1.1 "Customer" means any person (including without limitation, individuals, partnerships and bodies Corporate) who orders or purchases goods or services from Wex Rental and to whom Wex Rental may agree to supply Products in accordance with these terms and conditions.
1.2 "Wex Rental" is a trading name of Calumet Photographic Ltd. Registered office: 13 Frensham Road Norwich Norfolk. NR3 2BT. Registered Number: 425579.
1.3 "Consumer" means any natural person who is acting for purposes that are outside his or her business.
1.4 "Delivery" means delivery of Products to the Delivery address shown on the Wex Rental sales order or if no such Delivery address is shown when physical possession of Products passes to the Customer or its agent.
1.5 “Products” means goods or services including but not limited to photographic and digital imaging products, computer hardware and software items, and consumables to be provided by Wex Rental to the Customer in accordance with these terms and conditions.
1.6 "Third party Software” means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by Wex Rental) and which comprises part of the Products.
2.0 ORDER ACCEPTANCE
2.1 All orders placed with Wex Rental by the Customer for Products shall constitute an offer to Wex Rental under these terms and conditions subject to availability of the Products and to acceptance of the order by Wex Rental’s authorised representative.
2.2 Wex Rental reserves the right to refuse any order. Orders are only deemed to be accepted once dispatched.
2.3 All orders are accepted and Products supplied subject to these express terms and conditions only. No amendments to the terms and conditions will be valid unless confirmed in writing on or after the date hereof by Wex Rental’s authorised representative.
2.4 It is agreed that these terms and conditions prevail over the Customer’s terms and conditions of purchase unless such terms and conditions of purchase have been accepted by Wex Rental in writing.
3.0 INDEPENDENT CONTRACTOR
3.1 The relationship between Wex Rental and the Customer is that of independent Contractor. Neither party is the agent of each other, and neither party has any authority to make the other enter into any obligation expressly or impliedly in the name of the other party without that party’s prior written consent for express purposes connected with the performance of this Agreement.
4.1 Any time quoted for despatch or Delivery is to be treated as an estimate only, and the Customer acknowledges that despatch or Delivery may be postponed because of conditions beyond Wex Rental’s reasonable control. In no event shall Wex Rental be liable for any damages or penalty for delay in despatch or Delivery and accordingly, time shall not be of the essence of this Agreement.
4.2 Risk in the Products shall pass to the Customer immediately at the time of Delivery.
4.3 If the Products or any of them have not been received or are received in a damaged condition, the Customer must notify Wex Rental in writing within 7 days of the date of the invoice.
4.4 Consideration for damage to, or shortage of, goods in transit will only be given if written notification is received within 7 days of receipt by the Customer of such goods. Packing materials in which goods were received should be kept for inspection. Where there is apparent damage to boxes or packaging, the consignment should be opened and examined in the presence of the carrier or, where this is not possible, the carrier’s delivery documentation must be amended to read "carton damaged goods unchecked" before the goods are signed for. Claims for non-delivery of goods will only be considered if notification is received in writing within 14 days of the invoice date.
5.0 CANCELLATION AND RESCHEDULING
5.1 Subject to Clause
5.2 Any request by the Customer for cancellation of any order or for the re-scheduling of any deliveries will only be considered by Wex Rental if made at least 72 hours before dispatch of the Products. This shall be subject to acceptance by Wex Rental at Wex Rental's sole discretion and Wex Rental reserves the right to levy a reasonable administration charge for cancelled orders.
5.2a Where the Customer is a Consumer, he shall have the right to cancel orders for Rental Equipment (placed by fax, telephone, email (post, fax or e-mail) to Wex Rental.
5.3 All refunds in respect of orders cancelled pursuant to Clause 5.2 will be made within 30 days of cancellation.
5.4 All cancellations of orders must be confirmed in writing (post, fax or e-mail). You may cancel your order by: e-mailing us at email@example.com stating your name, a description of the goods or services concerned and the order number of the cancelled order, or phoning us on 08706 030303 (Monday to Friday from 8.30am to 5.30pm excluding public holidays) - please have your order reference number and delivery details to hand.
6.1 Catalogues, price lists and other advertising literature or material as used by Wex Rental are Intended only as an indication as to the price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding upon Wex Rental.
6.2 Wex Rental reserves the right to amend prices at any time and without prior notice
6.3 Orders are fulfilled on the understanding that prices charged are those current at the time of despatch.
6.4 All quoted or listed prices are based on an ex-works basis. The Customer is liable to pay for packing, insurance and freight.
6.5 All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Customer and will be supplied in accordance with UK legislation in force at the taxpoint date.
7.0 RENTAL RISK AND DAMAGE WAIVER
7.1 Risk in all Equipment and Consumables shall pass to the Customer upon delivery of the same to the Delivery Address (or, where the Customer has elected to collect the Equipment and Consumables from the Supplier’s premises, upon collection of the same by the Customer).
