The Customer’s attention is particularly drawn to the provisions of Clause 17 (Limitation of liability).
The following definitions and rules of interpretation apply in this agreement.
u) UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
v) Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data(including, without limitation, the privacy of electronic communications.
2. Goods Hire
2.1 The Service Provider shall hire the Goods to the Customer for use at the Site subject to the terms and conditions of this Agreement.
2.2 The Service Provider shall not, other than in the exercise of its rights under this agreement or applicable law, interfere with the Customer’s quiet possession of the Goods.
3. Basis of Contract and Contract For Service
3.1 The Order constitutes an offer by the Customer to hire Goods and purchase the Services in accordance with these Conditions.
3.2 The Order shall only be deemed to be accepted and effective on the date the last party signs. That is when the Service Provider issues a signed confirmation of the Order, in the form of the Contract For Service, bearing its (CH Events’) second signatory. It is at this point that the Contract For Service shall come into existence (Commencement Date). An invoice is also issued alongside this.
3.3 Any samples, drawings, descriptive matter or advertising issued by the Service Provider and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Service Provider’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
3.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
3.5 Any quotation given by the Service Provider shall not constitute an offer.
3.6 All of these Conditions shall apply to the hire of Goods and the supply of Services except where application to one or the other is specified.
4. Rental Payments, Booking Fee, Cancellation and Cancellation Charges
4.1 The Customer shall pay the Rental Payments to the Service Provider in accordance with the Order. The Rental Payments shall be paid in British Sterling.
4.2 All amounts due under this Agreement by the Customer shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.3 In the event of any cancellation of a booking, any Booking Fee (Deposit) that has been paid will be forfeited. Cancellation charges will be made as follows:
|Length of time notice is given to the Service Provider by the Customer prior to the event/ hire dates specified in the Order||Amount due to the Service Provider|
|90-61 days||50% excluding Logistics|
|60-31 days||75% excluding Logistics|
4.4 The Service Provider will be entitled to deduct any Logistics Costs from the order total.
4.5 Should the unexceptional and unusual occasion arise for the Service Provider to cancel an event; it may do so at its sole discretion and reimburse the customer’s fees. Where this happens the Service Provider shall have no other liability to the customer.
5. Rental Period
The Rental Period starts on the date specified in the Order as confirmed in the Contract For Service. It shall continue for a period of time as specified in the Order unless this Agreement is terminated earlier in accordance with its terms.
6. Delivery of Goods
6.1 Delivery of the Goods shall be made by the Service Provider or the Customer will collect the Goods from the Service Provider as set out in the Order.
6.2 Title and risk shall transfer in accordance with Clause 8 (Title, risk and insurance) of this Agreement.
6.3 Where the Service Provider delivers the Goods, the Service Provider shall at the Customer’s expense install the Goods at the Site. The Customer shall procure that a duly authorised representative of the Customer shall be present at the installation of the Goods. Acceptance by such a representative of installation shall constitute conclusive evidence that the Customer has examined the Goods and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. The Customer’s duly authorised representative shall sign a receipt confirming such acceptance.
6.4 To facilitate Delivery and installation, the Customer shall at its sole expense provide all requisite materials, facilities, access and suitable working conditions to enable Delivery and installation to be carried out safely and expeditiously.
6.5 The Customer shall provide parking to the Service Provider at all times while they are on Site, if for any reason this is not available the Customer shall be liable to pay for any parking charges or fees incurred by the Service Provider.
6.6 The Service Provider shall not be held liable for any damage caused to buildings or property which is caused by no act or omission of the Service Provider and which will remain the sole responsibility and liability of the Customer.
7. Customer’s Responsibilities for the Goods
7.1 Customer acknowledges that the Service Provider shall not be responsible for any loss of or damage to the Goods arising out of or in connection with any negligence, misuse, mishandling of the Goods or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify the Service Provider on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this agreement.
7.2 The Customer shall during the term of this Agreement:
8. Title, Risk and Insurance
8.1 The Goods shall at all times remain the property of the Service Provider, and the Customer shall have no right, title or interest in or to the Goods (save the right to possession and use of the Goods subject to the terms and conditions of this agreement).
8.2 The risk of loss, theft, damage or destruction of the Goods shall pass to the Customer on Delivery. The Goods shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Goods are in the possession, custody or control of the Customer (Risk Period) until such time as the Goods are redelivered to the Service Provider. During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
a) insurance of the Goods to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Service Provider may from time to time nominate in writing;
b) insurance for such amounts as a prudent owner or operator of the Goods would insure for, or such amount as the Service Provider may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Goods
c) insurance against such other or further risks relating to the Goods as may be required by law, together with such other insurance as the Service Provider may from time to time consider reasonably necessary and advise to the Customer; and
d) insurance on an “all risks” basis including accidental loss destruction or damage by fire, lightning, aircraft, explosion, riot, civil commotion, malicious damage, earthquake, storm, tempest, flood, bursting and overflowing of water tanks pipes and apparatus, falling trees, impact, escape of fuel from any fixed oil heating installation, accidental damage and theft for the value of the Goods as identified in the Order.
8.3 The Customer acknowledges that they are liable to reimburse the Service Provider for the full costs of the Goods hired irrespective of whether or not any insurance claim is settled by the Customer’s insurers.
8.4 All insurance policies procured by the Customer shall be endorsed to provide the Service Provider with at least twenty (20) Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon the Service Provider’s request name the Service Provider on the policies as a loss payee in relation to any claim relating to the Goods. The Customer shall be responsible for paying any deductibles due on any claims under such insurance policies.
8.5 The Customer shall give immediate written notice to the Service Provider in the event of any loss, accident or damage to the Goods arising out of or in connection with the Customer’s possession or use of the Goods.
8.6 If the Customer fails to effect or maintain any of the insurances required under this agreement, the Service Provider shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Customer.
8.7 The Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Service Provider and proof of premium payment to the Service Provider to confirm the insurance arrangements.
8.8 Force Majeure -The Customer is advised to have in place insurance cover, should a Force Majeure event cause a planned Event to be cancelled.
9. Supply of Services
9.1 The Service Provider shall supply the Services to the Customer in accordance with the Order in all material respects.
9.2 The Service Provider reserves the right to amend the Order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Service Provider shall notify the Customer in any such event.
10. Customer’s Services obligations
10.1 The Customer shall:
10.2 If the Service Provider’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default)
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