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 Hired equipment, or any malfunctions or shortcomings of the Hired equipment or related equipment while hired to the Hirer, is not the responsibility of PEMF HEALTH CLINICS but is the sole responsibility of the Hirer.
To the maximum extent permitted by law, the Hirer acknowledges PEMF HEALTH CLINICS has no liability whatsoever to the Hirer 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 Hired equipment, use of the Hired equipment, transportation of the Hired 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 PEMF HEALTH CLINICS or arising by operation of law.
To the maximum extent permitted by law and subject to the above clause, the maximum aggregate liability of PEMF HEALTH CLINICS for any and all claims made by the Hirer 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 Hirer will indemnify PEMF HEALTH CLINICS against any liability, losses, damages or expenses incurred or suffered by PEMF HEALTH CLINICS as a result of any claim made by the Hirer or a third person against PEMF HEALTH CLINICS in respect of any loss or liability arising from these terms and conditions or arising out of the rental of the hired 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 Hirer is hiring the Hired 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 up to the rental of the Hired equipment or anytime during the rental of the Hired equipment, PEMF HEALTH CLINICS may terminate these terms and conditions with immediate effect for any reason whatsoever.
The Hirer grants PEMF HEALTH CLINICS an irrevocable right and authority to enter at any time onto any place where the Hired equipment are situated or thought to be situated to remove the Hired equipment in the event the terms and conditions are terminated.
The Hirer indemnifies PEMF HEALTH CLINICS against any cost, claim, damage, expense or liability suffered or incurred by PEMF HEALTH CLINICS whether arising directly or indirectly from PEMF HEALTH CLINICS exercising its rights under this clause or otherwise arising from termination of these terms and conditions or repossession of the Hired equipment.
Cancellation of these terms and conditions by PEMF HEALTH CLINICS is without prejudice to any rights PEMF HEALTH CLINICS has under these terms and conditions.
E). Privacy
The Hirer and each person who agrees these terms and conditions authorises PEMF HEALTH CLINICS:
(a) to collect, retain and use information about the Hirer or such other signatory from any person for the purpose of assessing the Hirer's or such other signatory's creditworthiness;
(b) to disclose information about the Hirer or such other signatory to such persons as necessary or desirable to enable PEMF HEALTH CLINICS to exercise any power, enforcement or attempted enforcement of PEMF HEALTH CLINICS’s rights, remedies and powers under these terms and conditions.
February 2023
Property of Pemf Health Clinics UK