BAR SPECIALISTS – TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
In these conditions the following words have the following meanings:
“Agreement” means the agreement between the Lessee and the Lessor for the provision of Event Hire Equipment, comprising these Conditions together with the Event Hire Order;
“Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products and Services;
“Conditions” means these conditions of event hire relating to the hiring from the Lessor by the Lessee of the Event Hire Equipment, and ‘Condition’ shall be construed accordingly;
The “Event Hire Equipment” means any bar unit, (including but not limited to portable and mobile bar and back bar units and erect able structures), furniture, flooring, machine, article, tool, and/or device together with any accessories specified in an Agreement which are hired to the Lessee identified in the Event Hire Order and provided to the Lessee, together with any and all ancillary equipment supplied in relation thereto, which are and will remain at all times the property of the Lessor;
“Event Hire Order” means the order document or request e-mail (as amended in accordance with these Conditions) which forms part of this Agreement and any quotes and other attachments to it agreed by the parties;
The “Supplier” or “Lessor” is Bar Specialists, Onega House, 112 Main Road, DA14 6NA, UK and its successors whomsoever and will include its employees, servants, agents and/or duly authorised representatives;
The “Lessee” is the company, firm or persons specified in the Event Hire Order and includes its or their successors or personal representatives or other organisation hiring Hire Goods;
The “Customer” means the person, firm, company or other organisation purchasing Goods or Services;
The “Site” shall be the precise location for the Event Hire Equipment as specified in the Event Hire Order request e-mail or quote;
“Services” means the any services and/or work (if any) to be performed by the Supplier for the Lessee in conjunction with the hire of Hire or Sale of Goods including any delivery and/or collection service for the Hire Goods as well as any man power and other work to be performed by the Supplier;
“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;
“Products” means the products or services sold to the Customer by the Supplier;
“Force Majeure” means any event outside a party’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, terrorism, governmental actions and any other similar events;
2. EXTENT OF AGREEMENT
No conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the Agreement and the Supplier admits that no representations have been made to the Lessee or Customer by or on behalf of the Supplier which have induced the Lessee or Customer to enter into the Agreement.
3. BASIS OF CONTRACT
3.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.
3.2 Where hire of the Hire Goods is to a Customer or Lessee who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
3.3 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. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts or any applicable legislation, have no force or effect and if any provision is under the applicable law of the Contract unenforceable in whole or in part or shall have no force or effect the Contract shall be deemed not to include such provisions but this shall not affect the enforceability of the remainder of the Contract. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
4. CONSENTS, LICENCES OR PERMISSION
The Lessee shall comply with all Acts of Parliament, Orders in Council, Statutory Instruments, restrictions, stipulations and conditions affecting the use of the Event Hire Equipment, the Site and the erection of the Event Hire Equipment on the Site. Where use of Event Hire Equipment needs the approval of the local authority or any other authority before they can be erected (including for the avoidance of doubt, any necessary planning consents), the obtaining of any authorisation is the responsibility of the Lessee, and orders will be accepted by the Lessor on the implied understanding that there are no restrictions on the use of the Event Hire Equipment on the Site in question.
5. DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer or the Lessor to collect the Hire Goods from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver and/or collect the Hire Goods to and/or from the Lessee or the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services as stated in the quote.
5.2 If the Lessor agrees to collect the Hire Goods from the Lessee at the end of the Hire Period the Lessee must give the Lessor reasonable notice which shall include at least three (3) working days notice from the end of the Hire Period. The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Lessor unless the Lessor fails to collect the Hire Goods within 3 working days from the end of the Hire Period where upon the Lessor shall be liable for any loss, damage or theft thereafter.
5.3 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
5.4 The Customer or Lessee will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.5 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer or Lessee will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
6. PERIOD OF HIRE
The period of hire commences on the first date of the period of hire specified in the Event Hire Order and concludes on the first date following the date the Agreement is terminated in accordance with Condition 5 both commencement and conclusion days are included in the period of hire. ending upon the happening of any of the following events: (1) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or (2) the physical repossession or collection of Hire Goods by the Supplier; No credit is allowed on the hire of Event Hire Equipment for the holiday periods (including Saturdays Sundays and Bank Holidays), which occur during the hire term.
