These Terms and Conditions are the standard terms of hire from Roger Underdown Ltd t/a R U Electrical (“The Company”), a company Registered in England & Wales, No 04576979 whose registered office is at The Mews, Queen Street, Colyton, Devon, EX24 6JU
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Agreement means these Terms and Conditions together with the terms of any quotation.
The Customer is the person or organisation, hiring the Equipment from Roger Underdown Ltd t/a R U Electrical
Equipment is all Event electrical, stage , PA systems, event equipment including temporary structures supplied the Company.
Period of Hire is the period between completing the set-up of the Equipment and beginning the dismantling. As agreed, and documented, on the Quote.
Personal Data means data subject to protection under UK data protection law.
Hire Charge is the amount payable by the Customer to the Company as specified in the Quote.
The Quote is the form issued by the Company to the Customer containing details of the Equipment, Period of Hire and Hire Charge.
Writing includes electronic mail, facsimile transmission and comparable means of communication.
- The Agreement
All quotations made by The Company are without obligation and they reserve the right at any time to vary any quotation or part thereof or to refuse acceptance of any order without assigning any reason for such refusal.
It is agreed that the terms set out in the Quote and in these Terms & Conditions constitutes the total agreement made between the parties and that no variation or modification of this Agreement shall be effective unless agreed by both parties in writing.
An Agreement between the parties will not be formed (start date) until the booking has been confirmed by The Company and any agreed deposit has been received.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
These Terms & Conditions apply to the Agreement to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Delivery of Equipment
It is the Customers responsibility to ensure that the site is available, in a suitable condition and has access for commercial vehicles at the time agreed for delivery.
Where a delivery or collection cannot be completed because of a lack of access at the venue the Customer shall still be liable for all agreed charges and for any additional costs incurred completing the delivery or collection.
It is the customer’s responsibility to provide the company with the location of any underground services (gas, water, electricity etc) that could be damaged by marquee fixing spikes. The Customer will be responsible for any costs associated with the repair to unmarked/unidentified services and associated costs relating to their interruption resulting from not being identified to The Company.
If extreme weather is forecast during the hire period, the Company has the right to decline the erection and use of the structure. This is for the safety of all concerned. A decision will be taken no earlier than 24 hours before the delivery date, most commonly on the day.
- Customers Obligations
- The Customer is responsible for any loss or damage to equipment including any packaging supplied, from the time of sign off the safety check list / delivery note and The Company has left site. Responsibility reverts to the Company when they return back to site for collection, or a specific date and time agreed in writing prior to the period of hire.
- Any equipment found damaged or missing during the hire period will be repaired or replaced at the Customer’s expense. No items or objects should be stuck to, fixed to, or suspended from the any equipment. If tape is used anywhere on any Gazebo structure a minimum charge of £50 will be levied for cleaning any residue.
The company cannot be held responsible for any injury or damage sustained by the public in or around the equipment during the hire period. Under no circumstances should the Customer alter or tamper with any electrical appliance or power lead following installation. This includes extension cables. The Customer should not “plug in” any electrical appliance or power lead to existing extension cables without first discussing this with a Company representative as this can lead to mains power being overloaded resulting in tripped fuse boxes.
The Customer is responsible for signing a completed safety checklist / delivery note after consultation with a company representative once the equipment has been installed and in signing this checklist agree to abide by any instructions therein. If the Customer is not present to sign the safety checklist two company representatives will do this on their behalf and a copy will be left for the Customer’s reference. The Customer shall not use cooking equipment, lighting or electrical appliances or decorate the interior/exterior of any Gazebo without prior consent from the company. Any damage/soiling resulting in such use that may require repair or cleaning will be charged to the Customer.
- Price and Payment
Prices specific to this Agreement will be outlined in the Quote that accompanies these terms and conditions.
Unless otherwise specified in writing, all orders require a non-refundable deposit of 25% of the total hire charge to be paid with order and the remaining 75% is payable prior to the period of hire.
Additional charges may be applied for travel, accommodation and subsistence depending on the location where the equipment is to be provided and the Term of this Agreement. All additional charges will be agreed with The Customer in advance.
Invoices are payable immediately upon receipt unless otherwise agreed in writing. The time of payment of the price shall be of the essence of the Agreement.
The Price as stated in the Agreement does not include Value Added Tax (“VAT”). Vat will be charged at the prevailing rate. Our VAT number is GB 892 6675 67.
