TERMS AND CONDITIONS
1. DEFINITIONS AND LAW
• ‘Agreement’ – the Terms and conditions, the Quotation, the specification, the customer’s order and the Company’s acceptance
• ‘Company’ – The Company
• ‘Consequential loss’ – loss of profits, contracts or other consequential loss or damages
• ‘Customer’ – the person, firm, corporate or public body named in the Quotation/specification. Any person purporting to act on behalf of the customer shall be bound by the contract
• ‘Equipment’ – all mean goods, parts, materials, components and other items hired or supplied to and/or installed by The Company at the premises detailed in the quotation and/or specification
• ‘Interest’- interest calculated in accordance with clause 4.1
• ‘Normal working hours’ – Monday to Saturday – Can be expressed as 3 sessions per day
09.00–13.00
14.00-18.00
19.00-23.00
Minimum 4hr call unless expressly agreed in advance
Hours worked between 0000-0600 will incur additional charges
Hours worked on Bank and public holidays may incur additional charges
• ‘Premises’ – the postal address set out as the delivery or installation address in the quotation and/or specification
• ‘Quotation’ – the Company’s written proposals for the supply and/or installation of the Equipment and/or materials
• ‘Specification’ – details of the equipment, materials and components to be supplied and their proposed location
1.1 the contract shall be interpreted and applied in accordance with Scottish law and the parties to this contract agree to submit to the exclusive jurisdiction of the Scottish courts
1.2 the company holds combined liability cover Valid: July to June
Limit of indemnity: £10,000,000
Public Liability: £5,000,000
Products Liability: £5,000,000
Full policy wording available on request from tash@bighouse-events.co.uk
2. AGREMENT TERMS – HIRE
2.1 Charges
2.1.1 hire charges commence from the date stated in the contract and are payable for the period of hire
2.1.2 equipment must be returned by 12 noon on the date specified in the contract in a clean and serviceable condition and the customer must obtain the supplier’s receipt
2.1.3 additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for use by the company of other customers
2.1.4 all charges are payable on demand
2.2 Hire Period
the hire period commences at 12 noon on the date specified in the contract, continues for the period specified in the contract and terminates at 12 noon on the last day of the hiring period
2.3 Power to enter this Contract
the signatory to the contract warrants that they are duly authorised on the customer’s behalf to enter into the contract and hereby personally indemnifies The Company against all losses and costs that may be incurred by The Company if this is not the case
2.4 Customer’s Responsibilities
2.4.1 the customer’s responsibility for the equipment commences on receipt of the equipment by the customer or his agent or on delivery and ends when the customer is in possession of The Company’s unqualified receipt for the return of all the equipment
2.4.2 the customer or any duly authorised person on behalf of the customer shall receive and unload the equipment and shall check the same for quantity and condition in the presence of The Company’s carrier
2.4.3 any shortage of or unsatisfactory equipment shall be endorsed by the customer or a duly authorised person on behalf of the customer on the delivery document and the customer shall give written confirmation to The Company within three days of delivery
2.4.4 no claim in respect of shortage of or unsatisfactory condition of the equipment shall be entertained by The Company unless condition 2.4.3 is observed. This condition does not affect the statutory rights of the customer
2.4.5 the Customer shall not at any time sell dispose or otherwise part with control of the equipment or attempt to do so
2.4.6 the signatory to the contract and the customer jointly and severally undertake with The Company that everyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the equipment to be misused
2.4.7 the customer will at all times fully indemnify The Company against any expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non use, repossession, collection, return or non return of the equipment
2.4.8 nothing in this clause shall affect the statutory rights of the customers or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977
2.5 Equipment Maintenance and Reporting
2.5.1 the customer shall ensure that the equipment remains serviceable and clean during the hire period
2.5.2 any unsatisfactory working of equipment shall be immediately notified to The Company.
2.5.3 the customer shall under no circumstances attempt to repair the equipment without prior authorisation from The Company.
2.5.4 any damaged or unsatisfactory equipment must be returned to The Company’s premises for examination at the customer’s cost
2.5.5 if the equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person the customer shall notify The Company immediately
2.5.6 equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of The Company.
2.6 Compatibility of Equipment
2.6.1 the customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer
2.6.2 the customer shall be responsible for ensuring that any equipment is suitable for their purposes
2.7 Insurance
2.7.1 the customer agrees to pay The Company the full retail cost of any equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear, tear or age)
2.7.2 the customer shall insure the goods against the above liability
2.7.3 all monies received by the customer from any insurance Company or third party in settlement of any claim shall be held in trust by the customer and paid to The Company on demand to the extent that any such payment is due under this clause
2.7.4 the customer shall not compromise or settle any claim without the express consent of The Company.
