Wheelchair Hire & Wheelchair Sales 07375 446209
Terms and Conditions
Local Wheelchair Hire Terms and Conditions of Hire
April 2022 TERMS & CONDITIONS
In these terms and conditions the following words shall have the following meanings:
The ‘Company’ means Rise Mobility Ltd, the legal owner and supplier of the equipment, goods or services trading as Local Wheelchair Hire of 34c Leeds Road, Harrogate, NorthYorkshire. HG2 8BQ
The ‘Hirer’ means any party including; a natural person, firm, company or organisation (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns with whom the Company enters into a Contract, whether in hard copy or electronic format, or such other similar document whose order for the hire of equipment, goods or services is accepted by the Company and is identified in the agreement entered into in person, online or confirmed in emails
The ‘Contract’ means any document, which incorporates these conditions or agreement entered into between the Company and the Hirer of which these terms and conditions shall form part ‘Equipment’ means the subject matter of the Contract:
Equipment, goods or services of the specification and model (including accessories where applicable), which is to be hired in accordance with the Contract, by the Company to the Hirer for the Rental Period, subject at all times to these conditions
‘User’ means any person authorised to use the equipment by the Company
‘Rental Period’ means the duration of the Contract as shown on the booking confirmation and shall be not less than two working days unless agreed and stated in this agreement whether hired during weekdays or over a weekend
‘Working Day’ means all weekdays between 1000hrs-1630hrs and between 1000hrs-1600hrs on Saturdays; excluding; Sundays and Public holidays or other periods when the Suppliers premises is closed.
‘Local Hire Town’ means the designated town or branch as advertised (in this website or elsewhere) as a local wheelchair hire venue.
‘Variations’ to these Terms and Conditions will only be acceptable when in written format, no verbal variations on Equipment or terms will have influence on them;
1.1 Words in the singular shall include the plural and vice versa
1.2 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it
1.3 Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in these conditions, they are deemed to have the words ‘without limitation’ following them and where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them
2. Parties to this Agreement
2.1 Hirer: The person or persons entering into the hire of Equipment, goods or services
2.2 Company: Rise Mobility Ltd, trading as Local Wheelchair Hire of 34c Leeds Road Harrogate NorthYorkshire HG2 8BQ.
3. Basis of Contract
3.1 The Contract with the Company commences when the Hirer places an order and gives authorisation to process payment for the Contract, subject to any notification of non-acceptance from the Company. If placing an order via the telephone or email, the Hirer will receive an electronic response via email or hard copy by post (if email is unavailable), but please note that this does not mean that the order has been accepted
3.2 The Company will confirm its acceptance to the Hirer either by providing the Hirer a hard copy in person, or an email or hard copy by post that confirms acceptance of the order, or by confirming the order by telephone (“Order Confirmation”). The Contract between Company and Hirer will only be formed after the Company receives payment for the Rental Period including any deposit and issues the order confirmation
3.3 The Company advises any prospective customer to book as early as possible especially at peak times such as the Xmas, Easter, and school holidays including weekends or other times when the Company premises may be closed
3.4 The Contract will be fulfilled by the approximate collection or delivery date set out in the order confirmation, unless there is an event outside Company control. If the Company is unable to meet the estimated collection or delivery date because of an event outside its control, the Company will contact the Hirer with a revised delivery date or terminate the Contract.
