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Terms and Conditions


Returns
All equipment purchased from Cellhire carries a 30-day money back guarantee. Equipment may be returned within thirty days of receipt by the customer for a full refund of the sale price of the equipment, less any airtime charges incurred while the equipment was in the customer’s possession. The Equipment must be complete as supplied on delivery with the original box, packaging and all accessories and other components provided with the Equipment. All refunds for equipment returns will be made within 90 working days of equipment being returned to and received by Cellhire.

Refunds
All refunds will be made by re-crediting the Customer’s payment card account from which the money was originally debited. All refunds for equipment returns (where equipment has been received by the customer) will be made within 90 working days of equipment being returned to and received by Cellhire.

Delivery
Delivery of the Equipment shall be made by Cellhire to the Customer at the delivery address shown in the Sale Agreement. Any dates quoted for delivery of the Equipment are approximate only and Cellhire shall not be liable for any delay in delivery of the Equipment. All deliveries must be made within the United States or Canada. Missing items and other shipment issues must be reported to Cellhire within five business days of receipt of the equipment by the customer. Orders cancelled after shipment will be subject to a cancellation fee.

Risks and Property
Risk of damage to or loss of the Equipment shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Equipment, the time when Cellhire has tendered delivery of the Equipment.
Notwithstanding delivery and the passing of risk in the Equipment, title to the Equipment shall not pass to the Customer until Cellhire has received in cash or cleared funds payment in full of the price of the Equipment and all other goods agreed to be sold by Cellhire to the Customer for which payment is then due.
Until such time as title to the Equipment passes to the Customer, the Customer shall hold the Equipment as Cellhire's fiduciary agent and bailee.
Until such time as title to the Equipment passes to the Customer Cellhire shall be entitled at any time to require the Customer to deliver up the Equipment to Cellhire and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Equipment is stored and repossess the Equipment to the extent legally permitted.

Terms of Payment
By providing a credit card number for the payment of charges under this Agreement, the Customer represents that he or she is an authorized signer on the account of such credit card. All charges related to this agreement shall be charged to the furnished credit card upon receipt of order. Payment by credit card will be the only form of payment accepted under the terms of this agreement. Limit of two each cellphones and SIM cards per credit card; there is no limit on accessory purchases. Customer must notify Cellhire of any changes to their credit card details. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Cellhire, Cellhire shall be entitled to:
  • cancel the Sale Agreement or suspend any further deliveries to the Customer without notice;
  • charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate equal to the lesser of 2% per month or the maximum lawful rate, from the due date until the date of payment; 
  • charge the Customer any costs incurred by Cellhire, including without limitation reasonable attorneys’ fees, in recovering the overdue amount.
Theft and Loss
Customer is liable for all call charges on their SIM cards under contract to Cellhire up until the point Cellhire is notified of either theft or loss. Notification must be in writing, electronically, to support@cellhire.com. To request disconnection of the service call +1 214 355 5200, opt. 3 immediately. This emergency service is available 24-hours a day.

Warranties and Liabilities
The Parties acknowledge that Cellhire does not manufacture the Equipment and that the Customer is only entitled to the benefit of such warranty or guarantee as is given by the manufacturer to Cellhire.
Cellhire shall have no liability in respect of any defect arising from normal wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the manufacturer's instructions, misuse or alteration or repair of the Equipment without Cellhire's approval.
CELLHIRE MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THE SALE AGREEMENT.
The Customer shall be solely responsible for and shall indemnify and hold harmless Cellhire against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder.
CELLHIRE WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST CELLHIRE FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF SERVICE.
The Customer shall be liable to Cellhire for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Cellhire’s rights under this Agreement.
Any claim by the Customer which is based on any defect in the quality or condition of the Equipment or its failure to correspond with specification shall be reported to Cellhire within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Customer does not notify Cellhire accordingly, the Customer shall not be entitled to reject the Equipment and Cellhire shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Equipment had been delivered in accordance with the Sale Agreement.
Where any valid claim in respect of any Equipment which is based on any defect in the quality or condition of the Equipment or its failure to meet specification is notified to Cellhire in accordance with these Conditions, Cellhire shall replace the Equipment (or the part in question) free of charge or, at Cellhire's sole discretion, refund to the Customer the price of the Equipment in question, but Cellhire shall have no further liability to the Customer.
Cellhire shall not be liable to the Customer for any breach of its obligations under the Sale Agreement caused by circumstances beyond its reasonable control.
Nothing in these conditions shall affect the Customer's statutory rights or exclude any liability which may not be excluded under statute.

Contract Termination
Cellhire will contact each customer 60 days prior to the end date of their contract. The customer will be informed that Cellhire will charge their credit card an amount equal to the then current one year renewal rate unless the customer notifies Cellhire of their intent not to renew. This notification must be in writing, electronically, to support@cellhire.com.

Restrictions:
Offers described in these Terms and Conditions are available only to residents of North America and Canada.

General:
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
The Sale Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any action or proceeding which may be brought with respect to these Conditions shall be brought in a court sitting in New York, New York.
The headings in these Conditions are for ease of reference only and shall not affect the meaning or construction of these Conditions.
No waiver by Cellhire of any breach of the Sale Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision in that or any other Sale Agreement.