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Hire agreement

The terms and conditions listed below apply to the hire of equipment between you as "the Hirer" as hereinafter defined and us "GGH" as hereinafter defined, these terms and conditions do not affect your statutory rights as a consumer.

1. Definitions
1. "GGH" means Stuart Alexander Muir Simpson and Mairi Simpson as the partners and trustees for the firm of GolfGearHire.com having its principal place of business at 12 Eldindean Place, Bonnyrigg, Midlothian EH19 2EY.
2. "the Hirer" means the hirer as detailed on the Order Form, where more than one person is specified as the hirer then each and every person is joint and severally responsible for performance of the contract as referred to in Condition 2 hereof.
3. "Order Form" means the order form completed by the Hirer and which refers to these terms and conditions which are deemed to be incorporated therein.
4. "hire" means the provision of equipment by us to you for your use for an agreed period and at an agreed cost and subject to these terms and conditions.
5. "equipment" means the equipment let out to the Hirer by GGH as detailed on the Order Form and subject to these terms and conditions.
2. Contract between GGH and the Hirer
• The Hirer must submit an Order Form to GGH in respect of the equipment the Hirer wishes to hire, fully completed with all the details requested by GGH.
• The Hirer must be aged 18 years or over. Those using equipment must be 16 years or over.
• GGH must receive payment of the whole cost of the hire before the Hirer's order can be accepted. Once payment has been received by us we will confirm that your order has been accepted either by sending an email to you at the email address you provide in the Order Form or by fax to you at the fax number you provide on the order form or by post to the postal address you provide in the order form. Our acceptance of your order brings into existence a legally binding contract between GGH and the Hirer.
• It is the Hirer's responsibility to ensure that all the information given on the Order Form is complete and accurate. In the event that the details given on the Order Form are incomplete, misleading or incorrect, the Hirer will be responsible for any costs associated in any remedial action required.
• In the event that the Hirer is a consumer as defined in The Consumer Protection (Distance Selling) Regulations 2000 or any re-enactment thereof then the Hirer has a right to cancel the contract between GGH and the Hirer within a period of seven working days starting on the day after the Hirer submits the Order Form. Written notice of cancellation must be given by the Hirer to GGH in writing by fax, post or email. GGH will return any payment made to the Hirer to GGH within 30 days of the date of the notice of cancellation. The right to cancel shall not apply where the Hirer has accepted delivery of the equipment and the period of the hire has commenced..
3. Hire Period
• The hire period shall commence on the date of the delivery of equipment to the Hirer and will terminate on the date of collection of the equipment by GGH "the hire period". The date of delivery and the date of collection shall be counted as whole hire days. If however delivery of the equipment is made after 6pm then the date of delivery shall be deemed to be the next day. The minimum hire period is one day and the maximum hire period is eighty days.
4. Hire charges
1. The hire charge shall be payable in advance at the time the Hirer receives the confirmation of availability email from GGH. The hire charge is as set out in our website.
2. In some circumstances delivery charges apply to the delivery and collection of the equipment to the Hirer by GGH and vice versa, these delivery charges are set out in our website. Delivery charges shall be payable in advance at the time the hirer receives the confirmation of availability email from GGH.
3. If the Hirer does not make the equipment available for collection on the date specified on the Order Form for collection, the Hirer will be responsible for a further hire charge until the equipment is collected by GGH. In the event that the Hirer returns the equipment to GGH before the end of the agreed hire period, then GGH shall be entitled to charge the hirer the full amount or a proportion of the hire charge applicable to the agreed hire period as GGH deems appropriate.
4. The hire charge is exclusive of any VAT that may be chargeable.
5. The hire charge will be applicable to Saturdays, Sundays and Public Holidays.
5. Delivery and collection of the equipment
1. GGH will deliver the equipment specified by the Hirer on the Order Form to the Hirer only to the address given to GGH by the Hirer on the Order Form and on the date and within the time slot specified by the Hirer on the Order Form for delivery. The Hirer must produce proof of identity and address to GGH (in terms satisfactory to GGH) at the time of delivery failing which GGH will have the right to refuse delivery of the equipment.
2. The Hirer will make available all the equipment for collection by GGH at the address, date and time specified by the Hirer on the Order Form provided that these collection details have been approved by GGH in their acceptance of the Hirer's order.
6. The Hirer's responsibilities
1. It is the Hirer's responsibility to ensure that the equipment ordered for hire is suitable for the Hirer's requirements. It will be the Hirer's responsibility at the time of delivery of the equipment to the Hirer to ensure that the equipment supplied corresponds to the equipment ordered by the Hirer on the Order Form and is in suitable condition. The Hirer will be asked at delivery to sign a delivery receipt confirming (a) delivery of the equipment and (b) that the equipment is in a suitable condition.
2. If at delivery any of the equipment is found to be faulty or does not correspond with the equipment ordered, this shall be notified to GGH at the time of delivery. Failure to make timeous notification shall mean that GGH shall have no liability to the Hirer. On receipt of such notification GGH will use all reasonable endeavours to provide suitable replacement equipment.