7.1 Subject to Condition 5.5, where the period of hire specified in the Event Hire Order exceeds 28 days, this Agreement (unless otherwise specified) shall be terminable by the Lessee giving to the Lessor written notice to take effect no earlier than the end of the period of hire specified in the Event Hire Order. The relevant notice period shall be fourteen (14) days.
7.2 Subject to Condition 5.5, where the period of hire specified in the Event Hire Order exceeds 28 days, the Lessor shall be entitled to terminate this Agreement on seven (7) days written notice provided that such notice shall not expire before the end of the minimum period of hire specified in the Event Hire Order. Such termination by the Lessor shall be without prejudice to the Lessor’s rights under this Agreement.
7.3 Where the period of hire specified in the Event Hire Order exceeds 28 days, for the avoidance of doubt, the period of hire will not expire if notice has not been given in accordance with Conditions 5.2 or 5.2. Instead, this Agreement will continue on its existing terms and conditions (except as expressly amended herein) until either expiry of the relevant period of notice given by the Lessor or Lessee in accordance with Conditions 5.1 or 5.2 or until otherwise terminated in accordance with this Condition 5.
7.4 Subject to Condition 5.5, where the period of hire specified in the Event Hire Order does not exceed 28 days, this Agreement shall terminate on the last day of the period of hire specified in the Event Hire Order.
7.5 The Lessor may terminate the Agreement forthwith in the event of:
(a) Failure by the Lessee to comply with any of the conditions of this Agreement including, without limitation, any charges being unpaid when due;
(b) The commission by the Lessee of any act of bankruptcy or the levy against the Lessee of any distress or execution;
(c) The Lessee entering into any composition with its creditors or (in the case of a limited company) going into receivership, administration or liquidation (other than for the purposes of amalgamation or reconstruction); or
(d) the Lessor’s interest in the Event Hire Equipment is put in jeopardy or prejudiced in any way as a result of any act or omission on the part of the Lessee.
7.6 If this Agreement is terminated by the Lessor pursuant to Condition 5(v) then, without prejudice to its other rights and remedies, the Lessor shall be entitled to recover all rentals due to it under the terms of this Agreement which would have been payable had the Lessor not terminated this Agreement (including, without limitation, rent for any minimum notice period which would have been applicable if the Lessee had terminated the Agreement voluntarily) and in addition any sums recoverable under any other Conditions.
8. LOSS OR DAMAGE AND DELAY
The Lessor, subject to the provisions of Condition 6.6 below, accepts no liability for:-
(a) Event Hire Equipment becoming unusable or uninhabitable;
(b) Non or late delivery arising from accident or breakdown;
(c)Loss or damage to Event Hire Equipment during loading, unloading or whilst in transit.
Delay in delivery shall not be a basis for cancellation of order. The Lessor shall have no liability for any consequential or economic loss whether arising through breach of contract, negligence or on any other common law or statutory basis.
Where Event Hire Equipment is erected by the Lessee or on the Lessee’s behalf, no claims for loss or damage will be met by the Lessor should there be any collapse or failure as a result of the Event Hire Equipment not being erected in a proper manner.
8.1 The Lessee shall provide suitable foundations for the Event Hire Equipment, and the Lessor shall not be liable for any loss or damage due to the collapse or failure of the Event Hire Equipment due to unsuitable foundations.
8.2 The Lessor reserves the right to charge the Lessee for all costs the Lessor has incurred due to the delay or cancellation of collection caused by inclement weather, or any other reason whatsoever which is outside of the direct control of the Lessor.
8.3 In the event of total loss or destruction of any of the Event Hire Equipment, the Lessee shall continue to pay the hire charges in respect of the said Event Hire Equipment for the period until the Lessee has paid to the Lessor the full replacement value thereof (being no less than the Insurance Value specified in the Event Hire Order), and this Condition 6.5 shall survive termination of the Agreement.
8.4 The Lessor shall be liable for any personal injury or death arising from its own negligence.
9. RENTAL OR SALE AND PAYMENT TERMS
9.1 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
9.2 The Customer/Lessee shall pay the Rental/Hire, charges for any Services and/or Products, Delivery and Collection, specified in the Event Hire Order monies for any Products 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, exclusive of any applicable VAT for which the Customer/Lessee shall additionally be liable, in accordance with this Agreement.
