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Version: – December 2024

TERMS AND CONDITIONS FOR SHORT-TERM HIRE OF LINEN

If we accept your order, we will hire the Linen to you in accordance with these terms and conditions. Please read these terms and conditions carefully. By submitting an order to us, you will be agreeing to comply with these terms and conditions.

If you do not accept any of these terms and conditions, please do not submit an order.

If you have any questions about these terms and conditions, please contact us as set out in clause 13 before you submit your order.

1. Placing an order with us

1.1 We do not automatically accept all orders that are received by us.

1.2 Upon receipt of your order, we will review it and send you an email to confirm either that:

(a) we have accepted your order, and will supply the Linen to you in accordance with these terms and conditions; or

(b) we have rejected your order. We will explain the reasons for our rejection and refund any sums you have paid.

1.3 You are responsible for ensuring that the Linen you have ordered, and the dates that you have requested, are correct. We will not be responsible, and you will receive no refund of the Hire Fees if the details you provide to us are wrong, so please check them carefully before you submit your order.

2. Definitions

2.1 We use the following definitions in these terms and conditions:

Actual Delivery Date: the actual date on which we deliver the Linen to you at the Site.

Confirmation Email: the email referred to in clause 1.2(a) that we send to you to confirm we have reviewed and accepted your order, and that we agree to hire the Linen to you.

Consumer: an individual person who places an order with us for the hire of Linen who is acting for purposes that are wholly or mainly outside his or her trade, business, craft or profession.

Hire Fees: the payments to be made by you to us for the hire of the Linen, as set out in the Confirmation Email.

Hire Period: the period during which you will hire the Linen from us, as set out in clause 3.2.

Linen: the items of linen that you have agreed to hire from us, as listed in the Confirmation Email, together with any substitutions or replacements of such linen.

Scheduled Delivery Date: the date on which you have requested us to deliver the Linen to you at the Site, as stated in the Confirmation Email.

Security Deposit: the security deposit payable by you to us, as set out in the Confirmation Email.

Site: the premises at which you have agreed to store and use the Linen, as set out in the Confirmation Email.

you: the individual or business that has agreed to hire the Linen from us, as named in the Confirmation Email.

3. Hire Period

3.1 The Hire Period starts on the Actual Delivery Date.

3.2 The Hire Period shall continue for the period of time stated in the Confirmation Email unless the Hire Period is terminated earlier in accordance with clause 12.1.

4. Your right to change your mind

4.1 If you are a Consumer, then you have a statutory right to change your mind and to cancel your order at any time, provided that you do so within 14 days of the date of the Confirmation Email and before the Scheduled Delivery Date.

4.2 If you change your mind and wish to cancel your order, please contact us in accordance with clause 13. Provided that you do so within the timeframe set out above, we will cancel your order and refund any Hire Fees that you have paid in advance.

5. Hire Fees

5.1 You must provide us with valid payment card details at the time you submit your order to us. If you fail to do so, we will reject your order.

5.2 The Hire Fees are inclusive of VAT for personal purchases or exclusive of VAT for business purchases, which shall be payable by you in addition at the rate in force on the date you make payment to us. The current rate is 20%.

5.3 If we are unable to collect the Hire Fees from your payment card prior to the Scheduled Delivery Date then, without limiting any other remedy we may have:

(a) we may postpone the Scheduled Delivery Date until such time as we have been able to collect the Hire Fees in full;

(b) we may charge you interest on the unpaid Hire Fees, calculated from the date of the Confirmation Email until the date we receive payment of the overdue Hire Fees, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time; and/or

6. Security Deposit

6.1 We may require you to pay a Security Deposit, which protects us in the event you lose, damage or fail to return the Linen.

6.2 Where we require you to pay a Security Deposit, we will charge your payment card for the Security Deposit at the same time as we charge it for the Hire Fees.

6.3 If you lose or damage the Linen, or you fail to return the Linen to us at the end of the Hire Period, we shall be entitled to retain some or all of the Security Deposit to cover any costs or losses we incur as a result of your failure, loss or damage.

6.4 We shall refund the Security Deposit (or the remaining balance of the Security Deposit) to you within 30 days of the end of the Hire Period.

