Fun at Work Company is hereinafter referred to as the "Owner".
"Equipment" means the equipment which is provided to the Hirer under the
Contract and delivered to the Hirer and detailed further on the Order Form.
"The Contract" means the contract between the Owner and the Hirer for the
Rental of the Equipment.
Order Form" means the order form to which these terms are appended.
"Rental" is the provision of the Equipment by the Owners to the Hirer for
the Hirer's use for an agreed period and at an agreed cost and subject to
these terms and conditions.
The Contract shall commence on the day of delivery.
The Contract shall terminate on the day of collection
The Rental will be charged weekly (7 full days) including Saturdays Sundays
and national holidays in England.
The minimum Rental is for one week, unless otherwise agreed.
Unless otherwise agreed the hirer shall pay a deposit equal to four weeks
Rental ("Deposit"). The Deposit shall be paid to the Owner and retained by
the Owner until the termination of the Contract and the return of the
Equipment in satisfactory condition.
The Rental shall be payable in advance or as the Owner may agree.
If the Hirer does not make the Equipment available for collection on
termination of the Contract, the Hirer shall be responsible for the Rental
Fee until the Equipment is collected by the Owner. Should the Hirer return
or make the Equipment available to the Owner before the end of the agreed
rental period, the Owner shall be entitled to charge the Hirer the full
amount or a proportion of the Rental Fee that the Owner deems appropriate.
The Owner shall be entitled to vary the amount of the Rental Fee at any time
after the expiry of the minimum rental period and by giving the Hirer not
less than one (1) weeks notice in writing.
The Rental Fee is exclusive of Value Added Tax.
Following the Advance Rental Fee the Rental Fee shall be paid by the Hirer
to the Owner as detailed in the Order Form in advance for the period of one
week at a time.
Failure to pay in advance may, at the discretion of Owner, result in the
termination of the Contract.
During the Contract, the Owner reserves the right to charge interest on
overdue Rental Fees at the rate of 2% a year above the Bank of England's
base rate from time to time in force and an administration fee of £20.00 in
respect of each late payment.
Prior to accepting any order, the Owner may at its discretion request
references, proof of identity and proof of residence.
The Hirer shall satisfy himself that the Equipment supplied by the Owner
corresponds to the Order Form and is in working order. Any part of the
Equipment found to be faulty, or not found to correspond with the Order
Form, shall be notified to the Owners within one working day of receipt of
the Equipment. Failure to do so will render the Hirer responsible for the
payment of the Rental Fee up to the time of notification.
It is the Hirer's responsibility to ensure that the Equipment is, if
necessary, compatible with existing installations, and is suitable for all
the Hirer's requirements. The Owners reserve the right to substitute the
Equipment proposed for the Rental with alternative equipment of an equal or
higher specification (which, for the purposes of interpreting the Contract,
shall become the Equipment). On termination of the Contract the Hirer may
not substitute any Equipment delivered by the Owner.
The Hirer acknowledge that by signing the Contract he has instructed in the
safe operation of the Equipment and the Hirer undertakes to ensure no one
else uses the Equipment who is not properly instructed and shall not allow
the Equipment to be misused in any way other than in accordance with the
instructions of the Owner
Save in respect of death or personal injury caused by the Owner's negligence
the Hirer shall at all times and in all respects indemnify the Owner against
and from, any and every expense, liability, loss, claim or proceeding
whatsoever in respect of any personal injury or loss whatsoever (including
but without prejudice to the generality of the foregoing, injury to the
Hirer (if the same is possible) and injury to any servant, employee or agent
of the Hirer) and in respect of damage to any property whatsoever (including
the Equipment) or injury to any person arising out of or in connection with
or consequent upon the hire, delivery, use, misuse, non-use, repossession,
collection, return or non-return of the Equipment or any part thereof.
The Owner shall not be liable for any consequential expense liability, what
so ever caused by the late delivery, non-delivery, unsuitability, breakdown,
failure or repossession of the Equipment
The hirer will ensure that the equipment is not used by anyone under the age
of 16 years old.
The Hirer indemnifies the Owner against any loss or damage to the Equipment
and against any loss, damage or injury caused by the Equipment (except for
any caused by the Owner's own negligence) in so far as it is not covered by
insurance of the Equipment.
The Hirer must insure and keep the Equipment insured under a fully
comprehensive policy at the Hirer's expense to their full replacement value
(as notified on the order form) with a reputable insurer chosen by the
Hirer. Insurance must include cover against the risk of loss or damage by
fire, theft, accident and other risks, including third party risks, as are
normally insured against in the case of equipment of the type to which this
Contract relates.
The Hirer will produce to the Owner on demand evidence of the insurance
cover and of the payments of premiums under the insurance policy.
The Hirer must notify the Company promptly of any loss of or damage to the
Equipment and hold any insurance moneys received by the Hirer in trust for
the Owner.
