Hire To Own Terms and Conditions

BACKGROUND:

1.1 These Terms and Conditions are the standard terms for the hire of Eskuta Bikes and related equipment Eskuta Limited, registered in England under number 09042298, whose registered address is Creaton House,Freer Street ,Nuneaton, Warwickshire. CV11 4PR

2. Definitions and Interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Bike”	means an electric Bike supplied by Us and hired by You subject to these Terms and Conditions;
“Business Day”	means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”	means any day of the year;
“Contract”	means the contract for the hire of the Bike(s) by You from Us, as explained in Clause 3;
“Contract”	means the form completed and signed by You specifying the details of Your Bike hire;
“Hire Period”	means the period for which You will hire the Bike(s);
“Month”	means a calendar month;
“Price”	means the total price payable for the hire of the Bike(s) on a Weekly basis;
“Security Deposit”	means the sum payable under sub-Clause 7.4 to cover the non-return, loss, theft or non-accidental damage of the Bike(s);
“We/Us/Our”	Means Eskuta Limited number, whose registered address is Creaton House, Freer Street, Nuneaton, Warwickshire. CV11 4PR and trading address is Unit 5 Bermuda Innovation Centre, St. David’s Way, Bermuda Park, Nuneaton, Warwickshire. CV10 7SD.; and
“You”	means You, the hirer of the Bike(s).

This Agreement is for the Hire of an Eskuta eBike – SX-250 (“Bike”) by the Renter (“You”) from the Owner (“Us”), with an option to purchase the Bike upon completion of the hire rental term.

2.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

2.3 Each reference the singular number shall include the plural and vice versa where appropriate.

3. Information About Us

3.1 Our VAT number is 244232533. Our Company Registration number is 09042298.

3.2 We are members of The Association of Cycle Traders, The Bicycle Association & The Motorcycle Industry Association.

4. The Contract

4.1 These Terms and Conditions govern the hire of Bikes from Us and will form the basis of the Contract between Us and You. Before completing the Contract, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

4.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists, and other documents constitutes a contractual offer capable of acceptance. Your completed Contract constitutes a contractual offer that We may, at Our discretion, accept.

4.3 A legally binding contract between Us and You will be created upon Our acceptance of Your signed Contract, indicated by Our signing the Contract, and Your payment of the Price.

5. Bikes

5.1 At the time of hire, we will advise You on how to operate, care for, maintain, and the safety procedures of the Bike. You are under no obligation to follow Our advice, but We will not bear any liability for any injury or damage that results from Our advice not being followed.

5.2 You are responsible for the general maintenance of the bike, as per the service maintenance schedule contained within the ‘Owner’s Manual’ which will be provided with the bike.

If the bike is not maintained as per the maintenance schedule provided, this WILL invalidate the bike's warranty, and any repairs and/or maintenance that may be necessary to rectify any fault, will be at the cost of You, the hirer..

5.3 All bikes are supplied with a 12-month warranty. (Subject to the bike being maintained by You as per clause 5.2).

5.4 At the end of the hire period, collection of the bike is included in any of our charges on the proviso that the bike is returned in a satisfactory condition. Subject to the above the deposit will be returned within 14 days of return of the bike.

5.5 The deposit will be repayable once the bike has been collected and inspected. At this point, a report on the condition of the bike will be issued to you. Any damage will at this point be detailed and any costs for said damage will be deducted from the deposit amount. Normal wear and tear accepted.

5.6 In the event that the bike is collected in any other circumstances, you will be responsible for payment of the costs of collection.

5.7 At the end of the hire period, You have the option to purchase for the bike for a total of £250. To take up this option, You must inform Eskuta within 14 days of the termination date of the hire period, that you wish to take up this purchase option.

6. Pre-Hire Obligations

6.1 Upon signing this contract, We will send You a link for you to provide Your ‘Personal identification’ which will comprise of the following: -

6.1.1 Residence Identification; Council tax bill or similar.

6.1.2 Personal Identification; Passport, Driving Licence or I.D Card. 6.1.3 Bank Identification; A recent bank statement.

6.2 This hire contract is subject to providing all and the correct Personal Identification as requested by Us. The decision to Hire is totally at the discretion of Us, Eskuta Limited.

7. Your Responsibilities

7.1 You are responsible for ensuring that You (and anyone else in Your party) Use the Bike(s) safely and correctly and that You will, in particular, follow the relevant provisions of the Highway Code.

7.2 You are responsible for ensuring that You (and anyone else in Your party) are suitably physically fit to cycle without risk of injury.

7.3 When hiring the Bike(s) You are acknowledging that cycling carries with it inherent risks including, but not limited to, those posed by road traffic; other cyclists; loose, slippery or uneven terrain; pedestrians; and animals. By continuing with the hire, You acknowledge to Us that You accept all risks associated with cycling and that Our liability will be limited according to Clause 19.