7. Delivery

7.1 We will use all reasonable endeavours to deliver the Linen to the Site on the Scheduled Delivery Date.

7.2 If we are unable to deliver the Linen on the Scheduled Delivery Date for reasons outside our control, we will contact you as soon as possible to let you know and let you know the revised Scheduled Delivery Date. As long as we do this, we will not compensate you for the delay, but if the delay means the Scheduled Delivery Date will be postponed too late for you to make use of the Linen for the event at which you intended to use the Linen, then you can contact us to end the contract and receive a refund for any Hire Fees that you have paid in advance.

7.3 You must ensure that a responsible and duly authorised person is present at the Site when we attempt to deliver the Linen. Acceptance of the Linen by that person shall constitute conclusive evidence that you examined the Linen and found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If requested, that person shall sign a receipt confirming acceptance of the Linen.

7.4 If we attempt to deliver the Linen and you fail to accept delivery for any reason, then:

(a) we shall not be required to refund any of the Hire Fees; and

(b) if you ask us to re-attempt delivery, then we will use all reasonable endeavours to do so at the next reasonably available opportunity, but there will be additional charge of your initial delivery cost for each subsequent delivery attempt.

8. Ownership and responsibility for the Linen

8.1 The Linen shall at all times remain our property. You shall have no right, title or interest in or to the Linen, other than the right to use of the Linen during the Hire Period in accordance with these terms and conditions.

8.2 You shall be responsible for any loss, theft, damage or destruction of the Linen during the Hire Period, and any further term during which the Linen remains in your possession, custody or control until such time as the Linen is returned to us.

8.3 If any Linen is lost, stolen, damaged or destroyed prior to the Linen being returned to us, or is not returned to us at the end of the Hire Period, then you will pay us an amount equivalent to the cost we incur in purchasing new items of Linen to replace the Linen that you have lost, had stolen, damaged or destroyed. We may deduct such payments from the Security Deposit.

8.4 You must notify us immediately in the event of any loss, theft, accident or damage to the Linen.

9. Your responsibilities

9.1 At all times during the Hire Period, and any further term during which the Linen remains in your possession, custody or control, you must:

(a) ensure that the Linen is kept and operated in a suitable environment (for example, it is not left exposed to bad weather) and used with reasonable care and only for the purposes for which it is designed;

(b) ensure, so far as is reasonably practicable, that the Linen is used safely at all times without risk to health;

(d) make no alterations or modifications to the Linen;

(e) not expose the Linen to hazardous, toxic or noxious substances, to fire or to extreme heat;

(f) keep the Linen at the Site at all times, and not move any of the Linen to any other location;

(g) permit us or our duly authorised representatives to enter the Site to inspect the Linen at all reasonable times;

(h) not part with control of, sell or offer for sale, or sub-hire the Linen;

(i) not attach the Linen to any land or building so as to cause the Linen to become a permanent or immovable fixture on such land or building;

(j) not do or permit to be done any act or thing which will or may jeopardise our right, title or interest in the Linen;

(k) not suffer or permit the Linen to be confiscated, seized or taken out of your possession or control;

(l) not use the Linen for any unlawful purpose; and

(m) ensure that at all times the Linen remains identifiable as being our property.

9.2 You must reimburse us in full for all costs, expenses and losses that we suffer or incur arising out of, or in connection with, any failure by you to comply with your obligations in this clause 9.

10. Our warranty

10.1 We warrant that the Linen will be of satisfactory quality and fit for the purpose for which it is designed.

10.2 If you think there is something wrong with our services or the Linen, you must contact us immediately in accordance with clause 13.

10.3 We will use our reasonable efforts to correct any significant defect in the Linen which materialises within the Hire Period, free of charge, provided that:

(a) you notify us of any defect immediately upon the defect occurring or of you becoming aware of the defect;

(b) you allow us to make a full examination of the alleged defect;

(c) the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than our authorised personnel; and

(d) the defect is directly attributable to defective material, workmanship or design.

10.4 If we fail to remedy any significant defect in the Linen in accordance with clause 10.2, we shall, at your request, accept the return of part or all of the Linen and make an appropriate proportional refund of the Hire Fees.