4. Rental period
4.1 This hire agreement is for the Rental Period as specified on the Contract and commences on the date of collection by or on behalf of the Hirer, or delivery of the Equipment (if previously agreed) and continues until the Contract terminates on the last date of return
5. Ownership
5.1 The Equipment for hire purposes shall remain at all times the property of the Company
5.2 If payment (or part) is overdue, the Company reserves the right to remove the Equipment and may enter upon the Hirer’s premises for that purpose. The Hirer grants the Company the right to enter his/her premises in this instance
6. Payment Terms
6.1 Payment for Equipment and all applicable delivery and collection charges shall be made strictly in advance
6.2 All payments for Equipment shall be made by cash, credit or debit card if in person or by Bank transfer if the order is placed over the telephone or via email, for which purpose an electronic invoice will be sent
6.3 If the Hirer is not present in person then payment shall be by bank transfer or by telephone if the Company agrees
6.4 The Hirer shall make available a current active credit or debit card to allow such charges to be collected and hereby gives the Company permission to use this card in accordance with the Contract
6.5 The Company reserves the right to make any reasonable deductions from the deposit for additional hire, late return damage of loss of any Equipment goods or services provided
6.6 If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
a) Cancel the Contract and suspend any further supply of Equipment, goods or services to the Hirer until such time as the Hirer has paid in full including any interest under these conditions
b) Recover any Equipment already in use by the Hirer
c) Utilise any payment made by the Hirer to the Company against payment due under this Contract (even if this payment has been made under any other Contract between the Hirer and the Company) as the Company may think fit; and
d) Charge the Hirer interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per cent per annum above Barclay’s Bank plc’s base lending rate from time to time, calculated on a daily basis, until payment in full is made and will be liable for reasonable legal charges incurred by the Company
6.7 The Hirer shall not be entitled to withhold any payment (or part thereof) or make any deduction from the amount owed to the Company in respect of any set-off or counterclaim unless such deduction or withholding is agreed in advance by the Company in writing
7. Collection and Delivery
7.1 The Company shall make the Equipment available for collection from their premises to the Hirer on the date and time agreed or from the commencement of the Rental Period
7.2 Any Equipment shall be available for collection during showroom opening hours (between 1000hrs and 1630hrs weekdays and 1000hrs and 1600hrs Saturdays)
7.3 If Delivery/Collection service has been booked, this shall be no more than a 10mile radius from the closest Local Hire Town whence the enquiry originated). Any Delivery/Collection service beyond the 10 mile radius shall be charged on pence per mile basis and agreed between the Company and the Hirer beforehand
7.4 The Hirer shall inspect the equipment upon collection or delivery (if arranged), in pursuant to the Contract. The Hirer shall immediately notify the Company of any faults
7.5 The Equipment will be the Hirer’s responsibility from the collection of, or completion of delivery, until returned to or collected by the Company or its agent
7.6 The Hirer will be responsible for all transportation costs including delivery (if agreed beforehand), and return of Equipment whether affected by the Hirer or the Company, such costs shall be included in the initial payment
7.7 Collection/Delivery or Delivery and Collection Service will be completed when the Hirer collects the Equipment from the Suppliers premises or the Company or its agent, delivers the Equipment to the address the Hirer provided the Company when making its order as stated on the booking confirmation
7.8 If Delivery of the Equipment has been agreed, it is the responsibility of the Hirer to ensure someone is available to receive the Equipment on the date of delivery but the Hirer shall be responsible for the Equipment from that point until returned or collected
7.9 Where delivery is by an independent agent on behalf of the Company, the Company cannot be held responsible for timing on this delivery the Company will make every effort to ensure that the agent delivers the Equipment by the approximate delivery date
7.10 If no one is available at the address to take delivery, the Company reserves the right to charge for the re-delivery
7.11 The Hirer is responsible for storing the reusable delivery box (if supplied) in which the Equipment is delivered. The Hirer shall also be responsible for securely packaging the Equipment in this box before returning it to the Company, or its employees or agents for collection
7.12 The Company will not be liable for any loss or liability suffered by the Hirer as a result of the Equipment being unavailable
8. The Hirer accept responsibility for a) the selection of the Equipment; and b) the Equipment during the Rental Period as defined in the Clause 4.
8.1 By placing an order with the Company, the Hirer warrants that he or she is: a) Legally capable of entering into contracts; b) At least 18 years old; and c) Resident in England, Scotland or Wales
9. Conditions for using the Equipment
9.1 The Equipment must only be used by the Hirer or User named in the Contract, or by anyone the Company authorises in writing.
