Welcome to Cyclepowermeters

Terms & Conditions

Terms and Conditions

 

General

 

 1.    www.cyclepowermeters.com is a site operated by Cyclepowermeters Limited ("CPM" or "us"). Cyclepowermeters is registered in England and Wales under company number 6056893, VAT number GB901709348 and its registered office is at Cyclepowermeters Limited, 18 Arches Business Centre, Mill Road, Rugby, CV21 1QW. Cyclepowermeters trading name is Cyclepowermeters, and we sell and supply bicycle equipment and accessories in the course of our trade and business. Cyclepowermeters can be contacted in writing at the address above, by telephone on +44 (0) 1788 556860 or by e-mail here.

 2.    The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.

 3.    The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.

 4.    The "Price" shall mean the amount payable to Cyclepowermeters for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. If you select a delivery country outside the EU, prices will be displayed VAT free.

 5.    These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Cyclepowermeters. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.

 6.    We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

 

The Contract

 

 7.    After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Cyclepowermeters to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the "Dispatch Confirmation"). The contract between you and Cyclepowermeters will only be formed when we send you the Dispatch Confirmation.

 8.    The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

 

Consumer Rights

 

 9.    You may cancel your contract with us for all Goods, except for gift cards and e-gift vouchers, at any time up to the end of the 7th day from the date you receive the ordered Goods. Orders for gift cards and e-gift vouchers may be cancelled at any time up to the end of the 7th day from the date you receive the gift card or e-gift voucher. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

 10.    To cancel your contract you must notify us in writing at our head office, at Cyclepowermeters Limited, 18 Arches Business Centre, Mill Road, Rugby, CV21 1QWor by e-mail here When cancelling in writing please provide the following wording and details about your order:

I hereby give notice that I cancel my contract of sale of the following goods [details of goods], ordered on [date] and received on [date].

[Order number]

[Name of consumer]

[Address of consumer]

[Signature if possible]

[Date]

 11.    If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.

 12.    Once you have notified us that you are cancelling your contract, any sum debited to Cyclepowermeters (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.

 13.    Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.

 14.    You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 15.    For all complaints please contact the Cyclepowermeters head office using the contact details found on our contact us page

 

Cancellation by Cyclepowermeters

 

 16.    We reserve the right to cancel the contract between us if:

 

    •    We have insufficient stock to deliver the Goods you have ordered

    •    The delivery service provider does not deliver to your area

    •    One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or

    •    We have reason to suspect that there is a risk of a fraudulent transaction.

If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

Guarantees

 

 17.    All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

 

Title

 

 18.    Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.

 

Delivery

 

 19.    For orders placed by customers resident in the UK you have the option of either collection or delivery to a UK address. If you elect to have your goods delivered you can choose from free standard delivery or either next day delivery for an additional fee.

For orders placed by and delivered to customers resident outside of the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates. Some countries will benefit from free delivery on selected orders. Please refer to the 'International Delivery' section of our website (www.cyclepowermeters.com/delivery) for details of the delivery options available.

 20.    Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.

 21.    You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.

 22.    All orders are shipped from the UK and, therefore, deliveries made to countries outside the EU may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.

If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.

 

Liability

 

 23.    If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem within ten working days of the delivery of the Goods in question.

 24.    If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.

 25.    If you notify a problem to us under clause 24, our only obligation will be, at our option:

    •    to replace or repair any Goods that are damaged or defective; or

    •    to refund to you the amount paid by you for the Goods in question in whatever way we choose.

 26.    Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 26 above.

 27.    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

 28.    Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

INSTALLATION AND USE OF GOODS

 

 29.    Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

 30.    You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.

 31.    Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

 

COMPETITION GOODS

 

 32.    Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

 

PAYMENT TERMS

 

 33.    Please note that all website and mail order payments via debit or credit card or paypal are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services

 34.    Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.

 

EVENTS BEYOND OUR CONTROL

 

 35.    We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

 

THIRD PARTY RIGHTS

 

 36.    Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

 

JURISDICTION

 

 37.    These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.

 

ENTIRE AGREEMENT

 

 38.    These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

PRIVACY POLICY

 

 1.    We value your privacy and therefore do not disclose information to third parties without your express permission. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our site. For our full Privacy and Cookie Policy please click here http://www.cyclepowermeters.com/faq

 

ACCURACY

 

 1.    All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.

 2.    The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Cyclepowermeters.

 3.    Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.

