Terms of Service

By accepting our quotation, you agree to be bound by these terms and conditions (“terms”). If you do not agree to these terms, you must not accept our quotation or use our services or equipment.

1. Services and Equipment

1.1 We will provide the services and equipment to you in accordance with the quotation and these terms.

1.2 We will deliver, erect, dismantle and collect the equipment at the location and dates specified in the quotation or as otherwise agreed by us in writing.

1.3 We will use reasonable care and skill in providing the services and equipment to you and comply with all applicable laws, regulations and codes of practice.

1.4 We will ensure that the equipment is safe, fit for purpose and in good working order when delivered to you.

1.5 You must inspect the equipment upon delivery and notify us immediately of any defects, damage or discrepancies. If you do not notify us within 24 hours of delivery, you will be deemed to have accepted the equipment as delivered.

1.6 You must use the equipment only for the purpose for which it is intended and in accordance with our instructions and any manufacturer’s specifications.

1.7 You must not alter, modify, repair, damage, misuse, abuse, over-load or interfere with the equipment or allow anyone else to do so.

1.8 You must not sub-hire, sell, assign, transfer, mortgage, pledge or otherwise dispose of or encumber the equipment or any interest in it.

1.9 You must not remove, deface or cover up any identification marks, labels or notices on the equipment.

1.10 You must keep the equipment in your possession and control at all times and protect it from loss, theft, damage or deterioration.

1.11 You must comply with all applicable laws, regulations and codes of practice relating to the use of the equipment and obtain all necessary permits, licences and consents for its use.

1.12 You must ensure that anyone who uses the equipment is properly trained, qualified and authorised to do so and follows all safety precautions and instructions.

1.13 You are responsible for any damage or injury caused by or arising from your use of the equipment or any breach of these terms.

2. Hire Period and Charges

2.1 The hire period for the equipment will commence on the date of delivery and end on the date of collection as specified in the quotation or as otherwise agreed by us in writing (“hire period”).

2.2 You must pay us the hire charges for the equipment as specified in the quotation or as otherwise agreed by us in writing (“hire charges”).

2.3 The hire charges are based on a weekly rate unless otherwise stated in the quotation. Any part week will be charged as a full week.

2.4 The hire charges do not include any delivery, erection, dismantling or collection fees which will be charged separately as specified in the quotation or as otherwise agreed by us in writing (“additional fees”).

2.5 The hire charges do not include any taxes, duties or levies which may be applicable to the services or equipment and which will be charged separately as required by law.

2.6 We may require you to pay a deposit before we deliver the equipment to you as specified in the quotation or as otherwise agreed by us in writing (“deposit”). The deposit will be refunded to you upon return of the equipment in good condition less any amounts due to us under these terms.

2.7 We may require you to provide us with a credit card number or other security for payment of the hire charges and any other amounts due to us under these terms (“security”). We may charge your credit card or enforce your security if you fail to pay us any amounts due under these terms.

2.8 You must pay us all amounts due under these terms within 14 days of receiving our invoice unless otherwise agreed by us in writing.

2.9 If you fail to pay us any amounts due under these terms on time, we may charge you interest at a rate of 10% per annum calculated daily from the due date until the date of payment.

2.10 If you fail to pay us any amounts due under these terms within 30 days of the due date, we may terminate this agreement and repossess the equipment without notice to you and without affecting our other rights and remedies under these terms or at law.

3. Termination and Extension

3.1 You may terminate this agreement at any time by giving us at least 24 hours notice in writing and paying us all amounts due under these terms up to the date of termination.

3.2 We may terminate this agreement at any time by giving you at least 24 hours notice in writing if:

3.2.1 You breach any of these terms and fail to remedy the breach within 7 days of receiving our notice requiring you to do so;

3.2.2 You become insolvent, bankrupt, liquidated, wound up or subject to any form of administration or receivership;

3.2.3 We reasonably believe that the equipment is at risk of damage, loss or theft or that you are unable or unwilling to comply with these terms;

3.2.4 We are unable to provide the services or equipment due to circumstances beyond our control such as force majeure, industrial action, fire, flood, war, terrorism or government action.

3.3 Upon termination of this agreement for any reason:

3.3.1 You must return the equipment to us in good condition and working order at your own cost and risk;

3.3.2 You must pay us all amounts due under these terms up to the date of termination;

3.3.3 We may enter your premises or any other premises where the equipment is located and repossess the equipment without notice to you and without liability for any damage or loss caused by us;

3.3.4 We may retain any deposit or security until all amounts due under these terms are paid in full;

3.3.5 We may exercise any other rights and remedies available to us under these terms or at law.

3.4 You may extend the hire period for the equipment by giving us at least 24 hours notice in writing before the end of the hire period and paying us the additional hire charges for the extended period as agreed by us in writing.

4. Liability and Indemnity

4.1 To the extent permitted by law, we exclude all warranties, representations and guarantees in relation to the services and equipment whether express or implied by law, custom or otherwise.

4.2 To the extent permitted by law, we limit our liability for any loss or damage suffered by you or any third party arising from or in connection with the services or equipment whether in contract, tort (including negligence), statute or otherwise to:

4.2.1 The replacement or repair of the equipment; or

4.2.2 The refund of the hire charges paid by you; or

4.2.3 The amount of £10,000, whichever is the lesser.

4.3 To the extent permitted by law, we exclude all liability for any indirect, consequential, special or punitive loss or damage suffered by you or any third party arising from or in connection with the services or equipment whether in contract, tort (including negligence), statute or otherwise.

4.4 You indemnify us and hold us harmless from and against all claims, demands, actions, suits, proceedings, costs, expenses, liabilities and damages arising from or in connection with:

4.4.1 Your use of the services or equipment;

4.4.2 Any breach of these terms by you;

4.4.3 Any injury, death or property damage caused by you or anyone using the equipment with your permission;

4.4.4 Any loss, theft or damage to the equipment while in your possession or control.

5. General

5.1 These terms constitute the entire agreement between you and us in relation to the services and equipment and supersede all previous communications, representations and agreements whether oral or written.

5.2 These terms are governed by and construed in accordance with the laws of [Your State] and you submit to the exclusive jurisdiction of the courts of [Your State].

5.3 If any provision of these terms is invalid, illegal or unenforceable, it will be severed from these terms and the remaining provisions will continue in full force and effect.

5.4 We may assign, transfer or subcontract our rights and obligations under these terms without your consent.

5.5 You may not assign, transfer or subcontract your rights and obligations under these terms without our prior written consent.

5.6 Any waiver of any right under these terms must be in writing and signed by us.

5.7 Any notice under these terms must be in writing and delivered personally, by email or by post to the address specified in the quotation or as otherwise notified by either party.