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Rent Modius Terms and Conditions

Rental Model: Terms and Conditions

  1. Interpretation
  2. Basis of Contract
  3. Shipments; Delivery; Title and Risk of Loss
  4. Prices and Payment Terms
  5. Order Acceptance and Cancellation
  6. Care of Hire Goods
  7. Loss or Damage to the Hire Goods
  8. Default
  9. Limitations of Liability
  10. Intellectual Property Use and Ownership
  11. General

 

  1. Interpretation

1.1 In these general terms and conditions (the “Terms”) unless the context otherwise requires, the following expressions shall have the following meanings:

Carrier” means a reputable carrier organisation responsible for carrying the Goods to and from the Customer;

Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods;

Customer” means the person, firm, company or other organisation hiring Hire Goods;

Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;

Hire Goods” means any article and/or device together with any accessories specified in a Contract which are hired to the Customer;
Hire Period” means the period commencing when the Customer receiving the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending 3 months subsequent to this date.

Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
Products” means the products on hire to the Customer from the Supplier;

Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

Services” means the services to be supplied by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.

Supplier” means Neurovalens Ltd, 8 Carmagrim Road, Portglenone, BT44 8BP and will include its employees, servants, agents and/or duly authorised representatives;

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.5 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.6 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.8 These Terms are subject to change by Neurovalens Limited (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion

 

  1. Basis of Contract

2.1 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer.

2.3 You acknowledge and agree that the Hire Goods are classified by the U.K. Medicines and Healthcare products Regulatory Agency, as a wellness device and should not be used to diagnose, treat, cure, mitigate or prevent any specific diseases, illnesses or medical conditions.

2.3 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the hire shall not exceed 3 months. The Hire Term commences on the day that the Customer accepts physical receipt of the goods as tracked by our Carrier.  The Hire Term finishes 3 months subsequent of the date of receipt of Hire Goods.  The Customer shall return the Hire Goods to the Supplier within 7 days of the end of the Hire Term. If the Customer fails to do this then it shall be liable for any financial loss which this causes the Supplier.  For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

2.4 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect.

2.5 The Order constitutes an offer by the Customer to hire goods from the Supplier in accordance with these Conditions.

2.6 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained on the Supplier’s website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other Contract between the Supplier and the Customer for the supply of the Services.

 

  1. Shipments; Delivery; Title and Risk of Loss

3.1 We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. Domestic shipping and handling charges will be specified during the ordering process and will be included as part of the listed cost of the Hire Goods.

3.2 Risk of the Hire Goods pass to you upon our transfer of the Products to the Carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of the Hire Goods do not pass back to us until the Hire Goods are back in the physical possession of us. This shall apply even if we have agreed to cease charging the Rental.

3.3 Title in the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Title in any Products remains with the Supplier at all times.

3.4 The estimated delivery lead-time during the checkout process is usually within 7 working days. In the unlikely event that your goods have not been delivered within this timeframe, you should notify us within 14 days of placing your order and we will investigate this. We are under no obligation to accept any claims for non-receipt of goods received after this time.

3.5 Delivery and collection will be made using a courier service unless other arrangements are made at the time of booking.  This will be booked using the delivery schedules available to us by the courier.  It is your responsibility to ensure someone is available at the delivery and collection address on the dates agreed; charges may be incurred and deducted from your deposit due to a failure on your part to meet the courier.

 

  1. Price, Deposit and Payment Terms

4.1 All prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a product/service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes.   We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

4.2 We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

4.3 The Customer shall pay the Deposit, Rental, charges for any Services and/or any other sums payable under the Contract to the Supplier at the time and in the manner agreed. The Supplier's prices are, unless otherwise stated, inclusive of any applicable VAT.

4.4 Provided the goods are returned to us within 7 days of the end date of the Hire Period and in the same condition as you received them, and in the absence of any agreement to the contrary, we shall return the deposit to you in full.

4.5 If the Hire Goods are not returned in the condition in which it was hired to you, for whatever reason, we reserve the right to retain some or all of the deposit paid.  This covers loss of or damage to the equipment, or anything needing more than an acceptable level of cleaning including, but not limited to, stains or odours that cannot be easily removed.

4.4 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, and PayPal for all purchases. You represent and warrant that:

  • the credit card or PayPal information you supply to us is true, correct and complete;
  • you are duly authorized to use such credit card or PayPal account for the purchase;
  • charges incurred by you will be honored by your credit card company or PayPal;
  • you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. Timely payment of the price and all other related charges is of the essence.

4.5 If any sum payable under this Agreement is not paid by its due date, we may require you to pay us interest at the rate of 5 per cent per month accruing daily from the date on which payment fell due through to the date payment is received by us, whether before or after any judgment which may be awarded against you.

