Terms and Conditions
Event Power Services Limited
Standard Conditions for the Hire and Sale of Goods
1. Interpretation
1.1 In these conditions the following words have the following meanings: -
“Contract” means a contract that incorporates these conditions and made between us and you for the hire, sale or supply of the said Goods or Services.
“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, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, or any other similar event.
“Goods” means any machine, article, tool or any other item offered for hire or sale by us to you.
“Hire Period” means the period of time commencing when we arrange for collection of the Goods by you (or physical receipt of the Goods by you, if sooner), and ending when you physically deliver the Goods to us (or we collect the Goods from you, if sooner).
“Liability” means your absolute liability to safeguard from theft, damage or other loss of the goods and to reimburse us in full without any deduction in respect of all damages, claims, proceedings, actions, awards, expenses or any other form of loss or other liability incurred or suffered by us as a result of your use or possession of the Goods.
“Rental” means our charging rate from time to time for the hire of the Goods and/or supply of the Services.
“Services” means any service and/or work offered to be supplied by us to you.
“We”, “us” and “our” shall refer to Event Power Services Limited.
“You” and “your” shall refer to the person, firm or company wishing to hire or purchase Goods or receive the supply of Services from us and, unless the context does not so permit, includes your officers, employees and other representatives.
2. Basis of Contract
2.1 These conditions shall apply to all Contracts to the exclusion of all other terms and conditions, including any terms or conditions that you may purport to apply under any purchase order. No variation of these conditions shall be binding unless agreed in writing by us. Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these conditions.
2.2 Our employees and agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract, you acknowledge that you do not rely on any such representations which are not confirmed in writing by us.
2.3 Where the Goods are delivered in instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to treat the Contract in respect of any other instalment as having been breached.
2.4 Goods are offered for hire or sale subject to the Goods being available for hire or sale at the time the Goods are requested by you. If we agree to hire or sell Goods to you, we shall not subsequently be liable for any loss incurred by you where the Goods are not subsequently made available to you due to circumstances beyond our control.
2.5 All orders for Goods shall be deemed to be an offer by you to hire or purchase Goods from us pursuant to these conditions. No order submitted by you shall be deemed to have been accepted by us unless and until confirmed in writing by us.
2.6 You are responsible for ensuring the accuracy of the terms of any order submitted by you. You agree that you have assessed the suitability of the Goods for your own purposes, and acknowledge that we offer no warranty that the Goods will provide all the facilities and functionality that you require.
2.7 No order that has been accepted by us may be cancelled by you except with our prior written consent and on terms that you shall reimburse us in full without deduction in respect of all loss (including lost profit), costs, damages, charges and expenses incurred by us as a result of cancellation.
2.8 Where you are an individual and the hire of Goods would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months, upon expiry of which the Contract will automatically terminate and the Goods shall be returned or repossessed by us. Accordingly no hire of Goods will be covered by the Consumer Credit Act 1974.
2.9 Nothing in these conditions or the Contract shall exclude or limit any of statutory rights that you may have by reason of being a consumer. Where you are acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the courts, have no force or effect. For more information regarding your statutory rights contact your local Trading Standards Office or Citizen’s Advice Bureau.
3. Price and Payment
3.1 The amount of any deposit, Rental and/or other charges shall be as quoted to you or otherwise as shown in our current price list or schedule of charges and as may be amended from time to time without prior notice (provided that no change of price shall apply to any order previously accepted by us). Where a deposit is requested for the hire of Goods or supply of services, the deposit must be paid prior to the commencement of the Hire Period (or completion of 80% of the services as agreed with you prior to the commencement of the provision of such services, if sooner). We may also at our sole discretion request a payment on account of Rental charges or charges for any such service as we may see fit.
3.2 You shall pay the Rental, charges for any services, monies for any Goods and/or any other sums payable under the Contract at the time and in the manner stipulated. Our prices unless otherwise expressly stipulated in writing do not include any amount for V.A.T. as may be applicable. You are liable for payment of any V.A.T. that may be due under the contract in addition.
