The terms of this agreement apply to any equipment including replacement equipment rented from Advanced Stairlifts (Scotland) Limited. The hirer may be liable to further charges for various reasons. The hirer’s attention is drawn to sections; 3.4, 3.5, 5.3, 6.2, 6.7, 9.1, 10.2, 10.3.
1 Parties to this agreement
1.1 Owner – Advanced Stairlifts (Scotland) Limited Ltd, Units 2 and 3 Burnside Business Court, North Road, Inverkeithing, Fife KY11 1NZ
1.2 Hirer – As shown on the rental agreement. Advanced Stairlifts (Scotland) Limited must be immediately informed of any changes to these details.
2 Title
2.1 The stairlift and all of its constituent parts remain the property of Advanced Stairlifts (Scotland) Limited Ltd and must be surrendered to Advanced Stairlifts (Scotland) Limited Ltd. on demand.
3 Use of the equipment
3.1 The stairlift must only be used by the person(s) named on the rental agreement.
3.2 The stairlift must not be used in any manner for which it was not designed.
3.3 Any fault with the stairlift must be immediately reported to Advanced Stairlifts (Scotland) Limited. The equipment must not be used with any defect until Advanced Stairlifts (Scotland) Limited have inspected the equipment and either repaired it or declared it safe to use.
3.4 Continued use of a stairlift with a known defect is entirely at the hirer’s responsibility and Advanced Stairlifts (Scotland) Limited will not accept any liability for any incident, accident or damage caused. If continued use causes further damage to the stairlift then Advanced Stairlifts (Scotland) Limited reserves the right to charge the hirer for said damage.
3.5 If the hirer requests Advanced Stairlifts (Scotland) Limited to attend to a fault on a stairlift and the attending engineer determines that the stairlift is not in fact faulty but the incident is as a result of actions or inactions by the hirer or their agents then a £85.00 charge will be immediately payable. See supplementary section at the end of these terms and conditions.
4 Rental Period
4.1 This hire agreement is for one month and is extended automatically by the hirer paying a further month’s rental.
4.2 The rental will continue and rental payments must be paid on the due date as long as the stairlift remains in the hirer’s premises regardless of whether or not the hirer is making use of the stairlift.
5 Rental payments
5.1 The hirer will pay for installation and removal of the lift and one month’s rental at or before the start of the rental.
5.2 Further rental payments must be paid by Standing Order as specified on the rental agreement. Any variation of payment date or bank account details must be agreed by Advanced Stairlifts (Scotland) Limited in writing.
5.3 If a Direct Debit payment fails for any reason Advanced Stairlifts (Scotland) Limited will charge the hirer £10.00. The failed monthly rental and the surcharge must be paid within seven days of the due date of the Direct Debit.
Advanced Stairlifts (Scotland) Limited will attempt to contact the hirer, using the contact details from the rental agreement. Advanced Stairlifts (Scotland) Limited will attempt contact by telephone, one letter sent by Royal Mail and email. Failure to contact the hirer by any means will not affect Advanced Stairlifts (Scotland) Limited’s further actions. The failed month’s payment and the surcharge must be paid by the eighth day following the due date of payment. Failure by the hirer to make this payment in full will result in Advanced Stairlifts (Scotland) Limited cancelling the contract and requiring immediate entry to the property to remove the stairlift. Failure to permit immediate entry to the property may result in Advanced Stairlifts (Scotland) Limited continuing the rental at a daily rate of £10.00 from the due date of the failed payment until the stairlift is recovered by Advanced Stairlifts (Scotland) Limited.
5.4 If any two out of six consecutive Direct Debits fail for any reason Advanced Stairlifts (Scotland) Limited will require immediate entry to the property to remove the stairlift.
5.5 If Advanced Stairlifts (Scotland) Limited is refused entry to the hirer’s property to recover the stairlift then this will be viewed as theft of the stairlift and the matter will be referred to the police.
6 Hirer’s responsibilites
6.1 The hirer must take good care of the equipment including the charger and keys.
6.2 The Hirer must ensure that the charger is connected and switched on at it’s mains supply at all times. Where required the stairlift must be parked on it’s charging points. Failure to keep batteries charged can result in irretrievable battery failure. Advanced Stairlifts (Scotland) Limited would test any such suspect batteries and, if the test determines that the failure is as a result of the hirer not charging the batteries, look to the hirer for the cost of replacement batteries. The remote controls supplied with a stairlift require non-rechargeable batteries and it is the hirer’s responsibilty to replace these as and when necessary.
