8. Wetwang Holiday Let – WasherDryer Rental Agreement – v1.0
8.1 Between
8.1.1
CMP LANDSOL LIMITED a company incorporated with registered number 12318149, whose registered address is 14 MAIN STREET, WETWANG, DRIFFIELD, YO25 9XJ (the Provider, we, us, or our); and
8.1.2
Customer (the Sharer, you or your);
8.2 Meanings
8.2.1
In this Agreement, the following definitions apply:
Rental Agreement This Rental Agreement contains the terms on which we hire our appliances to you
Rental Fee As per the booking
Rental Period As per the booking
Appliance Address The property at 14 Main Street, Wetwang, YO25 9XJ is where the appliance is located
8.3 OUR TERMS
8.3.1 THESE TERMS
8.3.1.1
What these terms cover. This Rental Agreement (“Rental Agreement”) contains the terms on which we hire our appliances to you.
8.3.1.2
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the Rental Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
8.3.2 PRE CONTRACT INFORMATION ABOUT US AND HOW TO CONTACT US
8.3.2.1
Who we are. We are CMP LANDSOL LIMITED a company registered in England and Wales. Our company registration number is 12318149, and our registered office is at 14 MAIN STREET, WETWANG, DRIFFIELD, YO25 9XJ (“We” “Us” “Our”)
8.3.2.2
Appliance Address. The address of the appliance to be used is 14 Main Street, Wetwang, Driffield, YO25 9XJ (“Appliance Address”)
8.3.2.3
Appliance Value. The approximate value of the appliance is £350. VAT is not applicable.
8.3.2.4
How to contact us. You can contact us by telephoning our customer service team at 0333 772 9267 or by writing to us at hello@cmplandsol.co.uk.
8.3.2.5
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
8.3.2.6
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
8.3.3 OUR RENTAL AGREEMENT WITH YOU
8.3.3.1
How we will accept your order. Our acceptance of your order will take place when we email you to confirm payment, at which point a contract will come into existence between you and us.
8.3.3.2
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for use of the Appliance. This might be because the Appliance is unavailable, or because we have identified an error in the price or description of the Appliance.
8.3.3.3
Your reference number. We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.
8.3.3.4
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
8.3.4 OUR PRODUCTS
8.3.4.1
Products may vary slightly from their pictures. The images of the appliances on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an appliance’s display of the colours accurately reflects the colour of the appliances. Your Appliance may vary slightly from those images.
8.3.5 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change for using the Appliance you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the use of the Appliance, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8.3.6 OUR RIGHTS TO MAKE CHANGES
8.3.6.1
Minor changes to the Appliance. We may change the Appliance:
(a) to reflect changes in relevant laws and regulatory; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Appliance.
8.3.6.2
More significant changes to the use of the Appliance and these terms. In addition, as we informed you in the description of the Appliance on our website, we may make changes to these terms or the Appliance, but if we do so we will notify you and you may then contact us to end the Rental Agreement and receive a full refund before the changes take effect.
8.3.6.3
Updates to digital content. We may update, or require you to update, digital content, provided that the digital content shall always match the description of it we provided to you before ordered it.
8.3.7 PROVIDING THE APPLIANCE
8.3.7.1
Hire: We shall hire the Appliance to you for use at the “Appliance Address” to the terms and conditions of this Rental Agreement. We shall not, other than in the exercise of its rights under this Rental Agreement or applicable law, interfere with your use of the Appliance.
8.3.7.2
When we will provide the Appliance to use. During the order process we will let you know when we will provide the details to use the Appliance.
8.3.7.3
We are not responsible for delays outside our control. If our provision of the Appliance is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Rental Agreement and receive a refund.
8.3.7.4
Your legal rights if we provide use of the Appliance late. You have legal rights if we provide use of the Appliance late. If we miss the delivery deadline for any Appliance, then you may treat the Rental Agreement as at an end straight away if any of the following apply:
(a) we have refused to provide the products;
(b) provision within the deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that provision within the deadline was essential.
8.3.7.5
Setting a new deadline for provision. If you do not wish to treat the Rental Agreement as at an end straight away, or do not have the right to do so under clause 8.3.7.4, you can give us a new deadline for the provision of the Appliance, which must be reasonable, and you can treat the Rental Agreement as at an end if we do not meet the new deadline.
8.3.7.6
Ending the Rental Agreement for late provision. If you do choose to treat the Rental Agreement as at an end for late provision under clause 8.3.7.4, you can cancel your order for the use of the Appliance. After that we will refund any sums you have paid to us for the cancelled Appliance and their use.
8.3.7.7
When you become responsible for the Appliance. The Appliance will be your responsibility from the time we provide access to use the product at the “Appliance Address”.
8.3.7.8
Ownership of the Appliance. We are the owner of the Appliance. You only have the right to use the Appliance. For the purposes of this Rental Agreement, Appliance include hardware and software. You must protect our ownership of the Appliance and not attempt to sell, hire or deal with it in any way. You must not create any lien or other encumbrance over the Appliance. Should it be found that you have attempted or in actuality sold, hired or dealt with the Appliance in any way, we refer you to the indemnification clause contained herein, and that you may be required to compensate any loss.
8.3.7.9
Appliance Insurance. You are responsible if the Appliance is lost, stolen or damaged during your use. Despite this, you are obliged to continue your rental payment. We will however insure the Appliance, but may seek additional charges from you if our insurer requires any outward or additional payment, such as an administration fee or excess payment, to make an insurance claim.
8.3.7.10
What will happen if you do not give required information to us. We may need certain information from you so that we can provide use of the Appliance to you. If so, this will have been stated in the description of the Appliance in our on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Rental Agreement (see clause 8.3.9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing use of the Appliance late or not supplying or installing any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.3.7.11
Reasons we may suspend the provision of Appliance to you. We may have to suspend the provision of an Appliance to:
(a) deal with technical problems or make minor technical changes;
(b) update the Appliance to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Appliance as requested by you or notified by us to you (see clause 8.3.6).
