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Equipment Rental Terms and Conditions

Equipment Rental Terms and Conditions (Trial Terms)

Last updated June2022

Where to find information about us and our products

You can find everything you need to know about us, Paperclip App Ltd trading as Paperclip Rental (“We”, “Us” and “Our”) and our equipment which We make available for rental to You on our website (“Site”), before You place an Order. We also confirm the key information to you in writing after you place an Order, in your online account with Us and on email.

  1. The scope of the Contract

You understand that these terms cover the rental of Equipment to you on a trial basis only.

The Equipment shall be the equipment specified to You with the serial number as stated on acceptance of Your Order (“Equipment”).

When you place an order with Us to rent Equipment via Our Site (“Order”), you are entering into a legally binding agreement between Us and You, which shall consist of these terms and the information confirmed in Your Order (“Contract”).

The Contract is a rental agreement under which We will rent Equipment to you, on a free of charge basis during the Trial Period.

The specific terms of our Contract with you are set out below. Please ensure that you have read these terms carefully before you agree to them.

  1. Order Acceptance and Term
    1. Trial Period. The Contract shall start on the date that We accept an Order from and shall remain in force for the period stated on the Order (“Trial Period”), unless earlier terminated in accordance with clause 9.
    2. You shall not be permitted to rent the Equipment for longer than fourteen (14) days at a time, without Our prior written consent.
    3. Order acceptance. We contact you to confirm We've received your Order and We accept it when We dispatch or supply the Equipment, or make the Equipment available to you.
    4. Sometimes We reject orders, for example, because the Equipment is not available if all Equipment is fully booked, or undergoing maintenance, or you are outside the area permitted to rent the Equipment as stated on Our Site. In the event that this happens, We will let you know as soon as possible.
    5. Once your Order is accepted, the Equipment shall be made available for collection at the location stated by Us upon acceptance of Your Order (“Delivery Location”). The Delivery Location may be amended at any time upon notification to You via the Site.
  2. Charges
    1. As Our Contract with you is on a commercial rental basis, beyond the fees paid at the point of rental, You are responsible for the Equipment throughout the rental duration, and liable for any damage, theft or losses as per the terms stated for Total Loss or damage in the Liability section.
    2. Debt Collection. We have the right to refer the matter to a debt collection agency for collection of any fees, charges or payments outstanding, and repossession of the Equipment, if applicable, in which case all fees and charges due in respect of the debt collectors fees (including commission) and / or costs associated with recovering possession of the Equipment and any solicitors fees on a full indemnity basis.
  3. Title and Risk
    1. You understand that at all times the Equipment shall be owned by Us, and We may at any time register a security over the Equipment.
    2. The risk of theft, loss, damage or destruction of the Equipment shall immediately pass to You upon Delivery, and shall remain at Your sole risk during the Trial Period, until such time as the Equipment is redelivered to the Delivery Location.
  4. Your Responsibilities
    1. You shall during the Trial Period;
      1. ensure that the Equipment is kept in a suitable safe and dry environment, and locked when not in use to an immovable object (e.g. post or railing);
      2. adhere to the terms of any maintenance instructions provided to You via the Site applicable to the Equipment you have hired, as updated by us from time to time;
  • only use the Equipment in accordance with the Authorised use set out in clause 6;
  1. ensure that the Equipment is of the suitable size for You;
  2. not permit the Equipment to be used for any unauthorised use set out in clause 6b.
  3. operate the Equipment in a safe and reasonable manner and not in any negligent manner; and
  • take such steps (including compliance with health and safety usage instructions) as may be necessary to ensure that the Equipment is at all times safe and without risk to health when being set, used, cleaned or maintained;
  • keep the Equipment in good and substantial repair in the same condition that it was provided to You, in order to keep it in good operating condition, including repair or replacement of any flat tyres (if applicable);
  1. Complete any safety and maintenance checks provided by Us;
  2. make no alteration to the Equipment and not remove any existing parts or component from the Equipment, unless the part or component is replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Us immediately on installation;
  3. keep Us fully informed of all material matters relating to the Equipment;
  • not part with control (including for the purposes of repair or maintenance), sell or offer for sale, lease or hire the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
  • not suffer or permit the Equipment to be confiscated, seized or taken out of Your possession or control under any distress, execution or other legal process;

    4. re-deliver the Equipment to the Delivery Location on expiry of the Trial Period, or such other location as We require provided We give you notice in writing;

    5. You shall indemnify Us in respect of any loss or damage arising out of any breach of this clause 5 and will be solely responsible for all loss and damage so arising, including (but not limited to) all associated, tickets, fines, and fees.

    6. Some Equipment such as rental bicycles are fitted with an Apple AirTag ("AirTag") for security and tracking purposes only. Every AirTag has a unique serial number, and paired AirTags are associated with Our Apple ID. Unless necessitated by incidents of theft or loss, tracking details will not be shared with any third parties which include law enforcement and insurance parties.

