NoPosit Terms and Conditions
Terms And Conditions
THE TENANT'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY).
1.1 Tenant: The Contract is between the tenant named in the lease
1.2 Landlord: and the landlord named in the lease
1.3 Term: shall be concurrent with the term of the lease
1.4 Price: £150.00 per person
1.5 Instalments: 6 payments of £25. The initial payment of £25 on signing of the tenancy agreement secures the property and the balance is to be paid by direct debit over the next 5 months
1.6 Benefits: Arrangement by the Agent for the Tenant of:
(a) an enhanced Endsleigh [Third Party] Insurance Policy, giving the Tenant:
(i) £3000 cover for the Tenant’s personal items in the Property.
(ii) £2000 Laptop cover in addition to above.
(iii) £500 Tablet Cover in addition to above.
(iv) £200 of emergency purchases in case of fire or floor in addition to the above.
(v) £5,000 cover for Accidental damage to Landlords’ fixtures and fittings which the Tenant is made liable for in addition to the above.
Examples of Fixtures and Fittings (Covered)
- Built in wardrobes/cupboards (including a wardrobe secured permanently to the wall and never removed from the property)
- Bathroom suites (sinks / baths / toilets)
- Light fitments
- Central-heating boilers, radiators and other plumbing systems
- Built in kitchens and built in kitchen units
- Fixed bedroom furniture (i.e. built in desks)
- Fixed partitions and doors
- Electric sockets
- Curtain Rails
- Security alarm systems
Covered by standard policy – Fire theft and Flood
Any damage caused directly by Fire, flood or theft to the fixtures of fittings listed above, some examples being:
- Student causing a fire that would damage the above fixtures or fittings
- A tap left running that has flooded and damaged above fixtures and fittings
- Covered by including Accidental damage on landlords’ fixtures and fittings:
- Any damage caused directly by Fire, flood, theft or accidental to the fixtures of fittings listed above, some examples being:
- Crockery fallen/damaged oven work surface.
- Pan put onto work surface and damages worktop.
- Items falling/ being dropped on bathroom suites.
- Hair straighteners caused burns to carpet.
- Sports being played indoors and smashed windows.
- Red wine/drink spills on carpets.
- Broken windows.
- Built in Units damaged via horseplay.
- Landlords loose contents and Portable electrical appliances are not covered.
The following definitions and rules of interpretation apply in these Conditions.
Agent: The agent of your landlord as noted in your lease.
Benefits: the Benefits as set out in the Particulars.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Tenant for the supply of the Benefits in accordance with clause 6 (Charges and payment). Commencement Date: has the meaning given in clause 3.7.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.5.
Contract: the contract between the Agent and the Tenant for the supply of Benefits in accordance with these Conditions.
Instalments: the part payments of the Price to be made by the Tenant to the Agent on the dates and on the amount set out in the Particulars.
Property: as described in your lease
Tenant: the person or firm who purchases Benefits from the Agent. Tenant Default: has the meaning set out in clause 5.2.
Noposit Scheme: the provision of the Benefits to the Tenant by or on behalf of or through the Agent
Order: the Tenant's order for Benefits as set out in the Particulars.
Particulars: the description or Particulars of the Benefits provided [in writing] by the Agent to the Tenant.
Price: the price to be paid by the Instalments by the Tenant to the Agent for the Benefits as set out in the Particulars.
Tenancy Agreement: a document by reference to which the Landlord intends to let the Property to the Tenant for the Term
Tenant Deposit: a payment due from the Tenant to the Landlord of £350.00 under the Tenancy Agreement to be held pursuant during the Term to a Tenant Deposit Scheme.
Term: the period set out in the Particulars during which the Tenancy Agreement shall subsist.
Third Party: the various persons named against each Benefit set out in the Particulars.
A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
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.
A reference to writing or written includes fax [and email OR but not email]
Basis of contract
3.1 The Property is available to let through the agency of the Agent. The Agent as the agent of the Landlord.
3.2 The Agent has set up the Noposit Scheme to make the Benefits available to tenants who enter into tenancy agreements of properties let through the agency of the Agent.
