1. Definition
The “Supplier” means Fresh Event Hire.
The “Customer” means the Company or person hiring goods from the Supplier
The “Contract” means the contract between the Customer and the Supplier annexed to these Terms and Conditions and includes these Terms and Conditions.
The “Deposit” means the advance payment made by the Customer and held as security by the Supplier.
The “Goods” means all bar equipment and other materials provided by the Supplier in connection with the Contract.
“Force Majeure”’ means any unforeseen incident that occurs and which is completely outside the control of the Customer or the Supplier.
The “Hire Period” means the period set out in the Contract and commences as soon as the Customer signs for the Goods and ends when the Supplier collects the Goods.
The “Hire Price” means the price set out in the Contract paid by the Customer in connection with the supply of the Goods and Service.
“Liability” means complete responsibility for the condition of the Goods including without limitation loss or damage [more re 4.6]:
“Rental” means the Hire Price of the Goods for the Hire Period.
“Service” means delivery, installation and final collection of the Goods from the venue by the Supplier.
2. Basis of contract
2.1 Goods are hired subject to their availability for the Hire Period.
2.2 The Supplier is not liable for losses suffered by the Customer as a result of the Goods being unavailable due to circumstances beyond the control of the Supplier.
2.3 All quotations given by the Supplier are valid for 30 days from the date of the written quote, unless otherwise notified in writing by the Supplier.
2.4 Bookings without a written order will be held for 7 days, after which they will be removed from the system.
2.5 The Customer’s statutory rights are not limited either by the Contract or the Terms and Conditions.
3. Risk, Ownership and Insurance
3.1 Liability for the Goods passes to the Customer from the moment the Customer signs for the Goods.
3.2 Liability for the Goods rests with the Supplier when the Goods are being delivered and once the Goods have been collected.
3.3 At the end of the Hire period when the Supplier is collecting the Goods the Customer will be given the opportunity to check the condition of the Goods so that any damage can be noted and logged so that the Supplier can subsequently notify the Customer of repair/replacement costs.
3.4 Should the Customer not take the opportunity to check the condition of the Goods when they are collected at the end of the Hire Period by the Supplier the condition of the Goods will be checked solely by the Supplier and the notes and log of any damage shall be binding on the Customer.
3.4 The Customer does not own the Goods and shall not sell, re-hire, lend, dispose of, withhold, or in anyway deal with the Goods.
3.5 The Supplier can provide insurance for the Goods whilst they are in the possession of the Customer. Insurance will be charged in addition to the Hire Price and the Customer agrees not to compromise any resulting claim without the consent of the Supplier.
3.6 The Supplier recommends that the Customer takes out insurance cover for the Goods during the Hire Period.
3.7 The Customer is liable for any costs resulting from the Goods being returned in a damaged unclean or defective condition.
3.8 The Customer will pay, on an indemnity basis, the Supplier the full replacement cost of the whole or any part of the Goods that are lost stolen or damaged beyond repair during the Hire Period.
3.9 In the event of lost/stolen or damaged Goods being returned at the end of the Hire Period, the Customer will additionally pay for any lost rental income suffered by the Supplier.
4. Delivery, Collection and Services
4.1 The Supplier will deliver, install and collect the Goods in accordance with the Customer’s schedule. The Supplier does not operate a Customer collect and return policy.
4.2 After the Supplier has delivered and installed the Goods the Customer will be asked to check and sign for the Goods and will then accept Liability in accordance with clause 3.1 above.
4.3 The Customer is responsible for giving written delivery, installation and collection instructions to the Supplier at least 7 days in advance of the commencement of the Hire Period. The Supplier will not accept any claims in respect of the Customer failing to deliver such written instructions.
4.4 The Customer will arrange for adequate access to the delivery / installation venue, including unloading space, and facilities, including a power supply for the Goods.
4.5 The Customer will ensure that the delivery / installation venue is clear from obstruction, and ready for use by the Supplier.
4.6 The Customer accepts Liability in connection with failing to comply with any or all of its obligations.
5. Care and Use of Hire Goods
5.1 The Customer will not interfere with the Goods or in ay way alter their position, layout, configuration, and must take good care of the Goods, using them in a safe and correct way.
5.2 The Customer will immediately notify the Supplier in writing of any loss or damage to the Goods.
5.3 The Customer will take adequate measures to protect the Goods against theft, damage and other risks.
5.4 The Customer will not physically move the Goods from the delivery / installation venue without the written approval of the Supplier.
5.5 The Customer will allow the Supplier access to the delivery / installation venue during the event to inspect the Goods.
5.6 The Customer will comply with the conditions of any insurance cover for the Goods during Hire Period.
5.7 The Customer will not continue to use the Goods once they have been damaged.
5.8 The Supplier will have no liability to the Customer if additional damage is caused to the Goods as a result of continued use of damaged/faulty Goods.
6. Breakdown
6.1 The Customer is liable for any costs and expenses arising from damage or loss, as a result of customer neglect or misuse of Goods.
6.2 The Customer must not attempt to repair the Goods unless authorised to do so by the Supplier.
7. Customer Confirming Order under the Contract and Payment
7.1 Any item(s) on hire must be paid for in full prior to the delivery.
7.2 The Supplier will accept payment of goods on hire by cheque, Debit Card or BACS transfer.
7.3 Any customers paying by cheque must have had their cheques cleared before receiving any goods.
7.4 All Goods and Services are subject to VAT at the prevailing rate.
7.5 The Supplier may at his discretion ask for a refundable deposit to cover loss or damage to hire goods.
8. Cancellation
8.1 All cancellation notices must be received in writing.
8.2 Cancellation charges will apply in the event of cancellation as follows:
8.3 More than 21 days before the commencement of the Hire Period – no charge and return of all monies paid in advance.
8.4 Between 14 days and 21 days before the commencement of the Hire Period – 25% of the Hire Price (as paid in accordance with clause 7.1) will be retained by the Supplier.
8.5 Between 7 days and 13 days before the commencement of the Hire Period – 50% of the Hire Price (as paid in accordance with clause 7.1) will be retained by the Supplier.
8.6 Less than 7 days before the commencement of the Hire Period – 100% of the Hire Price (as paid in accordance with clause 7.1) will be retained by the Supplier.
8.7 Any additional payments due from the Customer in relation to cancellation must be received by the Supplier within 14 days of the date of the written cancellation.
9. Repossession and Default
9.1 The Supplier reserves the right to repossess the Goods in the event of the Customer breaches of the Contract and or these terms and Conditions, provides inaccurate or misleading information, ceases to trade, enters in to voluntary or compulsory liquidation, or appears to be about to.
9.2 In any of the circumstances contemplated by clause 9.1 above the Supplier will cancel the Contract, and be entitled to full payment of all outstanding sums under the Contract.
10. Limitations of liability
10.1 The Supplier accepts no liability in respect of:
10.2 damage or loss suffered by the Customer or any guest or invitee of the Customer.
10.3 The use or operation of the Goods during the Hire Period.
10.4 The Supplier specifically excludes liability (so far as allowed by law) in respect of death or personal injury suffered by the Customer or any guest or invitee of the Customer.
This document is for your retention and covers any hiring’s until such time any of the details may be subject to change, in the event of which you will be notified by the Supplier in writing.