In this document the following words shall have the following meanings:
1.1 “Owner” means Hireware Ltd, company number 08830540, of 27 Old Gloucester Street, London, England, WC1N 3AX;
1.2 “Hirer” means any person who makes an Agreement for Services with the Owner;
1.3 “Equipment” means all items belonging to the Owner and hired by the Hirer as specified in the Quotation or agreed between the parties;
1.4 “Consumables” means approved products required for use with the Equipment, if any, as outlined in the Quotation;
1.5 “Quotation” means a proposal, pricing offer or other similar document describing the Services as attached to these Terms and Conditions;
1.6 “Services” means the hire of Equipment as described in the Quotation;
1.7 “Site” means the location specified by the Hirer where the Equipment is to be used as described in the Quotation;
1.8 “Fees” means the payment due from the Hirer to the Owner for provision of the Services;
1.9 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Owner;
1.10 “Agreement” means the contract between the Owner and the Hirer for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Owner to the Hirer and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Owner.
3.1 The Quotation for Services is attached to these Terms and Conditions.
3.2 The Quotation for Services shall remain valid for a period of 30 days.
3.3 The Quotation must be accepted by the Hirer in its entirety.
3.4 The Agreement between the Owner and the Hirer, incorporating these Terms and Conditions, shall come into force when the Owner confirms acceptance in writing to the Hirer.
3.5 Any typographical, clerical or other error or omission in any sales literature, quotation or price list, acceptance of offer, invoice, website or other document or information issued by the Owner shall be subject to correction without any liability on the part of the Owner.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Quotation.
4.2 Any variation to the Services must be agreed by the Owner in writing.
4.3 The Services shall commence on the start date specified in the Quotation and shall continue until the finish date specified in the Quotation or until terminated in terms of this Agreement.
4.4 The commencement of the Services is dependent on the Owner having adequate materials and labour available at the anticipated start date and the Hirer giving the Owner reasonable notice of the intention to require the Services.
4.5 The Services shall be carried out at the Site or any other location that the Owner agrees with the Hirer in writing.
4.6 The Hirer shall be responsible for collecting the Equipment from the Owner’s premises and loading it and for returning and unloading it, unless otherwise agreed in writing in the Quotation. Where the Owner agrees to deliver and collect the Equipment, the Owner shall charge a reasonable price to be confirmed before delivery. Prior to delivery, the Owner shall ensure that the Equipment subject to hire is in good working order.
4.7 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Owner shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
4.8 The Owner reserves the right to make any changes to the specification of the Equipment as described in the original Quotation.
5.1 The price and term of payment for Services is as specified in the Quotation.
5.2 A Deposit as specified in the Quotation shall be payable by the Hirer to the Owner in advance of the provision of the Services to be held as security by the Owner for the duration of the Agreement. On termination of the Agreement the Deposit shall be refundable in full to the Hirer less any amounts deducted to cover damage, loss, payments due or other costs covered by this Agreement.
5.3 The Hirer must settle all payments for Services 14 days before collection or delivery of equipment. Accounts, Bankers and Trade reference must be supplied for Credit Accounts. All invoices charged to Credit Account holders must be settled within 30 days from the invoice date.
5.4 The Hirer will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Bank of England.
5.5 The Owner is entitled to recover all reasonable expenses incurred in obtaining payment from the Hirer where any payment due is late.
5.6 The Hirer is not entitled to withhold any monies due to the Owner.
5.7 The Owner is entitled to vary the price to take account of:
5.7.1 any additional Services requested by the Hirer which were not included in the original Quotation;
5.7.2 any additional work required to complete the Services which were not anticipated at the time of the Quotation;
5.7.3 any reasonable increase in transport costs, materials or equipment required by the Owner to provide the Services;
and any variation must be intimated to the Hirer in writing by the Owner.
5.8 Fees are quoted on the understanding that the Services shall be provided during normal working hours. Should the Hirer request the Services be provided outwith these times then additional charges to cover over-time or anti-social working hours shall be payable in addition to the quoted Fees.
5.9 Should the Hirer fail to pay the Fees in accordance with these Terms and Conditions the Owner is entitled to remove all Equipment from the Site without notice.
5.10 The period of hire is as detailed in the Quotation and no credit will be given or monies refunded by the Owner to the Hirer if the Hirer deems not to require the Equipment for the agreed time.
5.11 Should the Hirer wish to cancel the Services in whole or in part, after the Owner has accepted it, written notification must be made to the Owner at least 14 working days before dispatch. Charges for cancellation are as follows: more than 3 days prior to dispatch 50% of total invoice; 2 or 3 days prior to dispatch 75% of total invoice; 1 day prior to dispatch 100% of total invoice, on the day of dispatch 100% of invoice.
6 HIRER’S OBLIGATIONS
6.1 The Hirer agrees to cooperate with the Owner at all times.
6.2 The Hirer shall provide 2 forms of Identification; a photo ID (passport or driving licence), and the other a proof of address (a bank statement).
6.3 The Hirer shall maintain adequate insurance policies to cover all liabilities as set out in these Terms and Conditions.
