Delivery

1. We charge for all deliveries. Orders received by 4 pm on a working day are normally processed the same day. Orders placed at weekends or Bank Holidays are normally processed the next working day. Goods in stock are normally delivered the next working day after processing. Standard delivery is to suitable ground floor reception or store areas. We do our best to meet delivery slots agreed with you, but we don't accept any liability to you for any delay. We will use reasonable endeavours to notify you of any delivery delays and reconfirm a new delivery time with you.

2. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must tell Rentsmart (trading as Thinksmart UK Limited) within 14 days of receipt or expected delivery telephone 0161 333 2400.

Cancellation

3. You cannot cancel a submitted order after the goods have been dispatched, unless we gain permission from an Authorised representative of PC World Business.

Returns & Errors

4. All PC World Business’ goods are sold to you with the benefit of the manufacturer's warranty. They will accept returns of faulty goods notified to us within 14 days of delivery, subject to the terms of the manufacturer's warranty. After 14 days you will need to deal with the manufacturer directly contacting their Customer Services department will advise you on this telephone 0844 561 6789.

5. If faulty goods are to be returned to PC World Business you must obtain an RMA (Returned Merchandise Authorisation) from their Customer Services department, telephone 0844 561 6789. The RMA will be valid for 28 days. They will arrange for collection of the goods, which must be available for collection in their original packaging together with all accessories and manuals. They cannot accept unauthorised returns which do not have an RMA.

6. If you change your mind they may take goods back at their sole discretion if they are unopened, unused and in perfect condition within 14 days. A reasonable fee will be charged to do this- Please contact their Customer Services department - telephone 0844 561 6789.

7. If you return goods please ensure that you have backed up and/or removed your data as appropriate. Rentsmart UK Limited (trading as Thinksmart) and PC World Business will not be responsible for any data that is lost or left on equipment.

8. Please note we do not accept returns of special purchase items, consumables, opened packaged software (unless it is faulty) or pre-loaded/down-loaded software licences (unless faulty).

9. If you are unhappy with any Services we or PC World Business have provided you then you must promptly notify us and/or them in writing, (and in any event, within 30 days of completion of the Services) and our sole liability to you shall be to re-perform any defective Services at no cost to you.

 

Smartplan Terms and Conditions

The following pages contain the terms and conditions that apply to the Hire Agreement ('this Agreement'). Words and expressions set out in the Schedule have the same meaning in these terms and conditions. References to "we", "us" and "our" shall mean the Owner.

1. Definitions

The following words and expressions shall have the meanings ascribed below: Administration fee means the fee specified in the Schedule; Equipment means all or any part of the Equipment described in the Schedule (whether hardware or software or any combination of these), and any subsequent replacements, substitutions or renewals of it, and all accessories and replacement parts fitted to it; Customer, you, your means the Sole Trader, Partnership, Limited Liability Partnership or Company named as the Business Name in the Schedule and, if the Customer comprises more than one person, any or each of them; Holding Over Period means any period of three months, at consecutive three-monthly intervals starting one day after the expiry of the Minimum Rental Period; Monthly Rental Payment means the rental payment specified in the Schedule. Owner, we, us, our means STB Leasing Limited and any person to whom any of its rights and/or duties under this Agreement are transferred or are agreed to be transferred, and any successor to its business; Schedule means the Schedule to this Agreement set out on the second page of this Agreement; Term means the Minimum Rental Period and any Holding Over Periods; and any reference to legislation or to a provision of legislation is a reference to that legislation or provision of legislation (as the case may be) as amended, extended or re-enacted from time to time.

2. Commencement of this Agreement

This Agreement will commence when it is signed by both us or by our authorised representative, and by you and when we have obtained any guarantee and/or indemnity that we require in connection with this Agreement. Subject to clauses 6(b), 9(f) and 18, this Agreement will continue for the Minimum Rental Period and afterwards until terminated under clause 10.

3. Rent

(a) You agree (without prejudice to any other rights) to pay us the Administration fee and the Monthly Rental Payment in accordance with clause 16 of this Agreement. We agree to let and you agree to hire the Equipment for the Term.
(b) If the Equipment includes any software, we will procure that the owner of the software licenses you to use the software for the Term.

4. Ownership

We will own the Equipment at all times. You confirm that you will have no right or interest in the Equipment otherwise than as bailee or, in Scotland, a hirer. You must not represent or hold yourself out as owner of the Equipment.