3.3 Payment on time by you is an essential condition of the contract. Payment shall not be deemed to be received until payment of the full outstanding amount is received by us from you in cleared funds.
3.4 If you fail to make payment in full by the agreed time (generally 30 days from the invoice date if not notified otherwise) we reserve the right to charge you interest at 8% above Bank of England Base Rate, calculated on a daily basis on any outstanding balance (both before and after judgement).
3.5 You shall pay to us all monies due in full under the Contract without any set-off, deduction counter claim and/or any other withholding of monies.
3.6 We may set a credit limit for you. We reserve the right to terminate or suspend any Contract if by not so doing your credit limit would be exceeded, or if your credit limit is already exceeded.
3.7 If you have supplied credit/debit card details we may present these details in order to obtain payment in full for all outstanding monies that may be due.
4. Risk, Ownership and Insurance
4.1 All risk in the Goods will rest with you during the Hire Period.
4.2 Ownership and title to all Goods shall remain with us until such time as they are lawfully sold or formally discarded by us. Ownership and title to all Goods sold by us shall remain with us until payment in full for all invoiced amounts has been received by us in cleared funds.
4.3 You must not deal in the ownership or interest in any Goods hired from us. This includes but is not limited to the selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting or attempting to exert any perceived right to withhold, disposing of and or lending (weather for any perceived reward or not) until due title and/or authority has been expressly given in writing by one of our directors. You may re-hire Goods with our express authority. In the event of you re-hiring any Goods you shall reimburse us in full without any deduction in respect of all risks relating to the Goods, irrespective of the terms of the re-hire of Goods.
4.4 You must not deal in the ownership or interest in any Goods offered for sale by us until we have formally ceded ownership and title in full of the Goods. This includes but is not limited to the selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting or attempting to exert any perceived right to withhold, disposing of and or lending (weather for any perceived reward or not) until due title and/or authority has been expressly given in writing by one of our directors.
4.5 We may require a security deposit to be paid prior to the hire or installation of any Goods or the provision of any other Services. Any such deposit will be held by us (or a nominee on our behalf) in full until such time as the final invoice in relation to such Goods or Services has been paid in its entirety without any deduction. In the case of Goods hired from us any requested deposit will be returned to you only on the return of all Goods in a satisfactory condition (fair wear and tear excepted). Deductions from the deposit prior to refund will be made appropriate to the dilapidation, damage or loss of any Goods.
4.6 We require that you either take out a comprehensive, all risks, ‘new for old’ insurance policy of your own prior to delivery/collection of any Goods, or provide an adequate deposit to cover total loss of all items, including consequential loss and/or loss of revenue until such time as acceptable replacements are in our possession. You will provide us with evidence of adequate insurance being in place prior to delivery/collection of any Goods unless you have provided an adequate deposit. You must not compromise any claim in respect of Goods, and/or any associated insurance without our written consent and, should any claim arise under any such policy, you will use best endeavours to pursue that claim against the insurer.
5. Delivery, Collection and Services
5.1 Unless prior agreement exists it is your responsibility to collect and return the Goods from and to us. We can provide a delivery and collection service in addition to the installation service. Collection and delivery will be at additional cost.
5.2 The Hire Period shall form the basis for calculating the charges raised. No allowance shall be permissible for late return of Goods.
5.3 Where an installation or delivery service is provided, our representative shall be deemed to be your servant and once you instruct such a person/s they are under your direction and control. You shall then be solely liable for any damage or loss which occurs as a result of the person following your instructions, guidance and/or advice except to the extent where the person performing the service can reasonably be deemed to be negligent.
5.4 You shall allow and/or procure sufficient access to and from the relevant site and to procure such loading, unloading and parking adjacent to or within the site. In addition, where required, you shall allow and/or procure adequate space for such facilities as we may deem necessary (i.e. number of vehicles, caravans etc.) for the safe, efficient and proper execution of the Contract. You will ensure that the site where the service is to be carried out is safe, secure, adequate and where necessary cleared and prepared before we (including our representatives) arrive at the site.
