A. TERMS AND CONDITIONS: RENT/BUY AGREEMENT
B. GENERAL TERMS AND CONDITIONS OF BUSINESS
A. T&C’s RENT/BUY EQUIPMENT
The following is a detailed list of our RENT/BUY terms relating to our PEMF equipment. By ticking the T&C’s at checkout you agree to accept these terms below:
PEMF Equipment Rent/Buy Agreement
Terminology
Use of the term "we" or "us" refers to health revolution. Use of the term "you", "your" or "RENT/BUYER"
A) Terms & Payment for Agreed RENT/BUY Charge Period
When you commence the RENT/BUY of our equipment - you are initially leasing the equipment on a “per month or part thereof” basis.
Ownership stays with us until you have completed 4 monthly payments. Once 4 monthly payments have been made ownership passes to you in full. Your 2 year warranty commences from the day you make payment number 4.
Your second RENT/BUY payment period is 1 calendar month inclusive from the date the equipment is delivered to the address which you advised. Subsequent monthly payment periods are the same day each calendar month until such time as the agreement ends.
i) If you wish to continue to use the equipment beyond the current 1 month payment period - (NB for rent/buy months prior to ownership passing to the lease-buyer, which is only after the FOURTH monthly payment has been completed)
At the expiry of each one month rent/buy payment period, you will then enter a new 1 month RENT/BUY payment period - and your next monthly subscription will be taken through our subscription agreement from your credit or debit card.
ii) What happens after you have made the fourth and final payment? Ownership transfer information
Once the rent/buyer has completed the final payment - from that moment ownership transfers to them. We no longer have any claim on that equipment.
From that moment the only responsibility that we retain is in respect of the two year warranty period which accompanies the sale of all our equipment.
Your two year warranty period begins from the moment the final payment has been completed and ownership passes to you. Because you do not own device for the first 3 payments it would not be fair to commence the warranty period at any time prior to the last payment being completed.
iii) What happens if you decide to return the equipment at the end of any monthly rent/buy payment period (and so to end the rent/buy agreement), prior to the final fourth payment where ownership would have transferred to you?
i. Contact/returns process
If you wish to end the agreement and return the equipment - You must contact us within 7 days before the end of the current monthly rent-buy payment period and we will confirm with you the process for returns.
It is the responsibility of the rent/buyer to enable the return of the equipment to us within the period of the calendar month of the current RENT/BUY payment period.
You must inform us 7 DAYS PRIOR TO THE END OF THAT PAYMENT PERIOD if you do not want to enter into another RENT/BUY, monthly payment period. If you do not contact us by then, you agree that you will be deemed to be entering the next one monthly by rent/buy payment period automatically
There is a good reason need you to contact us in 7 days in advance of the end of the monthly payment period - to tell us you wish to return the equipment and end the agreement. This enables us to make all arrangements with you for the return of the equipment to us to be achieved prior to, or on, the last date of that RENT/BUY payment period.
Payment of a RENT/BUY monthly charge can be made via our website only – we operate a subscription based charging method – with each subsequent months RENT/BUY charge automatically being taken from your account exactly one month after the previous payment. This continues until you have elected to cancel the agreement as described above.
If, at the final date of your chosen final agreed rent/buy monthly period, we are still yet to take delivery of the returned equipment for any reason, (including but not limited to: courier delays, public holidays et cetera), you may see that a final payment of an amount equivalent to one month's rent/buy may leave your account. This is a holding/security deposit and is charged to you temporarily until you have returned the equipment to us, and we have signed off on its condition. THIS CHARGE IS NOT ANOTHER MONTHLY CHARGE TO YOU! Once signed off we will refund this deposit – less any amount for damage or loss, (as defined below). We will not make any such deductions without first informing you and explaining the basis for such a decision.
Once all the above stages have been completed as required - we will terminate the subscription arrangement and the rent/buy agreement will be terminated.
ii. If you do not Contact us or Return equipment
If you do not contact us by the above 7-day time limit to tell us that you wish to end the agreement, and to facilitate the return of the equipment - then you accept that you can be deemed by us as having entered into and are liable to pay us for the next 1-month rent/buy period.
If your next automatic payment reaches our our bank account as usual for any such payment month you agree that you are continuing with the rent/buy agreement.
After payment number 4 has been successfully made ownership automatically passes to you as stated.
