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Terms and Conditions 

 

Rental Agreement 

DEFINITIONS: In the Agreement, the following definitions apply: HIRER/ RENTER. The person so named in the Rental agreement.  ACCESSORIES- All electrical cords, casings that are provided with the MagnaField and MagnaPulse devices . RENTAL PERIOD – Period from date/time of device issue by Lessor until physical Collection of device by the Lessor. RENTAL CHARGES – the tariff for the rental period. EXCESS- the minimum contribution that the Lessor has to pay towards the cost of an insurance claim. The excess to be charged to the hirer at the discretion of the lessor. COVER- the indemnity provided by a current insurance policy that is valid for the Magnafield device and other specifics shown in the agreement. LESSOR/OWNER- Sahii LTD, it’s agents or associates.

HIRER- the Consumer or user set out as such in the Contract

  1. Rental Agreement ( The Contract). Lessor agrees to let and the Hirer agrees to take on the rental of the device described in the rental agreement, from the hire address listed in the agreement.

  2. Extension of Rental Period- Lessor may extend the period of rental at the request of the hirer. The hirer will pay such additional monies, as the lessor shall require. In the event of extension(s) the new date and time agreed for the return of the device shall then become the due back date save where the context otherwise admits. In no event shall the duration of the rental exceed three months in the aggregate. The Lessor reserves the right to store the Customer’s credit card details on its password protected customer account system and further reserves the right to use such details against future Rentals made by the hirer.

  3. Warranty by Hirer Lessor Rights

  4. Hirer agrees to return the device to the Lessor in the same condition received. 

  5. Hirer hereby warrants and undertakes to the Lessor:

  6. a) The accuracy of the information supplied to the Lessor;

  7. b) that the hirer will further protect the interests of the insurer and the Owner/Lessor by ensuring that the device is always secured and out of reach when unattended.

  8. c) If Hirer commits any breach of the agreement, or is reasonably believed to have done so, Lessor may treat the agreement as void and seize, without legal processor notice to hirer, the device at any time and the Hirer waives all claims for damages and any consequential losses arising there from

  9. e) Hirer authorises Owner/Lessor to verify through credit agencies, other sources, personal, and credit information provided by the hirer

  10. Payment: Hirer expressly agrees to pay Lessor on demand:

  11. a) Service and time charges at the rate specified in the rental agreement plus any other charges if applicable even if an account is forwarded to a third party;

  12. f) Value added Tax and all other taxes ( if any) payable

  13. g) Owner/ Lessor costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer

  14. h) Market value of repairing damage howsoever caused to the actual device, plus loss of revenue at the daily rate shown within the rental agreement based on Lessors loss of use of the device, regardless of fault or negligence of the Hirer/and regardless of whether damages are a result of an Act of God. Owner/ Lessor shall have the sole right and responsibility to repair the device. Damage should be reported to the office as soon as possible preferably within 24 hours of the device being damaged;

  15. i) In the event of theft, fair Market value of replacing the device, administration fees, plus loss of revenue at the daily rate shown on the rental agreement bases on the Lessors loss of use on the device  If the device is stolen, it should be reported to the Owner/ Lessor immediately and in any event within 24 hours after the device has been stolen. The device should also be reported as stolen to the Police Immediately and a crime reference number should be obtained regardless of whether cover applies.

  16. k) Hirer agrees to allow Owner/Lessor to compute and debit final charge from credit/debit card ( i.e. the card or its details have been presented), as shown on the rental agreement. If the Hirer breaches this agreement, Hirer agrees to immediately return the device and pay all expenses whatever incurred by the Lessor.

 

  1. The Hirer shall grant property access to Sahii Ltd to allow the collection of device and any equipment. The hirer will make the device available for collection on the agreed time and date as stated on their rental agreement. If Sahii Ltd is unable to collect the device and all equipment as arranged , the Hirer may incur additional charges incurred by Sahii Ltd as a result.

 

 

  1. Hirer Indemnity Provision

Upon demand from Owner/Lessor, Hirer agrees to defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses incurred by Owner in any manner from this rental transaction or from the use or operation of the rental device by any party, including claims of or liabilities to third parties and agrees to present a claim to their insurance carrier for all such expenses. If Hirer has no insurance to cover such events or losses, Hirer agrees to pay Owner for such losses.

  1. Hirer/authorises Owner/Lessor to submit for payment credit/debit card vouchers if a credit/debit card has been presented as a means of deposit or security at the time the device was rented, Including if any third party to whom a billing was directed refuses to make payment.

  2. All charges are subject to final audit.

  3. This agreement is governed by and constructed with the laws of England. All disputes arising out of or in connection with the rental agreement shall be subject to the exclusive jurisdiction of the English Courts.

Notwithstanding the contractual obligations of the Hirer to the Owner/Lessor, which are summarised above; the hirer remains absolutely liable (within the constraints of English Law) for costs and damages incurred by the Owner/Lessor due to any breach of contract whatsoever

The following summary of prohibitions is not exhaustive and  does not over ride any specific wording shown above. Any of these examples would represent a Breach of contract:

Prohibitions

  1. Negligently or wilfully putting the device at risk in the opinion of the Owner/Lessor

  2. Uninsured use or use for Illegal activity, including breach of current EU trade Legislations

  3. Failure to report Accidents or Mechanical damage, failure to return the device. 

  4. Obtaining hire by providing false statements or documents

  5. Any action of the Hirer that defies the purpose of the rental agreement wording, as constructed by the Lessor.

The Owner/Lessor reserves the right to refuse hire at any time, without stating a reason. Likewise, the Owner/Lessor reserves the right to cancel a hire contract at any time and require the return of any device, without stating a reason. In such cases, all outstanding charges shall become payable immediately.

The Hirer acknowledges that the Finance Houses used by the Lessor to fund Goods have certain rights under this Agreement, even though are not signatories of the same. These rights include:

(a) The right to visit or enter the Hirer’s place/s of business to ascertain the whereabouts of any Goods funded by them;

(b) The right to uplift the Goods if the Hirer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any Agreement between the Lessor and the Finance House;

(c) In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the Goods, the Finance House has the absolute and immediate right to enter the Hirer’s premises or those of the Hirer’s customers to identify the whereabouts and uplift the Goods;

(d) Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the Goods until the end of the Contract Period under this Agreement.

(e) Subject to the Finance House’s agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall be entitled to make Rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.

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