Rental T’s & C’s
MY FULL HOUSE LTD TERMS AND CONDITIONS FOR SUPPLY OF HIRE EQUIPMENT SERVICES
PLEASE NOTE THAT THESE TERMS ARE USED WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:
BEFORE PLACING AN ORDER, THE HIRER SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE ORDER.
THE HIRER’S ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING MY FULL HOUSE’ LIABILITY TO THE HIRER AND CANCELLATION.
GENERAL TERMS AND CONDITIONS
1.1 In each Contract, the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:
“Account” means the account in the name of the Hirer under which the Hirer can order the provision of Services;
“Additional Charges” means charges applicable to the provision of the Services which are charged in addition to the Charges including, as applicable, delivery costs, costs incurred in failed deliveries or collections, fuel, insurance charges, charges in respect of Damage Waiver and Damage Waiver Plus and any other additional costs and expenses referred to in these Terms and Conditions;
“Business Day” means a day (other than a Saturday, Sunday or public or bank holiday) on which the banks are ordinarily open for business in the City of London;
“Cancellation Clause” means clause 13.3, 13.4 or 13.5 in the case of Consumer Hirers;
“Cancellation Date” means the date on which the Contract expires or is cancelled for whatever reason;
“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, MY FULL HOUSE standard charges for the relevant Services in force from time to time;
“Commencement Date” means the earlier of the date set out in the Contract, the date of the creation of an Account, if applicable or where no such dates apply, the day on which the hire of the Equipment commences under the Contract;
“Contract” means the contract for Services between MY FULL HOUSE and the Hirer created in accordance with clause 3.1;
“Damage Waiver” means the optional waiver of liability for payment by the Hirer for damage to Equipment as set out in clause 9;
“Damage Waiver Plus” means the optional waiver of liability for payment by the Hirer for loss or damage to Equipment as set out in clause 9;
“Equipment” means the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it to be supplied as part of the Services;
“Event Outside MY FULL HOUSE’ Control” means any act or event beyond MY FULL HOUSE’ reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of 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, shipping, aircraft, motor transport or other means of public or private transport.
“Group” means in respect of a party, its Parent Undertakings, its Subsidiary Undertakings and the Subsidiary Undertakings of any of its Parent Undertakings from time to time (“Parent Undertaking” and “Subsidiary Undertaking” having the meanings set out in section 1162 Companies Act 2006).
“Hire Period” means the period of hire of the Equipment in respect of each Contract as set out in the Order if not cancelled earlier in accordance with the applicable Cancellation Clause;
“Hirer” means the Consumer or Trader set out as such in the Contract;
“MY FULL HOUSE” means the relevant MY FULL HOUSE company set out in the Contract;
“Order” means the individual orders for the hire of Equipment placed by the Hirer from time to time during the Term in accordance with clause 4;
“Order Acknowledgement” MY FULL HOUSE’ written acceptance of the Order;
“Replacement Cost” means the cost of replacing any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by MY FULL HOUSE covering the cost to MY FULL HOUSE of administering the replacement, notified to the Hirer at the point of hire;
“Services” means the hire of Equipment by MY FULL HOUSE to the Hirer;
“Site” means the Hirer’s primary business premises unless specified otherwise in the Contract or in an Order or any other premises at which the Equipment is located;
“Term” has the meaning give to it in clause 3.2;
“Terms and Conditions” means these terms and conditions that apply to an individual Order;
“Working Hours” are from 7.30 am to 5.30 pm on a Business Day unless specified otherwise in writing by MY FULL HOUSE.
1.2 unless the context otherwise requires:
(a) references to the singular include the plural and vice versa and references to any gender include every gender;
(b) references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
(c) references to any statute or statutory provision shall include any subordinate legislation made under it and shall be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;
(d) an obligation on a party to procure or ensure the performance or standing of another person shall be construed as a primary obligation of that party;
(e) in the event that there is a conflict between Part A, Part B and Part C, Part A shall prevail and then Part B in the case of a Consumer and Part C in the case of a Trader; and
(f) any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.
- Information about MY FULL HOUSE and contacting MY FULL HOUSE
2.1 The name, company registration number, registered office address and VAT number of the relevant MY FULL HOUSE company from which the Equipment will be hired is set out on the Contract.