 4.    Please note the Price you pay for Goods supplied by Cyclepowermeters, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:

Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.

 5.    All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

 

 

ACCEPTABLE USE POLICY

 

This acceptable use policy sets out the terms between you and us under which you may access www.cyclepowermeters.com, (hereinafter separately and collectively referred to as the “Websites”). This acceptable use policy applies to all users of, and visitors to, our websites.

 

Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.

 

Prohibited uses

 

The Websites may only be used by you for lawful purposes and may not, in any way or event, be used:

 1.    In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;

 2.    For the purpose of harming or attempting to harm minors in any way;

 3.    To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;

 4.    To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

 5.    To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

You also agree:

 6.    Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;

 7.    Not to access without authority, interfere with, damage or disrupt:

    •    any part of our site;

    •    any equipment or network on which our site is stored;

    •    any software used in the provision of our site; or

    •    any equipment or network or software owned or used by any third party.

 

Interactive services

 

We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).

When contributing to the Websites through an interactive service you must ensure that your contributions must.

 8.    Be accurate (where they state facts);

 9.    Be genuinely held (where they state opinions);

 10.    Comply with all applicable law in the UK and in any country from which they are posted.

Contributions by you to the Websites must not:

 11.    Contain any material which is defamatory of any person;

 12.    Contain any material which is obscene, offensive, hateful, or inflammatory;

 13.    Contain any sexually explicit material;

 14.    Contain, condone or promote violence;

 15.    Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 16.    Infringe any copyright, database right or trade mark of any other person;

 17.    Be likely to deceive or defraud any person;

 18.    Be unlawful (locally, nationally or internationally) in any way, or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

 19.    Contain, condone or promote any illegal activity;

 20.    Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

 21.    Be likely to harass, upset, embarrass, alarm or annoy any other person;

 22.    Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

 23.    Give the impression that they emanate from us or any of our partners, if this is not the case.

 

Copyright

 

Any material you upload to the Websites will be considered non-confidential and non-proprietary, and in uploading such material you allow us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.

 

Linking to our site

 

You may add a link to the home page of our Websites to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.

The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice. If you wish to make any use of material on our site other than that set out above, please write your request here.

 

Links from our site

 

Links on the Websites to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

Suspension and termination

 

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Websites, and may result in our taking all or any of the following actions:

 24.    Issue of a warning to you;

 25.    Immediate, temporary or permanent withdrawal of your right to use the Websites;

 26.    Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

 27.    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

 28.    Further legal action against you;

 29.    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the acceptable use policy

 

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.



