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Welcome to
the FORErent website terms and conditions for use. These terms
and conditions apply to the use of this website at www.forerent.co.uk.
By accessing this website and/or placing an order, you agree
to be bound by these terms and conditions.
Using this website indicates that you accept these terms
regardless of whether or not you choose to register with
us or order from us. If you do not accept these terms, do
not use this website.
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| The www.forerent.co.uk website
is operated by: |
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Grayspur Marine Limited trading
as FORErent, a company registered in England, whose registered
office is at:
Sterling House
Langston Road
Loughton
Essex
IG10 3FA
Our company registration number is: 3619016 |
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| Our contact details are as
follows: |
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Trading address:
80 River Road
Barking
Essex
IG11 0DS
United Kingdom
General email:
info@forerent.co.uk
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INTRODUCTION |
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The following
terms and conditions shall constitute the Rental Agreement
under which FORErent shall rent equipment to you.
Please note that when you make your reservation, FORErent
will charge your credit card for the amount due for the entire
“Rental Period” (as defined below). By acknowledging
this Agreement, you also authorize FORErent to charge Renter’s
credit card for any late, lost, stolen, broken, non-returned
fees, and for all other amounts payable under the terms and
conditions of this Agreement.
As a condition precedent to entering into this Agreement,
you must be over the age of 18 and must be renting the Rental
Equipment only for use within Portugal.
You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website
are only open to you if you register.
We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time
to review the then current terms and conditions, because they
are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue to use
this Website. |
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I- ORDERS |
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1-
Place an Order:
You are deemed to place an
order with us by ordering via our online checkout process.
As part of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send
you an order acknowledgement, detailing the products you have
ordered.
2- Acceptance of an
Order:
We will acknowledge receipt
of your booking request on our website and by email. This
is not our acceptance of your booking, but confirmation that
your booking request has been received.
You may receive acknowledgement from our payment service provider,
PayPal, advising you whether or not your credit or debit card
deferred payment has been authorised. This acknowledgement
relates to your deferred payment only and is not our acceptance
of your booking.
Once you have submitted your booking request we will check
the availability of equipment. We will confirm the availability
of equipment to you at the email address you provided to us
when you created your user’s account. When we confirm
the availability of equipment, the order will be accepted
and the purchase contract will be made.
When we accept the order the purchase contract will be made
even if your payment has been processed immediately, unless
we have notified you that we do not accept your order or you
have cancelled your order.
3- Declination of
an Order:
We may refuse to accept an
order:
a. where goods are not
available;
b. where we cannot obtain authorisation for your payment;
c. if there has been a pricing or product description error;
or
d. if you do not meet any eligibility criteria set out in
our terms and conditions.
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II- RESERVATIONS |
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1-
Lead Time:
For the best chance of obtaining the Rental Equipment you
wish to rent, we ask that you make your reservation with the
following advance notice. Reservations for individuals should
be made at least five days prior to the date you need the
equipment. Reservations for Groups, which is defined as 6
or more sets on a reservation or 6 or more individuals establishing
reservations under the same event, should be made at least
two weeks in advance. “Lead Time” is calculated
as follows: If a reservation is placed before 12:00 pm GMT
Time, then the day that the reservation is made will be deemed
the date of the reservation. Reservations made after 12:00
pm GMT Time will be deemed to have been made on the next calendar
day.
2- Subject to Availability:
We will make all reasonable efforts to provide you with the
Rental Equipment you desire. However, please note that due
to unknown factors such as Rental Equipment not being returned
on time, insufficient Lead Time, lost or stolen equipment,
etc., all of our Rental Equipment is subject to availability.
If the Rental Equipment you desire is unavailable, we may
ask you to make alternative selections.
3- Reservation Cancellations:
You may cancel this Agreement at any time prior to the “First
Rental Day” (as defined below) by notifying FORErent
in writing (including by E-mail) of your desire to cancel.
Reservations cancelled less than 48 hours before the First
Rental Day will be charged one-day’s rental for the
type of set ordered (Standard, Premium).
