FURNISHING QUOTATION AND RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is made between Bradbeers Furniture Rental & Sales, a division of Smith Bradbeer & Co Ltd, located at 14-20 Bell Street, Romsey, SO51 8ZE (“Bradbeers”), and the individual, firm or company hiring the Goods as specified in the Furnishing Quotation (“Hirer”). This Agreement is regulated by the Consumer Credit Act 1974.
IMPORTANT – PLEASE READ CAREFULLY
YOUR RIGHTS:
This Agreement is subject to the Consumer Credit Act 1974, which establishes certain protections for your benefit. If these requirements are not met Bradbeers cannot enforce this Agreement against you without a court order. Under this Agreement, the Goods do not become your property, and you must not sell them. Acceptance of this Hire Agreement signifies your intention to be legally bound by its terms. For further information regarding your rights under the Act, please contact your local Trading Standards Department or Citizen’s Advice Bureau.
UNREGULATED AGREEMENT:
This Agreement is not regulated by the Consumer Credit Act 1974 or the Financial Conduct Authority if the Hirer is a corporate body or a partnership of four or more partners. Consequently, the protections offered by these regulations will not apply.
TERMS AND CONDITIONS OF HIRE:
1.1 In this Agreement, the following definitions shall apply:
– “Event of Default”: Any of the events defined in Clause 12.7.
– “Goods”: The Equipment, Accessories, Furniture, and Fittings described in the Furnishing Quotation, including all replacements, renewals, accessories, and additions.
– “Hirer”: The individual, firm, or company identified as ‘the Customer’ in the Furnishing Quotation.
– “Minimum Period”: The minimum duration for which hire charges are payable, as specified in the Quotation and Lease documents.
– “Property”: The premises where the Goods are installed, as specified in the Furnishing Quotation.
– “Lease”: The document detailing the terms for each installation.
– “Bradbeers Furniture Rental & Sales”: A division of Smith Bradbeer & Co Ltd, located at 14-20 Bell Street, Romsey, SO51 8ZE.
1.2 Headings in this Agreement are for reference only and do not affect interpretation.
1.3 This Agreement shall be governed by these Conditions to the exclusion of all other terms and conditions unless varied in writing and signed by a director of Bradbeers.
1.4 Each order for the Goods shall be deemed an offer by the Hirer, subject to these Conditions. Orders from the Hirer’s employees or agents shall bind the Hirer if it is reasonable for Bradbeers to rely on their authority.
1.5 No order shall be accepted by Bradbeers until a written acknowledgment is issued or the Goods are delivered.
1.6 Where this Agreement is a regulated agreement under the Consumer Credit Act 1974, it shall not become binding until delivery of the Goods.
2.1 The Hirer agrees to take and Bradbeers agrees to supply the Goods on hire, subject to these Conditions and those in the Lease.
3.1 The hire of the Goods shall commence on the date they are delivered to the Hirer or their agent and shall continue month to month until terminated in accordance with Clause 12.
4.1 A credit check may be conducted prior to delivery as part of the account opening process.
4.2 Delivery dates provided by Bradbeers are estimates only and subject to resource availability.
4.3 Bradbeers shall not be liable for any loss or damage due to delays in delivery.
4.4 If delays occur due to the Hirer’s actions, costs incurred may be charged to the Hirer.
4.5 An inventory of the Goods will be provided upon delivery, and the Hirer is responsible for inspecting the Goods and noting defects.
4.6 The Hirer must sign and return the Inventory upon delivery; failure to do so within seven days will result in the Goods being deemed accepted.
5.1 Installation of any Electrical Equipment will be performed by Bradbeers, with the Hirer responsible for any additional tradesmen.
5.2 Bradbeers does not warrant satellite or radio devices to receive transmissions other than those available at the time of installation.
