Terms & Conditions

1. Interpretation:

1.1. In these conditions

‘Supplier’ North East Mobility Solutions Limited [NEMS], the supplier of the goods or services to the hirer

‘Hirer’ means the person whose order for the services is accepted by NEMS, and is identified in the contract entered into either on line/by phone or email and confirmed in emails

‘Conditions’ means the standard terms and conditions of supply set out in this document and online

‘Contract’ the hirer’s order form which has been completed online at the website or by telephone and NEMS acceptance of it, which will be subject to these Terms and Conditions at all times;

‘Variations’ to these terms and conditions will only be acceptable when in written format, no verbal variations on product or terms will have influence on them;

‘Duration’ means the duration of the contract

‘Equipment’ means a product of the specification and model notified by NEMS, which NEMS is to supply in accordance with the contract, pursuant to these conditions;

‘Services’ means the hire of equipment by NEMS to the hirer for the duration, subject at all times to these conditions

‘Working Days’ means all days excluding weekends and public holidays as well as the period between Christmas Eve and New Year’s Day in the country in which the hirer is domiciled for the purposes of this contract.

‘Operating area’ – Area of operation where NEMS engineers work. 60-mile radius from stores. TD15 1TB and EH6 6BS

1.2. ‘Working Hours’ means the hours of 9.00am to 5.00pm.

1.3. Words in the singular shall include the plural and vice versa.

1.4. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

1.6. Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in these conditions, they are deemed to have the words ‘without limitation’ following them and where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them.

2. Parties to this agreement:

2.1. Hirer: The person or persons entering into the hire of equipment

2.2. Owner: North East Mobility Solutions Limited also Trading as: Edinburgh Mobility Solutions

3. Basis of contract

3.1. The contract with NEMS commences when the hirer places its order and gives its authorization to process payment for the hire period, subject to any notification of non-acceptance from NEMS. If placing an order via the website you will receive an email response but please note that this does not mean that the order has been accepted.

3.2. NEMS will confirm its acceptance to the hirer either by sending the hirer an email that confirms acceptance of the order including an invoice, or by confirming the order by telephone (“Order Confirmation”). The contract between NEMS and hirer will only be formed after NEMS receives payment for the period specified and sends the order confirmation.

3.3. If NEMS are unable to supply a product, for example because that product is not in stock or is no longer available or because of an error in the price on the website, NEMS will inform the hirer of this either by email or telephone, and NEMS will supply a similar category product, or if none available, offer a refund to the hirer of the full amount as soon as possible.

3.4. By placing an order with NEMS, the hirer warrants that he or she is:

1. Legally capable of entering into contracts;
2. At least 18 years old; and
3. Resident in England, Scotland or Wales.
4. Delivery

4.1. The hirer’s order will be fulfilled by the approximate delivery date set out in the order confirmation, unless there is an event outside NEMS control. If NEMS are unable to meet the estimated delivery date because of an event outside our control, NEMS will contact the hirer with a revised delivery date.

4.2. The hirer shall pay the costs of delivery, such costs to be included in the initial payment.

4.3. Delivery will be completed when NEMS or its courier, delivers the products to the address the hirer provided to NEMS when making its order.

4.4. If no one is available at the address to take delivery, NEMS will leave the hirer a note that the products have been returned to NEMS’s premises, in which case, please contact NEMS to rearrange delivery. A further charge for the delivery will be due.

4.5. Where delivery is by an independent courier service NEMS cannot be held responsible for timing on this delivery. NEMS will make every effort to ensure that the courier returns as soon as possible

4.6. The period of hire commences from time of delivery or attempted delivery and time of collection. It is the responsibility of the hirer to ensure someone is available to receive the goods between 8.00am and 8.00pm on the date of delivery.

4.7. The products will be the hirer’s responsibility from the completion of delivery, until collected by NEMS or its agent

5. Rental period

5.1. This hire agreement is for a period as specified on the order form and commences on the date of delivery of the product for the (“Duration of the hire).

5.2. Frequency and period of payments are as agreed at time of order.

5.3. Hirer must return the product on time at the conclusion of the completed duration period

5.4. Failure by the hirer to make available the product for return beyond this agreed date, will result in the hirer being responsible for continued hire payments until such return is made.

