Terms And Conditions
These terms apply to your use of our website and any orders you place on our website.
Please read these terms carefully, particularly before you place any orders on our website, as they set out important information about your and our rights and obligations.
Click the links below to jump to relevant sections of these terms and conditions:
- Background Information
- Section One – these terms apply to your use of our website, including browsing and ordering from the website
- Section Two – these terms apply specifically to you when you order equipment for hire or services from our website
1 About us
- We are Nu-Kleen Services Limited (trading as Nu Hire), a company registered in England and Wales under company number: 02910525. Our registered office is at: Tobacco Dock Tobacco Quay, Wapping Lane, London, England, E1W 2SF. Our VAT number is: 625797695.
- You can contact us by sending an email to email@example.com or calling us on 0208 594 0800.
2 These terms
- 2.1 For the purposes of these terms, you are a ‘consumer’ if you are placing an order on our website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are placing an order from our website for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
- 2.2 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Nu Hire, and any reference to ‘you’ or ‘your’ is to the person placing an order on our website.
- 2.3 You must be at least 18 years old and a resident of the UK to place an order on our website. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
- 2.4 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
- 2.5 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
3 Website Use
- 3.1 The website is for your personal and non-commercial use only.
- 3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the website.
- 3.3 We make no promise that the website is appropriate or available for use in locations outside of the UK. If you choose to access the website from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
- 3.4 We try to make the website as accessible as possible. If you have any difficulties using the website, please contact us using the contact details at the top of this page.
3.5 As a condition of your use of the website, you agree not to:
- 3.5.1 misuse or attack our website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
- 3.5.2 attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
- 3.6 We may prevent or suspend your access to the website if you do not comply with these terms or any applicable law.
4 Registration and password security
- 4.1 Use of the website may require registration, particularly in order to access restricted areas of the website.
- 4.2 We are not obliged to permit anyone to register with the website and we may refuse, terminate or suspend registration to anyone at any time.
- 4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
- 4.4 If we have reason to believe there is likely to be a breach of security or misuse of the website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5 Your privacy and personal information
6 Ownership, use and intellectual property rights
- 6.1 The intellectual property rights in the website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the website (Content) are owned by us and our licensors.
- 6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
- 6.3 Nothing in these terms grants you any legal rights in the website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the website or the Content.
7 Accuracy of information and availability of the website
- 7.1 We try to make sure that the website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the website will be fit or suitable for any purpose. Any reliance that you may place on the information on the website is at your own risk.
- 7.2 We may suspend or terminate access or operation of the website at any time as we see fit.
- 7.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our website and its Content.
- 7.4 While we try to make sure that the website is available for your use, we do not promise that the website will be available at all times or that your use of the website will be uninterrupted.
8 Hyperlinks and third party sites
- 8.1 The website may contain hyperlinks or references to third party advertising and websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
9 Our liability to consumers
- This clause 9 only applies to you if you are a consumer.
- 9.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- 9.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
- 9.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
10 Our liability to business customers
- This clause 10 only applies to you if you are a business customer.
- 10.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the amount the sums paid for the hire of the equipment or the services.
10.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
- 10.2.1 consequential, indirect or special losses; or
- 10.2.2 any of the following (whether direct or indirect):
- (a) loss of profit;
- (b) loss or corruption of data;
- (c) loss or corruption of software or systems;
- (d) loss or damage to equipment;
- (e) loss of use;
- (f) loss of opportunity;
- (g) loss of savings, discount or rebate (whether actual or anticipated); or
- (h) harm to reputation or loss of goodwill.
10.3 Nothing in these terms will limit or exclude our liability for:
- 10.3.1 death or personal injury caused by negligence;
- 10.3.2 fraud or fraudulent misrepresentation; or
- 10.3.3 any other losses which cannot be excluded or limited by law.
11 Events beyond our control
- 11.1 We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
12 No third party rights
- 12.1 No one other than us or you has any right to enforce any of these terms.
- 13.1 No changes to these terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
- 13.2 We reserve the right to vary these terms from time to time. Our updated terms will be displayed on the website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations.
- 14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
15 Governing law and jurisdiction
- 15.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
- 15.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
16 General terms
- 16.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
- 16.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
- 16.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
- 16.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
- 16.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
- 17.1 Please check your order carefully and correct any errors before you submit it to us.
- 17.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to hire equipment or purchase services from us on these terms.
- 17.3 Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
- 17.4 If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, there has been a mistake regarding the pricing or description of the equipment for hire or services, or the equipment for hire or services are unavailable, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
- 18.1 All orders are subject to availability.
- 18.2 We cannot guarantee that any equipment for hire or services will be available at any given time.
