TERMS AND CONDITIONS – Rental Scheme
1. Hire of goods and your acknowledgement and warranty
We agree to hire to you, and you agree to take on hire, the goods (subject to clause 8c) from the date of this agreement until the expiry of the Fixed Term (subject to the period of notice under clause 8b).
2. Payment by you
a) You agree to pay us the monthly rentals in the amounts and at the times shown over the page.
b) It is essential that you make all the payments in full and on time by direct debit.
3. Change of address
You must let us know, in writing, within seven days about any change of your address.
4. Caring for the goods
You must use the goods carefully and properly and must keep the goods in good working order and condition. You must operate and maintain the goods according to instructions given by Our representatives and shall not allow any person to modify the instrument in any way.
In the event that the instrument develops a fault this should be reported to us and the instrument should be returned to us, at your cost, at Unit 3, Ryknild Industrial Estate, Derby Road, Burton-upon-Trent, DE14 1RZ or such other address as we may notify you from time to time. We will make arrangements to repair the instrument at our cost where any fault has not arisen from your wilful neglect or from damage. You shall not allow any repair alteration modification or replacement of component parts to be effected other than by the Our accredited representative.
5. Ownership of the goods
The goods will be our property at all times, and you must not sell or dispose of them. Provided that you have performed all of your obligations under this agreement, at the expiration of the Fixed Term we will agree to transfer property in the goods to a third party and procure that it sells the goods to you for an amount no greater than the sum of rentals that we have received from you under this agreement which we will pay to the third party on your behalf.
6. Insuring the goods
You must insure the goods and keep them insured with a reputable insurer against any and all loss of, or damage to, the goods (however it is caused) and cause our interest in the goods to be noted on the insurance policy.
7. Default interest and other enforcement rights
a) If you fail to pay us any amount you owe us under this agreement by the date it is due, we may charge you interest on that amount until you pay it. We will charge you interest at the daily rate of 4% above the rate set at any time by The Royal Bank of Scotland PLC as the bank base rate. We may charge this interest even after we have received a court judgment against you.
b) You agree to pay us any charges or costs shown in ‘Key Information’ over the page which may become payable by you, including our reasonable legal costs for enforcing this agreement.
8. Right to end this agreement
a) The Consumer Credit Act 1974 gives you the right to end this agreement by writing to us and giving us at least one month’s notice provided that the agreement has been allowed to run for 18 months including the period of notice. In addition to your rights under the Act you have the right to end this agreement provided that you have paid us at least three Monthly Rentals and that the goods are returned to us in sound condition at Unit 3, Ryknild Industrial Estate, Derby Road, Burton-upon-Trent, DE14 1RZ or such other address as we may notify you of from time to time, and that payments due to us under this agreement at the date that goods are returned are up to date.
b) You or we may end this agreement by giving the other one month’s notice in writing to expire on, or after, the last day of the Fixed Term of hire. You must then return the goods to us at Unit 3, Ryknild Industrial Estate, Derby Road, Burton-upon-Trent, DE14 1RZ or such other address as we may notify you of from time to time.
c) We will assume that you refuse to comply with the terms and conditions of this agreement, and we will be entitled to end this agreement and take the goods back after giving you a ‘default notice’, if:
i) you break any of the clauses 2, 5 or 6 of this agreement or commit any other material breach of your obligations under this agreement;
ii) you provided false information to enter into this agreement;
iii) the goods are destroyed or treated as a total loss under any insurance claim;
iv) you have done something which would allow any of your belongings, property, income or savings to be legally removed to pay off any of your debts; or
v) a statutory demand is served upon you and is not paid by you within 21 days, steps are taken to declare you bankrupt, you take steps to enter into any arrangement or debt management plan with your creditors, a bailiff or other officer controls or seizes the goods or any of your goods following a court order, or the landlord of the premises where the goods are normally situated threatens, or takes steps, to seize or in any other way control the goods or any of your goods.
9. Your liability if we end the agreement
a) If you or we end the agreement under clause 8 you must pay us all rentals due up to the date this agreement ends.
b) If we end this agreement under clause 8c) before the end of the Fixed Term of hire, you must pay us all rentals due up to the date that this agreement ends plus the total of the remaining rentals which would have become due up to the end of the Fixed Term of hire had we not ended the agreement, less any rentals we receive by re-letting the goods for the remainder of the Fixed Term of hire, and less any other deductions we consider reasonable.
10. General conditions
a) ‘Goods’ means the goods described over the page and includes any replacements, renewals and additions we or any insurers have agreed to.
b) References to any Act or regulation includes any amendments to that Act or regulation.
c) If at any time we allow you to do something which is against any of the terms and conditions of this agreement, this will not prevent us from insisting that you strictly follow the terms and conditions at any later time.
d) We may transfer our rights and responsibilities under this agreement to another person. This will not take away any of your rights or responsibilities under this agreement. You may not transfer any of your rights or responsibilities under this agreement to another person.
e) English law will apply to this agreement. If you entered into this agreement in Scotland, words that are not in current use in Scotland will have their nearest equivalent meanings.
11. When this agreement comes into force
This agreement will only come into force when we have approved it and despatched your instrument.
12. Rights of other people
Nothing in this agreement will give any person, other than you or us (or anyone who takes over from us or any person we have transferred our rights to under this agreement), any rights under this agreement.
Use of your information
In considering whether to enter into this agreement we will search your records at credit reference agencies. They will add, to your record about you, details of our search and your application and this will be seen by other organisations that make searches. This and other information about you and those with whom you are linked financially may be used to make credit decisions about you and those with whom you are financially linked. We may use a credit scoring or other automated decision making system. We will also add to your record with the credit reference agencies details of your agreement with us, any payments you make under it and any default or failure to keep to its terms.
These records will be shared with other organisations and may be used and searched by us and them to:
• consider applications for credit related services, such as insurance, for you and any associated person;
• trace debtors, recover debts, prevent or detect money laundering and fraud, and to manage your account(s).
It is important that you provide us with accurate information. We may check your details with fraud prevention agencies and if you provide false or inaccurate information or we suspect fraud, this information may be recorded.
Fraud prevention agency records will be shared with other organisations to help make decisions on credit, motor, household, life and other insurance proposals or claims for you and members of your household.
We will use personal information about you which we acquire in connection with any application you make to us, or any agreement you enter into with us, to manage your agreement and for statistical or market research purposes. If we transfer, charge or assign your agreement to a third party or if we employ a third party to manage any aspect of your account, we will pass relevant information about you to them.
Please telephone or write to us at the telephone number/address stated overleaf if you want to have details of the credit reference agencies or any other agencies from whom we obtain, and to whom we pass, information about you.
You have a legal right to these details. You have a right to receive a copy of the information that we hold about you. A fee may be payable.
Use of associated records
Before entering into this agreement we may search records at credit reference agencies, which may be linked to your spouse, partner, or other persons with whom you are linked financially. For the purposes of any application for this agreement you may be treated as financially linked and you will be assessed with reference to “associated records”.
Where any search or application is completed or agreement entered into involving joint parties, you both consent to us recording details at credit reference agencies. As a result an ‘association’ will be created which will link your financial records and your associate’s information may be taken into account when a future search is made by us or another lender unless you file a “disassociation” at the credit reference agency.
Data Protection Policy
For further information on how we process and store your data please view our Data Protection Policy here.