Terms & Conditions
General
1. Definitions
This Contract is for the hire of mobility scooters and accessories (“Equipment”) and the sale of ‘resale’ goods (“Goods”) and the parties to the Contract are:
2. The person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
3. Scooter Mobility Hire is the main company & shall be deemed the hiring company.
5. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
6. Extent of Contract and Cancellation
The Contract is not assignable and is effective when Scooter Mobility Hire (SMH) accepts the Hirer’s detailed order. SMH reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
7. Termination
SMH may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
8. Ownership of Equipment and Goods
Equipment hired remains the property of SMH at all times. Ownership of Goods purchased transfers only when full payment is received by SMH.
2. HIRE CHARGES
1. Basis of charging
The stated hire charges as stated on the 'sales & prices' page are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current scooter insurance requirements. Theft of equipment by hirer will be relentlessly pursued through the courts, hire charges will accrue & a loss of business charge will be implemented until conviction.
2. Transport charges
Delivery and collections in the Brighton area are free. outside this area delivery & collection is charged. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
3. Credit Card deposits
In the event that the actual charges for the hire supplied by SMH exceed the amount charged then this additional amount may be taken from the Credit Card.
4. Loss of Equipment
SMH will treat Equipment unavailable for inspection or over stated hire time without contact with SMH as lost and except where appropriate conditions in 4 apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
3. PAYMENT
1. Payment Terms
Payment is due in the form of a deposit when booking on line, this payment will secure the booking for the said dates, if you decide to cancel within 48hrs of the time and date of hire this deposit is non refundable.
2. Payment for the hire term is also required in advance, this is to protect our discount structure. In the event of early hire termination of a booked period no refund will be given, although at staffs discretion you may receive a discount code for a future hire agreement.
3. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until SMH has received cleared funds or cash.
4. In the event of an unwanted delivery of a booked scooter, the hirer will lose any deposit and incur a delivery charge for a round trip mileage.
5. Invoice Queries
The Hirer should notify SMH of any queries concerning invoices in writing within 14 days of the invoice date. SMH will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
6. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by SMH in the recovery of amounts due, Equipment and/or Goods. In addition SMH may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
7. Credit Limits
Where SMH has granted a credit account to the Hirer, SMH may set a reasonable credit limit. SMH reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. HIRER’S RESPONSIBILITIES
1. Legal Responsibilities.
The scooter is hired to one named person, only that person has SMH permission to operate the scooter. The scooter is designed to carry one person, under no circumstances is it to carry a passenger, adult, child, baby or pet. Should this term of the contract be broken, we will repossess the scooter without any refund of deposit or hire charge.
2. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
3. Theft of Equipment must be reported to the Police and a crime reference number obtained within 24 hours.
4. You will be required to make up any short fall in funds from an insurance claim, resulting from a lack of duty of care. You must take every reasonable care to prevent damage or theft.
5. These scooters are serious pieces of equipment, they are not toys or bumper cars. It must also bourne in mind that they are heavy and capable of inflicting death or serious injury to pedestrians. Always let pedestrians
have right of way & bare in mind they can't hear you coming, so give them plenty of space and make them aware of your presence.
6. Listed below are a set of circumstances where the hirer may be asked to pay in part or in full resulting from a limited insurance pay out or a refusal of insurance cover due to the hirers negligence or lack of duty of care.
7. Theft of scooter, batteries or any accessories by hirer.
8. Loss due to the dishonesty of any Hirer’s employee.
9. Theft from a vehicle where the Equipment was left visible and unattended.
10. Loss of Equipment revealed only when an inventory is made.
11. Loss arising from civil disturbance.
12. Naturals disaster, flood, fire, wind damage
13. Any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.
14. The Hirer will sign to acknowledge receipt at delivery/handover. Any damage to the scooter must be agreed and noted on the Contract/delivery document at this time. Equipment defects should be reported to SMH immediately by telephone.
15. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to SMH and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
16. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the SMH operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs. The Hirer will immediately notify SMH of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-SMH Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
17. SMH has a fully comprehensive insurance policy in place, but in the event of a car crash or where our equipment is being transported by the hirer or in a case of lack of duty of care. The hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to SMH any insurance claim proceeds. This liability is without prejudice to any SMH rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of SMH.
18. The hirer must adhere to strict recharge policy, batteries must be put on charge if scooter has been used for more than thirty minuets or ten minutes of hill climbing.
5. SMH RESPONSIBILITIES
1. Hire rates
SMH will maintain the agreed hire rates for the duration of the Contract.
2. Safety and operating instructions
SMH will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
3. Testing and inspection of Equipment
SMH will comprehensively test all electrical systems on the scooter before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes SMH will substitute items of similar specification.
4. Limitation of liability
The liability of SMH for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above SMH will be liable for negligence or error in the performance of its obligations under the Contract.
6. DATA PROTECTION
We as a company do not hold any data outside of the contract of hire, we do not pass on ANY of your personal details to other companies or individuals. We out source card payments to a secure server and they abide by the data protection act. We may very occasionally contact you with special offers, please let us know if you wish us not to do so.
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