Definitions
‘Company’ means High Spirits whose centre of operations is located at 23 Victoria Avenue, Saffron Walden, Essex, CB11 3AD.
‘Client’ is the person hiring the Equipment from the Company.
‘Equipment’ is the Bar(s) and other materials specified on the Booking Confirmation and nothing else.
‘Hire Period’ is the period between completing the set up of the Equipment and beginning the dismantling.
‘Price’ is the amount payable by the Client to the Company as specified on the Booking Confirmation.
‘Minimum Charge’ is the minimum amount of money that must be paid for the service provided.
‘Booking Confirmation’ is the form issued by the Company to the Client containing details of the Equipment, Hire Period and Price.
‘Invoice’ is the invoice or invoices issued by the Company to the Client in relation to the Booking Confirmation.
1. CONDITIONS
1.1 Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the Client by authorising or allowing work to proceed is deemed to have acknowledged this.
2. THE COMPANY UNDERTAKES
2.1 To deliver the Equipment and proceed to erect it on or before the Set-Up date shown on the Booking Confirmation. If this is not known at the time of booking, it will be noted at TBC. Client agrees to notify the Company as soon as practically possible.
2.2 To dismantle and remove the Equipment from the site on or after the Dismantling date shown on the Booking Confirmation.
3. THE CLIENT UNDERTAKES
3.1 To pay the Deposit and to pay the Balance in accordance with the Invoice. The Company reserves the right not to provide the Equipment should payment not be received.
3.2 To pay interest on all outstanding invoices at the rate of 6% per annum above the base rate of Barclays Bank Plc.
3.3 To provide the Company with either a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles, or, to make available a representative on the site for that purpose. In the absence of both, then the Company having erected the Equipment where it thinks fit shall be deemed to have completed the contract. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes.
3.4 If any part of the Equipment includes electrical apparatus, Client is to provide such power points or supply as may be reasonably required by the Company within 25 metres of the Equipment.
3.5 Not to enter the immediate vicinity whilst it is being erected or dismantled by the Company.
3.6 To keep any part of the Equipment secure and in particular:
3.6.1 Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company.
3.6.2 Not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company.
3.6.3 Not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
3.6.4 Not to move, relocate or reposition any of the Equipment.
4. VARIATIONS
4.1 The Hire Charge is based on the assumption that the Client provides a firm and level surface that is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles and is free from flooding, trees and overhead obstruction. If this is not the case, or if the Client wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Client to the Company at the time of booking, and in either event, the costs to the Company are
subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price.
5. LOSS OR DAMAGE
5.1 The Client shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.
5.2 The Client must be satisfied with the Equipment before use and should notify the Company of any incorrect deliveries or unacceptable Equipment before use.
5.3 The Client shall be responsible for and indemnify the Company against any loss of or damage to all hired equipment whatsoever the cause.
5.4 The Client must provide to the Company proof of having arranged insurance in their name for the hired Equipment at least seven days prior to the delivery date of the Equipment.
5.5 If a Damage Waiver Fee is included on the Booking Confirmation, then upon payment of the Damage Waiver Fee the above clauses 5.3 and 5.4 will not apply but the client will remain responsible for the first £500 of any loss and for any loss or damage resulting from their negligence or legal liability.
6. UNDERSTANDING
6.1 The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
6.2 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
7. CANCELLATION
7.1 Either party shall have the right to terminate this Contract without penalty within fourteen (14) days from the date hereof subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise.
7.2 Once the fourteen days referred to in the preceding clause has passed, should the client cancel the contract, a cancellation fee will be payable as follows:
| Days Notice Given | Fee Payable |
| >365 | 0% |
| 181 – 365 | 25% |
| 91 – 180 | 50% |
| <90 | 100% |
7.3 If the Client cancels pursuant to the preceding clause and the Company is able to re-let the Equipment then the Client shall not pay the full cancellation charge but an administration charge based on the costs incurred by the Company in re-letting the Equipment which in any event shall not exceed 25% of the Hire Charge.
8. EXCLUSION OF LIABILITY
8.1 The Company will make every effort to complete the erection of the Equipment on or before the Set-Up date shown on the Booking Confirmation provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before the Set-Up date shown on the Booking Confirmation the Client shall have the right to withdraw and the Company shall return all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall not be liable to pay further compensation to the Client.
8.2 The Company will take all reasonable care to avoid damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.
9. THIRD PARTY LIABILITY
9.1 The Company will not be responsible for, and the Client will indemnify the Company against, all claims for the injury to persons or loss or damage to property howsoever caused unless it is proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of it.
10. GOVERNING LAW
10.1 This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