9.2 The Hirer or any authorised User must not:
a) Resell, hire or lend the Equipment
b) Use the Equipment for any illegal purpose
c) Take the Equipment overseas or loaded onto planes without prior consent from the Company
d) Use the Equipment for any purpose for which it was not designed
e) Pledge or in any way charge by way of security for any indebtedness of any of the Equipment
f) Use the Equipment following a notification of a defect to the Company until such time as the Company visits the Hirer and effects repairs or replaces the Equipment
9.3 In the event of Equipment damage or breakdown, the Company accepts no liability for consequential loss
9.4 The Equipment shall be hired for use in the UK only unless agreed with the Company
10. Hirer’s responsibilities
10.1 The Hirer will have the opportunity to inspect the Equipment to satisfy themselves that the same is in good working order and acceptable to them for the purpose of hire prior to commencing the Rental Period
10.2 The Hirer must let the Company know as soon as he/she becomes aware of any defect(s) with the equipment. The Hirer should use all reasonable endeavours to notify the Company of defects as soon as possible if not on the date of collection or delivery
10.3 The Hirer will provide adequate delivery and collection access to enable the Company to deliver the Equipment. The Hirer shall sign a delivery note to acknowledge receipt of the Equipment
10.4 The Hirer must look after the Equipment at all times keeping it in good condition keeping the Equipment in their possession at all times and under their physical control and not subject the same to any misuse or unfair wear and tear and use the same in the proper manner
10.5 Where appropriate, the Hirer must ensure the Equipment is stored securely indoors at the address given on the Contract or in a locked vehicle when not in use. The Hirer shall make available to the Company the certificate of insurance for inspection upon request by the Company
10.6 The Hirer must ensure that any documents, user manual and tools supplied with the Equipment are returned and in clean condition. Failure to do so will result in a charge for replacement of £20.00
10.7 The Hirer must not sell, rent or dispose of the Equipment or any of its parts
10.8 The Hirer must not give anyone any legal rights over the Equipment
10.9 The Hirer must not let anyone modify the equipment without first having obtained the Company’s written consent if the Equipment is defective or damaged in any way and without any attempt to repair 10.10 The Hirer will be liable for damage to the equipment and will be liable for the reasonable costs of repair or in the event of total loss, the full retail value of the Equipment as indicated in this Agreement 10.11 Damage to the Equipment where the damage is as a result of misuse, such as failing to keep the tyres inflated, or driving with poorly inflated tyres, which results in tyre failure, will result in the Hirer being charged for the costs of repair by the Company
10.12 The Hirer will have to pay for repairs if the Hirer does not make a successful claim for accidental damage on their insurance in accordance with this clause or any portion of the claim that the insurance will not meet
10.13 The Hirer is responsible for ensuring that when using the Equipment, he/she complies with all relevant legislation and health and safety requirements including user weight restrictions
10.14 If the Equipment is lost or stolen, the Hirer shall be liable to pay the Company the full retail value of the Equipment
10.15 The Hirer will not use the equipment whilst under the influence of alcohol, drugs or medication likely to affect ability to operate the Equipment safely
10.16 The Hirer shall repay the Company all costs, charges and expenses incurred in anyway by reason of any breach of the Contract or other obligation of the Hirer
10.17 Preserve the Suppliers’ and/or manufacturer’s identification number and/or mark and/or nameplate affixed to the Equipment either by the Company and/or the Manufacturer
11. Charges
11.1 Hirer will pay the following charges:
a) The hire charge
b) Any charge for loss or damage resulting from non-compliance with Clause 11
c) The cost of repairing or replacing the Equipment if it is damaged or stolen whilst in the care or responsibility of the Hirer (even if it is not the fault of the Hirer)
d) The Hirer may not have to pay the whole of the cost of repairing or replacing the Equipment if the Hirer has an insurance claim accepted by the insurance on the Equipment
e) Any published or notified rates for delivering and collecting the Equipment
f) On demand, the Company costs, including reasonable legal fees where permitted by law, incurred in collecting payments due from the Hirer under the Agreement
g) Refunds on early return of the Equipment shall be at the discretion of the Company on rentals subject to the minimum two day hire charge, plus any delivery and collection charges
h) Value added tax (where applicable) and all other taxes and levies on any of the charges listed above, as appropriate
i) All charges, even if he/she has asked someone else to be responsible for them
12. Company responsibilities
12.1 The Company will maintain the Equipment to at least the manufacturer’s recommended standard and affirms that the equipment is suitable for intended domestic purpose only
12.2 The Company undertakes that the Equipment is suitable for hire at the start of the Rental Period. The Company can only be accountable for any maintenance problems if notified by the Hirer. Continued use by the Hirer once notification has been made without effecting repair will be the total responsibility of the Hirer. The Hirer accepts all liability in this instance