5.3 The Hirer must notify Bradbeers of any equipment malfunction, allowing only Approved Engineers to make repairs.
5.4 Approved Engineers may remove equipment for inspection or repair, and a substitute will be provided.
5.5 Bradbeers is not liable for any loss or damage resulting from equipment breakdowns, including any associated subscription fees or similar charges incurred by the Hirer.
5.6 The Hirer must obtain and maintain any necessary licenses, permissions, or consents related to the Equipment provided. This includes obtaining any required approvals for installation from landlords or property owners.
5.7 For any remote control or battery-operated devices or light bulbs included with the Equipment, new batteries and bulbs will be provided upon installation. The Hirer is responsible for replacing batteries and bulbs thereafter and will be charged a minimum fee of £60 for any service call related to battery or bulb issues during normal working hours.
6.1 The Hirer shall pay a Security Deposit to Bradbeers at the commencement of this Agreement, as specified in the Lease.
6.2 Bradbeers will retain the Security Deposit throughout the Hire Period and will repay it to the Hirer within 14 days of the return of all Goods, subject to any deductions for liabilities under this Agreement.
6.3 Bradbeers may retain all or part of the Security Deposit to offset any liabilities of the Hirer.
7.1 The Hirer agrees to pay the hire charges in advance for the duration of the Hire Period, as specified in the Lease, at the intervals outlined therein, without prior demand from Bradbeers. Timeliness in payment is essential.
7.2 Unless otherwise agreed in writing, an initial payment of a full month’s hire charge, the Security Deposit, and any agreed delivery and collection charges is required before delivery of the Goods. Bradbeers is not obligated to deliver the Goods until full payment is received.
7.3 Rental charges will be invoiced monthly in advance at the beginning of each month.
7.3.1 The first invoice will be issued on the 1st of the month following delivery and will cover the rental period from delivery to the end of the following month, including delivery and collection charges and the deposit. The upfront payment will be deducted from this invoice, with the remaining balance payable.
7.3.2 Subsequent invoices will be issued on the 1st of each month for the next full month’s rental, continuing until the rental period ends or the Goods are removed/purchased.
7.3.3 Any changes to the rental items (additional items, exchanges, or returns) will be reflected in the next month’s invoice.
7.3.4 The final invoice or credit note will be issued on the 1st of the month following the removal of the Goods.
7.3.4.1 If the Minimum Hire Period is completed at the time of removal, a rental credit will be issued for any unused days in the previous month.
7.3.4.2 If the Goods are removed before the end of the Minimum Hire Period, applicable break clause charges under Clause 12 will apply.
7.3.5 Rental charges will cease on the day following the removal of the last item from the Lease.
7.4 Upon expiration of the Minimum Period, subsequent hire charges will continue to be invoiced monthly.
7.5 Any disputes regarding invoices must be raised by the Hirer within ten days of receipt; failure to do so will be deemed acceptance of the invoice.
7.6 The Hirer is responsible for notifying Bradbeers when the Goods are no longer required, whether during or after the Minimum Hire Period, and are ready for removal.
7.6.1 Should the Hirer require the removal of part of the Goods prior to the Minimum Period’s expiration, applicable break clause charges under Clause 12 will be applied in the next billing cycle.
7.7 Bradbeers reserves the right to charge interest on overdue payments at a rate of 4% per annum above the Bank of England’s base rate, accruing daily until payment is received in full.
7.8 Payments due under this Agreement must be made without deduction, set-off, counterclaim, discount, abatement, or otherwise.
7.8.1 Invoices are payable upon receipt.
7.8.2 Any requests for extended payment terms must be submitted in writing.
7.9 Payments may be made via recurring credit card payment, cheque, bank transfer, or direct debit. All payments made directly to the bank account should be made out to “Smith Bradbeer & Co Ltd” at Natwest Bank, SORT CODE 60-18-46, ACCOUNT NUMBER 25325760, or to another account as notified by Bradbeers in writing.
