Terms & Conditions
1. Interpretation:
1.1. In these conditions
SMS Mobility Hire Ltd is the supplier of the goods or services to the hirer
'Hirer' means the person whose order for the services is accepted by SMS, and is identified in the contract entered into on line and confirmed in emails
'Conditions' means the standard terms and conditions of supply set out in this document and online
'Contract' the hirer's order form which has been completed by telephone or on site and SMS acceptance of it, which will be subject to these Terms and Conditions at all times;
'Variations' to these terms and conditions will only be acceptable when in written format, no verbal variations on product or terms will have influence on them;
'Duration' means the duration of the contract
'Primary Period' or 'Minimum Period' means the duration of the contract
'Secondary Period' continuing period in multiples of the Primary Period
'Equipment' means a product of the specification and model notified by SMS, which SMS is to supply in accordance with the contract, pursuant to these conditions;
'Services' means the hire of equipment by SMS to the hirer for the duration, subject at all times to these conditions
'Working Days' means all days excluding weekends and public holidays as well as the period between Christmas Eve and New Year's Day in the country in which the hirer is domiciled for the purposes of this contract.
1.2. 'Working Hours' means the hours of 9.00am to 4.00pm Mon - Fri.
1.3. Words in the singular shall include the plural and vice versa.
2. Parties to this agreement:
2.1. Hirer: The person or persons entering into the hire of equipment
2.2. Owner: SMS Mobility Hire Ltd. Trading address: Unit 9, Grafton Way, Basingstoke. RG22 6HY ("SMS")
3. Basis of contract
3.1. The contract with SMS commences when the hirer places its order and gives its authorization to process payment for the contract, subject to any notification of non-acceptance from SMS.
3.2. SMS will confirm its acceptance to the hirer either by sending the hirer an email that confirms acceptance of the order, or by confirming the order by telephone ("Order Confirmation"). The contract between SMS and hirer will only be formed after SMS receives payment for the minimum period and sends the order confirmation.
3.3. If SMS are unable to supply a product, for example because that product is not in stock or is no longer available or because of an error in the price on the website, SMS will inform the hirer of this either by email or telephone, and SMS will supply a similar category product, or if none available, offer a refund to the hirer of the full amount as soon as possible.
3.4. By placing an order with SMS, the hirer warrants that he or she is:
- Legally capable of entering into contracts;
- At least 18 years old
4. Delivery
4.1. The hirer's order will be fulfilled by the approximate delivery date set out in the order confirmation, unless there is an event outside SMS control. If SMS are unable to meet the estimated delivery date because of an event outside our control, SMS will contact the hirer with a revised delivery date.
4.2. The hirer shall pay the costs of delivery, such costs to be included in the initial payment.
4.3. Delivery will be completed when SMS, delivers the products to the address the hirer provided.
4.4. If no one is available at the address to take delivery, SMS will leave the hirer a note that the products have been returned to SMS’s premises, in which case, please contact to rearrange delivery. A further charge for the delivery will be due.
4.5. The period of hire commences from time of delivery or attempted delivery and time of collection.
4.6. The products will be the hirer's responsibility from the completion of delivery, until collected by SMS
5. Rental period
5.1. This hire agreement is for a period as specified on the order form and commences on the date of delivery of the product
5.2. Frequency and period of payments are as agreed at time of order.
5.3. Hirer must return the product on time at the end of the contract term
5.4. Failure by the hirer to make available the product for return beyond this agreed date, will result in the hirer being responsible for continued hire payments until such return is made.
5.5. If no one is available at the address to allow collection, SMS will leave the hirer a note, and in which case, please contact SMS to rearrange collection. A further charge for the collection will be due.
5.6. The product must be made available for collection at the original delivery address, unless the hirer has notified SMS of a change of address, which has Agreed in writing.
6. Hirer's right to cancel the agreement
6.1. On confirmation of the contract, the hirer shall have the right to terminate the contract by giving notice to SMS within 14 working days from the date of order confirmation for a full refund. This right may be exercised by post to: SMS Mobility Hire Ltd, Unit 9, Grafton Way, Basingstoke. RG22 6HY or e:mail to [email protected] or by telephone on 01256 335900
6.2. By agreement the hirer will lose their right to the 14 days cancellation on this contract should they request delivery to be made in less than the 14 working days from commencement of the contract.
