1. INTERPRETATION - In these Conditions the following words have the following meanings:
“DeluxeHire” means DeluxeHire, Catering and Event Equipment Hire.
"Conditions" means terms and conditions set out in this document.
“Contract” means the contract for hire of the Hire Goods between the Customer and DeluxeHire in accordance with these Conditions.
“Customer” means the person, firm, company, other organisation or authorised representive of the person, firm, company or other organisation speciﬁed in the Order Confirmation.
“Deposit” means any advance payment required by DeluxeHire in relation to the Hire Goods pursuant to clause 3.1;
“Force Majeure”’ means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, ﬁre, labour disputes, strikes, acts or omissions of sub-contractors, lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, vehicular failure or failure of a transport network (including but not limited to trafﬁc jams) and any other similar events.
“Conditions” mean the terms and conditions set out in this documents:
“Hire Goods” means the goods speciﬁed in the Order Conﬁrmation;
“Hire Period” means the period commencing when the Customer receives the Hire Goods and ending upon the earlier of: (i) the physical return of the Hire Goods by the Customer into DeluxeHire’s possession; or (ii) the physical repossession or collection of Hire Goods by DeluxeHire;
“Order Conﬁmation” means DeluxeHire’s written conﬁrmation off the Customer’s order;
“Rental Charges” means the charges for the Hire Goods specified in the Order Conﬁrmation;
“Services” means the services and/or work (if any) to be perfomred by DeluxeHire for the Customer in conjunction with the hire of the Hire Goods including any delivery and/or collection service for the Hire Goods.
2. BASIS OF CONTRACT
2.1. A Contract will come into effect between DeluxeHire and the Customer on the basis of the Order Confirmation from the earlier of the Customer’s written or e-mail acceptance that the details in the Order Conﬁmation are correct or DeluxeHire’s delivery or release of the Hire Goods to the Customer. The Contract will be governed by these Conditions and any prior written or oral representations of DeluxeHire or its authorised representatives to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any order, confirmation of order, specification or other document).
2.2. Neither DeluxeHire nor the Customer may alter the terms of the Contract without the agreement of the other party
3.1. The amount of any Deposit, Rental Charges and/or charges for any Services shall be as set out in the Order Conﬁrmation. Where a Deposit (equal to 50% of the Rental Charges; minimum £50) is required for the Hire Goods it must be paid by valid credit or debit card in advance of DeluxeHire delivering or releasing the Hire Goods to the Customer. Where speciﬁed in the Order Conﬁrmation DeluxeHire may also require an initial payment on account of the Rental Charges and/or charges for the Services or full payment of such sums in advance of DeluxeHire delivering or releasing the Hire Goods to the Customer.
3.2. The Customer shall pay the Rental Charges, charges for any Services, and/or any other sums payable under the Contract to DeluxeHire at the time(s) provided in the Order Confimation. If payment is to be made in instalments DeluxeHire reserves the right to suspend its ongoing performance of its obligations until any outstanding payment is received.
3.3. DeluxeHire shall within 28 days of the date of return or collection of the Hire Goods (i) deduct from the Deposit any sums due to it as provided in these Conditions and (ii) refund any remaining Deposit to the Customer. Either back to credit or debit card, cheque or bank tranfer.
3.4. DeluxeHire’s prices are, unless otherwise stated, exclusive of any applicable VAT which shall be added to the relevant charges payable by the Customer at the prevailing rate.
3.5. Any sums due under these Conditions for which pre-payment is not repaid shall be paid within 14 days of the Customer’s receipt of an invoice for the applicable sum from DeluxeHire. In cases where DeluxeHire has made every effort to contact the Customer either by post, email or phone without success, DeluxeHire reserves the right, without further notice to the Customer, take action to recover the hire or full replacement cost of the Hire Goods set out in the Contract by charging the Customer's debit/credit card provided in accordance with clause 3.1.
4. RESPONSIBILITY. OWNERSHIP AND INSURANCE
4.1. The Customer shall be responsible for the Hire Goods immediately from when they leave the physical possession or control of DeluxeHire, being the time when they are loaded into the Customers vehicle or unloaded from DeluxeHire’s vehicle.
4.2. Responsibility for the Hire Goods will not pass back to DeluxeHire from the Customer until the Hire Goods are back in the physical possession of DeluxeHire, being the time when they are unloaded from the Customer’s vehicle or loaded onto DeluxeHire’s vehicle.
4.3. Ownership of the Hire Goods remains at all times with DeluxeHire. The Customer has no right, title or interest in the Hire Goods and must not sell or assert any right to possess the Hire Goods other than for the purpose for which they are provided for hire by DeluxeHire. The Customer shall not hire or release possession of the Hire Goods to any third party without DeluxeHire’s prior written consent which shall not be unreasonably withheld. The Customer shall in such circumstances remain responsible for the Hire Goods unless such third party enters into a direct agreement with DeluxeHire.