4- Unused Reservations:
a. Reservations for Rental Equipment that is scheduled to
be picked up at FARO Airport will be kept for 12 hours and
then cancelled if the Rental Equipment is not picked up. A
one-day charge will be applied to your credit card.
b. Reservations for Rental Equipment that is delivered to
a resort in the Algarve and not picked up from the front desk
within twenty-four (24) hours of delivery will be cancelled,
and the Rental Equipment will be returned to FORErent. A one-day
rental, plus any applicable delivery charges, will be charged
to your credit card.
c. If the person you designate to accept delivery is not at
the scheduled delivery location and the delivery agent is
unable to make contact or arrange for an alternative delivery
time, then the reservation will be cancelled and your credit
card shall be charged for one day’s rental, plus any
applicable delivery charges.
5- Changing Reservations and Extension of Rental Period:
We will do our best to accommodate any changes that you may
wish to make to your reservation, including any extensions
that you may wish to make to the “Rental Period”
(defined below). Please note, however, that any such changes
are subject to availability, particularly when requested within
3 or less days of your First Rental Day. |
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III-
PAYMENT |
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1-
Prices:
All rental prices shall be as listed on the website, and are
subject to change without notice until you book your reservation.
All purchase prices are also subject to change without notice
until you make your purchase.
a. All prices include VAT
(where applicable) at the current rates. We reserve the right
to express the price exclusive of VAT, but we shall show VAT
separately and include it in the total price.
b. Where we charge separately
for carriage and any other relevant charges, the appropriate
rates are set out in our specified pricing structure shown
elsewhere on this Website.
c. Our prices are reviewed
periodically.
FORErent will charge your credit card for the amount due for
the entire Rental Period when you make your reservation. Cancelled
or changed reservations shall be subject to refunds or charges
on your credit card pursuant to the terms of this Rental Agreement.
2- Credit Card Payments Only:
All rentals and purchases that you make through FORErent will
be transacted by means of a valid credit card at the time
of making a reservation and/or purchase. Renter hereby authorizes
FORErent to charge Renter’s credit card for any amounts
due plus any late, lost, stolen, broken, non-returned fees,
and for all other amounts payable under the terms and conditions
of this Agreement.
3- Calculation of Rental Period:
The Rental Period begins on the first day you rent the Equipment
and ends on the day you return the Rental Equipment to us.
The “Rental Period” includes the First Rental
Day, the Last Rental Day, and all days in between.
4- Possible Additional Charges to Your Credit Card:
In addition to charges for the Rental Period, we may charge
your credit card with following additional charges, under
the following circumstances:
a. Failure to Return the Equipment: You are obligated to return
the equipment to FORErent on the Last Rental Day or upon our
demand if we demand the return of the equipment sooner. Your
failure to return the equipment to FORErent for any reason,
including if the equipment was lost or stolen may result in
our charging your credit card the full amount of the manufacturer’s
suggested retail price for the equipment, in addition to any
charges for the Rental Period. We also reserve the right to
file a police report against you or any other party, and you
hereby waive all claims against FORErent for any consequences
resulting from FORErent making such report.
b. Damage to the Equipment: You are obligated to return the
Rental Equipment to us in the same condition, normal wear
and tear from proper use excepted, as we rented it to you.
If you fail to do so, we may charge your credit card in a
sum sufficient to fully restore the equipment to its condition
at the start of the Rental Period. The amount we charge for
these repairs shall be in our sole discretion. Such charges
shall not, however, exceed the manufacturer’s suggested
retail price for the damaged equipment.
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IV- PICK
UP AND DELIVERY |
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1-
Pick-up of Clubs and Accessories:
Rental Equipment may be picked-up by one of two ways:
a. You may pick-up the equipment at Faro Airport as agreed
per booking instructions
b. You may arrange for FORErent to deliver the equipment to
you (cost from £25) as agreed per booking instructions.
Please note the following:
(1) If you arrange for delivery to a hotel with a front desk,
then delivery may be accepted and signed for on your behalf
by the hotel front desk. Please note that you will remain
responsible for the equipment if you arrange for this type
of delivery, even though it is left with the hotel front desk.
