This Hire Purchase Agreement is governed by the Consumer Credit Act 1974 (Act) and is made on the date
the £10 administration charge is paid by the Hirer to the Owner.
This Hire Purchase Agreement (the Distributor Tablet Agreement or DTA) is made between
Utility Warehouse Limited 2017. Reg'd in England, no. 4594421, whose registered office
is at Network HQ, 508 Edgware Road, The Hyde London NW9 5AB (Owner), and the Partner (the Hirer),
each a Party and together, the Parties.
Whereas the Hirer agrees to hire and purchase a Samsung Galaxy Tab 4 10.1 and accompanying accessories
(or such alternative equivalent tablet as shall be supplied by the Owner), a branded keyboard and case
(together the Equipment) from the Owner for the primary purpose of growing the Hirer's business
in accordance with the Distributor agreement entered into between the Owner and the Partner (Distributor
Agreement) and the Owner is willing to hire and sell the Equipment to the Hirer.
The Parties hereby agree as follows:
- 1. From the date of this DTA, the Hirer will make monthly payments of £10 to the Owner for the hire
and purchase of the Equipment (being £9 for the Tablet and accessories and £1 for the branded
keyboard and case) (Payment), until the total price of £300 plus the £10 non-refundable
fulfilment charge has been paid (Total Price), or this DTA is terminated. The first monthly
Payment will be due during the calendar month following the date upon which the Hirer received the
- 2. Each Payment will be collected in accordance with the following rules based on the Hirer's net
monthly commission, payable to the Hirer under the Distributor Agreement (Commission), which
for the avoidance of doubt shall include both any renewal fees payable by the Partner and any
clawback of CGB:
- i) If the Commission in any month exceeds £15, the Payment for that month will be collected
by deduction from the Commission; and
- ii) If the Commission in any month is between £0 and £15, the Owner will pay the Commission
to the Hirer and separately collect the Payment for that month by direct debit from the
Hirer's bank account or from any credit/debit card provided by the Hirer to the Owner; and
- iii) If the Commission (after deducting any renewal fees but excluding any clawback of CGB)
is less than £0, then the Owner will collect both the Payment for that month and the
negative commission (but excluding any clawback of CGB) together as a single direct debit
from the Hirer's bank account or as a single payment from any credit/debit card provided by
the Hirer to the Owner.
- 3. The Hirer will be liable for each monthly Payment on the date that the Commission is calculated;
such Payments will not be pro-rated.
- 4. The Hirer may cancel this DTA at any time during the first 14 days by returning the Equipment to
the Owner in its’ original packaging and in the same condition as they received it, and notifying
the Owner accordingly.
- 5. The Owner may terminate this DTA if the Hirer does not take delivery of the Equipment at the
College of Excellence Getting Started Skills training session at which the Owner has arranged to
provide the Equipment (for Partners who have not completed this training), or if the Owner has been
unable to deliver the Equipment to the address provided by the Hirer (for Partners who have
completed this training).
- 6. The Hirer may terminate this DTA after they have made at least three monthly payments, by
returning the Equipment to the Owner. Any Payments due up until the date on which the returned
Equipment is received by the Owner will remain due and payable by the Hirer.
- 7. The Hirer may, at any point during the term of this DTA, make additional payment or settle the
remaining balance owed under this DTA at which point title in the Equipment will pass to the Hirer
in accordance with clause 13.
- 8. The Owner may terminate this DTA at any time, with immediate effect, if the Hirer ceases to be a
Partner under the Distributor Agreement or is in material breach of any term of this DTA or the
- 9. Following termination for whatever cause, the Hirer may i) pay the remaining balance of the Total
Price of the Equipment and ownership of the Equipment will transfer to the Hirer in accordance with
clause 13, or ii) will return the Equipment to the Owner within 10 days of the date of termination.
- 10. Where the Hirer chooses to return the Equipment to the Owner, the Hirer is responsible for the
cost of returning the Equipment in its original packaging to the Owner and for ensuring its safe
- 11. If, when the Owner receives any Equipment back from the Hirer it determines that any components
that were originally supplied (including, for example, the charger and stylus) are missing, or the
damage to the Equipment exceeds fair wear and tear (ie is in a condition that does not enable the
Equipment to be re-used by another Partner, such as having a scratched or broken screen) the Owner
will charge the Hirer the cost of replacing the missing components or damaged parts.