2.2 If the Hirer has any questions or if the Hirer has any complaints, please contact MY FULL HOUSE. MY FULL HOUSE can be contacted by e-mailing firstname.lastname@example.org.
- Formation of Contract and Commencement
3.1 The signature by both parties of a written agreement which these Terms and Conditions are attached or which refer to these Terms and Conditions or, if no written agreement has been entered into, the placing of an Order by the Hirer and the acceptance of such Order by MY FULL HOUSE in accordance with clause 4.2, shall form the basis of the Contract incorporating these Terms and Conditions.
3.2 The Contract shall commence on the Commencement Date of _________________ and shall continue for the duration of xx months (unless cancelled early in accordance with the applicable Cancellation Clause) or if no period is set out in the Contract until the Contract is cancelled in accordance with the relevant Cancellation Clause (“Term”).
4.1 Each Order placed by the Hirer during the Term will be an offer by the Hirer to purchase the Services on these Terms and Conditions.
4.2 A Contract will be formed between MY FULL HOUSE and the Hirer for the provision of Services set out in the Order, when MY FULL HOUSE confirm their acceptance of the Order by issuing an Order Acknowledgement to the Hirer.
4.3 The placing of any Order and/or the acceptance of delivery of the Equipment shall be conclusive evidence of the Hirer’s acceptance of these Terms and Conditions. Any addition or amendment to any Order will create a new Order.
4.4 The Contract shall continue for the Hire Period unless terminated earlier in accordance with the applicable Cancellation Clause.
4.5 It is the Hirer’s responsibility to ensure that each Order is accurate and complete and that the Equipment is suitable for the Hirer’s requirements.
4.6 Nothing in these Terms and Conditions shall require MY FULL HOUSE to accept any Order placed by the Hirer. MY FULL HOUSE reserves the right to refuse to hire Equipment to the Hirer for any reason whatsoever at its sole discretion.
- The Equipment
Right to Equipment and Return of Equipment
5.1 The Hirer acknowledges that the Equipment remains at all times the property of MY FULL HOUSE (or its supplier as applicable) and title and ownership shall not pass to the Hirer.
5.2 The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.
5.3 On termination of the Contract for whatever reason, all Equipment at such time in the possession of the Hirer shall immediately become due for return to MY FULL HOUSE. The Hirer grants, and will ensure that the owner of any third party premises grants, MY FULL HOUSE, its agents, employees and sub-contractors an irrevocable licence at any time to enter any premises where the Equipment is or may be stored in order to recover the Equipment. The rights granted in this clause 5.3 are without prejudice to any rights and remedies which may have accrued to MY FULL HOUSE up to and including the Cancellation Date.
5.4 MY FULL HOUSE shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.
5.5 The Hirer shall immediately notify MY FULL HOUSE of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.
5.6 The Hirer shall grant or shall procure that MY FULL HOUSE or its authorised representative is granted access to the Site at all such reasonable times on MY FULL HOUSE giving the Hirer reasonable notice to:
(a) inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and
(b) carry out any inspections or repairs of the Equipment as provided for under the Contract.
Condition, Use and Storage of the Equipment
5.7 The Hirer:
(a) shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) save that the Hirer shall not repair or allow any third party to repair the Equipment and shall notify MY FULL HOUSE immediately if any repair is necessary;
(b) shall where the Equipment requires electricity, ensure that the proper type of voltage is used;
(c) shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by MY FULL HOUSE;
(d) shall not make any alteration to the Equipment (including defacing or covering up) MY FULL HOUSE’ name plate or mark;
(e) shall not without the prior written consent of MY FULL HOUSE, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;
(f) shall not, without the prior written consent of MY FULL HOUSE, part with control of the Equipment (including for the purposes of repair or maintenance);
(g) shall not do or permit to be done anything which could invalidate MY FULL HOUSE’ insurances;
(h) is responsible for the security of the Equipment whilst in the Hirer’s possession; and
(i) will take all appropriate measures to secure the Equipment at the Site when not in use and will, subject to Damage Waiver Plus applying in accordance with clause 9, pay MY FULL HOUSE for any Equipment which is lost, stolen or in MY FULL HOUSE’ reasonable opinion or the opinion of its insurer(s), damaged beyond repair at full replacement value of such Equipment, such value to be confirmed to the Hirer by MY FULL HOUSE, subject to supporting documentation. Replacement value shall be determined as the manufacturer’s retail price at the time of loss, plus all ancillary costs, including but not limited to administration costs and lost hire time costs.
