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Terms & Conditions - Legalese Version

ROQSOLID Renta-A-Cover Terms & Conditions

1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. “We” and “Us” mean the supplier of the hired cover. “You” means the person, firm, company, corporation or public authority or body to whom we supply the cover on hire. “Cover” means the hired items referred to in the Contract. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.

2. BASIS OF CHARGING
You will pay the hire charges stated in the Contract. Hire charges will begin at the time stated in the Contract and will continue during the period of hire until we have given you a collection or off-hire date or number, or until you have restored the cover to us in a clean and serviceable condition. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable in advance. If payment is not made when order placed, we will hold the booking for a maximum of 24 hours whereafter it will be voided. On return of the cover, the difference between the hire charge for the period  of the hire, and the original amount paid will be refunded within a maximum of 48 hours of the receipt of the cover back at the factory, to give them time to inspect it.

3. DELIVERY AND CARRIAGE CHARGES
Hire charges do not include carriage. Charges for delivering or collecting cover are payable in advance at the time of placing the order. Where we quote carriage charges, these include only the address(es) you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions. You should satisfy yourself of the suitability of the cover for your purposes prior to placing your order. As we hire these covers out regularly, time is  of the essence in relation to delivery or collection. Dates elected by you must be adhered to. Should any extension be required it must be requested at least 48 hours prior to the collection date.

4. RISK AND TITLE TO cover
The ownership of the cover will remain with us. For the duration of the hire you will hold the cover on our behalf and will be under an obligation to return the cover to us unless otherwise agreed in writing.

5. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.

6. SAFETY AND INSTRUCTIONS
It is your responsibility to make sure that all people who use the cover are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You are responsible for ensuring that any checks, testing, examinations of the cover required by Employment and Health and Safety Legislation, and/or any operating instructions we provide are carried out immediately after delivery and for so long as the cover remains under your control. You specifically acknowledge and agree that where an examination is to be carried out in accordance with any statutory regulations it is your responsibility to ensure that any examination is carried out within the prescribed inspection interval. As far as possible you must ensure that the cover is not misused.

7. WHEN YOUR SIGNATURE FOR RECEIPT OF cover BECOMES EFFECTIVE
Where for administrative convenience, you or your agent are requested by us to sign a receipt for the cover before it is handed over, you or your agent will be given the opportunity to examine the cover when it is physically handed over to you or your agent. The receipt will not be effective until immediately after the physical handover.

8. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
(i) You will be responsible for the loading and unloading of the cover at the address specified by you. You will also be responsible for the loading and unloading of the cover at our premises when the cover is transported by you or your agent. If we supply any person to assist you, he will be under your control at such times.
(ii) Your responsibility for the cover begins when you or your agent receive the cover. If it is delivered to you your responsibility begins on delivery. Your responsibilities include safekeeping of the cover, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the cover or making clear arrangements with us for the collection of the cover at the end of hire. Your responsibility ends only when the cover has been returned or collected and you have our unqualified receipt for all of the cover. You must not sell or otherwise part with control of the cover.
(iii) For the purposes of smoke free legislation you control and manage the cover under these terms and conditions, you must comply with the smoke free legislation. You will indemnify us for any loss or damage caused by you failing to comply with the smoke free legislation.
(iv) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the cover itself, which is governed by Conditions 15 and 16) arising out of the delivery, use, non-use, repossession, collection or return of the cover or any part of it.
(v) You should not remove, deface or cover up the name plates or marks which we have placed on cover, which indicates that it is the property that belongs to us. Nor will you deface, alter or cover up any notices giving warnings, information or instructions about the use of the cover. You must take all reasonable, adequate and proper measures to protect the cover from vandalism and any other damage including, but not limited to, damage caused by adverse weather conditions.

9. ENVIRONMENTAL
You are responsible for all environmental consequences and environmental impact caused as a result of your use of the cover, however so occurring. You will keep us indemnified from any claims made against us by third parties relating to environmental contamination or emissions or any other environmental issue caused by the cover during your period of hire.

10. MAINTENANCE OF cover, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING
You must throughout the period of the Contract take good care of the cover and keep yourself acquainted with the state and condition of the cover, ensuring that it remains safe, serviceable and clean; and under no circumstances must you make or endeavour to make any repairs, alterations or additions to the cover or any part thereof nor permit any other person to do so without our prior written consent. You must notify us immediately if the cover is involved in any accident resulting in damage to the cover or to other property, or injury to any person.  You will be responsible for the expense arising from any damages to the cover unless it is deemed by us to have been caused by an inherent fault in the cover, normal running repairs or fair wear and tear. You shall be responsible for all loss and damage incurred by us including but not limited to that caused by your negligent misdirection or misuse of the cover whether by you or your employees or agents. You shall be responsible for all hire fees during such time as the cover is idle due to such a breakdown.

11. LIMITS OF OUR LIABILITY
(i) We will not be liable for any delays caused by any circumstances beyond our reasonable control.
(ii) We will not be liable for any indirect consequential or special loss, loss of business, profits, goodwill, contracts, revenues, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the cover or any part of it, even if you have advised us of the possibility of such loss or damage.
(iii) Nothing in these terms and conditions shall exclude us from liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other type of liability which cannot be excluded or limited by operation of law.
(iv) Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Charges or the sum of £1,000, whichever is the higher, under that Contract. To the extent that any of our Liability to you would be met by our insurance then our Liability shall be extended to the extent that such Liability is met by such insurance.
(v) This clause will survive termination or expiry of these terms and conditions.

12. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED cover
You will pay to us the replacement cost of any cover which is lost or stolen or damaged beyond economic repair. You are advised to insure the cover on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the cover. You must not compromise any claim without our express consent.

13. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN cover
(i) You have full responsibility for the care, safekeeping and return in good order of the cover.
(ii) You will pay to us all costs we incur in rectifying any cover returned damaged or unclean. Additionally you will pay for our financial loss until such rectification is complete.     (iii) Where a cover is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.

14. FORCE MAJEURE
Neither party to the Contract shall be under any Liability for any failure to perform any of their respective obligations as a result of Force Majeure, other than your obligation to make any payment hereunder. Following notification by one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this Clause, "Force Majeure" means fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.

15. TERMINATION OF HIRE
We will be entitled at any time if you break this Contract or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to consider the deposit paid as payment in full and ownership of the cover will transfer to you. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.

16. OUR RIGHTS OF ACCESS
You authorise us to enter any land or premises where we reasonably believe any cover to be, in order to inspect, test, repair, replace or repossess it.

17. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.

18. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.

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