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Terms and Conditions
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RENTAL AGREEMENT
1. Definitions
Wherever these words and phrases appear in the Agreement they will always have the following meanings.
a) You, Your - The customer hiring the Equipment under the Agreement:
b) We, Our, Us - The Owners, Dial-a-TV Ltd, or any Company to whom We may assign Our rights under the Agreement:
c) Agreement - This Agreement including these terms and conditions:
d) Equipment - The Equipment hired by You including all renewals of such Equipment and their component parts and all accessories:
e) Approved Engineer - A qualified engineer approved by Us to repair the Equipment:
f) Failure - Actual or apparent breakdown or faulty working of any of the Equipment arising from a mechanical or electrical fault:
g) Minimum Period of Hire - The Minimum Period of Hire referred to in the Financial and Related Particulars in this Rental Agreement:
h) Period, Periodic - The frequency with which the Total Monthly or Weekly Payment becomes due as set out in this Rental Agreement.
i) Rental Company - Dial-a-TV Ltd
2. Introduction
We have agreed to hire the Equipment to You and You have agreed to hire the Equipment from Us on the basis of the application form and subject to these terms and conditions for the Minimum Period of Hire and thereafter until ended under Condition 6 or Condition 8 (a, c,d) below. The Equipment at all times remains Our property.
3. Our Responsibilities
a) Installation - We will install the Equipment at Your address shown overleaf and connect the Equipment to the appropriate services at Your expense. You must at Your expense employ such qualified tradesmen as are necessary to facilitate the installation.
b) Replacement - The Approved Engineer may remove the Equipment to examine or repair it and We will provide You with a temporary replacement. If the Approved Engineer decides that it is not worth repairing the Equipment, We will provide You with a permanent replacement. Any temporary or permanent replacement will be of a type and model equivalent to or better than that being replaced. These terms and conditions will apply to the replacement as if it was the Equipment.
c) Disclaimer - Subject to any rights imposed by Statute, We will not be liable for any loss of subscription fees (or similar charge) paid by You in respect of receipt of Satellite/ Cable/ Terrestrial broadcasting arising as a result of any failure of the Equipment, or any such satellite/cable/terrestrial broadcasting (howsoever arising).
d) Satellite Transmissions - Any satellite receiving appliance subject to this agreement is not warranted to receive transmissions other than those received at the time of installation.
4. What You pay
a) Payments - Your payment details are shown in the Financial and Related Particulars overleaf. You must ensure that You pay to Us: The total periodic payments each period on or before the payment date shown in the Financial and Related Particulars shown overleaf and to pay interest at a rate equivalent to 4% over Barclays Bank base rate on all payments more than 7 days in arrears, such interest to be payable both before and after judgement, all payments to be made at Our premises. Payment by post is at Your risk.
We may apply Your payments in the order which We determine from time to time.
b) Changes to Your payments - We will only change the amount of Your periodic payment if either: -
(i) the rate of Value Added Tax alters; or
(ii) after the end of the Minimum Period of Hire only, We give You at least one month's written notice of any changes which may be made.
5. Your Responsibilities
a) Care - You must ensure that the Equipment is kept clean and is used carefully and properly in accordance with the manufacturer's recommendations and instructions.
b) Repair - You must keep the Equipment in good working order and repair and advise Us as soon as is practical when the Equipment has been subject to failure so that We may arrange for Our Approved Engineer to effect necessary repair or replacement of the Equipment.
c) Loss or Damage - You must keep the Equipment insured against loss or damage caused by mistreatment, fire, theft, accident, or any other insurable risk, to its current retail value at all times, and if requested to produce evidence to Us of insurance and payments of premiums. In the event of any such loss or damage, You are responsible to Us for recovering from Your Insurers the current retail value of the Equipment as at the time of any such loss or damage, and for paying this value to Us.
d) Access - You must allow Approved Engineers and Our authorised employees and Agents access to the Equipment at all reasonable times.
e) Licences, Permissions etc. - You must obtain and keep up to date any television licences and other licence, permission or consent which may apply or may be required in respect of the Equipment.
f) Approvals - You must obtain any approval for the installation of the Equipment which You may need from the Landlord or Land Owner of Your premises.
g) Disposal - You must not allow any of the Equipment out of Your possession, nor may You sell, charge or otherwise dispose of any of Our Equipment.
h) Interference - You must not allow anyone except an Approved Engineer to interfere with any of the Equipment or try to repair it.
i) Moving - You must not move the Equipment from Your premises without first obtaining Our written consent. If We consider it appropriate, You must employ an Approved Engineer to move the Equipment.
6. Ending of Agreement by You
You may end the Agreement by giving Us at least one month's written notice ending on a normal monthly payment date at or after the end of the Minimum Period of Hire. You must pay Us any amounts due up to the date on which the Agreement ends and return the Equipment to Us undamaged except for fair wear and tear.