6.4 The Hirer shall not permit any other person to use the Equipment without the written permission of the Owner.
6.5 The Hirer must not use the Equipment outside the UK without the written permission of the Owner.
6.6 The Hirer must check the Equipment as soon as it is received or delivered and report any faults or breakages within 2 hours. Any defective Equipment will be either replaced or credited as soon as it is reasonably possible.
6.7 The Hirer must use the Equipment in a skilful and proper manner and not use the Equipment for any purpose beyond its capacity.
6.8 During the period of hire, the Hirer must take care of the Equipment and ensure its safekeeping.
6.9 The Hirer must read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions.
6.10 Broken, damaged or lost items shall be charged on a ‘new for old’ basis according to the current purchase price list. The current purchase price list is available upon request.
6.11 Linen must not be stored damp as this will cause permanent damage. Furniture is for indoor use only unless specified in the Quotation as suitable for outdoor use.
6.12 If the ‘Return dirty service’ has been chosen, all food must be scraped off the dishes before returning, and used glasses must be returned empty and upright in the boxes provided. If all food is not scraped off the dishes a further 25% of the total rental price will added to the total, making the cost of the ‘return dirty service’ increase from 25% to 50% of the total rental price.
6.13 The Hirer must immediately inform the Owner of any breakdown of the Equipment or any problem affecting the working order. The Owner shall be entitled to replace the Equipment with equipment of a similar type. Where no replacement equipment is immediately available the Hirer will be entitled to claim for a refund for the period during which the Equipment was out of order.
6.14 Unless otherwise agreed in writing by the Owner, the Hirer must keep the Equipment in its own possession at the Site;
6.15 The Hirer must return the Equipment in the same condition as when it was supplied to the Hirer. The Owner shall be allowed to charge for the cleaning and/or restoration of any Equipment not returned in a good and proper condition.
6.16 Where any loss, damage or theft occurs because the Hirer has failed to look after the Equipment the Hirer will pay the Owner the cost of the Equipment on a ‘new for old’ basis according to the current purchase price list. The current purchase price list is available upon request.
6.17 The Hirer must inform the Owner immediately of any accident involving the Equipment resulting in injury to persons or damage to property.
6.18 The Hirer must inform the Owner immediately of any loss, theft or damage to the Equipment. The Hirer shall be charged for the hire of the Equipment until the Owner is notified that the Hirer is no longer able to use it.
6.19 The Hirer must not repair the Equipment without the prior written consent of the Owner.
6.20 The Hirer agrees to pay solicitors fees and court costs involved on behalf of the Owner in having to take any legal action to recover either the Equipment, the value of the Equipment or repair costs through the Hirer not complying with the terms and conditions of hire. This also applies to any outstanding Fees accrued in this period.
7 OWNER OBLIGATIONS
7.1 The Owner shall supply the Services as specified in the Quotation and in these Terms and Conditions.
7.2 The Owner shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The Owner shall have the authority to delegate any obligations to other employees or subcontractors.
7.4 The Owner shall ensure that the Equipment is sound and adequate for the purpose requested by the Hirer. Actual colours, style, capacity or dimensions may vary from descriptions in promotional literature, websites, catalogues or order forms.
7.5 The Owner shall ensure that the Equipment meets all statutory obligations and industry guidelines.
8.1 Title to the Equipment remains with the Owner at all times. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer for the period of the Services.
8.2 The Hirer must not deal with the title or any interest in the Equipment hired. This includes, but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.
8.3 In the event of any default of this Agreement on the part of the Hirer the Owner is entitled to resume possession of the Equipment.
8.4 Risk in the Equipment passes immediately to the Hirer when the Equipment leaves the possession of the Owner.
8.5 Risk in the Equipment will not pass back to the Owner from the Hirer until the Equipment is back in the physical possession of the Owner. This shall apply even if the Owner has agreed to cease charging for the hire of the Equipment.
9.1 The Owner may terminate the Agreement if the Client fails to comply with any aspect of these Terms and Conditions.
9.2 The Hirer may terminate the Agreement if the Owner fails to comply with any aspect of these Terms and Conditions.
9.3 In the event of termination the Hirer must make over to the Owner any expenses incurred up to the date of termination.
10.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
11 LIMITATION OF LIABILITY
11.1 The Owner shall not be liable under any circumstances to the Hirer or any third party for any indirect or consequential loss of profit, damage, cost or expenses, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.2 For the avoidance of doubt, time shall not be of the essence and the Owner shall incur no liability to the Hirer in respect of any failure to complete the Services by any agreed completion date.
12.1 Subject to these Terms and Conditions the Hirer shall wholly indemnify the Owner in respect of all claims from any source at any time during the Agreement where any injury or death to persons, damage to property, or loss or damage is caused by, or arises out of, the misuse of Equipment by any person other than the Owner or their employees.
13 FORCE MAJEURE
13.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, war, fire, and the party shall be entitled to a reasonable extension of its obligations.
14.1 The Hirer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Owner.
15 RELATIONSHIP OF PARTIES
15.1 Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
19.1 Any notice to be given by either party to the other shall be served by email, and shall be deemed to be received on the day it was sent.
20 ENTIRE AGREEMENT
20.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
20.2 Every Agreement and Services that are accepted by the Owner are subject to these Terms and Conditions of Hire of Hireware Ltd.
21 GOVERNING LAW
21.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.