6.3. Hirer shall have the right to terminate this agreement by giving two working days’ notice prior to requested collection date. This to be made by contacting SMS as in clause 6.1, but this termination shall not mitigate any outstanding hire payments which have not been paid up to date of termination, nor liabilities in the clauses below. Ongoing payments will cease two working days after notice of termination is given, subject to clause 12
6.4. In the event of the death of the hirer, then on the return of the goods this agreement shall be terminated but this termination shall not mitigate any outstanding hire payments, as set out in the clauses below.
7. Hirer's responsibilities
7.1. The hirer will provide adequate delivery and collection access to enable SMS to deliver the products. The hirer shall sign a delivery note to acknowledge receipt of the product.
7.2 SMS will always exercise care on delivery so as not to damage property or decor whilst delivering goods, SMS will not be held liable for any accidental damage caused.
7.3. The hirer shall at all times keep the products properly stored, protected and insured in accordance with clause 14. The hirer shall make available to SMS the certificate of insurance policy for inspection upon request by SMS. Where appropriate, SMS will provide fully comprehensive insurance on powered wheelchairs and mobility scooters
7.4. Hirer must look after the product and keys, where fitted keeping the product in good repair. Where appropriate, hirer must always lock the product when not using it, and will incur a charge of £20.00 for replacement of any lost key.
7.5. Hirer must ensure that the documents, user manual and tools supplied with the product are returned in clean condition. Failure to do so will result in a charge for replacement of £20.00
7.6. Where appropriate, the hirer must use any security device fitted to or supplied with the product, and hirer must ensure that he keeps the product fully charged where electrical batteries are fitted.
7.7. Hirer must ensure that the goods are stored in a safe fashion, out of the elements, which includes a weather resistant storage cover on items that can be stored outdoors. Wheelchairs must be stored indoors.
7.8. Hirer must not sell, rent or dispose of the product or any of its parts. Hirer must not give anyone any legal rights over the product.
7.9. Hirer must not let anyone work on the product. Hirer will immediately notify SMS of any breakdown or if the product is defective or damaged in any way and without any attempt to repair.
7.10. Hirer must let SMS know as soon as he/she becomes aware of any defect(s) in the product. Hirer should use all reasonable endeavours to notify SMS of defects within 7 days of the date of delivery.
7.11. Hirer will be liable for cosmetic damage to the product including bodywork and will be liable for the reasonable costs of repair.
7.12. Damages to batteries and tyres where the damage is as a result of misuse, such as failing to keep the batteries charged, which results in irrecoverable battery failure, will result in the hirer being charged for the costs of repair by SMS.
7.13. Punctures in the tyres, or damage caused by driving with poorly inflated tyres will result in the hirer being charged for the costs of repair by SMS.
7.14. Hirer will have to pay for repairs if the hirer does not make a successful claim for accidental damage on the insurance in accordance with clause 8, or any portion of the claim that the insurance will not meet.
7.15. The Hirer will accept the responsibility for any product supplied to them during the course of this contract as a temporary or long-term loan or replacement while their product is with SMS.
7.16. The Hirer is responsible for ensuring that when using the product, he/she complies with all relevant legislation and health and safety requirements.
8. SMS Mobility Hire Ltd responsibilities
8.1. SMS will maintain the product to at least the manufacturer's recommended standard, and undertakes that the product is roadworthy if relevant and suitable for hire at the start of the hire period. SMS can only be accountable for any maintenance problems if notified by the hirer, continued use by the Hirer once notification has been made will be the total responsibility of the Hirer. The hirer accepts all liability in this instance.
8.2. SMS will ensure that equipment that requires a LOLER or PAT certificate will have a current one in place. Where a certificate is required during a period of hire, then the hirer must ensure they inform SMS of this need.
8.3. If the hirer notifies SMS of a defect then we will endeavour to send an engineer to the hirer to inspect and repair or replace the product within 48hrs of notification by the hirer, at no additional cost to the hirer, provided that the defect is not a result of the misuse or negligence of the Hirer.
8.4 In the case of a breakdown the hirer will need to contact the breakdown recovery number. The recovery is limited to a 20 mile distance by road of the home address. If on holiday or away from home, recovery of both you and your mobility product will be made to your local point of accommodation within a 20 mile distance by road of the breakdown location. A taxi will be provided if the policyholder is unable to transfer into the recovery vehicle.