9.3 In the event that the Event Hire Equipment is not collected by the Lessor on the last day of the said period of hire either (a) by agreement of the parties, or (b) for reasons out with the direct control of the Lessor, the Lessee shall pay to the Lessor the additional hire charges specified in the Event Hire Order, in accordance with the provisions of this Condition 7.
9.4 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted in written correspondence to the Customer/Lessee or otherwise all charges specified in the Event Hire Order shall be paid by the Customer/Lessee to the Supplier/Lessor as follows:-
(a) 50% of such charges shall be paid to the Lessor simultaneously on submission of the Event Hire Order; and
(b) the balance of the remaining 50% of the charges shall be paid to the Lessor no later than 28 days prior to the date of the commencement of hire specified in the Event Hire Order; and
(c) if any charges are for items of Event Hire Equipment which have been ordered less than 28 days prior to the commencement of hire specified in the Event Hire Order, 100% of all such charges shall be paid to the Lessor simultaneously on submission of the Event Hire Order.
9.5 If alterations are made to the Event Hire Order which results in an alteration to the relevant charges, the Customer/Lessee shall pay those charges to the Lessor within 14 days of receipt of the relevant invoice from the Supplier/Lessor.
9.6 The Lessor reserves the right to charge the Lessee, which charges shall be payable by the Lessee in accordance with this Agreement, an additional charge for any deliveries or collections made on Saturdays, Sundays and regional bank holidays, at such rates as shall be advised by the Lessor from time to time.
9.6 All charges are subject to value added tax which shall in addition be payable.
Should payments not be made in accordance with this Agreement and If the Customer/Lessee fails to make any payment in full on the due date the Supplier/Lesser may charge the Customer/Lessee interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher. The Customer/Lessee will also pay all charges and costs the Supplier/Lessor incurs in the recovery of the outstanding sums due and the Supplier/Lessor shall be entitled to retain all otherwise refundable deposits until such time as payment (and all applicable interest thereon) is made in full.
9.7 Without prejudice to Condition 6.5, the Lessee shall be responsible for rental of the Event Hire Equipment and all other applicable charges for the period of hire as described in Condition 4 notwithstanding that the Event Hire Equipment is returned in a damaged condition or is otherwise rendered unusable (except to the extent that such Event Hire Equipment is returned, damaged or otherwise rendered unusable due solely to the default of the Lessor, and the Lessor has failed to return, repair or replace the Event Hire Equipment within a reasonable period).
9.8 The Lessor shall not be responsible for any costs incurred by the Lessee as a result of any delay or failure by the Lessor to collect the Event Hire Equipment from the Site unless such delay or failure arises wholly from and as a direct result of any act or omission of the Lessor.
9.9 If following termination of the Agreement the Lessor fails to collect the Event Hire Equipment from the Site for any reason out with the control of the Supplier/Lessor, the Customer/ Lessee shall continue to pay the Lessor the rental charges specified in the Event Hire Order Form until the date on which such Event Hire Equipment is collected or otherwise removed from the Site.
9.10 The Customer/Lessee shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
9.11 The Supplier reserves the right to store the Customer’s credit card details on its password protected customer account system and further reserves the right to use such details against future Rentals made by the Customer.
10. AVAILABILITY AND DELIVERY AND COLLECTION
10.1. This Agreement is subject to the availability of the Event Hire Equipment.
10.2. The Supplier/Lessor shall use reasonable endeavours to deliver the Event Hire Equipment by the first date of the period of hire stated in the Event Hire Order/quote, but failure to do so shall not be a basis for cancellation of order. All claims for shortages, loss, or damage, must be made within three days from date of delivery, otherwise same cannot be accepted.
10.3. It is the responsibility of the Customer to collect the Hire Goods from the Supplier/Lessor and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services unless agreed otherwise.
