Definitions
‘Company’ means Folly Hire Ltd, whose head office is located at Creative House, Station Road, Theale, RG7 4PD
‘Client’ is the person hiring the Equipment from the Company.
‘Equipment’ is the furniture and prop(s) and other materials specified on the Booking Form and nothing else.
‘Services’ are any other third party items specified on the Booking Form and nothing else.
‘Delivery Date’, ‘Deposit’ (if any), ‘Equipment’, ‘Client’, ‘Price’, ‘Site’, and ‘Use Period’ shall have the meanings as set out in the Invoice and Booking Form.
‘Period of Hire’ means the period from the Delivery Date until the Equipment has been dismantled and removed from the Site.
‘Hire Charge’ is the amount payable by the Client to the Company as specified on the invoice and Booking Form.
These conditions shall apply to all orders and contracts for the supply of Equipment in the UK by the Company or its authorised agents and if there are any qualifications or variations to these conditions it is important for the avoidance of doubt that such variations should be in writing and signed by both parties.
All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions, and the Booking Form.
The Company Undertakes
- to deliver the Equipment on the Delivery Date.
- to remove the Equipment from the Site as soon as reasonably practicable after the Use Period.
The Client Undertakes
- to pay the Deposit (if any) and to pay the balance in accordance with the Invoice. The Company reserves the right not to provide the Equipment should payment not be received.
- to pay interest on all monies outstanding 14 days after the date for payment both before and after judgement at a rate of 4% per annum above the base rate of Lloyds TSB Bank Plc from time to time.
- to provide the Company a reasonable period of time before the Delivery Date with accurate information which may impact on the Delivery and secure storage of product on site.
- where necessary, to obtain necessary permits from local authorities and/or the site owners prior to delivery. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client.
- Where necessary, to obtain a licence from the Local Authority. Should the Client for any reason be unable to supply these requirements, then the Company shall be notified and the Contract shall be deemed to have been cancelled by the Client.
- if any of part of the Equipment includes electrically apparatus, to provide such power points or supply as may be reasonably required by the Company within 15 metres of the Equipment.
- the Client shall be responsible for and indemnify the Company against any loss of or damage to all hired Equipment whatsoever the cause
- the Client must provide to the Company proof of having arranged insurance in their name for their hired Equipment at least seven days prior to the delivery date of the Equipment.
- upon payment of the Damage Waiver Fee referred to on the quotation, then the above clauses 7 and 8 will not apply. Please note that the client will remain responsible for and will indemnify the Company against any loss of or damage to all hired Equipment resulting from their negligence or legal liability.
- not to light or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company
- not to tamper with the Equipment whatsoever without the Company’s prior written consent.
Variations
- The Company will use its best endeavours to supply the Client with the Equipment ordered but where this is not possible, the Company will notify the Client as soon as possible of any alterations to the design and specifications of the Equipment and where the alteration is fundamental the Client may terminate this contract and any Deposit paid will be refunded.
- The Price is based on the assumption that the Client’s Site is served by a firm access road adjacent to the Site with adequate hard-standing for commercial vehicles, free from flooding, trees and overhead obstruction. If this is not the case, the Company may increase the agreed price and hourly labour rates.
Understandings
- The Price does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
- All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT, duties or taxes payable in respect of such sums shall be payable in addition to these sums.
Loss, Damage or Excessive Soiling
- The Client shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.
- The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.
- The Client shall indemnify the Company against the full value of any loss damage or excessive soiling howsoever caused unless caused by negligence by the Company.
Cancellation
- Either party shall have the right to terminate this Contract without penalty within seven days from the date hereof subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise.
- Once the period of 7 days referred to in the preceding clause has passed should either party cancel the Contract, compensation will be paid of 50% of the Price. However, if the Contract is cancelled within 7 days prior to the Period of Hire, the compensation will be the full Price.
- If the Client cancels pursuant to the preceding clause and the Company is able to re-let the Equipment, then the Client shall not pay the full cancellation charge but an administration charge will be levied which in any event shall not exceed 20% of the Price.
Exclusion of Liability
- The Company will make every effort to deliver the Equipment on or before the commencement of the Use Period, provided that the Client has complied with the undertakings set out above. If the Equipment is delayed and not ready before the commencement of the Use Period, the Client shall have the right to withdraw and the Company shall return all monies paid. If the Equipment is delayed due to circumstances beyond the Company’s reasonable control, the Company shall not be liable to pay further compensation to the Client.
- The Company will take all reasonable care to avoid any damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.
Third Party Liability
The Company will not be responsible for and the Client will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company.
