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In these terms the following words and phrases will have the following meanings unless inconsistent with the context:
The ‘COMPANY’ is Deckerdence and/or their subcontractors or agents.
The ‘HIRER’ is the firm/company/person or public authority (and their respective successors) named in the hire contract who hires the equipment from the company. Where two or more persons constitute the Hirer then all obligations entered into by such persons under the Hire Contract shall be joint and several and all words importing the singular shall include the plural.
The ‘EQUIPMENT’ is the equipment specified or referred to in the hire contract.
The ‘HIRE PERIOD’ the period set out in the hire contract or any other agreed period or agreed extension thereof.
The ‘HIRE CHARGES’ means the total amount due to the company including charges in respect of delivery, assembly, installation, operation or disassembly collection of the equipment and the deposit.
The ‘HIRE CONTRACT’ means the information detailed on the said document and these terms and conditions.
A The Hirer shall pay the Company the Hire Charges in instalments as follows: £1000.00 non-refundable deposit to secure event date, 50% of standard hire charge within 6 weeks of booking. 50% of remaining balance 6 months prior to event date, final payment of full remaining balance 6 weeks prior to event, or at such other time as shall be agreed in writing by the Company.
B Payment of any sums not due at the commencement of the Hire Period shall be made by the Hirer to The Company within 30 days from the issue of the company’s invoice.
C The Hirer shall pay to The Company interest on any monies due to the Company and unpaid after 30 days at the rate of 3% over the base rate of Lloyds Bank plc.
D The Company reserve the right to vary the Hire Rate in the event of increase in the cost of labour, materials or transport.
E Special Hire Rates will be payable to the Company for delivery of installation or use of Equipment on sites which do not conform to the requirements of the Company.
F Payment in respect of labour or other service provided by the Company in excess of that stated in the contract shall be charged on a day work basis at the appropriate rate.
Site conditions | It is agreed by the Hirer that:
A The site must be firm level ground with easy access for tall and heavy motor transport, without the need for towing. The Hirer agrees that any damage caused to the bus due to unsuitable site conditions is the responsibility of the Hirer and all costs incurred for repair of the bus will be met in full by the Hirer.
B That (if appropriate) the Hirer shall provide to the Company a plan showing the position for installation of the equipment or shall have a representative on site for that purpose but in the absence of such plan or a representative the Company shall deliver and install the equipment where it thinks appropriate and shall be deemed to have completed its obligations in relation to delivery and installation herein contained when it has complied with the said plan or instructions of the Hirer’s representative or installed the equipment as it considers appropriate.
C If the site is on grass it should be mown and free draining. The hire charge does not include making any alterations to the site and the Company will not be held responsible for any delay due to unsuitable site conditions.
D The Hirer will inform the Company of any concealed pipes, cables or drains located under the site, and provide a plan if necessary. The Company will not be held responsible for any damage or loss resulting from disturbance of any underground utility of which it has not been informed of in writing.
E That the Hirer has produced the provision of an earthed supply of electric if necessary.
F The Hire Charge does not include any making good or repair of damage to the site.
No title to Hirer
The equipment is hired by the Company to the Hirer for the Hire Period at the Hire Charge set out in the Hire Contract and the Hirer shall be a mere bailee of the equipment and no interest or title in the equipment shall pass to the Hirer. This agreement is personal to the Hirer and is not capable of assignment nor sub-hire nor may the Hirer part with possession of the Equipment.
The Hirer shall pay prior to the commencement of the Hire Period any deposit specified in the Hire Contract. The Company shall retain from such deposit the cost to the Company of making good any loss or damage, for the Hirer is responsible under these terms and conditions. Where the Company utilises the deposit it will write to the Hirer setting out details of deductions made. Where damage to Equipment is greater than the deposit the Hirer shall pay to the Company on an indemnity basis such additional sum required to make good the damage to the Equipment.
These terms and conditions to prevail
If these terms and conditions shall be at variants or inconsistent with any printed conditions attached to the Hirers order then these terms and conditions shall prevail.
No parting with possession
The Hirer shall not sell or offer for sale, pledge underlet or assign or otherwise deal or part with possession of the equipment.
Supervision of equipment
A The Hirer agrees that The Company or its representatives reserve the right to remain on site 24 hours a day to oversee the Equipment at all times. Any necessary permission for overnight stays will be obtained/granted by the Hirer.
B The Hirer shall permit any person authorised by The Company at all reasonable times to enter upon the premises upon which the equipment is for the time being placed or kept for the purpose of inspecting and examining the condition of the equipment.
A Subject only to the provision of these conditions no statement undertaking warranty or condition express or implied by law trade custom or otherwise shall apply to this agreement.