11. SITE AND ACCESS
11.1 suitable access route to the Site is to be provided by the Lessee/Customer with unrestricted entry and approach. The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
11.2 Where the ground is soft or otherwise unsuitable the Lessee shall supply and lay an appropriate temporary roadway in a suitable position for loading and unloading and for the Event Hire Equipment to rest on. The driver of the vehicle delivering the Event Hire Equipment may refuse to drive onto ground which the driver considers is unsuitable so as to put the driver’s vehicle and/or the Event Hire Equipment at risk.
11.3 The Lessee shall deliver to the Lessor at least 7 days prior to the first date of the period of hire specified in the Event Hire Order, a plan of the Site, and the Lessor reserves the right to cancel any Agreement in the event that the Lessor, in its sole discretion considers the Site, or access to the Site to be unsuitable for the Event Hire Equipment. In the event of such cancellation, the Lessee shall still require to pay the Lessor the rental charges for the full period of hire specified in the Event Hire Order within 28 days of receipt of the invoice from the Lessor.
12. LOADING AND UNLOADING
The Lessee shall be responsible for the positioning of the Event Hire Equipment at the Site, and for its dismantling and reloading, and any driver or workman supplied by the Lessor shall be deemed to be under the control and supervision of the Lessee. The Lessee shall supply and bear the cost of any carnage equipment or special equipment required for the siting of the Event Hire Equipment.
13. CONNECTION AND DISCONNECTION OF MAIN SERVICES
Connection of main services on Site is the responsibility of the Lessee. The Lessee shall be responsible for disconnection of all services connected to the Event Hire Equipment at the time when the period of hire is determined for whatsoever cause and shall remain liable for rentals for the Event Hire Equipment for so long as such services are connected to the Event Hire Equipment. At such determination of the period of hire for whatsoever cause the Lessor may arrange for disconnection of such services and the cost incurred by the Lessor in respect thereof shall be a debt from the Lessee to the Lessor payable immediately on demand by the Lessor.
14. MAINTENANCE CARE AND ALTERATIONS
14.1 The Lessee shall be responsible for:-
a. maintaining the Event Hire Equipment in the same condition it is in when delivered to the Site;
b. using the Event Hire Equipment in a reasonable manner; and
c. returning the Event Hire Equipment on termination of the Agreement in a good condition (fair wear and tear excepted).
14.2 The Lessee shall ensure that the Event Hire Equipment is cleaned regularly, and in any event, immediately prior to it being returned to, or collected by the Lessor on termination of the Agreement, or for any other reason. In the event that any such equipment is not returned or made available for collection in a clean state, the Lessee shall pay to the Lessor, on demand, cleaning charges. Such cleaning charges shall be subject to a minimum charge of £50 for each item of Event Hire Equipment where such item (including any ancillary equipment supplied in respect of the Event Hire Equipment) does not comply with this Condition 12.2.
14.3 The Lessee shall in relation to all Event Hire Equipment with fixed or separate holding tanks, ensure that each such Event Hire Equipment is emptied, flushed through and cleaned of all waste materials and fluid prior to such Event Hire Equipment being returned or made available for collection for whatever reason. In the event that any such Event Hire Equipment is not returned or made available for collection in accordance with this Condition 12.3, the Lessee shall pay to the Lessor, on demand all costs incurred by the Lessor in emptying, flushing and/or cleaning the Event Hire Equipment.
14.4 The Lessee is responsible for all loss of or damage to the Event Hire Equipment from whatever cause when the same arises during the period of hire (as defined in accordance with Condition 4). If the Agreement is terminated the Lessee continues to be responsible for all loss of or damage to the Event Hire Equipment until the Event Hire Equipment is returned to the possession of the Lessor. Any loss or damage will be payable by the Lessee on demand by the Lessor. No alteration or modification shall be carried out on the Event Hire Equipment, and the Event Hire Equipment shall not at any time be moved from the agreed position within the Site without the prior written consent of the Lessor.
14.5 The Customer shall: not remove any labels from and/or interfere with the Hire Goods/Products, their working mechanisms or any other parts of them and shall 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/Lessee;
notify the Supplier/Lessee immediately after any breakdown, loss and/or damage to the Hire Goods/Products;
take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;
permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer/Lessee is located and/or the country where the Supplier/Lessee is located without the prior written consent of the Supplier/Lessor;
be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
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; and where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate the Hire Goods in accordance with all current and applicable legislation.
