Borrower’s Agreement & Items Use Policy
- This agreement relates to borrowing from Benthyg ACE at Dusty Forge managed by ACE - Action in Caerau and Ely and borrowing via events and mobile delivery/collection managed by Benthyg Cymru. Benthyg ACE and Benthyg Cymru are separate legal entities working in partnership.
- Members must be age 18 or over to borrow items from Benthyg ACE/Benthyg Cymru.
- Prior to borrowing items, all Members must create an online account inclusive of email address and credit / debit card.
- Benthyg ACE/Benthyg Cymru staff and volunteers are available to assist in explaining operation of items. However, by taking possession of any item, the Member is certifying that he or she is capable of using that item in a safe and proper manner.
- Only the Member is authorised to use Benthyg ACE/Benthyg Cymru items. The Member shall not permit the use of items checked out to him or her by any other person unless by the express permission of the Benthyg ACE/Benthyg Cymru.
- Members may be charged for borrowing an item. Method of payment is negotiable. Payment methods include – Money, Time Credits or Skills.
- There is no charge for individual membership, but you may make a donation. Organisations, both commercial and not-for-profit groups, will be charged a small membership fee.
- All items borrowed are to be returned by close of business on their return date.
- Members may renew each item if (a) the Member contacts Benthyg ACE/Benthyg Cymru by noon on the day that the return date, and (b) no other Member has reserved the item. Benthyg ACE/Benthyg Cymru reserves the right to refuse or limit renewals. Benthyg ACE/Benthyg Cymru will only be liable to you for loss or damage caused by our negligence in failing to tell you about a known fault. We will not be liable for faults of which we are not aware of. Other than this Benthyg ACE/Benthyg Cymru exclude all liability for death or personal injury caused by our negligence or breach of contract. Because we are not a commercial business, the risk to you is greater than if you were paying to hire something or buy it.
- The Member agrees that Benthyg ACE/Benthyg Cymru is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items. Each time you take an item out you must check it visually before you take it, and make other checks for any faults that you may be able to identify before using it. The Member agrees that if any borrowed item becomes unsafe or in a state of disrepair, he or she must immediately discontinue use of the item and notify Benthyg
- If you are borrowing electrical equipment you must check the visible wires and plug for any damage before use. If you are using the item outside, moving it about, or using it in circumstances where it may encounter water, anything sharp or other electrical wiring, you must use a circuit breaker.
- All items are to be returned in the same condition as they were issued, barring normal wear and tear. All items must be returned clean. Benthyg ACE/Benthyg Cymru and the Member will come to an individual agreement in respect of any loss of or damage to any item and the Member further agrees to accept the Benthyg ACE/Benthyg Cymru's assessment of condition of items and on return engage in discussion of fair restitution for damage, dirtiness, delinquency, and/or loss of items. Benthyg ACE/Benthyg Cymru reserves the right to refuse the loan of any item at its discretion.
- If Benthyg ACE/Benthyg Cymru is not the owner of the item and only facilitates contact between you and the Owner, Benthyg ACE/Benthyg Cymru accepts no liability for the condition of any item or any loss or damage resulting from your use of it.
- Members will not borrow the items to do professional work where you are charging a fee to a third party. You will not be insured for this activity, and risk your membership being terminated.
- Members understand that you are insured to use the item that you have borrowed – but that nobody else is insured to use that item. If anyone else uses the item you have borrowed, that person is not insured for any damage to their person or their property. For example, if you are hosting an event using an item borrowed from Benthyg ACE/Benthyg Cymru, you will need your own public liability insurance.
- If you borrow an item and with our agreement pass it on to another Borrower before it is returned to us and booked in, you remain liable to us for the return and condition of the object until it is returned to us. If you collect an item from another Borrower with our agreement that will also be on the terms of this Agreement.
- You affirm that the information that you have provided on the Borrower's Agreement is current, true, and correct. You understand that this information may be subject to verification.
- You further state that you have read and fully understand the rules and regulations of Benthyg ACE/Benthyg Cymru, and you understand that failure to comply with any of these rules may result in revocation of your borrowing privileges and/or legal action against you. You have read the Waiver and Indemnification form below, relinquishing all claims against Benthyg ACE/Benthyg Cymru.
The items in our collection are for the use of Benthyg ACE members. Out of respect for future users, please take care of the items you borrow and report any damage to Benthyg ACE immediately. Though borrowers are responsible for damage that they have caused, we promise not to be angry. If you feel compelled to return them in better condition than when you borrowed them, that would be highly appreciated.
Your Statements – READ THIS CAREFULLY EVERY TIME YOU BORROW ANYTHING
- I am capable and experienced in using the items I am borrowing, and that I will use the items I am borrowing in a proper manner. I am aware that Benthyg ACE/Benthyg Cymru, their partners, directors, officers, members, trustees and employees claim no expertise and make no representation concerning the fitness of any item for any particular use.
- I, do hereby for myself, on behalf of my successors and assigns, waive any and all claims against Benthyg, its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of the item that I am borrowing from Benthyg ACE/Benthyg Cymru except those caused by a defect known to Benthyg ACE/Benthyg Cymru and not made known to me.
- I agree to release and indemnify and hold harmless Benthyg ACE, Benthyg Cymru, their officers, agents, and employees from any and all liability, loss, claims, and demands, actions, or causes of action for the death or injury to any persons and for any property damage suffered or incurred by any person which arises or may arise or be occasioned in any way from the use of items I am borrowing from Benthyg ACE/Benthyg Cymru.
- I have read and fully understand the rules and regulations of Benthyg ACE/Benthyg Cymru and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges and/or legal action against me.