1. Equipment remains the property of 1ST SETTING.
2. Prices quoted are for one day or weekend only, unless by prior arrangement.
3. The hirer warrants that the person signing the delivery note is duly authorised to do so on behalf of the hirer and the person signing the delivery note warrants that he/she is duly authorised to sign on behalf of the hirer.
4. Payment, plus a refundable deposit of £100.00, must be made before goods are released. Cheques are only accepted with an appropriate cheque guarantee card, unless paid 14 days in advance. If cheques presented to us as payment are returned by the bank a fee will be charged.
5. It is admitted that the person signing the delivery note had the opportunity to inspect the hired equipment and confirm the equipment is received in good condition.
6. Cancelation of orders within 5 days of date of hire is chargeable at 50% hire charge, within 72 hours at full hire charge. We may consider alterations to orders within 7 days prior to installation/delivery this will incur a nominal admin charge of £30 per request.7. All used glasses to be put back in containers in an upright position.
8. Under no circumstances should electrical appliances be used without being correctly earthed unless they are of double insulated construction.
9. The hirer is fully responsible for the equipment and for insuring the equipment if necessary, from the time of acceptance until returned to our premises. No insurance is provided by 1ST SETTING.
10. Gas appliances should not be used below ground level and only used in a well ventilated area.
11. Queries on goods received must be notified immediately.
12. In the event of a breakdown of unsatisfactory working of hired equipment,
1ST SETTING should be notified of the fault. No attempt should be made to repair the equipment unless express permission is granted by 1ST SETTING
13. Drivers collecting goods are not authorized to return deposits or check goods.
14. If the hirer has any cause for complaint concerning the conditions, suitability or performance of equipment hired, 1ST SETTING should be notified immediately. No consideration for redress will be given to a grievance once the equipment has been used.
15. Table linen must not be returned or stored damp or wet. Damage resulting from mildew or other stains and burn marks that will not respond to laundering, will be charged at full replacement cost. The hire charge of linen includes laundering.
16. The hired equipment is solely intended for use and storage indoors unless specifically designed and manufactured for use outdoors. If the equipment is used or stored outdoors, the hirer is fully responsible for damage caused by the weather or any other associated hazard.
17. All goods will be delivered clean and ready for use. A washing charge of 30% of hire charge will be made.
18. Under no circumstances should scourers or abrasives be used on any hired equipment.
19. In addition to hire cleaning and transport charges, a refundable deposit of £100.00 is required. The deposit less the replacement cost of breakages or losses is returned by post after the equipment has been checked by authorized staff at 1ST SETTING premises. Where the deposit is not sufficient to cover the replacement cost the hirer is liable for the balance.
20. We reserve the right to change any price without need to give prior notice.
21. Extended hire terms available on request.
22. Equipment must be ready and packed in the correct containers for collection after your event. A charge will be made if our drivers have to clear up and pack equipment away which is left on tables etc.
23. Deliveries are from hard standing adjacent to main door, ground level entrance, unless pre-arranged. An additional charge will be imposed in respect of waiting time should the driver be unduly delayed or detained while attempting to effect a delivery or collection.
24. The hirer is responsible for ensuring that their delivery/collection instructions and arrangements are consistent with parking restrictions. 1ST SETTING reserves the right to pass on to the hirer the cost of any fines incurred due to delivery/collection instructions that neglect or ignore parking restrictions.
25. All boxes and cartons to be returned dry and intact. Furniture etc must be kept dry. A charge will be made for all cartons, boxes and roll pallets (caddies) lost or damaged.
26. 1ST SETTING will make every endeavour to effect delivery and collection at the times indicated by the hirer. No responsibility will be taken if requested times are not met. Removal will be effected as soon as possible, but all equipment cannot be collected immediately after use from all sites. 1ST SETTING is under no liability whatsoever for any injury or damage to persons or property or loss of profit claimed by the hirer in respect of any interruptions, delays, inaccuracies, errors, omissions or any failure to deliver or from the use of any equipment under hire.
27. A minimum delivery charge of £10.00 will be charged on all orders to cover fuel costs. Fuel charges will be relevant to distance travelled.
1.1 In these conditions the following words have the following meanings: “Associated Company” means any group company or company that is a subsidiary company of either party from time to time and ‘subsidiary’ shall have the meaning set out in Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989.
1.2 “Charges” means our current hire charges from time to time including any charges for the services during the Hire period.
1.3 “Contract” means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and us for the hire of the equipment and the provision of the services.
1.4 “Deposit” means any advanced payment required by us in relation to cash hires for the equipment, which is to be held as security by us.