7.4 The vehicle is insured for theft and damage via Laka (10575209) Runway East Borough Market, 20 St Thomas St, London SE1 9RS

7.5 Bikes are supplied with a “gold standard” cycle lock. This lock must be used as a condition of the insurance provided by Laka. Failure to do so will invalidate the policy. If the vehicle is stolen as a result of failure to use the lock, you will be liable for the full value of the vehicle. “It is a term of the insurance provided by Laka Insurance that the gold standard lock must always be used when the bike is not in use”.

7.6 You shall give immediate written notice to Us of any damage caused to the Bike whilst it is in Your possession.

7.7 You agree to keep the Bike in a safe and secure environment, and use the Bike in an appropriate manner, and make no alteration to the Bike without Our prior written consent.

7.8 You agree to maintain the Bike on a daily basis as detailed in the ‘maintenance schedule’ provided. Failure to maintain the Bike WILL result in any future warranty being invalid. Additionally, failure to maintain the Bike may result in additional parts and labour costs for the Bike. In that eventuality You will be liable for any additional costs incurred as a result of breach of this condition on an indemnity basis.

8. Servicing

8.1 Annual Inclusive Service

We Eskuta will provide one inclusive service per year for the Eskuta H2O bike, conducted at the customer’s home or workplace. This service will take place approximately six months after the bike has been delivered, ensuring optimal performance and maintenance.

8.2 Maintenance Obligations

To qualify for the annual inclusive service, You must ensure that the bike is maintained in accordance with the manufacturer’s guidelines. This includes, but is not limited to:

• Regular cleaning of the bike.

• Ensuring that components remain in good working condition.

• Addressing minor repairs promptly to prevent further damage.

If the bike is not maintained to the required standard, as assessed by Eskuta’s technician, the annual inclusive service will be withdrawn. In such cases, any necessary servicing will be chargeable at Eskuta’s standard rates.

9. Use of Equipment (Bike)

9.1 The Bike(s) must be used solely for lawful purposes and in accordance with all applicable laws and regulations.

9.2 The Bike(s) must not be sold, rented, or transferred to a third party during the Rental Term.

10. Location Tracking Device

10.1Tracking for Security Purposes - The Owner, Eskuta Limited (“Us”), reserves the right to fit the Bike with a GPS location tracking device (“Tracker”) for the sole purpose of safeguarding the Equipment against theft, loss, or unauthorized use.

10.2 Immobilization of Equipment - We reserve the right to utilise the Tracker to remotely immobilise the Bike if You fail to keep payments up to date or breach this Agreement.

10.2.1 You will be notified in writing or via electronic communication prior to immobilisation and given a grace period of (7 days maximum) to remedy the default.

10.2.2 Immobilisation will only occur as a last resort to protect the Owner’s (Us) asset.

10.3. Consent to Tracking - By signing this Agreement, You explicitly agree to the installation and operation of the Tracker. You acknowledge and consents to Us monitoring the Bikes location during the Hire rental Term.

10.4. Usage of Location Data - The location data collected through the Tracker will only be used for:

• Locating the Equipment in case of theft or non-return.

• Ensuring compliance with the terms of this Agreement.

• Retrieving the Equipment in case of default or termination of this Agreement.

10.5. Privacy - We agree to handle all collected location data in accordance with applicable data protection laws. The data will not be shared with third parties except:

• As required by law.

• For recovery or legal enforcement purposes.

10.6. Tampering with Tracker – You agree not to tamper with, disable, or remove the Tracker from the Bike. Any tampering or damage to the Tracker will be considered a breach of this Agreement and WILL result in termination and forfeiture of the Deposit. Additionally, We reserve the right to inform local Law Enforcement.

10.7. Disclosure to Authorities - You acknowledge that, in case of theft or legal investigation, We may share location data with law enforcement or other relevant authorities.

11. Compliance with EAPC Regulations

11.1 Modification - The Eskuta SX-250 eBike is designed and manufactured to comply with Electrically Assisted Pedal Cycles (EAPC) regulations. You, the customer agree not to modify the bike in any way that contravenes these regulations, including but not limited to:

• Increasing the maximum speed beyond the EAPC legal limit.

• Altering motor assistance functionality.

• Adding unauthorised components that invalidate compliance.

11.2 Non-Compliance - Should the bike be modified in contravention of EAPC regulations:

• The warranty provided by Eskuta will be immediately rendered invalid. • If the bike is seized, destroyed, or otherwise confiscated by the authorities due to non compliance, You, the customer will be liable for the full value of the remaining hire of the bike(s).

By accepting this agreement, You, the customer acknowledge Your responsibility to ensure the bike remains compliant with EAPC regulations at all times.

12. Hire Period

12.1 The Hire Period is specified in the Contract.

13. Ownership

12.3 Ownership of the Bike will remain with Us throughout the Rental Term.

13.2 Upon successful completion of the Hire Rental Term and payment of the Nominal Fee (£250), the Bike will transfer to You, should you take up this option. You have 14 days to inform Us in writing of your intent to take up this option. Should you fail to do so, and give evidence of You taking up this option, We will collect the bike. You can send confirmation of your option to purchase as detailed in clause 16.

13.3 You acknowledge that this agreement is not a credit agreement but a hire agreement with an optional purchase provision.

14. Fees and Payment

14.1 The Price for the hire of the Bike(s) will be that shown in Our Contract current at the time of Your hire.

14.2 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised.