5.6 If any Service is delayed, postponed and/or cancelled due to you failing to comply with any obligation stipulated or implied by any of the above you will be liable to pay us an additional charge in accordance with our standard rates (or to compensate us for losses incurred by us, if greater) from time to time for such delay, postponement and/or cancellation, except where you are also acting as a consumer and such delay etc is the direct result of a Force Majeure event.
6. Care of Goods during the Hire Period
6.1 During the Hire Period, you shall: -
6.1.1. Not remove any labels from and/or interfere with any Goods, their working mechanisms or any other parts of them and take reasonable care of the Goods and only permit properly skilled and trained personnel to use them and only in a skilful, proper and safe manner for the use intended, following any legislation, instructions given and using ‘best practice’ procedures at all times.
6.1.2. Notify us immediately of any breakdown, loss and/or damage to the Goods.
6.1.3. Take adequate measures to protect the Goods from theft, damage and/or all other risks.
6.1.4. Notify us of any change of your address(es) and upon our request provide accurate locations for all Goods.
6.1.5. Permit us at all reasonable times to inspect the Goods, including providing access to all premises where the Goods are situated.
6.1.6. Keep the Goods in your possession at all times and not permit the Goods to be removed from the United Kingdom without our prior written consent.
6.1.7. To be responsible for the cost and organisation of any testing and/or certification and or checks as may be required by any law or by-law or ‘best practice’ code of conduct etc. except where these services are agreed in writing to be undertaken by us.
6.1.8. Not to do or omit to do anything which may be deemed to invalidate any policy of insurance related to any Goods which is notified to you.
6.1.9. Not continue to use Goods where they have been damaged, and notify us immediately if any Goods are involved in any form of accident resulting in damage or loss to the Goods, other property, and/or any person or persons.
6.1.10. Where the Goods require electricity or any type of fuel, you will ensure that the correct voltage is supplied and/or the correct grade and type of fuel is used, and also that any lubricant or grease used or applied is of the proper type and the correct grade. In addition you will ensure that where appropriate the Goods are installed by a qualified and competent person.
6.2. The Goods must be returned to us in good working order and undamaged condition (fair wear and tear excepted).
6.3 The Goods must also be in a clean condition (where goods require more than general cleaning a charge will be made based upon any cleaning materials used and the labour cost at the current hourly rate – a minimum of 1 hour will be charged). The cost of cleaning will be based on the cost required to return the Goods to a condition suitable for re-hire, and you will be required to pay the Rental in accordance with the provisions of clause 8.3 until the cleaning is completed.
7. Breakdown
7.1. In the event of any Goods being subject to breakdown during the course of the Hire Period, an allowance will be made in respect of the Rental charge appropriate to the item, providing you notify us immediately and the Goods have not been misused or treated in a manner not in accordance with ‘best practice’ and are not subject to any damage occurring during the Hire Period. No other claim relating to the loss of use of any item will be allowed.
7.2. You will be responsible for all expenses, loss (including loss of Rental) and/or damage howsoever caused suffered by us arising from the breakdown of any Goods due to your negligence, misdirection and/or misuse of the Goods.
7.3. We will at our own cost carry out all routine maintenance (unless excluded by the terms of the specific Contract) and repairs to the Goods during the course of the Hire Period which are required due to fair wear and tear and/or an inherent fault in the Goods. You will be responsible for the full cost of all repairs not covered by the above, no matter how the fault or defect is caused or becomes apparent.
7.4. You must not carry out, attempt to carry out, authorise any other party to carry out any repairs or maintenance to any Goods unless specifically authorised to do so in writing by us.
8. Loss or Damage to the Goods during the Hire Period
8.1. If the Goods are returned to us in a damaged, unserviceable or defective state (except by fair wear and tear), you shall be liable to pay the full cost of repair (or replacement as appropriate) required to return the Goods to a condition suitable for re-hire, and to pay the Rental in accordance with the provisions of clause 8.3 until the repairs or replacement is completed.
