Hire Agreement

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A.            to the hire of WatchPAT Home Sleep Test by Best Nights Sleep Ltd., trading as Apnoea Check a Private Limited Company, registered in England under number 10520947, whose registered address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY and whose main trading address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY.

B.            where You are hiring WatchPAT Home Sleep Test as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

1.            Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 “Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Business Day”

means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

Consumer”

means  a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires WatchPAT Home Sleep Test for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Contract”

means the contract for the hire of the WatchPAT Home Sleep Test by You from Us, as explained in Clause 3;

“Deposit”

means the sum payable at the time of Your Order that is required to secure your Order;

WatchPAT Home Sleep Test

means A wrist-worn portable diagnostic device that enables accurate assessment of sleep disordered breathing equipped with a finger probe, snoring and body position sensor supplied by Us and hired by You subject to these Terms and Conditions;

“Hire Period”

means the period for which You will hire the WatchPAT Home Sleep Test;

“Month”

means a calendar month;

“Price”

means the total price payable for the hire of the WatchPAT Home Sleep Test;

“Order”

means Your order for the WatchPAT Home Sleep Test;

“Order Confirmation”

means Our acceptance and confirmation of Your Order as described in Clause 3;

“Security Deposit”

means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the WatchPAT Home Sleep Test;

“We/Us/Our”

means Best Nights Sleep Ltd. a Private Limited Company, registered in England under number 10520947, whose registered address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY and whose main trading address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY.

“You”

means you, the hirer of the WatchPAT Home Sleep Test.

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.

1.3          Each reference the singular number shall include the plural and vice versa where appropriate.

2.            Information About Us

2.1          Best Nights Sleep Ltd. a Private Limited Company, registered in England under number 10520947, whose registered address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY and whose main trading address is Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY.  

2.2          Our VAT number is GB295780060.

3.            The Contract

3.1          These Terms and Conditions govern the hire of WatchPAT Home Sleep Test from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2          Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3          A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment. Order Confirmations will be provided in writing following completion and submission of all forms.

4.            WatchPAT Home Sleep Test Details

4.1          We use all reasonable endeavours to ensure that WatchPAT Home Sleep Test are regularly maintained, cleaned and safety checked, and/or replaced as necessary.

4.2          We will advise You in writing within 1 week of your results.

5.            Your Order and Rules of Hire

5.1          When making Your Order, You will be required to supply the following information:

5.1.1     Full name and address for Invoice and delivery;

5.1.2     Submission of Consent Form including Dr’s name and address;

5.1.3     Submission of Sleep Questionnaire;

5.2          The following rules apply to Your hire and use of WatchPAT Home Sleep Test:

5.2.1     The answers to the questions provided will be for the same person taking the WatchPAT Home Sleep Test to the ‘true and best of knowledge’;

5.2.2     All information provided will be to the ‘true and best of knowledge’.

6.            Hire Period

6.1          The Hire Period will be confirmed as the date you receive Our Order Confirmation following successful completion of all forms.

6.2          Unless it is expressly stated otherwise, the Hire Period begins at 11:59 pm on the first day of the Hire period and ends at 11:59 pm on the final day of the Hire Period.

6.3          Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 2 business days.

6.4          You may extend the Hire Period by contacting Us via e-mail. Extended Hire Periods shall be charged at Our normal bi-daily rate for every additional 2 days required.

7.            Fees and Payment

7.1          When placing Your Order, You will not be required to pay a Deposit to secure your Order for hire.

7.2          The Price for the WatchPAT Home Sleep Test will be that shown on Our Website current at the time of Your Order.

7.3          We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

7.4          Full payment should be made when You order the WatchPAT Home Sleep Test online and the Hire Period will commence the day it is despatched to You.

7.5          Any Payment due under clause 10 of this agreement are required in full within one month.

7.6          All Prices include VAT at 20%. If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.

8.            Cancellation

8.1          You may cancel Your Order at any time before the start of the Hire Period subject to the following:

8.1.1     For Orders cancelled before the start of the Hire Period (before they have been despatched), there will be no charge and Your Payment will be refunded in full.

8.1.2     For Orders cancelled after the start of the Hire Period (once they have been despatched), We will retain Your Payment in full.

8.2          We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

9.            Collection, Hire and Return

9.1          The Hire Period begins at 11.59 pm on the date stated in the Order Confirmation. This is the time from which the WatchPAT Home Sleep Test will be in transit to you. 

9.2          You should check the WatchPAT Home Sleep Test at the time of receipt. If there are any items missing or if there is any visible damage to the WatchPAT Home Sleep Test, You should inform Us immediately, before use. We will use all reasonable endeavours to replace missing items or damaged WatchPAT Home Sleep Test.

9.3          We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. We are also required to set up the goods correctly and, for the purposes of this Clause 9, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the WatchPAT Home Sleep Test during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the WatchPAT Home Sleep Test. If We are unable to replace or repair the WatchPAT Home Sleep Test, we will offer you a full refund. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.

9.4          The Hire Period ends at 11:59 pm two days after the date stated in the Order Confirmation. Any WatchPAT Home Sleep Test returned late will incur an excess charge of the price for the two day hire of the WatchPAT Home Sleep Test shown on our website current at the time of your order per two days (with the first day taking effect after 11:59 pm two days after the date stated in the Order Confirmation.) WatchPAT Home Sleep Test may be returned early, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.

10.         Loss and Damage

10.1       You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to WatchPAT Home Sleep Test including and not limited to; malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use or for failing to return WatchPAT Home Sleep Test

10.2       You will be required to pay an excess sum of £3000 GBP for any charges due under this Clause 10 within one month of return or non-return of WatchPAT Home Sleep Test.

10.3       You will not be responsible for any pre-existing damage to WatchPAT Home Sleep Test that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3

10.4       Full details of all charges are available on request.

11.         Our Liability

11.1       We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

11.2       In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

11.3       Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4       Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact your local Citizens Advice Bureau or Trading Standards Office.

12.         Events Outside of Our Control (Force Majeure)

12.1       We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2       If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1  We will inform You as soon as is reasonably possible;

12.2.2  We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

12.2.3  If the event outside of Our control continues for more than one month We will cancel the Contract and inform You of the cancellation in writing;

12.2.4  If an event outside of Our control continues for more than one month and You wish to cancel the Contract, You may do so by informing us in writing;

12.2.5  If the Contract is cancelled under this Clause 12 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.

13.         Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us in person by email at hello@apnoeacheck.com by, telephone at 0161 505 0912, or by pre-paid post at Best Nights Sleep Ltd., trading as Apnoea Check, Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY.

14.         Complaints and Feedback

14.1       We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

14.2       All complaints are handled in accordance with Our complaints handling policy and procedure, available on request from hello@apnoeacheck.com.

14.3       If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the WatchPAT Home Sleep Test, please contact Us in one of the following ways:

14.3.1  By email, addressed to Apnoea Check Customer Services, hello@apnoeacheck.com;

14.3.2  In writing, addressed to Apnoea Check Customer Services, Castleton Works, Atlantic Street, Broadheath, Altrincham, Cheshire. WA14 5BY;

14.3.3  By contacting Us by telephone on 0161 505 0912.

15.         How We Use Your Personal Information (Data Protection)

15.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

15.2       For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy available.

16.         Other Important Terms

16.1       We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

16.2       You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.3       The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

16.4       If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

16.5       No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

17.         Governing Law and Jurisdiction

17.1       These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

17.2       As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3       Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.