Principle Exclusions
1. Service is not for any other type of vehicle for example car or van.
2. Service cannot be given to persons who require medical assistance in transferring from their vehicles to the recovery vehicle.
3. Policy does not cover costs of any parts used in repair, labour charges (that are not covered in the policy), ferry costs, road tolls, congestion charges and cost of additional equipment.
4. Service is not available for vehicles at a location that is inaccessible from the public highway or ferry crossing to an island from mainland.
5. Policy does not cover any costs incurred by the member to a third party.
9. Property
9.1. SMS is not responsible for loss or damage to property left in or on the product. Risk shall transfer to the hirer on the date of delivery of the product, and shall end on the date of collection.
10. Conditions for using the product
10.1. The product must only be used by the person(s) named in the agreement, or by anyone SMS authorises in writing.
10.2. Hirer or any authorised user must not:
- Resell, hire or lend the product.
- Use the product for any illegal purpose.
- Use the product for any purpose for which it was not designed.
- Pledge or in any way charge by way of security for any indebtedness of any of the products.
- Use the product following a notification of a defect to SMS until such time repair or replacement has taken place
11. Collection or return of products
11.1. SMS will always exercise care on collection so as not to damage property or decor whilst collecting goods, SMS will not be held liable for any accidental damage caused.
11.2. The hirer grants SMS, its agents and employees an irrevocable licence to enter any premises where the product is stored on reasonable prior notice for the purpose of collecting the product;
11.3. SMS will use reasonable endeavours to collect the product in two working days following the hirer's request;
11.4. SMS will issue a 'collection reference number' in acknowledgement but the hirer shall remain responsible for the product until actual collection;
11.5. 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 product is collected by SMS; and
11.6. The costs of any subsequent collection attempts will be paid by the Hirer.
12. Charges
12.1. Hirer will pay the following charges:
- The hire charge.
- Any charge for loss or damage resulting from non-compliance with Clause 4.
- The cost of repairing or replacing the product 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).
- Hirer may not have to pay the whole of the cost of repairing or replacing the product if the hirer has an insurance claim accepted by the insurance on the product.
- Any published or notified rates for delivering and collecting the product.
- On demand, SMS costs, including reasonable legal fees where permitted by law, incurred in collecting payments due from the hirer under the Agreement.
- Value added tax and all other taxes and levies on any of the charges listed above, as appropriate.
- Hirer is responsible for all charges, even if he/she has asked someone else to be responsible for them.
12.2. The hirer shall make available a current active credit or debit card to allow such charges to be collected and hereby gives SMS permission to use this card
13. Payment Terms
13.1. All payments for products should be made by debit or credit card
13.2. Payments for products and all applicable delivery and collection charges shall be made weekly in advance.
13.3. If the hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to SMS, then SMS shall be entitled to:
- Cancel the contract and suspend any further supply of services to the hirer until such time as the hirer has paid in full including any interest under these conditions;
- Recover any products already delivered to the hirer for which payment has not been received;
- Utilise any payment made by the hirer to SMS against payment due under this contract (even if this payment has been made under any other contract between the hirer and SMS) as SMS may think fit; and
- Charge the hirer interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per cent per annum above HSBC 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 SMS in the recovery of amounts due.
13.4. The Hirer shall not be entitled to withhold any payment (or part thereof) or make any deduction from the amount invoiced by SMS in respect of any set-off or counterclaim unless such deduction or withholding is agreed in advance by SMS in writing.
14. Warranty
14.1. SMS warrants that the product will correspond in all material respects with its description given on the website at the time of delivery and for the duration of the contract.
14.2. The warrant in clause 15.1 does not apply where the defect arises from wilful damage, negligent use of the product, abnormal usage conditions, failure to follow SMS's instructions (whether oral or in writing), misuse or alteration or repair of the product without SMS's prior approval while the product is in the responsibility of the hirer in accordance with the terms of this contract.
14.3. 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.
14.4. Where any valid claim in respect of any product which is based on any defect in the quality, condition or quantity of the product is notified to SMS in accordance with these conditions, SMS shall be entitled to replace the product (or part of the product) free of charge, but this shall be the hirer's sole remedy and SMS shall have no further liability to the Hirer in this respect.
