TERMS & CONDITIONS OF HIRE
DEFINITION. In the following agreement ACE
INFLATABLES, their sub-contractors or agents will be referred
to as the lessor. Companies or individuals hiring the products
of Absolute Advertising Inflatables will be referred to as the hirer, “Equipment” means
any products hired from the lessor and will normally consist
of inflatable structures, tensile tents, event stations, banners,
lighting equipment and any article of similar kind, together
with ropes, pegs, anchors ordinarily used in support of any articles
previously mentioned.
INSURANCE. The hirer undertakes
that all the equipment will be insured throughout the period
of hire or any extension thereof. The insurance cover must
be for public liability and the value of the goods against
loss, fire and theft. The hirer shall not, during the period
of hire use or suffer the equipment to be used in contravention
of the terms and conditions of the insurance policy. In the
event of a claim, the hirer shall procure the payment of all
monies payable to the insurers to the lessor. The hirer also
agrees to reimburse the lessor any financial loss suffered
by the lessor to the extent that the amount is not covered
by the aforesaid insurance policy.
The hirer agrees to pay any additional insurance charges
which may be incurred for the use of equipment from a third
party.
The hirer agrees that the
equipment will not be used in a manner which would be considered
dangerous and render void any insurance policy or Contract
in place.
WEATHER. Weather
conditions are a primary consideration in outdoor events. Operating
guidelines are supplied by the lessor with the equipment. The
hirer however, must also incorporate his/her own judgement,
common sense and knowledge of local weather conditions throughout
the duration the equipment is in use. The hirer is also responsible
for a reasonable anticipation of any adverse change of weather
conditions which affects the safe use of the equipment. The
on-going observation of any changes in weather is of particular
importance where public safety could be threatened.
RESPONSIBILITIES
OF THE HIRER. The hirer
will inform the lessor immediately of any loss or damage
to or fault developing in any of the equipment.
The hirer shall follow the
instructions supplied for installation of equipment supplied
and the hirer shall take extra care to ensure
i) Correct inflation at all
times.
ii) Correct anchorage to suitable fixing points or use of
ballast.
iii) Used only during business hours by a person who is designated
capable of installing the equipment and following instructions
OR if outside these times with an equally competent person
in attendance on site.
iv) Proper deflation, wrap-up and storage overnight in a
secure indoor location.
In the case of equipment
(inflatables) sustaining damage which affects the optimum pressure
automatically controlled by the fan blower, then use of the
item shall be discontinued immediately.
No repair work, mechanical,
electrical or otherwise should be carried Out by
the hirer on any of the equipment without the prior written consent
by the lessor.
Heating or cookery equipment
is NOT to be used inside tensile structures/event stations
without prior written consent from the lessor.
The hirer will be responsible
for the reasonable care of the lessors property during the
period of hire.
The hirer will be responsible
for any breaches of law (including Health and Safety) relating
to equipment during the period of hire.
The hirer will not to allow
any other person or organisation to use or sub-hire the equipment
who has not been approved by the lessor as an authorised hirer.
RETURN
OF EQUIPMENT OPERATED AND INSTALLED BY THE HIRER. All
equipment shall be ready for return on the date agreed, or
sooner if demanded by the lessor (such demand not to be made
by the lessor without reasonable cause).
The hirer shall
ensure that the equipment will be available for collection
(by the lessors appointed carriers) with all components
placed back in the transportation case. The hirer shall co-operate
with the transport company in the process of returning
hired equipment.
The equipment will be returned
by the hirer in a clean and tidy condition, lessor accepting
a degree of fair wear and tear and the effects of prevailing
weather conditions during the period of hire.
If for any reason unacceptable
to the lessor the goods are not ready for collection at the
end of the agreed hire period, the hirer shall pay a daily
rental charge until the equipment is returned. In addition,
all extra costs incurred by the lessor for recovery of the
equipment will accrue to the hirer.
THE HIRER ACCEPTS. it
will be the responsibility of the hirer to establish that the equipment
is the correct specification and fit for the appropriate use
it is intended to be put. It will be deemed that the equipment
was supplied in good condition unless notice to the contrary
is given within 24 hours.
The hirer should not hold
himself out to be an agent or servant of the lessor for any
purpose.
Not withstanding the aforesaid
warranties, the lessor shall NOT be liable for any consequential
or indirect loss whatsoever arising out of this contract.
The lessor will endeavour
to fulfil every contract. However, the performance of the contract
is subject to variation or cancellation by the company in consequence
of trade disputes, fire, act of God, war, civil emergencies,
breakdown, failure or restrictions of the use of transport, fuel or power
or any other cause beyond reasonable expectation or control of Absolute Advertising Inflatables.
These terms shall not operate
to reduce the hirer’s entitlement in respect
of the warranties implied by law in the contract.
Any accidents involving third
party persons and property must be reported to the lessor within
24 hours. If requested and Accident Report Form must he completed
giving full details of the incident. The hirer agrees to co-operate
hilly in any investigation or legal proceedings.
The lessor is the owner of
the products supplied for hire. The lessor holds product and
public liability insurance cover.
IN CIRCUMSTANCES
WHERE THE LESSOR (Absolute Advertising Inflatables) IS ENGAGED
INTIIE INSTALLATION OF EQUIPMENT
THE
SITE. All prices
and quotations are based on the assumption that:
a)
The site is served by a firm access road with adequate hard
standing.
b) The site is firm, level, free from flooding, obstructing
trees, ground and overhead cables.
c) The site is without buried pipes or other concealed services
which might suffer damage occasioned by the transport, erection,
use of and dismantling of equipment.
The hirer will be solely
responsible for all damage to the surface and cultivations
of the site. If in any doubt as to the suitability of a particular
location, the hirer should obtain a site survey and establish
written clarification as to the schedule of location.
POSITION
OF EQUIPMENT. In reasonable
time before Absolute Advertising Inflatables erects any equipment, the hirer
shall inform ACE INFEATABLES where precisely on the Site the
equipment is to be erected. In the absence of such information,
Absolute Advertising Inflatables shall be at liberty to erect the equipment
in such a position as is considered fit. If thereafter the
hirer desires Absolute Advertising Inflatables to erect the equipment in a different
position on the site, Absolute Advertising Inflatables may accordingly re-position
the equipment if there is a reasonable time in which to do
so before the period of hire (or event) commences. Absolute Advertising Inflatables
will then be at liberty to charge to the hirer the reasonable
cost of doing so.
INSTALLATION
AND DISMANTLING. In
the circumstances that the services of Absolute Advertising Inflatables are
engaged for the purpose of installation/inflation adequate
labour force will be provided. Only in exceptional circumstances
and by special arrangement will Absolute Advertising Inflatables allow the
hirer to carry out this work on behalf of Absolute Advertising Inflatables.
Removal will be effected as soon as possible, but on occasion
of delay of removal all equipment will be the responsibility
of the customer/hirer until collected.
CANCELLATION. The
lessor will consider any fair and reasonable request from the
hirer in situations where a cancellation is requested. It will
remain at the lessors discretion as to whether any deposits
paid in advance are refundable.
ADVERTISING
AND PROMOTION. The
lessor reserves the right to use any photograph or other representations
of the Equipment in connection with its marketing and publicity
material, on the basis that any such material shall not be
detrimental to the hirer.
Signature .....................................................
Print .............................................................
Position ........................................................
Company ......................................................
Date .............................................................
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