5.5. If no one is available at the address to allow collection, NEMS will leave the hirer a note, and in which case, please contact NEMS to rearrange collection. A further charge for the collection will be due.

5.6. The product must be made available for collection at the original delivery address, unless the hirer has notified NEMS of a change of address, which NEMS has agreed in writing.

6. Hirer’s right to cancel the agreement

6.1. On confirmation of the contract for the hire duration, the hirer shall have the right to terminate the contract by giving notice to NEMS within 14 working days from the date of order confirmation for a full refund. This right may be exercised by post to: North East Mobility Solutions Limited, 17J Windmill Way West, Ramparts Business Park, Berwick-Upon-Tweed, TD15 1TB by email to; customercare@nemobility.co.uk or by telephone on 01289 331 055 – Edinburgh – 0131 554 3200

6.2. by agreement the hirer will lose their right to the 14 days cancellation on this contract should the hirer request delivery to be made in less than the 14 working days from commencement of the contract.

6.3. Hirer shall have the right to terminate this agreement by giving two working days’ notice prior to requested collection date. This to be made by contacting NEMS as in clause 6.1, but this termination shall not mitigate any outstanding hire payments which have not been paid up to date of termination, nor liabilities in the clauses below. Ongoing payments will cease two working days after notice of termination is given, subject to clause 12

6.4. In the event of the death of the hirer, then on the return of the goods this agreement shall be terminated but this termination shall not mitigate any outstanding hire payments, nor any liabilities to the Guarantor, as set out in the clauses below.

7. Hirer’s responsibilities

7.1. The hirer will provide adequate delivery and collection access to enable NEMS to deliver the products. The hirer shall sign the delivery note/invoice to acknowledge receipt of the product.

7.2 NEMS will always exercise care on delivery so as not to damage property or decor whilst delivering goods, NEMS will not be held liable for any accidental damage caused.

7.3. The hirer shall at all times keep the products properly stored, protected and insured in accordance with clause 14. The hirer shall make available to NEMS the certificate of insurance policy for inspection upon request by NEMS. Where appropriate, NEMS will provide fully comprehensive insurance on powered wheelchairs and mobility scooters within the United Kindom ONLY.

7.4. Hirer must look after the product and keys, where fitted keeping the product in good repair. Where appropriate, hirer must always lock the product when not using it, and will incur a charge of £10 plus postage costs for replacement of any lost key.

7.5. Hirer must ensure that the documents, user manual and tools when supplied with the product are returned in clean condition. Failure to do so will result in a charge for replacement of £20.00

7.6. Where appropriate, the hirer must use any security device fitted to or supplied with the product, and hirer must ensure that he keeps the product fully charged where electrical batteries are fitted.

7.7. Hirer must ensure that the goods are stored in a safe fashion, out of the elements, which includes a weather resistant storage cover on items that can be stored outdoors. Wheelchairs and car portable products must be stored indoors.

7.8. Hirer must not sell, rent or dispose of the product or any of its parts. Hirer must not give anyone any legal rights over the product.

7.9. Hirer must not let anyone work on the product without first having obtained NEMS’s written consent. Hirer will immediately notify NEMS of any breakdown or if the product is defective or damaged in any way and without any attempt to repair.

7.10. Hirer must let NEMS know as soon as he/she becomes aware of any defect(s) in the product. Hirer should use all reasonable endeavours to notify NEMS of defects within 7 days of the date of delivery.

7.11. Hirer will be liable for cosmetic damage to the product including bodywork and will be liable for the reasonable costs of repair.

7.12. Damages to batteries and tyres where the damage is as a result of misuse, such as failing to keep the batteries charged, which results in irrecoverable battery failure, will result in the hirer being charged for the costs of repair by NEMS

7.13. Punctures in the tyres, or damage caused by driving with poorly inflated tyres will result in the hirer being charged for the costs of repair by NEMS

7.14. Hirer will have to pay for repairs if the hirer does not make a successful claim for accidental damage on the insurance in accordance with clause 8, or any portion of the claim that the insurance will not meet.

7.15. The Hirer will accept the responsibility for any product supplied to them during the course of this contract as a temporary or long-term loan or replacement while their product is with NEMS

7.16. The Hirer is responsible for ensuring that when using the product, he/she complies with all relevant legislation and health and safety requirements.

