1. Definitions

1.1 In these Conditions:

“we”, “us” and “our” means Event Equipment Hire Ltd.

“you” and “your” means the person, firm, company or organisation hiring the Equipment.

“Authorised Signatory” means a person named on our published list of authorised signatories at eventequipmenthire.co.uk/authorised-signatories. No one else can bind us.

“Booking” means a contract for hire formed under clause 2.

“Charges” means the total hire charge in the Quotation, plus delivery, Deployment, VAT and any further sums payable under these Conditions.

“Conditions” means this document.

“Contract” means the contract between you and us for the hire of the Equipment, made up of these Conditions, the Quotation and our Order Confirmation.

“Credit” means a credit against a replacement Booking, offered at our discretion under clause 7.5.

“Equipment” means the mobile grandstands, mobile stages, mobile LED screens and all ancillary equipment we hire to you, as described in clause 9.1.

“Deploy” means the mechanical process by which our crew bring a delivered unit into use on Site, including unfolding, raising, winching, hydraulically extending or lowering its roof, floor, seating or screen. “Deployment” and “Deployed” are read accordingly.

“Stow” means the reverse of Deploy, by which our crew return a unit to its travelling condition so that it can be driven away. “Stowing” and “Stowed” are read accordingly.

“Event” means the event for which the Equipment is hired, as identified in the Quotation.

“Hire Period” means the period from when the Equipment is loaded at our Operating Base until it is collected and back in our stock.

“Operating Base” means the depot or yard from which the Equipment is dispatched for your Event, as identified in the Quotation. Where the Quotation does not identify it, it means our principal operating depot at the date of the Quotation.

“Order Confirmation” means our written confirmation of a Booking.

“Peak Period” means any date that the Quotation identifies as falling in a Peak Period. Where the Quotation does not say, it means any date between 1 May and 30 September inclusive, and any date falling in a bank holiday weekend.

“Quotation” means our written quotation.

“Reservation Fee” means the sum described in clause 6.2.

“Risk Period” has the meaning given in clause 13.2.

“Signed”, which applies only to a variation under clause 4 and is not required for you to accept these Conditions, means signed by hand, or executed through our designated electronic signature platform so as to produce a completion certificate recording the signatory’s name, email address, IP address, device and the date and time of signature. Nothing else counts as Signed.

“Site” means the place where the Equipment is to be delivered, Deployed or used.

“Writing” includes email.

1.2 Headings are for convenience only. A reference to legislation includes any amendment or replacement of it.

2. These conditions apply and yours do not

2.1 These Conditions are the only terms on which we hire Equipment. They govern the Contract to the exclusion of all other terms.

2.2 We reject, and the Contract excludes, any terms you seek to apply or incorporate. That includes anything contained in or referred to by your purchase order, order acknowledgement, supplier agreement, master services agreement, framework agreement, vendor or supplier portal, onboarding pack, supplier code of conduct, specification, delivery note, website or email footer. It applies whether you send it to us before, at the same time as, or after the Contract is formed, and whether or not the document is referred to in the Contract or in any later correspondence.

2.3 Our Quotation is an offer to hire the Equipment on these Conditions and on no others. It is open for 30 days unless it says otherwise, is subject to the Equipment still being available when you accept, and may be withdrawn or changed by us in Writing at any time before you accept.

2.4 You accept that offer, and a Booking is formed on these Conditions, when the earliest of the following happens:

(a) you tell us in Writing, in any words, that you accept the Quotation, approve it, confirm it or place an order for it;

(b) we receive the Reservation Fee, or any part of the Charges, in cleared funds; or

(c) you allow us to begin work on your Event, including manufacture, modification, loading or transport.

2.5 No signature is required and we will not ask for one. You do not need to sign anything, return anything or tick anything for these Conditions to bind you. We send these Conditions with every Quotation, before any payment is requested and before you accept, so that you can read them first. By doing any of the things in clause 2.4 you accept these Conditions in full and unconditionally, including clause 2.2, and you confirm that your own terms do not apply to the Contract. If you do not accept these Conditions, do not do any of those things, and tell us in Writing instead.

2.5A If the Equipment is no longer available when you accept, no Booking is formed. We will tell you in Writing within 2 working days and refund anything you have paid, and that refund is your only remedy.

2.6 Where anyone at our company completes your supplier onboarding, registers on your portal, accepts a purchase order, ticks a box or clicks to accept, in order to be paid or to get on site, they do so for administrative purposes only. It does not create a contract, vary the Contract, or accept your terms, and you agree that it has no contractual effect. Only clause 4 can change the Contract.

2.7 No course of dealing, trade custom, industry practice or previous contract between us varies these Conditions.

2.8 If you send us a purchase order, order form, terms of business or portal submission of your own, whether before or after a Booking is formed, it does not vary the Contract, it is not a counter-offer we have accepted, and it takes effect only as your administrative record of a Booking already made on these Conditions.

2.9 If any of your terms are nonetheless held to be incorporated, these Conditions prevail to the extent of any conflict.