1.5 “Equipment” means the equipment detailed in the order together as a whole hired by you as specified in the contract.~
1.6 “Force majeure” any event outside the party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, government actions and any other similar events.
1.7 “Hire period” means the period commencing when you hold the equipment on hire (including Saturdays, Sundays & Bank holiday Mondays) and ending upon any of the following events (i) you return the equipment to our possession; or (ii) we repossess or collect the equipment.
1.8 “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities.
1.9 “Order” means the purchase order containing the details of the contract.
1.10 “Products” means products sold/hired by us to you.
1.11 “Services” means the services and/or work (if any) to be performed by us for you in conjunction with the hire of equipment, including any delivery and/or collection service for the equipment.
1.12 “We/Us/Our” means 1st Setting Events Limited in the order and will include its employees,and/or duly authorised representatives.
1.13 “You” means the person, firm, company or other organisation hiring the equipment.
2. BASIS OF CONTRACT.
2.1 The contract shall become binding when we have acknowledged the order to you either verbally or in writing as appropriate. These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
2.2 The equipment is hired subject to it being available for hire at the time you request it. We will not be liable for any loss suffered by you as a result of the equipment being unavailable for hire.
2.3 You shall obtain and comply with all permissions, consents and licences required for the equipment under any statute, regulation or bylaw.
3.1 The amount of any deposit and charges are detailed in the order and are based on our current price list from time to time.
3.2 When a deposit is required for the equipment it must be paid before you hire the equipment.
3.3 All charges are, unless otherwise stated, exclusive of any applicable VAT.
3.4 Prompt payment under a contract shall be of the essence. Payments shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding.
3.5 Without any prejudice to any of our other rights, if you fail to make a payment in full on the due date we may charge you interest (both before and after judgement) on the amount unpaid in accordance with the late payments of commercial debts (interest) act 1998 as amended and supplemented by the late payments of commercial debt regulations 2002 and/or to suspend further service to you or any of your associated companies.
3.6 You shall pay all sums due to us under this contract without any set-off, deduction, counter claim and/or any other withholding of monies.
3.7 You can cancel without any penalty up to 30 days before the event. If you cancel within 30 days of the event there will be a 50% charge which is a reasonable estimate of our likely losses. If you cancel within 7 days of the event the full charge will be made. You may wish to take out insurance cover against cancellation.
3.8 We will use our best endeavours to supply you with the equipment ordered but where this is not possible we will notify you as soon as possible of any alteration. You are not entitled to cancel if the alteration is necessary to comply with safety or other legal requirements, or does not materially affect what we will supply. If the alteration for any other reason and fundamentally different from the equipment on the booking form you may terminate this contract and any deposit paid will be refunded.
4. RISK, OWNERSHIP AND INSURANCE.
4.1 Risks in the equipment and/or products will pass to you immediately when the equipment leaves our physical possession.
4.2 Risk in the equipment will not pass back to us from you until the equipment is returned to our physical possession.
4.3 Ownership of the equipment remains with us at all times. You have no right, title or interest in the equipment except that it is hired to you.
4.4 You must not deal with the ownership or any interest in the equipment. This includes but not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
5. DELIVERY, COLLECTION AND SERVICES.
5.1 We shall deliver the equipment to you and collect it from you at the end of the hire period.
5.2 Where we provide the service the persons performing the services are your responsibility. You shall be solely responsible for any damage, which occurs as a result of such persons following your instructions during the hire period, except to the extent that the persons performing the services are negligent.
5.3 You will allow and procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to the power supplies and utilities for our employees to allow them to carry out services. You will ensure that the site where the services are to be performed is cleared and prepared before the services are due to commence.
5.4 You will provide suitable access route for delivery and collection of the equipment with unrestricted entry and approach and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the equipment to rest on.If possible the trailer must be sited on a flat, level hard standing base provided by the customer.If the trailer is to be situated in a building or marquee then adequate ventilation must be available to maintain an ambient temperature of no more than 22 degrees centigrade.
5.5 You will pay for any lifting or special apparatus required for the siting of the equipment.
5.6 If any services are delayed, postponed and/or cancelled due to your failure to comply with your obligations under the contract, you will be liable to pay additional standard charges from time to time for such delay, postponement and/or cancellation except where the delay is due to force majeure.
5.7 The trailer must NOT be towed or moved. All trailers are fitted with anti-theft devices at the time of delivery. Any loss or damage of these items will be charged for Keys at £5.50, Wheel clamp at £115.00, Hitch locks at £85.00. All prices are NOT subject to vat.
