Customer Rental Agreement
Hot Tub Hire Company (THE COMPANY) requires all persons renting equipment (THE CUSTOMER) to have read and understood the contents of this agreement prior to acceptance by signature. The Customer accepts that should they require clarification of all or part of the information contained within this Contract, it is the Customer’s responsibility to contact Hot Tub Hire Company directly via 07554 715771 or email: info@hottubhirecompany.co.uk prior to signing. The Customer accepts and acknowledges that upon signing this contract, this signifies the Customer’s full understanding and acceptance of all contractual terms.
It is agreed as follows:
DEFINITION OF TERMS
“The Company” means Hot Tub Hire Company, whose registered office is Brunel Way, Stephenson Ind Estate, Coalville, Leicestershire, LE67 3HF.“The Customer” means the legal entity with whom the Contract is made by the Company.
"Contract" means the Contract between the Company and the Customer for the supply and rental of the Equipment.
“Equipment” used herein shall refer to all such equipment as provided to the Customer for use during the rental period.
“The Venue” refers to the location to which the Customer has requested the Equipment to be set up by the Company, and any other location to which the Customer uses the Equipment.
MASTER AGREEMENT
The Customer and the Company acknowledge and agree that all Terms, Conditions and Clauses contained within this Contract shall govern the rental of any and all equipment by the Customer from the Company.
In the event of a conflict between the Terms, Conditions and Clauses contained in this Contract and any Terms and Conditions set out in any purchase order, acceptance or other document the Client and the Company agree that the terms of this Contract shall govern.
RENTAL PERIOD
The rental period with respect to the Equipment shall commence on and include the actual day of delivery of the Equipment to the Customer’s confirmed Venue.
The rental period shall end on and include the day of pickup of the Equipment by the Company.
The Customer is responsible for the Equipment until it has been removed from the Customer’s venue.
Rental rates are based on the rate schedule as stated on the confirmation of booking email or via the booking confirmation provided to the customer.
In the event that any or all of the Equipment is damaged, lost, stolen or damaged beyond repair during the rental period, the rental period will be deemed to continue, payable by the Customer, until such a time as the equipment is repaired or replaced. The amount of any additional hire charge payable as a direct result of the above shall not exceed £800.
TERMS OF PAYMENT
The rental charge due under this Rental Agreement shall be paid in full, in advance by the Customer. The payment is taken via the online booking platform, Stripe.
The Company reserves the right to deny delivery of equipment in the event of failure to pay for the Rental by the Customer.
A valid credit card pre-authorisation will be kept on file for security for the duration of the rental. The Customer accepts that the Company will take payment from this card to a maximum amount of £800 should the Equipment be damaged during the rental period. This includes, but is not limited to; damage to the equipment, or in the case of the Equipment being lost, stolen, vandalised and/or for loss or damage associated with the Equipment being overloaded, operated above rated capacity or if operating instructions are not followed.
THE VENUE
The Customer accepts full responsibility for the Venue which they have requested the Equipment to be supplied to and by booking and accepting the Equipment they confirm they have the authority for use of this Venue.
The Company requires full access to the Customer’s chosen Venue.
The Customer must surrender the equipment on the date of collection. The Customer accepts that the time taken to dismantle the equipment is between 30 minutes to 2 hours dependant on the Equipment provided. If the Customer incurs any additional fees from the Venue due to dismantle time, these are payable by the Customer.
The Customer must ensure any venue fees are paid in full prior to departure, The Company accepts no responsibility for venue fees.
The Company is not responsible for the Venue in any way including, but not limited to, its facilities, location or access. Any issues with the Venue must be addressed with the Venue owners by the Customer.
The Company is not responsible for any instances where the Venue prevents the Company from erecting the equipment including lack of booking and being prevented access from the premises and will not offer refunds.
CONNECTION TO MAINS SERVICES
The Company will require the Customer to have a water supply in order to fill the Hot Tub. the Customer authorises the Company to use the Customer’s water supply during the set up and dismantling of the Company’s Equipment. The Customer accepts that the cost of the water used is their responsibility.
The Company will require the Customer to have access to mains electric within 4.5m of the Equipment supplied. The rental Equipment will be required to be connected to the electric. The Customer accepts that the cost of the electric used is their responsibility.