8. North East  Mobility Solutions Limited responsibilities

8.1. NEMS will maintain the product to at least the manufacturer’s recommended standard. NEMS undertakes that the product is roadworthy if relevant and suitable for hire at the start of the hire period. NEMS can only be accountable for any maintenance problems if notified by the hirer, continued use by the Hirer once notification has been made will be the total responsibility of the Hirer. The hirer accepts all liability in this instance.

8.2. NEMS cannot be held responsible for breakdowns outside our ‘Operating area’, when a product is taken out of a 60-mile radius from our base. Equipment must be brought back to our base or the original delivery location to be repaired.

8.3. If the hirer notifies NEMS of a breakdown or defect in accordance with clause 7 above, NEMS will endeavour to send an engineer to the hirer to inspect and repair or replace the product within 7 days of notification by the hirer, at no additional cost to the hirer, provided that the breakdown is within our operating area and the damage is not a result of the misuse or negligence of the Hirer. If out of our operating area when the breakdown occurs the hirer must return the equipment to the original drop off/collection address for our engineers to attend and asses the nature of the breakdown.

9. Property

9.1. NEMS is not responsible for loss or damage to property left in or on the product. Risk shall transfer to the hirer on the date of delivery of the product, and shall end on the date of collection by NEMS.

10. Conditions for using the product

10.1. The product must only be used by the person(s) named on the invoice, or by anyone NEMS authorises in writing.

10.2. Hirer or any authorised user must not:

1. Resell, hire or lend the product.
2. Use the product for any illegal purpose.
3. Use the product for any purpose for which it was not designed.
4. Pledge or in any way charge by way of security for any indebtedness of any of the products.
5. Use the product following a notification of a defect to NEMS until such time as NEMS can inspect the product and effects repairs or replaces the product.
6. Collection or return of products

11.1. For any collection or return of products (whether as a result of the hirer’s cancellation of the contract, termination of the contract, for any other reason, for the purpose of repair, replacement or repossession of the product or otherwise):

11.2. The hirer is responsible for storing the reusable delivery box in which the product is sent in. The hirer shall also be responsible for securely packaging the product in this box before handing it over to NEMS, or its employees or agents for collection;

11.3. NEMS will always exercise care on collection so as not to damage property or decor whilst collecting goods, NEMS will not be held liable for any accidental damage caused.

11.4. The hirer grants NEMS, its agents and employees an irrevocable licence to enter any premises where the product is stored on reasonable prior notice for the purpose of collecting the product;

11.5. NEMS will use reasonable endeavours to collect the product in two working days following the hirer’s request;

11.6. NEMS will specify a time and date on the invoice for the collection but the hirer shall remain responsible for the product until actual collection;

11.7. The hirer will remain liable for on-going hire charges, where a collection was unable to be made through the actions of the hirer, until the product is collected by NEMS or its employees or agents; and

11.8. The costs of any subsequent collection attempts will be paid by the Hirer.

 

 

 

12. Charges

12.1. Hirer will pay the following charges:

1. The hire charge.
2. Any charge for loss or damage resulting from non-compliance with Clause 4.
3. The cost of repairing or replacing the product if it is damaged or stolen whilst in the care or responsibility of the hirer (even if it is not the fault of the hirer).
4. Hirer may not have to pay the whole of the cost of repairing or replacing the product if the hirer has an insurance claim accepted by the insurance on the product.
5. Any published or notified rates for delivering and collecting the product.
6. On demand, NEMS costs, including reasonable legal fees where permitted by law, incurred in collecting payments due from the hirer under the Agreement.
7. Value added tax and all other taxes and levies on any of the charges listed above, as appropriate.
8. Hirer is responsible for all charges, even if he/she has asked someone else to be responsible for them.

12.2. The hirer shall make available a current active credit or debit card to allow such charges to be collected and hereby gives NEMS permission to use this card

 

 

13. Payment Terms

13.1. All payments for products shall be made by debit or credit card

13.2. Payments for products and all applicable delivery and collection charges shall be made in advance at time of booking

13.3. If the hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to NEMS, NEMS shall be entitled to:

1. Cancel the contract and suspend any further supply of services to the hirer until such time as the hirer has paid in full including any interest under these conditions;
2. Recover any products already delivered to the hirer for which payment has not been received;
3. Utilise any payment made by the hirer to NEMS against payment due under this contract (even if this payment has been made under any other contract between the hirer and NEMS) as NEMS may think fit; and
4. Charge the hirer interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per cent per annum above Barclay’s Bank plc’s base lending rate from time to time, calculated on a daily basis, until payment in full is made and will be liable for reasonable legal charges incurred by NEMS in the recovery of amounts due.