5. Business Purposes

You confirm that you require the Equipment for the purposes of a business carried on by you, and that you selected the Equipment and requested us to acquire it for the purposes of this Agreement.

6. Delivery

(a) If all Equipment is in stock and you sign this Agreement on the supplier's premises, the Equipment will be delivered then and there.
(b) In any other case, we will arrange for the delivery of the Equipment to an address in the United Kingdom specified by you, normally within two working days. In an exceptional case, it may not be possible to deliver the Equipment within 30 days after you sign this Agreement; in such case, this Agreement will come to an end, and we will promptly refund to you the Monthly Rental Payments, and any other sums paid by you under this Agreement.

7. Default Interest

We have the right to charge interest at the annual rate of 5% over Finance House Base Rate in force from time to time on all sums overdue under this Agreement, from the due date for the payment until the payment is received in cleared funds (both before and after judgment). Interest is calculated on a daily basis, and compounded on a monthly basis, and payable on demand.

8. Equipment

(a) During the Term, you may remove the Equipment from the United Kingdom so that you may use it abroad, provided that you do not remove it for a period of more than 30 days on any one occasion. You must tell us where the Equipment is within seven working days after you receive a request in writing to that effect from us.
(b) You must keep the Equipment secure in your possession and control, properly protected, in good order, repair and working condition, and maintain it at your expense.
(c) You are responsible for all loss of and damage to the Equipment (except fair wear and tear), even if caused by acts and events outside
your control.
(d) You must:
(i) permit us or our authorised representative at all reasonable times to enter on the premises where the Equipment is kept, in order to inspect and test the Equipment and fix nameplates to it; and
(ii) give us prompt written notice of any theft or loss of or damage to the Equipment.
(e) You must not sell or attempt to sell, sub-let or otherwise dispose of the Equipment, nor permit the Equipment to be seized by any third party, nor permit any lien or any third party rights to be created over it.
(f) You must:
(i) ensure that the Equipment is used with skill and care and in accordance with the manufacturer's instructions or recommendations (if any); and
(ii) take all steps to ensure compliance with all or any of the duties imposed on you and/or us in relation to the Equipment under all legislation relating to health and safety at work and environmental protection and any other statutory requirements.
(g) You must not make any modifications to the Equipment, nor fix the Equipment to any property, without our prior written consent.
(h) You must promptly pay or cause to be paid all licence fees, duties and registration fees whatsoever from time to time payable in respect of the use and/or operation of the Equipment.

9. Insurance

(a) You will bear the risk of the Equipment at all times. You must keep the Equipment continuously insured, starting on the date of delivery of the Equipment to you, and continuing until the Equipment is returned to us or to our order.
(b) Such insurance must be with a reputable insurer under a fully comprehensive policy of insurance, free from restriction or excess, covering the Equipment to its full replacement value against fire, theft, flood, accidental damage and all other risks against which it is commercially prudent to insure.
(c) Such insurance must cover all liability to third parties for personal injury and damage to property arising in connection with the use of the Equipment, and must indemnify us in respect of our liability (if any) arising in connection with the Equipment. You must ensure that we are noted as loss payee on the insurance policy and that the policy is endorsed with a note of our interest.
(d) You must punctually pay all premiums, and if and when requested to do so, must produce satisfactory evidence of such insurance to us. If such evidence is not provided, then we have the right, but not the duty, to insure the Equipment, and you must pay on demand the costs incurred by us in arranging such insurance.
(e) You must hold on trust for us the policy and any money paid to you under any insurance policy relating to the Equipment. You irrevocably authorise us to receive any such money from any insurance company and to agree the amount of any claim with the insurance company or any other person, and to receive payment from them.
(f) You must immediately notify us in the event of the Equipment being lost, stolen or sustaining serious damage. Where the Equipment has become a total loss or, in our opinion, is incapable of economic repair, this Agreement will come to an end. You must then pay an amount calculated in accordance with clause 18(a). Any insurance money received by us will be applied first in payment of any sums due to us. After that, any surplus will be paid to you as a rebate of rental payments.
(g) In every other case of damage, this Agreement will continue, and the Equipment must be repaired to our satisfaction at your cost and expense with the benefit of the insurance money.