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 all policies, licences, registration and other documents relating to the Hire Goods.
15. RIGHT OF LESSOR TO INSPECT
The Lessee shall at all times allow the Lessor or its agents or servants to have reasonable access to the Site to inspect, test, adjust, repair, replace or remove the Event Hire Equipment.
16.1 Allowance may 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 as soon as practicable of the breakdown and the Supplier is unable to repair or replace the Hire Goods within a reasonable time.
16.2 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.
16.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. 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, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
16.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
17. LOSS OR DAMAGE TO THE HIRE GOODS
17.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 10.3, until such repairs and/or cleaning have been completed.
17.2 The Customer will pay to the Supplier the new replacement cost for any Hire Goods less than twelve (12) months old from first registration and/or shall pay the Supplier for any loss or costs for any Hire Goods more than twelve (12) months old from first registration, which are lost, stolen or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance in respect of the Hire Goods.
17.3 The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2 above.
18.1 The Lessee shall not repair or attempt to repair the Event Hire Equipment unless previously authorized in writing by the Lessor and shall inform the Lessor of any loss or damage or need of repair to the Event Hire Equipment immediately the same occurs and the Supplier/Lessor undertakes to deal with repairs as soon as is reasonably practicable. The Lessor may suspend the further use thereof by the Lessee until such repairs are carried out and where necessary, the Lessor may remove the Event Hire Equipment from the Site for the purpose of repairs. The Lessee shall pay to the Lessor on demand, all costs and charges incurred by the Lessor in respect of all such repairs, including, without limitation, all costs of removing/returning the Event Hire Equipment from/to the Site.
18.2 For the avoidance of doubt, during any period of hire, the Customer/Lessee shall require to continue to pay all rental charges for the Event Hire Equipment during any period when the Event Hire Equipment is being repaired (except and to the extent only that such Event Hire Equipment requires to be repaired as a direct result of the default of the Lessor, and during such period of repair, the Event Hire Equipment is rendered unusable by the Lessee).
19. INSURANCE AND INDEMNITY
19.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier. The Lessee shall insure and keep the Event Hire Equipment and its accessories comprehensively insured to the full replacement value thereof during the period of this Agreement against all the normal risks including loss or damage by fire, flood, accident or any other cause, and shall deliver to the Lessor a certified copy of such insurance from the insurer at least 30 days prior to the commencement of the period of hire specified in the Event Hire Order (or such other date as the Lessor in its sole discretion may agree). The Lessee hereby irrevocably appoints the Lessor to be the Lessee’s sole agents and the only persons to receive all monies payable under such insurance and to negotiate, agree or compromise with the insurers as to the amount so payable. Any insurance money payable shall be applied as follows:
(a) if the Event Hire Equipment is damaged and in the opinion of the insurers it can be economically repaired, in making good the damage.
(b) in any other case, at the option of the Lessor, either in replacement by other similar Event Hire Equipment to which this Agreement shall then apply or in compensating the Lessor for all loss suffered as a result of the loss or damage, any surplus being paid to, and any deficiency being made up by the Lessee.
19.2 The Lessee shall indemnify the Lessor in respect of any claims made against the Lessor and all damages, costs and expenses suffered or incurred by the Lessor as a result of any claim by a third party in respect of the state, condition or use of the Event Hire Equipment or in any way arising out of its leasing under this Agreement.
19.3 It is the Lessee’s responsibility to insure its own contents. No liability will be accepted by the Lessor for any consequential loss or damage to the Lessee’s contents due to any failure in the Event Hire Equipment supplied under this Agreement.
20. RISK OWNERSHIP AND INSURANCE
20.1 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
20.2 Ownership of 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. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
20.3 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
20.4 The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental in accordance with Financial Services Authority Requirements. Alternatively the Supplier may require the Customer to insure the Hire Goods for such reasonable risks as the Supplier may specify and any proceeds of any such insurance shall be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier’s written consent.