(2) If you arrange for delivery to a location other than a
hotel with a front desk (e.g., a house, apartment complex,
or other location), either you or a responsible adult that
you designate to FORErent in advance, must be personally present
to accept and sign for delivery. If neither you nor the person
you designate to accept delivery is at the designated location
and the delivery agent is unable to make contact or arrange
for an alternative delivery time, then the reservation will
be cancelled and your credit card will be charged for one
day’s rental, plus any applicable delivery charges.
2- Return of Clubs and Accessories:
The Rental Equipment may be returned to FORErent by one of
two ways:
a. You may return the equipment to FORErent at Faro Airport;
or
b. You may arrange for pick-up of the Rental Equipment by
FORErent at your designated location. Unless your designated
location is a hotel with a front desk, you or a responsible
adult that you designate must be present while a FORErent
representative checks in the equipment as an authorized return.
You do not have to be present if your designated pick-up location
is a hotel/motel with a front desk.
3- Repossession of Rental Equipment:
FORErent reserves the right to demand the return of the Rental
Equipment or to repossess the Rental Equipment at any time
and for any reason. This is particularly the case if the Rental
Equipment is being used in a manner that violates the law,
violates the terms of this Agreement, or if the Rental Equipment
appears to be abandoned. Renter waives, to the extent permitted
by law, any and all rights to prior notice and/or hearing
prior to the repossession of the Rental Equipment by FORErent,
or by FORErent employees, agents, affiliates or assigns. In
the event of repossession, FORErent reserves the right to
charge your credit card for the full Rental Period or for
any period thereof.
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V- LICENCE |
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| 1- Permission:
You are permitted
to print and download extracts from this Website for your
own use on the following basis:
a. No documents or related
graphics on this Website are modified in any way;
b. No graphics on this Website are used separately from accompanying
text; and
c. Any of our copyright and trade mark notices and this permission
notice appear in all copies.
2- Copyright:
Unless otherwise stated, the
copyright and other intellectual property rights in all material
on this Website (including without limitation photographs
and graphical images) are owned by us or our licensors. For
the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause V.1
above for any purpose is prohibited. If you breach any of
the terms in these terms and conditions, your permission to
use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
2- Reproduction:
Subject to clause V.1, no
part of this Website may be reproduced or stored in any other
website or included in any public or private electronic retrieval
system or service without our prior written permission.
Any rights not expressly
granted in these terms are reserved.
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VI- SERVICE
ACCESS |
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While we
endeavour to ensure that this Website is normally available
24 hours a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period. Access
to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for
reasons beyond our control. |
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VII-
VISITOR MATERIAL AND CONDUCT |
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| 1- Confidentiality:
Other than personally identifiable
information, which is covered under the Privacy Policy, any
material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be
free to copy, disclose, distribute, incorporate and otherwise
use such material and all data, images, sounds, text and other
things embodied therein for any and all commercial or non-commercial
purposes.
2- Transmission of
Material:
You are prohibited from posting
or transmitting to or from this Website any material:
a. That is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or inconvenience;
b. For which you have not
obtained all necessary licences and/or approvals;
c. Which constitutes or encourages
conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise be contrary to the law
of or infringe the rights of any third party, in the UK or
any other country in the world; or
d. Which is technically harmful
(including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or
other malicious software or harmful data).
2- Misuse of the Website:
a. You may not misuse the
Website (including, without limitation, by hacking).
b. We will fully co-operate
with any law enforcement authorities or court order requesting
or directing us to disclose the identity or locate anyone
posting any material in breach of clauses (VII - 2)
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VIII-
LINKS TO AND FROM OTHER WEBSITES |
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Links
to third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this
Website. We have not reviewed all of these third party websites
and do not control and are not responsible for these websites
or their content or availability. We therefore do not endorse
or make any representations about them, or any material found
there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk.
