Red Rose Telecom Ltd - Rental Conditions
1. Agreement for Rental
1.1 Terms used in these Conditions which are defined in the Confirmation of Order shall be construed accordingly.
1.2 The terms set out in these Conditions and in the Confirmation of Order (together the "Agreement") shall apply to the rental of the Equipment by
Red Rose Telecom Ltd to the Customer to the exclusion of any other terms and conditions.
1.3 Reference to any statute includes any modification consolidation or re-enactment.
1.4 Any reference in the Confirmation of Order or these Conditions to “month” means a period of 28 days.
2. Commencement of Rental
2.1 Red Rose Telecom Ltd will deliver the Equipment at Red Rose Telecom Ltd's risk to the Customer at the address shown on the Confirmation of
Order. The Commencement Date shall be as set out on the Confirmation of Order.
2.2 The Rental Period is the period from the Commencement Date until the date on which the Customer returns the Equipment in accordance with
Condition 10.1 and the Rental Period will be at least the Minimum Period set out on the Rental Quote, (if applicable).
2.3 Risk of damage to or loss of the Equipment, howsoever caused, will pass to the Customer upon delivery.
2.4 Red Rose Telecom Ltd will use all reasonable endeavours to deliver the Equipment on the Commencement Date but will have no liability to the
Customer for any delay caused by circumstances beyond Red Rose Telecom Ltd's reasonable control.
2.5 The Customer will accept the Equipment on the Commencement Date and if for any reason the Customer fails to accept the Equipment on that
date the Customer shall nevertheless be liable for Red Rose Telecom Ltd’s costs associated with the loss of rental, delivery and return costs unless
the Customer's failure is due to the negligent act or omission of Red Rose Telecom Ltd.
3. Charges
3.1 The Rental Charges, the Call Charges and any other sums due to Red Rose Telecom Ltd (the "Charges") are payable within 14 days of the invoice
date;
3.1.1 in the case of Customers who pay by credit card, every 14 days starting 14 days after the Commencement Date and in all other cases every 28
days; or (if sooner)
3.1.2 at the end of the Rental Period; or
3.1.3 in the case of Customers who pay by credit card, when the value of unpaid accumulated Call Charges (excluding VAT) exceeds £50 Sterling or
equivalent.
3.2 The Customer will pay the Charges from the time rental commences until:
(a) the Equipment is returned in accordance with these Conditions; or
(b) Red Rose Telecom Ltd receives notification from the Customer that the Equipment is lost or stolen.
3.3 If Red Rose Telecom Ltd does not receive all the details of Charges from third party networks before the end of the Rental Period, Red Rose
Telecom Ltd may either deduct the Charges from the Deposit, or (if the Customer's Deposit has been returned), Red Rose Telecom Ltd may deduct
the Charges from the Customer's credit card.
3.4 If Call Charges are increased the Customer may terminate the Agreement upon giving Red Rose Telecom Ltd 48 hours notice but termination will
not take effect until Red Rose Telecom Ltd has received the Equipment from the Customer.
3.5 Red Rose Telecom Ltd shall be entitled to charge interest on any overdue amounts at the rate set out from time to time in the Late Payments of
Commercial Debts (Interest) Act 1998, interest to accrue on a daily basis.
3.6 All Charges will be subject to VAT and any other government taxes or duties as applicable.
4. Deposit
4.1 When payment is to be made by credit card the Customer will pay the Deposit to Red Rose Telecom Ltd and no Equipment will be dispatched until
the Deposit is received. Red Rose Telecom Ltd will hold the Deposit as security for the Equipment and Charges.
4.2 Red Rose Telecom Ltd may at any time during the Rental Period require an increase to the Deposit if the Customer's usage is such that Red Rose
Telecom Ltd reasonably believes the Deposit is likely to be exceeded by the Charges.
4.3 Red Rose Telecom Ltd will repay the Deposit to the Customer provided all the Equipment is returned to Red Rose Telecom Ltd in the same state
as when delivered, fair wear and tear excepted, and any outstanding Charges are paid subject to Condition 4.4. Red Rose Telecom Ltd will continue to
hold the Deposit or a part of the Deposit until Red Rose Telecom Ltd is reasonably satisfied that all billing information has been received and all
Charges have been paid.
4.4 If the Equipment is not returned in accordance with these Conditions or any outstanding Charges remain unpaid then Red Rose Telecom Ltd may
retain some or all of the Deposit (without prejudice to any other right or remedy it may have against the Customer).
5. Use of Equipment
5.1 On delivery Red Rose Telecom Ltd will provide an instruction leaflet on the use of the Equipment to the Customer. The Customer will only use the
Equipment in a careful and proper manner in accordance with the instructions provided.
5.2 The Customer is not authorised to act as Red Rose Telecom Ltd's agent and the Customer will, at all times, remain liable for any use of the
Equipment by any third parties.
