“The Company” – Richardson Event Hire Ltd and includes its employees, servants, agents and/or duly authorised representatives.
“The Hirer” – The person, firm, company or organisation hiring or buying the goods from us
“Contract” – a contract which incorporates these conditions and made between the Hirer and the Company for the hire of Hire Goods and/or the sale of Products;
“Deposit” means any advance payment required by the Company in relation to the Hire
Goods which is to be held as security by the Company as described in clause 3.3.2;
“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, lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, vehicular failure or failure of a transport network (including but not limited to traffic jams) and any other similar events;
“Hire Goods” means any catering equipment, furniture, article and/or device together with any accessories specified in a Contract which are hired to the Hirer;
“Hire Period” means the period commencing when the Hirer receives the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Hirer into the Company’s possession; or (ii) the physical repossession or collection of Hire Goods by the Company;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including, but not limited to, legal costs) and any other losses and/or liabilities;
“Products” means the products sold to the Hirer by the Company;
“Rental” means the Company’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Services” means the services and/or work (if any) to be performed by the Company for the Hirer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.
2.1. Hire Goods are hired subject to them being available for hire to the Hirer at the time required by the Hirer. The Company will not be liable for any loss suffered by the Hirer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Company’s control
2.2. Where hire of the Hire Goods is to a Hirer 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.
2.3. Nothing in this Contract shall exclude or limit any statutory rights of the Hirer which may not be excluded or limited due to the Hirer acting as a consumer.. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
2.4. The Contract will be governed by the terms as set out herein to the exclusion of all other terms and conditions (including any terms or conditions which the Hirer purports to apply under any order, confirmation of order, specification or other document).
2.5. No terms or conditions endorsed upon, delivered with or contained in the Hirer’s order, confirmation of order, specification or other document will form part of this Contract simply as a result of such document being referred to in the Contract.
2.6. This Contract and the conditions contained herein apply to all of the Company’s arrangements to the Hirer under any Contract and any variation to this Contract and any representations about the Hire Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company.
3.1. The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Hirer or otherwise as shown in the Company’s current price list from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Hirer hiring the Hire Goods. The Company may also require an initial payment on account of the Rental in advance of the Hirer hiring the Hire Goods.
3.2. The amount of any Rental shown in the Company’s current price list from time to time is for a 1-3 day Hire Period. The Company will charge the Hirer Rental at the 1-3 day Hire Period Rental for weekends. Any Hire Periods of between 4-7 days will be charged at 1.5 times the 1-3 day Hire Period Rental. The Hire Periods in excess of 7 days shall be negotiated between the parties and any additional days will be charged at a pro-rata rental on the original Hire Period.
3.3. The Hirer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Company as follows:
3.3.1. in respect of Hirers who have authorised credit accounts payment is due within 30 days of the date of invoice by the Company;
3.3.2. in respect of all non account Hirers full payment must be made in advance of delivery of the Hire Goods. In addition the Hirer must pay a security deposit of ;
on a valid and acceptable credit or debit card. Security deposits are not accepted in cash.
The Company will attempt to refund the balance of any deposits within 14 days of the termination of the Contract after deducting any charges for loss or damage as agreed with the Hirer.
3.3.2.1 Where the deposit is not sufficient to cover replacement costs, the hirer is liable for the balance.
3.3.3. The Company’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Hirer shall additionally be liable.
3.4. Time for payment of all sums due to the Company by the Hirer under the Contract shall be of the essence. Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding.
3.5. If the Hirer fails to make any payment in full on the due date the Company may charge the Hirer interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate from time to time of The Bank of England plc. Such interest shall be compounded with quarterly rests.
3.6. The Hirer shall pay all sums due to the Company under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.7. The Company may set a reasonable credit limit for the Hirer. The Company reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Hirer exceeding its credit limit or the credit limit is already exceeded.
4.1. Risk in the Hire Goods [and any Products] will pass immediately to the Hirer when they leave the physical possession or control of the Company.
4.2. Risk in the Hire Goods will not pass back to the Company from the Hirer until the Hire Goods are back in the physical possession of the Company. This shall apply even if the Company has agreed to cease charging the Rental.
