Section 55 of the Sale of Goods Act 1979 all guarantees, warranties, conditions or liabilities whatsoever whether expressed or implied by statute common law or otherwise are hereby excluded.
13. OWNERSHIP
i. The Equipment shall remain at all times the property of the Company and the Customer acknowledges that the Equipment is supplied to the Customer on a rental basis only.
ii. The Company reserves the right to use any means to recover physical possession of the Equipment, should the Customer fail to:
a. Return, or make available for return, the Equipment at the end of the hire period agreed on the Contract; or
b. Make payment for an extension of the hire Contract, to be agreed with the Company.
14. MAINTENANCE
i. The Company shall, at its expense, provide maintenance of and/or recalibration for the Equipment and shall either repair or replace Equipment, which becomes defective during the subsistence of the Contract through no fault of the Customer.
ii. If the Equipment does not operate properly, the Customer shall notify the Company and request instructions before taking any remedial action or returning the same to the Company.
iii. In the event of the Equipment requiring repair or recalibration as a result of Customer negligence, misuse or abuse then the Customer shall bear the cost of any such repair and/or recalibration.
iv. Where Equipment needs maintenance and/or recalibration other than in circumstances referred to in Clause 14.3, rental charges will be credited to the account of the Customer for the period the Equipment is not in use.
15. CUSTOMER'S OBLIGATIONS
During the subsistence of the Contract, the Customer shall:
i. Keep the Equipment in the Customer's possession and under the physical control of the Customer;
ii. Not keep the Equipment at any other address, other than that laid down in the hire contract, or move the Equipment in any manner except as authorised in writing by the Company, and, if so authorised, shall forthwith give written notification of the change of address or relocation to the Company;
iii. Keep the Equipment in good condition and not subject the same to any misuse (including but not limited to use conflicting with the recommendations of the manufacturers of the Equipment) or unfair wear and tear and to use the same in a proper manner;
iv. Permit the Company and its authorised agents at all reasonable times to enter upon any premises (or vehicle) where the Equipment may be located for the purpose of inspecting, maintaining, repairing or testing the same;
v. Repay the Company on demand all costs, charges and expenses incurred in any way by reason of any breach of the Contract or other obligation of the Customer;
vi. Preserve the Company's and/or manufacturer's identification number and/or mark and/or nameplate affixed to the Equipment either by the Company and/or the Manufacturer
16. PERSONAL INFORMATION
The Company will maintain the Customer’s personal information on the agreement, as part of Company records to assist it to maintain and improve its administration and management.
17. GOVERNING LAW
The agreement is governed by the laws of England. Any dispute may be submitted to the non-exclusive jurisdiction of the English courts