Terms and Conditions
CALL OUT & LABOUR CHARGE.
The Customer agrees to a charge for call out and labour unless the Customer is under a maintenance contract. [see maintenance contract T&C’s] The call out fee is subject to increase without prior notice. All charges are subject to VAT.
DELIVERY.
The Customer acknowledges that a delivery fee is in place for orders which do not meet the minimum requirements for free delivery. Free Delivery is excluded from areas outside of Till Point Ltd selected delivery zone. Deliveries outside of Till Point Ltd selected delivery zone will be delivered when a driver is in or passing the excluded area. The Customer acknowledges that a packing and postage fee is in place for all deliveries sent via Royal Mail or DPD Next Day Delivery. All charges are subject to VAT.
INSTALLATION.
The Customer must inform Till Point Ltd of any change in circumstance prior to installation of equipment. If the agreed installation date cannot be met, the Customer will inform Till Point Ltd immediately and vice versa. Both parties must come to an agreement on a second installation date if the previous date cannot be met.
RENTAL.
All rental equipment must include a rental agreement signed by the Customer. If the Customer refuses to sign and agree to the Rental Terms and Conditions, Till Point Ltd have the right to withdraw the rental equipment and installation will be cancelled. [for further information, please see the terms and conditions of the rental on the agreement contract].
INSPECTION.
The Customer acknowledges they have had an opportunity to personally inspect the equipment and find it suitable for their needs and in good condition, and they understand its proper use. The Customer further acknowledges their duty to inspect the equipment prior to use and notify Till Point Ltd of any defects or programming errors immediately.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT.
If the equipment becomes unsafe or in disrepair because of normal use, The Customer agrees to discontinue use and notify Till Point Ltd immediately of the issue. Till Point Ltd have a duty to replace the equipment with similar equipment in good working order, if available. Till Point Ltd are not responsible for any incidental, accidental, or consequential damages caused by the Customer.
WARRANTIES.
The Customer agrees to 1 year’s warranty cover for new equipment only installed at their premises. This warranty cover starts on the date of installation and expires the following year. It is the Customers responsibility to contact Till Point Ltd before the 1-year warranty expires to extend their warranty cover. Failure to contact Till Point Ltd results in the equipment not being covered under maintenance and all work carried out after the 1st year will be subject to charges.
PROHIBITED USES.
Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract.
A. Use for illegal purpose or in illegal manner.
B. Use when the equipment is in bad repair or is unsafe.
C. Unproper, unintended use or misuse
D. Use by anyone other than the Customer or their employees, without Till Point Ltd written permission.
E. Use at any location other than the address on documentation, without Till Point Ltd written permission.
LOANS AND RENTAL OF EQUIPMENT.
Till Point Ltd may assign their rights under this contract without the Customers consent but will remain bound by all obligations herein. The Customer may not sublease or loan the equipment without Till Point Ltd written permission. Any purported assignment by the Customer is void.
TIME OF RETURN.
The Customers right to possession terminates on the expiration of the rental period (“Due In” Date & Time) and retention of possession after this time constitutes a material breach of this contract. Any extension must be mutually agreed upon in writing by both parties.
LATE RETURN.
The Customer agrees to the return of rented goods during Till Point Ltd regular trading hours, upon expiration of the rental period (“Due In” Date & Time). The Customer agrees that if the rented goods are held beyond the expiration of the rental period (“Due In” Date & Time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
DAMAGED, INOPERABLE OR LOST EQUIPMENT.
The Customer agrees to pay for any damage to or loss of goods, as an insurer, regardless of the cause, except reasonable wear and tear, while the goods are out of the possession of Till Point Ltd. The Customer also agrees to pay for replacement equipment if deemed faulty or inoperable when returned to Till Point Ltd. Equipment lost, stolen or damaged beyond repair is to be paid for by the Customer at its current list price. The cost of repairs will be borne by the Customer, whether performed by Till Point Ltd, or, at Till Point Ltd request, by a third party.
TIME OF PAYMENT.
Accounts are due and payable on receipt of invoice without prior notice or demand. If any amounts under this contract are more than 3 days late, Till Point Ltd have the right to recall the equipment and collect from the customers premises without prior notice. The Customer will be liable for all outstanding rental and administrative costs. If rental payments are not set up on Direct Debit, the Customer acknowledges the rental fee will be increased as per the singed agreement.
REPOSSESSION.
If the Customer account is in arrears and the Customer refuses contact with Till Point Ltd, Till Point Ltd have the right to terminate this contract and take possession of and remove goods from wherever they are. Till Point Ltd and their agents shall not be liable for any claims for damage or trespass arising out of the removal of goods.
COLLECTION COSTS.
The Customer agrees to pay all reasonable collection and court fees and other expenses involved in the collection of the charges or enforcement of Till Point Ltd rights under this contract.
OVERDUE ACCOUNTS.
The customer acknowledges that if their account is overdue and in arrears, Till Point Ltd will put a hold on the Customer account. Once a hold is on the account, no work is to be carried out until full payment is received. If late and persistent nonpayment continues, the Customer account will be closed, and the rental agreement is terminated.
TECHNICAL SUPPORT.
The Customer acknowledges that Till Point Ltd are available for technical support during the normal operating hours. The Customer understands that any technical support required out of Till Point Ltd normal operating hours will be dealt with in due course.
TERMS OF LOAN.