5.8 MY FULL HOUSE shall during the Hire Period ensure that:
(a) the Equipment shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose;
(b) the Services shall be carried out with reasonable skill and care; and
(c) on the Commencement Date, the Equipment shall comply with:
- all applicable laws and statutory regulations; and
- any reasonable instructions and guidelines issued by the Hirer at the time of hire, including health, safety and security standards.
5.9 If, at any time during the Hire Period, the Hirer becomes aware of a breach of clause 5.8 the Hirer shall:
(a) give written notice of the breach to MY FULL HOUSE as soon as reasonably possible once the Hirer has become aware of the breach; and
(b) give MY FULL HOUSE a reasonable opportunity to rectify any issues.
5.10 Following receipt of written notice under clause 5.9 MY FULL HOUSE will:
(a) repair the Equipment;
(b) replace the Equipment with equipment of an equivalent or similar specification; or
(c) reduce the Charges of the relevant Equipment by a sum which is fair in the circumstances.
5.11 MY FULL HOUSE shall not be responsible to the Hirer for any breach of clause 5.8 and shall not be required to repair or replace the Equipment in accordance with clause 5.10 if:
(a) the breach arose directly as a result of any act or omission of the Hirer; and/or
(b) the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment.
5.12 MY FULL HOUSE will investigate defective Equipment and, on request, will provide the Hirer with a written report of this investigation.
Damage to or Loss of Equipment
5.13 Subject to Damage Waiver or Damage Waiver Plus applying in accordance with clause 9, the Hirer shall be responsible to MY FULL HOUSE for:
(a) all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk in accordance with clause 6.7; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by MY FULL HOUSE, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges, in accordance with clause 7, until any repairs and or cleaning have been completed; and
(b) the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, in accordance with clause 7, until the Replacement Cost has been received by MY FULL HOUSE.
6.1 MY FULL HOUSE shall use reasonable efforts to deliver the Equipment to (the) agreed delivery location(s) during Working Hours on the date or within the period specified in the Order. Deliveries to Consumers will be no more than 30 days after the day on which the Contract is entered into.
6.2 If there is a delay in delivery or non-performance by MY FULL HOUSE, the Hirer may cancel the Contract if the Hirer has given 24 hours’ notice to MY FULL HOUSE requiring the delivery and/or performance to be made and MY FULL HOUSE has not fulfilled the delivery and/or performance within that period.
6.3 If the Hirer cancels the Contract in accordance with clause 6.2, then:
(a) MY FULL HOUSE will refund to the Hirer any sums which the Hirer has paid to MY FULL HOUSE in respect of the Contract or part of the Contract which has been cancelled; and
(b) the Hirer will not be required to make any further payments in respect of the Contract or part of the Contract which has been cancelled.
6.4 The Hirer shall at its sole expense provide sufficient access to and from the Site, unloading space, materials and facilities to enable MY FULL HOUSE to carry out the Services in a safe manner.
6.5 The Hirer shall ensure that the Site where the Equipment is to be delivered and/or Services to be performed is, where necessary, cleared and prepared before delivery or the performance of the Services is to commence. It is the Hirer’s responsibility to ensure that MY FULL HOUSE has sufficient access to be able to deliver the Equipment and MY FULL HOUSE shall not be in breach of the Contract if it is unable to deliver the Equipment to the Site in a safe manner. Additional Charges shall apply for any redelivery or attempted redelivery in such circumstances in accordance with clause 6.9.
6.6 Delivery will occur when the Equipment arrives at the delivery address (whether at MY FULL HOUSE’ premises or a Site). On delivery of the Equipment, the Hirer will off-load the Equipment from the delivery vehicle. MY FULL HOUSE will provide reasonable assistance to unload the Equipment but will only provide such assistance if the Equipment can be unloaded safely.
6.7 Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery. Risk in the Equipment will return to MY FULL HOUSE once the Equipment is loaded onto the collection vehicle.
6.8 The Hirer shall grant or procure the grant of access to the Site to MY FULL HOUSE to allow the collection of the Equipment and make the Equipment available for collection by MY FULL HOUSE on the date and time agreed between the parties at the end of the Hire Period and/or if MY FULL HOUSE requires the return of the Equipment at any point during the Term to carry out its obligations under the Contract the Hirer shall comply with its obligations set out in clause 6.4 in respect of such collection.