4.4. Where provided in the Order Conﬁrmation DeluxeHire may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as DeluxeHire may specify. The proceeds of any such insurance shall be held by the Customer in trust for DeluxeHire and be paid to DeluxeHire on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without DeluxeHire’s prior written consent.
5. DELIVERY COLLECTION AND SERVICES
5.1. It is the responsibility of the Customer to collect the Hire Goods from DeluxeHire and return them to DeluxeHire at the end of the Hire Period, in each case in accordance with the times provided in the Order Confirmation. lf DeluxeHire agrees to deliver or collect the Hire Goods to and/or from the Customer, it will do so at its standard delivery cost as provided in the Order Conﬁrmation and such delivery and/or collection will form part of the Services. If DeluxeHire speciﬁes an A.M. delivery or collection, this shall take place between the hours of 8 a.m. and midday. If DeluxeHire speciﬁes a P.M. collection or delivery, this shall take place between midday and 6 p.m. DeluxeHire may charge additional sums as speciﬁed in the Order Conﬁrmation or as otherwise notified to the Customer if the Customer requests a collection or delivery time outside of those speciﬁed above or at weekends or on bank holidays. Where a Customer has requested a timed delivery there will be an allowance of 30 minutes either side of such time due to trafﬁc or unforeseen circumstances.
5.2. The Customer shall be solely responsible for any instructions given by the Customer to any person performing Services while they are on the Customer’s premises and for any damage which occurs as a result of such persons following the Customer’s instructions except to the extent that the persons performing the Services are negligent.
5.3. The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to power supplies and utilities for DeluxeHire to carry out the Services. The Customer will ensure that the site where the Services are to be performed is safe and is, where necessary, cleared and prepared before the Services are due to commence.
5.4. The Customer must check all Hire Goods upon delivery and report any damages, faults, shortages or discrepancies to DeluxeHire immediately by either telephone, fax or email. DeluxeHire shall use reasonable endeavours to promptly replace any damaged Hire Goods or make up any shortages or discrepancies.
5.5. Where the Hire Goods are to be delivered by DeluxeHire, the Customer (or an appropriate representative) must be present when the Hire Goods are delivered and sign for delivery of all such Hire Goods.
5.6. When DeluxeHire is delivering or collecting Hire Goods, a period of 30 minutes from arrival at the site of the Customer shall be permitted for the delivery or collection of the Hire Goods. In the event that such 30-minute period is exceeded as a result of the action or inaction of the Customer, additional charges will be applied by DeluxeHire at the rate of £22.00 per additional 15-minute period. DeluxeHire may deduct any such charges incurred from any Deposit.
5.7. DeluxeHire agrees to deliver the Hire Goods to a loading bay or other ground floor entrance unless otherwise agreed prior to the date of delivery. DeluxeHire reserves the right to make an additional charge in respect of delivery other than to a ground floor entrance.
5.8. The Customer must inform DeluxeHire on request whether any restrictions or special requirements as regards vehicle access for the purpose of delivery or collection apply. In the event that the Customer requests DeluxeHire to deliver or collect Hire Goods from an area which is not a designated loading/unloading area the Customer shall be responsible for and shall reimburse DeluxeHire in respect of any parking ﬁnes or charges incurred by DeluxeHire. DeluxeHire may deduct any such charges incurred from any Deposit.
5.9. The customer agrees to repack all Hire Goods into their appropriate containers and in circumstances where DeluxeHire agrees to collect the Hire Goods, to make such Hire Goods available for collection at the same location to which they were originally delivered. DeluxeHire reserves the right to make an additional charge in respect of collection from a location other than the location to which the Hire Goods were originally delivered.
5.10. In circumstances where DeluxeHire agrees to collect the Hire Goods, the representative of DeluxeHire will ask the Customer to sign a collection note. For the avoidance of doubt, the Customer’s signature of a collection note is an acknowledgement that DeluxeHire has been to collect Hire Goods, not that all Hire Goods have been collected by DeluxeHire.
5.11. DeluxeHire reserves the right to supply substitute items of equivalent quality to the Hire Goods if any of the Hire Goods are unavailable for reasons beyond DeluxeHire’s reasonable control. In such circumstances DeluxeHire shall notify the Customer as soon as reasonably practicable to discuss alternative options.