The term for all rental equipment is ongoing for a minimum of 12 months. In the event of the rental cost being frozen by Till Point Ltd for any period, the frozen period will be added onto the payment term and must be paid in full. The loan will automatically be renewed on 1st each month (“Due In” Date & Time) until the Customer notifies Till Point Ltd of the intention to terminate the loan 30 days prior to the end date. If the Customer does not inform Till Point Ltd 30 days prior to termination, the Customer will be charged for the month rental fee. The Customer shall keep and maintain the rented equipment during the terms of the rental. The customer shall keep the rented equipment in good state of repair, normal wear and tear expected. Accidental damage caused by acts of negligence such as spillages, screen damage and breakages are not covered under this agreement and will result in additional costs.
TERMS OF CLOUD FACILITY.
Customers shall pay for the Cloud Back Office facility on (“Due In” Date & Time) of each month. If any amounts under this agreement are 3 days late, the Cloud Back Office facility will become inoperable. Once inoperable, the Customer agrees to pay a reactivation fee to regain access to the facility. Failure to pay fees beyond the due date will result in the Cloud Back Office facility being terminated. Once the Cloud Back Office facility is terminated the Customer can no longer use this service or retrieve any data. Therefore, under this contract, the Customer agrees to pay the rental fee on (“Due In” Date & Time) via Direct Debit each month to avoid further charges and loss of data.
PROGRAMMING & SOFTWARE USAGE.
The Customer acknowledges that they have had an opportunity to inspect programming work carried out by Till Point Ltd and find it suitable for their needs. It is the Customers responsibility to ensure all programming work carried out by Till Point Ltd is correct and to the standards they expect. Till Point Ltd shall not be made liable for the Customers loss of earnings due to programming errors under this contract. If the Customer takes it upon themselves to program the equipment, they must ensure they have the knowledge and understanding of the work they are carrying out themselves. The Customer agrees to pay a reasonable fee for any programming errors, software malfunctions or loss of information due to misconception which Till Point Ltd must rectify.
BACK UP OF DATA.
The Customer agrees they are liable for not backing up data on their equipment. Till Point Ltd are not responsible for any Customer who does not, unintentionally, or unknowingly forget, to back up their data. Due to the GDPR regulations it is up to the Customer to ensure all data is accurate, up to date and secure. Therefore, Till Point Ltd highly recommend Customers back up their data daily in the event of any mishaps or investigations into GDPR breaches.
PAYMENTS MADE OVER THE PHONE.
The Customer acknowledges a screen check is in place for all card payments made to Till Point Ltd over the phone. The screen check ensures the Customers details are correct and detects any fraud activity. Till Point Ltd never keep customer card details stored on any device. All Customers details remain private and secure when using the card payment service. If any fraudulent activity appears on the customer account, Till Point Ltd will always advise customer to immediately contact their bank.
DELIVERY & POSTAGE CHARGES.
The Customer understands any items packaged & posted will be charged at standard rate and will be shown on invoice of goods. If the Customer is not within our selected area for delivery, then the Customer acknowledges a fee will be charged upon delivery. The customer also acknowledges that if an account is not set up on the Till Point Ltd system, they are to pay for all goods upon delivery either by Cash or Debit Card.
POSITION REQUIREMENTS.
The Customer agrees to inform Till Point Ltd of their current position to the business. The Customer must verify their position by ticking the correct options on the agreement and stating the renters name if applicable. The Company require this information so Till Point Ltd can contact the renter for retrieval of rental equipment if necessary. If in any event where the renter cannot be contacted or is not stated on the above agreement, Till Point Ltd have the right to inform the Police of stolen goods and the Customer will be liable for all outstanding costs of the equipment and all outstanding rental payments.
INVESTIGATIONS.
All stock, sales, or private information which the Customer is requesting Till Point Ltd to investigate must be given in writing in an email to support@tillpoint.co.uk. Due to GDPR, Till Point Ltd cannot give out information regarding the Cloud Back Office software, sales data, or breach of information over the phone. All investigations must be carried out once an email has been sent by the Customer. Once the email has been sent by the Customer requesting Till Point Ltd to carry out an investigation, only then can the investigation begin.
GENERAL OBLIGATIONS.
Till Point Ltd will install the equipment and provide services to the Customer to enable the equipment to be used at the Customers premises for the duration of the agreement, providing the Customer account is not in arrears [see clause 9-12]. The Customer will keep the equipment in good condition (reasonable wear and tear expected after continuous use) throughout the duration of the agreement and will comply with all instructions given by Till Point Ltd. The Customer will keep the equipment safe and protected from accidental or incidental damage as well as against risk of loss or theft during the agreement period. The Customer will ensure that all labels and identification on the equipment identifying it as the property of Till Point Ltd remain in place throughout the rental agreement period. The Customer must immediately inform Till Point Ltd of any loss or damage occurring to the equipment during the rental period. If for any reason the Customer leaves the premises or sells the business, Till Point Ltd must be contacted immediately to arrange collection of the rental equipment. If Till Point Ltd are not contacted or the Customer is avoiding contact with Till Point ltd, the local authorities will be contacted for retrieval of the equipment and any outstanding debts will be sent to the debt collection agency and bailiffs. The Customer acknowledges and agrees that upon signing this document they are agreeing to the Terms and Conditions outlined in the rental agreement contract.