3. Who can bind us

3.1 Only an Authorised Signatory can agree a Booking on non-standard terms, vary these Conditions, accept your terms, agree a discount, waive a charge, agree a refund or credit, or sign or accept anything on a portal.

3.2 Our current list of Authorised Signatories is published at eventequipmenthire.co.uk/authorised-signatories. Check it before you rely on anything said, written or signed by anyone at our company.

3.3 No other employee, agent, contractor or representative of ours has authority to do anything in clause 3.1, and we are not bound if they try to. This applies however senior their job title appears and however long they have dealt with you.

3.4 You may not rely on any statement, promise, quotation, concession or acceptance given by anyone other than an Authorised Signatory.

4. Changes to the contract

4.1 No change to the Contract, including a change to this clause, has any effect unless it is recorded in Writing and Signed by an Authorised Signatory for us and by an authorised representative for you.

4.2 Nothing else varies the Contract. In particular, an email, a telephone call, a conversation on Site, a text message, a portal entry, a purchase order, a site instruction, our delay in enforcing a term, or either party performing as though a change had been agreed, does not vary the Contract and is not capable of being a representation that this clause does not apply.

4.3 You agree that you will not argue that we are prevented from relying on clause 4.1 by anything described in clause 4.2.

4.4 Changes to the scope of work may change the Charges. We will tell you the revised Charges before the change takes effect.

5. Quotations and charges

5.1 The Charges are as stated in the Quotation and exclude VAT, which is payable at the applicable rate.

5.2 Delivery and collection are charged as stated in the Quotation. Where the Quotation gives no figure, delivery is charged at £2.00 per mile one way for light commercial vehicles and £3.00 per mile one way for vehicles over 7.5 tonnes train combination weight, measured one way from our Operating Base to the Site by the shortest practicable route suitable for the vehicles concerned.

5.3 We may increase the Charges before or during the Hire Period to reflect any increase in the cost of labour, materials, fuel or transport, or any change in the scope of work, Site conditions or Event requirements. We will notify you in Writing. If an increase under this clause exceeds 10% of the Charges, you may cancel within 7 days of being notified and clause 7.2 will not apply to that cancellation.

5.4 The Charges assume one delivery, one Deployment and one collection, within the periods set out in the Quotation or confirmed under clause 5.6.

5.5 Delivery and collection windows. The dates, times and hire periods shown in the Quotation are indicative. They are based on the information you have given us at the time of quoting, and they are not guaranteed delivery, Deployment or collection dates unless the Quotation expressly states that a particular date or time is guaranteed.

5.6 We normally confirm a more precise delivery, Deployment and collection window in Writing 4 to 6 weeks before the first day of the Event, once transport planning has been done and the diary for that period is complete. We plan loads and routes across several events together so that vehicles run full and mileage is kept down. This keeps our charges lower and reduces the emissions produced by your Event. You must accept the confirmed window and must make the Site available to us for it, in accordance with clause 8.

5.7 Time is not of the essence for delivery, Deployment or collection. Subject to clause 16.1, we are not liable for any loss, cost or expense arising because delivery, Deployment or collection takes place earlier or later than an indicative date, or because a confirmed window differs from the indicative dates in the Quotation. If you need a guaranteed date or a fixed time slot, tell us in Writing before the Booking is formed and we will tell you whether we can offer it and at what charge.

6. Payment

6.1 Time for payment is of the essence.

6.2 We charge a Reservation Fee of 20% of the Charges or £120, whichever is greater. The Reservation Fee is non-refundable. It reserves the Equipment for your Event and takes it out of our available stock.

6.3 The balance of the Charges must reach us in cleared funds at least 14 days before the first day of the Hire Period as stated in the Quotation, whether or not the window confirmed under clause 5.6 differs from it. If you intend to pay by credit card, payment must be made at least 30 days before work commences.

6.4 Our obligation to deliver, Deploy or make the Equipment available is conditional on us receiving all sums due in cleared funds by the dates in clause 6.3. This is a condition precedent to our performance. If we do not receive cleared funds we are not obliged to deliver or Deploy, we are not liable for any resulting loss, and the Charges remain payable in full.

6.5 You must pay in full, in pounds sterling, without any set-off, counterclaim, deduction, withholding or retention, whether under this Contract or any other.

6.6 If you do not pay on time, and without limiting our other rights, we may:

(a) charge interest on the overdue amount at 8% per year above the Bank of England base rate from time to time, accruing daily from the due date until payment, before and after judgment;

(b) charge the fixed sum and reasonable recovery costs we are entitled to under the Late Payment of Commercial Debts (Interest) Act 1998;

(c) suspend delivery, Deployment or any further work under this or any other contract with you, without liability; and

(d) require payment of all sums due under every contract between us before we continue.

6.7 Any purchase order number, invoicing portal, self-billing arrangement, payment run or internal approval process of yours is your administrative matter. It does not delay the due date, extend our payment terms, or make payment conditional.

6.8 We may set off any amount you owe us against any amount we owe you.

7. Cancellation and postponement

This clause costs you money. Please read it.