4.3. Ownership of the Hire Goods remains at all times with the Company. The Hirer has no right, title or interest in the Hire Goods. Ownership of any Products remains with the Company until all monies payable to the Company by the Hirer for the Products have been paid in full.
4.4. The Hirer 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 in relation to the Hire Goods. However the Hirer may re-hire the Hire Goods to a third party with the prior written consent of the Company.
4.5. It is the Hirer’s responsibility to ensure that the equipment whilst on hire is fully covered by his/her own insurance (“New for old”) with regard to loss, theft, damage and public liability risks etc.
5.1. It is the responsibility of the Hirer to collect the Hire Goods from the Company and return them to the Company at the end of the Hire Period. If the Company agrees to deliver or collect the Hire Goods to and/or from the Hirer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.
5.2. The Company will make an additional charge for deliveries and collections at specified times. Further additional charges will also apply in respect of deliveries and collections made outside of the operational hours (8 a.m. – 6 p.m. Monday – Friday).
5.3. The Hirer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to power supplies and utilities for the Company’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Hirer 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. This is particularly important in Wet conditions.
5.4. If any Services are delayed, postponed and/or are cancelled due to the Hirer failing to comply with its obligations the Hirer will be liable to pay the Company’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Hirer is acting as a consumer and the delay is due to a Force Majeure event.
5.5. It is the responsibility of the Hirer to check all Hire Goods immediately on delivery and to report any damages, faults, shortages or discrepancies to the Company on the day of delivery by either telephone or Fax. This is the only method by which such damages, faults, shortages or discrepancies can be reported to the Company.
5.6. The Hirer must be present when the Hire Goods are delivered by the Company and the Hirer must sign for delivery of all such Hire Goods.
5.7. Deliveries to third parties or unoccupied premises are made entirely at Hirer’s risk.
5.8. When the Company is delivering or collecting Hire Goods, a period of 30 minutes from arrival at the site of the Hirer shall be permitted for the delivery or collection of the Hire Goods. In the event that such 30-minute period is exceeded as a result of the action or inaction of the Hirer, additional charges will be applied by the Company at the rate of £8.00 per additional 15-minute period.
5.9. The Company agrees to deliver Hire Goods to a loading bay or other ground floor entrance unless otherwise agreed prior to the date of delivery. The Company reserves the right to make an additional charge in respect of delivery other than to a ground floor entrance.
5.10. The Hirer shall be responsible for informing the Company at the time the Contract is entered into whether any restrictions or special requirements as regards vehicle access for the purpose of delivery or collection apply. In the event of such restrictions or special requirements the Company reserves the right to make an additional charge if it is deemed to be appropriate.
5.10.1 Siting of larger orders, and /or heavy/large items such as ovens/furniture, where additional Delivery staff and /or time is required on site due to difficult or restricted site access may Incur additional charges.
5.11. The Hirer agrees to repack all Hire Goods into their appropriate containers so that they may be transported safely back to our premises. It is particularly important not to overfill the containers as this can lead to damage. All crockery and cutlery must be rinsed free of food.
5.11.1 That all Hire Goods are available for collection at the same location to which they were originally delivered. Orders or part orders not ready for collection at the time of pick up, may incur extra hire and collection charges.
5.12. In circumstances where the Company agrees to collect the Hire Goods, the representative of the Company may ask the Hirer to sign a collection note. For the avoidance of doubt, the Hirer’s signature of a collection note is an acknowledgement that the Company has been to collect Hire Goods, not that all Hire Goods have been collected by the Company.
5.12.1It is a condition of supply that in the absence of definite proof to the contrary, our count at our premises is final as to both quantity and condition of the goods.
5.13. The Company agrees to accept oral agreement as Contract confirmation. Following such oral agreement the Company shall provide further confirmation by e-mail or post. It is the responsibility of the Hirer to check that the Contract is correct and to notify the Company of any discrepancies at the earliest possible opportunity.
5.14.We will make every effort to supply the exact equipment ordered but the Company reserves the right to supply substitute items in the event that any of the Hire Goods are unavailable for any reason whatsoever.
5.15. In the event of the Hirer increasing the extent of any Contract the day before delivery is due, the Company reserves the right to treat any amendment as a new Contract and may apply an administration charge.
5.16. In the event of the Hirer decreasing the extent of any Contract within 7 days prior to the time for delivery the Company reserves the right to charge for the full amount of the original rental.