3.3 Before letting the Property to the Tenant the Landlord would ordinarily require the Tenant to pay a Tenant Deposit.
3.4 The Tenant wishes to purchase Benefits instead of paying a Tenant Deposit.
3.5 The Order constitutes an offer by the Tenant to purchase Benefits in accordance with these Conditions.
3.6 In return for the Tenant purchasing Benefits and complying with these Terms and Conditions the Agent will procure that the Landlord shall not require payment of a Tenant Deposit.
3.7 The Order shall only be deemed to be accepted when the Agent issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
3.8 The Agent will issue written acceptance of the Order following payment by the Tenant of all Instalments.
3.9 Any descriptive matter or advertising issued by the Agent, and any descriptions or illustrations contained in the Agent's publicity material, are issued or published for the sole purpose of giving an approximate idea of the Benefits described in them. They shall not form part of the Contract or have any contractual force.
3.10 These Conditions apply to the Contract to the exclusion of any other terms that the Tenant seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Supply of Benefits
4.1 The Agent shall arrange the supply of the Benefits to the Tenant by the relevant Third Party in accordance with the Particulars in all material respects.
4.2 The Agent shall use all reasonable endeavours to ensure that the relevant Third Party makes the Benefits available to the Tenant throughout the Term.
4.3 The Agent reserves the right to amend the Particulars if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Benefits, and the Agent shall notify the Tenant in any such event.
4.4 The offers made available at Cappuvino Bar and Roastery will vary from time to time and satisfactory personal identification must be shown to staff prior to purchasing products. (Management decision is final as to whether to accept the identification shown).
5.1 The Tenant shall:
ensure that the terms of the Order and any information it provides in the Particulars are complete and accurate;
co-operate with the Agent in all matters relating to the Benefits;
provide the Agent with such information and materials as the Agent may reasonably require in order to supply the Benefits, and ensure that such information is complete and accurate in all material respects;
at all times comply with the Tenant’s obligations under the Tenancy Agreement;
to act in relation to the Property in the same tenant-like manner as if they had paid a Tenant Deposit.
To report to the Agent the damage suffered by the Property and/or the Landlord’s fixtures and fittings therein as damage occurs and to indemnify the Landlord fully in relation to damage caused to the Property and the Landlord’s fixtures and fittings during the Term irrespective of the outcome of a claim whether by the Tenant or the Landlord to an insurer for indemnity against the cost of repairing such damage.
To pay the landlord under the indemnity given in clause 5.1(f) within seven days of receipt of invoice therefor.
At the end of the Term to yield up possession to the Landlord of the Property with the Landlord’s fixtures and fittings in the condition that the Tenant is required to hand them back in accordance the provisions of the Tenancy Agreement (fair wear and tear excepted).
5.2 If the Tenant fails to perform any relevant obligation (Tenant Default):
without limiting or affecting any other right or remedy available to it, the Agent shall have the right to suspend performance of the Benefits until the Tenant remedies the Tenant Default, and to rely on the Tenant Default to relieve it from the performance of any of its obligations in each case to the extent the Tenant Default prevents or delays the Agent's performance of any of its obligations;
the Agent shall not be liable for any costs or losses sustained or incurred by the Tenant arising directly or indirectly from the Agent's failure or delay to perform any of its obligations as set out in this clause 5.2; and
the Tenant shall reimburse the Agent on written demand for any costs or losses sustained or incurred by the Agent arising directly or indirectly from the Tenant Default.
Price and payment
6.1 The Tenant covenants to pay the Price by the Instalments.
6.2 The Tenant shall pay each Instalment to the Agent:
on a before the due date specified in the Particulars]; and
in full and in cleared funds to a bank account nominated in writing by the Agent, and
time for payment shall be of the essence of the Contract.
