The Customer’s attention is particularly drawn to the provisions of Clause 17 (Limitation of liability). 

1. Interpretation 

The following definitions and rules of interpretation apply in this agreement. 

Definitions: 

1. a) Service Provider: CH Events. 
2. b) Buyer/Client/Customer: the person or firm who purchases the Goods and/or Services from the Service Provider. 
3. c) Contract: the contract between the Service Provider and the Customer for the hire of Goods and the supply of Services in accordance with these Conditions. 
4. d) Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. 
5. e) Commencement Date: has the meaning given in Clause 3.2. 
6. f) Conditions: these terms and conditions as amended from time to time in accordance with Clause 14. 
7. g) Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly. 
8. h) Goods: the goods (or any part of them) set out in the Order. 
9. i) Delivery: the transfer of physical possession of the Goods to the Customer. 
10. j) Logistics Costs: the logistics costs as set out in the Order. 
11. k) Order: the Customer’s order for the hire of Goods and supply of Services, as set out in the Contract for Service and the invoice provided by the Service Provider. 
12. l) Service Provider Materials: has the meaning given in Clause 7.2(h). 
13. m) Rental Payments: the payments made by or on behalf of Customer for hire of the Goods as set out in the Order 
14. n) Rental Period: the period of hire as set out in the Order 
15. o) Services: the services supplied by the Service Provider to the Customer as set out in the Order. 
16. p) Booking Fee: the Deposit required to book the service as set out in the Order. 
17. q) Site: the venue as specified in the Order 
18. r) Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress ,goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software ,database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 
19. s) Force Majeure Event: has the meaning given to it in Clause 22. 
20. t) Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation. 

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. 

Expressed Interpretations: 

1. a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

1. b) A reference to a party includes its personal representatives, successors and permitted assigns. 

1. c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision. 

1. d) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 

1. e) A reference to writing or written does not include fax. 

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:

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: 

1. a) ensure that the Goods are kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated either by the Service Provider or in a proper manner by trained competent staff in accordance with any operating instructions provided by the Service Provider; 

1. b) take such steps (including compliance with all safety and usage instructions provided by the Service Provider) as may be necessary to ensure, so far as is reasonably practicable, that the Goods are at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; 

1. c) maintain at its own expense the Goods in good condition as it was on the Commencement Date including (only if agreed by the Service Provider in writing) replacement of worn, damaged and lost parts, and shall make good any damage to the Goods; 

1. d) make no alteration to the Goods and shall not remove any existing component(s) from the Goods without the prior written consent of the Service Provider. Title and property in all substitutions, replacements, renewals made in or to the Goods shall vest in the Service Provider immediately upon installation; 
2. e) keep the Service Provider fully informed of all material matters relating to the Goods; 

1. f) keep the Goods at all times at the Site and shall not move or attempt to move any part of the Goods to any other location without the Service Provider’s prior written consent. 

1. g) permit the Service Provider or its duly authorised representative to inspect the Goods at all reasonable times and for such purpose to enter upon the Site or any premises at which the Goods may be located, and shall grant reasonable access and facilities for such inspection 
2. h) maintain operating and maintenance records of the Goods and make copies of such records readily available to the Service Provider, together with such additional information as the Service Provider may reasonably require; 
3. i) not, without the prior written consent of the Service Provider, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Goods or allow the creation of any mortgage, charge, lien or other security interest in respect of it; 

1. j) not without the prior written consent of the Service Provider, attach the Goods to any land or building so as to cause the Goods to become a permanent or immovable fixture on such land or building. If the Goods do become affixed to any land or building then the Goods must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Goods from any land or building and indemnify the Service Provider against all losses, costs or expenses incurred as a result of such affixation or removal; 

1. k) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Service Provider in the Goods and, where the Goods have become affixed to any land or building, the Customer must take all necessary steps to ensure that the Service Provider may enter such land or building and recover the Goods both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Service Provider of any rights such person may have or acquire in the Goods and a right for the Service Provider to enter onto such land or building to remove the Goods; 

1. l) not suffer or permit the Goods to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Goods are so confiscated, seized or taken, the Customer shall notify the Service Provider and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Goods and shall indemnify the Service Provider on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; 

1. m) not use the Goods for any unlawful purpose; 

1. n) ensure that at all times the Goods remain identifiable as being the Service Provider’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Goods; 
2. o) keep the Goods clean; 

1. p) deliver up the Goods at the end of the Rental Period or on earlier termination of this agreement at such address as the Service Provider requires, or if necessary allow the Service Provider or its representatives access to the Site or any premises where the Goods are located for the purpose of removing the Goods; and 

1. q) not do or permit to be done anything which could invalidate the insurances referred to in Clause 8 (Title, Risk and Insurance). 

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:

1. a) ensure that the terms of the Order are complete and accurate;
2. b) co-operate with the Service Provider in all matters relating to the Services;
3. c) provide the Service Provider, its employees, agents, consultants and subcontractors, with access to the venue, office accommodation and other facilities as reasonably required by the Service Provider to provide the Services;
4. d) provide the Service Provider with such information and materials as the Service Provider may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5. e) prepare the Customer’s premises for the supply of the Services;

1. f) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
2. g) comply with all applicable laws, including health and safety laws;

1. h) keep all materials, equipment, documents and other property of the Service Provider (Service Provider Materials) at the Customer’s premises in safe custody at its own risk, maintain the Service Provider Materials in good condition until returned to the Service Provider, and not dispose of or use.
2. i) comply with any additional obligations as required by the Service Provider.

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)