6.9 If MY FULL HOUSE is unable to deliver or collect the Equipment on the dates agreed it may charge the Hirer reasonable Additional Charges in respect of such inability to deliver or collect including additional delivery charges for any re-delivery of the Equipment (including any third party costs) and any storage charges. In addition: (i) in the event of a failed delivery, the Hirer will pay to MY FULL HOUSE compensation equal to the value of the Charges which would have been payable had the Equipment been delivered on the agreed delivery date, such amount shall accrue and be payable from the agreed delivery date to the date of actual delivery; and (ii) in the event of a failed collection, the Hirer will pay to MY FULL HOUSE compensation equal to the value of the Charge which would have been paid had the Equipment been re-hired to the Hirer at the Charges payable prior to the agreed collection date, such amount shall accrue and be payable from the agreed collection date to the date of actual collection.
- Charges and Payment
7.1 The Hirer shall become liable to pay the Charges from the date of delivery pursuant to clause 6.6.
7.2 The Hirer shall pay the Charges and any Additional Charges for the hire of the Equipment in accordance with these Terms and Conditions.
7.3 MY FULL HOUSE will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:
(a) any variation in the Hirer’s requirements for the Equipment;
(b) any information provided by the Hirer being inaccurate or incomplete; or
(c) any failure or delay by the Hirer in providing information.
7.4 MY FULL HOUSE may, prior to the hire of the Equipment, require the Hirer to pay such deposit as is considered appropriate by MY FULL HOUSE as notified to the Hirer at the time the Equipment is ordered (“Deposit”) and/or require the Hirer to provide details of a valid credit or debit card as a Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any loss of or damage caused to the Equipment including any Replacement Cost and shall not act as a limitation of the Hirer’s liability in respect of unpaid Charges, Additional Charges, damage or loss to the Equipment or any Replacement Cost.
7.5 Subject to Damage Waiver Plus applying in accordance with clause 9, if the Hirer fails without due cause to make any payment of the Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), MY FULL HOUSE shall be entitled to apply the Deposit or such further sums as are necessary against such default, loss, Replacement Cost or damage either by deduction from the Deposit sum and/or deduction of
such further sums as are necessary from the credit or debit card (as applicable). Any Deposit sum (or balance thereof) shall be refundable at the end of the Hire Period.
7.6 Any sum payable under the Contract is exclusive of VAT (and any other similar or equivalent taxes, duties, fees and levies) which shall be payable in addition to that sum in the manner and at the rate prescribed by law from time to time.
7.7 The Charges are exclusive of any Additional Charges. Where Charges are quoted on a daily basis, these shall include any and all weekends and public and bank holidays which fall within the Hire Period.
7.8 The Charges will be payable by the Hirer to MY FULL HOUSE for the duration of the Hire Period.
7.9 Unless otherwise agreed by the parties in writing or in the Contract, all invoices submitted by MY FULL HOUSE shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.
7.10 If any Charges or Additional Charges are not paid on or before the due date for payment, MY FULL HOUSE shall be entitled to charge the Hirer interest on that sum at 4% per annum above the base lending rate from time to time of Barclays Bank plc from the due date until the date of payment, such interest to accrue on a daily basis.
7.11 No payment made by the Hirer shall in any way impair or restrict any rights or remedies the Hirer may have under the Contract or otherwise.
7.12 Save as otherwise expressly provided in the Contract or required by law, all payments to be made by either party under the Contract shall be made in full and without any deduction or withholding including on account of any counter-claim.
7.13 Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by MY FULL HOUSE in the recovery of amounts due or the recovery of the Equipment. In addition MY FULL HOUSE is entitled to suspend further services to the Hirer.
- Performance Failure
8.1 If MY FULL HOUSE fails to supply the Services (or any part thereof) and the failure was not caused by the Hirer and/or the Hirer’s failure to comply with its obligations and restrictions under the Contract then, save as otherwise set out in the Contract, the Hirer shall be entitled (without prejudice to any other rights or remedies it may have):
(a) to require MY FULL HOUSE to remedy such breach by re-supplying the relevant Services at no additional charge; or
(b) to require MY FULL HOUSE to repay or credit to the Hirer that part of the Charges paid by the Hirer relating to the relevant Services that MY FULL HOUSE has failed to supply.
