Equipment Hire Terms & Conditions

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Terms and Conditions will apply to any contract between Tyne & Wear Sport and the individual/organisation hiring the equipment from us. Please read these Terms and Conditions carefully and make sure that you understand them, before placing an order from the site.
1.    Definitions
1.1.          Tyne & Wear Sport is hereinafter referred to as the “owner”.
1.2.          The person/organisation making payment to hire equipment is hereinafter referred to as the “hirer”. 
1.3.          “the contract” means the contract between the owner and the hirer for the rental of the equipment as set out in these terms
1.4.          “equipment” means the equipment which is provided to the hirer
1.5.          “terms” means the order and the terms and conditions set out herein.
2.    Equipment
2.1.          The descriptions and images of the equipment are for illustrative purposes only; every effort has been made to describe the features and dimensions fairly.
3.    Contract Formation
3.1.          After an order has been placed, the hirer will receive an e-mail acknowledgment. The acknowledgement does not mean that an order has been accepted.  The hirer will receive further confirmation that an order has been accepted
4.    Rental period and Eligibility
4.1.          The minimum rental is for 1 day unless otherwise agreed
4.2.          The hirer may only hire equipment if they are at least 18 years old.
5.    Rental Charges
5.1.          All fees must be paid before the start of the rental period.
5.2.          If the hirer does not make the equipment available at the agreed collection time, the hirer shall be responsible for the additional rental fee plus a 20% late fee until the equipment is collected by the owner.
6.    Payment
6.1.          Failure to pay the hire fee in advance may, at the discretion of the owner, result in the termination of the contract.
6.2.          The owner reserves the right to charge an administration fee of £40.00 in respect of each late payment of an invoice.
6.3.          A full refund from the owner to the hirer will be paid if more than 7 days’ notice of cancellation is provided. Cancellations less than 7 days will receive no refund.
7.    Acceptance
7.1.          The hirer shall be responsible for checking that the equipment supplied by the owner corresponds to the order and is in working order. Any part of the equipment found to be faulty, or not found to correspond with the order, shall be notified to the owner within one working day of receipt of the equipment.
8.    Suitability
8.1.          It is the hirer’s responsibility to ensure that the equipment is compatible with existing installations, and is suitable for all of the hirer’s requirements.
9.    Responsibilities of Hirer
9.1.          The hirer will ensure that the equipment is used safely and by the appropriate age range as included within the equipment guide provided.
9.2.          The hirer shall during the contract:
9.2.1.           ensure that the equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by competent persons in accordance with the operating instructions provided.
9.2.2.           take such steps (including compliance with all safety and usage instructions provided by the owner) as may be necessary to ensure, so far as is reasonably practicable, that the equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained;
9.2.3.           be responsible for loss of, or damage to, or caused by, the equipment (or any part thereof);
9.2.4.           not use the equipment for any unlawful purpose 
9.2.5.           ensure that at all times the equipment remains identifiable as being the owner's property
9.2.6.           not alter/remove any of the existing components of the equipment;
10.  Insurance
10.1.       Should any loss or damage to the equipment be incurred whilst in possession of the hirer the owner may seek to claim all or part of the cost to replace or repair the equipment.  
10.2.       Risk in the equipment passes on delivery and remains the hirer’s sole risk during the rental period. Accordingly, the hirer undertakes during the rental period to insure and keep the equipment insured under a fully comprehensive policy at the hirer’s expense to its full replacement value with a reputable insurer chosen by the hirer. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which this contract relates.
10.3.       The hirer must notify the owner promptly of any loss of or damage to the equipment and hold any insurance moneys received by the hirer in trust for the owner.
10.4.       The hirer irrevocably authorises the owner to negotiate with the insurers to settle any insurance claim and to receive the insurance moneys.
10.5.       Any loss of or damage to the equipment shall not affect the continuance of this contract.
11. Equipment Location
11.1.       The location of the equipment, during the rental, should remain at the delivery address and should only be relocated after the hirer has obtained the prior written consent of the owner
11.2.       The owner will be granted access to the premises by the hirer at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the equipment under the terms stipulated herein.
12. Modification to Equipment
12.1.       The equipment shall not be altered, modified or adjusted, defaced or repaired by the hirer. The owner shall be entitled to pursue the hirer for the full replacement cost of the equipment for failure to comply with this.
13.  Care of Equipment
13.1.       The hirer shall not subject the equipment to any misuse or wear and tear over that which is consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations. The hirer undertakes not to remove or interfere with any identification marks affixed to the equipment, or to deface or add to the equipment.
13.2.       The equipment must be returned in a clean and good condition.
14. Maintenance
14.1.       In the event of equipment failure due to misuse or the fault of the hirer, the owner reserves the right to pass on the repair costs and engineering charges to the hirer. Under no circumstances shall the hirer attempt any repairs.
14.2.       The hirer is responsible for the day to day adjustment and care of the equipment
15. Liability
15.1.       The hirer acknowledges that the owner or its representatives are not qualified to advise the hirer on any aspects of physical exercise or personal health. The hirer and all participants using the equipment should consult his/her doctor before undertaking in any strenuous exercise or utilising the equipment.
16. Ownership
16.1.       The equipment is and shall remain the sole property of the owner and the hirer shall have no right, title or interest in or to the equipment (save the right to possession and use of the equipment subject to these terms).
16.2.       The hirer shall not sell, offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the equipment.
17. Delivery & Collection
17.1.       Delivery and collection of the equipment will be arranged by the owner and the cost will be included in, or listed alongside, the hire fee. The hirer is responsible for moving the equipment from/to the agreed delivery/collection point.
18. Force Majeure
18.1.       A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
  • beyond the reasonable control of a party,
  • materially affects the performance of any of its obligations under this agreement, and
  • could not reasonably have been foreseen or provided against.
19. Assignment
19.1.       The hirer may not transfer any of its rights or obligations under these terms to another person without the owner’s prior written consent. The owner can transfer all or any of its rights and obligations under these terms at any time.