10. Termination and Holding Over

We or you may terminate this Agreement by giving at least three months' notice in writing to the other to expire at the end of the Minimum Rental Period or at the end of a Holding Over Period.

11. Return of the Equipment

(a) On termination of this Agreement (howsoever arising) you will cease to be in possession of the Equipment with our consent, and you must return the Equipment in good and substantial repair (except fair wear and tear) at your expense to any address in the United Kingdom that we specify.
(b) If you fail to comply with clause 11(a), and you retain possession of the Equipment after termination of this Agreement (with or without our consent), your duties will continue as if this Agreement had not so terminated. Such use or possession of the Equipment is not to be construed as renewal of this Agreement.

12. Exclusion of Liability

You confirm all matters in paragraphs (a) to (d) below.
(a) You wish us to provide the Equipment selected by you from a supplier chosen by you for your use.
(b) We have not inspected the Equipment, and we have no particular knowledge of your requirements, nor any expertise in relation to the suitability of the Equipment for any of your purposes.
(c) In selecting the Equipment, you did not rely on our skill or judgment but on your own skill or on that of the supplier.
(d) We do not make, give or enter into this Agreement subject to any express representation, warranty or condition in respect of the Equipment, and any warranty or condition that may be implied by law is expressly excluded to the extent permitted by law.

13. No Agency

Except as provided by the Consumer Credit Act 1974 (if applicable), or where expressly authorised by us in writing, no supplier by whom the Equipment was or is to be supplied was acting as our agent or authorised as an agent by us.

14. Acceptance of Equipment

Your acceptance of delivery of the Equipment is conclusive that you have inspected and approved the Equipment and found it to be complete and in good order and condition and in every way satisfactory.

15. Indemnity

You must indemnify us to the extent permitted by law against all claims, damage, loss, costs and expenses (including legal costs on a full indemnity basis) arising out of the possession or use of the Equipment, whether or not caused by any defect in it, including personal injury, damage to property and economic loss.

16. Payment

(a) You must pay the Administration fee, the Monthly Rental Payment, and all other sums due from you under this Agreement (together the "Payments"), by their due date, to us or to our order.
(b) Punctual payment by you is of the essence. The Administration fee and the first Monthly Rental Payment (if applicable) must be paid by payment card. After that, Payments must be by direct debit or by such other payment method as we may permit from time to time. You must ensure that each direct debit or other payment instruction is met. Payment by post, where permitted, is at your risk.
(c) All Payments must be made gross, free from any counterclaim, set-off or deduction or withholding, whether in respect of tax or otherwise. You will not be entitled to any rebate of Monthly Rental Payment in respect of any period during which the Equipment is out of order or unusable.
(d) We may appropriate any sum received from you under this Agreement to any part of the sums due from you under this Agreement, notwithstanding any contrary appropriation by you.
(e) VAT is payable (where applicable) on all sums due from you to us under this Agreement at the rate prevailing from time to time.
(f) You must pay on demand in accordance with our current practice from time to time:
(i) all costs and expenses incurred by us in respect of any administrative work carried out by us at your request in connection with this
Agreement; and
(ii) without prejudice to our rights and on a full indemnity basis, all costs and expenses incurred by us (both before and after judgment) as a result of any breach of this Agreement by you and/or in enforcing any terms of this Agreement.
(g) You agree that your right to receive 14 days' prior notice from us of any amendment to be made to a variable direct debit mandate within the terms of the Originator's Guide and Rules to the Direct Debit Scheme from time to time in force (or such other period of notice as may from time to time be prescribed under such Scheme) is waived. You agree that we will not be obliged to give any notice of any such variation within the terms of the Direct Debit Scheme or any amendment of it.

