RENTAL TERMS & CONDITIONS

1. INTERPRETATION

1.1  In this Agreement, the following terms shall have the meanings ascribed to them below:

  • Business Day: Any day excluding Saturdays, Sundays, and public holidays in England.
  • Business Hours: The hours between 08:30 and 17:00 on any business Day.
  • Collection: The physical handover of the Equipment from the Hirer to Wellworking at the Site.
  • Delivery: The physical handover of the Equipment to the Hirer at the Site.
  • Delivery Date: The date agreed upon for the Delivery of the Equipment.
  • Equipment: The items specified in the Order, including any accessories, replacements, or substituted items.
  • Hirer: The individual or legal entity entering into this Agreement for the hire of Equipment from Wellworking.
  • Order: A confirmed hire request submitted through Wellworking’s website or by purchase order.
  • Rental Period: The duration for which the Equipment is hired, as outlined in Clause 3.
  • Rental Value: The hire charge payable by the Hirer for the Equipment during the Rental Period.
  • Risk Period: The period during which the Equipment is at the Hirer’s risk, as defined in Clause 7.2.
  • Site: The premises specified in the Order where the Equipment will be delivered and used.
  • Wellworking: Wellworking Ltd, a company registered in England and Wales.
  • Total Loss: A situation in which the Equipment is lost, stolen, irreparably damaged, or otherwise rendered irrecoverable due to the Hirer’s actions or negligence.
  • Total Price: The aggregate amount payable for the rental, including the Rental Value, delivery, labour, and all applicable charges.
  • VAT: Value Added Tax at the applicable rate in the United Kingdom.


2. EQUIPMENT HIRE

2.1  Wellworking agrees to hire the Equipment to the Hirer under the terms and conditions set out herein.

2.2  These terms shall take precedence over any terms proposed or implied by the Hirer, whether in communication or otherwise.


3. RENTAL PERIOD

3.1  The Rental Period shall commence on the Delivery Date and conclude upon Collection of the Equipment by Wellworking.

3.2  The Hirer may request an early return of the Equipment; approval and any corresponding refund (subject to applicable deductions) shall be at the sole discretion of Wellworking.


4. PAYMENT

4.1  Unless otherwise agreed in writing, 100% of the Total Price is payable in advance.

4.2  A refundable deposit of £250 per product is also required to be paid in advance. Deposits are returned within 3–5 working days following collection, provided the item is returned in good condition.

4.3  Payment must be received in full prior to Delivery.

4.4  Equipment will not be delivered until full payment has been received.

4.5  Payment shall be made in GBP via bank transfer or credit/debit card.

4.6  Prices are inclusive of VAT or any other applicable taxes.

4.7  If Collection is unsuccessful on the agreed date, an additional charge of £10 per day will apply, and an additional collection fee will be charged.


5. LOSS OR DAMAGE

5.1  The Hirer shall be liable for the full replacement cost of any Equipment that is lost or damaged during the Rental Period.

5.2  To be eligible for a full deposit refund, the product must be returned without structural damage (e.g. broken components) or significant cosmetic damage (e.g. torn fabric or mesh).

5.3  In cases where the product sustains significant damage during the rental period, the deposit will be withheld.


6. DELIVERY AND COLLECTION

6.1  Wellworking shall be responsible for both the Delivery and Collection of the Equipment. Risk shall transfer in accordance with Clause 7.2.

6.2  The Hirer must ensure that an authorised representative is present at both Delivery and Collection to inspect and sign for the Equipment.

6.3  Delivery / Collection Inspection - Upon Delivery, our team will photograph the product and document any existing wear or damage. At the time of Collection, the product will be photographed again. Please inform our team of any damage incurred during the rental period.

6.4  Any discrepancies or issues must be reported by email at the time of Delivery or within 24 hours thereafter.

6.5  The Hirer must ensure that the Site is accessible and safe for Delivery and Collection.

6.6  Failure to accept Delivery may result in additional charges, including storage and redelivery fees.

6.7  Substitution of Equipment may occur due to availability. Any substituted items will be of equivalent specification and quality.

6.8  Wellworking shall not be held liable for delays outside its reasonable control, including but not limited to traffic disruptions, strikes, or adverse weather conditions.


7 TITLE, RISK & INSURANCE

7.1  Legal title to the Equipment shall at all times remain with Wellworking.

7.2  Risk in the Equipment transfers to the Hirer upon Delivery and remains with the Hirer until Collection by Wellworking.

7.3  The Hirer shall maintain insurance coverage for:

  • The full replacement value of the Equipment;
  • Third-party liability;
  • Any other risks reasonably required by Wellworking.

7.4  Should the Hirer fail to obtain appropriate insurance, Wellworking reserves the right to secure insurance and recharge the cost to the Hirer.

7.5  The Hirer must provide proof of insurance upon request.


8. HIRER’S OBLIGATIONS

8.1  The Hirer shall:

  • Use the Equipment solely for its intended purpose;
  • Not alter, sell, lend, or sub-let the Equipment;
  • Not affix the Equipment to land or buildings without prior written consent from Wellworking;
  • Allow Wellworking access to retrieve the Equipment at any reasonable time;
  • Avoid any actions that may invalidate insurance coverage.

8.2  The Hirer shall indemnify Wellworking against any damage resulting from misuse or negligence.

8.3  All dimensions and specifications provided for the Equipment are approximate and may vary slightly.


9. LIMITATION OF LIABILITY

9.1  Nothing in this Agreement shall exclude or limit Wellworking’s liability for:

  • Death or personal injury caused by negligence;
  • Fraud or fraudulent misrepresentation;
  • Any liability that cannot be excluded under applicable law.

9.2. Wellworking’s total liability shall be limited to the Total Price paid under this Agreement.

9.3  Wellworking shall not be liable for:

  • Loss of profits, revenue, or business;
  • Loss or corruption of data;
  • Reputational damage;
  • Indirect, incidental, or consequential losses.

9.4  No liability shall arise for injury or damage caused through the improper use of the Equipment.


10. TERMINATION

10.1  Wellworking may terminate this Agreement with immediate effect if:

  • The Hirer fails to make payment;
  • The Hirer breaches any material term of this Agreement;
  • The Hirer becomes insolvent or enters into administration or liquidation.

10.2  Breaches of Clauses 4 (Payment), 7 (Title, Risk & Insurance), or 8 (Hirer’s Obligations) shall constitute material breaches.

10.3  This Agreement shall automatically terminate in the event of Total Loss.


11. CONSEQUENCES OF TERMINATION

11.1  Upon termination:

  • The Hirer must immediately cease use of and return the Equipment;
  • Wellworking may take steps to recover the Equipment;
  • The Hirer shall settle all outstanding charges, including interest and recovery costs.

11.2  If terminated under Clause 10, the Hirer shall pay the balance of the Total Price for the remainder of the Rental Period, less any realised resale value of the Equipment.

11.3  These charges represent fair compensation and are in addition to any Maintenance Waiver fees.

11.4  The provisions relating to liabilities, indemnities, and payments shall survive termination.

11.5  Termination shall not affect any accrued rights or obligations existing prior to the termination date.


12. FORCE MAJEURE

12.1  Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control. A reasonable extension of time shall be granted in such cases.

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