These Terms and Conditions shall apply to the contract made on the date set out in the Schedule for the provision of the equipment set out in the Schedule by us, Baptistry UK of Units 3-4 Llanfyllin Enterprise Park, Llanfyllin, Powys SY22 5DD to you the person, firm, company or other party named in the Schedule, to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document. If you are a private person hiring the equipment for private use you will be described where appropriate as the “consumer”.
All orders for equipment shall be deemed to be an offer by you to hire the equipment pursuant to these Conditions. Orders may be placed by writing, via our website, telephone or fax.
Acceptance by us in the form of an order confirmation which may be oral or written shall be deemed conclusive evidence of your acceptance of these Conditions. Any variation to these Conditions (including any special terms and conditions agreed between us) shall be inapplicable unless agreed in writing by us.
1. Hire Details
The hire fee for the equipment shall be as set out in the Schedule and this shall be payable at the time of making the booking.
The hire period shall be as set out in the Schedule. If you wish to extend the hire period, please let us know and if possible we will extend the hire period, however we reserve the right to increase the hire fee to take account of the increased hire period.
In addition to the hire fee, you shall also be required to pay the bond fee as set out in the schedule. The bond fee will be returned to you provided the equipment is returned on or before the expiry of the hire period and in a fit state (and any additional agreed rents and/or carriage charges have been paid to the owner). In the event of a breach of the Agreement the owner may deduct compensation from the bond.
We may also charge a delivery and collection fee which will be as set out in the Schedule. This fee will cover the delivery of the equipment to the location set out in the Schedule and its subsequent collection at the end of the hire period for return to us.
We reserve the right, by giving notice to you at any time before delivery, to increase the above fees to reflect any increase in cost to us which is due to any factor beyond our control (such as, without limitation, significant increases in the cost of couriers), any change in delivery dates or equipment which is requested by you or any delay caused by any of your instructions or your failure to give us adequate information or instructions.
2. Delivery & Return
Delivery of the equipment shall take place on the delivery date specified in the Schedule. The delivery date shall be the time at which we make the equipment available to a third party courier for onward delivery to you.
Delivery shall only be effected once we have received your payment in respect of all the above fees.
Any dates quoted for delivery of the equipment are approximate only and we shall not be liable for any delay in delivery of the equipment however caused. Time for delivery shall not be of the essence. The equipment may be delivered in advance of the delivery date upon giving reasonable notice to you.
If you fail to take delivery of the equipment (which includes but without limitation having sufficient able bodied people present to receive and move the equipment, or not having a staffed address within the hours of 9am to 5pm Monday to Friday) or you fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then without prejudice to any other right or remedy to us, we may abort the delivery and store the equipment until actual delivery and charge you the fees as though delivery had taken place.
The equipment must be carefully packaged for the return journey to us. Especial CAUTION needs to be taken with the liner and heater.
You must ensure the equipment can be collected within the hours of 9am to 5pm on the day of collection, which is notified in the schedule.
If you wish to cancel or amend any order or reschedule a delivery you must inform us in writing at the earliest opportunity. We will endeavour to accommodate your wishes however we reserve the right to refuse to cancel, amend or reschedule any order once the order has been confirmed as we may have prepared the equipment for you.
Consumers may cancel any order placed (whether or not confirmed) at any time within 7 working days beginning with the day after the day on which the consumer receives the equipment and receive a refund of the hire fee. To cancel any order, the Consumer must inform us of such cancellation in writing, return the equipment in their delivered condition (including the packaging and un-used) immediately and at your sole cost and risk. Any statutory consumer rights are unaffected by these Conditions. For the avoidance of doubt this clause will not apply where the equipment has been set up or installed prior to you seeking to cancel the order as the equipment may no longer be clean and sterile.
No order which has been accepted by us may be cancelled by you except with our agreement in writing and on such terms that you will indemnify us in full and against all loss (including loss of profit), costs (including the full cost of delivery including cancellation of courier charges), damage, charges and expenses incurred by us as a result of such cancellation. In any event we shall charge the amount of £30 providing the equipment has not been passed to a third party courier for delivery to you.