11. Our liability to you

11.1 Nothing in these terms and conditions:

(a) affects any legal right that you may have as a Consumer. For more details on your legal rights as a Consumer, please visit the Citizens Advice website at www.citizensadvice.org.uk; nor

(b) limits any liability which cannot legally be limited.

11.2 If we fail to comply with these terms and conditions, we are responsible for losses you suffer unless the loss is:

(a) unexpected or unforeseeable (that is, 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);

(b) caused by a delaying event outside our control; or

(c) avoidable (that is, something you could have avoided by taking reasonable action, including following our instructions).

11.3 Where you are not a Consumer then, subject to the other provisions set out in clause 11:

(a) we shall not be liable under these terms and conditions for any loss of profits, sales or business, agreements or contracts, anticipated savings, data or goodwill, or for any indirect or consequential loss;

(b) our total liability to you shall not exceed the total Hire Fees paid by you for the order in relation to which the liability arose;

(c) all implied terms and conditions as to the quality or performance of the Linen and any other goods or services provided under these terms and conditions are, to the fullest extent permitted by law, excluded from these terms and conditions.

12. We may cancel our contract with you

12.1 We may terminate the Hire Period with immediate effect by giving notice to you if:

(a) you fail to pay any amount due to us under these terms and conditions on the date such payment is due to be made;

(b) you fail to comply with any other of these terms and conditions and that failure cannot reasonably be remedied or, if it can be remedied, you fail to remedy that failure within 48 hours after we ask you to do so;

(d) we reasonably consider that you are unable to pay your debts as they fall due, or we reasonably consider that any step or action relating to insolvency, bankruptcy, administration, receivership or similar proceedings has been taken in relation to you;

(e) if you are not a Consumer, and you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business; or

(f) we if we have to postpone the Scheduled Delivery Date for any reason by more than seven days.

13. At the end of the Hire Period

13.1 At the end of the Hire Period:

(a) our permission for you to retain possession of the Linen shall cease;

(b) you must return the Linen to us in accordance with the instructions on the return label that we enclose with the Linen or, in the event of your failure to do so, allow us or our representatives access to the Site or any premises where the Linen is located for the purpose of removing the Linen;

(d) without affecting any other rights or remedies we may have, you must pay to us when requested:

(i) all Hire Fees and other sums that are due to us that you have not already paid, together with any interest accrued pursuant to clause 5.4; and

(ii) any costs and expenses we incur in recovering the Linen or in collecting any sums due under these terms and conditions;

(e) these terms and conditions shall remain in force until all Linen has been returned to us, all Hire Fees and other sums due have been paid by you and all of your other obligations have been performed in full.

13.2 Termination of the Hire Period shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any default which existed at or before the date of termination or expiry.

14. How to contact us

14.1 If you wish to contact us for any reason, then please do so by:

(a) Writing to us at 28 Robjohns Road, Widford Ind. Estate, Chelmsford, Essex, CM1 3AF;

(b) Telephoning us on 01245 352 577; or

15. Miscellaneous provisions

15.1 Confidentiality. You will take all proper steps to keep confidential all information concerning our business, assets, affairs, customers or suppliers which is disclosed to or obtained by you, other than to your own staff on a ‘need to know’ basis.

15.2 Entire agreement and third parties. These terms and conditions (together with the Confirmation Email) supersede all prior agreements between you and us (including your standard terms of purchase) and constitute the entire agreement between you and us. None of these terms and conditions shall be enforceable by anyone other than by you and us.

15.3 No waiver. 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.

15.4 Severance. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.5 Data protection. We will use any personal data you give us in accordance with the terms of our privacy notice, which is available at https://occasionallinenhire.co.uk/privacy-policy/

15.6 Assignment. These terms and conditions are personal to you and shall not be assigned or transferred to anyone else without our prior consent.

15.7 Intellectual property. You shall have no right to use any trademark, name, style or other intellectual property right belonging to us, and shall do nothing that may damage or endanger such intellectual property or assist or allow others to do so.

15.8 Interpretation. Singular words shall include the plural and vice-versa. References to including and similar expressions shall be without limitation. Headings shall be ignored when interpreting these terms and conditions. An obligation on you not to do something includes an obligation not to allow that thing to be done. A reference to these terms and conditions is a reference to these terms and conditions as were in force as at the date of the Confirmation Email.

15.9 Law. 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.

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