8.2. You will pay to us the replacement costs of any Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period, less the amount paid to us under any insurance policy taken out in accordance with these conditions.
8.3 You shall pay the full Rental for the Goods up to and including the date you notify us that the Hired Goods are’ lost’, stolen and/or damaged beyond economic repair. From that date you shall pay us a genuine pre-estimate of the lost rental profit, being a sum as liquidated damages equal to one half the Rental that would have been applicable until the item of Goods can feasibly be replaced. We shall use our reasonable efforts to expedite satisfactory ‘like for like’ replacement as quickly as reasonably possible using monies received by us under clause 8.2. above.
9. Termination by Notice
9.1. If the Hire Period is of fixed duration, subject to the conditions of clause 10, neither party shall be entitled to terminate the Contract prior to the agreed date without the express consent of the other party.
9.2. If the Hire Period does not have a fixed duration, either party is entitled to terminate the Contract upon giving the other party an agreed period of notice.
9.3. If no period of notice has been agreed you may return Goods at least 24 hours after notice of return is given (Monday to Friday only unless by prior agreement). We are entitled to terminate any agreement with 5 working days notice to you.
10. Default
10.1. If you: -
10.1.1. Fail to make any payment when due to us without just cause.
10.1.2. Breach the terms of the Contract, and, where the breach is capable of remedy, do not remedy the breach within 7 days of receiving notice requiring the breach to be remedied.
10.1.3. Persistently breach the terms of the Contract.
10.1.4. Provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract.
10.1.5. Pledge, charge or create any form of security over any Goods, or cease or threaten to cease to carry on business, or propose to compound with your creditors, apply for an interim moratorium in respect of claims or proceedings, any distress, execution or other legal process is levied upon any of your property, have a bankruptcy order presented against you, or you take or suffer any similar action under any jurisdiction
10.1.6. Being a company, enter into voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver appointed over all or any of your assets, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you take or suffer any similar action under any jurisdiction.
10.1.7. Appear reasonably to us due to your credit rating to be financially unable to meet your obligations under the Contract, and/or
10.1.8 Appear reasonably to us to be about to suffer any one of the above events, then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights as set out in 10.2. below.
10.2. If any of the events set out in clause 10.1. above occurs then: -
10.2.1. Except when you are acting as a consumer we may enter, without prior notice, any premises (whether belonging to you or any third party) where Goods owned by us may be, and repossess any Goods.
10.2.2. We may withhold the performance of any Service and cease any Service in progress under this and any other Contract or agreement with you.
10.2.3. We may immediately cancel, terminate and/or suspend without liability to you the Contract and any other contract or agreement, and/or,
10.2.4. All monies owed by you to us shall immediately become due and payable in full.
10.3. Any repossession of Goods shall not affect our right to recover from you any monies due under the Contract, and/or any damages due in respect of any breach which occurred prior to repossession of the Goods.
10.4. Upon termination of the Contract you shall immediately: -
10.4.1. Return the Goods to us or make the Goods available for collection by us as requested by us and,
10.4.2. Pay to us all arrears for Rentals, charges for any Services, monies for any Goods and/or any other sums payable under the Contract.
11. Limitations of Liability
11.1. All warranties, representations terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.2. If we are found to be liable in respect of any loss or damage to your property, the extent of our liability shall be limited to the retail cost of replacement of your damaged property.
11.3. Any defective Goods must be returned to us for inspection if requested before we will have any Liability for defective Goods.
11.4. We shall have no liability to you if, without just cause, any monies due in respect of the Goods and/or Services have not been paid in full by the due date for payment.
11.5. We shall have no Liability for additional damage, loss, liability, claims costs or expenses caused by your continued use of defective Goods and/or Services after defect has become apparent or is suspected or should reasonably have become apparent to you.