6.3 In default of payment of any one Instalment previous Instalments shall be forfeit to the Agent, the Tenant’s’ Order shall be null and void and the Tenant shall instead be required to pay a Tenant Deposit under the provisions of clause 4.7.1. of the Tenancy Agreement.
6.4 The operation of the Noposit Scheme is subject to and does not override the provisions of clause 2.1.27 of the Tenancy Agreement, which clause shall have effect at all times throughout the Term, not just at or after the expiry of the Term.
6.5 The Tenant shall comply with all the requirements of it pursuant to the Noposit Scheme and a breach by it of these Terms and Conditions shall be a breach by it of the terms of the Tenancy Agreement.
6.6 All amounts payable by the Tenant under the Contract are inclusive of amounts in respect of value added tax (VAT) and Insurance Premium Tax (IPT) chargeable from time to time.
6.7 If the Tenant fails to make a payment due to the Agent under the Contract by the due date, then, without limiting the Agent's remedies under clause 9, the Tenant shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.6 will accrue each day at 3% a year above the Bank of England's base rate from time to time, but at 3% a year for any period when that base rate is below 0%.
6.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Limitation of liability: THE TENANT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
7.1 Under no circumstances shall be Agent have any liability to the Tenant of whatever kind for:
the failure by a Third Party to provide the relevant Benefit;
any substitution by a Third Party of a Benefit different to that specified in the Particulars
7.2 Nothing in the Contract limits any liability which cannot legally be limited, including [but not limited to liability for breach of the terms implied by section 2 of the Supply of Goods and Benefits Act 1982 (title and quiet possession). 7.3 Subject to clause 8.1, the Agent's total liability to the Tenant shall not exceed £50. The Agent's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
7.4 The Agent has given commitments as to compliance of the Benefits with relevant Particulars in clause 4. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Benefits Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.5 Unless the Tenant notifies the Agent that it intends to make a claim in respect of an event within the notice period, the Agent shall have no liability for that event. The notice period for an event shall start on the day on which the Tenant became, or ought reasonably to have become, aware of the event having occurred and shall expire one month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. 7.6 This clause 8 shall survive termination of the Contract.
8.1 Without affecting any other right or remedy available to it, the Agent may terminate the Contract by giving the Tenant 7 days’ written notice.
8.2 Without affecting any other right or remedy available to it, the Agent may terminate the Contract with immediate effect by giving written notice to the Tenant if the Tenant commits a material breach of any term of the Contract or any of the Tenant’s Obligations under the Tenancy Agreement and (if such a breach is remediable) fails to remedy that breach within seven days of the tenant being notified in writing to do so;
8.3 Without affecting any other right or remedy available to it, the Agent may terminate the Contract with immediate effect by giving written notice to the Tenant if the Tenant fails to pay any amount due under the Contract on the due date for payment.
8.4 Without affecting any other right or remedy available to it, the Agent may suspend the supply of Benefits under the Contract or any other contract between the Tenant and the Agent if the Tenant fails to pay any amount due under the Contract or under the Tenancy Agreement on the due date for payment.
Consequences of termination
9.1 On termination of the Contract the Tenant shall immediately pay to the Agent all of the Agent's outstanding unpaid invoices and interest and, in respect of Benefits supplied but for which no invoice has been submitted, the Agent shall submit an invoice, which shall be payable by the Tenant immediately on receipt;
9.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract or of any of the Tenant’s Obligations under the Tenancy Agreement which existed at or before the date of termination or expiry.
10.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.2 Assignment and other dealings.
The Agent may at any time assign, subcontract or delegate any or all of its rights and obligations under the Contract.
The Tenant shall not assign, transfer or delegate or deal in any other manner with any of its rights and obligations under the Contract.
10.3 Entire agreement.
With the Tenancy Agreement the Contract 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.
The Tenant acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. The Tenant agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
10.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at:
in the case of the Agent at their registered office.
in the case of the Tenant at the Property.
Any notice or communication shall be deemed to have been received:
if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;and
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
10.8 Third party rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
10.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
10.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
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