In these Conditions, the following words and expressions shall mean:
Agreement: the equipment rental agreement between the Company and the Customer.
Company (or US or WE): Myrecoverease Limited, registration number 158053.
Conditions: the terms and conditions set out in this document.
Customer (or YOU): as per the customer name stated on the Agreement.
Damage: that which makes the equipment obsolete or unfit for future rentals or sale by the Company; this excludes Wear and Tear.
End Date: the day the rental period ends as stated per the Agreement or per clause 10 of these Conditions, or as otherwise expressly agreed in writing between the Company and Customer.
Equipment: CTP machine, accessories or other assets that have been made available to you by the Company as part of the Agreement.
Extension: any extension to the duration of the Rental Period as agreed between the Company and the Customer.
Governing Law: defined in clause 3.1 of the Conditions.
GST: goods and services tax as defined in the Goods and Services Tax (Jersey) Law 2007.
IFU: the manuals and/or instructions provided for use with the Equipment.
Medical Conditions Questionnaire: the questionnaire relating to various medical conditions that the Customer must consider as part of the ordering process.
Payment: the cost to rent the Equipment, any delivery cost, and the GST payable, as per the Agreement.
Rental Period: the period for which the Customer is renting the Equipment from the Company as per the Agreement.
Sale Customer: any individual who has purchased goods from the Company.
Sales Law: the Supply of Goods and Services (Jersey) Law 2009.
Start Date: the day the rental period begins as stated per the Agreement or per Clause 9 of these Conditions.
Unsafe Operation: a failure by any User to abide by all of the Conditions under clause 15.
User: the Customer and/or any other person who uses the Equipment during the Rental Period.
Wear and Tear: light surface blemishes, chips, crinkles, wrinkles, folds, rust, scrapes or scratches.
1. Purpose of the Terms and Conditions
1.1 These are the Conditions on which we will supply Equipment in accordance with your Agreement with the Company.
1.2 Please read these Conditions carefully as they will tell you, among other things, who we are, how we will provide the Equipment to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information.
2. Interpretation and Severability
2.1 Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.
2.2 Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.
2.3 Unless the context otherwise requires, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Conditions, this includes emails.
2.5 Any reference to ‘days’ or ‘weeks’ in this Agreement means calendar days and calendar weeks, unless expressly stated otherwise.
2.6 If any provision or part-provision of the Conditions or the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions or the Agreement.
3. Governing Law
3.1 These Conditions and the Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Island of Jersey.
3.2 The Company and the Customer irrevocably agree that the courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions and the Agreement or its subject matter or formation.
4. How to Contact Us
4.1 We are Myrecoverease Limited, a company registered in Jersey. Our company registration number is 158053, and our registered office is 20 St Peter’s Country Apartments, Le Mont Fallu, St Peter, Jersey, JE3 7GZ.
4.2 You can contact us by emailing [email protected].
4.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us to make the order.
5. Our Contact with You
5.1 Our acceptance of your order will take place when you make the Payment as per the Agreement.
5.2 If we are unable to accept your order, we will promptly inform you of this. This might be because, inter alia, the Equipment is out of stock, there are unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description of the Equipment and/or we are unable to meet a delivery deadline.
5.3 We will assign an order number to your order and tell you what it is in the Agreement. It will help us if you can tell us the order number whenever you contact us about your order.
5.4 We only supply to the Channel Islands. Our website is solely for the promotion of our Equipment in the Channel Islands. Unfortunately, we do not accept orders from addresses outside the Channel Islands.
6. Your Right to make Changes
If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Payment for the Equipment, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Payment and Charges
7.1 The Payment for the Equipment will be the total charges indicated on the order page when you place your order and as detailed in the Agreement.
7.2 It is always possible that, despite our best efforts, some of the Equipment we send out may be incorrectly charged. We will check all charges before sending you the Agreement. Where the Equipment’s correct charges at your order date are less than our stated price at your order date, we will charge the lower amount. If the correct charges at your order date are higher than the charges stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a charging error is obvious and unmistakable and could reasonably have been recognised by you as a mischarging, we may end the Agreement, refund you any sums you have paid and require the return of any Equipment provided to you.
7.3 You must make the Payment described in the Agreement in full before we provide the Equipment.
7.4 If the Customer does not make payment before the Start Date, the terms of the Agreement are voidable at the option of the Company.
8. Sale of Goods
By purchasing goods from the Company, you acknowledge and agree that the sale of such goods is governed by and shall be interpreted in accordance with the Sales Law.
9. Rental Period Start Date
9.1 All Equipment shall be rented for a minimum of a week (7 days) and for a maximum of 12 weeks unless otherwise agreed with the Company.