ELECTRICAL EQUIPMENT
Any electrical Equipment supplied should be used with plugs and/or sockets as fitted by the Company’s operatives.
No Equipment shall be modified without prior written consent from the Company.
The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to equipment from incorrectly connected or disrupted supply will be chargeable.
The Customer must turn off any fairy lights or lighting Equipment provided as part of the rental when not in use. The Hot tub should be left switched on at all times.
USE OF CHEMICALS
The Company will provide to the Customer chemicals for the Rental period. The Company only supply the guidance amount of chemicals for health and safety
The Company will provide a demonstration on how to safely use the chemicals and will provide the Customer with an instruction sheet.
The Customer accepts that they will be responsible for adding chemicals to maintain the water in the Hot Tub and understands risks involved in not managing the water as per the manufacturers instructions.
The Customer accepts that they will be supplied with ample chemicals for the duration of the Rental period and that the Customer MUST NOT use or add any other chemicals to the water other than chemicals supplied by Hot Tub Hire Company. This includes, but is not limited to bubble bath, foam bath, washing up liquid or any other product of any description. The Customer acknowledges and understands that failing to comply with these instructions may cause severe damage to skin or body.
The Customer fully understands the risks involved with handling chemicals and irrevocably accepts these risks and accepts they take full responsibility for these chemicals during the Rental period.
SAFETY INSTRUCTIONS
The Customer is responsible to ensure that all persons using the Equipment are properly instructed on how to use it safely and correctly and that all persons have read the instructions supplied by the Company.
The Customer acknowledges they must always leave the hot tub plugged in and switched on even when not in use in order for the filtration & heating systems to work. The Customer understands that if the hot tub is accidentally switched off or a power failure occurs, the hot tub will need to be switched back on and reset as shown in the setup demonstration. The Customer must ensure the hot tub cover is on when not in use in order to retain the heat.
The Customer acknowledges and accepts the following;
CANCELLATION OF CONTRACT
The following shall apply should the Customer cancel the contract:
In the event of cancellation 15+ days before the start of the rental period there will be no charge to the Customer and monies paid will be refunded in full.
In the event of cancellation 14 days or less before the start of the rental period the deposit will be retained/payable and will not be refunded.
INSPECTION OF EQUIPMENT
The Company shall provide to the Customer equipment which has been sanitised and inspected to the required standards prior to delivery.
The Customer is responsible for inspecting the Equipment upon delivery. Upon acceptance by the Customer, the Company conclusively deems the Customer to have accepted that the Equipment is in good condition and free from damage.
The Customer shall at all times allow the Company to have reasonable access to the Equipment to inspect, test, replace or repair.
MAINTENANCE, OPERATION AND REPAIRS
The Customer shall not remove, alter, disfigure or cover up any numbering or insignia displayed upon any Equipment, and shall ensure that no Equipment is subjected to careless or rough usage and shall, at the Customer’s own expense, maintain and ultimately return to the Company the Equipment and it’s accessories, together with any tools and accessories pertaining thereto, the whole in good repair and operating order.
The Customer shall follow all instructions provided by The Company and shall not deviate from these. The Customer accepts that should they be unsure of any instruction provided, they should initially refer to their instruction check list, and if still unclear they should contact the Company. The Customer acknowledges they should not operate or use any of the Equipment provided without understanding the instructions.
The Customer acknowledges that if they require a call out of the Company’s agents during the Rental period, and it is found that the fault experienced is due to Customer negligence or misuse, a callout fee of £50 will be charged.
LOSS OR DAMAGE TO EQUIPMENT
The Customer shall indemnify and hold harmless the Company against all loss and damage to the Equipment during the rental period and the appraisal for any such loss or damage shall be based upon the replacement cost of the Equipment without deduction or depreciation together with any additional hire charge calculated in accordance with Clause 3.5.
The Customer shall be liable for all resulting loss or damage to the Equipment and expense of the Company to the extent that it: a) results from the gross negligence of the Customer which included, but is not limited to, the use or operation of the equipment in a reckless or abusive manner or, intentional damage to the Equipment by the Customer or by the Customer’s permission or, b) occurs under either of the following circumstances: i) All loss or damage associated with vandalism, malicious mischief, theft or conversion of the equipment; and/or ii) All loss or damage associated with Equipment being overloaded, operated above rated capacity or if operating instructions are not followed.
