1. In this agreement Seller” shall mean Childs Play Toy & Party Hire Ltd T/A KIDS PARTY HIRE and its successors and assigns.
“Customer” shall mean the Customer and any person acting on behalf of and with the authority of the Customer.
“Guarantor” means that person (or persons), or entity that agrees herein to be liable for the debts of the buyer on a principal debtor basis.
“Goods” are as defined in the Contract and Commercial Law Act 2017 Part 3 Subparts 1-6 and are the goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
“Services” shall mean all services supplied by the Seller to the Customer and Includes any advice or recommendations.
“Price” shall mean the cost of the Goods as agreed between the Seller and Customer subject to clause 4 of this contract.
2. Any instructions received by the Seller from the Customer for the supply of Goods shall constitute acceptance of the Terms and Conditions contained herein.
(a) Where such acceptance by the Customer is acknowledged by means of Electronic Transmission the provisions of the Electronic Transmission Act 2002 will apply.
(b) These Terms and Conditions of Trade will take priority over any other documents tendered for agreement.
Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3. In this agreement all capitalised terms, unless otherwise defined shall have the meanings given to them in the Contract Details.
4. We agree to hire the Equipment described above to you on these Terms and Conditions of Hire and any supplementary terms supplied with the Equipment.
5. The hiring commences at the time shown above as the Date and Time Out (“Hire Commences”) and continues until the times shown above as the Date and Time Back or until you return the Equipment to us, whichever is the later. You will return the Equipment to us by the Date and Time Back or as otherwise agreed with us in writing.
6. You will pay the Hire Charge in return for the hiring of the Equipment from us.
7. Hire Charges are to be paid before Hire Commences. You will pay the Hire Charges for the Hire Term, even if the Equipment is returned earlier than the Date and Time Back. If the Equipment is returned later than the Date and Time Back (without our agreement in writing) the Equipment will be automatically re-booked at the current weekly rates and you will pay (in addition) an additional hire charge of one half day at the rate applying for the period after the Date and Time Back until the time of actual return.
8. Any costs incurred by us in respect of the collection of an overdue account will be payable by you, including debt collection costs and interest on the amount due from the due date until the date of payment. Interest on overdue invoices shall accrue from the date when payment becomes due and daily until the date of payment at the rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
If the Customer defaults on payment of any invoice when due, the Customer shall indemnify the Seller from and against all of the Sellers costs and disbursements including on a solicitor and own client basis and in addition all of the Sellers nominees cost of collection.
9. You will take all proper care of the Equipment and shall protect it from damage or harm. You will notify us immediately if any Equipment is lost or damaged. You are solely responsible for the loss or damage of any items of Equipment and any loss or damage due to misuse shall not in any circumstances shorten the Hire Term.
10. If the Equipment is damaged, you will pay us the cost of repairs to the Equipment or if the Equipment cannot be repaired then the cost of replacing the Equipment. If the Equipment is lost before being returned to us, then you will pay us the cost of replacing the Equipment.
11. You will clean the Equipment before returning the Equipment to us. You will pay us a cleaning charge if the Equipment is not returned clean or was insufficiently cleaned.
12. You must provide identification (i.e drivers licence) prior to pick up or at the time of pickup of the goods.
13. You acknowledge that you are satisfied that the Equipment is suitable for the purposes intended by you and you are responsible for inspecting the Equipment before Hire Commences. We do not represent that the Equipment is new stock or equal to new but that the Equipment shall be in good condition and fit for normal use.
14. You will ensure that children using the Equipment are properly supervised ‘at all times’ by their parents or caregivers to ensure that all children are not injured while using the Equipment. You will comply with any supplementary terms or instructions supplied with the Equipment. You agree that we accept no fault whatsoever for any accident that occurs on, around or in any Equipment and is not liable for any loss or damage suffered by you or any liability incurred by you ‘as a result of’ the use of the Equipment or the breakdown of the Equipment, however caused. If any liability does attach to us under this agreement or in any other way, our liability shall be limited to the refund of the Hire Charges.
15. You acknowledge that we are not liable for any loss or damage whether direct or indirect, which occurs as a result of your use of the Equipment and you will indemnify us against any claim by a third party in respect of any loss, damage, injury or liability arising out of this hiring or from the use of the Equipment by, or on behalf of you.
16. This agreement is personal to you and may not be assigned nor you may not sublet the Equipment to any other party.
17. If we request, you will immediately advise us of the whereabouts of the Equipment and permit us, our employees and/or agents to inspect and test the Equipment and for such purposes you hereby give permission (which may not be revoked) to the us, our employees and/or agents to take possession of the Equipment and to remove the Equipment from any site and to enter any promises where the Equipment may be.
18. This agreement may be terminated by us at any time and without notice if any of the following circumstances occur, or if we consider (in our discretion) that such circumstances may occur:
a) The Equipment is not being properly used, or
b) The Equipment has been abused, or
c) The Equipment is not being kept properly secure, or
d) The Equipment may be lost, or
e) The Hire Charges or any other money due to us are not paid on their due date, or
f) You (being a company) has a receiver or liquidator appointed, or
g) You have committed any breach of this agreement.
19. If this agreement is terminated by us, you agree to advise us immediately of the whereabouts of the Equipment and to assist us, our employees and/or agents to recover possession of the Equipment.
20. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Goods acquired from the Seller are for the purpose of a business in terms of Section 2 and 43 of that Act.