12.3 The Company will always exercise care so as not to damage property or decor whilst delivering equipment, the Company will not be held liable for any accidental damage caused
12.4 The Company may offer insurance if required, however the Hirer may wish to contact their insurance provider who may be able offer insurance cover
12.5 The Company is not responsible for loss of possessions left in or on the Equipment or damage to property. Risk shall transfer to the Hirer on the date of collection or delivery of the Equipment, and shall end on the date of return to or collection to the Company
12.6 If the Company is unable to supply Equipment, for example because that Equipment is not in stock or is no longer available, the Company will inform the Hirer of this either by email or telephone, and the Company will supply a similar category Equipment, or if none available, offer a refund to the Hirer of the full amount as soon as possible
13. Liability and Indemnity
13.1 The Hirer shall be responsible for any claim for loss, damage, injury or death to any person, company or firm arising in connection with the use by the Hirer of the Equipment provided that such indemnity shall not extend to any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents
13.2 Any damages to which the Hirer may become entitled in any claim against the Company in any action whatsoever arising out of the Hirer’s use of the Equipment or pursuant to the Contract shall be limited in amount to the amount of the rental payments paid by the Hirer for the Equipment to the Company as at the date on which the damages occurred
13.3 Save as provided by the provisions of Section 55 of the Sale of Goods Act 1979 all guarantees, warranties, conditions or liabilities whatsoever whether expressed or implied by statute common law or otherwise are hereby excluded
14. Warranty
14.1 The Company hereby warrants to the Hirer that at the commencement of the Rental Period the Equipment complies with its manufacturer’s description.The benefit of this warranty may not, be assigned by the Hirer to any other party. Any claim against the Company in respect of any failure is limited to the value of the hire of the Equipment or item that has malfunctioned. No other claims will be considered
14.2 The Company warrants that the Equipment will correspond in all material respects with its description given on the website at the time of collection or delivery and for the duration of the Contract
14.3 The warranty in clause 14.1 does not apply where the defect arises from wilful damage, negligent use of the Equipment, abnormal usage conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Company’s prior approval while the Equipment is in the responsibility of the Hirer in accordance with the terms of this contract
14.4 Nothing in any Contract or these conditions shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraudulent misrepresentations or for any other liability which cannot be legally excluded or limited
14.5 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by an event outside our control. An event outside our control is defined below in clause
14.6 An “Event outside our control” means any act or event beyond our reasonable control, including without limitation performance of third party couriers, strikes, lockdowns, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shopping, aircraft, motor transport or other means of public or private transport.
14.7 If an event outside our control takes place that affects the performance of the Company’s obligations under a contract.
a) the Company will contact the Hirer as soon as reasonably possible to notify the Hirer; and
b) the Company’s obligations under the contract will be suspended and the time for performance of the Company’s obligations will be extended for the duration of the event outside our control. Where the event outside our control affects the Company’s delivery of Equipment to the Hirer, the Company will arrange a new delivery date with the Hirer after the event outside our control is over
15. Return or Collection of Equipment
15.1 The Equipment must be returned to the Company’s premises or; if delivery and or collection was included in the order, made available for collection at the original delivery address, unless the Hirer has notified the Company of a change of address, which the Company has agreed verbally or in writing
15.2 Failure by the Hirer to return the equipment; or make available for collection on or prior to the final day of the Rental Period referred to in the Contract or pursuant to these terms, shall be deemed to have been extended upon similar terms as to payment to those subsisting immediately prior to its extension and the Contract shall subsist until the Equipment is returned to the Company’s premises and will result in the Hirer being responsible for continued hire payments (at per day rate) until such return or collection is made or the deposit has been used to pay for such. At which time, the Rental Period will cease and the Equipment will have been deemed to have been, purchased by the Hirer and the balance of the full retail value as shown in this agreement shall become due see 15.4, 15.3 For any return or collection of Equipment (whether as a result of the Hirer’s cancellation of the Contract, termination of the Contract, for any other reason, for the purpose of repair, replacement or repossession of the Equipment or otherwise): a) Where collection has been agreed the Company will use all reasonable endeavours to collect the Equipment in two working days following the Hirer’s request;
15.4 Non-returned Equipment will be charged at full replacement cost (in addition to any hire fees, delivery and collection paid)