For specific details of what happens from this point if any payment does not go through, and the equipment has not yet been returned to us - see section B(ii) titled “late returns and failed payments”
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To allow for any unforeseen circumstances beyond the control of you or us - As long as we receive the equipment back within 48 hours after the end of the stated 1-month payment period, you will be deemed not to have entered a new 1-month rent/buy payment period and will not incur another months charge.
B) Return of Our Equipment
(i) Practical requirements - Shipping
You must ensure the equipment is clean and safely packaged and returned to us - at the address nominated by us - on or before the final day of the rent/buy period.
1. ARRANGING DELIVERY YOURSELF
You are at liberty to return the equipment to us using any recognised profession parcel courier - at your own expense and risk. We advise fully insuring it at market value against loss, damage and theft. You are liable for any such eventualities.
2. ASKING US TO ARRANGE COLLECTION
If you prefer - we can arrange for a parcel collection from a customers original delivery address on an agreed date. We will quote you a charge for this service and if you are in agreement we will deduct the cost of this service from your final “end of rent/buy” security deposit prior to refunding you. The charge to use this service is usually £15 or so.
Where we arrange collection - It is your responsibility to be in for the collection. If the collection fails because you are not in - we will still be billed by the courier company and we will deduct the exact amount they charge us from your security deposit also as above..
We will either email you (or the collection driver may bring) a mailing label that must be securely fixed to the box. If you are printing your label it is advised that clear tape be used over the entire label including bar codes - to affix it to the box. All tape must be pushed down and adhered to the box so the label stays secure. The tracking number must also be written on the box.
It is your responsibility to package the equipment safely and to secure the label properly.
(ii) Late returns and/or failed payments
a) During the first calendar month after the end of an Agreed/paid 1 month rent/buy payment period:
As stated above any equipment not received by us by the end of the currently agreed 1 month rent/buy payment period is subject to a subsequent month’s continued charge as you will be deemed to have entered a new rent/buy month. This is unless a dispensation for late return has been approved in writing by us.
This charge shall be deducted from the account provided by you through the subscription agreement. As stated above this monthly process repeats until the final payment is made at which time ownership passes to the lease buyer in any case.
The rent/buyer accepts that they have now entered a new additional 1 month rent/buypayment period, with a commencement date beginning the day after the expiry of the previous 1 month rent/buy payment period. We deem this a “non-agreed” 1 month rent/buy period.
b) Failure of Rent/Buyer payments and/or return of rent/buy Equipment -
If any monthly payment fails to clear and the situation is not rectified after 7 days of the beginning of any 1 month rent/buy payment period in (a) above, the rent/buyer acknowledges failure by him/her to comply with the agreed terms.
(Rectify means: if we still have not received full payment, or our equipment back in full working order, or it has been returned damaged or incomplete).
You agree that circumstances, you the rent/buyer are liable to pay us a charge equal to manufacturers recommended retail price for the equipment. This is in addition to any outstanding debts the rent/buyer has accrued from non-payment of any previous monies outstanding. We will recover these monies through our monthly subscription agreement with you.
If for any reason these monies are not recoverable through the subscription agreement - this may result in our passing your debt to a debt recovery company or recourse through the courts.
IF YOU ARE UNABLE TO PAY AT ANY TIME PLEASE CONTACT US IMMEDIATELY AND WE CAN WORK OUT A RESOLUTION – PLEASE DO NOT IGNORE THE SITUATION.
C) Responsibility for the equipment
i) Caring For Your Equipment - Fair “wear and tear”.
a) All devices are supplied with a waterproof, wipe clean cover. We encourage you to keep the cover on at all times (to prevent damage to the equipment).
b)
We will only make a charge if there is significant new damage or missing parts that would require us to replace.
Please note: we do play fair! Fair “wear and tear” is acceptable
By 'Acceptable' Wear & Tear we mean: Minor scuff and scratch marks.
ii) Damage/Loss to rent/buy equipment
For damage or loss is not deemed acceptable wear and tear:. The rent/buyer accepts absolute financial responsibility for any loss or damage to the equipment whilst it is in their possession.
If Equipment is damaged/lost we can help you remedy this. Financial responsibility as stated resides with the rent/buyer. We can assist in the repair or replacement of items all the whole system and will make a charge to the lease buyer accordingly. We agree to rebate any portion of such charge not necessary to satisfy the rent/buyers obligations under these terms after the necessary any replacement or necessary repair has been completed;
The following conditions apply to damage to the equipment or related equipment due to:
(a) The rent/buyer losing the equipment;
(b) Theft of the rent/buy equipment;
(c) negligent acts or omissions of the rent/buyer
Costs
9. The rent/buyer shall pay to us all costs and expenses incurred by us in recovering any money or in connection with the exercise or attempted exercise of any rights or remedies under these terms and conditions, including commissions and legal costs on a solicitor and client basis.
rent/buyer Obligations
11. The rent/buyer shall notify us immediately if the equipment is lost or damaged and shall follow all reasonable instructions.
