1. DEFINITIONS

“Agreement” means the agreement between the Lessee and the Lessor for the provision of Event Hire Equipment, comprising these Conditions together with the Event Hire Order;
“Conditions” means these conditions of event hire relating to the hiring from the Lessor by the Lessee of the Event Hire Equipment, and ‘Condition’ shall be construed accordingly;
The “Event Hire Equipment” means the buildings (including but not limited to portable and mobile buildings, toilets and erectable structures) identified in the Event Hire Order and provided to the Lessee, together with any and all ancillary equipment supplied in relation thereto, which are and will remain at all times the property of the Lessor;
“Event Hire Order” means the order document (as amended in accordance with these Conditions) which forms part of this Agreement and any attachments to it agreed by the parties;
The “Lessor” is Qdos Event Hire Ltd, Fernside Place, 179 Queens Road, Weybridge, Surrey, KT13 0AH, and its successors whomsoever;
The “Lessee” is the company, firm or persons specified in the Event Hire Order and includes its or their successors or personal representatives;
“The “Site” shall be the precise location for the Event Hire Equipment as specified in the Event Hire Order.

2. EXTENT OF AGREEMENT
No conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the Agreement and the Lessee admits that no representations have been made to the Lessee by or on behalf of the Lessor which have induced the Lessee to enter into the Agreement.

3. CONSENTS, LICENCES OR PERMISSION
The Lessee shall comply with all Acts of Parliament, Orders in Council, Statutory Instruments, restrictions, stipulations and conditions affecting the use of the Event Hire Equipment, the Site and the erection of the Event Hire Equipment on the Site. Where use of Event Hire Equipment needs the approval of the local authority or any other authority before they can be erected (including for the avoidance of doubt, any necessary planning consents), the obtaining of any authorisation is the responsibility of the Lessee, and orders will be accepted by the Lessor on the implied understanding that there are no restrictions on the use of the Event Hire Equipment on the Site in question.

4. PERIOD OF HIRE

  • The period of hire commences on the first date of the period of hire specified in the Event Hire Order and concludes on the first date following the date the Agreement is terminated in accordance with Condition 5 both commencement and conclusion days are included in the period of hire. No credit is allowed on the hire of Event Hire Equipment for any holiday periods, which occur during the hire term.

5. TERMINATION

  • Subject to Condition 5(v), where the period of hire specified in the Event Hire Order exceeds 28 days, this Agreement (unless otherwise specified) shall be terminable by the Lessee giving to the Lessor written notice to take effect no earlier than the end of the period of hire specified in the Event Hire Order. The relevant notice period shall be fourteen (14) days.
  • Subject to Condition 5(v), where the period of hire specified in the Event Hire Order exceeds 28 days, the Lessor shall be entitled to terminate this Agreement on seven (7) days written notice provided that such notice shall not expire before the end of the minimum period of hire specified in the Event Hire Order. Such termination by the Lessor shall be without prejudice to the Lessor’s rights under this Agreement.
  • Where the period of hire specified in the Event Hire Order exceeds 28 days, for the avoidance of doubt, the period of hire will not expire if notice has not been given in accordance with Conditions 5(i) or 5(ii). Instead, this Agreement will continue on its existing terms and conditions (except as expressly amended herein) until either expiry of the relevant period of notice given by the Lessor or Lessee in accordance with Conditions 5(i) or 5(ii) or until otherwise terminated in accordance with this Condition 5.
  • Subject to Condition 5(v), where the period of hire specified in the Event Hire Order does not exceed 28 days, this Agreement shall terminate on the last day of the period of hire specified in the Event Hire Order.
  • The Lessor may terminate the Agreement forthwith in the event of:
    (a) Failure by the Lessee to comply with any of the conditions of this Agreement including, without limitation, any charges being unpaid when due;
    (b) The commission by the Lessee of any act of bankruptcy or the levy against the Lessee of any distress or execution;
    (c) The Lessee entering into any composition with its creditors or (in the case of a limited company) going into receivership, administration or liquidation (other than for the purposes of amalgamation or reconstruction); or
    (d) the Lessor’s interest in the Event Hire Equipment is put in jeopardy or prejudiced in any way as a result of any act or omission on the part of the Lessee.
  • If this Agreement is terminated by the Lessor pursuant to Condition 5(v) then, without prejudice to its other rights and remedies, the Lessor shall be entitled to recover all rentals due to it under the terms of this Agreement which would have been payable had the Lessor not terminated this Agreement (including, without limitation, rent for any minimum notice period which would have been applicable if the Lessee had terminated the Agreement voluntarily) and in addition any sums recoverable under any other Conditions.