COMPANY’S AND CUSTOMERS LIABILITIES
Where in these Terms and Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly.
Nothing in these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.
While the Company shall make every effort to assist the Customer with technical know-how and experience and shall provide general advice and service the Company shall not guarantee that the Customer will achieve his/her/their intended result by the use of hired equipment and services.
The Company shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Customer or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by the Company.
The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock-out restrictions, non-availability of goods materials or labour or owing to any other cause whatsoever beyond its control.
Time is not of the essence in any contract with the Customer and the Company shall not be liable for any delays in the supply of equipment materials and services by it or for any losses whatsoever due to any such delays howsoever caused.
All equipment and materials entrusted to the Customer and all equipment and materials and services supplied by the Company are entirely at the Customer’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company.
The Company shall not be liable for any costs incurred in getting replacement equipment to the Customer in the event of the breakdown of that equipment even where such a breakdown shall have been caused or contributed to by the negligence of the Company.
If it is proved to the satisfaction of the Company, its directors or its managers, that any equipment hired by the Customer has broken down through the fault of the Company, its directors or its employees, the Company will not make charges for that equipment from the time it breaks down until the time it is replaced or repaired provided that in the event of the equipment being replaced the Customer returns the faulty equipment within 24 hours of the faulty equipment being replaced otherwise a charge will be made commencing 24 hours from the time the replacement equipment is provided and ending once the faulty equipment has been returned to the Company.
The Customer shall at all times, keep the Company, its directors, employees, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be brought against the Company, its employees, agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by the Company or for breach of copyright or any other proprietary or other rights of third parties generally resulting from compliance with the Customer’s instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract of the Company, its directors, employees or agents.
The Customer shall further compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of equipment materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Customer of these Conditions.
THE CUSTOMER’S INSURANCE
The Customer shall affect their own insurance on the Equipment. The Customer shall ensure that the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Customer’s policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 3.5 above. Particulars of replacement values, repair costs and daily rates for continuing rental will be supplied by the Company on request as appropriate.
FAILURE TO RETURN GOODS AND/OR DAMAGED GOODS
The Customer shall pay to the Company the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 3.5 of this Contract due to loss or damage.
LATE RETURNS
Equipment returned late will be chargeable to the Customer, at the single daily rate for each calendar day or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking.
TITLE
All Equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Customer who shall for all purposes be deemed the Bailee of the said equipment.
Customer’s must not sell, loan, assign, pledge, encumber, part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Customer making any attempts to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights to the equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgement or well-founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
The Customer agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period, and where such equipment is on premises not occupied or under the control of the Customer, the Customer shall undertake to secure for the Company permission to enter for such purposes and the Customer shall compensate the Company for any costs incurred in repossessing the hired equipment.
SUBLETTING AND LOCATION
The Customer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment and shall protect against distress, execution or seizure and shall indemnify the Company against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition.
The Customer shall not assign his/her/their rights hereunder nor sub-let or lend the Equipment or any parts thereof to a third party without the prior express consent of the Company.
The Equipment shall be used solely at the location where delivered to by the Company.
WARRANTIES
The Company makes no warranties, either expressed nor implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchantability or fitness for a particular purpose or, that it is suited for the Customer’s intended use. The aggregate liability of the Company hereunder, if any, shall be limited to the amount paid to it by the Customer under this lease. This represents the entire agreement between the parties with respect to the Equipment.
The Company reserves the right to refuse service to any person(s) or Customer without warning, reason or cause at any time.
FORCE MAJEURE
The Customer agrees that the Company will not be held liable for any: Act of God including tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction including lockdowns, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.
ELECTRONIC SIGNATURES.
Each party agrees (the Customer and the Company) that the signatures, whether manual, electronic, digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
It is agreed as follows:
DEFINITION OF TERMS
“The Company” means Hot Tub Hire Company, whose registered office is Brunel Way, Stephenson Ind Estate, Coalville, Leicestershire, LE67 3HF.“The Customer” means the legal entity with whom the Contract is made by the Company.
"Contract" means the Contract between the Company and the Customer for the supply and rental of the Equipment.
“Equipment” used herein shall refer to all such equipment as provided to the Customer for use during the rental period.
“The Venue” refers to the location to which the Customer has requested the Equipment to be set up by the Company, and any other location to which the Customer uses the Equipment.