The equipment shall be under your control at all times from delivery until return and you shall ensure the equipment are used safely and without risk to health and are used solely for the purpose for which they are designed. You must follow any instructions supplied with the equipment including relating to its construction, use and packaging.
We cannot be responsible for any damage, injury, losses or complications whatsoever resulting from any improper use of the equipment or for any damage that may result to property.
5 Defects / Damage
You must immediately report any defect or malfunction noted in the equipment and if requested return the equipment to us for inspection. If you do not notify us accordingly, you shall not be entitled to reject the equipment and we shall have no liability for such defect or failure, and you shall be bound to pay the fees as if the equipment had been delivered in accordance with the contract.
If in our absolute discretion we agree the equipment is not acceptable for the purpose advised to us when the order was made, we shall use all reasonable endeavours (but shall not be bound) to provide a suitable replacement, and may repay an amount that we in our absolute discretion consider appropriate.
Subject to the above, we accept no responsibility for any loss, damage, cost, claims, or expenses incurred or suffered by you or any third party (including your servants and/or agents).
We are the only party which shall undertake any repairs in the event of damage you (or any person handling or using the equipment) may cause at your expense (unless our written authorisation is given). If a repair is not practical we shall try to replace the equipment at your expense. If a replacement is not available we may terminate the contract and provided you have paid for the repairs or replacement the hire fee shall be refunded for any outstanding period for which it has been paid. Nothing in this clause shall affect or diminish your liability for any breach of these Conditions or render us liable for any resultant or consequential loss, damage or inconvenience.
6 The Equipment
While we shall endeavour to ensure that equipment shall be supplied in accordance with any description contained in any specification provided by us, all illustrations, leaflets, drawings, catalogues or other material issued by us and particulars of size, weight, measurement, output and performance contained in any of the terms or in any quotation, are approximate only and not binding on us. We may from time to time make changes in the specification of the equipment which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the equipment.
Any typographical, clerical or other error or omission in any sales literature (which shall include all specification sheets, plans and drawings), our website, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
You are responsible to us for ensuring the accuracy of the terms of any order and any applicable specification or information as required by us and for giving us any necessary information relating to the equipment within a sufficient time to enable us to perform the contract in accordance with its terms. If insufficient information, or insufficient specification is provided to us so as to prevent us from fulfilling its obligations, then we may unilaterally terminate the contract.
7 Warranty and Liability
Subject as expressly provided in these Conditions, and except where the equipment is hired to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you or any third party including but without limitation any person using the equipment by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever whether caused by our negligence or that of our employees or agents or otherwise which arise out of or in connection with the hire of the equipment or its use, and our entire liability under or in connection with the contract shall not exceed the hire fee, except as expressly provided in these Conditions.
You acknowledge that by offering a limited warranty we are able to offer a better price for the equipment.
We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the equipment, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control; Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
You shall be responsible for and shall indemnify us and hold us harmless against all claims, losses, costs or damage caused to or by the equipment arising from whatever cause during the hire period or whilst the equipment is in your possession, custody or control.
We retain ownership of the equipment and under no circumstances whatsoever shall title to the equipment or any part thereof pass to you or any other third party.
You shall keep the equipment in your sole possession and shall not lend or sublet it in any way unless agreed in writing by us. You acknowledge that the equipment remains our property at all times and must not in any circumstances be sold or used as security. You shall not permit any lien to be created on the equipment.
You may move the equipment from the location to another place but you remain responsible for the equipment and for any and all charges incurred. Any such move shall not act to transfer any responsibility for the equipment or the obligations under these Conditions to any third party.
The contract and the hiring constituted by it shall end without notice at our option and the equipment is returned to us in any of the following circumstances:-
- You breach any provisions of these Conditions.
- You present or allow to be presented, an application for an interim order or a petition for a bankruptcy order within the meaning of the Insolvency Act 1986.
- You enter into or attempt to enter into a composition with your creditors.
- An administrator or receiver being appointed in respect of all or any of your assets or a meeting whether formal or informal being called by any or all of your creditors.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
These Conditions are not intended to confer any rights on any person not party to the contract and for the purposes of the Contracts (Rights of Third Parties) Act 1999 no third party consent shall be required to any termination or variation of this Agreement.
These Conditions and any contract hereunder shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English Courts.