9.2 The Rental Period starts on the earlier date of either:
a) the Start Date;
b) the Equipment being delivered to the Customer; or
c) the Equipment being collected by the Customer from a pre-agreed location with the Company.
9.3 The Company is not responsible for any late collection of the Equipment affecting the duration of the Rental Period. It is not obliged to make a concession or refund to the Customer for days during the Rental Period in which the Customer is not using the Equipment due to a lack of collection on their part.
10. Rental Period End Date and Late Fees
10.1 The Rental Period ends at the earlier date of either:
a) the Equipment being returned to the Company either through collection or drop-off at the agreed location or;
b) 11:59pm on the last day stated on the Agreement.
10.2 The Company has the right to charge an additional £50 for each day after the Rental Period the Equipment is not returned.
11. Extension to the Rental Period
11.1 If the Customer requests an extension of the Rental Period, the Company requires a minimum of 3 days notice before the End Date of the initial Rental Period to properly consider the request.
11.2 Subject to the approval by the Company, a new Agreement and invoice being issued and Payment made by the Customer, the terms of the new Agreement will be binding. If the Customer has not adhered to the terms of the new Agreement, the Company is not liable for any incident or injury, indirect or consequential damages however caused, whether by negligence or otherwise, from continued use of the Equipment.
11.3 For the avoidance of doubt, the Company will not charge the Customer a second delivery fee if the Extension is granted for Equipment already delivered to you.
12. Deliveries
12.1 The costs of delivery will be stipulated in the Agreement and/or on the invoice.
12.2 If delivery is required, we will do all that we reasonably can to deliver the Equipment on the Start Date in the Agreement. If your delivery is delayed, we will let you know as soon as reasonably possible.
12.3 We are not responsible for delays outside our control. If an event outside our control delays our supply of the Equipment, we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay.
12.4 We may have to suspend the delivery of Equipment to deal with technical problems or make minor technical changes.
12.5 The Customer shall use their best endeavours to be present at the designated delivery address on the scheduled delivery date.
12.6 If no one is available at your address to take delivery, the Company or our agent will leave a written note informing you of how to re-arrange delivery.
12.7 If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions. We may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may terminate the Agreement as per clause 16.4.
13. Equipment Appearance
Equipment may vary slightly from their pictures. The images of the Equipment on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Equipment. The Equipment may vary slightly from those images.
14. Equipment Condition and Customer Responsibilities
14.1 You will be provided with a condition report completed by the Company before or on the Start Date which details the condition of the Equipment. The Customer must review this report at the Start Date and inform the Company if they disagree with any of the content of the condition report. Where a condition report cannot be agreed between the parties, the Company may terminate the Agreement in accordance with clause 16.1.
14.2 During the duration of the Rental Period, you are taking responsibility for the Equipment and must ensure it is used, cleaned and maintained in accordance with any IFU.
14.3 All Equipment must be returned clean and in an acceptable condition. On return of the Equipment, an inspection will be made by a director or employee of the Company.
14.4 If the Equipment is Damaged for any reason, the Company may, acting reasonably, charge the Customer (a) up to £300 to cover the costs of inspection and testing; and (b) the market value for the cost of repairs and/or the replacement value of the Equipment.
14.5 The Customer is responsible for the replacement cost of Damaged, lost, stolen and/or permanently stained Equipment. You must notify us immediately of any damaged, lost, stolen or permanently stained Equipment.
14.6 You shall not sell, sublet or use the Equipment for commercial purposes or dispose of the Equipment, nor allow it to be seized in satisfaction of your debts or for any other legal process, and you indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.
14.7 Any charges payable to the Company by the Customer under this clause will be payable at either the End Date or on issuance of an earlier invoice by the Company.
14.8 On loss, theft or otherwise of the Equipment, the Company may recover from the Customer any loss of income from the cancellation of existing bookings.
14.9 In the event the Company institutes legal proceedings to recover missing Equipment or sums owed under the Agreement, the Company will be entitled to recover from the Customer the legal and/or debt collector enforcement fees and any other costs or expenses relating to the proceedings.
15. Safe Operation
15.1 All Users must operate the Equipment in accordance with its IFU.
15.2 All Users must be 16 years of age or older to use the Equipment.
15.3 You warrant on your own behalf and on behalf of all Users of the Equipment that:
15.3.1 all Users shall be below the maximum weight limit for using the Equipment as specified in the IFU;
all Users shall be 16 years of age or older;
15.3.2 all Users shall seek and abide by any advice from appropriate medical professionals prior to using the Equipment;
15.3.3 all Users shall use the Equipment only in accordance with its intended use;
15.3.4 the Equipment shall not be operated or stored outdoors; and
15.3.5 all Users of the Equipment shall be physically and mentally capable of using the Equipment safely.
