TERMS & CONDITIONS
TERMS AND CONDITIONS FOR SUPPLY OF HIRE OF PREMISES AND EQUIPMENT
Part A: General Terms and Conditions applying to Consumers;
Part B: Terms applying only to Consumers; and
A “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
BEFORE PLACING A BOOKING, THE HIRER SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE BOOKING.
WHERE THE HIRER IS A CONSUMER, THE HIRER’S ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING U FIX AUTOS’ LIABILITY TO THE HIRER AND CANCELLATION SET OUT IN PART B.
GENERAL TERMS AND CONDITIONS APPLYING TO THE CONSUMER
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 book 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 B 4.1, B 4.5 or B 6.2 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, U FIX Autos 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 U FIX Autos 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 8;
“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 8;
“Equipment” means the items of equipment to be hired by the Hirer as listed in the Booking, 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 U FIX Autos’ Control” means any act or event beyond U FIX Autos’ 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 Building, Equipment and Tools in respect of each Contract as set out in the Booking if not cancelled earlier in accordance with the applicable Cancellation Clause;
“Hirer” means the Consumer or Trader set out as such in the Contract;
“U FIX Autos” means the relevant U FIX Autos company set out in the Contract;
“Booking” means the individual Bookings for the hire of Equipment placed by the Hirer from time to time during the Term in accordance with clause 4;
“Booking Acknowledgement” U FIX Autos’ written acceptance of the Booking;
“Premises” means the building in which the auto repairs will be taking place;
“Repairs” relates to the building, equipment and tools;
“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 U FIX Autos covering the cost to U FIX Autos of administering the replacement, notified to the Hirer at the point of hire;
“Services” means the hire of Equipment by U FIX Autos to the Hirer;
“Site” means the Hirer’s primary business premises unless specified otherwise in the Contract or in a Booking or any other premises at which the Equipment is located;
“Term” has the meaning give to it in clause 3.2;
“Tools” relates to the supply of all U Fix Autos tools supplied to the customer during the repair of vehicles / motorcycles within the premises;
“Terms and Conditions” mean these terms and conditions that apply to an individual Booking;
“Working Hours” are 24/7 unless specified otherwise in writing by U FIX Autos.
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) in 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.
2. Information about U FIX Autos and contacting U FIX Autos
2.1 The name and address of U FIX Autos from which the Equipment will be hired is set out in the Contract.
2.2 If the Hirer has any questions or if the Hirer has any complaints, please contact U FIX Autos. U FIX Autos can be contacted by telephone on 07745360581 or by e-mailing firstname.lastname@example.org.
3. 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 creation of an Account (in the case of a Trader) or the placing of an Booking by the Hirer and the acceptance of such Booking by U FIX Autos 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 and shall continue until the Cancellation Date (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 Booking 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 U FIX Autos and the Hirer for the provision of Services set out in the Booking when U FIX Autos confirm their acceptance of the Booking by issuing an Acknowledgement and receipt to the Hirer.
4.3 The placing of any Booking 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 Booking will create a new Booking.
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 Booking 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 U FIX Autos to accept any Booking placed by the Hirer. U FIX Autos reserves the right to refuse to hire Equipment to the Hirer for any reason whatsoever at its sole discretion.
5. The Equipment
Right to Equipment
5.1 The Hirer acknowledges that the Equipment remains at all times the property of U FIX Autos (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 and remain within the premises of U FIX Autos. The Hirer grants, and will ensure that the owner of any third party premises grants, U FIX Autos, its agents, employees and sub-contractors an irrevocable licence at any time to enter the premises where the Equipment is or may be stored. The rights granted in this clause 5.3 are without prejudice to any rights and remedies which may have accrued to U FIX Autos up to and including the Cancellation Date.
5.4 U FIX Autos 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 U FIX Autos 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 U FIX Autos or its authorised representative is granted access to the Site at all such reasonable times on U FIX Autos 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 U FIX Autos immediately if any repair is necessary;
(b) shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or 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 U FIX Autos;
(d) shall not make any alteration to the Equipment (including defacing or covering up) U FIX Autos’ nameplate or mark;
(e) shall not without the prior written consent of U FIX Autos, 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 U FIX Autos, 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 U FIX Autos’ 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 8, pay U FIX Autos for any Equipment which is lost, stolen or in U FIX Autos’ 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 U FIX Autos, 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 U FIX Autos 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:
i. all applicable laws and statutory regulations; and
ii. 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 5.9 the Hirer shall:
(a) give written notice of the breach to U FIX Autos as soon as reasonably possible once the Hirer has become aware of the breach; and
(b) give U FIX Autos a reasonable opportunity to rectify any issues.
5.10 Following receipt of written notice under clause 5.10 U FIX Autos 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 U FIX Autos shall not be responsible to the Hirer for any breach of clause 5.9 and shall not be required to repair or replace the Equipment in accordance with clause 5.11 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 U FIX Autos 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 U FIX Autos 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; 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 U FIX Autos, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges, in accordance with clause 6, 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
6. Charges and Payment
6.1 The Hirer shall become liable to pay the Charges from the date of hire pursuant to clause
6.2 The Hirer shall pay the Charges and any Additional Charges for the hire of the Equipment in accordance with these Terms and Conditions.
