Terms & Conditions
This rental agreement (“Agreement”) is made between Brolly Drop Limited, 7c, High Street, Barnet, United Kingdom, EN5 5UE (registered under the laws of England and Wales with company number : 11565647 and having VAT registration number: 362635200) (“Brolly Drop Limited”, “we”, “us”, “our”) and the customer whose particulars are set out below (“Customer”, “you”, “your”) whereby Brolly Drop Limited agrees to let and the Customer agrees to hire the Equipment specified below in accordance with the Terms.
You are: the Customer as shown below. The Terms are: the information shown below and the Terms of Agreement.
Unless we have terminated the Agreement and/or the hiring of the Equipment under clause 10, at the end of the Primary Hire Period the hiring will continue automatically thereafter from year to year (each such year being a “Secondary Hire Period”) unless you give us at least three months’ prior written notice to end the hiring in accordance with clause 1.2, such notice to expire on the last day of the Primary Hire Period or any anniversary of such date.
Primary Hire Period Minimum Term: Eighteen Months
Important – use of your information
From time to time, and in particular when you provide us with additional personal information or add additional products, we may also provide you with additional service specific information about the use of your personal data which should be read alongside this notice.
By signing this Agreement you confirm that:
- You have read and understand the Terms of Agreement, in particular that you are only renting (unless otherwise specified) the umbrella stand and will not own it at any point. Once your rental agreement expires you must arrange for Brolly Drop Limited to collect any umbrella stands subject to this contract.
- The information given by you when applying to enter this Agreement is correct.
- You have read and agree with the “DATA PROTECTION STATEMENT” and “USE OF YOUR PERSONAL INFORMATION” sections of this Agreement, and that you make the declaration contained within such page.
- Your minimum contract period must still be adhered to even in the event of loss or damage caused to the stand whilst in your possession. If required, you must include the stand within your own insurance provisions and Brolly drop Ltd is not therefore responsible for any loss, damage or third-party liability that may occur after purchase or during the contract rental period.
1.The Equipment and Lease Period
This Agreement shall come into eﬀect on the date it is signed by Brolly Drop Limited. Brolly Drop Limited agrees to allow you to take on hire the Equipment described on page 1 of this Agreement) (the “Equipment”) At no point do you own the equipment/umbrella stands. This is a hire agreement and does not confer any ownership rights whatsoever.
1.2 The Agreement is for the initial Primary Hire Period set out in this Agreement. At the end of the Primary Hire Period the hiring of the Equipment shall continue automatically on the Terms set out in this Agreement thereafter from year to year unless you give to Brolly Drop Limited at least three months’ prior written notice to end the hiring, such notice to expire on the last day of the Primary Hire Period or any anniversary of such date.
2.Payment of Rentals
You shall pay to Brolly Drop Limited the Rentals of this Agreement at the times shown there or at such other times as Brolly Drop Limited may notify to you on or before the due dates.
- Punctual payment by Direct Debit is a condition of and is essential to this Agreement. If you stop paying by Direct Debit and pay Brolly Drop Limited by some other method not agreed in writing by Brolly Drop Limited, then Brolly Drop Limited shall be entitled to increase every Rental so paid by 3% to cover its additional administration costs.
- You shall pay interest on all sums payable under this Agreement which are overdue at 5% per annum above Finance House Base Rate as from time to time published. Interest will accrue on a day to day basis from the due date until the date of payment after as well as before any judgment or decree. Such interest is payable on demand and without prejudice to any other right or remedy which Brolly Drop Limited may have under this Agreement.
- Subject to clause 13.1(f), all Rentals and other sums due under this Agreement from you to Brolly Drop Limited shall be paid without demand by Direct Debit or any other means agreed in writing by Brolly Drop Limited and shall be paid without any deduction, set-oﬀ, counterclaim or withholding whatsoever. There shall not be any rebate or deferral of any payment during any period in which the equipment is not working, Is not in your possession, is unserviceable or is unavailable for use for any reason.
- All sums due to Brolly Drop Limited under this Agreement are (unless otherwise stated) exclusive of VAT, which shall be charged in accordance with the relevant regulations in force at the time of making the taxable supply and shall be paid by you.
3.Consequences of Termination
Upon the hiring of the Equipment being terminated , you shall pay to Brolly Drop Limited:
- (a)all arrears of Rentals, payments and other sums due up to the date of termination including any interest due on any unpaid amounts;
- (b)a sum equal to all Rentals which but for the termination of the hiring of the Equipment would have become due and payable during the remainder of the Primary Hire Period (as applicable)
You agree to indemnify Brolly Drop Limited against all loss, actions, claims, demands, proceedings (whether criminal or civil), costs, legal expenses (on a full indemnity basis), insurance premiums and calls, liabilities, judgments, damages or other sanctions whenever arising directly or indirectly from your hiring, possession, operation or use of the Equipment under this Agreement or otherwise from your failure or alleged failure to carry out your duties under this Agreement, or by reason of any loss, injury or damage suffered by any person including, without limitation, Brolly Drop Limited from the presence of the Equipment or the delivery, possession, hiring, transportation, condition, use, operation, removal, return, sale or disposal by Brolly Drop Limited, or any defect in the Equipment or the design, manufacture, testing, maintenance or overhaul of it or Brolly Drop Limited exercising any right in respect of the Equipment or its ownership or hiring. The provisions of this clause shall continue in full force and effect notwithstanding the termination of this Agreement for any reason.