1. Definitions
“Equipment” means the items hired out by the Owner to the Hirer. “Hirer” means any person who requests the Owner to hire Equipment to it, including its employees. “Owners” means Saward Marketing & Events Ltd and its employees or subsequent subcontractors. ‘Terms’ means these terms and conditions.
2. Terms of Payment
The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs or other expenses paid or payable by the Owner. If not otherwise specified by the Owner in writing, all hire charges including taxes are to be paid prior to delivery of the equipment. Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice unless otherwise agree with the Owner. The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach of the Hirer of its obligation pursuant to these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the Owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise. The Hirer acknowledges and agrees that the owner may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with the hiring of the Equipment to the Hirer.
Payments are required in full before event opening, unless credit has been agreed in advance (30 day terms). COD payment or cheque can be arranged, but only in special circumstances and will incur additional administrative on costs.
Each contract signed will first be issued with a 50% non refundable deposit invoice. These monies are by way of a guarantee from the Hirer to the Owner of the contracted job. Please see point for regarding termination of hire.
3. Pricing
All stand builds remain the property of The Owner unless otherwise agreed in writing within the contract. Prices are made bespoke for each project delivered and will be agreed by each part (Owner / Hirer) prior to the start of any pre show work.
4. Termination of Hire
The Owner at its discretion may, notwithstanding the specified period of hire and notwithstanding any waiver of any previous default by the Hirer, forthwith terminate this Agreement with or without notice to the Hirer and re-possess the equipment in any of the following events:
(a) If the Hirer shall fail to pay any hiring charges within two (2) days of the due date for such payment
(b) If the Hirer shall do or permit any act or thing whereby the Owners’ rights in the equipment are or may be prejudiced
(c) If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or, in the case of a Hirer being a limited company, should any order be made or resolution passed for the winding up of such company or an Administrator, Receiver or Manager be appointed
(d) If the Hirer commits any breach of this Agreement.
For the purposes of repossessing the equipment, the Owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the Owner to recover from the Hirer any moneys due hereunder or any damages for breach thereof and, so far as allowed by law ,the Hirer indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
5. The Hirer’s Obligations
The Hirer will:
(a) bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the Owner;
(b) upon installation, delivery or collection of the Equipment, immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose for which it requires the Equipment. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and time;
(c) assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from: (i) the use of the Equipment; (ii) contact with underground cables, pipes, services or other obstructions; (iii) all necessary surface repairs.
(d) Use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which is was designed;
(e) Ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and, if being collected, is readily accessible.
6. Loss or Damage to Equipment
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Owner of the details. Notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all necessary steps to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Owner’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or wilful act of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for the following:
(a) any costs incurred by the Owner in repairing or replacing the Equipment;
(b) hire charges for the Equipment until the Equipment is replaced or repaired;
(c) any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment.
7. Release and Indeminity
The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of, any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
8. Damage Waiver
Damage Waiver is payable by the Hirer to cover the cost associated with the normal wear and tear to the equipment. It does not apply to any other damage to Equipment including:
(a) damage resulting from misuse, abuse or improper servicing of Equipment;
(b) damage due to the mysterious disappearance of the Equipment;
(c) damage caused by the use or operation of Equipment in contravention of any of the conditions of this agreement;
(d) damage to, or loss of, the Equipment from any unknown cause.
9. Insurance
The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment;
(b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatsoever.
(c) Some projects may be subject to the Hirer paying an additional fee to cover the insurance of goods from the Owner for the show. These will be clearly agreed and written into any said contracts.
10. Late Orders
Late orders placed during build-up are subject to agreement with the Owner and contracts must be agreed and paid for to ensure these orders are fulfilled.
14. Delivery and Transport Delivery will be made the day before the opening day of your event where possible. All transport of equipment will be carried out by Saward Marketing & Event employees or approved subcontractors except as otherwise agreed verbally or in writing.
11. Pick Up
All equipment must be available for pick-up immediately after the event. No responsibility is taken for any goods left in or on our equipment after close of the event. Please note, you are responsible for the equipment until it has been collected by the Owners staff.
12. Cancellation
Hire cancelled after delivery will be charged at 100% of the hire rate and 100% of the delivery rate (if applicable). If an order is cancelled with 90 or more notice prior to your event, you will be entitled to a 50% refund of the value of the agreed contract. Hires cancelled within 90 days prior to your event will be charged at 100% of the hire rate unless alternative agreement is made with the Owner. Any stand build first deposits will be non refundable if the show is cancelled or order is cancelled.
13. Claims
Any claims relating to the quality of goods and/or services provided must be made at the time of delivery. No discussion will be entered into after the event closes.