5.17. In the event that the Hirer requests the Company to deliver or collect Hire Goods from an area which is not a designated loading/unloading area the Hirer shall be responsible for and shall reimburse the Company in respect of any parking fines or charges incurred by the Company.
6.1. The Hirer shall:-
6.1.1. not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and 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 which may be provided or supplied to the Hirer;
6.1.2. notify the Company immediately after any breakdown, loss and/or damage to the Hire Goods;
6.1.3. take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
6.1.4. notify the Company of any change of its address and upon the Company’s request provide details of the location of the Hire Goods;
6.1.5. permit the Company at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
6.1.6. keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of the Company;
6.1.7. 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 Company has agreed to provide them as part of any Services;
6.1.8. not do or omit to do any thing which will or may be deemed to invalidate any policy of insurance related to the Hire Goods which is notified to the Hirer;
6.1.9. not continue to use Hire Goods where they have been damaged and will notify the Company 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
6.1.10. 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.
6.2. The Hire Goods must be returned by the Hirer in good working order and condition (fair wear and tear excepted) together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
7.1. Allowance will be made in relation to the Rental to the Hirer 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 Hirer informs the Company as soon as practicable after the breakdown.
7.2. The Hirer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Company arising from any breakdown of the Hire Goods due to the Hirer’s negligence, misdirection and/or misuse of the Hire Goods.
7.3. The Company 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 Hirer 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 Company while carrying out routine maintenance and/or repairs.
7.4. The Hirer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Company.
8.1. Rental includes an amount for fair wear and tear only. The Company reserves the right to charge the Hirer for any reconditioning, renewing or replacement of Hire Goods which the Company deems to be necessary.
8.2. 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 Hirer shall be liable to pay the Company 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 8.3, until such repairs and/or cleaning have been completed.
8.3. The Hirer shall pay the Rental for the Hire Goods up to and including the date it notifies the Company that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Company has replaced such Hire Goods the Hirer 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 Company shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible.
8.4. In the event that the Hire Goods include any furniture, the Hirer understands and agrees that such furniture is for indoor use only except as specifically notified by the Company. The Company reserves the right to make an additional charge in respect of any damage caused to Hire Goods by damp or general outdoor use where such use is not permitted.
8.5. In the event that the Hirer does not return any or all of the Hire Goods to the Company, the Company shall invoice the Hirer an amount equal to the full replacement cost of such item. Rental will not be taken into account when calculating such amounts. If such Hire Goods are not returned within 14 days of the date of the
invoice in respect of such lost or non-returned Hire Goods, the Company reserves the right to charge for its full replacement value. The Company reserves the right not to issue credits for Hire Goods invoiced as lost or damaged that are returned to the Company after the 14 day period has expired.
8.6. The Company shall not accept any substitutes for lost or damaged Hire Goods supplied by the Hirer unless agreed in writing by the Company. Any such substitutes shall be retained for a period of 14 days before being disposed of by the Company.
8.7. The Hirer shall return all crates, boxes, hampers, pallets and cages supplied by the Company. Failure to return such items to the Company will result in a charge for their full replacement value being made against the Hirer.
8.8. In the event that the Hire Goods consist of linen items the Hirer will ensure that such linen items are returned sealed in the correct linen bags. Any damage caused to linen items will be charged at the full replacement cost by the Company this includes burnt, mildewed, torn or heavily stained cloths . Linen hire prices include laundering. Linen however is susceptible to burns from cigarettes, table sparklers, candles or candle wax also staining from flower pollens, party streamers, biro/pens and if packed away wet it can become damaged by mildew.
9.1. If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Hirer nor the Company shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed in writing with the other party.
9.2. If the Hire Period does not have a fixed duration either of the Hirer or the Company is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
9.3. If no period of notice has been agreed or specified the Hirer may terminate the Hire Period by the physical return of the Hire Goods to the Company and the Company shall be entitled to terminate the hire of the Hire Goods by giving not less than 7 days’ notice to the Hirer.
