This contract is for the hire of equipment (the “Equipment”) and the sale of goods (the “Goods”) together with the services of engineers for the transportation, installation, removal, operation and maintenance of the Equipment and the Goods or for the provision of labour (the “Services”) in each case as previously agreed between the parties.
The parties to this Agreement are (i) APS Ltd, Clappers Farm, Clappers Farm Road, Silchester, RG7 2LE, UK (the “Company”) and (ii) the person hiring the Equipment and/or purchasing the Goods and Services (the “Hirer”).
3. CONFIRMATION OF ORDER
Any order or instructions required to be given to the Company by the Hirer shall be given by them or their duly authorised agent in writing. The Company will not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer not received by the Company in writing.
The Hirer will acknowledge receipt of the Equipment and Goods and completion of the Services upon delivery. Shortages must be agreed and noted on the delivery document and any defects should be reported immediately to the Company. Risk in the Goods passes on delivery.
The Company endeavours to ensure that all equipment let on hire to the Hirer is sound and in good order and condition at the time of delivery to the Hirer but it shall be the responsibility of the Hirer to ensure that the Equipment is fully suitable in all respects including type and condition and that it is and remains satisfactory for the purpose of which it is hired. The Hirer shall be liable for any damage caused by the Hirer or the Hirer’s subcontractors or agents.
6. SECURITY OF THE EQUIPMENT
The Hirer undertakes to make all arrangements necessary to protect the Equipment from all risks including theft, fire and vandalism until its collection by or return to the Company
The Hirer shall ensure that sufficient insurance is in place to cover the risks in paragraph 6 above and any direct or indirect consequential loss and shall on demand provide the Company with proof of the same. The Hirer shall have in place sufficient public liability insurance to cover risk to person and property.
8. CONSENTS & APPROVALS
The Hirer shall be responsible for ensuring compliance with any local authority, fire, health and safety or other regulations and applicable laws and for obtaining any necessary licenses, consents, permissions and approvals for the provision of the Equipment and the Services including any access to or from the site.
On the agreement of a quote given to the Hirer by the Company, the Hirer shall pay a deposit of 20% of the total amount quoted to secure and make the order. This is a non-refundable deposit to confirm the booking and is payable within 28 days of the deposit invoice issue. The Company will issue a final payment invoice which is due no later than 28 days prior to the event date. The Company has the right to charge the Hirer interest on any due and unpaid amounts at the rate of 4% per annum above the Bank of England base rate.
10. TAX & VAT
In addition to the hire charges, the Hirer shall if applicable pay VAT or any other tax on charges imposed by national or local government at the rate applicable to the hire in addition to the prices quoted.
The Hirer agrees that in the case of their cancellation of any order, which occurs before or after the Equipment has arrived on site, the Hirer will cancel in writing. In the event of the Hirer cancelling any order for any reason within 28 days of the event date, no refund will be given or returned to the Hirer or any agents of. If the Hirer cancels 90 to 28 days prior to the event date, then only the 20% non-fundable deposit is retained by the Company and the Company will refund the remaining 80% should it have been paid. If the Company, for any reason, is the cancelling party, the Company’s liability shall be limited as set out in paragraph 14 below.
The Company may, without prejudice to its other rights and remedies, terminate this agreement in writing if the Hirer fails to take delivery of the Equipment or commits any breach of these terms and conditions or if in the Company’s opinion the financial standing of the Hirer becomes unsatisfactory. If this agreement is so terminated, the Company shall be relieved of all liability under this agreement, but without prejudice to any claim or right the Company might otherwise have against the Hirer.
13. THE COMPANY’S RESPONSIBILITIES
In the event of failure of an item of equipment in the normal course of use which cannot be rectified through substitution or repair then the Company’s liability will be limited to forward hire charges attributable to said piece of equipment under this agreement. Such waiver shall be the limit of the Company’s liability in respect hereto and no claims for damages or consequential loss shall be accepted. Nothing in this clause shall have effect so as to exclude the liability of the Company in respect to personal injury claims due to the Company’s negligence. Any failure or delay caused by circumstances outside of the Company’s control is excluded absolutely.
14. THE HIRER’S RESPONSIBILITES
It is the Hirer’s responsibility to confirm the venue will provide an adequate power supply. The Company will not be held responsible for power failure or faulty supplies. It is the Hirer’s responsibility to confirm that all agreed modes of access (lifts/loading bays/corridors/roads etc.) will be available, clear and operational for the set-up and take-down times stated in the quotation. If access modes are unavailable, we reserve the right to charge for additional resources and/or labour to cover any expenses we may incur.
15. OWNERSHIP OF EQUIPMENT & GOODS
The Equipment remains at all times the property of the Company and the Hirer shall have no dealings with any interest in the Equipment or any part thereof. The Hirer will at all times keep the Equipment in his own care and possession. Ownership of Goods purchased passes only when full payment is received by the Company.
16. FORCE MAJEURE
Neither party shall be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement to the extent that such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond such party’s reasonable control, including but not limited to any of the following: acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; extreme adverse weather conditions; collapse of building structures, failure of plant machinery, machinery, computers or vehicles; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance by suppliers or subcontractors.
17. NO WAIVER
No failure or delay by the Company to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy, nor shall any single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
This agreement shall not be assigned, sub- contracted, delegated or transferred by either party without the prior written consent of the other party.
19. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or 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.