15.5 The Company may issue a ‘collection reference number’ in acknowledgement but the Hirer shall remain responsible for the Equipment until actual collection
15.6 The Hirer grants the Company, its agents and employees an irrevocable licence to enter any premises where the Equipment is stored on reasonable prior notice for the purpose of collecting the Equipment
15.7 The Hirer will remain liable for on-going hire charges, where a collection was unable to be made through the actions of the Hirer, until the Equipment is collected by the Company or its employees or agents; and
15.8 The costs of any subsequent collection attempts, will be paid by the Hirer
16. What to do in case of damage or Loss
16.1 If the Equipment is damaged or is stolen whilst hired under Contract the Hirer must immediately notify the Police, the Company must be notified by telephone and shall confirm the same in writing within 7 days subsequent to the end of the Rental Period
16.2 The Hirer shall be responsible for the cost to repair or replace the Equipment in addition to any hire fees, delivery and collection paid
16.3 Upon written demand by the Company, the Hirer shall pay to the Company the full costs of replacement or repair of the Equipment within 7 days after the date of such demand
16.4 In the event of damage or loss, the rental charge shall continue to accrue and be paid until the Hirer has paid the full costs of replacement or repair of the Equipment
16.5 On receipt of payment for the full cost of replacement or repair the Company will repair or replace the Equipment as the case may be
16.6 In the event of breakdown, the Hirer should:
a) report the breakdown to the Company in the first instance
b) return the Equipment to the Company during showroom opening hours, where it shall be inspected and if found to be faulty shall be exchanged wherever possible. In the event of collection and delivery service bookings, the Company shall only re-deliver any replacement to the delivery address stated in the Agreement
16.7 If 16.6 (b) should not be practical for any reason, the Hirer should not attempt any repair(s) without first obtaining consent from the Company. If such repairs are undertaken by any person other than the Company, then the Company shall not be liable for any loss arising from such repair(s)
17. Hirer’s right to cancel the Contract
17.1 The Hirer shall have the right to cancel the Contract at any time, but should contact the Company in the first instance.
17.2 The Company reserves the right to charge an administration fee of not less than the sum total of the minimum 2 day hire rate for the Equipment named in the Contract
17.3 The Hirer shall be liable for any Rental Period used to the point of returning the Equipment, or until the Company collects the Equipment if previously arranged
17.4 If the Equipment has been delivered the Hirer shall still be liable for any delivery charge
17.5 The Hirer may cancel the contract by giving notice to the Company by email to enquiries@localwheelchairhire.co.uk or by telephone on 07375 446209 or by post to: Local wheelchair Hire c/o Rise Mobility Ltd, 34c Leeds Road, Harrogate NorthYorkshire HG2 8BQ.
18.The Company’s right to vary these terms
18.1 The Company may update these conditions periodically by giving the Hirer at least 30 days’ advance notice in writing (“Notice Period”).
18.2 If the Company makes a change to the contract which would reasonably be regarded as being to the Hirer’s material detriment, the Hirer may cancel the Contract by giving the Company’s written notice within 14 days of receipt of notice of the change from the Company, such termination to take effect on expiry of the notice period
19. Information The Company will maintain the personal information on the Contract as part of the Company records, to assist it to maintain, improve its administration and management and stored in accordance with current GDPR (General Data Protection Regulations), the Company will not give the Hirer’s personal details to any third parties, or use Hirer details for marketing, advertising or publicity purposes, which the Hirer shall have the opportunity to opt-out.
20. Governing law The Contract is governed by the laws of England. Any dispute may be submitted to the non-exclusive jurisdiction of the English courts. If any provision of this agreement is or becomes invalid or unenforceable, the remaining provisions shall not be affected
21. Force Majeure Neither party shall be under any liability for any delay, loss or damage caused wholly or part by act of god, government restriction condition or control or by reason of any act done pursuant to a trade dispute whether such dispute involves its employees or not by reason of any other act matter of thing beyond its reasonable control, including failure by the party to carry out the provisions of these conditions.
22. Specific terms and conditions for Power assisted wheelchair Hire
22.1 Is available by advanced booking only
22.2 The hire of any power assisted wheelchair remains entirely at the users own risk
22.3 No insurance nor breakdown recovery service is offered nor shall be provided
22.4 The power assisted wheelchair pack is not suitable for use on rough or uneven terrain
22.5 The Company may refuse Hire and/or cancel any Contract should they deem the product unsuitable for the Hirer/User
22.6 It is the responsibility of the Hirer to maintain the battery is charged using the battery charger provided before use
E&OE Local wheelchair Hire v.2.3 August 2023
Do you need a wheelchair?
If you need a wheelchair, you can call us during open
hours or text us on 07375 446209 or email us out of
hours.