18.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain equipment for hire or services. If this happens and it affects your order, we will notify you by email, cancel your order and:
- 18.3.1 in respect of any affected services, provide you with a refund of any advance payments made by you for any affected services that have not yet been provided; and
- 18.3.2 in respect of any affected equipment for hire, provide you with a full refund (including any delivery costs, if applicable) for any hire period which has not yet commenced, or where equipment for hire has already been delivered and the hire period has commenced, provide a pro-rata refund in respect of remaining hire period that cannot be fulfilled.
19 Making changes to your order
- If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
- 20.1 Descriptions of our equipment for hire and services are set out on our website. Please read the descriptions carefully.
- 20.2 Any pictures and images provided on the website are for illustration purposes only. Your equipment for hire and their packaging may vary slightly from those pictures or images.
- 20.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of the equipment for hire. The colours of the equipment for hire displayed on our website may vary depending on what device you are using and your settings.
- 20.4 All weights, sizes and measurements set out on our website are as accurate as possible but may vary slightly.
21 Delivery of hired equipment
- 21.1 We will deliver the equipment for hire to the address specified by you when you placed your order.
- 21.2 If no one is available to take delivery, we will contact you on the contact details provided during the order process. If we are unable to reach you or follow any delivery instructions provided during the order process, we will notify you by email, cancel your order and refund you the price of the hire (but not the delivery charge).
- 21.3 Please examine the equipment as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
- 21.4 We shall at all times retain ownership of the equipment for hire, and you should not do, or allow anything to be done to, the equipment which might adversely affect our right, title or interest in and to the equipment provided.
22 Delivery dates and costs
- 22.1 You will be given available delivery options (and respective costs) to choose from when you place your order. We deliver to mainland UK and the Isle of Wight.
- 22.2 The equipment for hire will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order.
- 22.3 Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
- 22.4 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
23 Providing services
- 23.1 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process (subject to availability).
- 23.2 For services provided over a period of time, any completion dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates.
- 23.3 The services will be provided at the location specified by you when you placed your order. If we do not provide the services in your area, you will be notified during the order process.
- 23.4 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
- 23.5 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If we are unable to perform the services on the dates agreed, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any services that have not yet been provided.
- 23.6 We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to make the location available to us, fail to prepare the location as required for us to provide the services, or fail to provide us with adequate instructions or information to allow us to perform the services.
24 Use restrictions
- 24.1 If you are a consumer, any equipment for hire or services are provided to you for your domestic and personal use only. You must not use our equipment for hire or services for commercial, business or resale purposes.
- 24.2 If you are a business customer, any equipment for hire or services are provided to you for your internal business purposes only. You must not use our equipment for hire for resale or sub-hire purposes, and any services you purchase must be for the purposes of your named business only and not for or on behalf of any third party.
- 25.1 Our hire charges and services fees are set out on our website. All prices are in pounds sterling (£)(GBP) and, except where the contrary is indicated, exclude VAT. Prices also exclude delivery charges. You will be able to review the total order cost (including the deposit to be paid, VAT, and delivery charges) before submitting your order.
- 25.2 Our hire charges and services fees, deposit amounts, and delivery charges, may change at any time. Except as set out in clause 25.3 below, such changes will not affect existing orders.
- 25.3 If there has been an error on the website regarding the pricing of any of our equipment for hire or services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
- 26.1 We accept the following credit cards and debit cards: Visa, Mastercard, American Express.. All credit card and debit card payments need to be authorised by the relevant card issuer.
- 26.2 If you are placing an order for equipment for hire, we require payment of a deposit. The amount of the deposit is calculated and notified to you during the order process. We will hold this deposit through our payment provider. Once we have collected the equipment for hire, we will authorise the release of your deposit, subject to any deductions permitted under clause 27.2 (if the equipment for hire is not available for collection) and/or 27.3 (if the equipment for hire is not returned in satisfactory condition).
- 26.3 If you are buying services from us, we require an advance payment of the total cost for the services when you place your order. This cost will be notified to you during the order process. We will take this payment from your card before we send you your order confirmation email.
- 26.4 If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
- 26.5 When hiring equipment or buying services from us, we will invoice you for the remaining amount after we have completed the services or collected the equipment from you. Your invoice will be sent to the email address you provided when you placed your order and must be paid by you within 30 days of receipt.
- 26.6 If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 5% percentage points per year above Bank of England’s base rate.
27 Your responsibilities - equipment for hire
27.1 During the period that you are hiring the equipment, you must:
- 27.1.1 take reasonable steps to ensure that the equipment for hire is kept safe and secure.
- 27.1.2 not remove the equipment for hire from the delivery location set out in the order except as otherwise agreed with us in writing.
- 27.1.3 only use the equipment for hire for the purposes for which it was designed.