2.7.5 in the case of equipment, which is lost, stolen or damaged beyond economic repair, the customer shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced
2.8 Condition of Returned Equipment
2.8.1 the customer is fully responsible for care, safekeeping and return in good order of the equipment
2.8.2 The customer will reimburse all costs incurred by The Company in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification
Failure by the customer to fulfill their statutory duty and obligations as outlined by the company above may render them liable for negligence
2.9 The Company’s Obligations
The Company agrees to;
(a) supply the equipment on the date agreed with the Customer as set out in the Quotation or as otherwise agreed by the Company in writing
(b) make good by repair or replace and equipment of part of an installation where a defect has been caused by faulty equipment or workmanship. If the equipment or materials have become defective for any other reason, such as accidental of malicious damage by the Customer, their employees or agents, such defects will incur a charge to be put right. This does nit affect the Customers statutory rights.
(c) the Company may perform any of its obligations under the Agreement through sub-contractors. The Rights of Third Parties Act (1999) does not apply.
(d) the Company reserves the right to alter the specification to effect improvement or because of difficulties in obtaining materials. Any such alteration will be notified to the customer in writing
2.91 Price
the price charged will be the price ruling at the time of delivery. Where this varies with the price quoted or of otherwise agreed in writing at the time the goods were ordered the customer will be advised prior to delivery
3. AGREEMENT TERMS – SUPPLY & INSTALLATION
3.1 Charges
3.1.1 supply and/or installation charges commence from the date of the confirmed quote and are payable for the duration of the design, build, install and take down of the event
3.1.3 the company reserves the right to charge additional fees, together with consequential loss, in the event of the breach of the agreement by the customer, by a late addition out with the initial quote or due to the project overrunning or being rendered undeliverable through no fault of the company
3.1.4 all charges are payable on demand
3.2 Working Conditions
3.2.1 supply and installation will be carried out during normal working hours, although it may be necessary to work outside of those hours.
3.2.2 the Company reserves the right to make an additional charge for worked carried out outside normal working hours and/or any late alteration to the specification as agreed by the customer and/or any interruption/delays caused by the customer, its employees, agents, customers or other trades during installation or commissioning.
3.2.3 the Company will use provide the Goods or Services on the date agreed with the Customer. The Company shall incur no responsibility whatsoever in respect of any loss or damage arising as a consequence of any change to this date within 24 hours of the agreed start time.
3.2.4 provided all amendments and variations have been received, and acknowledged, in writing in advance of the event start date, the company will endeavor to accommodate all changes and variations as they arise. Significant changes close to the event start date may incur additional charges as laid out in 3.1.3
3.3 The Customers Obligations
The customer agrees to;
(a) ensure the premises are ready and in such condition as to allow delivery and/or installation of the materials
(b) advise the Company of the existence of any concealed pipes, wires and cables for water, gas, electricity and telephone or any rules pertaining to fixings potentially affecting the install before the installation commences
(c) ownership of any equipment or materials remains with the Company and shall not pass to the customer until the Company has received payment in full of all the charges associated with the supply and/or installation
Failure by the customer to fulfill their statutory duty and obligations as outlined by the company above may render them liable for negligence
3.4 The Company’s Obligations
The Company agrees to;
(a) supply and/or install and/or commission the equipment on the date agreed with the Customer as set out in the Quotation or as otherwise agreed by the Company in writing
(b) make good by repair or replace and equipment of part of an installation where a defect has been caused by faulty equipment or workmanship. If the equipment or materials have become defective for any other reason, such as accidental of malicious damage by the Customer, their employees or agents, such defects will incur a charge to be put right. This does not affect the Customers statutory rights.
(c) the Company may perform any of its obligations under the Agreement through sub-contractors. The Rights of Third Parties Act (1999) does not apply unless specifically stipulated by the company, in writing at the time of quotation confirmation.
(d) the Company reserves the right to alter the specification to effect improvement or because of difficulties in obtaining materials. Any such alteration will be notified to the customer in writing
3.5 Price
the price charged will be the price ruling at the time of delivery. Where this varies with the price quoted or of otherwise agreed in writing at the time the goods were ordered the customer will be advised prior to delivery
4. TERMINATION OF AGREEMENT – HIRE, SUPPLY & INSTALLATION
4.1.1 the Company shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time:-
(a) The customer is in breach of these terms; or
(b) The customer shall take any steps or if any act or proceeding is commenced in which the customer’s solvency is in the reasonable view of The Company in doubt.