6. CARE OF HIRE GOODS
The Customer shall:
6.1.1. not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose and in a safe and correct manner in accordance with any operating and/or safety instructions which may be provided or supplied to the Customer;
6.1.2. notify DeluxeHire as soon as practicable after any break-down, loss and/or damage to the Hire Goods;
6.1.3. take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks, and store the Hire Goods in accordance with any instructions provided to it or where none as appropriate according to the nature of the Hire Goods;
6.1.4. notify DeluxeHire of any change of its address and upon DeluxeHire’s request provide details of the location of the Hire Goods;
6.1.5. permit DeluxeHire at all reasonable times to inspect the Hire Goods, including procuring reasonable access to any property where the Hire Goods are situated;
6.1.6. keep the Hire Goods at all times in its possession and control and not remove the Hire Goods from the United Kingdom without the prior written consent of DeluxeHire;
6.1.7. be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that DeluxeHire has agreed to provide them as part of any Services;
6.1.8. not do or omit to do any thing which will or may be deemed to invalidate any policy of insurance related to the Hire Goods which is notified to the Customer;
6.1.9. not continue to use Hire Goods where they have been damaged and notify DeluxeHire immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
6.1.10. where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
6.2. The Hire Goods must be returned by the Customer or made available for collection by DeluxeHire in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods in the Customers possession.
7.1. Allowance will be made in relation to the Rental Charges to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs DeluxeHire as soon as practicable of the breakdown.
7.2. DeluxeHire will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods or the negligence of DeluxeHire. The Customer will be responsible for the cost of all repairs necessaly to Hire Goods during the Hire Period which arise other than as a result of fair wear and tear, an inherent fault and/or the negligence of DeluxeHire.
7.3. The Customer must not repair or attempt to repair the Hire Goods unless authonsed to do so in wnting by DeluxeHire.
8. LOSS OR DAMAGE TO THE HIRE GOODS
8.1. lf the Hire Goods are returned in a damaged, unclean and/or defective state, except where due to fair wear and tear, an inherent fault in the Hire Goods and/ or the negligence of DeluxeHire, the Customer shall be liable to pay DeluxeHire for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay Rental Charges (at the rates provided in clause 3.1, calculated pro rata as necessaly), until such repairs and/or cleaning have been completed. DeluxeHire shall use reasonable endeavours to complete such repairs and/or cleaning as soon as practicable.
8.2. The Customer shall pay the Rental Charges for the Hire Goods up to and including the date it notifies DeluxeHire that some or all of the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until DeluxeHire has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental, a sum as liquidated damages being equal to two thirds of the Rental Charges that would have applied for such Hire Goods for that period. DeluxeHire shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible.
8.3. lf the Customer does not return any or all of the Hire Goods to DeluxeHire, DeluxeHire shall notify the Customer of the non returned items prior to invoicing the Customer an amount equal to the full replacement cost of such item, which sum shall be paid by the Customer in accordance with clause 3.5. Sums due under this clause 8.3 are in addition to any sums due under clause 8.2. lf non-returned items are subsequently found by the Customer prior to DeluxeHire having replaced and the Customer having paid for such items, it is the Customers‘ responsibility to retum the items to DeluxeHire. Where it is necessaly for DeluxeHire to collect these late retums, the Customer will be charged an additional collection fee.
8.4. DeluxeHire shall not accept any substitutes for lost or damaged Hire Goods supplied by the Customer unless agreed in writing by DeluxeHire.
8.5. The Customer shall return all crates, boxes, hampers, pallets and cages supplied by DeluxeHire. Failure to retum such items to DeluxeHire will result in a charge for their full replacement value being made against the Customer, which sum may be deducted from any Deposit.
8.6. ln the event that the Hire Goods consist of linen items the Customer will ensure that such linen items are returned in the correct bags. Any damage caused to linen items such as mildew will be charged at the full replacement cost by DeluxeHire.
9. TERMINATION BY NOTICE
9.1. lf the Hire Period has a fixed duration, subject to the provisions of clauses 10 and 11 neither the Customer nor DeluxeHire shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed in writing with the other party.
9.2. lf the Hire Period does not have a fixed duration either of the Customer or DeluxeHire may terminate the Contract upon giving to the other party any agreed or specified period of notice.
9.3. lf no penod of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to DeluxeHire and DeluxeHire shall be entitied to terminate the Contract by giving not less than 14 days‘ notice to the Customer.
10.1. lf the Customer:
10.1.1. fails to make any payment to DeluxeHire when due;
10.1.2. breaches the terms of the Contract and, where the breach is capable of remedy, fails to remedy the breach within 14 days of receiving notice requiring the breach to be remedied;
10.1.3. persistently breaches the terrns off the Contract;
10.1.4. provides incomplete, matenally inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5. creates or purports to create any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, or suffers any distress, execution or other legal process over its property, or (where an individual) has a bankruptcy petition presented against him/her or takes or suffers any similar action in any jurisdiction;
10.1.6. being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets or takes or suffers any similar action in any jurisdiction;
then DeluxeHire may, without prejudice to any other remedies, exercise any or all of the nghts set out in clause 10.2 below.