- 12. If the Hirer, following termination for whatever cause elects to return the Equipment pursuant
to clause 9(ii) and fails to return such Equipment within 10 days the Owner will collect the
remaining balance of the Total Price by direct debit from the Hirer's bank account or from any
credit/debit card provided by the Hirer to the Owner. The Owner reserves the right to withhold any
future Commission until the remaining balance of the Total Price has been collected.
- 13. Title and ownership of the Equipment shall remain with the Owner until the Total Price has been
paid to the Owner, at which time it will pass to the Hirer. Where the Total Price is not paid and
the Hirer returns the Equipment to the Owner, the Hirer will have no interest in the Equipment nor
any right to a refund of any Payment previously made to the Owner.
- 14. The Hirer warrants that they will keep the Equipment in their possession, operate it in
accordance with the manufacturer's operating instructions and only for the purpose it was designed,
and not use or allow it to be used for any illegal or immoral purpose.
- 15. The Hirer will bear the entire risk of loss and/or damage to the Equipment from any and all
causes whatsoever. In the event of such loss or damage prior to title passing to the Hirer, the
Hirer shall either continue to pay the outstanding monthly Payments, or shall pay the Owner the
Total Price less any monthly Payments already made by the Hirer.
- 16. The Hirer will receive the benefit of, and will be responsible for making, any claims under
warranty. Where such claims are made using the warranty exchange procedures provided with the
Equipment, then the Hirer will benefit from a 30 month warranty from the date of this DTA. The Owner
provides no direct warranties to the Hirer in relation to the Equipment.
- 17. In the event that after having made three Payments to the Owner the Hirer has a complaint
relating to this DTA, the Hirer will notify the Owner in writing, and the Owner will respond within
10 business days. If the dispute is not resolved within 40 business days of the Owner's response,
this DTA will terminate automatically and the Hirer will either pay the remaining balance of the
Total Price, or return the Equipment within 10 days to the Owner (complete and in good condition,
fair wear and tear excepted) and will have no claim of ownership over the Equipment.
- 18. Nothing in this DTA shall exclude or limit the Owner's liability for: death or personal injury
arising from the Owner's negligence; fraud or fraudulent misrepresentation; or any other liability
that cannot be limited or excluded by law.
- 19. The warranties and conditions stated in this DTA are in lieu of all other conditions, warranties
or other terms that might be implied into or incorporated into this DTA whether by statute, common
law or otherwise, all of which are hereby excluded to the extent permitted by law.
- 20. The Owner will not be liable to the Hirer under any statute or in contract, tort or otherwise
for any: loss of profits, business revenue, business opportunity, contracts, goodwill and/or
anticipated savings; and/or indirect or consequential loss or damage, that arise out of, or in
relation to, this DTA or any failure of the Equipment.
- 21. Each Party's total aggregate liability to the other under or in connection with this DTA
(whether such liability arises under any statute or in contract, tort or otherwise) shall be limited
to the Total Price.
- 22. The Hirer may not assign its rights in this DTA to a third party.
- 23. A Partner may only have one DTA in force at any time.
- 24. After termination of this DTA for any reason, save following transfer of ownership to the Hirer
pursuant to clause 13 or termination pursuant to clause 5, the Hirer will not be permitted to enter
into another DTA.
- 25. If there is any part of this DTA that is illegal, unenforceable or invalid in whole or in part
the remaining provisions of this DTA shall continue to be binding and in full force and effect.
- 26. All notices must be in writing. Notices for withdrawal in accordance with clause 4 or
termination in accordance with this DTA may be sent to the Owner by post to the address set out at
the beginning of this DTA.
- 27. All terms and conditions, information and communications relating to this DTA will be in
- 28. DTA is governed by the laws of England and Wales and the parties hereby submit to the exclusive
jurisdiction of the English Courts.
- 29. The Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London, EC4Y 8JX is the
supervisory authority under the Act until 1 April 2014.
- 30. From 1 April 2014, The Financial Conduct Authority, 25 The North Colonnade, Canary Wharf,
London, E14 5HS, is the supervisory authority under the Act.
- 31. I, the Hirer, accept the above terms and conditions and am authorised to enter into this DTA.