7.1 You may cancel a Booking at any time by written notice to us. Cancellation is a right you have under this Contract, and the charges below are the price of exercising it. They are not damages for breach.

7.2 On cancellation you must pay:

(a) more than 30 calendar days before the first day of the Hire Period, 20% of the Charges, being the Reservation Fee;

(b) 14 to 30 calendar days before, 50% of the Charges;

(c) less than 14 calendar days before, 100% of the Charges.

7.3 You agree that these charges are reasonable and proportionate, and that we have a legitimate interest in them, because when we accept a Booking we take the Equipment out of our available stock, turn away other work for the same dates, commit crew, vehicles and subcontractors, and may commission bespoke fabrication and freight. The closer to the Event you cancel, the less able we are to replace the lost work.

7.4 Moving your Event is not a right. If you ask to move your Event we will treat it as a cancellation under clause 7.2, calculated from the date we receive your request. We may at our discretion offer you a Credit instead, on the terms in clauses 7.5 to 7.9. We are not obliged to do so, and nothing in those clauses gives you a right to move a Booking.

7.5 Conditions of a Credit. A Credit is only available if all of the following apply:

(a) you ask us in Writing;

(b) we confirm in Writing that we are willing to offer a Credit;

(c) within 14 days of our confirmation you confirm in Writing a firm replacement date falling within 12 months of the first day of the original Hire Period;

(d) we confirm in Writing that the Equipment, crew and vehicles are available for that date; and

(e) you accept a new Quotation for that date.

7.6 The new date is a new Quotation. The replacement date is quoted at our rates current at the date of the new Quotation, for the period in which the replacement date falls. The Charges for the original date do not carry over. We are under no obligation to offer a replacement date in a Peak Period, and we will not do so at off Peak Period rates.

7.7 How much Credit. The Credit is the total of the sums you have paid us for the Booking, less the cancellation charge that would have been payable under clause 7.2 at the date of your request. Where either:

(a) the first day of the original Hire Period did not fall in a Peak Period; or

(b) it did, and we re-let the Equipment for the whole of the original Hire Period for charges at least equal to the Charges,

we will instead set the Credit at the sums you have paid us less a re-planning fee of the greater of £150 and 5% of the Charges.

7.8 Using a Credit. A Credit may only be set against the Charges for the replacement Booking. It is not refundable in cash, it cannot be transferred to anyone else, and it cannot be set against any other contract between us. Where the replacement Charges are lower than the Credit, the balance is not refunded or carried forward. Where the replacement Charges exceed the Credit, you must pay the difference on the terms in clause 6. A Credit lapses if a replacement date is not confirmed under clause 7.5(c), and expires 12 months after the first day of the original Hire Period.

7.9 One move only. Only one Credit is available per Booking. If the replacement date is itself cancelled or moved, clause 7.2 applies to the replacement Booking and no further Credit is available.

7.10 A cancellation is a cancellation whatever the reason for it, including weather, ticket sales, licensing, funding, illness, or a decision by a venue, landowner, authority or third party. Clause 19 protects us, and does not give you a right to cancel free of charge.

7.11 Aborted or abandoned work. If we attend Site and cannot start, complete or safely continue:

(a) because of anything within clause 8 or clause 9, or any other act or omission of yours or of anyone else at the Event, you must pay 100% of the Charges plus all our abortive costs, including crew, transport, accommodation, standing time and any return journey;

(b) because our crew reasonably decides on health and safety grounds that work cannot proceed safely, each party bears its own costs for the period of the stoppage, and the Charges remain payable in full for the Equipment supplied.

7.12 We may cancel or suspend a Booking without liability if you do not pay on time, if the Site is not as warranted in clause 8, if you are in breach of clause 9, 12 or 13, if in our reasonable opinion the Event cannot be carried out safely, if you become insolvent, or if you fail to comply with any other term of the Contract. If we cancel under this clause, clause 7.2 applies as though you had cancelled on that date.

7.13 We may cancel a Booking for any other reason by written notice, in which case we will refund all sums you have paid, including the Reservation Fee. That refund is your only remedy.

8. Site, access, ground and vehicles

8.1 You warrant that, for the whole of the Hire Period, the Site:

(a) is flat, level and firm, with enough ground bearing capacity for the Equipment and for the loaded vehicles and plant needed to deliver and Deploy it;

(b) has clear, unobstructed access and egress suitable for the vehicles specified in the Quotation, including articulated trailers and HGV tractor units where the Quotation refers to them, with adequate turning, manoeuvring, hardstanding and off-loading space;

(c) has adequate overhead and side clearance on the Site and on the approach roads, including from buildings, trees, cables, gateways, bridges, archways and any height or weight restriction;

(d) is free of underground drains, pipes, cables, tanks, services and voids, or that you have given us an accurate plan showing their exact position at least 14 days before Deployment; and

(e) is available to us for the access and working periods stated in the Quotation or confirmed under clause 5.6.