6.3 The hirer must not sell or otherwise dispose of the stairlift or parts thereof. The hirer must not give anyone any legal rights over the stairlift.
6.4 The hirer must allow Advanced Stairlifts (Scotland) Limited or it’s appointed agents access to view, inspect and service the stairlift at any time. Advanced Stairlifts (Scotland) Limited will give at least 24 hours of any such requirement.
6.5 The hirer must not anyone other than Advanced Stairlifts (Scotland) Limited to repair or otherwise work on the stairlift without express permission from Advanced Stairlifts (Scotland) Limited.
6.6 Advanced Stairlifts (Scotland) Limited’s does not insure the rental stairlift against; theft, accidental damage, interruption or surging of the mains electrical supply, fire or flood. In these events Advanced Stairlifts (Scotland) Limited will look to the hirer to recover it’s losses therefore we strongly advise the hirer to include the stairlift on their household insurance.
7 Personal property
7.1 Advanced Stairlifts (Scotland) Limited and their insurers do not accept any liablity for loss of or damage to any of the hirer’s, or the hire’s family’s, personal property howsoever caused.
8 Advanced Stairlifts (Scotland) Limited’s responsibilities
8.1 Advanced Stairlifts (Scotland) Limited will maintain the stairlift to , at least, the manufacturer’s recommended standard.
8.2 Advanced Stairlifts (Scotland) Limited undertakes that the stairlift is fit for purpose at the start of the rental period.
8.3 Advanced Stairlifts (Scotland) Limited will repair any fault in the rental stairlift within 24 hours of it being reported to Advanced Stairlifts (Scotland) Limited.
9 Insurance
9.1 Advanced Stairlifts (Scotland) Limited only insure the rental stairlift to cover Advanced Stairlifts (Scotland) Limited against any public liability issues. Any damage to or loss of the stairlift or any of it’s constituent parts is the responsibility of the hirer.
10 End of rental
10.1 The renter or their agent must give Advanced Stairlifts (Scotland) Limited at least 48 hours notice to retrieve the stairlift.
10.2 The stairlift will be removed at a time to suit both the hirer and Advanced Stairlifts (Scotland) Limited. If Advanced Stairlifts (Scotland) Limited attend but are unable to gain entry or remove the stairlift within a reasonable period then a further charge may be levied for a further appointment to remove the stairlift.
10.3 If any delay in permitting Advanced Stairlifts (Scotland) Limited entry to remove the stairlift causes the stairlift still to be installed when a further rental payment is due the Advanced Stairlifts (Scotland) Limited reserve the right to require this payment to be made.
10.3 It is the hirer’s responsibility to keep the stairlift safe, clean and dry until it is collected by Advanced Stairlifts (Scotland) Limited.
10.4 Regardless of the circumstances no unused portion of a rental payment will be refunded.
11 Data Protection
11.1 Advanced Stairlifts (Scotland) Limited will retain the hirer’s details in a safe and secure manner and only use these to maintain the agreement and to assist Advanced Stairlifts (Scotland) Limited to maintain it’s administration and management. Advanced Stairlifts (Scotland) Limited will never sell or otherwise pass the hirer’s personal information to any third party other than those necessary to operate this rental agreement.
12 Governing law
12.1 This Agreement will be construed in accordance with and governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts.
IMPORTANT – YOU SHOULD READ THIS CAREFULLY – YOUR RIGHTS The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not the owner cannot enforce the agreement against you without a court order. The act also gives you a number of rights. You can end this agreement by writing to the person to whom you have made your payments and giving at least one month’s notice. In order to do this the agreement must have been allowed to run for at least the period specified in the agreement from the date of the original agreement although this may include the period of notice. You will have to make all payments and pay any amounts you owe until the date the agreement comes to an end. If you would like to know more about your rights under the Act contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.
SUPPLEMENTARY
Before calling out an engineer (see section 3.5) please check the following;
- The mains plug is in the wall socket and the socket is turned on
- The footplate, seat and both armrests are all fully down
- The seat is in the correct position, facing across the stairs
- The keyswitch under the armrest is turned on
- If fitted, the circular, red cut-off switch is not ‘out’. This must be pressed in and twisted to allow the stairlift to operate.
- There is nothing touching the underside of the footplate.