Ariba Powercare Terms & Conditions
1. DEFINITIONS AND NOTES
In these terms and Conditions
1.1. "The equipment" shall mean goods, components and any other item hired or sold by Ariba Powercare Ltd or any part thereof.
1.2. "The customer" is the person, firm, corporate or public body hiring or purchasing the equipment. Any person purporting to act on behalf of the customer shall be bound by the contract.
1.3. "Consequential loss" shall mean loss of profits, contracts or other consequential loss or damages whatsoever.
1.4. "Interest" shall mean interest calculated in accordance with clause 4.1
1.5. The contract shall be interpreted and applied in accordance with English law and the parties to this contract agree to submit to the exclusive jurisdiction of the English courts.
1.6. Through making a purchase or hire the "Customer" indicates that the person or persons they are making the purchase or hire on behalf of are competent and proficient in the use the equipment purchased or hired. The responsibility of safe use, installation and application of any goods resides with the "Customer".
2. TERMS AND CONDITIONS OF SALE
2.1.1. The price charged will be the price ruling at the time of placing an order. Where this is at variance with the price quoted or displayed on our website or other online e-commerce facility or inserted in the contract at the time the goods were ordered the customer will be advised prior to delivery.
2.1.2 Prices as set out in our website are ex-works (Milton Keynes) and exclusive of VAT and carriage. Published prices are subject to change without notice.
2.2.1 Payment and bank clearance for both Goods and Carriage is due in full before goods are dispatched from the Ariba Powercare Ltd premises or the premises of the affiliate or partners dispatching the goods on behalf of the Ariba Powercare Ltd.
2.2.2. Where account facilities have been granted to the customer in writing all invoices must be paid within 30 days of invoice date.
2.2.3. Orders through any online platform will not be subject to 30 days payment terms and will require payment in full for equipment and carriage before any equipment is dispatched.
2.2.4. Ariba Powercare Ltd reserves the right to perform a credit check when required though our credit rating agents.
2.3. RISK IN TITLE
2.3.1. The risk in the equipment shall pass to the customer immediately on delivery to the customer at the address shown for delivery on the contract or if the customer collects on collection
2.3.2. Property and title in the equipment shall remain vested in Ariba Powercare Ltd and Ariba Powercare Ltd reserve the right to dispose of the equipment until such time as the price shall have been paid in full.
2.3.3. If any part of the payment is overdue or if the customer is in breach of any of these terms or if the customer or any third party shall take any steps or any act or proceeding in which in the reasonable view of Ariba Powercare Ltd the customer's solvency is in doubt Ariba Powercare Ltd may (without prejudice to any of Ariba Powercare Ltd's other rights) recover or resell the equipment and may enter upon the customer's or any third parties property for that purpose
2.4.1. The customer or any duly authorised person on behalf of the customer shall receive and unload the equipment and shall check the same for quantity and condition in the presence of Ariba Powercare Ltd's carrier
2.4.2. Any shortage of or unsatisfactory equipment shall be endorsed by the customer or a duly authorised person on behalf of the customer on the delivery document and the customer shall give written confirmation to Ariba Powercare Ltd within three days of delivery.
2.4.3. No claim in respect of shortage of or unsatisfactory condition of the equipment shall be entertained by Ariba Powercare Ltd unless condition 3.2.2. is observed.
2.4.4. This condition does not affect the statutory rights of the customer.
2.5. CANCELLATION AND RETURNS
If you are purchasing goods as a consumer you also have the following options to cancel and return your order. The following terms do not apply to Business Purchasers. These terms do not affect your statutory rights.
2.5.1. Customers reserve the right to cancel an order within 12 hours of purchase by email to firstname.lastname@example.org.
2.5.2. Any cancellation after this time will incur an administration fee of 2% if the transaction was by credit card and 30p if by debit card.
2.5.3. Equipment can only be returned within our refund policy providing it is in its original condition (including the packaging) and for safety reasons has not been used.
2.5.4. On equipment that meets these criteria a full refunds on the goods will be made within 14 working days, provided the equipment is in a condition fit for resale upon return to Ariba Powercare Limited and the equipment has been fully inspected.
2.5.5. Upon cancellation, should your goods have already have been distributed from our warehouse, the charge of carriage will not be refunded and the return of the goods is at the cost of the buyer. Ariba Powercare will not pay out on the return carriage cost of none faulty goods once dispatched from our warehouse.
2.5.6. Under the exceptional circumstances that Ariba Powercare have to arrange the return carriage of equipment this the fee will be equal to the fee to distribute the product(s) plus a 30% administration fee of the cost arranging and booking transport.
