Terms and Conditions
Terms of Sale
Please read the terms and conditions carefully before placing your order and retain a copy for future reference
1. General
1.1 These terms and conditions will apply to all transactions placed online, by e-mail, telephone or by post with ev-entz.co.uk ltd. Please read carefully before placing any order. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.
1.2 By using this site you are agreeing to these terms and conditions and all transactions with ev-entz.co.uk ltd, will be governed thereby.
1.3 All references to the ‘company’, ‘us’, or ‘we’ will refer toev-entz.co.uk ltd. All references to ‘the customer’ or ‘you’ shall mean the person or persons purchasing or agreeing to purchase goods or services from the company.
1.4 All prices are shown in pound sterling (£) and are inclusive of UK VAT at the current rate unless clearly stated otherwise.
2. Orders
2.1 We are pleased to accept orders by the following methods. Online transaction (secure server), telephone, post, fax or in person through our store.
2.2 Any order placed by you for goods or services advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we accept it (which we may do at our discretion).
2.3 We will send you an email acknowledgment to confirm your order has been received. This acknowledgement is not notification that we have accepted your order.
2.4 If we accept your order we will notify you by email prior to despatch of the goods. If we cannot accept your order we will notify you by email or telephone.
2.5 If in the event that, after we accept your order, we discover that the goods are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and offer you a refund or alternative product.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time the order is placed. Payment shall be due before the delivery date and time. Non payment of an order will result in its cancellation.
3.2 All credit/debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, American Express, Visa, Electron, Delta, Maestro and Solo. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders for immediate despatch will be accepted or processed without a valid card payment in the name of the registered cardholder.
3.3 There will be no delivery until cleared funds are received.
4. Delivery
4.1 The goods ordered will be delivered to the address provided when you place your order.
4.2 Items ordered will be delivered as soon as possible, dispatch targeted within two working days of order being placed unless otherwise notified. Every effort is made to ensure that delivery is made within the estimated time scales and at a maximum of twenty-eight days. All goods are subject to availability. In the event that we are unable to supply your goods within twenty-eight days, we will inform you immediately and advise you of the expected delivery date.
4.3 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
4.4 In the event of any goods delivered by us being damaged in transit, deficient of items shown on the delivery note or failing to match the items ordered by you, then such details must be notified by you to us within three working days of the receipt. If no such notification the customer will be deemed to have accepted the items as satisfactory. We cannot be held responsible for any consequential loss caused by late delivery or failure to deliver by the company’s appointed carrier. Liability in such cases is limited to the value of those items, which are shown to have not been received by the customer.
4.5 If you deliberately fail to take delivery of the goods (otherwise by than reason of circumstances beyond control) then without prejudice we may;
4.5.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage.
4.5.2 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
5. Returns and Exchanges
5.1 Under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000 you as consumer have the right to cancel the contract for the purchase of any item within seven working days of delivery within reason. These include and are not limited to the setup, action, feel, build quality and sound of a product. If you wish to return any item please email office@ev-entz.co.uk, to receive a returns number within your 7 day contractual period with details of why you wish to return your product. Once you have your returns number you can send the item back to us yourself or our courier can collect the item(s) and return them to us at a cost of £10.00. A £5 admin charge for this service will be charged.
5.2 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy. Once we have verified the fault with your product within the applicable guarantee period (normally 12 months from delivery) we will normally offer a prompt repair service. If the fault occurs within 28 days of purchase you will always have the option of exchange, refund* or credit (*with proof of purchase). This does not affect your statutory rights.
5.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier. We recommend that all items returned to us be sent recorded delivery with insurance paid as a minimum. Your local Post Office will be able to advise you.
5.4 Please note that any items returned to us that you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
6. Cancelling an item
6.1 You have the right to cancel the contract at any time up to 7 working days.
6.2 To exercise your right of cancellation, you must give written notice to us by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown within the returns section of our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, either collect the goods from you or ask you to return the goods to us in accordance with our Returns procedure.
6.4 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 You do not have the right to cancel the contract if the order is for the following items:
6.5.1 All microphones, any in-ear earphones, or in-ear monitors, and any other items that touch your mouth, your nose, or your inner ear;
6.5.2 Bespoke orders and products that require fixed installation;
6.5.3 DVD, audio, and software products where the item has been unsealed.
7. Products
7.1 Products are sold singly unless otherwise stated. Every effort is made to ensure the colours depicted on the site match as closely as possible those of the actual product. Due to technical limitations, some colours may vary.
8. Guarantee
8.1 All products offered are guaranteed for a period of twelve months unless otherwise stated from the date of the original invoice. The guarantee excludes faults caused by accidents, neglect, misuse and fair wear and tear. In the event of a warranty claim, please return the item with a copy of the original receipt to:
Ev-entz.co.uk ltd
Standard house
Herbert road
Newport
NP19 7BH
Please identify clearly the area or part that has failed. All items must be returned in their original condition as sent.