8.2 It is your responsibility, before you book, to satisfy yourself that the Equipment specified in the Quotation, and the vehicles needed to deliver and Deploy it, can physically reach and be used at the Site. The Quotation identifies the Equipment and the vehicle types. You may not cancel, refuse to pay, or treat the Contract as never having been formed, because access, ground or vehicle suitability turns out to be a problem.

8.3 If the Site does not comply with clause 8.1 we may, at our option, rescind the Contract on verbal or written notice, make additional charges, or supply alternative Equipment. We are not liable for any loss, damage or expense caused by doing so, and clause 7.11(a) applies.

8.4 We are not liable for damage to the Site, or to ground, grass, surfacing, drains, pipes, cables, tanks or other services under or concealed at the Site, or for any loss resulting from it, unless you gave us an accurate plan under clause 8.1(d) and the damage was caused by our negligence.

8.5 The Charges do not include reinstating the Site to its pre-hire condition unless the Quotation says so.

8.6 Standing time. If our crew, vehicles or plant are delayed on Site or in reaching it for reasons that are not our fault, including delayed access, late clearance, a blocked route, an unready Site, security or stewarding delays, or waiting for your representative, we may charge standing time at our published rates for crew, vehicles and plant, and may recover any abortive journey, accommodation or subcontractor costs.

8.7 You are responsible for security of the Site and of the Equipment on it, and for preventing unauthorised access, for the whole Hire Period.

8.8 Off the public highway. Where our vehicles, plant, equipment or crew leave a highway maintainable at public expense in order to reach, enter, cross, work at or leave the Site, they do so at your risk and on your direction. Subject to clause 16.1, you are responsible for all loss, damage, injury, delay and cost arising while we are off the public highway, however caused, including loss or damage to our vehicles, plant and Equipment, to the Site, and to the property of any third party, and including loss or damage arising from ground conditions, soft or saturated ground, standing water, concealed services, voids, unsuitable surfacing, kerbs, ramps, gradients, overhead obstructions and any restriction on the approach route.

8.9 Recovery. If any of our vehicles, plant or Equipment becomes stuck, bogged, grounded, immobilised, or otherwise unable to reach, move about or leave the Site or the access route:

(a) you must recover it promptly and at your own cost, and make the route and the standing safe and usable so that we can continue;

(b) if you do not do so promptly, or if we reasonably consider that recovery needs specialist equipment, or that it cannot safely wait, we may appoint recovery contractors, plant, tractors, matting, trackway or ground protection of our own choosing, without further reference to you;

(c) you must pay all resulting costs, including recovery contractors, plant hire, towing, craneage, matting and trackway, additional crew, additional vehicles, accommodation, and any repair to our vehicles, plant or Equipment; and

(d) those costs are payable in addition to standing time under clause 8.6 and to any abortive costs under clause 7.11(a), and form part of the Charges for the purposes of clause 6.

8.10 Ground protection. If in our reasonable opinion the Site or the access route needs temporary roadway, trackway, matting or other ground protection before we can deliver, Deploy, Stow or collect safely, we will tell you. Providing it is your responsibility and at your cost. If you do not provide it, or do not provide it in time, clauses 7.11(a), 8.6 and 8.9 apply, and we may supply it ourselves and charge you for it.

8.11 Inspection. We may inspect the Site or the access route before or during the works, and we may ask you questions about them. Any inspection we carry out, any advice we give, and any decision by us to proceed, does not reduce your obligations under this clause 8, does not amount to acceptance that the Site or route is suitable, and does not transfer any responsibility to us.

9. The equipment, its deployment and its use

9.1 The Equipment is mobile plant. It is not a temporary demountable structure, and it is not built, assembled or erected at the Site. Each unit is manufactured, tested and certificated at our works, is delivered to the Site complete on its own trailer or chassis, and is then Deployed by our crew by mechanical means. At the end of the Hire Period it is Stowed by the reverse process and driven away complete. Nothing in the Contract requires us to design, build, assemble or erect anything at the Site.

9.2 The point of manufacture is the point of build. Each unit was designed, built, tested and certificated at our works against the standards, regulations and guidance in force at its date of manufacture, and it is supplied to you on that basis and in that condition. We do not alter units for individual Events, and you may not require us to.

9.3 You must not, and must not allow anyone else to, modify, add to, cut, drill, weld, paint, extend, reconfigure, re-rate or interfere with the Equipment or any part of it. Only our crew may Deploy or Stow the Equipment or operate any part of its deployment mechanism, including its hydraulics, winches, jacks, locking systems and controls.

9.4 You must give us a plan showing where the Equipment is to be Deployed, or have a representative on Site for that purpose. If you do neither, we may Deploy it where we think fit and we will be treated as having performed the Contract. The Equipment is positioned once. Any repositioning at your request is chargeable. Wasted journeys caused by an absent representative are chargeable. Deliveries left at unattended premises are at your risk.

9.5 You must not, and must not allow anyone else to:

(a) exceed the maximum occupancy, seating capacity, imposed load, point load or wind loading stated in our technical documentation or marked on the Equipment;

(b) attach or suspend anything from it, including rigging, lighting, speakers, banners, signage, scrim, netting, sheeting or branding, without our prior written consent;

(c) place anything on, under or against it that obstructs a gangway, stairway, exit or means of escape; or

(d) move it, or any part of it, after handover.