7.10 Bradbeers reserves the right to require the Hirer to provide a bond, guarantee, or other security instrument regarding the Hirer’s payment obligations under this Agreement.
7.11 All hire charges are exclusive of Value Added Tax (VAT), for which the Hirer shall be additionally liable at the applicable rate.
7.12 Bradbeers reserves the right to increase hire charges at any time by providing one month’s written notice to the Hirer in the event of any increase in costs incurred by Bradbeers under this Agreement due to factors beyond its reasonable control.
8.1 The Hirer shall, during the continuance of this Agreement:
8.1.1 Take reasonable care of the Goods and use them for their intended purpose, adhering to the manufacturer’s recommendations and instructions where applicable.
8.1.2 Implement necessary measures to ensure the Goods are kept safe and protected from potential damage or loss.
8.1.3 Avoid actions that, in the opinion of Bradbeers, may jeopardize the Goods or their condition.
8.1.4 Maintain the Goods in good and substantial repair and condition, allowing for fair wear and tear.
8.1.5 Keep the Goods in their possession at the Property and refrain from moving them without prior written consent from Bradbeers.
8.1.6 Not alter, repair, or modify the Goods without prior written consent from Bradbeers.
8.1.7 Not re-hire, sell, mortgage, pledge, underlet, lend, or otherwise deal with the Goods or any part thereof without prior written consent from Bradbeers.
8.1.8 Allow Bradbeers, its employees, or agents reasonable access to the Goods for inspection or repair at all reasonable times.
8.1.9 Notify Bradbeers immediately of any material loss of or damage to the Goods.
8.1.10 Return the Goods to Bradbeers upon termination of this Agreement in a condition equal to that at the commencement of the hire, allowing for fair wear and tear.
8.2 During the Hire Period, the Goods shall be at the entire risk of the Hirer, who shall be liable to Bradbeers for any and all loss or damage to the Goods or any part thereof from any cause whatsoever (fair wear and tear excepted), subject to Clause 9.
9.1 The Hirer shall indemnify Bradbeers against:
9.1.1 All third-party claims in connection with or arising from the use or possession of the Goods by the Hirer, including all costs and expenses related thereto.
9.1.2 All loss or damage to the Goods occurring during the Hire Period (fair wear and tear excepted).
9.1.3 If the Lease includes Damage Waiver Protection, the Hirer is not required to insure the Goods against loss or damage for specified perils, including fire, theft (with evidence of forcible entry), storm, flood, and impact. Theft by collusion and accidental damage are excluded.
9.1.4 If the Lease does not include Damage Waiver Protection, the Hirer must insure the Goods against the perils listed above, and Bradbeers reserves the right to request written evidence of such insurance.
9.1.5 The Hirer may decline the Damage Waiver fee, provided they supply evidence of alternative insurance naming Bradbeers as the beneficiary for any proceeds due to loss of the Goods. Until such evidence is received, Bradbeers may continue to charge this fee.
9.1.6 The Hirer must notify Bradbeers immediately of any loss or damage to the Goods due to an event covered above, and Bradbeers will replace damaged Goods on a like-for-like basis within five working days.
9.2 The obligations of the Hirer under this Clause 9 shall survive the termination of this Agreement.
10.1 The Hirer acknowledges that Bradbeers is not the manufacturer of the Goods and, accordingly, Bradbeers makes no warranty regarding the quality or fitness for purpose of the Goods. Bradbeers will, where possible, assign to the Hirer any warranty or guarantee provided by the manufacturer or supplier of the Goods.
10.2 Bradbeers warrants that:
10.2.1 It is the beneficial owner of the Goods and has the authority to enter into this Agreement concerning the Goods.
10.2.2 Unless specifically identified as being of Contract standard, all Goods comply with the current regulations for domestic use only.