9. Pricing and print errors
Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.
10. Ownership of goods
10.1 All Items supplied to the customer remain the property of ev-entz.co.uk ltd until final payment of all sums owing in respect of those goods has been received in full by us.
11. Complaints
11.1 Any complaint can be sent to the address below. We will endeavour to deal with your complaint as soon as is possible. In the event where we cannot resolve your complaint immediately, we will advise a likely timescale to you and keep you informed of any investigation.
12. Office Hours
Monday – Saturday 9.00am – 5.30pm
13. Registered Address & Contact Details
Ev-entz.co.uk ltd
Standard house
Herbert road
Newport
NP19 7BH
These terms and conditions do not affect your statutory rights.
1. General
1.1 These terms and conditions will apply to all transactions placed online, by e-mail, telephone or by post with ev-entz.co.uk ltd. Please read carefully before placing any order. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.
1.2 By using this site you are agreeing to these terms and conditions and all transactions with ev-entz.co.uk ltd, will be governed thereby.
1.3 All references to the ‘company’, ‘us’, or ‘we’ will refer toev-entz.co.uk ltd. All references to ‘the customer’ or ‘you’ shall mean the person or persons purchasing or agreeing to purchase goods or services from the company.
1.4 All prices are shown in pound sterling (£) and are inclusive of UK VAT at the current rate unless clearly stated otherwise.
2. Orders
2.1 We are pleased to accept orders by the following methods. Online transaction (secure server), telephone, post, fax or in person through our store.
2.2 Any order placed by you for goods or services advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we accept it (which we may do at our discretion).
2.3 We will send you an email acknowledgment to confirm your order has been received. This acknowledgement is not notification that we have accepted your order.
2.4 If we accept your order we will notify you by email prior to despatch of the goods. If we cannot accept your order we will notify you by email or telephone.
2.5 If in the event that, after we accept your order, we discover that the goods are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and offer you a refund or alternative product.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time the order is placed. Payment shall be due before the delivery date and time. Non payment of an order will result in its cancellation.
3.2 All credit/debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, American Express, Visa, Electron, Delta, Maestro and Solo. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders for immediate despatch will be accepted or processed without a valid card payment in the name of the registered cardholder.
3.3 There will be no delivery until cleared funds are received.
4. Delivery
4.1 The goods ordered will be delivered to the address provided when you place your order.
4.2 Items ordered will be delivered as soon as possible, dispatch targeted within two working days of order being placed unless otherwise notified. Every effort is made to ensure that delivery is made within the estimated time scales and at a maximum of twenty-eight days. All goods are subject to availability. In the event that we are unable to supply your goods within twenty-eight days, we will inform you immediately and advise you of the expected delivery date.
4.3 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
4.4 In the event of any goods delivered by us being damaged in transit, deficient of items shown on the delivery note or failing to match the items ordered by you, then such details must be notified by you to us within three working days of the receipt. If no such notification the customer will be deemed to have accepted the items as satisfactory. We cannot be held responsible for any consequential loss caused by late delivery or failure to deliver by the company’s appointed carrier. Liability in such cases is limited to the value of those items, which are shown to have not been received by the customer.
4.5 If you deliberately fail to take delivery of the goods (otherwise by than reason of circumstances beyond control) then without prejudice we may;
4.5.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage.
4.5.2 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
5. Returns and Exchanges
5.1 Under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000 you as consumer have the right to cancel the contract for the purchase of any item within seven working days of delivery within reason. These include and are not limited to the setup, action, feel, build quality and sound of a product. If you wish to return any item please email office@ev-entz.co.uk, to receive a returns number within your 7 day contractual period with details of why you wish to return your product. Once you have your returns number you can send the item back to us yourself or our courier can collect the item(s) and return them to us at a cost of £10.00. A £5 admin charge for this service will be charged.
5.2 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy. Once we have verified the fault with your product within the applicable guarantee period (normally 12 months from delivery) we will normally offer a prompt repair service. If the fault occurs within 28 days of purchase you will always have the option of exchange, refund* or credit (*with proof of purchase). This does not affect your statutory rights.
5.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier. We recommend that all items returned to us be sent recorded delivery with insurance paid as a minimum. Your local Post Office will be able to advise you.
5.4 Please note that any items returned to us that you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
6. Cancelling an item
6.1 You have the right to cancel the contract at any time up to 7 working days.
6.2 To exercise your right of cancellation, you must give written notice to us by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown within the returns section of our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, either collect the goods from you or ask you to return the goods to us in accordance with our Returns procedure.