Terms & Conditions
Cyclepowermeters Limited CONDITIONS FOR HIRE OF EQUIPMENT TO CONSUMERS
1 INTERPRETATION
1.1 In these conditions the following words have the following meanings:
“Contract” means the contract which incorporates these conditions and made between the Customer and the Supplier for the hire of
Equipment;
“Customer” means the person named in the Contract who is hiring the Equipment;
“Deposit” means any advance payment required by the Supplier in relation to the Equipment which is to be held as security by the Supplier;
“Equipment” means the equipment specified in the Contract which is hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Equipment on hire (including Saturdays Sundays and Bank
Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Equipment by the Customer into the
Supplier’s possession; or (ii) the physical repossession or collection of Equipment by the Supplier; or (c) the Customer pays the full
replacement cost of the Equipment in accordance with Section 3.5;
“Minimum Period” means a period of 3 months from the date on which the Customer first receives the Equipment at the beginning of the Hire
Period.
“Rental” means the Supplier’s charging rate for the hire of the Equipment which is current from time to time during the Hire Period;
“Supplier” means Cyclepowermeters Limited and will include its employees, servants, agents and/or any duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of
Equipment including any delivery and/or collection service for the Equipment.
“Working Days” means all days other than Saturday, Sunday and public holidays.
2 BASIS OF CONTRACT
2.1 The Equipment is hired subject to being available for hire to the Customer at the time required by the Customer. The Supplier will not be
liable for any loss suffered by the Customer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due
to circumstances beyond the Supplier’s control.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the
Customer acting as a consumer.
3 PAYMENT
3.1 The Customer shall pay the Deposit (if any), the Rental, and charges for any Services to the Supplier at the time and in the manner
stated in the Contract.
3.2 The Supplier’s prices are, unless otherwise stated, inclusive of any applicable VAT.
3.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made
until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. If the Customer fails to make any
payment in full on the due date the Supplier may (i) charge the Customer a collections administration fee of £[10] for each month or part
month that the Customer’s account is overdue, (ii) terminate the Contract and take such action as is necessary to recover the Equipment
and/or any sums owing, and (iii) charge the Customer the reasonable costs incurred by the Supplier in recovering unpaid sums and/or the
Equipment, including fees paid to tracing, collections, and legal agents.
3.4 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract if
allowing it to continue would result in the Customer exceeding its credit limit, or if the credit limit is already exceeded.
3.5 The Rental shall be payable up to the date on which the Equipment is returned to or repossessed by the Supplier, and shall be calculated
on a daily basis (equal to 1/7th of the weekly Rental) from the date notice of termination is given to the end of the Hire Period. If the
Customer has failed to return the Equipment within 30 days from notice of termination the Supplier may charge the Customer the full
replacement cost for the Equipment unless the Customer can provide actual proof of postage prior to that date.
3.6 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Equipment as a form of deposit,
in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
3.7 Payment of regular rental payments by credit or debit card will incur a 3% processing charge.
3.8 If paying by direct debit, please note that Cyclepowermeters Limited has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments and Eazy Collect will be shown on your bank statement.
4 RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the Equipment will pass to the Customer when they are collected or received by the Customer, unless the Customer has arranged
for delivery in which case risk in the Equipment shall pass to the Customer when they leave the physical possession or control of the
Supplier.
4.2 Risk in the Equipment will not pass back to the Supplier from the Customer until the Equipment is back in the physical possession or
control of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Equipment remains at all times with the Supplier. The Customer has no right, title or interest in the Equipment except
that it is hired to the Customer.
4.4 The Customer must not deal with the ownership or any interest in the Equipment. This includes but is not limited to selling, assigning,
mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the
Customer may re-hire the Equipment to a third party with the prior written consent of the Supplier.
4.5 The Supplier may provide reasonably priced insurance in respect of the Equipment at an additional cost to the Rental. Alternatively the
Supplier may require the Customer to insure the Equipment on such reasonable terms and for such reasonable risks as the Supplier may
specify. The proceeds of any such insurance that relate directly to the Equipment shall be held by the Customer in trust for the Supplier and
be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Equipment and/or any associated
insurance without the Supplier’s written consent.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Equipment from the Supplier and return them to the Supplier at the end of the Hire
Period. If the Supplier agrees to deliver or collect the Equipment to and/or from the Customer it will do so at its standard delivery cost and
such delivery and/or collection will form part of the Services. Any delivery date quoted by the Supplier will be an estimate only and is neither
guaranteed nor an essential term or condition of this Contract.
5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer
instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction,
guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following
the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
5.3 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will
be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where
the Customer is acting as a consumer and the delay is due to a Force Majeure event.
6 CARE OF EQUIPMENT
6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them and shall take
reasonable care of the Equipment and only use them for their proper purpose in a safe and correct manner in accordance with any operating
and/or safety instructions provided or supplied to the Customer;
6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Equipment;
