Hire agreement
The terms and conditions listed below apply to the
hire of equipment between you as "the Hirer" as hereinafter
defined and us "GGH" as hereinafter defined, these terms and
conditions do not affect your statutory rights as a consumer.
- Definitions
- "GGH" means Stuart Alexander Muir Simpson
and Mairi Simpson as the partners and trustees for the firm of GolfGearHire.com
having its principal place of business at 12 Eldindean Place, Bonnyrigg,
Midlothian EH19 2EY.
- "the Hirer" means the hirer as detailed
on the Order Form, where more than one person is specified as the hirer
then each and every person is joint and severally responsible for performance
of the contract as referred to in Condition 2 hereof.
- "Order Form" means the order form completed
by the Hirer and which refers to these terms and conditions which are
deemed to be incorporated therein.
- "hire" means the provision of equipment
by us to you for your use for an agreed period and at an agreed cost
and subject to these terms and conditions.
- "equipment" means the equipment let out
to the Hirer by GGH as detailed on the Order Form and subject to these
terms and conditions.
- Contract between GGH and the Hirer
- The Hirer must submit an Order Form to GGH in respect
of the equipment the Hirer wishes to hire, fully completed with all
the details requested by GGH.
- The Hirer must be aged 18 years or over. Those using
equipment must be 16 years or over.
- GGH must receive payment of the whole cost of the hire
before the Hirer's order can be accepted. Once payment has been received
by us we will confirm that your order has been accepted either by sending
an email to you at the email address you provide in the Order Form or
by fax to you at the fax number you provide on the order form or by
post to the postal address you provide in the order form. Our acceptance
of your order brings into existence a legally binding contract between
GGH and the Hirer.
- It is the Hirer's responsibility to ensure that all
the information given on the Order Form is complete and accurate. In
the event that the details given on the Order Form are incomplete, misleading
or incorrect, the Hirer will be responsible for any costs associated
in any remedial action required.
- In the event that the Hirer is a consumer as defined
in The Consumer Protection (Distance Selling) Regulations 2000 or any
re-enactment thereof then the Hirer has a right to cancel the contract
between GGH and the Hirer within a period of seven working days starting
on the day after the Hirer submits the Order Form. Written notice of
cancellation must be given by the Hirer to GGH in writing by fax, post
or email. GGH will return any payment made to the Hirer to GGH within
30 days of the date of the notice of cancellation. The right to cancel
shall not apply where the Hirer has accepted delivery of the equipment
and the period of the hire has commenced..
- Hire Period
- The hire period shall commence on the date of the delivery
of equipment to the Hirer and will terminate on the date of collection
of the equipment by GGH "the hire period". The date of delivery
and the date of collection shall be counted as whole hire days. If however
delivery of the equipment is made after 6pm then the date of delivery
shall be deemed to be the next day. The minimum hire period is one day
and the maximum hire period is eighty days.
- Hire charges
- The hire charge shall be payable in advance at the time the Hirer
receives the confirmation of availability email from GGH. The hire charge
is as set out in our website.
- In some circumstances delivery charges apply to
the delivery and collection of the equipment to the Hirer by GGH and
vice versa, these delivery charges are set out in our website. Delivery
charges shall be payable in advance at the time the hirer receives the
confirmation of availability email from GGH.
- If the Hirer does not make the equipment available
for collection on the date specified on the Order Form for collection,
the Hirer will be responsible for a further hire charge until the equipment
is collected by GGH. In the event that the Hirer returns the equipment
to GGH before the end of the agreed hire period, then GGH shall be entitled
to charge the hirer the full amount or a proportion of the hire charge
applicable to the agreed hire period as GGH deems appropriate.
- The hire charge is exclusive of any VAT that may
be chargeable.
- The hire charge will be applicable to Saturdays,
Sundays and Public Holidays.
- Delivery and collection of the equipment
- GGH will deliver the equipment specified by the
Hirer on the Order Form to the Hirer only to the address given to GGH
by the Hirer on the Order Form and on the date and within the time slot
specified by the Hirer on the Order Form for delivery. The Hirer must
produce proof of identity and address to GGH (in terms satisfactory
to GGH) at the time of delivery failing which GGH will have the right
to refuse delivery of the equipment.
- The Hirer will make available all the equipment
for collection by GGH at the address, date and time specified by the
Hirer on the Order Form provided that these collection details have
been approved by GGH in their acceptance of the Hirer's order.
- The Hirer's responsibilities
- It is the Hirer's responsibility to ensure that
the equipment ordered for hire is suitable for the Hirer's requirements.
It will be the Hirer's responsibility at the time of delivery of the
equipment to the Hirer to ensure that the equipment supplied corresponds
to the equipment ordered by the Hirer on the Order Form and is in suitable
condition. The Hirer will be asked at delivery to sign a delivery receipt
confirming (a) delivery of the equipment and (b) that the equipment
is in a suitable condition.
- If at delivery any of the equipment is found to
be faulty or does not correspond with the equipment ordered, this shall
be notified to GGH at the time of delivery. Failure to make timeous
notification shall mean that GGH shall have no liability to the Hirer.
On receipt of such notification GGH will use all reasonable endeavours
to provide suitable replacement equipment.
- Care of equipment
- The Hirer will be responsible for the care and
security of the equipment during the hire period. The equipment will
be under the control of the Hirer at all times from delivery to collection
and the Hirer shall ensure that the equipment is used safely and without
risk to health and is not used for any purpose for which it is not designed.
The equipment shall not be used by any person under the age of sixteen
years.
- The Hirer shall be responsible for and shall indemnify
GGH against all loss or damage caused by or to the equipment from whatever
cause.