Notwithstanding any other provision in these terms and conditions, in consideration of the
rent/buyer of the equipment by us to the rent/buyer, the rent/buyer acknowledges:
(a) he/she accepts full responsibility for the care of the equipment and all related parts during the rent/buy.
(b) any damage to the equipment or related parts beyond reasonable wear and tear, up to and including total loss or theft, will be the
rent/buyer absolute responsibility and accordingly the rent/buyer agrees to compensate us for any damage and authorises us to charge the rent/buyers debit/credit card for the full current retail price as listed on our website at that time. (Or for products/items not listed for sale on that website an amount equivalent to the manufacturers current or most recent retail price)
To the maximum extent permitted by law, the rent/buyer acknowledges we have no liability whatsoever to the them for any loss or damage (whether direct, indirect or consequential) or for any loss of profit (or any other form of loss) arising in connection with the rent/buyer of the equipment, use of the equipment, transportation of the equipment, during participation in sports events etc, or arising from operation of these terms and conditions (whether in contract or in tort) including that resulting from any negligence on our part or arising by operation of law.
To the maximum extent permitted by law and subject to the above clause, the maximum aggregate liability of ours for any and all claims made by the rent/buyer whether as a result of any breach of these terms and conditions or on any other ground or terms whatsoever (including, but not limited to liability as a result of tort, including negligence) will not exceed in any circumstances the total amount of the Rental Charge in respect of which the claim has arisen from.
To the maximum extent permitted by law, the
rent/buyer will indemnify us against any liability, losses, damages or expenses incurred or suffered by us as a result of any claim made by the rent/buyer or a third person against us in respect of any loss or liability arising from these terms and conditions or arising out of the
rent/buyer of the equipment.
Nothing in these terms and conditions are intended to avoid the provisions of UK Consumer Law except to the extent permitted by that Law. To the extent that such liability cannot be lawfully excluded, these terms and conditions shall be modified to the extent necessary to give effect to the intention of the Law.
D). Privacy
The rent/buyer and each person who agrees these terms and conditions authorizes us:
(a) to collect, retain and use information about the rent/buyer or such other signatory from any person for the purpose of assessing the rent/buyers or such other signatory's creditworthiness;
(b) to disclose information about the lease/buyer or such other signatory to such persons as necessary or desirable to enable us to exercise any power, enforcement or attempted enforcement of our rights, remedies and powers under these terms and conditions.
June 2024
A. TERMS AND CONDITIONS OF HIRING EQUIPMENT FROM US
B. GENERAL TERMS AND CONDITIONS OF BUSINESS
A. T&C’s HIRING EQUIPMENT
The following is a detailed list of our terms of hire/rental of our health equipment. By ticking the T&C’s at checkout you agree to accept these terms below:
PEMF Equipment Hire Agreement
Terminology
Use of the term "we" or "us" refers to PEMF HEALTH CLINICS. Use of the term "you", "your" or "Hirer" includes the Hirer and if the Hirer is under 18 years of age, the Parent/Guardian recorded above as the Hirer. The terms “Hire” and “Rental” are used interchangeably.
A) Terms & Payment for Agreed Hire Charge Period
We Rent or Hire the equipment to you on a “per month or part thereof” basis.
Each Hire/payment period is 1 calendar month inclusive from the agreed date the Hired equipment is delivered to the address which you advised.
i) If you wish to continue to Hire the equipment beyond the current 1 month Hire/payment period -
You will then enter a new 1 month Hire/payment period - Please contact us within 7 days before the end of the period and we will confirm the continuation of the agreement and your next monthly subscription will be taken through our subscription agreement from your credit or debit card.
The above 7 day contact requirement applies to each subsequent month you wish to hire the device for, and which we agree to continue with, and is ongoing. Or. If:
ii) If you decide to return the equipment:
It is the responsibility of the hirer to enable the return of the Hired equipment to us within the period of the calendar month of the current Hire/payment period.
The Hirer must inform us 7 DAYS PRIOR TO THE END OF THAT HIRE/PAYMENT PERIOD if they do not want to enter into another Hire/payment period.