6. Notification
6.1 If the Equipment is not in working order when delivered or subsequently breaks down the Customer will notify Red Rose Telecom Ltd immediately.
6.2 Red Rose Telecom Ltd will repair or replace the Equipment as soon as possible after the Customer notifies Red Rose Telecom Ltd and will credit
the Customer with the full cost of rental for the period in which the Customer is unable to use the Equipment as the result of the fault (provided the
breakdown is not due to misuse by the Customer).
6.3 If Red Rose Telecom Ltd finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery
of the replacement Equipment.
6.4 The Customer must notify Red Rose Telecom Ltd immediately if the Equipment is damaged, lost or stolen.
7. Optional Theft and Loss Protection
7.1 This Condition will only apply if a Customer has paid for the Theft & Loss Protection option and any of the Equipment is not returned to Red Rose
Telecom Ltd in accordance with these Conditions due to theft or accidental loss or damage.
7.2 If this Condition applies then the Customer will not be liable to pay Red Rose Telecom Ltd more than the current excess applicable to the particular
item of Equipment in question. Full details of Equipment excesses are set out in the Rental Quote.
8 Liability
8.1 Red Rose Telecom Ltd warrants that the Equipment will be in working order when it is delivered to the Customer but Red Rose Telecom Ltd has no
control over the operation of the telephone network to which it is connected or the security of information transmitted on the Equipment and
accordingly cannot be responsible for any failures of the telephone network or security breaches.
8.2 In the case of handset only rentals;
(a) the Customer must check coverage with their Service Provider; and
(b) Red Rose Telecom Ltd will not refund monies paid by the Customer due to lack of coverage.
8.3 Red Rose Telecom Ltd’s entire liability to the Customer, whether in contract, tort or otherwise, shall be limited to the total of the Rental Charges
actually paid to Red Rose Telecom Ltd at the date the claim arose.
8.4 Nothing in this Condition 8 shall apply so as to limit or exclude Red Rose Telecom Ltd’s liability for:
(a) death or personal injury resulting from Red Rose Telecom Ltd’s negligence;
(b) breach of the terms as to title, freedom from encumbrance or quiet possession implied by the Sale of Goods Act 1979 or the Supply of Goods and
Services Act 1982;
(c) any claim arising under the Consumer Protection Act 1987;
(d) fraudulent misrepresentation; or
(e) where the customer is a “Consumer” within the terms of the Unfair Contract Terms Act 1977, breach of any terms implied by the Supply of Goods
and Services Act 1982
8.5 Red Rose Telecom Ltd shall not be liable to the Customer for any breach of its obligations under this Agreement, in tort or otherwise if such breach
is caused by circumstances beyond its reasonable control.
9. Ownership
9.1 The Equipment shall at all times remain the property of Red Rose Telecom Ltd and the Customer shall have no rights to the Equipment except to
use it in accordance with this Agreement.
9.2 Where a mobile telephone number is provided for the supply of airtime, the Customer acknowledges and agrees that it is not entitled to continued
use of the telephone number associated with the Equipment after the termination of the Rental and that the mobile telephone number will be
recovered by Red Rose Telecom Ltd at the end of the Rental and subsequently provided to another Customer.
10. Termination
10.1 Unless otherwise agreed with Red Rose Telecom Ltd the Customer shall return the Equipment to Red Rose Telecom Ltd at the Return Address to
be arranged at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer.
10.2 If the Customer commits a material breach of these Conditions, such as, but not limited to, using the Equipment in an improper manner and in
contravention of the instructions, then Red Rose Telecom Ltd may require the return of the Equipment without being obliged to repay any portion of
the Rental Charges.
10.3 Under no circumstances shall the Customer retain the Equipment under this Agreement for longer than the Rental Period without agreeing an
extension of that period with Red Rose Telecom Ltd.
10.4 Subject to Condition 7 the Customer shall pay the manufacturer's full retail price to Red Rose Telecom Ltd for any Equipment which is damaged
or not returned at the end of the Rental Period.
11. Law and Jurisdiction
11.1 This Agreement shall be governed by the Laws of England and Wales.
11.2 The courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this
Agreement.
12. General
12.1 No waiver by Red Rose Telecom Ltd of any breach of this Agreement between Red Rose Telecom Ltd and the Customer shall be considered as a
waiver of any subsequent breach of the same or of any other provision.
12.2 Red Rose Telecom Ltd may disclose details of this Agreement to any person and for any purpose connected with its business. Red Rose Telecom
Ltd may also disclose the contents of this Agreement to any credit reference agency.
12.3 The Customer acknowledges that in performance of this Agreement Red Rose Telecom Ltd may have to transfer data outside the EU and the
Customer hereby consents to such transfer.
12.4 A person who is not a party to this Agreement is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999
except where this Agreement expressly provides that such a person is entitled to enforce any of its terms under that Act.
For cost effective mobile, email and fixed line phone solutions