6.3 U FIX Autos 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.
6.4 U FIX Autos may, prior to the hire of the Equipment, require the Hirer to pay such deposit as is considered appropriate by U FIX Autos as notified to the Hirer at the time the Premises is Booked (“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.
6.5 Subject to Damage Waiver Plus applying in accordance with clause 8, 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), U FIX Autos 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.
6.6 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.
6.7 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.
6.8 The Charges will be payable by the Hirer to U FIX Autos for the duration of the Hire Period.
6.9 Unless otherwise agreed by the parties in writing or in the Contract, all invoices submitted by U FIX Autos 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.
6.10 If any Charges or Additional Charges are not paid on or before the due date for payment, U FIX Autos 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.
6.11 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.
6.12 Save as otherwise expressly provided in the Contract or required by law, all payments to be made by either party to the Contract shall be made in full and without any deduction or withholding including on account of any counter-claim.
6.13 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 U FIX Autos in the recovery of amounts due or the recovery of the Equipment. In addition, U FIX Autos is entitled to suspend further services to the Hirer.
7. Performance Failure
7.1 If U FIX Autos 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 U FIX Autos to remedy such breach by re-supplying the relevant Services at no additional charge; or
(b) to require U FIX Autos to repay or credit to the Hirer that part of the Charges paid by the Hirer relating to the relevant Services that U FIX Autos has failed to supply.
8. Damage Waiver and Damage Waiver Plus
8.1 Subject to clauses and 8.2 and 8.7, if the Hirer contracts to pay the Damage Waiver charge, being a sum equal to 10% of the Charges (where available as an option) U FIX Autos will waive any further charge for rectifying accidentally damaged Equipment.
8.2 If the Hirer does not pay the Damage Waiver charge or if the Damage Waiver does not apply in accordance with clause 8.7 (or otherwise was not available as an option) then the Hirer will be responsible for the entire cost of rectifying any damage to the Equipment (in accordance with clause 5.14(a)) or for the loss of the Equipment (in accordance with clause 5.14(b)) (as applicable).
Damage Waiver Plus
8.3 Subject to clauses 8.4, 8.5, 8.6 and 8.7, if the Hirer contracts to pay the Damage Waiver Plus charge being a sum equal to 15% of the Charges (where available as an option) U FIX Autos will waive any further charges for (i) rectifying accidently damaged Equipment; and/or (ii) loss or theft of the Equipment.
8.4 If the Hirer does not pay the Damage Waiver Plus charge or if the Damage Waiver Plus does not apply in accordance with clauses 8.6 and 8.7 (or otherwise was not available as an option) the Hirer shall be responsible for the entire cost of rectifying any damage to the Equipment (in accordance with clause 5.14.1) or for the loss of the Equipment (in accordance with clause 5.14(b)) (as applicable).
8.5 The waiver provided by Damage Waiver Plus is subject to the following conditions:
(a) the Hirer must be able to demonstrate that reasonable care has been taken to prevent loss;
(b) theft of Equipment must be reported to the Police and a crime reference number obtained;
(c) the Hirer must notify U FIX Autos within forty-eight (48) hours of the theft and obtain a U FIX Autos theft report form. The completed form must be returned to email@example.com and 07745360581.
(d) the maximum value of loss waived for any single Contract will be five thousand pounds (£5,000). Any loss above this value will be charged to the Hirer by U FIX Autos.
8.6 Damage Waiver Plus shall not apply and 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 of any employee, sub-contractor or agent of the Hirer;
(c) theft from a vehicle where the Equipment was left visible and unattended;
(d) loss of Equipment revealed only when an inventory is made at the end of the hire period;
(e) loss arising from civil disturbance; and/or
(f) loss occurring outside the UK and the Republic of Ireland.
Limitations and Exclusions for Damage Waiver and Damage Waiver Plus
8.7 Damage Waiver or Damage Waiver Plus does not cover and the Hirer shall remain responsible for:
(a) the first £50 or 20% of the Replacement Cost (whichever is the greater amount) of any Equipment loss claim;
(b) 50% of the Replacement Cost for theft of Equipment left unattended overnight outside a secure compound or building;
(c) damage or loss caused by the Hirer’s negligence, damage or breach of the Contract including damage or loss connected to the Hirer’s obligations set out in clause 5.8; and
(e) damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment by the Hirer.
U FIX Autos 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 Booking or payment processes or new products U FIX Autos may offer. The Hirer must always check these Terms and Conditions prior to placing a Booking to ensure that the terms which apply to that Booking are understood.
10.1 If U FIX Autos fails to insist that the Hirer performs any of its obligations under the Contract or if U FIX Autos does not enforce its rights against the Hirer, or if U FIX Autos delays doing so, that will not mean that U FIX Autos 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 U FIX Autos does waive a default by the Hirer, U FIX Autos will only do so in writing, and that will not mean that U FIX Autos will automatically waive any later default by the Hirer.
