Warehouse Fitness Limited

Terms & Conditions for Commercial Equipment Hire

1. Definitions

The following definitions shall apply in this Agreement:

•  “Contract” means the contract between Warehouse Fitness Limited (the “Owner”) and the Hirer for the hire of fitness equipment.
• “Data Protection Legislation” means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
• “Equipment” means the fitness equipment provided to the Hirer under the Contract and delivered to the Hirer, as detailed on the Order Form.
• “Warehouse Fitness Limited” is hereinafter referred to as the “Owner”.
• “Order Form” means the order form to which these terms are appended.
• “Rental Fee” means the amount payable by the Hirer to the Owner for the hire of the Equipment for periods of one (1) calendar week.
• “Rental” is the provision of the Equipment by the Owner to the Hirer for business use for an agreed period and at an agreed cost, subject to the terms and conditions set out below.

2. Rental Period

2.1 The Contract shall commence on the day of delivery of the Equipment and shall terminate on the day of collection of the Equipment.
2.2 Rental will be charged every 4 weeks of hire.
2.3 The minimum period of Rental is eight calendar weeks, unless otherwise agreed in writing.
2.4 The Equipment is hired under the terms and conditions set out in this document and on the Order Form.
2.5 If more than one item of Equipment is hired, the Rental Fee for each item bears the same proportion to the total Rental Fee as its value bears to the total Equipment value. The Owner shall not be obliged to make the Equipment available until the Hirer’s right to cancel the Contract has expired, if applicable.
2.6 The Hirer acknowledges that the Equipment is hired for commercial or professional use and not for personal home use.

3. Rental Charges

3.1 The Rental Fee shall be payable in advance for periods of 4 weeks or such shorter period as the Owner may agree.
3.2 If the Hirer does not make the Equipment available for collection on termination of the Contract, the Hirer shall be responsible for the Rental Fee until the Equipment is collected by the Owner. If the Equipment is made available before the end of the agreed rental period, the Owner may charge the full or a proportionate Rental Fee as deemed appropriate.
3.3 The Owner may vary the Rental Fee after the minimum rental period with not less than four (4) weeks’ written notice.
3.4 The Rental Fee does not include VAT.
3.5 On termination, the final Rental Fee will include all complete and incomplete weeks hired.

4. Payment

4.1 Following the Advance Rental Fee, subsequent Rental Fees shall be paid by the Hirer as detailed in the Order Form.
4.2 Renewal payment must be made on time. Late payment may result in immediate suspension or termination of hire.
4.3 The Owner reserves the right to charge interest on overdue Rental Fees at 4% per year above the FHBR and an administration fee of £50 per late payment.
4.4 All payments must be made directly to the Owner without demand and with no prior deductions.

5. References

The Owner may, at its discretion, request business references, proof of trading, and proof of identity prior to accepting any order.

6. Acceptance

6.1 The Hirer must ensure the Equipment corresponds to the Order Form and is in working order. Any defects must be reported within one working day of delivery. Failure to do so renders the Hirer responsible for the Rental Fee until notification.
6.2 The Owner shall not be liable for defects except where resulting from its negligence, including that of its employees.
6.3 No representation regarding the Equipment or hire may be made on behalf of the Owner other than by its employees.
6.4 The Hirer authorises the Owner to store payment card details and charge for any damage, loss, or missing parts caused through the Hirer’s negligence.

7. Suitability

The Hirer is responsible for ensuring the Equipment is suitable for professional/commercial use. The Owner shall not be liable to the Hirer or third parties in this regard.

8. Substitution

The Owner may substitute Equipment with an alternative of equal or higher specification. The Hirer may not substitute any Equipment on termination of the Contract.

9. Responsibilities of Hirer

9.1 The Hirer confirms that all staff or clients using the Equipment are adequately trained in its safe use.
9.2 The Hirer shall use the Equipment safely and responsibly.
9.3 The Hirer indemnifies the Owner against all claims, losses, or damages arising from professional or business use of the Equipment, except in cases of death or personal injury caused by Owner negligence.
9.4 The Owner shall not be liable for consequential losses caused by late delivery, collection, unsuitability, breakdown, or failure of the Equipment.
9.5 Equipment must not be used by anyone under 16 years of age.
9.6 The Hirer shall not sell, assign, mortgage, charge, or sublet the Equipment.

10. Insurance

10.1 The Hirer must insure the Equipment under a comprehensive commercial policy to full replacement value, with the Owner’s interest noted.
10.2 Evidence of insurance must be provided on demand.
10.3 The Hirer shall promptly notify the Owner and insurers of any loss or damage and hold insurance monies in trust for the Owner.
10.4 The Owner may negotiate insurance claims and apply proceeds to repair, replacement, or compensation for loss.
10.5 Any shortfall must be paid by the Hirer on demand.

