Power Meter Hire Agreement

                              

 

Customer Details:

First Name

 

Surname

 

Home Address

 

Mobile Number

 

Landline Number

 

Email Address

 

Power Meter Type

 

Power Meter Value

 

 

Number of months hire (£30 per month or part thereof)

 

Agreed Date of Return to Panagua Bikes

 

Security Deposit Payable

£150

Total Initial Hire Charge

 

 

All prices inclusive of VAT at the prevailing rate.

Customer Signature confirming acceptance of the attached Key Terms and Full Terms & Conditions

 

Customer Signature                                             ………………………………………………..               Date   ………………………….

 

Signed on behalf of Panagua Bikes            ………………………………………………..               Date   …………………………

Power Meter Hire Key Terms

You are hiring this power meter at your own risk. Please ensure you read these key terms together with the full Terms & Conditions set out below. By accepting the full terms and conditions below, you are taking responsibility of care for the Power Meter and commit to returning the power meter in the same condition as it was supplied to you.

 

Proof of Identity

We require the following proof of identity before we can send out a Power Meter:

 

  1. an original utility bill or bank statement with an address that corresponds to the Payment Cards registered address. The address on the utility bill must be the same address that the Power Meter is to be posted to.  Please send the utility bill with your signed hire agreement, we will then post this document back to you when we send out the Power Meter;

AND:

  1. Copies of your photo ID, either driving licence or passport that correspond with the Credit Card being used for the booking.

 

Copies of these documents will be held securely by Panagua Bikes for the duration of the hire period.  The documents will not be used for any other purpose and will be safely destroyed once the Power Meter has been returned at the end of the hire period.

 

Payment for the Power Meter Hire

We will take payment for the Power Meter Hire on the day we send the Power Meter out to you.  Payment will be taken in full for the value of the agreed hire period plus the Deposit.  Thereafter, we will charge your payment card monthly for any period beyond the agreed return date that you retain the Power Meter.  Assuming there has been no damage or excess wear to the Power Meter we will refund your deposit in full on the date the unit is received back to us.

 

Condition of the Power Meter

We carefully check each power meter when returned from hire for any damage or excessive wear and tear.  We also keep a photographic record of the condition of the power meter before sending it out to a new customer.  Please carefully check the power meter upon delivery, photograph any damage or wear that already exists for your own records. Please notify Panagua Bikes immediately of any existing damage if you are unsure by emailing us a photo of the crank.

For the avoidance of doubt, we accept that, due to the position of the crank, some minor cosmetic wear may occur to the crank arm from contact with your shoe whilst pedalling.  We consider this to be normal wear and will not levy a charge for damage of this type.

 

Fitting the Power Meter to your bike

To avoid damage to the Power Meter and ensure it’s safe operation, we recommend you use a professional qualified cycle mechanic to fit the Power Meter.  If the Power Meter is hired locally to our shop we will fit the Power Meter for you free of charge.  You accept that fitting of the Power Meter to your bike and its subsequent use is entirely at your own risk.

 

Damage to the Power Meter

If the power meter becomes damaged/faulty whilst in your possession, please contact Panagua Bikes as soon as the problem occurs. We reserve the right to levy a repair charge to the customer if the power meter is returned damaged or faulty.

 

Loss or theft of the Power Meter

The customer is responsible for the security and safekeeping of the Power Meter for the duration of the hire period.  In the event the Power Meter is lost, stolen or you fail to return the unit to us, you will be charged the replacement cost as set out in the Power Meter Value section of the Hire Agreement (less any Security Deposit already paid) for the unit.

 

Period of Hire and extension of hire period

The period of hire and date for return of the Power Meter are stated on the Hire Form above. If the Power Meter is not returned on the above specified due date, an additional months hire charge will be applied.  We will continue to charge further additional full months hire charges until the unit is returned to us.  However, we would ask that you notify us if you wish to extend the hire period so that we don’t allocate the unit to a new customer.

 

Return of the Power Meter at the end of the Hire Period

You are responsible for ensuring that the Power Meter is safely returned to us undamaged.  We ask that you return the Power Meter securely wrapped in the box it was sent to you.  You remain liable for the Power Meter until we receive it at our registered address, Panagua Bikes, 50 Hayes Street, Bromley, BR2 7LD.  We strongly recommend that you use a secure signed postal method such as Special Delivery and that you take out appropriate insurance (value £500) when returning the Power Meter.  If you fail to return the unit to us, you will be charged the replacement cost as set out in the Power Meter Value section of the Hire Agreement (less any Security Deposit already paid) for the unit.

 

Full Terms And Conditions

  1. Panagua Ltd – ( A company registered in the UK trading as Panagua Bikes)

Company Registration Number 8397739

Registered Office, Panagua Bikes, 50 Hayes Street, Bromley, BR2 7LD

1.1 We aim to provide high quality specialist Power Meters for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly during the hire period.

1.2 Power Meters and equipment can only be hired from Panagua Bikes on completion of a Hire Agreement Form. The signatory of the Form is designated as the hirer. A Booking is made by the hirer on completion of the Hire Agreement Form and by leaving an agreed Security Deposit. Upon acceptance by Panagua Bikes of your completed form a binding contract is formed between Panagua Bikes on the terms and conditions set out below. We reserve the right not to accept or fulfil a Booking.

1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or people that person confirms to Panagua Bikes that he or she has the authority to make such a booking.