B The Company shall not be liable for any loss injury or damage of whatsoever kind rising directly or indirectly form the hire of the equipment (except in respect of loss, damage or injury which is incapable of exclusion under the terms of unfair contract terms act 1977) whether consequential or otherwise any whether or not caused by the negligence of the Company, its servants or agents.
C The Hirer shall use the equipment in a careful and proper manner and shall indemnify the Company:
Commencement of the hire period | Termination of the hire period
The Hire Period shall determine and the Company shall be entitled to immediate recovery of the equipment in the following events:
A Expiry of the Hire Period specified in the Hire Contract, or
B Immediately upon the breach by the Hirer of these terms and conditions of hire, or
C Pursuant to condition ten or condition eleven hereof, or
D By agreement to be confirmed in writing, or
E In the event of loss or damage of the Equipment upon such date as the Company agrees to accept from
The equipment is hired by the Company to the Hirer for the Hire Period at the Hire Charge set out in the Hire Contract and the Hirer shall be a mere bailee of the equipment and no interest or title in the
equipment shall pass to the Hirer. This agreement is personal to the Hirer and is not capable of assignment nor sub-hire nor may the Hirer part with possession of the Equipment.
A More than 45 days – 40% B 14-45 days – 70% C Less than 14 days – 100%
Delivery of the equipment
The Company shall not be liable to the Hirer for any delay in delivery of the Equipment. If the Equipment is not delivered within 48 hours of the date specified in the Hire Contract, the Hirer may by notice in writing to the Company rescind the Hire Contract and recover all monies paid thereunder.
The performance of the Company’s obligations hereunder is subject to variation or cancellation consequent upon act of God, War, Strikes, Riots, lockouts, or other labour disturbances, fire, flood, restrictions on the use of transport, fuel, or power or any other cause beyond the control of the Company. In the event of frustration of the agreement due to any of the above causes, including adverse weather conditions, the contract shall be deemed to be complete
i Against all loss suffered by the Company in consequence of the destruction, loss, theft or damage of or to the equipment prior to the equipment being returned to the Company and its is herby agreed that if the equipment or any part thereof is in the company’s opinion lost or damaged beyond repair the loss to the Company shall be the cost of buying new, the same or comparable item of equipment irrespective of the age of the equipment so lost or damaged.
ii In respect of all actions, costs, charges, claims, demands, proceedings or penalties made or brought against the company by any third party in respect of alleged injury, loss or damage or expense arising out of or in connection with the use by the hirer or any person authorised by the hirer of the Equipment
iii Supplying and maintaining any warning lamps and warning notices that may be required.
Notice of accidents
If the Equipment is involved in any accidents resulting in injury to persons or damage to property the Hirers will give the Company immediate notice by telephone to be confirmed in writing to the Hirer.
A The Hirer shall not interfere with or adjust the Equipment in any way whatsoever and will not under any circumstances give any instructions for any repair to the Equipment or for the replacement of any parts unless such spares have been provided to it by the Company for that purpose and the Hirer shall I immediately inform the Company in writing which so far as it is able shall repair or replace the Equipment.
B If during The Hire Period the Company decides that urgent repairs to the Equipment are necessary it may arrange for such repairs to be carried out on site or at any location of its nomination. In the event that the Company removes the Equipment for such purposes, the Company shall replace the Equipment with similar Equipment if available.
C If The Company shall in its opinion be unable to repair or replace the equipment in accordance with sub clause (A) or (B) of this condition then provided the Company returns to the Hirer any monies paid by the Hirer to the Company in respect of the unexpired part of the Hire Period the Company shall be under no further obligation or liability to the Hirer whatsoever. PROVIDED THAT nothing in this Agreement shall oblige the Company to repair or make good any loss or damage to the Equipment caused by any act or default of the Hirer or its invitees (fair wear and tear expected).
D Immediately upon the breach by the Hirer of these terms and conditions of hire, or
E Pursuant to condition ten or condition eleven hereof, or
F By agreement to be confirmed in writing, or
G In the event of loss or damage of the Equipment upon such date as the Company agrees to accept from the Hirer the equipment in its then state and condition and compensation in accordance with these terms and conditions of hire.
Compliance with statute
During the Hire Period the Hirer shall be responsible for and indemnify the Company against liability for: A Obtaining and thereafter maintaining all consents, licences or permits requiring connection with the use of Equipment under statute by-law or regulation from time to time in force shall produce to the Company on demand all such consents, licences or permits. This does not include the Temporary
Event Notice required, which the Company will apply and pay for.
B Supplying and maintaining any warning lamps and warning notices that may be required.