6.4 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 You do not have the right to cancel the contract if the order is for the following items:
6.5.1 All microphones, any in-ear earphones, or in-ear monitors, and any other items that touch your mouth, your nose, or your inner ear;
6.5.2 Bespoke orders and products that require fixed installation;
6.5.3 DVD, audio, and software products where the item has been unsealed.
7. Products
7.1 Products are sold singly unless otherwise stated. Every effort is made to ensure the colours depicted on the site match as closely as possible those of the actual product. Due to technical limitations, some colours may vary.
8. Guarantee
8.1 All products offered are guaranteed for a period of twelve months unless otherwise stated from the date of the original invoice. The guarantee excludes faults caused by accidents, neglect, misuse and fair wear and tear. In the event of a warranty claim, please return the item with a copy of the original receipt to:
Ev-entz.co.uk ltd
Standard house
Herbert road
Newport
NP19 7BH
Please identify clearly the area or part that has failed. All items must be returned in their original condition as sent.
9. Pricing and print errors
Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.
10. Ownership of goods
10.1 All Items supplied to the customer remain the property of ev-entz.co.uk ltd until final payment of all sums owing in respect of those goods has been received in full by us.
11. Complaints
11.1 Any complaint can be sent to the address below. We will endeavour to deal with your complaint as soon as is possible. In the event where we cannot resolve your complaint immediately, we will advise a likely timescale to you and keep you informed of any investigation.
12. Office Hours
Monday – Saturday 9.00am – 5.30pm
13. Registered Address & Contact Details
Ev-entz.co.uk ltd
Standard house
Herbert road
Newport
NP19 7BH
These terms and conditions do not affect your statutory rights.
Hire Terms and Conditions
1. General
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.
2. Contract
2.1 You may place your hire order with us by email, phone, fax, mail or in person.
2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment and stating total costs including installation, delivery or other applicable charges. We will also provide you with a set of these terms and conditions.
2.3 The contract between us will be formed when you advise us that you accept the order quote.
3. Hire Charges
3.1 Our hire charges and all other applicable charges will be as shown in the order quote. The order quote will also show the date the charges will start from and the period of the hire.
3.2 You should return all Equipment to us no later than 12 noon on the date shown on the contract and all equipment should be clean and in good working condition.
3.3 You agree to reimburse us for all costs in connection with cleaning, repairing or replacing Equipment not returned in clean and good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair or replacement.
3.4 We reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.5 Where cables are returned to us not properly coiled and taped and/or with rigging tape still attached, an additional charge of £5 inclusive of VAT per cable will be charged.
3.6 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment.
4. Payment
4.1 At our discretion we may ask for payment in full prior to delivery, payment within 14 days of delivery, or we may ask for a deposit prior to delivery with the balance within 30 days. The precise structure of payment will be specified in the order quote.
4.2 We accept payment by cash, credit card, cheque or BACS transfer.
4.3 Where any payment is not made by the date specified in the order quote we shall be entitled to charge interest on the outstanding amount at the rate of 8% per annum above the base rate of the Bank of England, accruing daily, until payment.
5. Delivery
5.1 We only deliver to customers in the United Kingdom, and all goods must be signed for by an adult aged 18 or over.
5.2 Equipment will be delivered in good working order. Unless notice is received to the contrary as soon as reasonably practicable and in any event no later than within 24 hours of delivery, Equipment will be deemed to be in good working order, except for defects not detectable by reasonable examination.
5.3 Our estimated time for delivery will be stated in the order quote. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated timescales.
6. Risk
6.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
6.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of delay.
7. Cancellation
7.1 You will not be entitled to cancel the contract once the Equipment has been uplifted or delivered, unless we agree to such cancellation.
7.2 If you are a business customer and wish to cancel the contract more than 4 days before the start of the hire we will refund monies paid less any delivery, restocking fee or similar charge which we incur. 7.3 If you are a business customer and wish to cancel the contract within 4 days of the start of the hire the following cancellation charges will apply (being a percentage of the hire charge excluding delivery and installation charges).
a) 72 -96 hours before start of hire period – 25% of hire charge.
b) 48 - 72 hours before start of hire period –50% of hire charge.
c) 24 – 48 hours before start of hire period –75% of hire charge.
d) Less than 24 hours before start of hire period – 100% of hire charge.
7.4 If you are a consumer then you have the right to cancel the contract for a period of 7 days starting from the day after the contract is formed, or until the hire commences, whichever is the sooner.
7.5 If you are a consumer canceling under clause 7.4 then you must advise us in writing immediately at Standard House, Crawford Street, Newport, NP19 7AY or by email to office@ev-entz.co.uk. We are not obliged to accept cancellation once the hire has started.