- Damage Deposit
9.1 The hirer agrees to pay a deposit of £_________ to MY FULL HOUSE for the commencement of this contract. The deposit will be held by MY FULL HOUSE until the contract is terminated after the full duration of xx months (unless cancelled early in accordance with the applicable Cancellation Clause). At the point of contract termination, the full deposit will be returned to the hirer, so long as the hirer complies with the following conditions:
(a) the goods are returned in the condtion stated within the hire agreement at the start of the period of hire.
(b) All of The Equipment will be Available For Collection in the Condition as stated on this Hire Agreement by the End of the Period Of Hire.
(c) no loss or damage occurs to any of The Equipment between delivery and collection by MY FULL HOUSE
If these conditions are not met, MY FULL HOUSE reserves the right to keep the full deposit amount.
9.2 the Hirer shall be responsible for any damage to or loss of the Equipment in the following circumstances:
(a) theft of consumable goods;
(b) loss due to the dishonesty, wilful defect or negligence;
(c) loss of Equipment revealed only when an inventory is made or at collection;
(d) loss arising from civil disturbance; and/or
(e) loss occurring outside the UK and the Republic of Ireland.
MY FULL HOUSE may update these Terms and Conditions from time to time, for example, to comply with changes in the law or to take account of new ordering or payment processes or new products MY FULL HOUSE may offer. The Hirer must always check these Terms and Conditions prior to placing an Order to ensure that the terms which apply to that Order are understood.
11.1 If MY FULL HOUSE fails to insist that the Hirer performs any of its obligations under the Contract or if MY FULL HOUSE does not enforce its rights against the Hirer, or if MY FULL HOUSE delays doing so, that will not mean that MY FULL HOUSE has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If MY FULL HOUSE does waive a default by the Hirer, MY FULL HOUSE will only do so in writing, and that will not mean that MY FULL HOUSE will automatically waive any later default by the Hirer.
11.2 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.3 The parties do not intend that any part of these Terms and Conditions or any term of the Contract shall be enforceable by any person other than the parties.
11.4 These Terms and Conditions and the Contract are personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of MY FULL HOUSE.
- Governing Law and Jurisdiction
12.1 These Terms and Conditions and the Contract and any non-contractual obligations arising out of or in connection with them will be governed by English law.
12.2 MY FULL HOUSE and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and Conditions or the Contract (including in relation to any non-contractual obligations), except if the Hirer is a Consumer and a resident of Northern Ireland the Hirer may also bring proceedings in Northern Ireland, and if the Hirer is a resident of Scotland, the Hirer may also bring proceedings in Scotland.
13.1. MY FULL HOUSE’ liability to Hirer
If MY FULL HOUSE fails to comply with these Terms and Conditions, MY FULL HOUSE shall be responsible for loss or damage the Hirer suffers that is a foreseeable result of such breach or MY FULL HOUSE’ negligence. MY FULL HOUSE shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of MY FULL HOUSE’ breach or if it was contemplated by the Hirer and MY FULL HOUSE at the time the Contract is entered into.
13.2. Use of Equipment
13.2.1 MY FULL HOUSE hires the Equipment to the Hirer on the basis that the Equipment is used only for private or non-commercial use. The Hirer must not use the Equipment for commercial purposes, and MY FULL HOUSE shall have no liability to the Hirer whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.2.2 MY FULL HOUSE does not in any way exclude or limit its liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) any breach arising under Section 2(3) of the Consumer Protection Act 1987; or
(f) any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, its liability.
13.3. Automatic Cancellation of Contract
Subject to MY FULL HOUSE’ and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed xx months, after which time the relevant Contract shall automatically end.
13.4. The Hirer’s Rights to Cancel
13 4.1 The Hirer may cancel any Order for Services at any time before the Hire Period starts by sending written notice to MY FULL HOUSE to the following address My Full House Ltd, The reading room, Main Road, Easter Compton, BS35 5SJ or email: email@example.com.
13.4.2 Where the Hirer cancels an Order because of MY FULL HOUSE’ failure to comply with these Terms and Conditions (except where MY FULL HOUSE has been affected by an Event Outside MY FULL HOUSE’ Control), the Hirer does not have to make any payment to MY FULL HOUSE.
