Terms & Conditions
Light Up Event Hire Terms and Conditions for the Supply of Equipment
These Terms will govern the hire of Equipment by Light Up Event Hire and set out Light Up Event Hires obligations and those of Light Up Event Hire’s Customers, including the arrangements for delivery or collection and use of the Equipment.
Any Contract with Light Up Event Hire shall be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
1. Definitions
1.1 – Within these Terms the following words shall have the following meanings:
Supplier – means Light Up Event Hire.
Customer – the person, firm, company or other organisation hiring or buying the Equipment from Light Up Event Hire.
Carrier – means any third party engaged by Light Up Event Hire to deliver and collect the Equipment;
Contract – the document or documents that set out these Terms and all other details about the Customer’s agreement with Light Up Event Hire, including but not limited to all Hire Charges, Delivery Charges and details of collection or delivery arrangements.
Delivery Charges – the charges stated in the Contract for delivery to and/or collection of the Equipment at the Drop Off Point by Light Up Event Hire or its Carriers.
Force Majeure – in respect of either party, any event or circumstance which is beyond the reasonable control of that party including (but not limited to): act of God; industrial actions; war, terrorist act, civil commotion, weather or environmental problems; power failure or explosion, fault or failure of any plant and apparatus which could not have been prevented by prudent operating practice; governmental restraint of any kind.
Hire Charges – the charging rate for the Equipment as set out in the negotiation and interaction of the customer and Light Up Event Hire.
Hire Period – the period commencing from the time when either the Equipment is loaded on to the Customer’s vehicle by the Customer at the Premises or the time when the Equipment is unloaded at the Site(s) from Light Up Event Hire’s delivery vehicles until the time when either the Equipment is physically returned to the Premises by the Customer or is loaded back on to Light Up Event Hire’s delivery vehicles;
Site – the site(s) where the Equipment will be held while in the Customer’s care during the Hire Period as set out in the Contract.
Terms – these terms and conditions.
1.2 – Words in the singular include the plural and in the plural include the singular.
1.3 – Condition headings do not affect the interpretation of these conditions.
2. Payment
2.1 – The Customer shall pay all Hire Charges, deposit, Delivery Charges and any other sums payable under the Contract to Light Up Event Hire in the manner agreed in the Contract.
2.2 – The Customer shall pay all Hire Charges and any other sums due to Light Up Event Hire without any set-off, deduction, counterclaim and/or any other withholding monies.
2.3 – Where hire of the Hire Goods is to a Customer who is acting as a Consumer and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed three months after which time the Contract shall be deemed to have automatically terminated. Accordingly the Equipment is not covered by the Consumer Credit Act 1974.
2.4 – In consideration of the Hire Charges and other charges referred to in clause 2.1, Light Up Event Hire shall hire the Equipment to the Customer for the Hire Period.
2.5 – Time for payment of all sums due to the Company by the Customer under the Contract shall be of the essence. Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding .
3. Collection, Delivery, Acceptance and Risk
3.1 – Where specified in the Contract Light Up Event Hire will transport the Equipment to the Site(s) in consideration of the Delivery Charges and unload the Equipment on to the Site(s) at the Drop Off Point (unless Light Up Event Hire agrees otherwise). Risk of damage to or loss of the Equipment shall pass to the Customer immediately upon the Equipment leaving the physical possession or control of Light Up Event Hire or its Carrier.
3.2 – The Customer will allow and procure that the Drop Off Point is free from obstruction and will ensure that there is sufficient unloading space and access to and from the Site(s) and the Drop Off Point for Light Up Event Hire and its Carriers.
3.3 – In accordance with clause 3.1 above, at the end of the Hire Period unless otherwise agreed, Light Up Event Hire shall collect the Equipment at the Drop Off Point and be responsible for loading the Equipment on to Light Up Event Hire’s vehicles and transporting the Equipment from the Site(s). Risk of damage to or loss of the Equipment shall pass to Light Up Event Hire when the Equipment is returned to and in the physical possession or control of Light Up Event Hire or its Carriers.
3.4 – Where the Equipment is delivered it will be deemed to have been accepted by the Customer upon such delivery.
3.5 – Where the Contract specifies that the Customer will collect the Equipment the Customer is responsible for loading and unloading the Equipment and transporting the Equipment from the Premises to the Site(s). Risk of damage to or loss of the Equipment shall pass to the Customer immediately upon the Equipment leaving the physical possession or control of Light Up Event Hire at the Premises.
3.6 – Where the Contract specifies that the Customer shall return the Equipment to Light Up Event Hire a its Premises (or such other location as may be agreed), risk of damage to or loss of the Equipment shall pass to Light Up Event Hire when the Equipment is returned to the Premises and in the physical control or possession of Light Up Event Hire.
3.7 – Where requested by the Customer and specified in the Contract, Light Up Event Hire will install the Equipment at the Site(s) at the charges agreed where applicable.. Where the Customer agrees to install all or any part of the Equipment the Customer shall procure that such installation is carried out by suitably qualified personnel.
3.8 – Notwithstanding the passing of the risk in the Equipment, title in and to the Equipment shall not pass to the Customer.