10.3 Subject to these Conditions, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.4 The following provisions set out the entire liability of Bradbeers (including any liability arising from the acts or omissions of its employees, agents, or subcontractors) to the Hirer regarding:
10.4.1 Any breach of contractual obligations arising under this Agreement.
10.4.2 Any representation, statement, or tortious act or omission, including negligence arising under or in connection with this Agreement.
10.5 Bradbeers’ liability to the Hirer for:
10.5.1 Death or injury resulting from Bradbeers’ own or its employees’, agents’, or its employees’, agents’, or subcontractors’ negligence; and
10.5.2 All damage or liability incurred by the Hirer as a result of any fraudulent misrepresentation by Bradbeers shall not be limited by any provision of these Conditions.
10.6 Subject to Clause 10.4, Bradbeers’ entire liability in respect of any Event of Default shall be limited to damages equal to the aggregate of the charges paid by the Hirer under this Agreement.
10.7 Subject to Clause 10.4, Bradbeers shall not be liable to the Hirer in respect of any Event of Default for any type of:
10.7.1 Special, indirect, or consequential loss (even if such loss was reasonably foreseeable or Bradbeers had been advised of the possibility of the Hirer incurring the same).
10.7.2 Loss of profit.
10.7.3 Loss of business or goods.
10.7.4 Loss of contract.
10.7.5 Loss of goodwill.
10.7.6 Loss of use; or
10.7.7 Any damage relating to the procurement by the Hirer of any substitute services.
10.8 If Bradbeers is required to hang prints, mirrors, headboards, or any other items that require fixing to the Property, it is the Hirer’s responsibility to ensure that the appropriate authority is obtained from the landlord and to conduct any remedial works necessary to make good upon removal.
11.1 The Goods shall at all times remain the property of Bradbeers, and the Hirer shall have no rights to the Goods other than as a hirer. The Hirer shall not do or permit to be done any act or thing whereby the rights of Bradbeers in respect of the Goods are or may be prejudicially affected.
12.1 An order may be cancelled by the Hirer prior to delivery without charge.
12.2 If this Agreement is a regulated agreement under the Consumer Credit Act 1974, the Hirer has 14 calendar days from installation to cancel the order, known as the “Cooling Off Period.” The statutory Cooling Off Period applies if the Agreement was made over the telephone, internet, or other distance means.
12.2.1 To exercise the right to cancel, the Hirer must contact Bradbeers within 14 days of receiving the last item, via email, letter, or telephone. A reason for cancellation is not required.
12.2.2 Bradbeers will arrange for the collection of the Goods; however, a collection charge will apply, and the delivery and collection charges paid or invoiced will not be refunded.
12.3 After the Cooling Off Period or for all unregulated Agreements, the Hirer may terminate the Hire at any time by providing no less than one month’s written notice to Bradbeers.
12.4 If the Hire is terminated for any reason prior to the expiration of the Minimum Period, the Hirer shall remain liable for the entire hire charges payable for the duration of the Minimum Period, notwithstanding any early termination.
12.5 If the Hire is terminated prior to the expiration of the Minimum Period and a Break Clause applies as indicated in the Furnishing Quotation, the Hirer shall remain liable for a Break Charge calculated as:
12.6 Upon termination of this Agreement, if the Hire Period exceeds the Minimum Period, the Hirer will be liable to pay Bradbeers hire charges calculated up to and including the later of:
12.6.1 The recovery of the Goods by Bradbeers; or
12.6.2 The date of termination or the expiration of any notice period.
12.6.3 Upon termination, the Hirer shall no longer possess the Goods with Bradbeers’ consent and must make the Goods available for collection by Bradbeers. Without prejudice to any other rights, Bradbeers or its authorized representatives may enter any premises where the Goods are kept to retake possession.
12.6.4 The Hirer shall be responsible for all reasonable expenses incurred by Bradbeers in locating or repossessing the Goods, including legal proceedings taken to enforce this Agreement.
12.6.5 Termination of this Agreement shall not affect Bradbeers’ right to recover any sums due under this Agreement or damages for any breach thereof.