15.4 All Users must undertake appropriate risk assessments relating to the use of the Equipment prior to use.
16. Cancellation
16.1 The Customer may cancel the Agreement before the Start Date by email or by telephone call.
16.2 If the Agreement is cancelled by the Customer within two days of the Start Date, the Company reserves the right and discretion to charge the Customer a cancellation fee of £50.
16.3 If the Agreement is cancelled by the Customer more than two days before the Start Date, the Company will not charge the Customer a cancellation fee.
16.4 The Company retains the right to cancel the Agreement at any time and will make right and return any monies it has received through them enforcing a cancellation.
17. Refunds
If you are entitled to a refund under these Conditions, we will refund you the sums you have paid, using preferred payment details, within 14 calendar days of the date of cancellation or as otherwise agreed between the Company and Customer.
18. Defective Products
18.1 We are under a legal duty to supply products and services that conform with the Agreement and consumer protection laws, including but not limited to the Sale Law.
18.2 If you wish to return the Equipment because it is defective or faulty you must contact us as soon as possible.
19. Tracing
19.1 You shall provide:
a) such information and assistance as we may require to comply with any legal or contractual obligations on us to track, trace and/or recall any Equipment; and
b) any information concerning any possible defects in relation to safety, standard or condition of the Equipment.
20. Limitation of liability
20.1 The Customer acknowledges that the Medical Conditions Questionnaire was brought to their attention before entering into this Agreement. The Customer is responsible for ensuring that they and/or any User of the Equipment have read the questionnaire.
20.2 The Customer accepts that if any User answered “yes” to any of the questions in the Medical Conditions Questionnaire, then such User should have sought the advice of a medical practitioner or another professionally qualified person before using the Equipment.
20.3 If the User has any other medical condition not included in the Medical Conditions Questionnaire, then they accept that this is their own responsibility and that they should have known to seek the advice of a medical practitioner or another professionally qualified person before using the Equipment.
20.4 The Customer acknowledges that the Company is not providing and is not qualified to provide medical advice.
20.5 In no event will the Company be liable to the Customer (and/or any User) for any incident or injury, indirect or consequential damages however caused, whether by negligence, misuse or, Unsafe Operation as per the Conditions of this Agreement or otherwise.
20.6 To the fullest extent permitted under the Governing Law, the Company disclaims all liability for any other loss, damage, or expense of any kind, whether direct, indirect, incidental, consequential, special, or exemplary, arising from or related to the use of Equipment, services, website, sale of goods, or any other interaction with the Company. This limitation applies regardless of the legal theory under which such liability is asserted, including but not limited to contract, negligence, strict liability, or otherwise. Where liability cannot be fully excluded under the Governing Law, it shall be limited to the minimum extent permitted.
20.7 The Customer agrees to protect, indemnify and hold harmless the Company against all claims, damages and costs, including legal expenses arising out of a User’s use of the Equipment.
21. Our Rights
21.1 In the event that the Customer breaches any of the Conditions, and/or the terms of the Agreement, the Company reserves the right to exercise all legal rights and remedies available under the Governing Law. This includes, but is not limited to:
21.1.1 the termination of the Agreement;
21.1.2 recovery of the Equipment;
21.1.3 pursuing legal action, including claims for damages, outstanding rental fees, late fees, or any other costs incurred as a result of the breach; or
21.1.4 engaging third-party collection agencies or taking legal action to recover any unpaid amounts.
21.2 The exercise of any of the above rights shall not preclude the Company from seeking or exercising any other remedies available under the applicable law.
22. Intellectual property
You acknowledge that all patents, rights to inventions, copyrights, design rights, rights to confidentiality, and other intellectual property rights in the Equipment and in the names of the Equipment, in any part of the world, are and shall remain our property, and that no right, title, interest, or licence is given to you in or under such intellectual property rights.
23. Variation
No variation of an Agreement shall be effective unless it is in writing, signed by the parties (or their authorised representatives), and expressly states that it is amending the Agreement.
24. Waiver
If you breach these Conditions and we do not take immediate action, we reserve the right to enforce our rights and remedies in respect of any future or continuing breach.
25. Complaints
If you have a complaint regarding us or the Equipment you ordered, please contact us by email or telephone in accordance with the details on our website.
26. How we may use your personal information
We may use your personal information in accordance with the Company’s privacy policy available on the Company’s website.