6. CARE OF EQUIPMENT.
6.1 You shall,
6.1.1 Not deface or remove any labels from and/or interfere with the equipment, their working mechanisms or any other part of them.
6.1.2 Take reasonable care of the equipment and keep them properly maintained and only use them for their proper purpose in a safe and correct manner in accordance with an operating and/or safety instructions provided to or supplied to you and any applicable law regulations (including and Institution of Electrical Engineers (IEE) regulations).
6.1.3 Notify us immediately and in any event within 24 hours after any breakdown, loss and/or damage to the equipment or of any accident resulting in death, personal injury or damage to the equipment.
6.1.4 Take adequate and proper measures to protect the equipment for theft, damage and/or other risks.
6.1.5 Notify us of any change of your address and upon our request provide details of the location of the equipment.
6.1.6 Permit us at all reasonable times to inspect the equipment including procuring access to any property where the equipment is situated.
6.1.7 Keep the equipment at all times in your possession and control and not to remove the equipment from the United Kingdom without prior consent.
6.1.8 Be responsible for the conduct and cost of any testing, examinations and/or check in relation to the equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as part of any service.
6.1.9 Not do or omit to do anything, which will or may be deemed to invalidate any policy of insurance related to the equipment.
6.1.10 Not continue to use the equipment where it has been damaged.
6.1.11 Where the equipment requires electricity ensure that the proper type and/or voltage is used and that, where appropriate, the equipment is properly installed by a qualified and competent person.
6.2 You must return the equipment in good working order and condition (fair wear and tear excepted) in a clean condition together with all licences, registration and other documents relating to the equipment.
6.3 It is your responsibility to check the calibration of the equipment on each occasion before use. Final determination of the suitability of the equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.
6.4 The Mains power socket must not be more than 12 metres from the unit using a 13 amp cable or 25 metres from the unit using a 16 amp cable. Failure to observe this condition may result in damage to the unit which will be charged to the hirer.
7.1 Allowance will be made in relation to the charges for any non-use of the equipment due to breakdown caused by the development of an inherent fault and/or fair wear and tear provided that you inform us as soon as practically possible of the breakdown.
7.2 You shall be responsible for all expenses, loss (including loss of charges) and/or damage suffered by us arising from any breakdown of the equipment due to your negligence, misdirection and/or misuse of the equipment.
7.3 We will, at our own cost carry out all routine maintenance and repairs to the equipment during the hire period and all repairs which are required due to fair wear and tear and/or inherent fault of the equipment.
7.4 You will be responsible for the cost of all repairs necessary to the equipment during the hire period, which arise otherwise under section 7.3.
7.5 It is your responsibility to return equipment to us or arrange for us to collect equipment for retesting 3 months after the date on which the hire period commenced.
7.6 You must not repair or attempt to repair the equipment without prior written consent.
8. LOSS OR DAMAGE TO THE HIRED GOODS.
8.1 If the equipment is damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the equipment) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the equipment to a condition fit for re-hire.
8.2 You will pay us the replacement cost of any equipment (on a new for old basis), which is lost, stolen and/or damaged beyond economic repair during the hire period.
8.3 You will pay to us our costs which we may incur in tracking or recovering any lost of stolen equipment.
8.4 You shall pay the charges for the equipment up to and including the date you notify us that the equipment has been lost, stolen and/or damaged beyond economical repair. From that date until we have replaced such equipment (or retrieved any lost or stolen equipment) you shall pay, as a genuine pre-estimate of lost charges profit, a sum as liquidated damages being equal two thirds of the charges that would have applied for such equipment for that period. We shall use our reasonable commercial endeavours to purchase replacements for such equipment as quickly as possible using the monies paid under section 8.2.
8.5 You must keep all equipment and/or products insured to their full value.
9. TERMINATION BY NOTICE.
9.1 If the hire period has fixed duration, subject to the provisions of section 10 neither party shall be entitled to terminate the contract before the expiry of that fixed period unless by agreement.
9.2 If the hire period does not have a fixed duration either party may terminate the contract upon giving to the other party any agreed period of notice.
10.1 If you;
10.1.1 Fail to make any payment to us when due, or
10.1.2 Breach the terms and conditions of the contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied.
10.1.3 Persistently breach the terms of contract.
10.1.4 Provide incomplete, materially inaccurate or misleading facts and/or information In connection with the contract.
10.1.5 Attempt to pledge, charge or create any form of security over equipment.
10.1.6 Cease or threaten to cease to carry on business.
10.1.7 Being an individual or partnership, have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors, enter into an individual voluntary arrangement or suffer any similar action in any jurisdiction.
