CONDITIONS FOR HIRE OF EQUIPMENT TO CONSUMERS
1.1 In these conditions the following words have the following meanings: "Contract" means the contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Equipment; "Customer" means the person named in the Contract who is hiring the Equipment; "Deposit" means any advance payment required by the Supplier in relation to the Equipment which is to be held as security by the Supplier; "Equipment" means the equipment specified in the Contract which is hired to the Customer; "Hire Period" means the period commencing when the Customer holds the Equipment on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Equipment by the Customer into the Supplier's possession; or (ii) the physical repossession or collection of Equipment by the Supplier; or (c) the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5; "Minimum Period" means a period of 2 months from the date on which the Customer first receives the Equipment at the beginning of the Hire Period. "Rental" means the Supplier's charging rate for the hire of the Equipment which is current from time to time during the Hire Period; "Supplier" means Kudos-wheels.co.uk will include its employees, servants, agents and/or any duly authorised representatives; "Services" means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Equipment including any delivery and/or collection service for the Equipment. "Working Days" means all days other than Saturday, Sunday and public holidays.
2 BASIS OF CONTRACT
2.1 The Equipment is hired subject to being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due to circumstances beyond the Supplier's control.
2.2 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
3.1 The Customer shall pay the Deposit (if any), the Rental, and charges for any Services to the Supplier at the time and in the manner stated in the Contract.
3.2 The Supplier's prices are, unless otherwise stated, inclusive of any applicable VAT.
3.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. If the Customer fails to make any payment in full on the due date the Supplier may (i) charge the Customer a collections administration fee for each month or part month that the Customer's account is overdue, (ii) terminate the Contract and take such action as is necessary to recover the Equipment and/or any sums owing, and (iii) charge the Customer the reasonable costs incurred by the Supplier in recovering unpaid sums and/or the Equipment, including fees paid to tracing, collections, and legal agents.
3.4 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Customer exceeding its credit limit, or if the credit limit is already exceeded.
3.5 The Rental shall be payable up to the date on which the Equipment is returned to or repossessed by the Supplier, and shall be calculated on a daily basis (equal to 1/7th of the weekly Rental) from the date notice of termination is given to the end of the Hire Period. If the Customer has failed to return the Equipment within 30 days from notice of termination the Supplier may charge the Customer the full replacement cost for the Equipment unless the Customer can provide actual proof of postage prior to that date.
3.6 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Equipment as a form of deposit, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
3.7 Payment of regular rental payments by credit or debit will incur no extra charge.
4 RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the Equipment will pass to the Customer when they are collected or received by the Customer, unless the Customer has arranged for delivery in which case risk in the Equipment shall pass to the Customer when they leave the physical possession or control of the Supplier.
4.2 Risk in the Equipment will not pass back to the Supplier from the Customer until the Equipment is back in the physical possession or control of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Equipment remains at all times with the Supplier. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer.
4.4 The Customer must not deal with the ownership or any interest in the Equipment. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
4.5 The Supplier may provide reasonably priced insurance in respect of the Equipment at an additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Equipment on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Equipment shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Equipment and/or any associated insurance without the Supplier's written consent.
4.5 Insurance cover is subject to an excess of £250 which will be collected in the form of a security deposit upon the start of the rental.
4.6 The customer may purchase Damage Liability Reduction which reduces the insurance excess from £250 to £0. Damage Liability Reduction can be purchased at a rate of £10 for each day of the rental.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to receive the Equipment from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Equipment to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Any delivery date quoted by the Supplier will be an estimate only and is neither guaranteed nor an essential term or condition of this Contract.
5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer's instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
5.3 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier's additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
6 CARE OF EQUIPMENT
6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them and shall take reasonable care of the Equipment and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Equipment;
6.1.3 take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier's request provide details of the location of the Equipment;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Equipment including procuring access to any property where the Equipment is situated;
6.1.6 keep the Equipment at all times in its possession and control and not to remove the Equipment from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Equipment;
6.1.9 not continue to use the Equipment where it has been damaged and will notify the Supplier immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person; and:
6.2 The Equipment must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all user manuals relating to the Equipment.
7 FAULTY EQUIPMENT
7.1 The Customer must not repair or attempt to repair the Equipment.
7.2 It is the Customer's responsibility to inspect the Equipment immediately upon receipt and inform the Supplier of any damage or faults.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Equipment during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Equipment. The Supplier may at its option choose to replace the Equipment if the cost of repair is not economically viable.
7.4 The Supplier shall not be liable repair or replace the Equipment in the event of a fault that is caused by the Customer, including but not limited to the Customer's failure to use the Equipment in accordance with the operating instructions supplied with it or the Customer's failure to comply with any instructions given to it by the Supplier.
7.5 If the Equipment is unusable due to an inherent fault the Customer will be granted a Rental credit in respect of the period between the date on which it notifies the Supplier of the fault and the date of repair or replacement.
8 LOSS OR DAMAGE TO THE EQUIPMENT
8.1 If the Equipment is returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Equipment the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire.
8.2 The Customer will pay to the Supplier the replacement cost of any Equipment which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with this Contract or deposit paid.
8.3 The Customer shall pay the Rental for the Equipment up to and including the date they notify the Supplier that the Equipment have been lost, stolen and/or damaged beyond economic repair.
9.1 The Customer shall have the right to cancel the Contract without penalty by giving written notice to the Supplier within 7 Working Days of the date on which the Customer receives the Equipment. If the Customer gives notice to cancel under this Section 9.1 it shall receive a full refund of any sums paid in advance within 7 days of the date on which the Supplier regains possession or control of the Equipment.