6. LOSS OR DAMAGE AND DELAY

  • The Lessor, subject to the provisions of Condition 6(vi) below, accepts no liability for:-
    (a) Event Hire Equipment becoming unusable or uninhabitable;
    (b) Non or late delivery arising from accident or breakdown;
    (c)Loss or damage to Event Hire Equipment during loading, unloading or whilst in transit.
  • Delay in delivery shall not be a basis for cancellation of order. The Lessor shall have no liability for any consequential or economic loss whether arising through breach of contract, negligence or on any other common law or statutory basis.

  • Where Event Hire Equipment is erected by the Lessee or on the Lessee’s behalf, no claims for loss or damage will be met by the Lessor should there be any collapse or failure as a result of the Event Hire Equipment not being erected in a proper manner.
  • The Lessee shall provide suitable foundations for the Event Hire Equipment, and the Lessor shall not be liable for any loss or damage due to the collapse or failure of the Event Hire Equipment due to unsuitable foundations.
  • The Lessor reserves the right to charge the Lessee for all costs the Lessor has incurred due to the delay or cancellation of collection caused by inclement weather, or any other reason whatsoever which is outside of the direct control of the Lessor.
  • In the event of total loss or destruction of any of the Event Hire Equipment, the Lessee shall continue to pay the hire charges in respect of the said Event Hire Equipment for the period until the Lessee has paid to the Lessor the full replacement value thereof (being no less than the Insurance Value specified in the Event Hire Order), and this Condition 6(v) shall survive termination of the Agreement.
  • The Lessor shall be liable for death or personal injury arising from its own negligence.

7. RENTAL AND PAYMENT TERMS

  • In consideration for the hire of Event Hire Equipment, the Lessee shall pay the Lessor all rental, delivery and collection charges specified in the Event Hire Order, in accordance with this Agreement. Parts of a week will be charged pro rata.
  • In the event that the Event Hire Equipment is not collected by the Lessor on the last day of the said period of hire either (a) by agreement of
    the parties, or (b) for reasons outwith the direct control of the Lessor, the Lessee shall pay to the Lessor the additional hire charges specified in the Event Hire Order, in accordance with the provisions of this Condition 7.
  • Unless otherwise specified on the Event Hire Order, all charges specified in the Event Hire Order shall be paid by the Lessee to the Lessor as follows:-
    (a) 50% of such charges shall be paid to the Lessor simultaneously on submission of the Event Hire Order; and
    (b) the balance of the remaining 50% of the charges shall be paid to the Lessor no later than 28 days prior to the date of the commencement of hire specified in the Event Hire Order; and
    (c) if any charges are for items of Event Hire Equipment which have been ordered less than 28 days prior to the commencement of hire specified in the Event hire Order, 100% of all such charges shall be paid to the Lessor simultaneously on submission of the Event Hire Order.
  • If alterations are made to the Event Hire Order which result in an alteration to the relevant charges, the Lessee shall pay those charges to the Lessor within 14 days of receipt of the relevant invoice from the Lessor.
  • The Lessor reserves the right to charge the Lessee, which charges shall be payable by the Lessee in accordance with this Agreement, an additional charge for any deliveries or collections made on Saturdays, Sundays and regional bank holidays, at such rates as shall be advised by the Lessor from time to time.
  • All charges are subject to value added tax which shall in addition be payable.
  • Should payments not be made in accordance with this Agreement, the interest shall be chargeable at 4% per annum over the prevailing base rate of the Barclays Bank plc. The Lessee will also pay all charges and costs the Lessor incurs in the recovery of the outstanding sums due and the Lessor shall be entitled to retain all otherwise refundable deposits until such time as payment (and all applicable interest thereon) is made in full.
  • Without prejudice to Condition 6(v), the Lessee shall be responsible for rental of the Event Hire Equipment and all other applicable charges for the period of hire as described in Condition 4 notwithstanding that the Event Hire Equipment is returned in a damaged condition or is otherwise rendered unusable (except to the extent that such Event Hire Equipment is returned, damaged or otherwise rendered unusable due solely to the default of the Lessor, and the Lessor has failed to return, repair or replace the Event Hire Equipment within a reasonable period).
  • The Lessor shall not be responsible for any costs incurred by the Lessee as a result of any delay or failure by the Lessor to collect the Event Hire Equipment from the Site unless such delay or failure arises wholly from and as a direct result of any act or omission of the Lessor.
  • If following termination of the Agreement the Lessor fails to collect the Event Hire Equipment from the Site for any reason out with the control of the Lessor, the Lessee shall continue to pay the Lessor the rental charges specified in the Event Hire Order Form until the date on which such Event Hire Equipment is collected or otherwise removed from the Site.