MASTER AGREEMENT
The Customer and the Company acknowledge and agree that all Terms, Conditions and Clauses contained within this Contract shall govern the rental of any and all equipment by the Customer from the Company.
In the event of a conflict between the Terms, Conditions and Clauses contained in this Contract and any Terms and Conditions set out in any purchase order, acceptance or other document the Client and the Company agree that the terms of this Contract shall govern.
RENTAL PERIOD
The rental period with respect to the Equipment shall commence on and include the actual day of delivery of the Equipment to the Customer’s confirmed Venue.
The rental period shall end on and include the day of pickup of the Equipment by the Company.
The Customer is responsible for the Equipment until it has been removed from the Customer’s venue.
Rental rates are based on the rate schedule as stated on the confirmation of booking email or via the booking confirmation provided to the customer.
In the event that any or all of the Equipment is damaged, lost, stolen or damaged beyond repair during the rental period, the rental period will be deemed to continue, payable by the Customer, until such a time as the equipment is repaired or replaced. The amount of any additional hire charge payable as a direct result of the above shall not exceed £800.
TERMS OF PAYMENT
The rental charge due under this Rental Agreement shall be paid in full, in advance by the Customer. The payment is taken via the online booking platform, Stripe.
The Company reserves the right to deny delivery of equipment in the event of failure to pay for the Rental by the Customer.
A valid credit card pre-authorisation will be kept on file for security for the duration of the rental. The Customer accepts that the Company will take payment from this card to a maximum amount of £800 should the Equipment be damaged during the rental period. This includes, but is not limited to; damage to the equipment, or in the case of the Equipment being lost, stolen, vandalised and/or for loss or damage associated with the Equipment being overloaded, operated above rated capacity or if operating instructions are not followed.
THE VENUE
The Customer accepts full responsibility for the Venue which they have requested the Equipment to be supplied to and by booking and accepting the Equipment they confirm they have the authority for use of this Venue.
The Company requires full access to the Customer’s chosen Venue.
The Customer must surrender the equipment on the date of collection. The Customer accepts that the time taken to dismantle the equipment is between 30 minutes to 2 hours dependant on the Equipment provided. If the Customer incurs any additional fees from the Venue due to dismantle time, these are payable by the Customer.
The Customer must ensure any venue fees are paid in full prior to departure, The Company accepts no responsibility for venue fees.
The Company is not responsible for the Venue in any way including, but not limited to, its facilities, location or access. Any issues with the Venue must be addressed with the Venue owners by the Customer.
The Company is not responsible for any instances where the Venue prevents the Company from erecting the equipment including lack of booking and being prevented access from the premises and will not offer refunds.
CONNECTION TO MAINS SERVICES
The Company will require the Customer to have a water supply in order to fill the Hot Tub. the Customer authorises the Company to use the Customer’s water supply during the set up and dismantling of the Company’s Equipment. The Customer accepts that the cost of the water used is their responsibility.
The Company will require the Customer to have access to mains electric within 4.5m of the Equipment supplied. The rental Equipment will be required to be connected to the electric. The Customer accepts that the cost of the electric used is their responsibility.
ELECTRICAL EQUIPMENT
Any electrical Equipment supplied should be used with plugs and/or sockets as fitted by the Company’s operatives.
No Equipment shall be modified without prior written consent from the Company.
The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to equipment from incorrectly connected or disrupted supply will be chargeable.
The Customer must turn off any fairy lights or lighting Equipment provided as part of the rental when not in use. The Hot tub should be left switched on at all times.
USE OF CHEMICALS
The Company will provide to the Customer chemicals for the Rental period. The Company only supply the guidance amount of chemicals for health and safety
The Company will provide a demonstration on how to safely use the chemicals and will provide the Customer with an instruction sheet.
The Customer accepts that they will be responsible for adding chemicals to maintain the water in the Hot Tub and understands risks involved in not managing the water as per the manufacturers instructions.
The Customer accepts that they will be supplied with ample chemicals for the duration of the Rental period and that the Customer MUST NOT use or add any other chemicals to the water other than chemicals supplied by Hot Tub Hire Company. This includes, but is not limited to bubble bath, foam bath, washing up liquid or any other product of any description. The Customer acknowledges and understands that failing to comply with these instructions may cause severe damage to skin or body.