9.6 You are responsible for crowd management at the Event, including stewarding, marshalling, barriers, queue management, capacity control, the behaviour of spectators, and evacuation. You must comply with your duties under the Health and Safety at Work etc. Act 1974 and with the current edition of The Purple Guide to Health, Safety and Welfare at Music and Other Events.

9.7 Wind and weather. Our technical documentation states the wind speeds and weather conditions within which the Equipment may be used. You must monitor conditions at the Event, act on that documentation, and close, clear or evacuate the Equipment when required. Our crew may at any time, at their sole discretion and without liability, suspend work, refuse to hand over, close the Equipment, or remove it, on health and safety grounds. Doing so is not a breach of the Contract and does not reduce the Charges.

9.8 Wind monitoring is your responsibility. You must provide, site, calibrate and operate your own apparatus for monitoring wind speed at the Event, positioned and used in accordance with our technical documentation and the current edition of The Purple Guide. You must have a written wind management plan for the Event which names the person responsible for taking readings and for acting on them, and which sets out the action to be taken at each wind speed stated in our technical documentation.

9.9 Any anemometer or other monitoring device fitted to the Equipment is provided in a secondary, supporting role only. It is not the primary means of wind monitoring at your Event and you must not rely on it as one. A device fixed to the Equipment measures conditions at a single point, and its readings can be materially affected by shelter from buildings, trees, foliage, other structures, vehicles, terrain or temporary works, by its height, and by its position relative to the prevailing wind. Subject to clause 16.1, we do not warrant the accuracy, calibration, availability or continued presence of any such device, we may remove, replace, relocate or disable it at any time without notice, and we are not liable for any loss arising from your reliance on it.

9.10 If you do not provide your own wind monitoring, or do not act on the readings it gives, clause 9.7 and clause 15 apply, and we may suspend, close or remove the Equipment under clause 9.7 without any reduction in the Charges.

9.11 You must not part with possession of, sub-let, lend, charge, or hold out as your own, any of the Equipment. It remains our property at all times.

10. Handover and return

10.1 When Deployment is complete we will carry out a handover inspection with your representative and issue a handover certificate. Your representative must sign it.

10.2 Risk in the Equipment, and responsibility for its safe use, pass to you on the earlier of the handover certificate being signed and the Equipment being used or occupied by anyone at the Event.

10.3 If your representative is not available to sign, or refuses to sign without giving written reasons within 2 hours, the Equipment is treated as accepted and handed over when our crew leave Site.

10.4 You must make the Site available for Stowing and collection at the times in the Quotation or confirmed under clause 5.6, in the same condition and with the same access as at delivery, and cleared of your property. Clause 8.6 applies to delays in collection.

10.5 The Hire Period, and the Charges, continue until the Equipment is collected and back in our stock. We do not guarantee that Equipment will be removed on any particular day after the Event unless the Quotation says so.

11. Attendance

11.1 The Charges do not include attendance by our staff except during Deployment and Stowing, unless the Quotation says otherwise.

12. Health, safety and CDM 2015

12.1 You are the client for the purposes of the Construction (Design and Management) Regulations 2015 and are responsible for the client duties under them, including making suitable arrangements for managing the Event and appointing a Principal Designer and a Principal Contractor in Writing where required.

12.2 As set out in clause 9.1, the Equipment is mobile plant which we deliver and Deploy, and we carry out no building, assembly or erection at the Site. We act as Principal Contractor or Principal Designer only if we are expressly appointed in Writing for the specific Event by an Authorised Signatory. Without that appointment we act solely as a contractor for our own works. We do not take on either role by conduct, by attending Site, by being the only contractor present, or by carrying out our own works.

12.3 Before we attend Site you must give us the pre-construction information we reasonably request, including the Site layout, ground and services information, the construction phase plan, and details of other contractors working at the Site.

12.4 We will provide, on request, our method statements, risk assessments, structural documentation and evidence of the competence of our personnel.

12.5 You must give us immediate written notice of any accident, incident, structural concern or damage involving the Equipment.

13. Insurance

13.1 Risk in the Equipment, and the insurance obligations in clause 13.4, sit with you for the whole of the Risk Period.

13.2 The Risk Period runs from the moment Deployment is complete and handover takes place under clause 10.2, until the moment our crew begin Stowing. It then runs again from the moment our crew finish Stowing until the Equipment has been loaded onto our vehicle and has left the Site. It includes any period during which the Equipment stands on the Site before or after the Event, and any period during which it waits on the Site to be collected.

13.3 We carry the risk of loss of or damage to the Equipment while it is in transit on our own vehicles, and while it is being Deployed or Stowed by our own crew, except to the extent that the loss or damage is caused or contributed to by you, by anyone else at the Event, by the condition of the Site or the access route, or by information you gave us. Clause 8, and in particular clauses 8.8 to 8.10, apply in full and are not limited by this clause.