2.5.7. Where it is deemed the goods are damaged or the sender has failed to take reasonable care of the goods when returning them, we reserve the right to refund you in full, minus any amounts due by way of compensation to either repair the goods or to cover any losses incurred.
3. TERMS AND CONDITIONS OF HIRE
3.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire.
3.1.2. Equipment must be returned by 12 noon on the date specified in the contract in a clean and serviceable condition and the customer must obtain the supplier's receipt.
3.1.3. Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for use by other customers.
3.1.5. All charges are payable on demand.
3.2. HIRE PERIOD
3.2.1. The hiring period commences at 12 noon on the date specified in the contract and continues for the period specified in the contract and terminates at 12 noon on the last day of the hiring period.
3.3. POWER TO ENTER THIS CONTRACT
3.3.1. The signatory to the contract warrants that they are duly authorised on the customer's behalf to enter into the contract and hereby personally indemnifies Ariba Powercare Ltd against all losses and costs that may be incurred by Ariba Powercare Ltd if this is not the case.
3.4 CUSTOMER'S RESPONSIBILITIES
3.4.1. The customer's responsibility for the equipment commences on receipt of the equipment by the customer or his agent or on delivery and ends when the customer is in possession of Ariba Powercare Ltd's unqualified receipt for the return of all the equipment.
3.4.2. The customer shall not at any time sell, dispose or otherwise part with control of the equipment or attempt to do so.
3.4.3. The signatory to the contract and the customer jointly and severally undertake with Ariba Powercare Ltd that everyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the equipment to be misused. Full Data Sheets are available on our website.
3.4.4. The customer will at all times fully indemnify Ariba Powercare Ltd against any expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return or non-return of the equipment.
3.4.5. Nothing in this clause shall affect the statutory rights of the customers or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977.
3.5. ELECTRICAL EQUIPMENT
3.5.1. Any electrical equipment should be used with plugs and/or sockets as fitted.
3.5.2. If other plugs or sockets are to be fitted by the customer such work shall be carried out by a competent person who shall also reinstate the same to the original condition prior to redelivery.
3.5.3. The customer shall be responsible at all times to arrange a proper supply of electricity for use with the equipment and ensure that the equipment shall at all times be properly earthed.
3.6. EQUIPMENT MAINTENANCE AND REPORTING
3.6.1. The customer shall ensure that the equipment remains serviceable and clean during the hire period.
3.6.2. Any breakdown or unsatisfactory working of equipment shall be immediately notified to Ariba Powercare Ltd.
3.6.3. The customer shall under no circumstances attempt to repair the equipment without prior authorisation from Ariba Powercare Ltd.
3.6.4. Any damaged or unsatisfactory equipment must be returned to Ariba Powercare Ltd's premises for examination at the customer's cost.
3.6.5. If the equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person the customer shall notify Ariba Powercare Ltd immediately.
3.6.6. Equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of Ariba Powercare Ltd.
3.7 COMPATIBILITY OF EQUIPMENT
3.7.1. The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer.
3.7.2. The customer shall be responsible for ensuring that any equipment is suitable for their purposes.
3.8.1. The customer agrees to pay Ariba Powercare Ltd the full retail cost of any equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear, tear or age).
3.8.2. The customer shall insure the goods against the above liability.
3.8.3. All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to Ariba Powercare Ltd on demand to the extent that any such payment is due under this clause.
3.8.4. The customer shall not compromise or settle any claim without the express consent of Ariba Powercare Ltd.
3.8.5. In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced.
3.9. CONDITION OF RETURNED EQUIPMENT
3.9.1. The customer is fully responsible for care, safe keeping and return in good order of the equipment.
3.9.2. The customer will reimburse all costs incurred by Ariba Powercare Ltd in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification
3.10. TERMINATION OF HIRE
3.10.1. Ariba Powercare Ltd shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time:-
(a) The customer is in breach of these terms; or
(b) The customer shall take any steps or if any act or proceeding is commenced in which the customer's solvency is in the reasonable view of Ariba Powercare Ltd in doubt. Such termination shall not affect the right of Ariba Powercare Ltd to recover from the customer any monies due under this contract, interest, consequential loss or damages for breach.
3.10.2. The customer hereby authorises Ariba Powercare Ltd to enter upon any property upon which Ariba Powercare Ltd reasonably believe any equipment to be and Ariba Powercare Ltd in their absolute discretion may recover and remove the equipment.
3.10.3. The customer hereby authorises Ariba Powercare Ltd (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the contract) to deduct any sums properly due to Ariba Powercare Ltd arising under a breach of these terms from any credit card, debit card or charge account details of which are in the possession of Ariba Powercare Ltd.