The Company’s preferred method of payment is by BACS/Faster Payment and bank details are on the Invoice. Cheque payment are also acceptable.
The Company reserves the right to withhold the provision of the Software created for the Customer, until payment has been made and received in full.
If payment of the price or any part thereof is not made by the due date, The Company may:
Cancel the Agreement or suspend any further provision of the Development Services to the Customer with immediate effect. Any such period of suspension shall be disregarded for contractual time limits previously agreed for the completion of the Development Services,
Exercise their statutory right to charge interest at 8% above the Bank of England base rate on late business debts under provisions in the Late Payments of Commercial Debts (Interest) Act 1998.
Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to the Customer. The Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.
Charge the Customer the costs of recovery of any outstanding amount including legal costs and disbursements.
The company warrants that all equipment is installed and set up to manufacturers guidelines and is safe and fit for purpose and ‘normal’ use. Where required, installations are signed off by competent persons.
Individuals (not businesses) have a statutory right to cancel within fourteen (14) days of placing an order, for a full refund.
For businesses, and individuals after the fourteen (14) day period, cancelling an order will incur the following charges to cover reasonable expenses incurred:
Between two (2) and four (4) weeks before the period of hire – 50% of the total hire charge
Less than two (2) weeks before the period of hire – 75% of the total hire charge
Either party shall be entitled to terminate this Contract immediately at any time by written notice to the other party if:
The other party commits a breach of any of the terms of this Agreement (and if the breach is capable of remedy) fails to remedy the breach within 30 days after receipt of notice in writing to do so; or
The other party becomes subject to an administration order; a receiver or administrative receiver or similar is appointed over, or an encumbrancer takes possession of any of the other party’s property or assets; the other party enters into an arrangement or composition with its creditors, ceases or threatens to cease to carry on business, becomes insolvent, or ceases to be able to pay its debts as they fall due.
All notices of termination of the Contract should be submitted to the other Party in Writing.
- Events Outside of Our Control (Force Majeure)
While every effort will be made by the company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon, but not limited to: Acts of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Adverse Weather, restrictions on the use of Transport, Fuel or Power or any other event beyond the Company’s reasonable control.
- Communication and Contact Details
The Company are committed to providing their Customers with a high-quality service. If you would like to discuss how their service could be improved or if you are dissatisfied with the service you are receiving, please let them know by emailing email@example.com or calling 0800 999 3285.
- Our Liability
If The Company fails to fulfil any terms of this contract its liability is limited to refund or cancellation of the hire charge. The Company shall not be liable for any indirect, special or consequential loss or damage. Any loss or damage caused by the Company, its employees or agent shall not exceed the amount of the hire charges. This condition does not apply to death, personal injury caused by negligence or losses arising out of fraudulent misrepresentation by The Company. The Company shall not be liable for any loss or damage to property or equipment owned by the Customer
This indemnification will survive the termination of this Agreement.
- Confidentiality and Data Protection
Confidential Information (the “Confidential Information”) refers to any data or information relating to the Customer’s business which would reasonably be considered to be proprietary to them including, but not limited to, Materials, business processes and Customer information and that is not generally known in their industry and where the release of that Confidential Information could reasonably be expected to cause the Customer harm.
All written and oral information and material disclosed or provided by the Customer to The Company under this agreement is Confidential Information regardless of whether it was provided before or after the date of this agreement or how it was provided to The Company.
On the conclusion or termination of the Agreement both parties shall cease to use all copies of confidential information obtained from the other except in so far as the law requires the information be retained in which event it shall be kept until such period is over and, in any event, kept strictly confidential under the provisions of this clause.
‘Data Protection Legislation’ refers to all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
Both parties shall ensure that they, their employees, agents and sub-Contractors shall observe the requirements of all UK Data Protection legislation and any amendments or revisions thereto in the provision and use of the subject matter of the Agreement and personal data processed under it and shall comply with any request made or direction given to the other which is directly due to the requirements of such Legislation.
All Personal data that Company may collect (including, but not limited to, the Customers name and address) will be collected, used and held in accordance with the provisions of UK Data Protection legislation and your rights under that legislation.
- Other Important Terms
If any of the provisions of the Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The Agreement between the Parties for the sale of Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Customers, without the Photographers prior written consent.
No failure or delay by The Company in exercising any of their rights under this Agreement means that they have waived that right, and no waiver by them of a breach of any provision this Agreement means that they will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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