13.4 During the Risk Period you must maintain at your own cost all risks insurance on the Equipment for its full replacement value, noting our interest, and you must keep that cover in place for a further 7 working days after the Equipment leaves the Site so that it can be inspected for damage.

13.5 For the whole of the period during which we, our crew, our vehicles or the Equipment are at or on the Site, including delivery, Deployment, the Event, Stowing and collection, you must also maintain at your own cost public liability insurance of not less than £5,000,000 for any one occurrence, and employer’s liability insurance as required by law.

13.6 You must give us copies of the certificates on request, and in any event before delivery. We may refuse to deliver or Deploy until we receive them, and clause 6.4 applies.

13.7 You must ensure that your insurers waive all rights of subrogation against us, our employees and our subcontractors.

13.8 You hold any insurance proceeds relating to the Equipment on trust for us and must pay them to us on demand.

13.9 If you do not hold the insurance required by this clause, we may take it out ourselves and the premium and our reasonable costs are payable by you as part of the Charges.

13.10 Holding insurance does not reduce your liability under clause 8, clause 14 or clause 15.

14. Loss and damage to the equipment

14.1 You are wholly responsible for the Equipment throughout the Risk Period. You must keep it safe and must make good to us all loss of or damage to it, other than fair wear and tear. That includes breakage, contamination, damage to branding, seat labelling, decking, fabric and finishes, and loss by theft, burglary, vandalism or fire.

14.2 You must pay the cost of repair, or where an item is lost or beyond economic repair, its full replacement value. Our schedule of replacement values is available on request and applies to any claim under this clause.

14.3 The Charges continue to accrue on any lost or damaged item, at two thirds of the hire rate for that item, from the date of the loss or damage until it is replaced or repaired and back in our stock.

14.4 You may not return substitute items in place of those we supplied.

14.5 This clause does not apply to loss or damage caused by faulty material or workmanship on our part, or by our negligence.

15. Your indemnity to us

15.1 You indemnify us on demand against all claims, demands, proceedings, damages, losses, fines, costs and expenses, including reasonable legal costs, arising out of or in connection with:

(a) injury to any person, or loss of or damage to any property, arising out of the delivery, presence, Deployment, use, occupation, Stowing or collection of the Equipment;

(b) your breach of clause 8, 9, 12 or 13;

(c) any information, plan, measurement or instruction you give us being inaccurate or incomplete; and

(d) any act or omission of yours, or of your employees, agents, contractors, performers, exhibitors or attendees.

15.2 The indemnity does not apply to the extent that the claim is caused by our negligence, or by faulty material or workmanship on our part.

15.3 Nothing in this clause requires you to indemnify us against any liability that cannot lawfully be indemnified.

16. Our liability to you

This clause limits what we pay.

16.1 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, or for anything else that cannot lawfully be excluded or limited.

16.2 Subject to clause 16.1, we are not liable to you, whether in contract, tort including negligence, breach of statutory duty or otherwise, for:

(a) loss of profit, revenue, ticket income, sponsorship, bar or concession income, business, contracts or anticipated savings;

(b) loss of goodwill or damage to reputation;

(c) wasted expenditure, including marketing, artist, production, venue, staffing or refund costs;

(d) loss of or corruption of data; or

(e) any indirect or consequential loss.

16.3 Subject to clause 16.1, our total liability arising out of or in connection with the Contract, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited in total to the greater of the Charges payable under the Contract and £5,000.

16.4 If the Equipment is defective you must tell us immediately. If the defect was not caused by anything you did or failed to do, we will at our option replace it as soon as we reasonably can, or credit you the hire charge for the defective item. That is your only remedy for defective Equipment.

16.5 We are not liable for any failure or delay in delivering all or part of an order due to an event beyond our reasonable control. We will tell you promptly and you will give us a reasonable extension of time.

16.6 If you want a higher limit than clause 16.3 gives you, tell us in Writing before the Booking is formed. We will tell you whether we can offer it and at what additional charge. You acknowledge that the Charges reflect the way risk is shared under these Conditions, and that you are free to insure against the risks you carry.

16.7 We have no liability to you under the Contract, of any kind, for as long as any sum due to us under this or any other contract between us is overdue.

17. Permits and licences

17.1 You are responsible for giving notice to, and obtaining all permits, licences and consents from, every authority concerned. That includes the local planning authority, building control, the police, the fire and rescue service, the safety advisory group, the highways authority and the landowner. Any cost or delay arising because those permissions are absent, refused, withdrawn or misrepresented is payable by you and is treated as part of the Charges for the purposes of clause 6.

18. Electrical supply

18.1 You are responsible for ensuring the venue has sufficient power supply, distribution, plug points and connectors for the Equipment, and for any other power requirement of your own equipment or of the Event. Electrical Equipment must be used with the plugs and sockets fitted. Removing or changing them invalidates the electrical safety certificate and we will charge the cost of putting it back. Electrical Equipment must not be used unless correctly earthed, unless it is of double insulated specification. You are responsible for complying with the Electricity at Work Regulations 1989 while the Equipment is your responsibility.