    AirTags shall not be removed from Equipment under any circumstances and without Our consent. In the event that Equipment is returned without its corresponding AirTag, and AirTag cannot be reasonably returned within 2 hours of return of Equipment, You will solely be held liable for the costs of replacing the AirTag.
re-deliver the Equipment to the Delivery Location immediately if We notify You that the Equipment needs servicing or repair;
  1. Authorised use
    1. Subject to clause 6b, You are authorised to use the Equipment during the Trial Period for personal use only, subject to reasonable and safe parameters.
    2. You shall not be permitted to:
      1. let anyone other than You use or operate the Equipment;
      2. carry anyone else on the Equipment with You;
  • tow another person, vehicle or object;
  1. use or operate the Equipment in violation of any laws or for any illegal purpose;
  2. use or operate the Equipment in violation of the Highway Code;
  3. use or operate the Equipment whilst under the influence of alcohol, drugs or medication that does not permit the use of Equipment; or
  • in any race or competition.
  1. Our warranty
    1. We represent to you that as far as We are aware, the Equipment is supplied to you at the start of the Trial Period:
      1. in sound and safe condition, suitable for the authorised use by You;
      2. free from any known faults or defects that would affect the safe operation under normal use;
  • in accordance with the manufacturers standards;
  1. that the Equipment will be as described, fit for its purpose (which is general use) and of satisfactory quality.
  1. We do not warrant that the Equipment will be identical to the Equipment shown on Our Site, and You acknowledge that the Equipment may vary from its pictures.
  1. Liability
    1. You hereby acknowledge that You are liable for:
      1. The loss of, and all damage (excluding fair wear and tear), to the Equipment during the Trial Period, including as a result of theft of the Equipment or flat tyres;
      2. All damage to any person or the property of any person which is caused or contributed to, or arises from the use, by You or any person You let use the Equipment in contravention of the authorised use;
    2. If the Equipment is lost or stolen, or damaged beyond repair (“Total Loss”), You will be liable to pay Us the full cost of replacement of the Equipment, plus any additional costs related to the loss or theft of the Equipment, plus an admin fee of 15% (“Total Loss Costs”). Such Total Loss Costs are a fair and reasonable genuine pre-estimate of the losses suffered by Us and you agree to immediately pay such Total Loss Costs on demand by Us.
    3. In the event of theft of the Equipment, you shall:
      1. contact the police and obtain a police report and crime number;
      2. notify Us immediately provide all relevant accurate details and evidence of the incident;
  • return all other accessories relating to the Equipment (if any) that are still in Your possession to Us to the Delivery Location.
  1. In the event of damage to the Equipment, which is not a Total Loss, You shall:
    1. notify Us immediately and provide an accurate description of the incident and the damage, including the details of any third parties involved and registration numbers (if applicable);
    2. any other information reasonably requested by Us;
  • return all Equipment to Us that have been damaged or related to the Equipment to the Delivery Location promptly.
  1. We shall provide You with replacement Equipment at Our discretion, subject to availability.
  2. We are responsible for losses you suffer caused by us breaking Our Contract with You, unless the loss is:
    1. Unexpected. It was not obvious that it would happen and nothing You said to Us before We accepted your Order meant We should have expected it (so, in the law, the loss was unforeseeable).
    2. Caused by a delaying event outside Our control. Provided We have contacted you to notify You of the delay.
  • Avoidable. Something You could have avoided by taking reasonable action.
  1. A business loss. It relates to your use of the Equipment for the purposes of your trade, business, craft or profession,
  2. Caused by Your Unauthorised Use. If You have breached Our Contract or used the Equipment or permitted the Equipment to be used, outside of the authorised use stated in Our Contract.
  1. Termination
    1. You have the right to terminate the Contract at any time. In order to do so You must let Us know You want to terminate the Contract by contacting us
    2. We have the right to terminate the Contract at any time. In order to do so We shall let you know via the Site or by contacting You at any of the contact details provided in Your Order. We shall not have any liability to You as a result of Us terminating the Contract for any reason.
    3. Upon termination of the Contract for any reason, or expiry of the Contract, you shall:
      1. Return the Equipment to us within 24 hours of termination or expiry to the Delivery Location. If We terminate the Contract and You are not able to return the Equipment to the Delivery Location within this time frame, You shall let Us know immediately and arrange a mutually convenient time, or We shall be permitted to collect the Equipment from You. Failure to return the Equipment to Us within one week of termination shall be deemed a Total Loss.
      2. Pay any fees due in accordance with Our Contract immediately upon request.
    4. We use your personal data as set out in Our Privacy Notice .
    5. You have several options for resolving disputes with us
      1. Our complaints policy. Our Customer Service Team: will do their best to resolve any problems You have with Us the Equipment as per Our Complaints policy: rent/complaints
      2. You can go to court. These terms are governed by English law and wherever You live you can bring claims against Us in the English courts. If You live in Wales, Scotland or Northern Ireland, You can also bring claims against Us in the courts of the country You live in. We can claim against you in the courts of the country You live in.
    6. Other important terms apply to Our Contract with You
      1. We can transfer Our Contract with You, so that a different organisation is responsible for supplying the Equipment. We'll contact You to let You know if We plan to do this. If You're unhappy with the transfer You may end the Contract with Us in accordance with clause 9a.
      2. You can only transfer your contract with us to someone else if We agree to this. We may not agree to this at Our discretion.
      3. Nobody else has any rights under this Contract. This Contract is between You and Us. Nobody else can enforce it and neither of Us will need to ask anybody else to sign-off on ending or changing it.
      4. If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
      5. Even if We delay in enforcing this Contract, We can still enforce it later. We might not immediately chase You for not doing something (like paying) or for doing something You're not allowed to, but that doesn’t mean We can't do it later.