3.9 – The Customer shall not deal with the ownership or interest in the Hire Goods including but not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
4.Obligations of the Customer
4.1 – The Customer will take all reasonable steps to protect the Equipment from weather, theft, vandalism or improper use.
4.2 – The Customer will operate the Equipment with reasonable care and skill and where appropriate by someone appropriately qualified or trained to operate the Equipment.
4.3 – The Customer will return the Equipment to Light Up Event Hire in the same condition and cleanliness as it was delivered.
4.3.1 – if the Equipment is returned with any damage or defect unless caused by the development of an inherent fault and/or fair wear or tear; or
4.3.2 if the Equipment is not returned in a state of cleanliness satisfactory to Light Up Event Hire;
the Customer will be liable to Light Up Event Hire for the cost of repair, replacement or cleaning of the Equipment and for the cost of the Hire Charges until such repairs or cleaning have been completed.
4.4 – The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Company that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Company has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Company shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible.
4.5 – In the event that the Customer does not return any or all of the Hire Goods to the Company, the Company shall invoice the Customer an amount equal to the full replacement cost of such item. Rental will not be taken into account when calculating such amounts. If such Hire Goods are not returned within 7 days of the date of the invoice in respect of such lost or non-returned Hire Goods, the Company reserves the right to charge for its full replacement value.
4.6 – The Company shall not accept any substitutes for lost or damaged Hire Goods supplied by the Customer unless agreed in writing by the Company.
4.7 – The Customer shall return all crates, boxes, hampers, pallets and cages supplied by the Company. Failure to return such items to the Company will result in a charge for their full replacement value being made against the Customer.
5. Electrical Equipment
5.1If any part of the Equipment is electrical, it should be used with the original plugs or sockets fitted to it. If the Customer needs to fit other suitable plugs or sockets to the Equipment, this must be carried out by a competent person who must also return the Equipment to their original condition. The Customer shall ensure it has a suitable supply of electricity for the Equipment. The Customer shall not use electrical Equipment that is not earthed correctly unless the Equipment is double insulated. The Customer shall comply with all regulations which apply, including the Electricity at Work Regulations 1989, while the Customer is responsible for the Equipment.
6. Maintaining the Equipment, breakdown procedures and reporting accidents
6.1 – The Customer shall ensure that the Equipment remains safe, clean and in working order. If the Equipment breaks down the Customer shall report this to Light Up Event Hire immediately in writing. The Customer shall not repair the Equipment unless authorised to do so by Light Up Event Hire.
6.2 – The Customer will inform Light Up Event Hire immediately in writing if the Equipment is involved in any accident resulting in damage to the Equipment or to other property or injury to any person.
7. Where the Equipment is placed
7.1 – The Equipment must not be moved from any Site(s) unless agreed with Light Up Event Hire in writing.
8. Insurance
8.1 – Light Up Event Hire shall have no liability to the Customer to the extent that the Customer is covered by a policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all right of subrogation against Light Up Event Hire.
8.2 – The Customer shall insure the Equipment and keep the Equipment insured throughout the Hire Period ( where specified in the Contract in the joint names of the Customer and Light Up Event Hire) for their full replacement value as advised by Light Up Event Hire against all risks on a comprehensive policy without restriction or excess.
8.3 – Where specified in the Contract the Customer shall insure the Customer and Light Up Event Hire as joint assureds against all liability to third persons for death, personal injury and damage to, or loss of, property arising directly or indirectly out of the use possession or operation of the Equipment for such amount as Light Up Event Hire may stipulate from time to time or in the absence of any such stipulation for such amount as is prudent in all the circumstances and in any event for at least the sum of £2,000,000.
8.4 – The proceeds of such insurance referred to in clauses 8.2 and 8.3 above that relate directly to the Equipment will be held by the Customer in trust for Light Up Event Hire and will be paid to Light Up Event Hire on demand. The Customer must not compromise any claim in respect of the Equipment/ and or any associated insurance without Light Up Event Hire’s consent.
9. Cancellation
9.1 – In the event of a Force Majure the Customer’s obligations under the Terms shall remain unaffected.
9.2 – The Customer may cancel a Contract on written notice subject to clause 9.3, 9.4 and 9.5 below.
9.3 – In the event that a Contract is cancelled by the Customer more than 14 days prior to the date the Hire Period has been agreed to commence 50% of the total amount stated in the Contract will be payable by the Customer to Light Up Event Hire.
9.5 – In the event that a Contract is cancelled by the Customer between 0 and 14 days (inclusive) prior to the date the Hire Period has been agreed to commence 100% of the total amount stated in the Contract will be payable by the Customer to Light Up Event Hire.
9.6 – Light Up Event Hire and the Customer agree that the amounts payable in respect of cancellation referred to in clauses 9.3, 9.4 and 9.5 are fair and reasonable in all respects and are genuine pre-contractual estimates of Light Up Event Hire’s losses (including loss of opportunity) arising in such circumstances.