11.6. You shall give us reasonable opportunity to remedy any matter for which we are liable before you incur any costs or expenses in remedying the matter yourself. If you do not do so we shall have no Liability to you.
11.7. We shall have no Liability to you to the extent that you are covered by any policy of insurance arranged as a result of this Contract, and you shall ensure that your insurer waives any and all rights of subrogation they may have against us.
11.8. We shall have no liability to you for any: -
11.8.1. Consequential losses (including loss of profits and/or damage to goods).
11.8.2. Economic and other similar losses.
11.8.3. Special damages and indirect losses and/or,
11.8.4. Business interruption, loss of business, contracts and/or opportunity.
11.9. Subject to clause 11.11, our total liability to you under and arising in relation to any Contract shall not exceed 3 times the amount of the Rental and charges for Services (if any) under the Contract or the sum of £1000.00 whichever is the greater. To the extent that any Liability of us to you would be met by any of our insurance policies then the Liability of the Supplier shall be extended to the extent that such Liability is met fully by such insurance.
11.10. Each of the limitations and/or exclusions in these conditions shall be deemed to be repeated and apply as a separate provision for each of: -
11.10.1. Liability for breach of contract.
11.10.2. Liability in tort (including negligence, and.
11.10.3. Liability for each breach of statutory and common law duty.
Except clause 11.9. above which shall apply once only in respect of all the said types of liability.
11.11. Nothing in this Contract shall exclude or limit our liability for fraud, or for death or personal injury due to our negligence, nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
12. General.
12.1. Upon termination of the contract or agreement clauses 2.9, 3.2, 3.4, 3.5, 4.1 to 4.4, 5, 6, 8, 10.2 to 10.4, 11 and 12 shall continue in full force and effect.
12.2 You shall be liable for the acts and/or omissions of your employees, agents, servants, unpaid volunteers and sub-contractors as though they were your own acts and/or omissions under this Contract.
12.3. You agree to reimburse us in full without deduction in respect of any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis) actions and any other losses and/or liabilities suffered by us arising from or due to any breach of contract and any act and/or omission and/or any breach of statutory regulations by you.
12.4. No waiver by us of any breach of contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.5 If any provision is held by any competent authority to be unenforceable in whole or in part, the validity of the other provisions of the contract and the remainder of the provision unaffected and shall remain in full force and effect.
12.6. We shall have no liability to you for any delay and/or non-performance of a Contract to the extent that such delay is caused by a Force Majeure Event, or other occurrence outside our reasonable control. If we are affected by such events then time for performance shall be extended for a period equal to the period that such events delayed such performance.
12.7. All third party rights are excluded and no third party shall have any right to enforce the contract. This shall not apply to any finance company with whom hawse have an outstanding finance agreement relating to the Goods. Such finance company shall subject to our consent, have the right to enforce this Contract as if they were us.
12.8 This Contract is governed by and interpreted in accordance with English law, and all parties agree to the non-exclusive jurisdiction of the English Courts.
12.9. Conditions for protection premium: - When you have paid a protection premium we shall waive any charges for repair or replacement of any component parts that have failed or been damaged during the normal use of the Goods. Damage caused wilfully by misuse or neglect as specified and determined by us will not be covered by the premium and will be charged to you in accordance with the conditions above. If you have paid a security deposit, the sum will remain protected while the deposit paid exceeds the Contract value (including all additional charges). When the Contract value exceeds the deposit, the protection policy expires. The protection premium does not cover any consumable items.
12.10. The only proof of Goods being returned in a satisfactory condition will be our authorised representative completing the ‘Goods returned’ section of the hire document. Goods collected from a site with no representative on your part being present will be notified within 72 hours of any damages and or losses. Damaged items will be kept, untouched for a further 72 hours in order that you may inspect the damage prior to work being carried out and charges raised against you. If you choose not to inspect the Goods within this period we will assume that you accept all reasonable charges raised in respect of repair and/or replacement of the Goods.
12.11. If any part of these terms cannot be enforced of is considered in future to be restrictive of unfair, all other parts will be unaffected.
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