In the event of termination of the Agreement, or in the event that the Event Hire Equipment (or any part thereof) is returned to the Lessor for whatsoever reason the Lessee shall forthwith pay to the Lessor the collection charge detailed in the Event Hire Order, or, if no such charge is stated, such charges as the Lessor shall actually incur in hiring cranes or transport and any other equipment for the purpose of dismantling and collecting the Event Hire Equipment.
22. TITLE AND RISK
Title in the Event Hire Equipment shall at all times remain in the Lessor. Risk in the Event Hire Equipment shall pass to the Lessee on the arrival at the Site of the Event Hire Equipment and shall remain with the Lessee until such time as the Event Hire Equipment is returned to the Lessor in accordance with this Agreement.
23. LIMITATIONS OF LIABILITY
23.1 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.
23.2 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.
23.3 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.
23.4 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.
23.5 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.
23.6 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.
23.7 The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
23.8 The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-
23.8.a consequential losses (including loss of profits and/or damage to goodwill);
23.8.b economic and/or other similar losses;
23.8.c special damages and indirect losses; and/or
23.8.d business interruption, loss of business, contracts and/or opportunity.
23.9 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 (or Euro equivalent) 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.
23.10 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:
23.10.a Liability for breach of contract;
23.10.b Liability in tort/delict (including negligence); and
23.10.c Liability for breach of statutory and/or common law duty;except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
23.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for fraud, death or personal injury due to the Supplier’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
23.12 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
23.13 The Supplier/Lesser 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 Force Majeure 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.
24. RIGHTS OF THIRD PARTIES
24.1 Unless expressly stated to the contrary, the parties intend that no provision of this Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1999, confer any benefit on nor be enforceable by any person who is not a party to this Agreement.
24.2 This Agreement may be rescinded, amended or varied by the parties without notice to, or the consent of any third party even if, as a result, that third party’s right to enforce the terms of this Agreement may be varied or extinguished.
24.3 All third party rights are excluded and no third parties shall have any rights to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract
25. IDENTIFICATION MARKS
The Lessor retains the right to affix its mark or plate on the Event Hire Equipment identifying it as the Lessor’s own property and the Lessee shall not remove, deface or cover up the same.
The Lessee shall keep the Event Hire Equipment in the sole possession of the Lessee at the Site, and not sell, assign, mortgage or let the Event Hire Equipment or any part thereof.
27. ERRORS AND OMISSIONS
Whilst every endeavor is made to include all contingencies the Lessor cannot be held responsible for errors and omissions arising from circumstances beyond its control.
28. ENVIRONMENT AND CLEANING
A charge per single unit or module of Event Hire Equipment will be levied on the Lessee by the Lessor for a sufficient clean (removed water and waste and wiped clean and dry), of the bar units when the unit(s) are returned or collected to/by the Lessor. The Lessor reserves the right to charge the Lessee all the costs incurred for employing a cleaner a specialist contractor to remove and dispose of any waste or unidentifiable/hazardous waste, returned in the Event Hire Equipment.
29 INVALIDITY AND SEVERABILITY
If any provision of this Agreement shall be found by any court or body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Lessor and the Lessee hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
30.1 If the Customer:-
30.1.a fails to make any payment to the Supplier when due without just cause;
30.1.b 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;
30.1.c persistently breaches the terms of the Contract;
30.1.d provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
30.1.e pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
30.1.f being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
31.1 None of these Conditions shall be considered to be waived by the Lessor unless the waiver is given in writing by a director of the Lessor to the Lessee. No failure on the part of the Lessor to enforce any of these Conditions shall constitute a waiver of such terms.
31.2 No waiver by the Supplier/Lesser 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.
32. SURVIVAL OF CONDITIONS AND TERMINATION BY NOTICE
Upon termination of the Agreement for any reason, any Condition which expressly or by implication should survive termination in order to give effect to its intention shall survive termination of this Agreement.
32.1 If the Hire Period has a fixed duration, subject to the provisions of Section 28 neither the Customer/Lessee nor the Supplier/Lesser shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
32.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
32.2.a if no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.
32.2.b if no period of notice has been agreed or specified either party shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the other.
The Customer agrees to indemnify and keep indemnified the Supplier/Lesser 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/Lesser and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
33. APPLICABLE LAW
This Agreement shall be governed by and interpreted according to English Law.