9.2 Subject to the Customer's right to cancel Section 9.1 and the provisions of Section 10, either the Customer or the Supplier may terminate this Contract on 14 days' written notice expiring at the end of, or at any time after, the Minimum Period.
9.3 Notwithstanding notice of termination from Customer, the Hire Period will only end when the Equipment is returned to or repossessed by the Supplier, or the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5.
10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
10.1.3 is rude, abusive or threatening to the Supplier's directors or employees;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Equipment or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
10.1.6 appears reasonably to the Supplier due to the Customer's credit rating to be financially inadequate to meet its obligations under the Contract; and/or
10.1.7 appears reasonably to the Supplier to be about to suffer any of the above events then the Supplier may immediately cancel, terminate and/or suspend the Contract by written notice to the Customer.
10.2 Any repossession of the Equipment shall not affect the Supplier's right to recover from the Customer any monies due under the Contract.
10.3 Upon termination of the Contract the Customer shall immediately:
10.3.1 return the Equipment to the Supplier or make the Equipment available for collection by the Supplier as requested by the Supplier; and
10.3.2 pay to the Supplier all arrears of Rentals and Charges for any Services.
11.1 Upon termination of the Contract the provisions of Sections 3, 4, 6 and 8 shall continue in full force and effect.
11.2 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Equipment. Such finance company shall, subject to the Supplier's consent, have the right to enforce this Contract as if they were the Supplier.
11.3 This Contract is governed by and interpreted in accordance with English law and the English courts have exclusive jurisdiction in relation to any dispute arising out of or in connection with this Contract.
It is important that you carefully read these terms and conditions of use before you register with Kudos-Wheels because your use of our website is subject to them.
1. Terms and Conditions of Sale
Thank you for using Kudos-Wheels.co.uk. We provide services to you through our website and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. When you use our website or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions. These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
2. Description of Services
You are able to benefit by using our web site from a large number of online services and resources which include information, directories, online retailing, and any other services which we may add from time to time. We also may remove certain services from our website. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services. We may discontinue providing certain or all of the services on all or part of the website at our discretion and without notice to you. We will, however, endeavour to let you know of this via our site.
Certain services are only available if you complete the registration process. By completing the registration process, you are stating that you are at least eighteen years of age or a minor with parental consent to use our web site. Please note: All minors are recommended to discuss these terms and conditions with their parents before completing the registration process. In return for you using our website and benefiting from our services, you agree to: provide true, accurate, current and complete information about yourself where required in the registration form, and to ensure that this information is kept accurate, complete and up to date. Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
4. Code of Conduct
You are responsible for anything which you transmit or receive to, from or via or post on our web site. We do not control or screen the content of what is posted to, from or via our web site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use our website or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users. You are not permitted to transmit to, from or via or post on our web site anything which you do not have a clear right to use. You must ensure that you do not transmit or post on our website any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything which may disrupt in any way the operation of our website and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our website and our services by any other user. Other than as expressly permitted, by us, you are not permitted to use our website to engage in any commercial activity of any form. We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our website which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this. We may record preserve and disclose anything which has been transmitted to, from or via or posted on our website and the services, where required by law or where we are acting in good faith.
5. Proprietary Rights and Licences
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws. We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the website and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. When you transmit or post any material to or on our web site, you grant to us non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
6. Advertisements and Promotions
We may use our website or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
7. External Links
We may provide or third parties may provide links or other websites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
8. Disclaimer of Warranties
You agree that:
8.1: your use of the website and our services is at your sole risk. The website and services are provided on an as is and as available basis. We expressly disclaim all warranties of any kind, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights;
8.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the website and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the website results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
8.3: no advice or information, whether oral or written, obtained by you through or from the website or from our services will create any warranty not expressly stated in these terms and conditions.
You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our website or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
10. Limitation of Liability
To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the website; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions or other terms and conditions that relate to our other goods and/ or services we provide); (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties. You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed £100 GBP British pounds that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
11. Use and Storage
We may establish general practices and limits concerning the use of the website and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our website. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
12. Suspension and Termination
We may in our sole discretion suspend and/ or terminate registration or use of our website or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our website and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently). Data and certain other information you provide is subject to the term of our Privacy Statement, which can be accessed by clicking on the privacy statement link at the top navigation of every page. If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term. You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services. These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.
Please contact us if you would like to return any unwanted or unsuitable products. We will provide an exchange or refund, whichever you prefer. You should cancel your order within 7 working days of delivery of the item. Items should be returned, preferably with the original packaging, within 30 days. Please note that it is your responsibility to pay for the return postage costs. Your statutory rights are not affected.
Right to Cancel
The Consumer Protection (Distance Selling) Regulations 2000 which came into force on 31 October 2000 provide statutory backing for the good business practices which Kudos-Wheels already observe. The regulations allow a consumer to return any products (except custom orders) ordered by mail / phone / fax or internet from Kudos-Wheels within seven working days (starting the day after delivery) for a full refund.
If you have a problem we will do our best to sort it out. Most items carry a one year warranty and certain items come with more, so check the literature supplied to see what terms apply.
We will generally replace defective merchandise within the first 30 days and repair or replace at our discretion after then. Some manufacturers ask that you deal direct with them for warranty issues so it is important that you contact us prior to returning any products. You will be responsible for the return postage costs.