10.2. lf any of the events set out in clause 18.1 above occurs in relation to the Customer then:
10.2.1. except where the Customer is acting as a consumer DeluxeHire may enter, without prior notice, any premises of the Customer (or premises of third parties) where Hire Goods owned by DeluxeHire may be and repossess any Hire Goods;
10.2.2. DeluxeHire may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
10.2.3. DeluxeHire may immediately cancel, terminate and/or suspend without liability to the Customer the Contract.
10.3. Any repossession of the Hire Goods shall not affect DeluxeHire's right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred pnor to repossession of the Hire Goods.
10.4. The Customer may terminate the Contract immediately by notice in writing to DeluxeHire if DeluxeHire is in material breach of the Contract and where remediable fails to remedy the breach within 14 days of its receipt of notice from the Customer requinng its remedy.
10.5. Upon termination of the Contract under clause 9 or 10 the Customer shall immediately:
10.5.1. retum the Hire Goods to DeluxeHire or make the Hire Goods available for collection by DeluxeHire as requested by DeluxeHire, in each case in accordance with these Conditions;
10.5.2. pay to DeluxeHire all sums outstanding for Rental Charges, charges for any Services and/or any other sums payable under the Contract.
lf the Customer decides to cancel, the Hire Period prior to delivery and DeluxeHire is unable to hire the Hire Goods during the Hire Period to a third party, DeluxeHire reserves the right to apply the following charges (where applicable by deducting sums from the Deposit, with any remaining Deposit being retumed to the Customer within 28 days of the date of cancellation):
Notice period given Charges
48 hours prior to delivery Full Rental Charges
Up to 5 days prior to delivery 58% of Rental Charges
Up to 18 days prior to delivery 38% of Rental Charges
10 days or more prior to delivery No charge
All cancellations must be confirmed in wnting to DeluxeHire by fax or email. Where the Customer is a consumer, DeluxeHire will pay an equivalent sum to the Customer if DeluxeHire cancels the Contract. On payment by either party of any sums due under this clause 11 the Contract shall terminate.
12. LIMITATIONS OF LIABILITY
12.1. Subject to clauses 12.2, 12.3 and 12.4, if a party breaches the Contract, it shall not be responsible for any losses that the other party suffers as a result except those losses which are a foreseeable consequence of that breach.
12.2. Neither party shall be responsible for loss of anticipated savings that results from its breach of Contract.
12.3. Neither party's liability to the other party for breach of the contract (including where due to negligence or for breach of section 13 off the Supply of Goods and Senvices Act 1982) will exceed five times the Rental Charges and charges for Services. This clause does not limit sums that may be payable under clause 8 of these conditions.
12.4 This clause 12 does not limit or exclude either party's liability for: :
12.4.1. death or personal injuly caused by its negligence;
12.4.2. fraud or fraudulent misrepresentation;
12.4.3. (in the case of DeluxeHire) any breach of the obligation iimplied by the Supply of Goods and Services Act 1992 (other than breach of section 13 provided for above in clause 12.3 for which liability is hereby excluded); or
12.4.4 any other liability that cannot be lawfully excluded or limited under applicable law.
13. EVENTS OUTSIDE A PARTY’S OONTROL
13.1. Neither party will be liable or responsible to the other party for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by Force Majeure.
13.2. A party's obligations are suspended for the period that the Force Majeure continues. The affected party will take reasonable steps to bring the Force Majeure to a close or to find a solution by which its obligations under the Contract can be performed despite the Force Majeure.
14.1. Upon termination of the Contract the provisions of clauses 3.3, 3.5, 8, 10, 12 and 14 shall continue in full force and effect.
14.2. lf any court or competent authourity decides that any provision(s) of these Conditions is invalid, unlawful or unenforceable to any extent, such Condition(s) will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.3. lf either party fails to insist that the other party performs any of its obligations under the Contract, or if a party does not exercise any of its rights or remedies under the Contract, that will not mean that the relevant party has waived such rights or remedies and will not mean that the other party does not have to comply with those obligations. lf a party waives a breach by the other party, that will not mean that it will automatically waive any subsequent default by the other party.
14.4. The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.5. All notices sent by either party to the other must be sent to the contact addresses set out in the Order Confirmation. Notices will be deemed received and property served 24 hours after an e-mail is sent or three days after the date of posting of any letter. ln proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was property addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14.6. DeluxeHire will only use the personal information the Customer provides to DeluxeHire to provide the Services and perform its obligations under the Contract. DeluxeHire will not pass Customer data to third parties with the exception that the Customer acknowledges and agrees that DeluxeHire may pass Customer data to credit reference agencies subject to DeluxeHire providing appropnate credit reference terms to the Customer at the appropnate time.
14.7. The Contract is govemed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive junsdiction of the English
DeluxeHIre - Terms and conditions revised 10/10/2011