This enables us to make all arrangements with the Hirer for the the return of the equipment to us to be achieved prior to, or on, the last date of that. Hire/payment period.
Payment of the Rental Charge can be made via our website only – we operate a subscription based charging method – with each subsequent months rental charge automatically being taken from your account exactly one month after the previous payment. This continues until you have elected to cancel the agreement as described above.
IMPORTANT - FINAL PAYMENT
At the end of your final agreed rental period, you will see that a final payment of an amount equivalent to one month's rental leaves your account.
This is a holding/security deposit and is charged to you temporarily until you have returned the hired equipment to us, and we have signed off on its condition.
Once signed off we will refund your deposit – less any amount for damage or loss.
Please note: we do play fair! Fair “wear and tear” is acceptable of course. There may also be the odd mark etc from previous uses of the device you have rented.
We will only deduct from your deposit if there is significant new damage or missing parts that would require us to replace before renting out again.
If the Hirer does not contact us by the above 7-day time limit to facilitate the return of the Hired equipment - then the Hirer accepts they can be deemed as having entered into and are liable to pay us for another 1-month Hire period.
To allow for any unforeseen circumstances beyond the control of the Hirer or us - As long as we receive the Hired equipment back within 48 hours after the end of the stated 1-month Hire/payment period, the Hirer will be deemed not to have entered a new 1-month Hire/payment period and will not incur another months charge.
B) Delivery and Return Shipping
You must ensure the hired equipment is cleaned, appropriately and safely packaged and returned to us (at the address nominated by us) on the specified pick-up day.
1. ARRANGING DELIVERY YOURSELF
You are at liberty to return the equipment to us using any recognised profession parcel courier - at your own expense and risk. We advise fully insuring it at market value against loss, damage and theft. You are liable for any such eventualities.
2. ASKING US TO ARRANGE COLLECTION
If you prefer - we can arrange for a parcel collection from a customers original delivery address on an agreed date. We will quote you a charge for this service and of you are in agreement we will deduct the cost of this service from your final refunded amount.
We will either email you (or the collection driver may bring) a mailing label that must be securely fixed to the box. If you are printing your label it is advised that clear tape be used over the entire label including bar codes - to affix it to the box. All tape must be pushed down and adhered to the box so the label stays secure. The tracking number must also be written on the box.
It is your responsibility to package the equipment safely and to secure the label properly.
It is your responsibility to be in for the collection. If the collection fails because you are not in - we will still be billed by the courier company and we will deduct the exact amount they charge us from your final refunded payment..
Late returns
a) During the first calendar month after the end of an Agreed/paid 1 month Hire/payment period:
As stated above any Hired equipment not received by us from the Hirer after 48 hours after the end of the currently agreed 1 month Hire/payment period is subject to an additional month’s charge as you will be deemed to have entered a new rental month. This is unless a dispensation for late return has been approved in writing by PEMF HEALTH CLINICS.
This charge shall be deducted from the account provided by the Hirer through the subscription agreement.
The Hirer accepts that they have now entered a new additional 1 month Hire/payment period, with a commencement date beginning the day after the expiry of the previous 1 month Hire/payment period. We deem this a “non-agreed” 1 month hire period.
b) Continued Failure of Hirer to return Hired Equipment -
If after 7 days of the end of the “non-agreed” 1 month Hire/payment period in (a) above, we still have not received the Hired equipment back, or it has been returned damaged or incomplete, the Hirer acknowledges failure by him/her to return the Hired equipment to PEMF HEALTH CLINICS, in accordance with the agreed terms.
This will result in the Hirer being liable to pay PEMF HEALTH CLINICS a charge equal to manufacturers recommended retail price for the hired equipment. This is in addition to any outstanding debts the hirer has accrued from non-payment of any previous monies outstanding. We will recover these monies through our monthly subscription agreement with you.
If for any reason these monies are not recoverable through the subscription agreement - this may result in our passing your debt to a debt recovery company or recourse through the courts.
IF YOU ARE UNABLE TO PAY AT ANY TIME PLEASE CONTACT US IMMEDIATELY AND WE CAN WORK OUT A RESOLUTION – PLEASE DO NOT IGNORE THE SITUATION.
C) Responsibility for the hired equipment
This passes to the Hirer upon receipt of the hired equipment. The Hirer accepts absolute financial responsibility for any loss or damage to the Hired equipment during the rental.
Damage to Hired equipment
These conditions apply to damage to the Hired equipment or related equipment due to:
(a) The Hirer losing the Hired equipment;
(b) Theft of the Hired equipment;
(c) negligent acts or omissions of the Hirer.