4.6 If the Customer fails to make any payment in full on the due date the Supplier retains the right to remotely deactivate the Hire Goods.  The Hire Goods may be reactivated once all outstanding debts have been settled by the Customer.  Reactivation can be arranged by contacting team@modiushealth.com. The period of deactivation does not create any extension to the Hire Term.

 

  1. Order Acceptance and Cancellation

5.1 You agree that your order is an offer to hire under these Terms, all products listed in your order.

5.2 Each order is subject to acceptance or rejection by us, in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

5.3 Each accepted order will be interpreted as a single agreement, independent of any other orders. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.

5.4 You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at team@modiushealth.com where you will be issued with an RMA number.

 

  1. Care of Hire Goods

6.1 The Customer shall:

6.1.1 Not interfere with the Hire Goods, their working mechanisms or any other parts of them and take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer and notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;

6.1.2 Take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;

6.1.3 Notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods and permit the Supplier at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;

6.1.4 Keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of the Supplier;

6.1.5 Not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person;

6.1.6 When the Hire Goods requires charging, ensure that the correct supply voltage is used;

6.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with any other documents relating to the Hire Goods.

6.3 The Customer during the continuance will not sell or offer for sale, assign, lend or otherwise deal with the equipment or any parts thereof in a manner prejudicial to the Owner’s rights, but will keep the equipment in its possession and will not  remove the same or any part or parts thereof from the place where the equipment is for the time being without the previous consent of the Owner.  The Customer will indemnify the Owner against all losses, costs, charges, damages and expenses incurred by it by reason or in respect thereof.

 

  1. Loss or Damage to the Hire Goods

7.1 Allowance will be made in relation to the Rental to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier immediately of the breakdown.

7.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods. 

The Customer will pay to the Supplier the replacement cost on a new for old basis of Hire Goods which are lost, stolen, damaged beyond economic repair during the Hire Period. The same applies in a situation where the Customer does not return the Hire Goods to the Supplier.

7.3 The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear and/or an inherent fault.

7.4 The Customer must not repair or attempt to repair the Hire Goods.

7.5 The Supplier is under a legal duty to supply Goods that are in conformity with the Contract between the parties. In such circumstances, the Customer has legal rights in relation to Goods that are faulty or not as described.

 

  1. Default

8.1 If the Customer:

8.1.1 fails to make any payment to the Supplier when due;

8.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

8.1.3 persistently breaches the terms of the Contract;

8.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

8.1.5 appears to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or

8.1.6 appears reasonably to the Supplier to be about to suffer any of the above events;
then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 8.2 below.

8.2 If any of the events set out in clause 8.1 above occurs in relation to the Customer then:

8.2.1 the Supplier may withhold the performance of any Services and cease any Services in progress;

8.2.2 the Supplier may cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or

8.2.3 all monies owed by the Customer to the Supplier shall immediately become due and payable.

8.3 Any repossession of the Hire Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any antecedent breach.

8.4 Upon termination of a Contract the Customer shall immediately:

8.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier;

8.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract

 

  1. Limitations of Liability

9.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

9.2 Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.

9.3 The Supplier shall have no Liability to the Customer if any money due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment.

9.4 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

9.5 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.

9.6 The Supplier shall have no Liability to the Customer for any:

9.6.1 Consequential losses;

9.6.2 Economic and/or other similar losses;

9.6.3 Special damages and indirect losses; and/or

9.7 The Supplier’s total liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000 whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.

9.8 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

9.8.1 Liability for breach of Contract;

9.8.2 Liability in tort (including negligence); and

9.8.3 Liability for breach of statutory duty.

9.9 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

  • Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  • Fraud or fraudulent misrepresentation; or
  • Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

9.10 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

9.11 This clause shall survive termination of the Contract.

 

  1. Intellectual Property Use and Ownership and Privacy

10.1 Our name, the term Modius, our logo and all related names, logos, product and service names, designs and slogans are our trademarks. All specifications, instructions, documentation or other written materials included with the products are copyrighted by us.

10.2 You acknowledge and agree that Neurovalens is and will remain the sole and exclusive owner of all such intellectual property rights and the intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, trade secrets, and other intellectual property rights.

10.3 You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products and/or Services made available through this Site, or of any intellectual property rights relating to those products.

10.4 We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Hired Products.

 

  1. General

11.1 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.

11.2 The Customer shall be liable for any acts and/or omissions under this Contract.

11.3 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of Statutory duty by the Customer.

11.4 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

11.5 The Supplier shall have no Liability to the Customer for any delay and/or non-performance of a Contract to the extent that such delay is due to any events outside the Supplier’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

11.6 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

11.7 Waiver:

  • A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
  • Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

11.8 Severance:

  • If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
  • If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.9 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

11.10 A person who is not a party to the Contract shall not have any rights under or in connection with it.  All third party rights are excluded and no third parties shall have any rights to enforce the Contract.

11.11 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier.

11.12 All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Northern Ireland and the Courts of Northern Ireland shall have exclusive jurisdiction to deal with any dispute.