27.2 The equipment for hire must be ready for collection on the collection date set out in the order. If the equipment for hire is not ready or available for collection, we may charge additional fees for the delay in collecting the items (such additional fees to be calculated based on the hire fees set out in the order). You agree that we may either (at our sole choice):
- 27.2.1 deduct any additional fees owed to us from the deposit; or
- 27.2.2 include the additional fees in our invoice for the hire fees.
- 27.3 The equipment for hire must be returned in a satisfactory condition. If we reasonably believe that there has been any damage to the equipment for hire, or the equipment for hire has been left in an unreasonable condition of cleanliness, we may at our election retain the deposit paid in respect of the equipment for hire.
- 27.1 During the period that you are hiring the equipment, you must:
28 Consumer cancellation rights
- This clause 28 only applies to you if you are a consumer.
- 28.1 Except in the circumstances listed in clause 28.2, you have the right to change your mind and cancel your order. You have 14 days from the date of your order confirmation email to cancel your order.
- 28.2 You will lose your right to cancel if you requested for us to start providing the services or equipment for hire during the 14-day cancellation period, and the services are fully performed during this period.
- 28.3 We will not provide any services during the 14-day cancellation period unless you request for us to do so by ticking the relevant box when you place your order. We are under no obligation to accept your request.
29 Order Cancellations
- To cancel your order, please email us at the contact details above. You can also use the cancellation form available for download here. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
30 Refunds if you cancel your order
- This clause 30 only applies to you if you are a consumer.
- 30.1 If you exercise your right to cancel under clause 28, we will provide you with a refund as soon as possible.
30.2 Your refund will be subject to the following deductions:
- 30.2.1 if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
- 30.3 We will issue your refund to the same payment method you used when you placed your order.
- 30.4 If the right to cancel does not apply because of one of the circumstances listed in clause 28.2, you will not be entitled to a refund unless the equipment for hire or services are faulty. See clause 32 below.
31 Business customer - cancelling your order
- This clause 31 only applies to you if you are a business customer.
- 31.1 Subject to cancellation fees set out at clause 31.2 below, you may cancel your order at any time by contacting us at the contact details above.
31.2 The following cancellation fees shall apply if you cancel your order:
- 31.2.1 Less than 5 working days notice = 75% of order fee
- 31.2.2 Less than 10 (but more than 5) working days notice = 50% of order fee
- 31.2.3 Less than 15 (but more than 10) working days notice = 25% of order fee
- 31.2.4 More than 15 working days notice = no cancellation fee
32 Faulty equipment for hire or services — consumers
- This clause 32 only applies to you if you are a consumer.
- 32.1 Any equipment that we provide to you must be as described, fit for purpose and of satisfactory quality. Any services that we provide to you must be provided with reasonable care and skill.
- 32.2 We are under a legal duty to supply equipment for hire and services that are in conformity with our contract with you.
- 32.3 If equipment supplied for hire is not as described, fit for purpose, or of satisfactory quality you can ask us for a refund.
- 32.4 If a service is not carried out with reasonable care and skill, you can ask us to repeat the service, or get some money back if we repeat the service.
- 32.5 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 28 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
- 32.6 If there is a problem with any equipment you have hired or services you have purchased from us, please contact us as soon as reasonably possible.
33 Faulty equipment for hire or services—business customers
- This clause 33 only applies to you if you are a business customer.
33.1 We warrant that any equipment you hire will:
- 33.1.1 conform in all material respects to their descriptions on the website;
- 33.1.2 be free from material defects in design, material and workmanship; and
- 33.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
33.2 We warrant that any services you purchase will:
- 33.2.1 be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
- 33.2.2 be free from material defects at the time the services are completed.
33.3 Subject to you complying with your obligations under clause 33.4, we will (in each case at our option):
- 33.3.1 repair or replace or refund any equipment for hire that do not comply with clause 33.1; or
- 33.3.2 remedy or re-perform or refund any services that do not comply with clause 33.2.
33.4 If there is a breach of clause 33.1, clause 33.2 or clause 33.3, you must:
33.4.1 notify us by email to [firstname.lastname@example.org] within the relevant period as follows:
- (a) in respect of a breach of clause 33.1, as soon as you become aware of the breach, or within 7 calendar dats from the date the equipment is collected; or
- (b) in respect of a breach of clause 33.2, within 7 calendar days from the date that the services are completed.
- 33.4.2 provide us with sufficient information as to the nature and extent of the defects, including to enable us to investigate the defect;
- 33.4.3 give us a reasonable opportunity to examine the defective equipment for hire or otherwise investigate the defect; and
- 33.4.4 return any defective equipment to us at our expense, or allow us to collect the defective equipment.
- 33.4.1 notify us by email to [email@example.com] within the relevant period as follows:
- 33.5 Clause 33.3 sets out your sole and exclusive remedy for any breach of clauses 33.1 and 33.2 (inclusive).
- 33.6 Except as set out in this clause 33, we give no warranties and make no representations in relation to the equipment for hire or services, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.