1. Definitions and Law
The hired item(s) specified on all documents are hereinafter referred to as Equipment. Cameo Event Hire Ltd. is the Owner or Baliee of Equipment and is hereinafter referred to as the Owner. The invoicee shown on all documentation is hereinafter referred to as the Hirer. The Law of England shall govern the rights and obligations of the parties to this contract the construction of the same; and, so far as possible, all other matters arising out of or connected with making, execution and termination of the same.
2. Basis of Charging
The Hirer will pay the hire charges which will commence from the time and at the rate(s) agreed and continue during the terms until the Equipment is restored to the Owner in a clean and serviceable condition against the Owners receipt unless a cleaning fee is agreed. All charges are payable before delivery unless alternative terms have been agreed in writing. The Owner reserves the right to charge interest at the rate of 5% per month on charges not paid by the Hirer.
3. Carriage Charges
Hire charges do not include carriage, and any expenses incurred by the Owner in delivering, recovering Equipment or attempting same will be paid by the Hirer. Where carriage is quoted by the Owner, such charges will include a charge for a maximum of 30 minutes attendance by the Owner’s vehicle at the address specified by the Hirer. Further time will be paid by the Hirer.
4. Maximum Period of Contract (If Hirer is not a Limited Company) If the Hirer is an individual or a partnership (including and unincorporated body of persons) and not a Limited Company then the Contract will terminate not later than 3 months from the commencing date. In which circumstances the Hirer shall on the eve of the last day of the said 3 months return the Equipment to the Owner.
5. Extent of Contract
The contract commences when instructions have been received by the Hirer and accepted by the Owner and terminates when all parties have discharged their contractual obligations. The Equipment is hired out subject to agreed term and herein set out. All terms whatsoever other than those expressly set forth herein are hereby excluded. The Owner reserves the right to substitute articles of similar or superior quality. In addition the Owner reserves the right to charge 50% of the hire charge if the order is cancelled within 5 days of delivery and the full.
6. The Responsibility of Person Signing
The person signing this contract hereby acknowledges that he has been instructed in the operation and use of the Equipment. The said person and the Hirer undertake to ensure that no one uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused.
7. Delivery in Good Order
The person signing the contract having afforded the opportunity to inspect the Equipment, the equipment is hereby deemed to be in good working order and wholly free from damage at time of delivery.
8. Responsibility of Hire – Loading and Unloading
The Owner shall be responsible the loading and unloading the Equipment at the address specified by the Hirer, and likewise at the Owners premises when transported by the Hirer, or his agent, and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such times.
9. The Hirer’s Responsibility
The Hirer’s responsibility commences upon receipt of the Equipment or on delivery as requested and ends when the Equipment is restored to and checked by the Owner. The Hirer agrees the he will not see or otherwise part with control of the Equipment.
10. Hirer’s Responsibility – Third Party
The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability loss, claim or proceeding whatsoever in respect of any personal injury whatsoever, (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Equipment) arising out of or in connection with or consequent upon hire, delivery, use, misuse, non-use, re-possession, collection, return or non-return of the Equipment or any part thereof.
11. Electrical Equipment
Where the Equipment is electrical in part or in whole the same should normally be used with plugs and/or sockets as fitted, but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. Under no circumstances should electrical Equipment be used without being correctly earthed unless it is of double insulated construction.
12. Maintenance of Equipment & Breakdown Procedures
The Hirer shall keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or unsatisfactory working of Equipment must be immediately notified to the Owner. Under no circumstances shall the Hirer repair or attempt to repair the Equipment unless authorised by the Owner. Such Equipment must be returned to the owners premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner.
13. Consequential Losses
The Owner shall not be liable for any consequential expense, liability, loss, claim or proceeding, whatsoever caused by, or arising out of, the late delivery, non delivery, unsuitability, or repossession of the Equipment, or any part thereof or any breakdown, or stoppage of same.
14. Lost, Non-Returned, Damaged or Unclean Equipment
When equipment is reported lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the replacement charge shown on the documentation. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Equipment returned damaged or unclean. Hire charges will continue until such rectification is complete. Packing Boxes/Crates and other containers which are not returned will be charged at the prevailing rates.
15. Determination of Hire
The owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and repossess the Equipment or any part thereof.
16. Marquee bookings must be confirmed with the agreed Booking Fee. Final payment to be made 48 hours days before delivery date. Delivery will not be made unless full payment has been received.
17. The Hirer is responsible for any loss or damage howsoever caused from the time of delivery until collected by the Owner.
18. The Owner reserves the right to alter the size of marquees and equipment to the nearest size and type available.
19. The Owner will in no way be responsible for any damage howsoever caused arising from the use or mis-use of any hired Equipment.
20. The Owner will be in no way be responsible for damage to drains, pipes or cables, or other buried services or low hanging cables etc. overhead.
21. Marquee Insurance
Due to the value of marquee equipment, customers are advised to take out Insurance. Marquee insurance cover can be arranged by the Owners. The customer will be responsible for the first £250.00 of any claim.
22. Booking Fees / Deposits
Marquee booking fees and Catering deposits (min £50) are not returnable if cancelled.
23. Marquee Contract Cancellation must be confirmed in writing.
a. Cancellation received more than 5 weeks prior to delivery will not incur any additional charge apart from the marquee booking fee/deposit.
b. 5-4 weeks prior to delivery – 40% of contract price.
c. 4-3 weeks prior to delivery – 50% of contract price.
d. 3-2 weeks prior to delivery – 75% of contract price
e. Less than 2 weeks prior to delivery – 100% of contract price.
24. Rights of Access
The Hirer hereby authorises the Owner (upon production of appropriate documentation) to enter upon any premises wherein the Owner reasonably believes any Equipment or any part thereof to be, and if, and in so far as, the Owner in his absolute discretion deems necessary to inspect, test, repair, replace or repossess the same.
Should any term in this contract be held to be invalid such invalidations will not affect the validity of remaining terms.