12.7 Bradbeers may terminate the Hire:
12.7.1 By providing one month’s written notice to the Hirer at any time after the expiration of the Minimum Period; or
12.7.2 Immediately without notice if:
12.7.2.1 The Hirer defaults in the payment of hire charges or any other sums due to Bradbeers under this Agreement.
12.7.2.2 The Hirer fails to observe and perform the terms and conditions of this Agreement.
12.7.2.3 A receiving or administration order is made against the Hirer, or a meeting of the Hirer’s creditors is called, or if the Hirer executes any assignment of assets for the benefit of creditors, or if the Hirer ceases trading.
12.7.2.4 The Hirer goes into liquidation, whether voluntary or compulsory, except for the purpose of reconstruction or amalgamation, or if a receiver is appointed over any of the Hirer’s assets.
12.7.2.5 Any distress or execution is levied against the Hirer.
13.1 Given the sharing of data, expertise, ‘know-how’, and information under this Agreement, a strict code of confidentiality must be maintained. Bradbeers agrees not to disclose any information regarding the Hirer’s business, including any information within the terms of this Agreement. Likewise, the Hirer is required not to share or disclose any information regarding this Agreement with any third parties.
14.1 Bradbeers collects information, including personal data, for the purpose of providing services to the Hirer. This data is also used for business administration, forecasting, financial planning, and to identify additional services that may interest the Hirer. The data will also be used to manage future communications. The Hirer may opt out of receiving such communications by emailing rental@bradbeers.com ↗ (mailto:rental@bradbeers.com).
14.2 Personal data will only be used for the purpose for which it was collected. Access to or sharing of personal data will be granted only to authorized parties within Bradbeers or where permitted by law under lawful data processing.
14.3 The Data Protection Act 2018 provides data subjects with rights of access, allowing them to understand the data being processed, the parties with whom it is shared, the purpose of processing, retention periods, the right to object to processing, and the right to request the deletion of their personal data. For further information or to exercise these rights, the Hirer should contact the Operations Manager, Darrel Dimond, at rental@bradbeers.com ↗ (mailto:rental@bradbeers.com).
15.1 The Hirer understands that Bradbeers will share and receive personal data related to the Hirer with affiliated companies and other third parties. This sharing enables:
15.1.1 The processing of client requests, including the sharing of names, delivery addresses, and contact numbers with affiliated delivery partners.
15.1.2 Marketing of services, which may involve using a mailing house to send brochures, providing the Hirer’s name and address.
15.1.3 Research and analysis of the client base to deliver optimal services based on past usage data.
15.1.4 The sharing of personal data with credit reference agencies when purchasing services, necessary to safeguard Bradbeers’ commercial interests. Such checks may involve automated decision-making technologies to confirm financial status, residence, county court judgments, and solvency.
16.1 Any notice required or permitted under this Agreement shall be in writing and addressed to the other party at its registered office or principal place of business, or at such other address as may be notified in writing.
16.2 No failure or delay by either party in exercising any right under this Agreement shall be deemed a waiver of that right, and no waiver of any breach shall be considered a waiver of any subsequent breach of the same or any other provision.
16.3 This Agreement is personal to the Hirer, who shall not assign any rights or obligations without prior written consent from Bradbeers.
16.4 If any provision of this Agreement is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining provisions and the remainder of the provision in question shall not be affected.
16.5 The parties do not intend for any terms of this Agreement to be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person who is not a party to it.
17.1 This Agreement shall be governed by and construed in accordance with English law. The parties agree to submit any disputes arising under this Agreement to the exclusive jurisdiction of the English courts.
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By signing this Agreement, the Hirer acknowledges that they have read and understood the terms herein and agree to be bound by the conditions set forth in this document.
[Signature of Hirer]
__________________________
Name:
Date:
[Signature of Bradbeers Representative]
__________________________
Name:
Date:
