Terms and Conditions
of Equipment Hire

In these Conditions, the following words and expressions shall mean:

• These Conditions and any Rental Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, shall be governed by and construed in accordance with the law of England and Wales.
• The Company and the Customer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

• If We have to contact You, We will do so by telephone or by writing to You at the email address or postal address You provided in Your Rental Agreement.

• Our acceptance of Your order to hire Equipment will take place when You complete Payment as per the Rental Agreement. You will receive an email confirmation containing a paid invoice, which will include the hire start and end dates and a copy of these Conditions.
• If We are unable to accept Your order, We will promptly inform You. This might be because the Equipment is out of stock, We have identified an error in the price or description of the Equipment, or We are unable to meet a delivery deadline.
• We only supply to the United Kingdom. Our website is exclusively for promoting our services in the United Kingdom.
• If You wish to make a change to Your order, please contact Us in writing. We will let You know if the change is possible and advise of any effect on Payments or timing.

• All Equipment hired under a Rental Agreement shall be hired for a minimum of two weeks (14 days) and a maximum of 12 weeks unless otherwise agreed with the Company in writing.
• The Rental Period starts on the earlier of: (a) the Rental Start Date; (b) the Equipment being delivered to the Customer; or (c) the Equipment being collected by the Customer from the Company.
• The Company is not responsible for any late collection of the Equipment by the Customer affecting the duration of the Rental Period and is not obliged to make a concession or refund for days during which the Customer has not collected the Equipment.

• The Rental Period ends at the earlier of: (a) the Equipment being returned to the Company through collection or drop-off at the agreed location; or (b) 5:00pm on the last day stated in the Rental Agreement.
• Failure to return the Equipment by the Rental End Date will result in additional charges of £50 for each day after the Rental End Date on which the Equipment has not been returned. Additional recovery costs and/or replacement fees may also apply. These charges are payable immediately upon notification by the Company.

• Prior to the end of the Rental Period, the Company will send the Customer an email with options to extend or arrange a return.
• If the Customer requests an extension, the Company requires a minimum of 3 days' written notice before the Rental End Date to properly consider the request.
• Subject to approval by the Company, a new Rental Agreement and invoice being issued, and Payment being made by the Customer, the terms of the new Rental Agreement will be binding.
• For the avoidance of doubt, the Company will not charge the Customer a second delivery fee where a Rental Extension is granted for Equipment already delivered to the Customer.
• If the Customer does not respond to the end-of-hire email, the Company may contact the Customer directly.

• You will be provided with a condition report completed by the Company before or on the Rental Start Date (or, where applicable, at the time the Equipment is delivered to You), which details the condition of the Equipment. The Customer must review this report before use and inform the Company if they disagree with any content. Where a condition report cannot be agreed between the parties, the Company may terminate the Agreement.
• During the Rental Period, You take full responsibility for the Equipment and must ensure it is used and maintained in accordance with the IFU.
• All Equipment must be returned clean and in acceptable condition using the return packaging provided by the Company. On return, an inspection will be made by a director or employee of the Company.
• If the Equipment is Damaged for any reason, the Company may, acting reasonably, charge the Customer: (a) up to £300 to cover the costs of inspection and testing; and (b) the market value for the cost of repairs and/or the replacement value of the Equipment.
• The Customer is responsible for the replacement cost of Damaged, lost, stolen, and/or permanently stained Equipment. You must notify Us immediately of any such Damage, loss, theft, or staining.
• You shall not sell, sublet, use the Equipment for commercial purposes, or dispose of the Equipment, nor allow it to be seized in satisfaction of debts or any other legal process. You indemnify Us against all losses, costs, claims, damage, and expenses arising from any breach of this clause.
• Any charges payable under this clause will be payable immediately after the Company has issued and provided the relevant invoice to the Customer.
• On loss, theft, or similar, the Company may recover from the Customer any loss of income from the cancellation of existing bookings.

• All Users must operate the Equipment in accordance with its IFU.
• All Users must be 16 years of age or older to use the Equipment.
• You warrant on Your own behalf and on behalf of all Users that:
  • all Users shall be below the maximum weight limit specified in the IFU (if any);
  • all Users shall be 16 years of age or older;
  • all Users shall seek and abide by any advice from appropriate medical professionals prior to using the Equipment;
  • all Users shall use the Equipment only in accordance with its intended use;
  • the Equipment shall not be stored outdoors; and
  • all Users shall be physically and mentally capable of using the Equipment safely.
• All Users must undertake appropriate risk assessments relating to the use of the Equipment prior to use and must consider the MCQ.

• The Customer must return the Equipment in full and in good working order no later than 5:00pm on the Rental End Date, using the return packaging provided by the Company.
• The Customer may choose to return by Royal Mail collection or by dropping the package off at a Post Office using the prepaid label provided by the Company.
• Return arrangements can be initiated via the link provided in the end-of-hire email, or by contacting the Company directly.

• The Payment for the Equipment hired under a Rental Agreement will be the total charges indicated on the order page when You place Your order and/or as described in the relevant invoice.
• Unless otherwise agreed in writing or paid at the point of order, all Payments shall be made in full within five days of the invoice date.
• Interest shall accrue on any overdue Payment at 4% above the Bank of England base rate, compounded monthly, until full Payment is received.
• If the Customer fails to make any Payment due before the Rental Start Date, the terms of the Agreement are voidable at the option of the Company.
• The Customer agrees not to initiate a chargeback or payment dispute with their bank or card issuer in relation to any Payment under any Agreement. Initiating a chargeback for a validly processed Payment shall constitute a breach of the Agreement.

Title to all Equipment provided under a Rental Agreement shall remain with the Company at all times. The Customer has no right, title, or interest in the Equipment other than the right to use it during the Rental Period in accordance with these Conditions.

• The costs of delivery will be stipulated in the relevant Rental Agreement and/or invoice.
• We will do all that We reasonably can to deliver the Equipment on the Rental Start Date. If Your delivery is delayed, We will let You know as soon as reasonably possible.
• We are not responsible for delays outside our control. If such an event delays delivery, We will contact You as soon as possible and take steps to minimise the effect.
• The Customer (or their representative) shall use their best endeavours to be present at the designated delivery address on the scheduled delivery date.
• If no one is available at Your address to take delivery, We or our agent will contact You to re-arrange delivery. We may charge You for any further delivery costs.
• Equipment may vary slightly from pictures on our website. Images are for illustrative purposes only.

• The Customer must notify the Company in writing of any defective or non-conforming Equipment within five days of delivery.
• If You wish to return the Equipment because it is defective or faulty, You must contact Us as soon as possible. The Company shall, at its discretion, repair, replace, or refund the defective Equipment.
• Equipment returned without prior written authorisation from the Company may not be accepted and may be returned to the Customer at their expense.
• You shall provide such information and assistance as We may require to comply with any legal or contractual obligations to track, trace, and/or recall any Equipment, and any information concerning possible defects in relation to safety, standard, or condition of the Equipment.

• In no event will the Company be liable to the Customer (and/or any User) for any incident or injury, indirect or consequential damages however caused, whether by negligence, misuse, or Unsafe Operation, except where such liability cannot be lawfully excluded.
• The Customer agrees to protect, indemnify, and hold harmless the Company against all claims, damages, and costs, including legal expenses, arising out of a User's use of the Equipment.
• To the fullest extent permitted under the Governing Law, the Company disclaims all liability for any loss, damage, or expense of any kind — whether direct, indirect, incidental, consequential, special, or exemplary — arising from or related to the use of the Equipment, our website, or any other interaction with the Company. Where liability cannot be fully excluded, it shall be limited to the minimum extent permitted by law.

• Either party may terminate a Rental Agreement by providing thirty days' written notice to the other, unless otherwise specified in the Agreement.
• The Company may terminate a Rental Agreement immediately by written notice if:
  • the Customer fails to make any Payment when due;
  • the Customer breaches any material term of the Agreement or these Conditions;
  • the Customer misuses, damages, or fails to return the Equipment as agreed;
  • the Customer becomes insolvent or is otherwise unable to meet their obligations; or
  • for any other reason the Company determines to be reasonable.
• Upon termination, the Customer shall immediately cease use of the Equipment and return it in accordance with the Company's instructions. Failure to return Equipment within 7 days may result in the Company charging the full replacement value plus applicable late fees.
• Any outstanding Payments shall become immediately due and payable. The Company reserves the right to charge interest on overdue amounts in accordance with clause 14.
• The Customer shall indemnify and hold harmless the Company against any claims, liabilities, or expenses arising from the Customer's failure to comply with their obligations under this clause.
• Termination shall not affect any accrued rights or remedies of either party, nor any obligations intended to survive termination, including indemnities and payment obligations.

In the event that the Customer breaches any of these Conditions, the Company reserves the right to exercise all legal rights and remedies available, including but not limited to:

• suspension or termination of the Rental Agreement with immediate effect;
• recovery of the Equipment, with all associated costs borne by the Customer;
• charging interest on outstanding Payments in accordance with clause 14;
• pursuing legal action for damages, outstanding hire fees, late fees, cancellation charges, or any other costs incurred as a result of the breach, including seeking injunctive relief where appropriate;
• engaging third-party debt collection agencies; and
• withholding or offsetting any refunds or credits until the breach is remedied and all outstanding obligations are fulfilled.

We use third-party services to support our business operations, including payment processing (Stripe), software for rental and bookings (Booqable, provided by Salad Days B.V. of Blokhuisplein 40, 8911 LJ Leeuwarden, the Netherlands), and email delivery services. Your name and order details may be processed by these services in connection with Your booking. All third-party services are used in accordance with applicable UK data protection laws. Further information is available in our Privacy Policy at www.myrecoverease.co.uk.

• We will process Your personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and our Privacy Policy, which is available on our website at www.myrecoverease.co.uk.
• You can contact Us regarding Your personal data by emailing info@myrecoverease.co.uk.
• You have the right to complain to the Information Commissioner's Office (ICO) at ico.org.uk or by calling 0303 123 1113 if You have concerns about how We handle Your personal data.

You acknowledge that all patents, rights to inventions, copyrights, design rights, and other intellectual property rights in the Equipment and its name, in any part of the world, are and shall remain the property of the Company and/or Hyperice (Hyper Ice, Inc.), and that no right, title, interest, or licence is granted to You under such intellectual property rights.