11. Conditions & Warranties

The Hirer is entitled to any transferable conditions or warranties from suppliers or manufacturers. Except as expressly provided, the Owner excludes all other conditions, warranties, or terms, including:
11.1 Any condition that Equipment will correspond with its description;
11.2 Any condition of satisfactory quality;
11.3 Any condition of fitness for a particular purpose;
11.4 Any condition that bulk equipment corresponds with a sample.

12. Equipment Location

12.1 Equipment must remain at the delivery address and may only be relocated with prior written consent.
12.2 The Owner may access Equipment to inspect, maintain, replace, or remove it with reasonable notice.

13. Modification to Equipment

The Equipment shall not be altered, modified, or repaired by the Hirer. Doing so renders the Hirer liable for full replacement cost.

14. Care of Equipment

14.1 The Hirer shall maintain Equipment in good and clean condition, following manufacturer instructions.
14.2 Costs for rectifying damage or cleaning caused by misuse will be charged to the Hirer.
14.3 A charge of up to £50 may be applied if Equipment is returned in an unsatisfactory condition.
14.4 The Hirer is responsible for loss or damage to the Equipment and must replace or repair as directed.
14.5 Any loss or damage must be reported immediately.
14.6 The Owner may charge the Hirer’s stored payment details to cover costs due to misuse.

15. Maintenance

15.1 The Owner will repair or replace faulty Equipment at no charge if not caused by Hirer misuse. Costs from Hirer misuse will be charged.
15.2 Hirers are responsible for minor adjustments (e.g., seat, belt, handlebar alignment) as instructed. Charges of up to £50 may apply for support visits.
15.3 Hirers shall not pledge the Owner’s credit or permit liens on the Equipment.

16. Default

The Owner may terminate the Contract if the Hirer breaches any provision, upon which the Owner may recover Equipment and any losses.

17. Termination by the Hirer

17.1 The Hirer may terminate after the minimum contract period with written notice as agreed in the Contract.
17.2 Early termination requires written agreement; the Owner may charge Rental Fees due for the remaining term, plus administrative costs.

18. Termination by the Owner

18.1 The Owner may terminate the Contract if the Hirer is in breach or default.
18.2 The Owner may terminate with 7 days’ written notice at its sole discretion.

19. Return of Equipment

The Owner will collect Equipment at the Hirer’s expense according to the delivery/collection policy. Costs due to Hirer delay will be charged.

20. Liability

20.1 The Hirer acknowledges the Owner is not the original manufacturer. All implied warranties are excluded to the fullest extent permitted by law.
20.2 The Owner is not responsible for advising on exercise or health; Hirers must ensure staff or clients are competent to use the Equipment.
20.3 The Hirer assumes all risk from professional use.
20.4 The Hirer shall pay all costs for repossession of Equipment.

21. Ownership

21.1 Equipment remains the property of the Owner and may not be sold, pledged, or otherwise disposed of.
21.2 The Hirer is responsible for damage if Equipment is affixed to property.
21.3 If Equipment becomes a fixture by law, the Hirer must acknowledge Owner ownership for cost allowances.

22. Hirer Insolvency

The Hirer must not enter into bankruptcy or insolvency procedures or arrangements with creditors.

23. Notice

Notice is valid if sent by prepaid letter or telex to the last known address of the recipient.

24. Law and Jurisdiction

This Contract is governed by English Law. The parties submit to the exclusive jurisdiction of the English Courts.

25. Delivery & Collection

25.1 Delivery/collection times are indicative; Equipment will be delivered Monday–Sunday, 09:00–16:00.
25.2 Collection will occur within ten days after termination/expiry.
25.3 The Owner is not liable for damage during delivery, collection, or installation.
25.4 Cancellations with less than 24 hours’ notice or missed appointments incur a £50 fee.
25.5 Additional fees may apply for non-standard delivery/collection times.

26. Validity of Conditions

Invalidity of any term does not affect remaining terms.

27. Data Protection & Disclosure of Your Information

27.1 The Owner may use Hirer information for contract assessment, credit checks, fraud prevention, and account administration.
27.2 Data may be shared with credit agencies, insurers, or advisers.
27.3 Data may be used for market research or to provide information on Owner products; Hirers may opt out in writing.
27.4 Both parties will comply with Data Protection Legislation.
27.5 The Hirer must ensure appropriate consents are in place for data transfer.
27.6 Telephone calls may be monitored or recorded for security and training.