The Hirer irrevocably authorises the Owner to negotiate with the insurers to
settle any insurance claim and to receive the insurance moneys. ..
in making good any damage.
in replacing the Equipment with goods of a similar type.
in compensating the Owner for any loss or damage whichit may suffer or
incur.
The Hirer aggress to pay any shortfall to the Owner on demand.
Any loss of or damage to the Equipment shall not affect the continuance of
this Contract.
If the Hirer fails to pay any insurance premium the Owner may, but shall not
be obliged to, pay the same and the Hirer will reimburse the Owner on
demand.
The location of the Equipment, during the Rental, should remain at the
delivery address and should only be relocated upon the written consent of
the Owner.
The Owner will be granted access to the premises where the Equipment is
located by the Hirer at all reasonable times and with reasonable notice to
inspect, maintain, replace, substitute or remove the Equipment under the
terms stipulated herein.
The Equipment shall not be altered modified or adjusted defaced or repaired
by the Hirer. Doing so will liable the Hirer to the full replacement cost of
the Equipment.
The Hirer shall at his own expense keep the Equipment in a clean and good
condition and not subject it to any misuse or wear and tear over that
consistent with normal and reasonable use, maintaining where applicable the
manufacturers' recommendations. The Hirer undertakes not to remove or
interfere with any identification marks affixed to the Equipment, or to
deface or add to the Equipment.
The Hirer agrees to pay all costs incurred by the Owner in rectifying any
damage or cleaning of the Equipment. Hire charges will continue until such
rectification is complete.
In the event of Equipment failure the Owner will use reasonable endeavours
to repair or replace the Equipment with the same or similar/higher
specification equipment, within seven working days at no charge to the
Hirer. Should the Equipment failure prove to be due to misuse or the fault
of the Hirer, the Owner reserves the right to pass on the repair costs and
engineering charges to the Hirer. Under no circumstances shall the Hirer
attempt any repairs.
The Hirer is responsible for day to day adjustment and care of the
equipment
The Owner may impose a charge of up to £50.00 for visits to the Equipment
for matters of this nature.
The Rental will terminate within seven days of the Owner receiving written
notification that the Hirer wishes to terminate the Contract after the
expiry date of any fixed minimum contract period. If the Hirer does not
contact the Owner in writing seven days prior to the end of minimum contract
period, the Contract shall continue seven days after the Owner receives
written notice of termination from the Hirer.
The Hirer may terminate the Contract prior to completion of the Contract, by
agreement in writing of both parties the Owner reserves the right to enforce
a cancellation charge of such amount that may be necessary to indemnify the
Owner against all loss resulting from the said cancellation.
The Owner may terminate the Rental if the Hirer is in breach of the
Contract, or is in default of any payment due, or in the Owner's sole
opinion may become in breach or default during the period of Rental. The
Owner shall be entitled at any time and for any reason what so ever without
explanation terminate this Contract by giving the Hirer 7 days notice in
writing.
The Hirer expressly acknowledges that the Owners are not the original
manufacturer or supplier of the Equipment, and that the quipment has been
selected by the Hirer as suitable for its purpose. The Hirer accordingly
agrees and acknowledges that all conditions, warranties or representations
whether express or implied or statutory or otherwise in respect of the
Equipment or its fitness for any particular purpose are hereby expressly
excluded to the fullest extent permitted by law.
The Equipment shall not be altered modified or adjusted defaced or repaired
by the Hirer. Doing so will liable the Hirer to the full replacement cost of
the Equipment.
The eguipment is and shall remain the sole property of the Owner and the
Hirer shall not sell offer for sale, assign, mortgage, pledge, lend or
otherwise deal with or part with possession of the equipment
Any dispute between the Owner and the Hirer arising from the Contract shall
be subject to English Law and the parties submit to the exclusive
jurisdiction of the English Courts.
All times or dates quoted for delivery of the Equipment are given in good
faith but without any responsibility on the part of the Owners. The delivery
will take place during Monday to Friday between the hours of 9.00am to
6.00pm unless otherwise agreed. Time of delivery shall not be of the
essence of the Contract.
The Owner will arrange collection of the Equipment from the location
detailed on the Contract during Monday -Friday, between the hours of
9.00am to 6.00pm within seven days after the termination date.
The Owner cannot be held liable for any damage made while delivering and
installing the Equipment in the Hirer's home or place of business however it
so may be caused.
If on delivery suitable access is not provided or possible to the hirers
place of business or home then the minimum hire charge of 1 week will
remain applicable. The hirer should satisfy themselves that reasonable
access is possible.
If the Hirer cancels the delivery or collection with less than 24 hours
notice to the Owner or is not in at the agreed delivery or collection time
a charge of up to £50.00 will be made for re-delivery or collection of the
Equipment
Should any term in the Contract be held to be invalid such invalidation
shall not affect the validity of the remaining terms.
FUN AT WORK COMPANY
BRIAR HOUSE
CALDBEC HILL
BATTLE E.SUSSEX
TN33 0JR
Tel 01424 775445
info@funatwork.co.uk
making your workplace a'fun'
place