8. AVAILABILITY AND DELIVERY

  • This Agreement is subject to the availability of the Event Hire Equipment.
  • The Lessor shall use reasonable endeavours to deliver the Event Hire Equipment by the first date of the period of hire stated in the Event Hire Order, but failure to do so shall not be a basis for cancellation of order. All claims for shortages, loss, or damage, must be made within three days from date of delivery, otherwise same cannot be accepted.

9. SITE AND ACCESS

  • A suitable access route to the Site is to be provided by the Lessee with unrestricted entry and approach. Where the ground is soft or otherwise unsuitable the Lessee shall supply and lay an appropriate temporary roadway in a suitable position for loading and unloading and for the Event Hire Equipment to rest on. The driver of the vehicle delivering the Event Hire Equipment may refuse to drive onto ground which the driver considers is unsuitable so as to put the driver’s vehicle and/or the Event Hire Equipment at risk.
  • The Lessee shall deliver to the Lessor at least 7 days prior to the first date of the period of hire specified in the Event Hire Order, a plan of the Site, and the Lessor reserves the right to cancel any Agreement in the event that the Lessor, in its sole discretion considers the Site, or access to the Site to be unsuitable for the Event Hire Equipment. In the event of such cancellation, the Lessee shall still require to pay the Lessor the rental charges for the full period of hire specified in the Event Hire Order within 28 days of receipt of the invoice from the Lessor.

10. LOADING AND UNLOADING
The Lessee shall be responsible for the positioning of the Event Hire Equipment at the Site, and for its dismantling and reloading, and any driver or workman supplied by the Lessor shall be deemed to be under the control and supervision of the Lessee. The Lessee shall supply and bear the cost of any cranage equipment or special equipment required for the siting of the Event Hire Equipment.

11. CONNECTION AND DISCONNECTION OF MAIN SERVICES
Connection of main services on Site is the responsibility of the Lessee. The Lessee shall be responsible for disconnection of all services connected to the Event Hire Equipment at the time when the period of hire is determined for whatsoever cause and shall remain liable for rentals for the Event Hire Equipment for so long as such services are connected to the Event Hire Equipment. At such determination of the period of hire for whatsoever cause the Lessor may arrange for disconnection of such services and the cost incurred by the Lessor in respect thereof shall be a debt from the Lessee to the Lessor payable immediately on demand by the Lessor.