17. Default

We will have the rights stated in clause 18 if any of the events specified in paragraphs (a) to (m) below occurs.
(a) you fail to pay any sum due from you under this Agreement within seven days of its due date, or you commit any other breach of this Agreement.
(b) you fail to meet any of your duties (after being given the opportunity to do so) under any loan, hire-purchase, credit sale, conditional sale or lease agreement, or under any debt, guarantee, indemnity or other finance obligations, or any of such obligations is accelerated by reason of default.
(c) there is a material change in your ownership or control from that subsisting at the date of this Agreement, or ownership of all or a material part of your assets is transferred to a third party.
(d) there is a meeting of your creditors, or if any scheme of arrangement or composition or trust deed is made or proposed with or for the benefit of your creditors.
(e) a petition is presented for the making of an administration, winding-up, bankruptcy, or sequestration order against you, or a resolution is passed for the presentation of any such petition.
(f) a receiver, administrator, or administrative receiver is appointed over or takes possession of all or any part of your assets.
(g) you are deemed unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; or, if an individual or partnership, you appear unable to pay all your debts within the meaning of Section 268 of that Act or you become apparently insolvent within the meaning of Section 7 of the Bankruptcy (Scotland) Act 1985.
(h) if you are a partnership, the partnership is dissolved or terminated for any reason.
(i) you have provided us with information that is false or misleading in a material respect.
(j) any judgment is obtained against you and remains unsatisfied for more than 7 days or any distress or execution is levied against your property.
(k) being an individual or a partner, you die.
(l) you cease to carry on a business for which you require the Equipment.
(m) any of the events specified in paragraphs (a) to (j) of this clause occurs in relation to any person who has provided a guarantee and/or indemnity in connection with this Agreement.

18. Termination for Default

On the occurrence of any event in clause 17, you will no longer be in possession of the Equipment with our consent and, subject to the provisions of the Consumer Credit Act 1974 (if applicable), we shall be entitled at any time afterwards, after giving you any written notice which may be required by law , to terminate this Agreement and to take all or any of the steps set out in paragraphs (a) to (c) below.
(a) Recover from you a sum equal to (as at the date of termination of this Agreement) the aggregate of:
(i) any sums due to us under this Agreement actually in arrears plus interest at the applicable rate (see clause 7);
(ii) any other sum due to us under this Agreement as at the date of termination; and
(iii) if termination takes place before the end of the Minimum Rental Period or before the end of any Holding Over Period, the balance of Monthly Rental Payments that would have been applicable to the remainder of the Minimum Rental Period or Holding Over Period (as the case may be) had such early termination not occurred, less a rebate, if any, in accordance with our current practice from time to time; and
(b) Demand the prompt return of the Equipment and/or remove the Equipment for which purpose you hereby grant to us and/or our agents irrevocable licence to enter into the premises where the Equipment is kept without our becoming liable in any way for any loss or damage caused by that to the premises in which the Equipment is located or we believe it to be located.
(c) Sell the Equipment. When you return the Equipment to us or to our order, or if we repossess the Equipment after termination for default, we will use our reasonable endeavours to sell the Equipment, and the net proceeds of sale, if any, will be credited against any sums due to us under this Agreement. Net proceeds of sale means the proceeds of sale after deduction of expenses (including legal costs on a full indemnity basis) for ascertaining the whereabouts of the Equipment and for its repossession, insurance, storage, repair and sale, net of any VAT.

19. Acceptance of Payment

Where we become entitled to terminate this Agreement pursuant to clause 18, no payment subsequently accepted by ourselves (with or without knowledge of our right of termination) will in any way prejudice or affect our right to terminate pursuant to clause 18.

20. Notices

(a) We will send any communication to you under this Agreement by post or by hand to your address last known to us (normally your business address last known to us). Any such communication will take effect even if you are away when it is delivered.
(b) You must send any communication to us under this Agreement to our correspondence address set out on the Schedule, or to such other correspondence address as we may tell you.
(c) You must tell us promptly of any change in your business name, business address, personal name or personal address.

21. General

a) In the event of this Agreement being entered into by us with a partnership or with more than one person, the liability of all partners whether named or not, or all persons party to this Agreement, will be joint and several.
(b) No relaxation or indulgence that we may extend to you will affect our rights under this Agreement.
(c) Our rights arising before the termination of this Agreement (howsoever arising) will remain in force, notwithstanding such termination.
(d) We may transfer ownership of the Equipment to any person.
(e) We may transfer any of our rights and/or duties under this Agreement to any person. Your rights and duties under this Agreement cannot be transferred without our prior written consent.
(f) If all or any part of a provision of this Agreement is rendered void for any reason whatsoever, it will be void to that extent and no further.
(g) In the interpretation of this Agreement in Scotland, any expression not in current use in Scotland is to be accorded the meaning of the nearest equivalent in that country.
(h) This Agreement will be governed and construed in accordance with the laws of England, and the parties submit to the non-exclusive jurisdiction of the English courts.
(i) The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.