7. Ending the Agreement early by You
You may not end the Agreement before the end of the Minimum Period of Hire without Our prior written consent. If We agree to end the Agreement before that date We shall be entitled to require You to pay Us any amount due up to the date the Minimum period of Hire ends and You will not be entitled to any refund in respect of any advance payment and/or deposit in these circumstances.
8. Ending the Agreement by Us
We may end the Agreement: -
a) If You breach any of the terms or conditions of the Agreement, We may serve a default notice on You. If You fail to take any action required by that notice within the time specified, We may immediately end the Agreement; or
b) Within one month from the date of the Agreement - We may give You at least seven days written notice and return all Your payments (including any advance payments): - or
c) Because of the following events:
- You have given any incorrect or misleading information in connection with the Agreement; or
- the Equipment becomes subject to any distress, execution or other legal process, You become bankrupt or apparently insolvent; or
- in the event that You have advised Us that You are moving to an address that We cannot support, or
- after loss or damage to Our equipment
- We may give You seven day's written notice during the Minimum Period of Hire or written notice to take immediate effect after the Minimum Period of Hire has ended.
d) At any time - We may give You one month's written notice. The notice must end on a normal periodic payment date at or after the end of the Minimum period of Hire.
9. When the Agreement ends
a) Returning the Equipment - When the Agreement ends You must either:-
- allow access for Our employees or Agents to repossess the Equipment undamaged except for fair wear and tear or;
- return the Equipment undamaged except for fair wear and tear to Our premises.
We have the right to assume that anyone in apparent authority at Your premises who gives access to Our employees or Agents has Your authority to do so. If You do not return the Equipment to Us or allow Us to repossess the Equipment immediately, You must pay to Us by way of damages an amount equal to the amount which would have been payable to Us in respect of Your total monthly payment up to the date that You return the Equipment or We repossess it had the Agreement remained in force.
b) Rights and Refunds - The ending of the Agreement will not affect any of Our rights or remedies that exist on the date it ends. You must make any payments due up to the date the Agreement ends but (except as stated in Condition 8(b) We will not have to repay to You any payments already made, except that We will repay (unless the circumstances are as set out in Condition 7): -
(i) any payments which relate to a period after the date on which the Agreement ends, taking into account any early payment discount which You were given and;
(ii) any deposit You may have paid under the Agreement less any sums due under Condition 5.
10. Use of Information
We may register information about You and the conduct of Your account with a licensed credit reference agency. Information thus registered is used only to help make credit decisions or occasionally for fraud prevention or for tracing debtors.
11. Waiver
Any waiver, concession or extra time that We may allow You is limited to the specific circumstances in which it is given. It does not affect Our rights under the Agreement in any other way.
12. Assignment
You may not assign or purport to assign any or all of Your rights and responsibilities under the Agreement but We may assign any or all of Our rights, without Your consent being required.
13. Liability
a) Our liability and Your remedies in respect of any loss arising from the hire and use of the Equipment are set out in this paragraph.
b) Subject only to Paragraph13 c) and 13 d), Our aggregate liability to You for damages in respect of negligence, breach of contract, tort, misrepresentation or any other legal liability in connection with or related to the subject matter of this Agreement shall in no circumstances exceed the amount payable by You in respect of the Minimum Period of Hire.
c) We do not exclude or limit liability for death or personal injury arising from the negligent act or omission of Us, Our employees, agents or authorised representatives.
d) We accept liability for direct damage to Your physical property where such damage results from Our negligence in the performance of this Agreement up to a limit of £100,000 in respect of one incident or £200,000 in respect of a series of incidents arising from a common cause whether successive or concurrent.
e) Subject only to Paragraph 13 c), We will not in any event be liable for any indirect, consequential, incidental or special damages or any loss of profits, revenue, goodwill or anticipated savings whether sustained by You or any other party even if advised of the possibility of such loss or damages.
f) Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
g) Except in the event of liability referred to under paragraph 13 c) above, We will have no liability to You unless You serve notice of the same upon Us within two years of the date You became aware of the circumstances giving rise to any claim You may have or the date where You should reasonably have become aware of it.
14. Entire Agreement
a) This Agreement sets out the entire agreement and understanding between You and Us in respect of the Equipment hired by You under this Agreement.
b) You acknowledge that You have entered into this Agreement in reliance only upon the representations, warranties and promises specifically contained or incorporated in this Agreement and, save as expressly set out in this Agreement, We shall have no liability in respect of any other representation, warranty or promise made before this Agreement unless it was made fraudulently.
15. English Law
This Agreement shall be governed by English law.
DTV(S)1297
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