Event Hire Terms & Conditions

Event Hire Terms & Conditions

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NDLE Ltd t/a NDL Event Power Solutions | Unit 5 North Perreton Farm | East Lane | Merstone | IOW | PO30 3DL

Please consult our event hire terms and conditions below.

1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. “We” and “Us” mean the NDLE Ltd t/a NDL Event Power Solutions. “You” means the person, firm, company, corporation or public authority or body to whom we supply Equipment on hire. “Equipment” means the hired items referred to in the Contract. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.

2. BASIS OF CHARGING
You will pay the hire charges stated in the Contract. Hire charges will begin at the time stated in the Contract and will continue during the period of hire until we have given you a collection or off-hire number, or until you have restored the Equipment to us in a clean and serviceable condition and we have given you a receipt for it. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at eight per cent above the prevailing base rate of The bank of England calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of money or Equipment. We reserve the right to vary the hire charges by giving you not less than thirty (30) days prior written notice.

3. DELIVERY AND CARRIAGE CHARGES
Hire charges do not include carriage. You will pay to us any agreed charges for delivering or collecting the Equipment. Where we quote carriage charges, these include only for the time required to load or unload alongside our vehicle at the address you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions. You should satisfy yourself on delivery of the suitability of the Equipment and that your requirements will be fulfilled by the Equipment recommended prior to accepting the delivery. Time shall not be of the essence in relation to delivery or collection. Dates or times quoted by us are estimates only and not guaranteed. Where we have agreed to position the Equipment in a specific location you must have an authorised representative available at the time of delivery to instruct us regarding that position. You will be responsible for any parking or standing charges we incur during delivery.

4. RISK AND TITLE TO EQUIPMENT
The ownership of the Equipment will remain with us and we reserve the right to dispose of the Equipment which we have supplied at any time to you. For the duration of the hire you will hold the Equipment on our behalf and will be under an obligation to return the Equipment to us on demand.

5. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.

6. SAFETY AND INSTRUCTIONS
It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You are responsible for ensuring that any checks, testing, examinations of the Equipment required by Employment and Health and Safety Legislation, and/or any operating instructions we provide are carried out after delivery and for so long as the Equipment remains under your control. You specifically acknowledge and agree that where an examination is to be carried out in accordance with any statutory regulations it is your responsibility to ensure that any examination is carried out within the prescribed inspection interval. You must ensure that the Equipment is not misused. Should we consider the site where the Equipment is to be delivered is in an unsafe condition or position, then we reserve the right to request you to render every possible assistance to make the site and the Equipment safe to work on in accordance with all applicable health and safety legislation and guidance. Failure to render the said assistance will entitle us to terminate the Contract or suspend provision of the Services without any liability to us. Should we carry out an inspection and our inspection reveal defects affecting the safety of the Equipment you will need to take appropriate action in relation to such item.

7. WHEN YOUR SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES EFFECTIVE
Where for administrative convenience, you or your agent are requested by us to sign a receipt for the Equipment before it is handed over, you or your agent will be given the opportunity to examine the Equipment when it is physically handed over to you or your agent. The receipt will not be effective until immediately after the physical handover.

8. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
a) Your responsibility for the Equipment begins when you or your agent receive the Equipment. If it is delivered to you your responsibility begins on delivery. Your responsibilities include safekeeping of the Equipment and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of the hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment. You must not sell, or otherwise part with control of, the Equipment. 
b) For the purposes of smoke free legislation you control and manage the Equipment under these terms and conditions, you must comply with the smoke free legislation. You will indemnify us for any loss or damage caused by you failing to comply with the smoke free legislation. 
c) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. 
d) You should not remove, deface or cover up the name plates or marks which we have placed on Equipment, which indicates that it is the property that belongs to us. Nor will you deface, alter or cover up any notices giving warnings, information or instructions about the use of the Equipment. You must take all reasonable, adequate and proper measures to protect the Equipment from vandalism and any other damage including, but not limited to, damage caused by adverse weather conditions such as frost.
e) We strongly recommend you have in place appropriate insurance (event insurance, hired-in plant insurance) to cover the equipment while in your possession.

9. ENVIRONMENTAL
You are responsible for all environmental consequences and environmental impact caused as a result of your use of the Equipment, however so occurring and including but not being limited to any leaks or emissions stemming from the Equipment. You will keep us indemnified from any claims made against us by third parties relating to environmental contamination or emissions or any other environmental issue caused by the Equipment during your period of hire.

10. ELECTRICAL EQUIPMENT
It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 and any relevant subsequent regulations during the period of your responsibility for the Equipment as defined in Condition 8 (a) of these Conditions.

11. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING
You must, throughout the period of the Contract, take good care of the Equipment and keep yourself acquainted with the state and condition of the Equipment, ensuring that it remains safe, serviceable and clean, carry out all User Routine Maintenance; order and pay for such consumable items as you shall require to operate and use the Equipment; and under no circumstances must you make or endeavour to make any repairs, alterations or additions to the Equipment or any part thereof nor permit any other person to do so without our prior written consent. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person. No allowance for the hire charges or for the cost of repair will be made by us to you unless they have been specifically authorised in writing by us to carry out the repair. You will be responsible for the expense arising from any breakdown of the Equipment unless it is deemed by us to have been caused by an inherent fault in the Equipment, normal running repairs or fair wear and tear. You shall be responsible for all loss and damage incurred by us including but not limited to that caused by your negligent misdirection or misuse of the Equipment whether by you or your employees or agents. You shall be responsible for all hire fees during such time as the Equipment is idle due to such a breakdown.

12. LOCATION OF EQUIPMENT
Equipment must not be removed without our authority from any site originally specified by you or from any site we subsequently authorise.

13. LIMITS OF OUR LIABILITY
a) We will not be liable for any delays caused by any circumstances beyond our reasonable control. 
b) We will not be liable for any indirect consequential or special loss, loss of business, profits, goodwill, contracts, revenues, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it, even if you have advised us of the possibility of such loss or damage. 
c) Nothing in these terms and conditions shall exclude us from liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other type of liability which cannot be excluded or limited by operation of law. 
d) Our total Liability to you under and/or arising in relation to any Contract shall not exceed the Charges under that Contract. To the extent that any of our Liability to you would be met by our insurance then our Liability shall be extended to the extent that such Liability is met by such insurance.
e) This clause will survive termination or expiry of these terms and conditions.

14. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
You will pay to us the replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment. You must not compromise any claim without our express consent.

15. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
a) You have full responsibility for the care, safekeeping and return in good order of the Equipment. 
b) You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally, you will pay for our financial loss until such rectification is complete.
c) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.

16. FORCE MAJEURE
Neither party to the Contract shall be under any Liability for any failure to perform any of their respective obligations as a result of Force Majeure, other than your obligation to make any payment hereunder. Following notification by one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this Clause, "Force Majeure" means fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.

17. TERMINATION OF HIRE
We will be entitled at any time if you break this Contract or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.

18. OUR RIGHTS OF ACCESS
You authorise us to enter any land or premises where we reasonably believe any Equipment to be, in order to inspect, test, repair, replace or repossess it.

19. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.

20. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
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