7.2 The Customer shall be responsible, for the duration of the Rental Period, for the cost of insuring the Equipment. Unless the Customer agrees to insure the Equipment under the Customer’s own policy of insurance in accordance with Clause 7.4 below, the Supplier shall arrange such rental damage wavier at the Customer’s expense.
7.3 Where the Supplier arranges rental damage waiver in respect of the Equipment, the following terms shall apply:
(a) the premium for such damage waiver shall be charged to the Customer, in addition to the Rental Charges, at 10% of the total Rental Charges and delivery charges applicable to the Equipment insured;
(b) Geographical Limits - Europe, subject to prior declaration of where the Equipment is to be taken;
(c) Maximum Rental Period - two months, longer subject to negotiation;
(d) Excess - first £250 each, for which the Customer shall be responsible;
(e) Where the Supplier incurs theft, damage or expense as a result of theft of or damage to the Equipment during the Rental Period, the Customer shall be liable for and shall indemnify the Supplier against such theft, damage or expense.
(f) Any theft must be reported to the local police within 24 hours, and immediately thereafter to the Supplier;
(i) damage caused by corrosion, excessive heat, dampness or physical mistreatment;
(ii) damage occasioned by or resulting from nationalisation, confiscation, requisition, seizure or destruction by the government or any public authority;
(iii) property damaged as a result of its undergoing any process including testing, repairing, adjusting, servicing or maintenance operation;
(iv) damage arising from: - riot or civil commotion occurring elsewhere than in the United Kingdom, the Channel Islands or the Isle of Man; - breakage of flash tubes and/or bulbs;
(v) damage to glass and other fragile or brittle articles;
(vi) damage to property carried on the outside of vehicles unless as a result of overturning or collision;
(vii) damage as a result of negligence;
(viii) consequential loss of any description.
The Customer acknowledges and accepts such terms and agrees that it shall not, for the duration of the Rental Period, do or omit to do any act or thing which would or may vitiate or invalidate such insurance policy and/or jeopardise the prospect of a successful claim in respect of any loss of or damage to the Equipment.
7.4 Where the Customer has agreed to keep the Equipment insured, the Customer shall keep the Equipment insured against loss or damage throughout the Rental Period for all risks including theft. Such insurance shall be with a reputable insurance company, shall be for the full replacement value (as new) of the Equipment, shall be free from restriction or excess and shall be in the joint names of the Supplier and the Customer. The Customer shall produce to the Supplier on demand a copy of a current insurance policy in respect of the Equipment in accordance with this Clause 7.4 (together with a receipt for the last premium paid).
7.5 Where the Customer has arranged its own insurance under Clause 7.4, the Customer shall be liable for and shall indemnify the Supplier against any and all losses, damages or expenses
incurred by the Supplier which arise out of or in connection with any loss of or damage to the Equipment caused during the Rental Period (fair wear and tear excepted), including without limitation:
(a) any loss of rental income resulting from such loss or damage;
(b) the lesser of
(i) the full replacement cost of the Equipment or
(ii) the cost of reinstating the Equipment to satisfactory and operational condition.
7.6 Within 24 hours of becoming aware of any occurrence which will or may give rise to a claim under any policy of insurance obtained by the Supplier pursuant to Clause 7.2, or by the Customer pursuant to Clause 7.4, the Customer shall give written notice to the Supplier of such occurrence.
7.7 Wex Rental cannot be held responsible for any subsequent image problems allegedly caused by dust on sensors. Wex Rental make every effort to clean the sensor prior to each Rental transaction.
8.0 SPECIFICATION OF PRODUCTS
8.1 Wex Rental will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.
8.2 Unless otherwise agreed the Products are supplied in accordance with the manufacturer’s standard specifications as these may be improved, substituted or modified. Wex Rental reserves the right to increase its quoted or listed price, or to charge accordingly in respect of any orders
accepted for Products of non-standard specifications and in no circumstances will it consider cancellation of such orders or the return of such orders.
8.3 Clause 5.2 will not apply in respect of orders for Producnon-standardandard specifications.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Wex Rental or its content providers. As a visitor to the Wex Rental site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Wex Rental's prior written consent is strictly prohibited.
10. PLACING AN ORDER
10.1 A notice will be displayed on your web browser before you submit an order with Wex Rental. This contains important information such as a description, price and delivery charges of the good or services ordered. Wex Rental suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
10.2 All prices and charges on this site are in UK pounds. They include any VAT payable, but exclude delivery charges and Damage Waiver.
10.3 The total cost of your order will be the price of the products you order and the applicable delivery charge and Damage Waiver.
10.4 Prices, offers and products are subject to availability and may change before, but not after, we accept your order. If something becomes unavailable we may offer you an alternative or suggest that you visit one of our stores.
IMPORTANT: we try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). We will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order, you will receive a full refund of any charges paid in advance. But not any fees incurred like interest or currency fluctuations if buying from outside the UK
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Wex Rental. Wex Rental does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item. If you have any concerns regarding the privacy of this site please contact us via the following email: firstname.lastname@example.org
We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know via on email@example.com
The entire checkout process for the Wex Rental website is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of your browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please inform us here firstname.lastname@example.org