14.5. SMS 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.
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, 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 SMS's obligations under a contract.
- SMS will contact the Hirer as soon as reasonably possible to notify the Hirer; and
- SMS's obligations under the contract will be suspended and the time for performance of SMS's obligations will be extended for the duration of the event outside our control. Where the event outside our control affects SMS's delivery of products to the hirer, SMS will arrange a new delivery date with the hirer after the event outside our control is over.
15. Title
All goods for hire purposes remain the property of SMS. If payment (or part) is overdue, we reserve the right to remove the goods and may enter upon the hirer's premises for that purpose. The hirer grants SMS the right to enter his/her premises in this instance.
16. Risk Protection
16.1. Where the product on hire is a motorised vehicle of the classification ‘Invalid Carriage’ then this will be supplied with fully comprehensive insurance cover subject to the terms of the insurance policy, which can be found on our website, or by request from SMS
16.2. Where the agreement is for equipment not covered under 17.1 then the hirer is to insure the goods themselves.
17. What to do in case of accident or theft
If the hirer has an accident he must immediately notify SMS and the insurance company. The hirer should get the names and addresses of everyone involved, including witnesses. The hirer should also make the product secure, and tell the police immediately if anyone is injured or there is a disagreement as to the facts. The hirer must then fill in an insurers incident report form (which must also be filled in if the product is stolen) and send it to the address given as soon as practically possible. The hirer shall remain liable irrespective of whether he has completed this form.
18. SMS's right to vary these terms
SMS may update these conditions periodically by giving the Hirer at least 30 days' advance notice in writing ("Notice Period") to the hirer's email address. If SMS makes a change to the contract which would reasonably be regarded as being to the hirer's material detriment, the hirer may terminate the contract by giving SMS written notice within 14 days of receipt of notice of the change from SMS, such termination to take effect on expiry of the notice period
19. Information
SMS will maintain the personal information on the agreement as part of SMS records to assist it to maintain and improve its administration and management.
20. Governing law
The agreement 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.
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 you make your payments to and giving at least 1 months’ notice. In order to do this the agreement must have been allowed to run for at least 12 months, including 50% of the number of payments due from the date of the original agreement though 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.
Authorised and regulated by the Financial Conduct Authority FRN 706661
General
All our prices are in pounds sterling. The majority of our prices are shown excluding VAT as the products are zero rated.
Where products can sometimes attract VAT, the price will be clearly shown both inclusive and exclusive of VAT.
SMS Mobility Hire Ltd reserve the right to change prices without prior notice.
Zero rating VAT
VAT zero rating is granted by HM Customs & Excise and therefore requires the completion of a simple declaration detailing your disability / condition, which must be completed at the time of purchase. Most of our customers may qualify for VAT zero rating, although some of our products are not zero rated and this will be added at the time of purchase. If you are in any doubt and would like to check the VAT regulations, details can be found at HM Customs and Excise, Notice 701/7, Supplies to handicapped people. If you are a charity making goods available to a disabled person, details of the regulations can be found at HM Customs and Excise, Notice 701/7, Supplies to charities.
Security/Privacy
Your details are protected by the data protection act and will not be disclosed at any time. Our payment system is through the HSBC who use the most up to date card holder payment system, therefore card holders have the added confidence of a guarantee that their payment details will not be divulged to any third party.
No credit card details put into the system will be held or stored anywhere by us.
Complaints Procedure
When a complaint is made to SMS Mobility Hire Ltd we will endeavour to acknowledge receipt of said complaint within three working days. We will then respond to your complaint within five working days from receipt.
If we are unable to respond to your complaint due to it being of a complex nature, we will contact you within five working days to advise you of the situation and keep you updated on the progress. We will aim to resolve any complaint in its entirety within 28 days.
Where it is not possible to resolve your complaint we will write to you giving a full clear explanation and details of how to contact the Basingstokes Borough Council Trading Standards.
Disclaimer
All goods rented from SMS Mobility Hire Ltd are at the request of the customer. We do not offer medical advice, just guidance from the information given by the customer. If you are in any doubt as to the suitability of the product before you hire we would advise that you seek the advice of an occupational therapist.
Some of our product images are for illustration purposes only.