7. Care of equipment
1. The Hirer will be responsible for the care and security of the equipment during the hire period. The equipment will be under the control of the Hirer at all times from delivery to collection and the Hirer shall ensure that the equipment is used safely and without risk to health and is not used for any purpose for which it is not designed. The equipment shall not be used by any person under the age of sixteen years.
2. The Hirer shall be responsible for and shall indemnify GGH against all loss or damage caused by or to the equipment from whatever cause.
3. The Hirer is not permitted to take the equipment to a location outwith the United Kingdom.
4. The Hirer agrees to pay all costs incurred by GGH in remedying any damage or cleaning of the equipment and hire charges will continue until such rectification is complete.
5. In the event of equipment failure we will use our reasonable endeavours to repair or replace the equipment with the same or similar specification equipment within one working day at no charge to you.
6. Should the equipment failure prove to be due to the misuse, negligence or fault of the Hirer or its servants, agents or associates then GGH reserves the right to pass on the repair costs to you and under no circumstances shall the Hirer attempt any repairs to the equipment.
8. Ownership of equipment
• The equipment is and shall remain the sole property of GGH and the Hirer shall not sell, pledge, hire or otherwise deal with or part with possession of the equipment or any part thereof.
9. Events beyond GGH's control
• GGH shall have no liability to the Hirer for any failure to deliver the equipment or goods ordered by the Hirer or any delay in doing so or for any damage or defect to equipment or goods that is caused by any event or circumstance beyond GGH's reasonable control including, without limitation, strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
10. Termination
• GGH may terminate the contract with the Hirer if:-
1. the Hirer is in breach of contract and/or of these terms and conditions
2. GGH have insufficient equipment and/or goods to fulfil the Hirer's order made on the Order form or
3. due to an operational reason
• If GGH does terminate the contract with the hirer GGH will notify the hirer by email, fax or letter and will refund the hirer the hire charge or the applicable proportion thereof. GGH will not be obliged to offer any additional compensation for disappointment suffered.
11. Privacy Policy
• The Hirer acknowledges and agrees to be bound by terms of GGH's Privacy Policy.
12. Additional services to the Hirer
1. As an additional service to the Hirer, GGH has from time to time goods available for purchase as detailed on GGH's website and an order for same if required should be made on the Order Form along with the details of the hire. All orders are subject to GGH's approval and product availability and GGH reserve the right to change prices on their website without prior notification. All goods advertised on GGH's website are an invitation to the Hirer to make an offer to purchase the goods from GGH and consequently acceptance of offers to purchase goods only takes place when GGH accept the order detailed on the Order Form as referred to in Condition 2 hereof.
2. Any goods purchased by the Hirer will be delivered along with the equipment at the start of the hire period. Payment for said goods is to be made by the Hirer in advance along with the hire charge as detailed in Condition 4 hereof.
13. Right to Cancel goods
1. The Hirer may cancel its contract with GGH insofar as it relates to the purchase of goods referred to in Condition 12 hereof in accordance with statutory rights within the United Kingdom. This statutory right of cancellation starts on the date the Hirer submits the Order Form and expires at the end of seven working days from the day after the date the Hirer receives the ordered goods. The Hirer does not need to give GGH any reason for cancelling the contract relating to the purchase of goods nor will there be any penalty for cancellation.
2. To cancel the contract for the purchase of goods notification must be given in writing to GGH.
3. If the Hirer has received the goods before the Hirer cancels the contract for the purchase of the goods then the Hirer must send the goods back to GGH's address at the Hirer's own cost and risk within twenty one days of the date of cancellation.
4. Once the Hirer has notified GGH that the Hirer is cancelling his contract then any sum paid for the goods will be refunded to the Hirer as soon as possible and in any event within 30 days of the Hirer's cancellation PROVIDED THAT the goods in question are returned by the Hirer and received by GGH in the condition they were delivered to the Hirer. If the Hirer does not return the goods delivered to GGH or does not pay the costs of delivery, GGH shall be entitled to deduct the direct costs of receiving the goods from the amount to be re-credited to the Hirer.
14. General Terms
• Should any of these terms and conditions be held to be unenforceable or invalid (including any provision in which GGH excludes it liability to the Hirer), the validity of the remaining terms and conditions will remain unaffected and shall be in full force and effect. No waiver of any right or breach by us under these terms and conditions shall be effective unless in writing and signed by one of GGH's partners.
1. Save as precluded by law, GGH will not be liable to the Hirer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problems the Hirer notifies to GGH and GGH shall have no liability to pay any money to the Hirer by way of compensation other than to refund to the Hirer the amount paid by the Hirer for the Hire Charge.
2. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Hirer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit GGH's liability to the Hirer for any death or personal injury resulting from GGH's negligence.
15. Governing Law & Jurisdiction
• The construction, validity and performance of these terms and conditions in any dispute arising from them shall be governed by the laws of Scotland and the Scottish Courts shall have jurisdiction in any disputes between the parties hereto.
16. Entire Agreement
• These terms and conditions, together with our current website prices, Order Form, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the hire of the equipment or to the supply of goods to the Hirer by GGH. Nothing said by any sales person on GGH's behalf should be understood as a variation of these terms and conditions or as an authorised representation about the equipment or the nature or quality of any goods ordered for sale by GGH. Save for fraud or fraudulent misrepresentation, GGH shall have no liability for any such representation being untrue or misleading.