The Customer fully understands the risks involved with handling chemicals and irrevocably accepts these risks and accepts they take full responsibility for these chemicals during the Rental period.
SAFETY INSTRUCTIONS
The Customer is responsible to ensure that all persons using the Equipment are properly instructed on how to use it safely and correctly and that all persons have read the instructions supplied by the Company.
The Customer acknowledges they must always leave the hot tub plugged in and switched on even when not in use in order for the filtration & heating systems to work. The Customer understands that if the hot tub is accidentally switched off or a power failure occurs, the hot tub will need to be switched back on and reset as shown in the setup demonstration. The Customer must ensure the hot tub cover is on when not in use in order to retain the heat.
The Customer acknowledges and accepts the following;
- The Customer must ensure that persons using the Hot Tub shower before entry. This is to ensure the water in the hot tub is clean and ready for use during the Rental period. Traces of dirt, make up, moisturiser, creams etc must be cleaned from the body before entry. Please note, the water in the hot tub will be clean when left by the Company, it is down to the Customer to keep it that way. The only way dirt can enter the Hot Tub is from persons entering the hot tub. Anyone with fake tan of any description must not use the hot tub.
- The Customer acknowledges and accepts that a cleaning charge of £25 and/or a filter replacement charge of £25 may be chargeable by the Company, if after inspection of the hot tub on collection, the Company are dissatisfied with the cleanliness.
- The Customer acknowledges that all persons entering the water should do so with care, ensuring that the temperature is suitable by testing it prior to entry. It is advised that at a temperature of 37 degrees centigrade or above persons should not spend more than 15 minutes in the hot tub.
- It is advised that only plastic glasses are used in and around the hot tub.
- It is advised that swimming attire is worn in the Hot Tub, other clothing should not be worn.
- Do not enter the hot tub with shoes on or with any sharp object on your person.
- Do not dive or jump into the hot tub.
- Do not sit on the hot tub cover.
- Do not smoke whilst in or around the Hot Tub.
- Do not stand on the hot tub housing.
- You the Customer must ensure all persons using the hot tub are in a sound, healthy and fit state or have permission from their doctor where appropriate to use the hot tub safely.
- You the Customer must make sure all persons using the hot tub are not under the influence of drugs or alcohol.
- You the Customer must ensure that rules over too many people using the Hot Tub at once are put in place to prevent damage to the Hot Tub.
CANCELLATION OF CONTRACT
The following shall apply should the Customer cancel the contract:
In the event of cancellation 15+ days before the start of the rental period there will be no charge to the Customer and monies paid will be refunded in full.
In the event of cancellation 14 days or less before the start of the rental period the deposit will be retained/payable and will not be refunded.
INSPECTION OF EQUIPMENT
The Company shall provide to the Customer equipment which has been sanitised and inspected to the required standards prior to delivery.
The Customer is responsible for inspecting the Equipment upon delivery. Upon acceptance by the Customer, the Company conclusively deems the Customer to have accepted that the Equipment is in good condition and free from damage.
The Customer shall at all times allow the Company to have reasonable access to the Equipment to inspect, test, replace or repair.
MAINTENANCE, OPERATION AND REPAIRS
The Customer shall not remove, alter, disfigure or cover up any numbering or insignia displayed upon any Equipment, and shall ensure that no Equipment is subjected to careless or rough usage and shall, at the Customer’s own expense, maintain and ultimately return to the Company the Equipment and it’s accessories, together with any tools and accessories pertaining thereto, the whole in good repair and operating order.
The Customer shall follow all instructions provided by The Company and shall not deviate from these. The Customer accepts that should they be unsure of any instruction provided, they should initially refer to their instruction check list, and if still unclear they should contact the Company. The Customer acknowledges they should not operate or use any of the Equipment provided without understanding the instructions.
The Customer acknowledges that if they require a call out of the Company’s agents during the Rental period, and it is found that the fault experienced is due to Customer negligence or misuse, a callout fee of £50 will be charged.
LOSS OR DAMAGE TO EQUIPMENT
The Customer shall indemnify and hold harmless the Company against all loss and damage to the Equipment during the rental period and the appraisal for any such loss or damage shall be based upon the replacement cost of the Equipment without deduction or depreciation together with any additional hire charge calculated in accordance with Clause 3.5.