1.4 The Hire period commences on the day the Power Meter is collected or dispatched to you and continues until the Power Meter is returned to Panagua Bikes.

1.5 Power Meters will not be supplied for use in any competitions, races, tests or trials whatsoever

1.6 If for any reason outside of Panagua Bikes control, a Power Meter becomes unavailable we reserve the right to substitute, with a Power Meter of the same size and similar or better specification.  We will discuss this with you before sending out an alternative model.

 

  1. HIRER’S TERMS AND CONDITIONS

2.1 You are responsible for ensuring that you are physically fit enough to undertake the cycling discipline for which the Power Meter will be used.  Panagua Bikes does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Panagua Bikes does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Panagua Bikes accept any responsibility for delays or changes to your period of Hire due to weather, strikes, war, terrorism or other causes.

2.2 You accept that cycling on a public highway, track or trail carries its own risks and you have made your booking on the basis that you undertake the Hire at your own risk.

2.3 You will use your Power Meter responsibly at all times. You will not hold Panagua Bikes responsible for any loss, damage or injury including death to persons or property with regard to the use of the equipment hired. You accept responsibility to Indemnify Panagua Bikes against any claim, interest, demand or expense in respect of such injury or damage.

2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire.

2.5 You are responsible for all equipment hired or loaned and it is your responsibility to keep these items safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unreasonable wear and tear.

2.6 Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.

2.7 You will notify Panagua Bikes immediately of any loss, damage or theft to the Power Meter however caused. You will be responsible for paying Panagua Bikes the reasonable costs of repair or replacement for any such loss, damage or theft.

2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the Power Meter.

2.9 You will be liable for any loss subsequent or consequential resulting from unauthorised repairs or alterations to the Power Meter

2.10 Panagua Bikes staff are usually available by phone or email to help out with any problems during the hire period; however it is the customer’s responsibility to set up and keep a check on the Power Meter they have hired. Whilst Panagua Bikes will always do it’s best to have staff available during the hire period this cannot be guaranteed.

 

  1. PAYMENT TERMS/REFUND POLICY

3.1 A reservation Fee of 25% of the Hire Fee will be charged to secure the booking. Cancellations up to 28 days before the hire date will result in a full refund of the reservation fee less 2.5% administration fee. Cancellations within 28 days of the hire date will forfeit the reservation fee. Full refunds will only be considered within 28 days of the hire date upon sight of a medical certificate or valid proof of inability to travel.

3.2 In consideration of our arranging and fulfilling your Hire in accordance with these terms and conditions you will pay Panagua Bikes the total price for your period of Hire set out in the Hire Agreement Form in advance of the hire commencing.

3.3 Late return of the Power Meter will be charged at the published monthly hire rate for each month/ part month that the Power Meter is returned late.

3.4 Site of a valid credit card will be required at the commencement of any hire period together with proof of address and photo identification. This will extend to a deposit by credit or debit card payment or other surety as deemed sufficient by Panagua Bikes depending on Panagua Bikes’ assessment of the risk and the value of the equipment. This deposit will be returned at the end of the hire period provided that;

  1. The Power Meter hired or used is returned in an undamaged condition to Panagua Bikes;
  2. The Power Meter hired or used is returned within the arranged hire period at an arranged time and place to Panagua Bikes

3.5 If the terms set out in 3.4 (above) are not complied with, Panagua Bikes reserve the right to charge reasonable charges until such time when The Power Meter concerned has been returned to Panagua Bikes. In the case of a Power Meter being left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever the cheaper) the items concerned to a condition equivalent to that prior to the Hire.

3.6 In all cases normal wear and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price

3.7 In all cases, the security/ damage deposit can be used as a deposit against the costs or charges mentioned here.

 

  1. PERSONAL SAFETY

4.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.

4.2 Injury(s) and/or death associated with the sport of cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.

4.3 First time or novice Power Meter users should use the equipment under the supervision of an experienced rider.

4.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.

4.5 We strongly recommend the wearing of helmets whilst cycling

 

 

 

  1. OUR LIABILITY TO YOU

5.1 Panagua Bikes accepts responsibility for death, personal injury and direct loss suffered by you which you can demonstrate was caused by our negligence up to the limit set out in clause 5.3 below.

5.2 Panagua Bikes will not be liable to you where any alleged loss or damage results from;

  1. Any of your own actions or omissions;
  2. The action or omission of a third party not connected with the provision of your Power Meter hire;
  • An event or circumstances which we could not have predicted or avoided even after taking all reasonable care;
  1. Where any loss or damage is considered to be indirect or consequential loss.

5.3 Except in respect of death and personal injury, in respect of which no limit of liability shall apply, Panagua Bikes’s total liability to you under this contract between us shall be limited to the total cost of your Hire Agreement.

5.4 Panagua Bikes shall have no liability to you if we are unable to fulfil a Booking due to an event of Force Majeure. In the event of Panagua Bikes being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.

5.5 Except where expressly permitted under the Data Protection Act 1998, we will only use your personal details in connection with your Booking arrangements, unless you agree otherwise. We will keep your personal details secure in accordance with our obligations under the Data Protection Act 1998.

 

  1. GENERAL

6.1 These terms and conditions constitute the entire agreement between us, and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

6.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.

6.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

6.4 If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

6.5 Except as otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.

6.6 These terms and conditions shall be governed by English law, and both of us hereby agree to submit to the exclusive jurisdiction of the English Courts.

 

 

 

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