10.1.8 Being a company, enter into voluntary or compulsory liquidation, have an administrator or an administrative receiver appointed over all or any of your assets, or compound with or come to an arrangement with your creditors or enter into a company voluntary agreement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction.
10.1.9 Have circumstances in which we reasonably believe that any of the events mentioned in sections 10.1.7 or 10.1.8 above is about to occur and we notify you of this belief.
10.1.10 Appear reasonably to us due to your credit rating to be financially inadequate to meet your obligations under the contract.
10.1.11 Appear reasonably to us to be about to suffer any of the above events, then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in section 10.2 below.
10.2 If any of the events set out in section 10.1 above occurs in relation to you then:-
10.2.1 We may enter, without prior notice, any of your premises (or premises of third parties with their consent) where the equipment and/or products may be and repossess any equipment and/or products.
10.2.2 We may withhold the performance of any services and cease any services in progress under this and/or any other contracts between you (or any of your associated companies) and us (or any of our associated companies).
10.2.3 We may immediately cancel, terminate and/or suspend without liability to you the contract and/or any other contract between you (or any of your associated companies) and us (or any of our associated companies).
10.2.4 Credit period in relation to charges shall be accelerated and all sums, all monies owed by you (or any of your associated companies) to us under this contract or any other contract between you (or any of your associated companies) and us shall immediately become due and payable.
10.2.5 Any repossession of the equipment and/or products shall not affect our right to recover from you (or any of your associated companies) any monies due under the contract or any other contract between you (or any of your associated companies) and us and/or any damages in respect of any breach which occurred prior to repossession of the equipment and/or products.
10.2.6 Upon termination of the contract you shall immediately,
10.2.7 At your expense return the equipment to us or make the equipment available for us to collect and pay to us in full and cleared funds, all outstanding charges and/or sums payable under the contract or any other contract between us and you (or any of your associated companies).
11. LIMITATION OF LIABILITY.
11.1 All warrantees, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.2 If we are found to be liable in respect of any loss or damage to your property the extent of our liability will be limited to the retail cost of replacement of the damaged property.
11.3 Any defective equipment and/or products must be returned to us at your expense for inspection before we have any liability for defective equipment and/or products.
11.4 We shall have no liability to you if any charges or monies due in respect of the equipment, the services and/or products have not been paid in full and cleared funds by the due date for payments.
11.5 We shall have no liability resulting from or contributed to by your continued use of defective equipment and/or products after a defect has become apparent or suspected or should reasonably become apparent to you.
11.6 We shall have no liability to you to the extent that you are covered by any policy or insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
11.7 We shall have no liability to you for any: -
11.7.1 Losses whether arising form breach of contract, tort (including but not limited to negligence), or otherwise and whether following naturally and directly from such breach, negligence or other cause, or not, for,
11.7.2 Economic and/or similar losses.
11.7.3 Special damages, indirect losses and/or consequential losses.
11.7.4 Business interruption, loss of business, contracts and/or opportunity.
11.8 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:
11.8.1 Liability for breach of contract.
11.8.2 Liability in tort (including negligence).
11.8.3 Liability for breach of statutory and/or common-law duty, except section 11.8 above which shall apply only once in respect of all the types of liability under this section 11.9.
11.9 Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability, which is not permitted to exclude or limit as a matter of law.
12.1 Upon termination of the contract the provisions of sections 3.3, 8.1, 8.2, 8.3 and section 6 shall continue in full force and effect.
12.2 You shall be liable for the act and/or omissions of your employees, agents, servants and/or sub-contractors as though they were your own acts and/or omissions under this contract.
12.3 You shall be responsible for compliance with all relevant legislations and regulations issued by Government or Local Authorities, including (but not limited to) health and safety at work act.
12.4 You agree to indemnify and keep indemnified us against any liability suffered by us and arising from or die to your breach of contract, tort (including negligence) and/or any breach of statutory duty and/or any claim from a third party for injury to a person or property arising from your use or storage of the equipment.
12.5 No waiver by us of any breach of this contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.6 If any provision of the contract 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 provisions shall be unaffected and shall remain in full force and effect.
12.7 These terms and conditions supersede and replace all prior terms and conditions, communications, warrantees, stipulations, undertakings and agreements whether oral or written between the parties.
12.8 All third party rights are excluded and no third parties shall have any rights to enforce the contract.
12.9 This contract is governed by and interpreted in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortuous nature or otherwise).
12.10 We have the right to vary the contract, by giving you seven days written notice of such variation.