Costs
9. The Hirer shall pay to PEMF HEALTH CLINICS all costs and expenses incurred by PEMF HEALTH CLINICS in recovering any money or in connection with the exercise or attempted exercise of any rights or remedies under these terms and conditions, including commissions and legal costs on a solicitor and client basis.
Hirer's Obligations
11. The Hirer shall notify PEMF HEALTH CLINICS immediately if the Hired equipment are lost or damaged and shall follow all reasonable instructions of PEMF HEALTH CLINICS.
Notwithstanding any other provision in these terms and conditions, in consideration of the rental of the Hired equipment by PEMF HEALTH CLINICS to the Hirer, the Hirer (or if the Hirer is under 18 years of age, the Hirer's parent or guardian), acknowledges:
(a) he/she is renting the Hired equipment for the Hirer's personal use only;
(b) he/she accepts full responsibility for the care of the Hired equipment and all related parts during the rental;
(c) any damage to the Hired equipment or related parts beyond reasonable wear and tear, up to and including total loss or theft, will be the Hirer's sole responsibility and accordingly the Hirer agrees to compensate PEMF HEALTH CLINICS for any damage and authorise PEMF HEALTH CLINICS to charge the Hirers debit/credit card for the full current retail price as listed on the Health-Revolution website at that time. (Or for products not listed for sale on that website an amount equivalent to the manufacturers current or most recent retail price) This charge will be the replacement cost of such equipment to cover such responsibility. PEMF HEALTH CLINICS agrees to rebate any portion of such charge not necessary to satisfy the Hirer's obligations under these terms after the necessary repair has been completed;
(d) any performance of the rent/buy equipment, or any malfunctions or shortcomings of the rent/buy equipment or related equipment while possession of the rent/buyer is not the responsibility of ours but is the sole responsibility of the rent/buyer.
.
To the maximum extent permitted by law, the Hirer acknowledges we have no liability whatsoever to the rent/buyer for any loss or damage (whether direct, indirect or consequential) or for any loss of profit (or any other form of loss) arising in connection with the rental of the rent/buy equipment, use of the rent/buy equipment, transportation of the
rent/buy equipment, during participation in sports events etc, or arising from operation of these terms and conditions (whether in contract or in tort) including that resulting from any negligence of ours or arising by operation of law.
To the maximum extent permitted by law and subject to the above clause, the maximum aggregate liability of ours for any and all claims made by the rent/buyer whether as a result of any breach of these terms and conditions or on any other ground or terms whatsoever (including, but not limited to liability as a result of tort, including negligence) will not exceed in any circumstances the total amount of the Rental Charge in respect of which the claim has arisen from.
To the maximum extent permitted by law, the
rent/buyer will indemnify us against any liability, losses, damages or expenses incurred or suffered by us as a result of any claim made by the rent/buyer or a third person against us in respect of any loss or liability arising from these terms and conditions or arising out of the rental of the rent/buy equipment.
Nothing in these terms and conditions are intended to avoid the provisions of UK Consumer Law except to the extent permitted by that Law. To the extent that such liability cannot be lawfully excluded, these terms and conditions shall be modified to the extent necessary to give effect to the intention of the Law.
If the rent/buyer is hiring the rent/buy equipment for the purposes of a business we must first be asked prior to it being used in a commercial setting.
D) Right to Terminate
At any time during the rental of the
rent/buy equipment we may terminate these terms and conditions with immediate effect for any reason whatsoever.
The rent/buyer grants us an irrevocable right and authority to enter at any time onto any place where the rent/buy equipment are situated or thought to be situated to remove the Hired equipment in the event the terms and conditions are terminated.
The rent/buyer indemnifies us against any cost, claim, damage, expense or liability suffered or incurred by us whether arising directly or indirectly from us exercising our rights under this clause or otherwise arising from termination of these terms and conditions or repossession of the
rent/buy equipment.
Cancellation of these terms and conditions by us is without prejudice to any rights of ours has under these terms and conditions.
E). Privacy
The rent/buyer and each person who agrees these terms and conditions authorises us:
(a) to collect, retain and use information about the rent/buyer or such other signatory from any person for the purpose of assessing the
rent/buyer or such other signatory's creditworthiness;
(b) to disclose information about the rent/buyer or such other signatory to such persons as necessary or desirable to enable us to exercise any power, enforcement or attempted enforcement of our rights, remedies and powers under these terms and conditions.
February 2023
Property of Pemf Health Clinics UK