If you would like to link
to this Website, you may only do so on the basis that you
link to, but do not replicate, the home page of this Website,
and subject to the following conditions:
a. You do not remove, distort
or otherwise alter the size or appearance of the FORErent
logo;
b. You do not create a frame
or any other browser or border environment around this Website;
c. You do not in any way imply
that we are endorsing any products or services other than
our own;
d. You do not misrepresent
your relationship with us nor present any other false information
about us;
e. You do not otherwise use
any FORErent trade marks displayed on this Website without
our express written permission;
f. You do not link from a
website that is not owned by you; and
g. Your website does not contain
content that is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws
and regulations.
We expressly reserve the right to revoke the right granted
in this clause VIII for breach of these terms and to take
any action we deem appropriate.
You shall fully indemnify
us for any loss or damage we or any of our group companies
may suffer or incur as a result of your breach of clause VIII.
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IX- REGISTRATION
ON FORERENT WEBSITE |
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a.
To register with www.forerent.co.uk you must be over eighteen
years of age.
b. Each registration is for
a single user only. We do not permit you to share your user
name and password with any other person nor with multiple
users on a network.
c. Responsibility for the
security of any passwords issued rests with you and if you
know or suspect that someone else knows your password, you
should contact us immediately.
d. We may suspend or
cancel your registration immediately at our reasonable discretion
or if you breach any of your obligations under these terms
and conditions. |
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X- DISCLAIMER |
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While
we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness
of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described
in it, at any time without notice. The material on this Website
may be out of date, and we make no commitment to update such
material.
The material on this
Website is provided “as is” without any conditions,
warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care
and skill) which but for these terms and conditions might
have effect in relation to this Website. |
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XI- LIABILITY |
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We,
any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to
you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with
the use, inability to use or the results of use of this Website,
any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of,
or browsing this Website or your downloading of any material
from this Website or any websites linked to this Website.
a. Nothing in these terms
and conditions shall exclude or limit our liability for (i)
death or personal injury caused by negligence (as such term
is defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv)
any liability which cannot be excluded or limited under applicable
law.
b. If your use of material
on this Website results in the need for servicing, repair
or correction of equipment, software or data, you assume all
costs thereof.
c. You agree to indemnify
us fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal
fees) arising out of any breach of the terms and conditions
by you, or your use of this Website, or the use by any other
person using your registration details
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XII-
RENTER’S REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION |
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1-
Representations and Warranties: You hereby represent and warrant
to us as follows:
a. You are at least 18 years old and possess the legal authority
to enter into this agreement.
b. You will be financially responsible for all of your rentals
and purchases from FORErent, as well as for the use of your
name and credit card by members of your household.
c. All information supplied by you or members of your household
to FORErent will be true and accurate.
d. You and any others for whom you may be renting or purchasing
equipment from FORErent are in sound medical condition.
e. You or others for whom you may be renting or purchasing
equipment from FORErent understand that unique risks are involved
in the game of golf and in using the equipment and you hereby
assume such risks.
f. You and others for whom you may be renting or purchasing
the equipment possesses the skill, knowledge, and experience
to use the Rental Equipment in a safe and proficient manner
that does not cause harm to yourself or others, or damage
to the Rental Equipment (ordinary wear and tear excepted).
g. You will not transport or use the Rental Equipment outside
the Algarve in Portugal.
h. You will comply with all laws, ordinances, and governmental
rules and regulations, if any, relating to the use of the
Rental Equipment.
i. You will report to FORErent immediately any material damage
to or loss of the Rental Equipment.
2- Indemnification:
You hereby indemnify and hold
harmless FORErent and its officers, managers, board of directors,
members, employees, agents, affiliates and assigns for any
loss, liability, damages and expenses that such entities may
incur arising out of your use of the Rental Equipment, or
any breach of any representation, warranty, covenant, agreement
or obligation made by you under this Agreement |
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XIII-
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY |
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| FORErent
is neither the manufacturer of nor a manufacturer’s
agent for the Rental Equipment. It is providing the Rental
Equipment to you only in accordance with the terms and conditions
of this Agreement. Please read carefully the limitations below:
1- Warranty Disclaimer:
the equipment is
being rented to you on an “as is” “with
all faults” basis. You bear the entire risk as to the
quality or performance of the equipment. Should the equipment
proved defective following its rental, you, and not FORErent,
assumes the entire risk. FORErent has not made, does not make,
and hereby disclaims any representation or warranty whatsoever,
express or implied, with respect to the rental equipment,
including, but not limited to, its design, performance, condition,
merchantability, or fitness for use or for any particular
purpose.