12. MAINTENANCE CARE AND ALTERATIONS

  • The Lessee shall be responsible for:-
    (a) maintaining the Event Hire Equipment in the same condition it is in when delivered to the Site;
    (b) using the Event Hire Equipment in a reasonable manner; and
    (c) returning the Event Hire Equipment on termination of the Agreement in a good condition (fair wear and tear excepted).
  • The Lessee shall ensure that the Event Hire Equipment is cleaned regularly, and in any event, immediately prior to it being returned to, or collected by the Lessor on termination of the Agreement, or for any other reason. In the event that any such equipment is not returned or made available for collection in a clean state, the Lessee shall pay to the Lessor, on demand, cleaning charges. Such cleaning charges shall be subject to a minimum charge of £50 for each item of Event Hire Equipment where such item (including any ancillary equipment supplied in respect of the Event Hire Equipment) does not comply with this Condition 12(ii).
  • The Lessee shall in relation to all Event Hire Equipment with fixed or separate holding tanks, ensure that each such Event Hire Equipment is emptied, flushed through and cleaned of all waste materials and fluid prior to such Event Hire Equipment being returned or made available for collection for whatever reason. In the event that any such Event Hire Equipment is not returned or made available for collection in accordance with this Condition 12(iii), the Lessee shall pay to the Lessor, on demand all costs incurred by the Lessor in emptying, flushing and/or cleaning the Event Hire Equipment.
  • The Lessee is responsible for all loss of or damage to the Event Hire Equipment from whatever cause when the same arises during the period of hire (as defined in accordance with Condition 4). If the Agreement is terminated the Lessee continues to be responsible for all loss of or damage to the Event Hire Equipment until the Event Hire Equipment is returned to the possession of the Lessor. Any loss or damage will be payable by the Lessee on demand by the Lessor. No alteration or modification shall be carried out on the Event Hire Equipment, and the Event Hire Equipment shall not at any time be moved from the agreed position within the Site without the prior written consent of the Lessor.

13. RIGHT OF LESSOR TO INSPECT
The Lessee shall at all times allow the Lessor or its agents or servants to have reasonable access to the Site to inspect, test, adjust, repair, replace or remove the Event Hire Equipment.

14. REPAIRS

  • The Lessee shall not repair or attempt to repair the Event Hire Equipment unless previously authorised in writing by the Lessor and shall inform the Lessor of any loss or damage or need of repair to the Event Hire Equipment immediately the same occurs and the Lessor undertakes to deal with repairs as soon as is reasonably practicable. The Lessor may suspend the further use thereof by the Lessee until such repairs are carried out and where necessary, the Lessor may remove the Event Hire Equipment from the Site for the purpose of repairs. The Lessee shall pay to the Lessor on demand, all costs and charges incurred by the Lessor in respect of all such repairs, including, without limitation, all costs of removing/returning the Event Hire Equipment from/to the Site.
  • The Lessor shall supply to the Lessee a set of keys for each item of Event Hire Equipment (requiring keys), which shall be returned to the Lessor when the relevant Event Hire Equipment is returned or otherwise made available for collection, failing which the Lessee shall pay to the Lessor on demand, the sum of £45 for each set of keys which are not so returned.
  • For the avoidance of doubt, during any period of hire (as defined in accordance with Condition 4) the Lessee shall require to continue to pay all rental charges for the Event Hire Equipment during any period when the Event Hire Equipment is being repaired (except and to the extent only that such Event Hire Equipment requires to be repaired as a direct result of the default of the Lessor, and during such period of repair, the Event Hire Equipment is rendered unusable by the Lessee).