The Customer shall be liable for all resulting loss or damage to the Equipment and expense of the Company to the extent that it: a) results from the gross negligence of the Customer which included, but is not limited to, the use or operation of the equipment in a reckless or abusive manner or, intentional damage to the Equipment by the Customer or by the Customer’s permission or, b) occurs under either of the following circumstances: i) All loss or damage associated with vandalism, malicious mischief, theft or conversion of the equipment; and/or ii) All loss or damage associated with Equipment being overloaded, operated above rated capacity or if operating instructions are not followed.
COMPANY’S AND CUSTOMERS LIABILITIES
Where in these Terms and Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly.
Nothing in these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.
While the Company shall make every effort to assist the Customer with technical know-how and experience and shall provide general advice and service the Company shall not guarantee that the Customer will achieve his/her/their intended result by the use of hired equipment and services.
The Company shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Customer or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by the Company.
The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock-out restrictions, non-availability of goods materials or labour or owing to any other cause whatsoever beyond its control.
Time is not of the essence in any contract with the Customer and the Company shall not be liable for any delays in the supply of equipment materials and services by it or for any losses whatsoever due to any such delays howsoever caused.
All equipment and materials entrusted to the Customer and all equipment and materials and services supplied by the Company are entirely at the Customer’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company.
The Company shall not be liable for any costs incurred in getting replacement equipment to the Customer in the event of the breakdown of that equipment even where such a breakdown shall have been caused or contributed to by the negligence of the Company.
If it is proved to the satisfaction of the Company, its directors or its managers, that any equipment hired by the Customer has broken down through the fault of the Company, its directors or its employees, the Company will not make charges for that equipment from the time it breaks down until the time it is replaced or repaired provided that in the event of the equipment being replaced the Customer returns the faulty equipment within 24 hours of the faulty equipment being replaced otherwise a charge will be made commencing 24 hours from the time the replacement equipment is provided and ending once the faulty equipment has been returned to the Company.
The Customer shall at all times, keep the Company, its directors, employees, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be brought against the Company, its employees, agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by the Company or for breach of copyright or any other proprietary or other rights of third parties generally resulting from compliance with the Customer’s instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract of the Company, its directors, employees or agents.
The Customer shall further compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of equipment materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Customer of these Conditions.
THE CUSTOMER’S INSURANCE
The Customer shall affect their own insurance on the Equipment. The Customer shall ensure that the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Customer’s policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 3.5 above. Particulars of replacement values, repair costs and daily rates for continuing rental will be supplied by the Company on request as appropriate.
FAILURE TO RETURN GOODS AND/OR DAMAGED GOODS
The Customer shall pay to the Company the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 3.5 of this Contract due to loss or damage.
LATE RETURNS
Equipment returned late will be chargeable to the Customer, at the single daily rate for each calendar day or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking.
TITLE
All Equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Customer who shall for all purposes be deemed the Bailee of the said equipment.
Customer’s must not sell, loan, assign, pledge, encumber, part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Customer making any attempts to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights to the equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgement or well-founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
The Customer agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period, and where such equipment is on premises not occupied or under the control of the Customer, the Customer shall undertake to secure for the Company permission to enter for such purposes and the Customer shall compensate the Company for any costs incurred in repossessing the hired equipment.
SUBLETTING AND LOCATION
The Customer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment and shall protect against distress, execution or seizure and shall indemnify the Company against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition.
The Customer shall not assign his/her/their rights hereunder nor sub-let or lend the Equipment or any parts thereof to a third party without the prior express consent of the Company.
The Equipment shall be used solely at the location where delivered to by the Company.
WARRANTIES
The Company makes no warranties, either expressed nor implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchantability or fitness for a particular purpose or, that it is suited for the Customer’s intended use. The aggregate liability of the Company hereunder, if any, shall be limited to the amount paid to it by the Customer under this lease. This represents the entire agreement between the parties with respect to the Equipment.
The Company reserves the right to refuse service to any person(s) or Customer without warning, reason or cause at any time.
FORCE MAJEURE
The Customer agrees that the Company will not be held liable for any: Act of God including tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction including lockdowns, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.
ELECTRONIC SIGNATURES.
Each party agrees (the Customer and the Company) that the signatures, whether manual, electronic, digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
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