- The Hirer is not permitted to take the equipment
to a location outwith the United Kingdom.
- The Hirer agrees to pay all costs incurred by GGH
in remedying any damage or cleaning of the equipment and hire charges
will continue until such rectification is complete.
- In the event of equipment failure we will use our
reasonable endeavours to repair or replace the equipment with the same
or similar specification equipment within one working day at no charge
to you.
- Should the equipment failure prove to be due to
the misuse, negligence or fault of the Hirer or its servants, agents
or associates then GGH reserves the right to pass on the repair costs
to you and under no circumstances shall the Hirer attempt any repairs
to the equipment.
- Ownership of equipment
- The equipment is and shall remain the sole property
of GGH and the Hirer shall not sell, pledge, hire or otherwise deal
with or part with possession of the equipment or any part thereof.
- Events beyond GGH's control
- GGH shall have no liability to the Hirer for any failure
to deliver the equipment or goods ordered by the Hirer or any delay
in doing so or for any damage or defect to equipment or goods that is
caused by any event or circumstance beyond GGH's reasonable control
including, without limitation, strikes, lock outs and other industrial
disputes, breakdown of systems or network access, flood, fire explosion
or accident.
- Termination
- GGH may terminate the contract with the Hirer if:-
- the Hirer is in breach of contract and/or of these
terms and conditions
- GGH have insufficient equipment and/or goods to fulfil the Hirer's
order made on the Order form or
- due to an operational reason
- If GGH does terminate the contract with the hirer GGH
will notify the hirer by email, fax or letter and will refund the hirer
the hire charge or the applicable proportion thereof. GGH will not be
obliged to offer any additional compensation for disappointment suffered.
- Privacy Policy
- The Hirer acknowledges and agrees to be bound by terms
of GGH's Privacy Policy.
- Additional services to the Hirer
- As an additional service to the Hirer, GGH has
from time to time goods available for purchase as detailed on GGH's
website and an order for same if required should be made on the Order
Form along with the details of the hire. All orders are subject to GGH's
approval and product availability and GGH reserve the right to change
prices on their website without prior notification. All goods advertised
on GGH's website are an invitation to the Hirer to make an offer to
purchase the goods from GGH and consequently acceptance of offers to
purchase goods only takes place when GGH accept the order detailed on
the Order Form as referred to in Condition 2 hereof.
- Any goods purchased by the Hirer will be delivered
along with the equipment at the start of the hire period. Payment for
said goods is to be made by the Hirer in advance along with the hire
charge as detailed in Condition 4 hereof.
- Right to Cancel goods
- The Hirer may cancel its contract with GGH insofar
as it relates to the purchase of goods referred to in Condition 12 hereof
in accordance with statutory rights within the United Kingdom. This
statutory right of cancellation starts on the date the Hirer submits
the Order Form and expires at the end of seven working days from the
day after the date the Hirer receives the ordered goods. The Hirer does
not need to give GGH any reason for cancelling the contract relating
to the purchase of goods nor will there be any penalty for cancellation.
- To cancel the contract for the purchase of goods
notification must be given in writing to GGH.
- If the Hirer has received the goods before the
Hirer cancels the contract for the purchase of the goods then the Hirer
must send the goods back to GGH's address at the Hirer's own cost and
risk within twenty one days of the date of cancellation.
- Once the Hirer has notified GGH that the Hirer
is cancelling his contract then any sum paid for the goods will be refunded
to the Hirer as soon as possible and in any event within 30 days of
the Hirer's cancellation PROVIDED THAT the goods in question are returned
by the Hirer and received by GGH in the condition they were delivered
to the Hirer. If the Hirer does not return the goods delivered to GGH
or does not pay the costs of delivery, GGH shall be entitled to deduct
the direct costs of receiving the goods from the amount to be re-credited
to the Hirer.
- General Terms
- Should any of these terms and conditions be held to
be unenforceable or invalid (including any provision in which GGH excludes
it liability to the Hirer), the validity of the remaining terms and
conditions will remain unaffected and shall be in full force and effect.
No waiver of any right or breach by us under these terms and conditions
shall be effective unless in writing and signed by one of GGH's partners.
- Save as precluded by law, GGH will not be liable
to the Hirer for any indirect or consequential loss, damage or expenses
(including loss of profits, business or goodwill) howsoever arising
out of any problems the Hirer notifies to GGH and GGH shall have no
liability to pay any money to the Hirer by way of compensation other
than to refund to the Hirer the amount paid by the Hirer for the Hire
Charge.
- Notwithstanding the foregoing, nothing in these
Terms and Conditions is intended to limit any rights the Hirer might
have as a consumer under applicable local law or other statutory rights
that may not be excluded nor in any way to exclude or limit GGH's liability
to the Hirer for any death or personal injury resulting from GGH's negligence.
- Governing Law & Jurisdiction
- The construction, validity and performance of these
terms and conditions in any dispute arising from them shall be governed
by the laws of Scotland and the Scottish Courts shall have jurisdiction
in any disputes between the parties hereto.
- Entire Agreement
- These terms and conditions, together with our current
website prices, Order Form, delivery details, contact details and privacy
policy, set out the whole of the agreement relating to the hire of the
equipment or to the supply of goods to the Hirer by GGH. Nothing said
by any sales person on GGH's behalf should be understood as a variation
of these terms and conditions or as an authorised representation about
the equipment or the nature or quality of any goods ordered for sale
by GGH. Save for fraud or fraudulent misrepresentation, GGH shall have
no liability for any such representation being untrue or misleading.
Postal Address: 12 Eldindean Place, Bonnyrigg, Midlothian, EH19 2EY, UK
Phone: +44 (0)786 078 8804