10.2 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.
10.3 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.
10.4 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 U FIX Autos.
11. Governing Law and Jurisdiction
11.1 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.
11.2 U FIX Autos 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.
TERMS APPLYING ONLY TO CONSUMERS
WHERE THE HIRER IS A CONSUMER, THE HIRER HAS LEGAL RIGHTS IN RELATION TO THE PROVISION OF EQUIPMENT AND SERVICES. ADVICE ABOUT CONSUMERS LEGAL RIGHTS IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU OR TRADING STANDARDS OFFICE. NOTHING IN THESE TERMS AND CONDITIONS WILL AFFECT THESE LEGAL RIGHTS.
B 1. U FIX Autos’ liability to Hirer
If U FIX Autos fails to comply with these Terms and Conditions, U FIX Autos shall be responsible for loss or damage the Hirer suffers that is a foreseeable result of such breach or U FIX Autos’ negligence. U FIX Autos 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 U FIX Autos’ breach or if it was contemplated by the Hirer and U FIX Autos at the time the Contract is entered into.
B 2. Use of Equipment
B 2.1 U FIX Autos 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 U FIX Autos shall have no liability to the Hirer whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.
B 2.2 U FIX Autos 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.
B 3. Automatic Cancellation of Contract
Subject to U FIX Autos’ and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed 88 days, after which time the relevant Contract shall automatically end.
B 4. The Hirer’s Rights to Cancel
B 4.1 The Hirer may cancel any Booking for Services at any time before the Hire Period starts by sending written notice to firstname.lastname@example.org.
B 4.2 Where the Hirer cancels a Booking because of U FIX Autos’ failure to comply with these Terms and Conditions (except where U FIX Autos has been affected by an Event Outside U FIX Autos’ Control), the Hirer does not have to make any payment to U FIX Autos.
B 4.3 If the Hirer cancels a Booking under clause B 4.1 and the Hirer has made any payment in advance for Services that have not been provided to the Hirer, U FIX Autos will refund these amounts.
B 4.4 If U FIX Autos has already started work on the Booking and the Hirer cancels such Booking under clause B 4.1. then U FIX Autos will be entitled to charge the Hirer any costs U FIX Autos reasonably incurred in starting to fulfil the Booking. This charge may be deducted from any refund that is due to the Hirer under clause B 4.3 or, if no refund is due to the Hirer, invoiced to Hirer. U FIX Autos will advise the Hirer of the costs incurred when the Hirer cancels a Booking.
B 4.5 At any time after delivery of a Booking the Hirer may cancel the Services by providing U FIX Autos with at least 5 Business Days' notice in writing. U FIX Autos will thereafter refund any advance payment the Hirer has made for Services that have not been provided.
B 4.6 Once the Equipment has been delivered to the Site, the Hirer may cancel the Contract with immediate effect by giving U FIX Autos written notice if:
(a) U FIX Autos 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 email@example.com or Unit 4a Riverside Trading Estate, Warrington, WA5 2UL.
(b) U FIX Autos goes into liquidation or a receiver or an administrator is appointed over its assets;
(c) U FIX Autos changes these Terms and Conditions under clause 10 of Part A; or
(d) U FIX Autos is affected by an Event Outside U FIX Autos’ Control.
B 5. U FIX Autos’ Rights to Cancel
B 5.1 U FIX Autos may have to cancel a Booking before the start date for the Services, due to an Event Outside U FIX Autos’ Control or the unavailability key personnel, the Equipment or other equipment without which U FIX Autos cannot provide the Services. If this happens:
(a) U FIX Autos 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, U FIX Autos will refund these amounts to the Hirer; and
(c) where U FIX Autos has already started work on the Booking for Services, U FIX Autos will not charge the Hirer anything and the Hirer will not have to make any payment to U FIX Autos.
B 5.2 Once U FIX Autos has begun to provide the Services to the Hirer, U FIX Autos 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, U FIX Autos will refund these amounts to the Hirer.
B 5.3 U FIX Autos may cancel the Contract at any time with immediate effect by giving the Hirer written notice if:
(a) the Hirer does not pay U FIX Autos when the Hirer is supposed to as set out in clause 7 of Part A. This does not affect U FIX Autos’ 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 U FIX Autos asking the Hirer to in writing.
B 6. Cancellation for Bankruptcy
B 6.1 U FIX Autos may, immediately on giving written notice to the Hirer, terminate the Contract if the Hirer becomes bankrupt and the Hirer shall notify the U FIX Autos immediately upon becoming bankrupt.
B 6.2 The Hirer may, immediately on giving written notice to U FIX Autos, terminate the Contract if U FIX Autos becomes insolvent and U FIX Autos shall notify the Hirer immediately upon becoming insolvent.
B 7. Variation
If U FIX Autos has to revise these Terms and Conditions during the term of the Contract, U FIX Autos 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 firstname.lastname@example.org or to Unit 4a Riverside Trading Estate, Warrington, WA5 2UL.
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