19. Force majeure

19.1 Neither party is liable for failing to perform, or for delay in performing, any obligation under the Contract if the failure or delay results from an event beyond its reasonable control. That includes act of God, severe weather, flood, fire, war, terrorism, civil unrest, epidemic or pandemic, government or local authority action, strike, lock-out or other labour dispute, failure of utilities, fuel or power, restrictions on the use of transport, shortage of materials, transport or labour, and restrictions on movement or gatherings.

19.2 The affected party must tell the other as soon as it reasonably can. Performance is suspended for as long as the event continues.

19.3 We may vary or withdraw all or part of an order, and may remove Equipment before or during an Event, because of such an event, including adverse weather, without liability.

19.4 If the event continues for more than 30 days either party may terminate on written notice. Where the event prevented us from supplying the Equipment, we will refund all sums you have paid and that refund is your only remedy. Where the event prevented your Event from going ahead but we were able to supply, clause 7.2 applies as though you had cancelled on the date of termination.

20. Subcontractors and assignment

20.1 We may subcontract all or any part of our obligations. We remain responsible for work carried out by our subcontractors, subject to clause 16.

20.2 We are not responsible for the work, acts or omissions of any contractor, supplier or other party appointed by you or by the venue. Any complaint about them must be taken up with them.

20.3 You may not assign, transfer, subcontract, charge or otherwise deal with your rights or obligations under the Contract without our prior written consent.

21. LED screens

21.1 This clause applies in addition to the rest of these Conditions wherever the Equipment includes an LED screen.

Pixel tolerance, legibility and power. Read 21.2 to 21.7.

21.2 An LED screen is made up of many thousands of individual pixels. Our screens are mobile plant. They travel on the public highway and are subject to vibration, shock, road salt and temperature change in transit, which causes a small number of pixels to fail over time. A screen is accepted as being in good working order, and as fit for the purpose for which it is hired, if fewer than 5% of its pixels are non-functional at handover. Pixel failure below that level is not a defect, is not grounds for a refund, a reduction in the Charges or a claim, and clause 16.4 does not apply to it.

21.3 If more than 5% of pixels are non-functional at handover you must tell our crew before they leave Site under clause 22.1, so that we have the chance to put it right.

21.4 Daylight and legibility. How well a screen reads depends on ambient light, the angle of the sun, the viewing angle, the distance of the viewer and the content shown. A screen that faces south, or that faces into low sun, will suffer washout, in which black areas of the image appear grey and contrast falls away. This is inherent in the technology, it happens to every LED screen, and it is not a defect. You choose the orientation and position of the screen. We will advise on orientation if you ask before the Booking is formed, but the decision and its consequences are yours.

21.5 Power. You must provide a clean, stable, correctly earthed power supply at the screen position. As a guideline, allow 1kVA for every square metre of screen area. Where a generator is used it must be correctly sized for that load, correctly earthed, properly maintained and fuelled, and must hold a stable supply within the voltage and frequency tolerances of the Equipment.

21.6 Subject to clause 16.1, we are not liable for any failure of, or damage to, the Equipment caused by a power supply that is inadequate, unstable, incorrectly earthed or interrupted, by voltage spikes or surges, or by a generator that is undersized, poorly maintained or run out of fuel. You must pay the cost of repairing or replacing any Equipment damaged in that way, and clause 14 applies.

21.7 Any equipment of yours connected to ours, including laptops, players, switchers, converters and cabling, must be PAT tested where required, correctly rated, weather rated for the conditions, and of professional standard.

21.8 Signal and feed. Where you supply the signal or feed to the screen, it is your responsibility to obtain it and to present it at the screen position, working and in a format compatible with the Equipment. Subject to clause 16.1, we are not liable for any loss arising from the failure, interruption, degradation or incompatibility of a feed you supply, or from equipment of yours connected to ours.

21.9 Content. You are responsible for all content shown on the screen, for supplying it in the format and by the deadline we tell you, and for obtaining every licence, consent and permission needed to show it. That includes licences from PRS for Music and from Phonographic Performance Limited (PPL) where music is played or broadcast, and any licence or consent needed to show a television, sports or third party feed. Those licences are yours to hold and yours to pay for.

21.10 You indemnify us under clause 15 against any claim arising out of the content shown on the screen, including claims for infringement of copyright or any other intellectual property right, defamation, breach of advertising rules, and the display of obscene, offensive or unlawful material.

21.11 We may refuse to display, and may remove, any content which in our reasonable opinion is unlawful, defamatory, obscene, discriminatory, or likely to damage our reputation. Doing so is not a breach of the Contract and does not reduce the Charges.

Failure and replacement. Read 21.12 and 21.13.

21.12 If Equipment fails during the Hire Period we will do what we reasonably can to repair it or to provide a replacement. We cannot guarantee a replacement and we do not offer one as a term of the Contract. We do not carry spare stock over and above our hire fleet, that fleet is frequently fully committed on peak weekends, and our transport capacity is limited. Whether a replacement can be provided depends on what is free at the time and what can be got to the Site in time.