13.4. The Hirer shall not be entitled to withhold any payment (or part thereof) or make any deduction from the amount invoiced by NEMS in respect of any set-off or counterclaim unless such deduction or withholding is agreed in advance by NEMS in writing.

14. Warranty

14.1. NEMS warrants that the product will correspond in all material respects with its description given on the website at the time of delivery and for the duration of the contract.

14.2. The warrant does not apply where the defect arises from wilful damage, negligent use of the product, abnormal usage conditions, failure to follow NEMs’s instructions (whether oral or in writing), misuse or alteration or repair of the product without NEMs’s prior approval while the product is in the responsibility of the hirer in accordance with the terms of this contract.

14.3. Nothing in any contract or these conditions shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraudulent misrepresentations or for any other liability which cannot be legally excluded or limited.

14.4. Where any valid claim in respect of any product which is based on any defect in the quality, condition or quantity of the product is notified to NEMS in accordance with these conditions, NEMS shall be entitled to replace the product (or part of the product) free of charge, but this shall be the hirer’s sole remedy and NEMS shall have no further liability to the Hirer in this respect.

14.5. NEMS will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the contract that is caused by an event outside our control. An event outside our control is defined below in clause 14.6.

14.6. An “Event outside our control” means any act or event beyond our reasonable control, including without limitation performance of third party couriers, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shopping, aircraft, motor transport or other means of public or private transport.

14.7. If an event outside our control takes place that affects the performance of NEMS’s obligations under a contract.

1. NEMS will contact the Hirer as soon as reasonably possible to notify the Hirer; and
2. NEMS’s obligations under the contract will be suspended and the time for performance of NEMS’s obligations will be extended for the duration of the event outside our control. Where the event outside our control affects NEMS’s delivery of products to the hirer, NEMS will arrange a new delivery date with the hirer after the event outside our control is over.
3. Title

All goods for hire purposes remain the property of NEMS. If payment (or part) is overdue, we reserve the right to remove the goods and may enter upon the hirer’s premises for that purpose. The hirer grants NEMS the right to enter his/her premises in this instance.

16. Risk Protection

16.1. Where the product on hire is a motorised vehicle of the classification ‘Invalid Carriage’ then this will be supplied with fully comprehensive insurance cover subject to the terms of the insurance policy, which can be requested from NEMS

16.2. Where the agreement is for equipment not covered under 16.1 then the hirer is to insure the goods themselves.

16.3. We do NOT cover any product leaving the United Kingdom. 

17. What to do in case of accident or theft

If the hirer has an accident he must immediately notify NEMS and the insurance company. The hirer should get the names and addresses of everyone involved, including witnesses. The hirer should also make the product secure. and tell the police immediately if anyone is injured or there is a disagreement as to the facts. The hirer must then fill in an insurers incident report form (which must also be filled in if the product is stolen) and send it to the address given as soon as practically possible. The hirer shall remain liable irrespective of whether he has completed this form.

18. NEMS’s right to vary these terms

NEMS may update these conditions periodically by giving the Hirer at least 30 days’ advance notice in writing (“Notice Period”) to the hirer’s email address. If NEMS makes a change to the contract which would reasonably be regarded as being to the hirer’s material detriment, the hirer may terminate the contract by giving NEMS written notice within 14 days of receipt of notice of the change from NEMS, such termination to take effect on expiry of the notice period

19. Information

NEMS will maintain the personal information on the agreement as part of NEMS records to assist it to maintain and improve its administration and management.

20. Governing law

The agreement is governed by the laws of England. Any dispute may be submitted to the non-exclusive jurisdiction of the English courts. If any provision of this agreement is or becomes invalid or unenforceable, the remaining provisions shall not be affected.

IMPORTANT – You should read this carefully

Your rights

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the owner cannot enforce the agreement against you without a court order

The Act also gives you a number of rights. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.

Authorised and regulated by the Financial Conduct Authority FRN 679279