8.3.8 YOUR RIGHTS TO END THE CONTRACT
8.3.8.1
You can always end the contract for provision of an Appliance before it has been provided, and paid for. You may contact us to end your Rental Agreement for the Appliance at any time before we have provided use of it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where the Appliance is faulty or mis-described (see clause 8.3.10, “If there is a problem with the Appliance”). To cancel this Rental Agreement, you must fill in Schedule 2: Cancellation Form and send it to us at our registered address.
8.3.8.2
What happens if you have good reason for ending the Rental Agreement. If you are ending the Rental Agreement for a reason set out at (a) to (e) below the Rental Agreement will end immediately and we will refund you in full for any Appliance which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming change to the Appliance or these terms which you do not agree to (see clause 8.3.6.2);
(b) we have told you about an error in the price or description of the Appliance you have ordered and you do not wish to proceed;
(c) there is a risk that provision of the Appliance may be significantly delayed because of events outside our control;
(d) we have suspended provision of the Appliance for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or
(e) you have a legal right to end the Rental Agreement because of something we have done wrong (but see clause 8.3.7.10 in relation to your rights to end the Rental Agreement if we deliver late).
8.3.8.3
What happens if you end the Rental Agreement without a good reason. If you are not ending the Rental Agreement for one of the reasons set out in clause 8.3.8.2, then the contract will end immediately and we will refund any sums paid by you for an Appliance not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the Initial Payment as compensation for the net costs we will incur as a result of your ending the contract
8.3.9 OUR RIGHTS TO END THE RENTAL AGREEMENT
8.3.9.1
We may end the Rental Agreement if you break it. We may end the Rental Agreement for the Appliance at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Appliance;
8.3.9.2
You must compensate us if you break the Rental Agreement. If we end the contract in the situations set out in clause 8.3.9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
8.3.10 IF THERE IS A PROBLEM WITH THE APPLIANCE
8.3.10.1
How to tell us about problems. If you have any questions or complaints about the Appliance, please contact us. You can telephone our customer service team at 0333 772 9267 or by writing to us at hello@cmplandsol.co.uk.
8.3.10.2
Summary of your legal rights. We are under a legal duty to provide appliances that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
8.3.11 PRICE AND PAYMENT
8.3.11.1
Where to find the price for the Appliance. The Rental Cost of the Appliance will be the price set out in (a) our price list in force at the date of your order. We take all reasonable care to ensure or use our best efforts to ensure that the price of the Appliance advised to you is correct. However please see clause 8.3.11.2 for what happens if we discover an error in the price of the product you order.
8.3.11.2
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the appliances we advertise may be incorrectly priced. We will normally check prices before accepting your order so that, where the use of the Appliance’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the use of the Appliance’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, and refund you any sums you have paid at our expense.
8.3.11.3
When you must pay and how you must pay. We accept payment with any credit or debit card. You must pay for the use of Appliance before we provide access to it.
8.3.11.4
What to do if you think an invoice is wrong. If you think any part of this Rental Agreement is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8.3.11.5
You must pay or reimburse us for:
8.3.11.5.1
all taxes and stamp duties payable in connection with this Rental Agreement
8.3.11.5.2
any expenses we reasonably incur in enforcing this Rental Agreement or incur because you have repudiated, terminated or breached this Rental Agreement, including, without limitation, any legal costs and expenses, financing break costs, costs incurred in repossessing or attempting to repossess the Appliance and cost incurred in storing and disposing of the Appliance
8.3.12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.3.12.1
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 8.3.12.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.3.12.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 8.3.10.2; and for defective products under the Consumer Protection Act 1987
8.3.12.3
We are not liable for business losses. We only supply the Appliance for domestic and private use. If you use the Appliance for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3.12.4
You must notify us of any change of financial details: You must inform us, within 7 days, of any change to your financial details (payment method, bank account, sort code, Credit Card etc). This must be done in writing via email. Failure to do so will make you liable for any charges we incur due to your failure to notify us in accordance with this Clause 8.3.12.4
8.3.12.5
We are not liable for damage to your property as a result of a manufacturer fault of the Appliance, misuse of the Appliance caused by yourself, misunderstanding of the use of the Appliance by yourself, or an event out of our control in conjunction with the Appliance.
8.3.12.6
We will take all reasonable actions to maintain the Appliance as per the manufacturer’s instructions to avoid any damage.
8.3.13 HOW WE MAY USE YOUR PERSONAL INFORMATION
8.3.13.1
How we will use your personal information. We will use the personal information you provide to us:
(a) to provide the Appliance to you;
(b) to process your payment for the Appliance; and
(c) if you agreed to this during the order process, to inform you about similar appliances that we provide, but you may stop receiving these communications at any time by contacting us.
8.3.13.2
We will only give your personal information to other third parties where the law either requires or allows us to do so.
8.3.14 OTHER IMPORTANT TERMS
8.3.14.1
We may transfer this Rental Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Rental Agreement.
8.3.14.2
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
8.3.14.3
Nobody else has any rights under this Rental Agreement. This Rental Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
8.3.14.4
If a court finds part of this Rental Agreement illegal, the rest will continue in force. Each of the paragraphs of this Rental Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.3.14.5
Even if we delay in enforcing this Rental Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Rental Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Appliance, we can still require you to make the payment at a later date.
8.3.14.6
Which laws apply to this Rental Agreement and where you may bring legal proceedings. This Rental Agreement is governed by English law and you can bring legal proceedings in respect of the Appliance in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Appliance in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Appliance in either the Northern Irish or the English courts.