Terms & Conditions of Hire Agreement

1) General

The "Customer" is the Customer referred to in the hire agreement and the "Owner" is Rowing Centre UK Ltd (RCUK). The Hire Agreement is between these two parties. The Owner will hire and the Customer will rent during the Rental Period the items (Equipment) all as referred to in the hire agreement or subsequently amended in accordance with the Agreement provided the Customer pays the hire charges and complies with these conditions.

No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Owner.

Until the Owner has received payment of all sums due from the Customer to the Owner on any account title in the goods shall remain in the Owner and the Customer shall hold them as the Owners bailee and fiduciary agent.

Claims in respect of short delivery or damage must be made at the time of delivery.

2) Ownership and Location of Equipment

All Equipment hired to the Customer will remain the property of the Owner at all times. The Customer must not remove, alter or obscure the Owner's markings. The Customer must not at any time allow possession of the Equipment to any other party nor create or purport to create any rights in to or over the Equipment.

The Customer will not re-hire, sublet or lend any of the Equipment to any third party unless the Owner's written consent is obtained beforehand.

The Equipment will be stored at the Customer's address or other location as detailed in the hire agreement. Any permanent change of storage address by the Customer must be advised to the Owner immediately in writing.

3) Payment

All hire charges will be payable in advance.

4) Pre-Authorisation Deposit

The Owner will raise a pre-authorisation deposit, to the value detailed in the agreement. This pre-authorisation will remain until the end of the Rental Period and will be cancelled if the Equipment hired is returned in the same condition (fair wear and tear excepted) as it was when delivered to the Customer. However the Owner is entitled to charge up to the limit of the pre-authorisation deposit any outstanding sums then owing or payable by the Customer.

5) Obligations

The Customer is responsible for ensuring that the boat is returned to the trailer at the end of the Rental Period. The Customer will bear the cost of repair to any damage (except natural wear and tear) occurring to the Equipment and such responsibility will extend to the limit of the deposit whilst in the care and control of the Customer. The Customer's liability extends to damage incurred to the Equipment when being returned to the Owner in the eventuality of damage due to lack of care. As a guide indicative costs for repairs/loss/etc are as follows:

£100 – Nick in canvas/hull; broken/lost seat; loss of fin; damage to rudder; failure to load boat onto trailer after use

£200 – Damage to rigger; small hole in outer skin of shell

£250 – Hole through hull; loss of rudder

6) Breakdown for Non Service Items

The Customer must inspect the Equipment for any damage or defects prior to use and report any issues to the Owner. The Customer must inform the Owner immediately of any breakdown or unsatisfactory working of the Equipment. The Customer must not undertake repairs without prior consent of the Owner.

7) Assignment

The Owner may assign or otherwise transfer the Agreement in whole or in part or any benefit or interest in the Agreement to any other person by written notice to the Customer.

8) Cancellation

Notice to cancel the Agreement must be received in writing by the Owner at least 1 month prior to the start of the Rental Period. There will be no refund of the Hire Fee for cancellations received less than 1 month prior to the start of the Rental Period.

9) Liability

The Owner accepts no liability for personal injury or illness sustained by the Customer in the use of the Equipment, or of anyone else using the Equipment, either with or without the Customers consent, whether sustained through its proper intended use or otherwise, unless attributable to a defect of the Equipment (in which case the Customer should desist from using the Equipment) or the negligence of the Owner. Subject to this, the Owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond the Owners reasonable control.

THE CUSTOMER MUST ENSURE THAT THEY ARE PROPERLY COVERED BY INSURANCE FOR ANY RISKS INVOLVED IN THE USE OF THE EQUIPMENT SUCH AS PERSONAL INJURY OR DEATH TO USERS OF THE EQUIPMENT.

The Owner will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the Agreement on the Owner's part.

Before using any Equipment provided by the Owner, the Customer must ensure that all users of the Equipment have been instructed in the safe use and operation of the Equipment.

The Customer must comply with all applicable laws and regulations relating to the use of the Equipment, including but not limited to maritime laws and regulations.

10) Governing Law

The Agreement shall be governed by and construed in all respects in accordance with English law and the parties agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with this Agreement.

11) Entire Agreement

These conditions set out the whole of our Agreement relating to the supply of the Equipment to you by us. Nothing said or written by any salesperson, agent, employee, director or other representative on the Owner's behalf should be understood as a variation of these conditions or as a separate term or agreement. Save for fraud or fraudulent misrepresentation, the Owner shall have no liability for any such representation said or written being untrue or misleading.

Rowing Centre (UK Limited)
Tel: 01582 872338 Email: enquiries@rowingcentre.co.uk
Registered in England & Wales No. 04539455
VAT Registration No. 821359636