10.1. If the Hirer:-
10.1.1. fails to make any payment to the Company when due;
10.1.2. 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;
10.1.3. persistently breaches the terms of the Contract;
10.1.4. provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5. pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress, execution or other legal process is levied on any property of the Hirer, has a Bankruptcy Petition presented against it or the Hirer takes or suffers any similar action in any jurisdiction;
10.1.6. being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets, any attachment order is made against the Hirer, any distress, execution or other legal process is levied on any property of the Hirer or the Hirer takes or suffers any similar action in any jurisdiction;
10.1.7. appears reasonably to the Company due to the Hirer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
10.1.8. appears reasonably to the Company to be about to suffer any of the above events; then the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
10.2. If any of the events set out in clause 10.1 above occurs in relation to the Hirer then:-
10.2.1. except where the Hirer is acting as a consumer the Company may enter, without prior notice, any premises of the Hirer (or premises of third parties with their consent) where Hire Goods owned by the Company may be and repossess any Hire Goods;
10.2.2. the Company may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Hirer;
10.2.3. the Company may immediately cancel, terminate and/or suspend without Liability to the Hirer the Contract and/or any other contract with the Hirer; and/or
10.2.4. all monies owed by the Hirer to the Company shall immediately become due and payable.
10.3. Any repossession of the Hire Goods shall not affect the Company’s right to recover from the Hirer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods.
10.4. Upon termination of the Contract the Hirer shall immediately:
10.4.1. return the Hire Goods to the Company or make the Hire Goods available for collection by the Company as requested by the Company; and
10.4.2. pay to the Company all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.
In the event that the Hirer decides to cancel the Hire Period for the Hire Goods prior to delivery the following charges will be applied by the Company:
Events held between May to September and in December:
Events held in October, November and between January to April: Notice period given Charge
All cancellations must be confirmed in writing to the Company by email.
12.1. 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.
12.2. Any defective Hire Goods must be returned to the Company for inspection if requested by the Company before the Company will have any Liability for defective Hire Goods.
12.3. The Company shall have no Liability to the Hirer if, without just cause, any monies due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment.
12.4. The Company shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Hirer’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 Hirer.
12.5. The Company shall have no liability for any damage caused to the site or premises of the Hirer whilst delivering or collecting any Hire Goods.
12.6. The Company shall have no liability in respect of third parties where the Hirer rehires the Hire Goods to such third parties pursuant to clause 4.4.
12.7. The Hirer shall give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Hirer incurs any costs and/or expenses in remedying the matter itself. If the Hirer does not do so the Company shall have no Liability to the Hirer.
12.8. The Company shall have no Liability to the Hirer to the extent that the Hirer is
covered by any policy of insurance arranged as a result of the Contract and the
Hirer shall ensure that the Hirer’s insurers waive any and all rights of subrogation they may have against the Company.
12.9. The Company shall have no Liability to the Hirer for any:-
12.9.1. *consequential losses (including loss of profits and/or damage to goodwill);
12.9.2. economic and/or other similar losses;
12.9.3. special damages and indirect losses; and/or
12.9.4. business interruption, loss of business, contracts and/or opportunity.
12.10. *The Company’s total Liability to the Hirer 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 whichever is the higher. To the extent that any Liability of the Company to the Hirer would be met by any insurance of the Company then the Liability of the Company shall be extended to the extent that such Liability is met by such insurance.
12.11. 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:
12.11.1. Liability for breach of contract;
12.11.2. Liability in tort (including negligence); and
12.11.3. Liability for breach of statutory and/or common law duty;
12.11.4. except clause 12.9 above which shall apply once only in respect of all the
said types of Liability.
12.12. Nothing in this Contract shall exclude or limit the Liability of the Company for death or personal injury due to the Company’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.
13.1. Upon termination of the Contract the provisions of clauses 3.3, 3.4, 3.5, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6 and Section 6 shall continue in full force and effect.
13.2. Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
13.3. The Hirer 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.
13.4. The Hirer agrees to indemnify and keep indemnified the Company 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 Company and arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by the Hirer.
13.5. No waiver by the Company 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.
13.6. The Company shall have no Liability to the Hirer 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 Company 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.
13.7. The parties to this Contract do not intend that any term of this Contract will be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.8. This Contract supersedes any prior agreement between the parties whether written or oral and any such arrangements are cancelled as at the date of this Contract but without prejudice to any rights which have already accrued to either of the parties.
13.9. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
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