14.3 The price of the hire will be made by standing order on a monthly basis via a payment provider of our choice.

14.4 A Security Deposit must be paid by credit or debit card when You sign this agreement. The amount of this deposit will be informed to you prior to signing this agreement. We will not release any Bike(s) to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Bike(s) is/are not returned, lost, stolen or damaged in any way that falls outside of what We view as ‘normal wear and tear’.

14.5 All Prices include VAT at the prevailing rate.

14.6 Hire payments will be taken on a weekly basis for the period of hire. In the event of failure to make payment please refer to paragraph 11.

15. Cancellation of Advance Bookings

15.1 If You make a booking in advance, You may cancel Your booking at any time before the start of the Hire Period subject to the following:

15.1.1 For Orders cancelled more than 24 hours before the start of the Hire Period, there will be no charge and any sums You have already paid to Us for the booking will be refunded in full.

15.1.2 For Orders cancelled less than 24 hours before the start of the Hire Period, You will be required to pay a cancellation fee as per the contract to cover Our lost opportunity to rent the Bike(s) to other customers (or, if You have already made any payments to Us for the booking, We will retain the fee from such sums).

15.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

16. Collection, Hire and Return

16.1 You should check the Bike(s) at the time of collection/delivery to ensure it is as described. The signature of the delivery note will constitute acceptance that the goods delivered were as described and in full working order.

16.2 Any change to the delivery arrangements must be notified in writing 7 working days before the date due for delivery. We are only able to deliver to an address which is detailed on the security I.D You have provided.

16.2 If You discover any damage (pre-existing) or fault with the Bike(s) during the Hire Period, you must inform Us as soon as is reasonably possible, within a maximum of 24hrs.

16.3 For any repairs within Warranty and subject to clause 5.2, We will Use all reasonable endeavours to make a repair at your home/place of work as soon as is possible, without causing You any inconvenience. If We are unable to repair the bike on site, we will replace the Bike(s), with a substitute of the same specification, until the bike You have hired is repaired. Eskuta reserves the right to either then replace the bike(s) or for the replacement bike to be retained by You on a permanent basis.

17. Loss and Damage

17.1 You are responsible for, and will be required to indemnify Us for, any loss or damage.

17.2 In the event that the Bike is returned at the end of the hire period or you do not take up the optional purchase of the bike within 14 days, as per clause 11., any charges under this clause will be taken from your security deposit. If the cost of repairing the damage or replacing the Bike(s) is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.

17.3 We reserve the right to deduct from Your Security Deposit monies for the cost of any repairs required to the Bike noted at the point of return and before the refund of any deposit is made.

18. Termination

18.1 We reserve the right to terminate this Agreement and the immediate return of the Bike(s) should any payment not be made on time by You or You commit a material breach of this Agreement.

18.2 Upon termination We will be entitled to recover possession of the Bike from You together with payment of all sums due from You for the entire agreement, up to that point together with any costs incurred in doing so from You. We reserve the right to deduct any such sums due from Your Security Deposit.

18.3 In the event of failure to pay two consecutive payments we reserve the right to collect the vehicle and charge you for the full outstanding balance in respect of the entire hire period, together with a cost for the collection which will be charged at 65p per mile for a return journey from the Eskuta head office in Nuneaton, Warwickshire, CV10 7SD.

19. Our Liability

19.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

19.2 In any event, our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

19.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

20. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

21. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us by telephone on 024 76 350150, or by email at h2o@eskuta.com

22. Complaints and Feedback

22.1 We always welcome feedback from Our customers and, whilst We always Use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, we nevertheless want to hear from You if You have any cause for complaint.

22.2 All complaints are handled in accordance with Our complaints handling policy and procedure.

22.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Bike(s), please contact Us in one of the following ways:

22.3.1 In writing, addressed to Eskuta Limited, Unit 5 Bermuda Innovation Centre, St. David’s Way, Bermuda Park, Nuneaton, Warwickshire. CV10 7SD.

22.3.2 By email, addressed to h2o@eskuta.com

22.3.3 By contacting Us by telephone on 024 76 350150.

23. How We Use Your Personal Information (Data Protection)

23.1 All personal information that We may Use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

23.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for Using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Us on request.

24. Other Important Terms

24.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

24.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written

24.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

24.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

24.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

24.6 Entirely at Our own discretion, we may offer terms to You at the conclusion of the Hire Period by which You may purchase the Bike from Us. No warranty to do so or assurance is implied into or created by this term.

24.7 These terms and conditions are for the hire of bike(s) and are not subject to FCA regulations, You are not making a purchase for the bike(s)

25. Governing Law and Jurisdiction

25.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

25.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 19.2 above takes away or reduces Your rights as a consumer to rely on those provisions.

25.3 Any dispute, controversy, proceedings, or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

26. Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

27. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Note: This agreement governs a hire arrangement only and does not create a lease or finance agreement. This hire agreement is not regulated by the Financial Conduct Authority (FCA).

For any further information, please contact Eskuta Limited at 024 76 350150 or h2o@eskuta.com.