Pay Monthly Store Terms and Conditions // Pay Monthly Store

Pay Monthly Store Generic Terms and Conditions

1. Sale of the Goods

1.1 We sell to you, and you purchase, the Goods described in your agreement (including all renewals

and replacements of the Goods and additions to them) on the terms and conditions

set out in this Agreement.

2. Your obligations

2.1 You shall:

(a) pay the Advance Payment (if any) on or before the signing of this Agreement,

and shall make the repayments specified, in the manner shown, punctually on

the dates shown or on such other dates as we may notify to you having

regard to your wishes;

please note that prompt payment is essential and any payment sent to

us by post will be at your own risk

(b) use the Goods properly and (subject to clause 5.5 below) you shall not modify

or alter the Goods, and shall not remove or alter or permit removal or

alteration of identification or registration numbers or marks on the Goods, and

shall not allow the Goods to be put at significant risk, and shall ensure that

they are used safely and without risk to health;

such loss or damage is not covered by effective insurance under this

Agreement, and replace or repair the Goods if reasonably required by us;

(d) immediately give notice in writing to us of the happening of any material loss

of or damage to the Goods;

(e) keep the Goods properly repaired and maintained, but shall not pledge our

credit or permit any lien to be created on them;

(f) allow us access to inspect the Goods at all reasonable times;

(g) if so required, allow us to indicate our ownership on the Goods so far as they

comprise equipment, plant or machinery;(h) keep the Goods in your sole possession at your address specified above and

shall not sell, assign, mortgage or charge the Goods or any interest in them or

the benefit of this Agreement nor, without our prior written consent, which will

not be unreasonably withheld, remove or permit the removal of the Goods

from the United Kingdom;

(i) keep the Goods insured to their full replacement value with reputable insurers

against loss or damage by fire and such other risks (including third party

risks) as are usually covered by insurance in the type of business for which

the Goods are for the time being used and such further risks as we

reasonably require, and with our interest noted on the policy; you shall notify

us forthwith of any loss of or damage to the Goods and hold any insurance

money in trust for us; you irrevocably authorise us to collect the insurance

monies from the insurers; if a claim is made against the insurers we may, in

our discretion, conduct negotiations and effect a settlement with the insurers

and you agree to be bound by such settlement; we shall apply the insurance

monies, in our discretion, as follows:

(i) in making good the damage;

(ii) in replacing the Goods with other similar goods to which the terms of

this Agreement shall apply; or

(iii) in compensating us for all loss which we suffer, any deficiency being

made up by you on demand;

(j) keep the Goods free of all liens and distraints and attachments and shall pay

all taxes and impositions in respect of the Goods and their sale under this

Agreement;

(k) pay any other charges referred to above; and

(l) not suffer a bailiff or other officer of the court, pursuant to a judgment or order

of the court, to enforce a warrant of execution against you or any of your

goods, nor permit a bankruptcy petition to be presented against you, nor enter

into or attempt to enter into a composition with your creditors, nor call or allow

to be called a meeting, whether formal or informal, of your creditors or any of

them.

3. Our obligations and liability

3.1 We shall deliver the Goods by the delivery date set out in the dispatch confirmation

or, if no delivery date is specified, within 30 days of the date of the dispatch confirmation, unless there are exceptional circumstances.

3.2 Subject to clause 3.3, we are not liable for losses that result from our failure to

comply with this Agreement that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

However, this clause 3.2 will not prevent claims for loss of or damage to your

physical property that are foreseeable or any other claims for direct loss that are not

excluded by categories (a) to (f) inclusive of this clause 3.2.

3.3 Nothing in this Agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987;

(e) any deliberate breaches of this Agreement that would entitle you to terminate

the Agreement; or

(f) any other matter for which it would be illegal for us to exclude or attempt to

exclude our liability.

4. Payment

4.1 Product prices include VAT. However, if the rate of VAT changes between the date of

this Agreement and the date of delivery, we will adjust the VAT you pay, unless you

have already paid for the Goods in full before the change in VAT takes effect.

4.2 If there is a pricing error that is obvious and unmistakeable and could have

reasonably recognised by you as an error, we are not obliged to provide the Goods

to you at the incorrect (lower) price.

5. Further stipulations

5.1 If the Goods are not of a type ordinarily supplied for private use and you are entering

into this Agreement in the course of your business, then our Business Sale Terms

and Conditions will apply – please contact us for further details.

5.2 If the Goods are of a type ordinarily supplied for private use and you are not entering

into this Agreement in the course of your business, then:

(a) we sell the Goods subject to the terms implied by Sections 12 (relating to our

title to the Goods), 13 (relating to sales by description), 14 (relating to implied

undertakings as to quality or fitness) and 15 (relating to samples) of the Sale

of Goods Act 1979 (“SOGA”);

(b) specifically we warrant that the Goods will, on delivery and for the following

12 months, conform in all material respects with their description, be of

satisfactory quality, and be reasonably fit for all the purposes for which

products of that kind are commonly supplied; and

legal rights under Sections 12, 13, 14 and 15 of the SOGA.

5.3 If you fail to pay any premium required to be paid in respect of insurance under

clause 2.1(i) or any sum required to be paid under clause 2.1(j), we may pay such

premium or sum and you shall reimburse us on demand.