10. Warranties of Light Up Event Hire
10.1 – Light Up Event Hire warrants that it will endeavour to ensure the Equipment is delivered and collected at the times specified. Light Up Event Hire can not be held liable for any losses, costs, claims or expenses arising as a result of an event of Force Majeure or other circumstances beyond Light Up Event Hire’s control.
10.2 – Light Up Event Hire warrants that in the event that the Equipment breaks down Light Up Event Hire will replace or repair the Equipment as soon as reasonably possible after receipt of the Customer’s written notification of the breakdown and in any event within 72 hours of Light Up Event Hire receiving the Customer’s written notification of the breakdown.
11. Liabilities
11.1 – Light Up Event Hire shall not be liable to the Customer for:
11.1.1 – any indirect loss; or
11.1.2 – any loss, damage, costs, expenses, special damages, consequential losses (including loss of profits and/or damage to goodwill), any economic and/or similar losses, business interruption, loss of business, loss of contracts and opportunity or other claims for compensation arising out of or in connection with:
(a) any breach by the Customer of its obligations under this these Terms; or
(b) any claims made by a third party in connection with the Equipment hired under these Terms; and
(c) (subject to clause 11.3) death or personal injury arising as a result of use of the Equipment other than in accordance with the manufacturer’s instructions.
(d) Failure of any equipment hired.
11.2 – Light Up Event Hire shall not be liable to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the hire of the Equipment and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Light Up Event Hire.
11.3 – Nothing in these Terms shall have the effect of limiting or excluding the liability of Light Up Event Hire for death or personal injury arising out of its negligence or otherwise as prohibited by law.
11.4 – All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy of the Equipment are excluded to the fullest extent possible.
11.5 – If Light Up Event Hire is found to be liable in respect of any loss or damage to the Customer’s property the extent of Light Up Event Hire’s liability will be limited to the retail cost of the damaged property.
11.6 – Light Up Event Hire shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Equipment after a defect has become apparent to the Customer.
11.7 – Light Up Event Hire’s total liability to the Customer under and/or arising in relation to any Contract shall not exceed the total amount stated in the Contract. To the extent that any liability of Light Up Event Hire to the Customer would be met by any insurance of Light Up Event Hire then the liability of Light Up Event Hire shall be increased to the extent that such liability is met by Light Up Event Hire.
12. Indemnity
12.1 – The Customer agrees to indemnify and keep indemnified Light Up Event Hire from and against all claims, costs, expenses (including, but not limited to, legal and other professional fees and expenses) losses, damages and other liabilities (of whatever nature, whether contractual, tortious or otherwise) suffered or incurred by Light Up Event Hire and arising out of or in connection with a breach of these Terms by the Customer and resulting in any claims or complaint by any third party.
13. Termination
13.1 – Light Up Event Hire has the right to terminate the Contract if the Customer: is in breach of any of the terms of the Contract or any of these Terms; or
13.1.1 – the Customer becomes bankrupt; or
13.1.2 – the Customer acting as a company is wound up or a receiver, administrator or liquidator is appointed over all or part of your assets; or
13.1.3 – the Customer enters into any agreement with its creditors or a voluntary agreement is made which affects the Customer.
13.2 – In the event of Termination all monies owed by the Customer to Light Up Event Hire shall immediately become due and payable.
13.3 – Any termination of the Contract or the Terms shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract, or the Terms or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision of the Contract or the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
14. Light Up Event Hire’s rights of access
The Customer hereby grants or shall procure that the relevant third party shall grant a license to Light Up Event Hire and its agents, employees and sub-contractors (including for the avoidance of doubt, the carrier) a license to enter and pass over any Site(s)) at reasonable times and on reasonable notice to deliver, inspect, ,install, test, repair, service, replace, or repossess the Equipment.
15. Separate terms
If any term in these Terms cannot be enforced, this will not affect the remaining terms.
16. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the law of England and Wales and any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, to which each of the parties irrevocably submits.
17. Waiver
17.1 – No delay or failure on the part of either party in enforcing any provision in these Terms shall be deemed to operate as a waiver or create a precedent or in any way prejudice that party’s rights under these Terms, nor shall any single or partial exercise of any right or remedy in any circumstances preclude any other or further exercise of it or the exercise of any other right of remedy.
17.2 – The rights and remedies provided in these Terms are cumulative and are additional to any rights or remedies provided by law.
18. Exclusion of Third Party Rights
18.1 – Unless expressly stated in this Agreement, nothing in this Agreement shall confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
19. – We reserve the right to substitute an alternative product where necessary if the ordered product is not available on the day of delivery.
20. – Items not returned on time will be subject to our standard hire rates until they are returned or a replacement is purchased by ourselves on a loss/ damage basis.
21. – Any items not available at the agreed time of collection must be either returned to our premises or if a return collection is necessary, a collection charge will be levied @ £1.00 per mile for the journey.
22. – Should any item be reported as faulty/ not working on site, we will endeavour to repair/ replace the item as soon as is practically possible. If upon testing the equipment, the fault is not evident or a trip- extension lead has actuated, we reserve the right to impose a call out charge based on travelling mileage and the engineers call out and time.