8. Your responsibilities
8.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other equipment which you use.
8.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
8.3 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
8.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damage beyond economic repair, and insure the Equipment against such liability.
8.5 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
8.6 This clause 9 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.
9. Maintenance
9.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
9.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to clause 9.3) to us. In no circumstances should you proceed to repair any item of Equipment without our prior approval.
9.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in terms of clause 5.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the Equipment could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse wear and tear, accident or neglect.
9.4 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
9.5 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
10. Liability and Indemnity
10.1 To the fullest extent permissible under law, we will not be liable for any losses you incur arising out of or in connection with the hire of the Equipment.
10.2 Notwithstanding the terms of clause 6.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.
10.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment
10.4 If you are a consumer, this clause 10 does not affect you statutory rights.
11. Termination of Hire
11.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
11.2 Where the provisions of clause 11.1 apply, you authorize us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.
2. Contract
2.1 You may place your hire order with us by email, phone, fax, mail or in person.
2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment and stating total costs including installation, delivery or other applicable charges. We will also provide you with a set of these terms and conditions.
2.3 The contract between us will be formed when you advise us that you accept the order quote.
3. Hire Charges
3.1 Our hire charges and all other applicable charges will be as shown in the order quote. The order quote will also show the date the charges will start from and the period of the hire.
3.2 You should return all Equipment to us no later than 12 noon on the date shown on the contract and all equipment should be clean and in good working condition.
3.3 You agree to reimburse us for all costs in connection with cleaning, repairing or replacing Equipment not returned in clean and good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair or replacement.
3.4 We reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.5 Where cables are returned to us not properly coiled and taped and/or with rigging tape still attached, an additional charge of £5 inclusive of VAT per cable will be charged.
3.6 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment.
4. Payment
4.1 At our discretion we may ask for payment in full prior to delivery, payment within 14 days of delivery, or we may ask for a deposit prior to delivery with the balance within 30 days. The precise structure of payment will be specified in the order quote.
4.2 We accept payment by cash, credit card, cheque or BACS transfer.
4.3 Where any payment is not made by the date specified in the order quote we shall be entitled to charge interest on the outstanding amount at the rate of 8% per annum above the base rate of the Bank of England, accruing daily, until payment.
5. Delivery
5.1 We only deliver to customers in the United Kingdom, and all goods must be signed for by an adult aged 18 or over.
5.2 Equipment will be delivered in good working order. Unless notice is received to the contrary as soon as reasonably practicable and in any event no later than within 24 hours of delivery, Equipment will be deemed to be in good working order, except for defects not detectable by reasonable examination.
5.3 Our estimated time for delivery will be stated in the order quote. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated timescales.
6. Risk
6.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
6.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of delay.
7. Cancellation
7.1 You will not be entitled to cancel the contract once the Equipment has been uplifted or delivered, unless we agree to such cancellation.
7.2 If you are a business customer and wish to cancel the contract more than 4 days before the start of the hire we will refund monies paid less any delivery, restocking fee or similar charge which we incur. 7.3 If you are a business customer and wish to cancel the contract within 4 days of the start of the hire the following cancellation charges will apply (being a percentage of the hire charge excluding delivery and installation charges).
a) 72 -96 hours before start of hire period – 25% of hire charge.
b) 48 - 72 hours before start of hire period –50% of hire charge.
c) 24 – 48 hours before start of hire period –75% of hire charge.
d) Less than 24 hours before start of hire period – 100% of hire charge.
7.4 If you are a consumer then you have the right to cancel the contract for a period of 7 days starting from the day after the contract is formed, or until the hire commences, whichever is the sooner.
7.5 If you are a consumer canceling under clause 7.4 then you must advise us in writing immediately at Standard House, Crawford Street, Newport, NP19 7AY or by email to office@ev-entz.co.uk. We are not obliged to accept cancellation once the hire has started.
8. Your responsibilities
8.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other equipment which you use.
8.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
8.3 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
8.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damage beyond economic repair, and insure the Equipment against such liability.
8.5 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
8.6 This clause 9 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.
9. Maintenance
9.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
9.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to clause 9.3) to us. In no circumstances should you proceed to repair any item of Equipment without our prior approval.
9.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in terms of clause 5.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the Equipment could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse wear and tear, accident or neglect.
9.4 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
9.5 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
10. Liability and Indemnity
10.1 To the fullest extent permissible under law, we will not be liable for any losses you incur arising out of or in connection with the hire of the Equipment.
10.2 Notwithstanding the terms of clause 6.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.
10.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment
10.4 If you are a consumer, this clause 10 does not affect you statutory rights.
11. Termination of Hire
11.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
11.2 Where the provisions of clause 11.1 apply, you authorize us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.