5.4 Although you are not permitted to allow any sum payable by you under this

Agreement to become overdue, you shall pay us on demand:

(a) interest on sums payable under this Agreement which are seven or more

days overdue at the rate of interest stated above on a day-to-day basis from

the due date until the date of payment; and

(b) our reasonable costs and expenses (including legal costs) incurred in

enforcing our rights under this Agreement.

5.5 If the Goods become liable under any statutory enactment (whether local or public) to

be altered or modified, you shall immediately make the required alterations or

modifications at your own expense.

6. Risk and Title

6.1 The Goods will be your responsibility from the time of delivery.

6.2 If and when all repayments and other sums payable by you to us under this

Agreement have been paid and if you have not exercised your right to terminate this

Agreement under clause 7 below, we shall pass title to, and property in, the Goods to

you, but until that time title to, and property in, the Goods remains with us

notwithstanding that you are in possession of the Goods.

6.3 As between you and us, the Goods remain personal or movable property and

continue in our ownership notwithstanding that they may have been affixed to any

land or building. You are responsible for any damage caused to such land or building

by affixing or removing the Goods (whether we or you affix or remove them) and you

shall indemnify us against any claim made in respect of such damage. We may

inform the owner of the premises where the Goods are from time to time located of

our ownership of the Goods.

6.4 You shall insure all goods for their full market value and keep up repayments on that insurance.

7. Termination

7.1 You may terminate this Agreement in accordance with the statutory notice above, in

which case your liability to us will be as described in the notice and you will remain

liable to us for:

(a) any arrears of repayments accrued due up to the date of termination;

(b) the cost of all repairs required to be done to the Goods to put them in a

condition consistent with the performance of your obligations under this

Agreement; and

(d) you will also pay all outstanding balances within 30 days of termination.

7.2 You may also cancel this Agreement in accordance with clause 7.3 below at any time

within seven working days, beginning on the day after you signed your agreement. In

this case, you will receive a full refund of the payments already made for the Goods

in accordance with the following:

(a) we shall process the refund due to you as soon as possible and, in any case,

within 30 days of the day on which you gave us notice of cancellation; we

shall refund the payments already made for the Goods in full, and any

applicable delivery charges; however, you will be responsible for the cost of

returning the item to us; and

(b) we shall usually refund any money received from you using the same method

originally used by you to pay for your Goods.

7.3 In order to cancel this Agreement pursuant to clause 7.2, you must inform us in

writing. You must also return the Goods to us as soon as reasonably practicable, and

at your own cost. You have a legal obligation to take reasonable care of the Goods

while they are in your possession. If you fail to comply with this obligation, we may

have a right of action against you for compensation.

7.4 Details of your distance selling cancellation rights, and an explanation of how to

exercise them, are provided in the dispatch confirmation. This provision does not

affect your other legal rights as a consumer.

7.5 We may on any breach by you of any of the provisions of this Agreement, after due

notice to you, terminate this Agreement, and on such termination this Agreement will

determine and you will no longer be in possession of the Goods with our consent

and, subject to the provisions of clause 7.6 below and to our right to take

repossession of the Goods, and to any of your pre-existing liabilities to us, neither

party will have any rights against the other.

7.6 If we terminate this Agreement you will become liable to pay us (in addition to all

other sums (if any) in respect of which you will be indebted to us under this

Agreement):

(a) the arrears of repayments accrued due up to the date of termination;

(b) the cost of all repairs required to be done to the Goods to put them in a

condition consistent with the performance of your obligations under this

Agreement; and

8. Use of your personal data

8.1 Before entering into this Agreement we may search your records at credit reference

Agencies to verify your identity. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment

record under this Agreement will be used to help make credit, credit related and

insurance related decisions about you and members of your household and

occasionally for fraud prevention or to trace debtors. You may contact us for details

of the credit reference agencies used by us. You have a legal right to these details

and can receive a copy of the information held about you on payment of a fee.

8.2 Information held about you by credit reference agencies may be linked to records

relating to any person with whom you are linked financially and other members of

your household.

8.3 We may give information about you and your payment record under this Agreement

to credit reference agencies, debt collecting agents and any proposed assignee,

transferee or chargee of this Agreement or of our interest in this Agreement, their

insurers or advisers.

8.4 We may use a credit scoring or other automated decision-making system. We may

monitor and record telephone calls for the purpose of security and training.

9. Guarantee

9.1 Before we enter into this Agreement with you we may require your obligations under

it to be guaranteed by a third party acceptable to us, in which event we shall invite

you to suggest someone suitable. We shall not look to any security from you

personally to cover this Agreement.

10. General

10.1 The clause headings are for ease of reference only and do not affect the construction

of this Agreement.

10.2 In this Agreement the singular includes the plural and the neuter the masculine or

feminine.

10.3 This Agreement and any dispute or claim arising out of or in connection with it or its

subject matter or formation (including non-contractual disputes or claims) should be

construed according to English law.

10.4 The Courts of England and Wales have jurisdiction over any claim arising from, or

related to, this Agreement, provided that nothing precludes us from enforcing our

rights hereunder in any Courts which can assume jurisdiction.

10.5 This Agreement should be construed in a manner to avoid violation of or invalidity

under any applicable law. Should any provision of this Agreement, as separated by punctuation, nevertheless be or become invalid, illegal, or unenforceable under any

applicable law, the other provisions of this Agreement should not be affected and, to

the extent permissible, you and we shall negotiate and agree on a lawful alternative

which as nearly as possible secures the same effective result as the invalid, illegal or

unenforceable provision.