6.1.3 take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Equipment;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Equipment including procuring access to any
property where the Equipment is situated;
6.1.6 keep the Equipment at all times in its possession and control and not to remove the Equipment from the country where the Customer is
located and/or the country where the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any
legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any
Services;
6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related
to the Equipment;
6.1.9 not continue to use the Equipment where it has been damaged and will notify the Supplier immediately if the Equipment is involved in
an accident resulting in damage to the Equipment, other property and/or injury to any person; and
6.2 The Equipment must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean
condition together with all user manuals relating to the Equipment.
7 FAULTY EQUIPMENT
7.1 The Customer must not repair or attempt to repair the Equipment.
7.2 It is the Customer’s responsibility to inspect the Equipment immediately upon receipt and inform the Supplier of any damage or faults.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Equipment during the Hire Period and all repairs
which are required due to fair wear and tear and/or an inherent fault in the Equipment. The Supplier may at its option choose to replace the
Equipment if the cost of repair is not economically viable.
7.4 The Supplier shall not be liable repair or replace the Equipment in the event of a fault that is caused by the Customer, including but not
limited to the Customer’s failure to use the Equipment in accordance with the operating instructions supplied with it or the Customer’s failure
to comply with any instructions given to it by the Supplier.
7.5 If the Equipment is unusable due to an inherent fault the Customer will be granted a Rental credit in respect of the period between the
date on which it notifies the Supplier of the fault and the date of repair or replacement.
8 LOSS OR DAMAGE TO THE EQUIPMENT
8.1 If the Equipment is returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in
the Equipment the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Equipment to
a condition fit for re-hire.
8.2 The Customer will pay to the Supplier the replacement cost of any Equipment which are lost, stolen and/or damaged beyond economic
repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with this Contract.
8.3 The Customer shall pay the Rental for the Equipment up to and including the date it notifies the Supplier that the Equipment have been
lost, stolen and/or damaged beyond economic repair.
9 TERMINATION
9.1 The Customer shall have the right to cancel the Contract without penalty by giving written notice to the Supplier within 7 Working Days of
the date on which the Customer receives the Equipment. If the Customer gives notice to cancel under this Section 9.1 it shall receive a full
refund of any sums paid in advance within 7 days of the date on which the Supplier regains possession or control of the Equipment.
9.2 Subject to the Customer’s right to cancel Section 9.1 and the provisions of Section 10, either the Customer or the Supplier may terminate
this Contract on 14 days’ written notice expiring at the end of, or at any time after, the Minimum Period.
9.3 Notwithstanding notice of termination from Customer, the Hire Period will only end when the Equipment is returned to or repossessed by
the Supplier, or the Customer pays the full replacement cost of the Equipment in accordance with Section 3.5.
10 DEFAULT
10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of
receiving notice requiring the breach to be remedied;
10.1.3 is rude, abusive or threatening to the Supplier’s directors or employees;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Equipment or proposes to compound with its creditors, creates a trust deed
for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal
process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer
takes or suffers any similar action in any jurisdiction;
10.1.6 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the
Contract; and/or
10.1.7 appears reasonably to the Supplier to be about to suffer any of the above events
then the Supplier may immediately cancel, terminate and/or suspend the Contract by written notice to the Customer.
10.3 Any repossession of the Equipment shall not affect the Supplier’s right to recover from the Customer any monies due under the
Contract.
10.4 Upon termination of the Contract the Customer shall immediately:
10.4.1 return the Equipment to the Supplier or make the Equipment available for collection by the Supplier as requested by the Supplier; and
10.4.2 pay to the Supplier all arrears of Rentals and Charges for any Services.
11 GENERAL
11.1 Upon termination of the Contract the provisions of Sections 3, 4, 6 and 8 shall continue in full force and effect.
11.2 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance
company with whom the Supplier has an outstanding finance agreement relating to the Equipment. Such finance company shall, subject to
the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier.
11.3 This Contract is governed by and interpreted in accordance with English law and the English courts have exclusive jurisdiction in
relation to any dispute arising out of or in connection with this Contract.
© Cyclepowermeters Limited, September 2009

 


Returns Policy
 
Please contact us if you would like to return any unwanted or unsuitable products. We will provide an exchange or refund, whichever you prefer. You should cancel your order within 7 working days of delivery of the item. Items should be returned, preferably with the original packaging, within 30 days. Please note that it is your responsibility to pay for the return postage costs. Your statutory rights are not affected..
 
Right to Cancel
 
The Consumer Protection (Distance Selling) Regulations 2000 which came into force on 31 October 2000 provide statutory backing for the good business practices which Cyclepowermeters already observe. The regulations allow a consumer to return any products (except custom orders) ordered by mail / phone / fax or internet from Cyclepowermeters Ltd within seven working days (starting the day after delivery) for a full refund.
 
Warranty Policy
 
We guarantee every product we sell. If you have a problem we will do our best to sort it out. Most items carry a one year warranty and certain items come with more, so check the literature supplied to see what terms apply. We will generally replace defective merchandise within the first 30 days and repair or replace at our discretion after then. Some manufacturers ask that you deal direct with them for warranty issues so it is important that you contact us prior to returning any products. You will be responsible for the return postage costs.