3.11. LOSS OR DAMAGE TO HIRED EQUIPMENT
3.11.1 Any lost or Damaged cable protectors will be charged at Retail Price each excluding VAT and will remain on Hire until Stock levels are replenished.
3.11.2 Any lost or Damaged cable protectors connectors will be charged at £10.00 each excluding VAT and will remain on Hire until Stock levels are replenished.
3.11.3. Any lost or damaged Stillage Cages will be charged at £200.00 excluding VAT and will remain on Hire until Stock levels are replenished.
4. TERMS AND CONDITIONS APPLICABLE TO BOTH HIRE AND SALE
4.1. PAYMENT & INTEREST
4.1.1. Where payments are not made on the due date Ariba Powercare Ltd will be entitled to interest on the amount that is overdue at HSBC's base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day to day basis compounded with quarterly rests.
4.1.2. The payment of such interest shall be without prejudice to any other rights or remedies of Ariba Powercare Ltd.
4.1.3. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer.
4.1.4. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by Ariba Powercare Ltd pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order.
4.1.5. Payment for equipment will be in British Pound Sterling (GBP).
4.2.1. Ariba Powercare Ltd's liability for any defect in the equipment shall be limited to and in no case exceed:-
(a) Any manufacturer's warranty sold with the equipment; or if there shall be none
(b) Replacement or repair of the defective equipment; or
(c) At Ariba Powercare Ltd's option a refund of the price.
4.2.2. Consequential Losses
Nothing in these terms and conditions shall make Ariba Powercare Ltd liable for any consequential loss to the customer including any expense liability loss claim or proceeding whatsoever caused by or arising out of the late delivery, non delivery, unsuitability, incompatibility or unlawful repossession of the equipment or any part thereof or any breakdown or stoppage of the same.
4.3. INJURY TO PERSONS AND DAMAGE TO PROPERTY
4.3.1. Subject to 4.2. above Ariba Powercare Ltd shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in the equipment and where such defect is caused by the negligence of Ariba Powercare Ltd.
4.4. RIGHTS RESERVED
4.4.1. Any failure by Ariba Powercare Ltd to enforce any or all of these conditions shall not be construed as a waiver of any of Ariba Powercare Ltd's rights hereunder.
4.4.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms.
4.5. TERMS OF CONTRACT
4.5.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the customer.
4.6. DELIVERY AND CARRIAGE
4.6.1. All times quoted or stated for delivery are approximate only.
4.6.2. Hire charges or sale prices do not include carriage. Any expenses incurred by Ariba Powercare Ltd in delivery or recovering equipment or attempting the same will be paid by the customer.
4.6.3. Where carriage charges are quoted by Ariba Powercare Ltd such charges will include only for the time to load or unload alongside the Ariba Powercare Ltd's vehicle at the address specified by the customer. Further time or attendance will be paid for by the customer.
4.6.4 Ariba Powercare Ltd shall not be liable for any loss, penalties or damage, direct or indirect, caused by late delivery and, in no case shall delay be a ground for rejecting goods or for rescinding the contract.
4.6.5 Ariba Powercare only uses recognised carriers for the transportation of 'equipment' offered for sale who offer tracking facilities.
4.6.6. Unless agreed otherwise in writing, equipment for both Hire and Sale will be dispatched the next working day once payment for the equipment has cleared.
4.6.7. We reserve the right to deliver your goods in several consignments should your order consist of more than one item.
4.7.CANCELLATION OF ORDERS
4.7.1 Ariba Powercare Ltd reserve the right to cancel your order if any of the following criteria are met:
i) We have insufficient equipment or stock of equipment to fulfil your order.
ii) We cannot for any reason supply the equipment to the region or country requested
iii) The price of the equipment upon purchasing was listed at an incorrect price due to a typographical or administrative error on behalf of Ariba Powercare Ltd
4.8.1. Ariba Powercare Ltd notifies the customer that playing or showing copyright material in circumstances where the customer or anyone authorised by him does not hold the appropriate license of the copyright holder he will infringe copyright and may become liable in damages for so doing.
4.8.2. The customer by accepting delivery of sound or visual reproduction equipment warrants that he has or will obtain the appropriate license for the said performance playing or showing, prior to using the equipment for the said purpose.
4.9. ILLUSTRATIONS AND PRODUCT SPECIFICATIONS
4.9.1.Specifications and Illustrations or 'goods' with the website or associated marketing literature linked to the 'Company' are for illustrative purposes only. Errors and omissions excepted (E&OE).