Hire Terms and Conditions – Relating to the Hire/Rental of Paella Sets from PaellaWorld
RENTAL EQUIPMENT SUBJECT TO THIS CONTRACT. The Company shall rent the equipment listed on the invoice which will now be known as “the invoice”. PAYMENT TERMS. The rental payments shall be due whether or not the Customer has received notice of a payment. The payment terms of the rental are defined on the invoice. RISK OF LOSS OR DAMAGE. The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final. Cheap Paella Pans Limited reserves the right to make a claim through a county court judgement for any damage or loss occurred to equipment whilst in a hire customers possession. INSURANCE AND INSURANCE CERTIFICATE. The Customer shall ensure they have adequate pubic liability insurance in place to use the equipment listed in the invoice. They shall also ensure they have sufficient knowledge of how to use the equipment or will be employing someone to use the equipment who has sufficient knowledge. They must also conduct their own risk assessment for any event they are planning to hold in accordance with their insurers/local councils guidance. REFUNDS / CANCELLATIONS 75% of total hire cost up to 14 days prior to the hire start date 50% of total hire cost up to 3 days prior to the hire start date 0% of total hire cost thereafter RENTAL TERM. This Rental shall begin on the effective date on the invoice and shall terminate on return in fully working condition to the Company’s facility. If the equipment has to be repaired to return it to a fully working state the equipment will continue to be Rented until it is repaired. The Rental period will end only when the equipment has been returned to a fully working state. CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. RETURN OF EQUIPMENT. At the end of the Rental period, the Customer shall be obligated to return the equipment to the Company via the Companies courier service Interlink Express/DPD on the collection date detailed on the invoice. The courier can collect between 9am and 5pm on the collection day and the customer should make sure that someone is available at the above address that day between those times. A missed collection by interlink express/DPD will result in an automatic £10 plus vat charge applied to the card supplied at booking plus a partial daily rental payment as determine d by Cheap Paella Pans Limited. OPTION TO RENEW. If the Customer is not in default upon the expiration of this rental, the Customer shall have first option to rent the equipment on such terms as the parties may agree at that time. ACCEPTANCE OF EQUIPMENT. The Customer shall inspect each item of equipment delivered pursuant to this Rental. The Customer shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule and test all items to ensure they are working upon delivery If the Customer fails to provide such notice in writing within 2 day(s) after the delivery of the equipment, the Customer will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. Any subsequent claim that the equipment was not provided in fully functional order will not be considered. FAILURE TO PERFORM If the equipment fails to perform after the initial acceptance and check it will be the responsibility of the customer to repair and correct the problem. The Company will not be held responsible for any failure of equipment for any reason and the equipment will remain on rental unless a dispensation is granted in writing by the Company to waive the rental fees for the period of non performance. The company will not be held responsible for any errors or omissions due to the Customer’s lack of operational or technical capability. OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. WARRANTY. The Company makes no warranties; express or implied, as to the equipment rented. The Customer assumes the responsibility for the condition of the equipment. INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, the Company shall have the option of requiring the Customer to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Company and subject to this contract. LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Customer, and the Customer shall indemnify and hold the Company harmless from and against all such liability. Customer shall maintain liability insurance of at least £2,000,000 or an amount deemed necessary by their local council (whichever is the greater) unless waived in writing by the Company. NOTICE. All notices required or permitted under this Rental shall be deemed delivered when del ivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Rental. ASSIGNMENT. The Customer shall not assign or sublet any interest in this Rental or the equipment or permit the equipment to be used by anyone other than the Customer or Customer’s employees, without Company’s prior written consent. ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties. SEVERABILITY. If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce andcompel strict compliance with every provision of this contract.