13.4.3 If the Hirer cancels an Order under clause 13.4.1. and the Hirer has made any payment in advance for Services that have not been provided to the Hirer, MY FULL HOUSE will refund these amounts.
13.4.4 If MY FULL HOUSE has already started work on the Order and the Hirer cancels such Order under clause 13.4.1. then MY FULL HOUSE will be entitled to charge the Hirer any costs MY FULL HOUSE reasonably incurred in starting to fulfil the Order. This charge may be deducted from any refund that is due to the Hirer under clause 13.4.3 or, if no refund is due to the Hirer, invoiced to Hirer. MY FULL HOUSE will advise the Hirer of the costs incurred when the Hirer cancels an Order.
13.4.5 At any time after delivery of an Order the Hirer may cancel the Services by providing MY FULL HOUSE with at least 5 Business Days’ notice in writing. MY FULL HOUSE will thereafter refund any advance payment the Hirer has made for Services that have not been provided.
13.4.6 Once the Equipment has been delivered to the Site, the Hirer may cancel the Contract with immediate effect by giving MY FULL HOUSE written notice if:
(a) MY FULL HOUSE breaches the Contract in any material way and does not correct or fix the situation within 14 days of receiving written notice from the Hirer, requesting that the situation be remedied. Any such notice should be sent to MY FULL HOUSE to the following address My Full House Ltd, The reading room, Main Road, Easter Compton, BS35 5SJ or email: firstname.lastname@example.org;
(b) MY FULL HOUSE goes into liquidation or a receiver or an administrator is appointed over its assets;
(c) MY FULL HOUSE changes these Terms and Conditions under clause 10 of Part A; or
(d) MY FULL HOUSE is affected by an Event Outside MY FULL HOUSE’ Control.
13.5. MY FULL HOUSE’ Rights to Cancel
13.5.1 MY FULL HOUSE may have to cancel an Order before the start date of _______________ for the Services, due to an Event Outside MY FULL HOUSE’ Control or the unavailability key personnel, the Equipment or other equipment without which MY FULL HOUSE cannot provide the Services. If this happens:
(a) MY FULL HOUSE will promptly inform the Hirer;
(b) if the Hirer has made any payment in advance for Services that have not been provided to the Hirer, MY FULL HOUSE will refund these amounts to the Hirer; and
(c) where MY FULL HOUSE has already started work on the Order for Services, MY FULL HOUSE will not charge the Hirer anything and the Hirer will not have to make any payment to MY FULL HOUSE.
13.5.2 Once MY FULL HOUSE has begun to provide the Services to the Hirer, MY FULL HOUSE may cancel the Contract at any time by providing the Hirer with at least 5 Business Days’ notice in writing. If the Hirer has made any payment in advance for Services that have not been provided to the Hirer, MY FULL HOUSE will refund these amounts to the Hirer.
13.5.3 MY FULL HOUSE may cancel the Contract at any time with immediate effect by giving the Hirer written notice if:
(a) the Hirer does not pay MY FULL HOUSE when the Hirer is supposed to as set out in clause 7 of Part A. This does not affect MY FULL HOUSE’ right to charge the Hirer interest under clause 7 of Part A; or
(b) the Hirer breaks the Contract in any other material way and does not correct or fix the situation within 10 Business Days of MY FULL HOUSE asking the Hirer to in writing.
13.6. Cancellation for Bankruptcy
B 6.1 MY FULL HOUSE may, immediately on giving written notice to the Hirer, terminate the Contract if the Hirer becomes bankrupt and the Hirer shall notify the MY FULL HOUSE immediately upon becoming bankrupt.
13.6.2 The Hirer may, immediately on giving written notice to MY FULL HOUSE, terminate the Contract if MY FULL HOUSE becomes insolvent and MY FULL HOUSE shall notify the Hirer immediately upon becoming insolvent.
If MY FULL HOUSE has to revise these Terms and Conditions during the term of the Contract, MY FULL HOUSE will give the Hirer at least one month’s written notice of any changes to these Terms and Conditions before they take effect. The Hirer can choose to cancel the Contract, before the changes come into effect by sending written notice to MY FULL HOUSE to the following address My Full House Ltd, The reading room, Main Road, Easter Compton,