2- Limitation of liability:
renter hereby
releases, waives, discharges, covenants not to sue and agrees
to hold FORErent and its officers, managers, board of managers,
members, employees, agents, affiliates and assigns (each,
a “released party”), harmless from and against
any and all claims, damages, losses, liabilities, legal proceedings
(civil or criminal), fines or other damages arising out of
renter’s rental or use of the rental equipment. Such
release shall include, but not be limited to any injury, damage
or loss to renter’s person or property which may be
(a) caused by any act, or failure to act, by any released
party, including, but not limited to, by way of any such party
s negligence (whether passive, active, simple, wilful or otherwise),
or (b) sustained by renter before, during, or after the rental
period. FORErent will not be liable to renter for any damages,
including consequential or special damages, of any kind caused
directly or indirectly by, or arising from the rental equipment,
its use, operation or failure to operate, maintenance or failure
to be maintained, or by any interruption of service or loss
of use of the rental equipment. Renter hereby acknowledges
that the golf equipment and accessory manufacturers and other
suppliers providing information, goods, or other services
for FORErent are independent from FORErent and not agents
or employees of FORErent or its affiliates. FORErent and its
affiliates are not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any
such suppliers or for any personal injuries, death, property
damage, or other damages or expenses resulting therefrom.
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XIV-
FORCE MAJEURE |
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FORErent shall
not be deemed to be in default of this Agreement if its performance
is delayed or prevented by acts of God, public enemy, war, civil
disorder, fire, flood, explosion, riot, labour disputes work
stoppage or strike, any act or order of any governmental authority,
or any other cause beyond the control of FORErent.
1- GOVERNING LAW/ MANDATORY ARBITRATION/ EXCLUSIVE VENUE
This Agreement shall be interpreted
and governed pursuant to the laws of the United Kingdom and
without regard to conflict of laws provisions. Any controversy
or claim arising out of or relating to this Agreement, or
the breach thereof, shall be resolved under the English Court
Jurisdiction in accordance with its rules, and judgment on
the award rendered by the Court (s) may be entered in any
court having jurisdiction thereof. The parties hereby irrevocably
and unconditionally submit to the exclusive venue of the English
Courts in the City of London United Kingdom, and the parties
hereby waive any argument challenging such venue. Renter hereby
agrees to pay all legal fees and expenses incurred by FORErent
in connection with the enforcement of the terms and conditions
of this Agreement.
If any provision of these
terms and conditions is found by any court of competent jurisdiction
to be invalid, the invalidity of that provision will not affect
the validity of the remaining provisions which shall continue
to have full force and effect.
Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties)
Act 1999.
It is prohibited to
access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations
outside the United Kingdom, you do so at your own risk and
you are responsible for compliance with local laws.
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XV- NO
ASSIGNMENT |
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Renter will
not sell, assign, sublease or transfer any of Renter’s
interest in this Agreement or the Rental Equipment. Any such
attempted sale, assignment, sublease or transfer is void and
of no effect, and FORErent shall have the right to immediately
repossess the Rental Equipment and assess any applicable charges
as specified in this Agreement. FORErent may sell, transfer
or assign its interest in this Agreement or the Rental Equipment
without the consent of Renter. |
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XVI-
MISCELLANEOUS |
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Section headings
are inserted in this Agreement for convenience of reference
and will not affect the meaning or interpretation of this
Agreement. Any provision of this Agreement, which is unenforceable
in whole or in part in any jurisdiction, will, as to such
jurisdiction, be ineffective only to the extent of such unenforceability
without invalidating any remaining provision of this Agreement.
Any change in this Agreement must be in writing and must be
signed by the parties hereto. Renter does not acquire any
ownership or other interest in the Rental Equipment except
as specifically set forth herein. This Agreement constitutes
the entire agreement between the parties. |
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