15. INSURANCE AND INDEMNITY

  • The Lessee shall insure and keep the Event Hire Equipment and its accessories comprehensively insured to the full replacement value there of during the period of this Agreement against all the normal risks including loss or damage by fire, flood, accident or any other cause, and shall deliver to the Lessor a certified copy of such insurance from the insurer at least 30 days prior to the commencement of the period of hire specified in the Event Hire Order (or such other date as the Lessor in its sole discretion may agree). The Lessee hereby irrevocably appoints the Lessor to be the Lessee’s sole agents and the only persons to receive all monies payable under such insurance and to negotiate, agree or compromise with the insurers as to the amount so payable. Any insurance money payable shall be applied as follows:
    (a) if the Event Hire Equipment is damaged and in the opinion of the insurers it can be economically repaired, in making good the damage.
    (b) in any other case, at the option of the Lessor, either in replacement by other similar Event Hire Equipment to which this Agreement shall then apply or in compensating the Lessor for all loss suffered as a result of the loss or damage, any surplus being paid to, and any deficiency being made up by the Lessee.
  • The Lessee shall indemnify the Lessor in respect of any claims made against the Lessor and all damages, costs and expenses suffered or incurred by the Lessor as a result of any claim by a third party in respect of the state, condition or use of the Event Hire Equipment or in any way arising out of its leasing under this Agreement.
  • It is the Lessee’s responsibility to insure its own contents. No liability will be accepted by the Lessor for any consequential loss or damage to the Lessee’s contents due to any failure in the Event Hire Equipment supplied under this Agreement.

16. TRANSPORT
In the event of termination of the Agreement, or in the event that the Event Hire Equipment (or any part thereof) is returned to the Lessor for whatsoever reason the Lessee shall forthwith pay to the Lessor the collection charge detailed in the Event Hire Order, or, if no such charge is stated, such charges as the Lessor shall actually incur in hiring cranes or transport and any other equipment for the purpose of dismantling and collecting the Event Hire Equipment.

17. TITLE AND RISK
Title in the Event Hire Equipment shall at all times remain in the Lessor. Risk in the Event Hire Equipment shall pass to the Lessee on the arrival at the Site of the Event Hire Equipment and shall remain with the Lessee until such time as the Event Hire Equipment is returned to the Lessor in accordance with this Agreement.

18. RIGHTS OF THIRD PARTIES

  • Unless expressly stated to the contrary, the parties intend that no provision of this Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1999, confer any benefit on nor be enforceable by any person who is not a party to this Agreement.
  • This Agreement may be rescinded, amended or varied by the parties without notice to, or the consent of any third party even if, as a result, that third party’s right to enforce the terms of this Agreement may be varied or extinguished.

19. IDENTIFICATION MARKS
The Lessor retains the right to affix its mark or plate on the Event Hire Equipment identifying it as the Lessor’s own property and the Lessee shall not remove, deface or cover up the same.

20. SUBLET
The Lessee shall keep the Event Hire Equipment in the sole possession of the Lessee at the Site, and not sell, assign, mortgage or let the Event Hire Equipment or any part thereof.

21. ERRORS AND OMISSIONS
Whilst every endeavour is made to include all contingencies the Lessor cannot be held responsible for errors and omissions arising from circumstances beyond its control.

22. ENVIRONMENT
A charge per single unit or module of Event Hire Equipment will be levied on the Lessee by the Lessor for a basic clean when the unit(s) are returned to the Lessor. The Lessor reserves the right to charge the Lessee all the costs incurred for employing a specialist contractor to remove and dispose of any unidentifiable/hazardous waste, returned in the Event Hire Equipment.

23. INVALIDITY AND SEVERABILITY
If any provision of this Agreement shall be found by any court or body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Lessor and the Lessee hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

24. WAIVER
None of these Conditions shall be considered to be waived by the Lessor unless the waiver is given in writing by a director of the Lessor to the Lessee. No failure on the part of the Lessor to enforce any of these Conditions shall constitute a waiver of such terms.

25. SURVIVAL OF CONDITIONS
Upon termination of the Agreement for any reason, any Condition which expressly or by implication should survive termination in order to give effect to its intention shall survive termination of this Agreement.

26. APPLICABLE LAW
This Agreement shall be governed by and interpreted according to English Law.

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