21.13 You must make your own contingency arrangements for equipment failure, and in particular for anything your Event depends on, including onboard generators. Subject to clause 16.1, our liability for any failure is limited as set out in clause 16, and clause 16.4 sets out your only remedy.

21.14 You must not attach banners, wraps, sheeting, netting, flags or any other material to the screen or to its structure. Anything attached to a screen materially increases its wind loading and lowers the wind speed at which it can safely be used. Clauses 9.3 and 9.5(b) apply.

21.15 On request and with reasonable notice we will service the Equipment by repairing or replacing parts that become defective through fair wear and tear.

21.16 We may remove Equipment and provide temporary or permanent replacement equipment of at least equivalent capability.

21.17 We may change the specification of the Equipment supplied, provided the change does not materially affect its quality or capability. We will give you prior notice where practicable.

21.18 We may refuse to service the Equipment while any payment under the Contract is outstanding, without prejudice to our other rights and remedies.

21.19 Unless agreed in Writing, we do not supply, prepare, convert, store or back up any content, media, files or recordings used at the Event, and we are not responsible for them.

21.20 If you call us out and the Equipment is not defective, you will pay the call-out charge we notify to you.

22. Complaints

22.1 Shortages, visible damage, and any complaint about the condition of the Equipment, must be raised with our crew before they leave Site, so that we can put it right.

22.2 Any other complaint must reach us in Writing within 7 days of the last day of the Hire Period, with reasonable detail.

22.3 If you do not notify us within those periods we are not liable in respect of that matter, except where clause 16.1 applies.

23. Personal guarantee

23.1 If you sign the Contract as a director or officer of, or on behalf of, a limited company, and that company fails to meet its commitments, enters into liquidation, administration or amalgamation, or the amalgamated company does not settle the account, you give your irrevocable personal guarantee that you will settle our account in full within 30 days of it being issued, and you agree to be bound by these Conditions as though you had signed as an individual.

24. Our property, designs and information

24.1 The Equipment remains our property at all times. You must not do anything that puts our title at risk, and must tell us immediately if anyone tries to seize it or take control of it.

24.2 All drawings, layouts, calculations, specifications and technical documentation we produce remain ours. You may use them for the Event only. We do not assign them to you or to anyone else.

24.3 Each party must keep the other’s confidential information confidential and use it only for the Contract.

25. Suspension and termination

25.1 We may suspend performance or terminate the Contract immediately on written notice if you fail to pay on time, breach clause 8, 9, 12 or 13, or become insolvent, enter administration or liquidation, have a receiver appointed, make an arrangement with creditors, or cease or threaten to cease trading.

25.2 On termination under clause 25.1 all sums owing become immediately due, clause 7.2 applies as though you had cancelled on the date of termination, and we may enter any Site to recover the Equipment.

25.3 Any clause which by its nature should survive termination does so.

26. Data protection

26.1 Each party will comply with the UK GDPR and the Data Protection Act 2018. We process contact and booking information in order to perform the Contract. Our privacy notice is at eventequipmenthire.co.uk.

27. General

27.1 Entire agreement. The Contract is the entire agreement between us about its subject matter and supersedes all earlier agreements, promises, representations and understandings, whether written or oral. You confirm that you do not rely on any statement, representation, assurance or warranty that is not set out in the Contract. Nothing in this clause limits liability for fraudulent misrepresentation.

27.2 Notices must be in Writing and sent to the addresses in the Quotation, or by email to the addresses the parties have used for the Contract.

27.3 No failure or delay in exercising a right waives it, and no single or partial exercise prevents any further exercise.

27.4 If any provision is found to be invalid or unenforceable it is to be modified to the minimum extent necessary to make it valid, or if that is not possible, deleted. The rest of these Conditions are unaffected.

27.5 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999.

27.6 We may update these Conditions from time to time. The version in force is the version sent with your Quotation, and that version governs your Booking for its whole life. Changes do not apply to a Booking already formed.

27.7 A written copy of these Conditions is available on request at any time, free of charge.

27.8 The Contract, and any dispute or claim arising out of it or in connection with it, is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

How a booking is made

There is nothing to sign. A Booking is made, and these Conditions apply in full, as soon as the earliest of these happens:

• you tell us in writing, in any words, that you accept our quotation, approve it, confirm it or place an order;
• we receive the reservation fee, or any part of the charges, in cleared funds; or
• you allow us to begin work on your event.

Your purchase order, supplier agreement, vendor portal or onboarding pack does not change this and does not apply to the hire. See clause 2.

You accept these Conditions in full by accepting our quotation in Writing, by paying the reservation fee, or by allowing us to begin work. That includes clause 2 (these Conditions apply and yours do not), clause 3 (authority), clause 4 (changes), clause 7 (cancellation and postponement charges), clause 8 (site, access and vehicles), clause 13 (insurance), clause 14 (loss and damage), clause 15 (your indemnity) and clause 16 (limits on our liability). You confirm that no terms of your own apply to this Contract. You do not need to sign this page. It is here only if your own procedures require a signed document, and signing it changes nothing except that it records what you have already accepted.