4.1.2 the customer has the right to cancel the agreement at any time but understands and agrees to the conditions laid out in 4.1.4. Notice required in terms of this agreement shall be considered sufficiently given if properly addressed and sent in writing to, in the case of The Company, the person named on the written quotation and, in the case of the Customer, its named representative as appears on the confirmed quotation.
4.1.3 if the Agreement is terminated by reasons outlined under 4.1.1 above the Company shall have the following rights:
I. To re-posses the equipment and/or any part of it and the materials used and to remove the same from the premises or other premesis where it is kept
II. To recover from the customer all amounts due under the Agreement to the date of termination, including all expenses incurred in repossessing the equipment
III. To deduct any sums properly due to The Company from any credit card, debit card or charge account, details of which are in the possession of The Company.
4.1.4 if the Agreement is terminated by reasons outlined under 4.1.2 above the Company shall have the following rights:
I. To recover from the customer all amounts due under the Agreement, from the date of the quote confirmation to the date of the agreements termination, including
II. To deduct any sums properly due to The Company from any credit card, debit card or charge account, details of which are in the possession of The Company.
5. PAYMENT & INTEREST
5.1.1 the customer shall make full payment in accordance with the terms set out on receipt of the invoice submitted by the Company and by the methods described therein – BACS, Cheque or cash. The Company is currently unable to accept debit and credit card payments.
5.1.2 the Company reserves the right to issue interim invoices in respect of any materials delivered and/or work carried out under the Agreement and the customer shall pay such invoices on receipt
5.1.3 where payments are not made on the due date The Company will be entitled to interest on the amount that is overdue at Bank of Scotland base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day to day basis compounded with quarterly rests. The payment of such interest shall be without prejudice to any other rights or remedies of The Company
5.1.4 any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer
5.1.5 notwithstanding any provision in these terms of business to the contrary, the customer shall if required by The Company, pay a deposit on account in respect of the hire charges or price for goods and or services as shall be agreed at the time of placing the order. In the event of cancelation, the breach of the agreement by the customer, or due to the project overrunning or being rendered undeliverable through no fault of the company, this deposit is non-refundable
5.1.6 notwithstanding any provision in these terms of business to the contrary, and if the Company is in agreement, the customer may request to settle their account in installments. This shall be agreed at the time of placing the order
5.1.7 the Company reserves the right to make a search with a credit reference agency and/or make enquiries about the principle directors in advance of confirming the Quotation or setting up a Customer account
6. CONSEQUENTIAL LOSSES & THE COMPANY’S LIABILITY
a) nothing in these terms and conditions shall make The Company liable for any consequential loss to the customer including any expense liability loss claim or proceeding whatsoever caused by or arising out of the late delivery, non delivery, unsuitability, incompatibility or unlawful repossession of the equipment or any part thereof or any breakdown or stoppage of the same.
b) the Company has no detailed knowledge of the nature or value of the contents of the premises for which the equipment and/or materials has been supplied. The Customer should know the nature and value of the contents of the premises and agrees that since the potential loss of damage, which the Customer might suffer, is likely to be disproportionate to the cost of the equipment and/or materials supplied, it is reasonable for the Company to limit or exclude its liability.
6.1 Injury to Persons and Damage to Property
6.1.1 subject to 4.3 above The Company shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in the equipment and where such defect is caused by the negligence of The Company.
6.2 Copyright
The Company notifies the customer that playing or showing copyright material in circumstances where the customer or anyone authorised by him does not hold the appropriate license of the copyright holder he will infringe copyright and may become liable in damages for so doing
6.3 Rights Reserved
6.3.1 any failure by The Company to enforce any or all of these conditions shall not be construed as a waiver of any of The Company’s rights hereunder
6.3.2 in the event that any provision of this Agreement shall be held invalid, illegal or unenforceable, the remainder of the Agreement shall remain valid and enforceable.
7. TERMS OF CONTRACT
7.1 The conditions laid out in this agreement have effect in substitution for and to the exclusion of any condition put forward by the customer. Any representations made by the supplier shall not have any contractual force unless they are specified within this agreement
7.2 Delivery and Carriage
7.2.1 all times quoted or stated for delivery are approximate only
7.2.2 hire charges or install prices do not include carriage. Any expenses incurred by The Company in delivery or collection of equipment or attempting to do so will be paid by the customer
7.2.3 where carriage charges are quoted by The Company such charges will include only for the time to load or unload alongside the Company’s vehicle at the address specified by the customer. Further time or attendance will be paid for by the customer.
8. FORCE MAJEURE
8.1 The Company shall be under no liability if it is unable to carry out any provision of the Agreement for any reason beyond it’s control including (without limit) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or any other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. In the case of such contingency the customer may write to the Company and elect to terminate the Agreement and to pay for the work done and materials used up to and including that date.