1.1 In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made between the Customer and Top Table Hire for the hire of Hire Goods;
“Customer” means the person, company or other organisation hiring Hire Goods
“Deposit” means any advance payment required by Top Table Hire in relation to the hire of Hire Goods which is to be held as security.
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Hire Goods” means any Goods which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending on the occurrence either of the following:
- The physical return of the Hire Goods by the Customer into Top Table Hire’s possession;
- The physical collection of the Hire Goods by Top Table Hire;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Rental” means Top Table Hire’s charging rate for the hire of the Hire Goods
“Sale Goods” means any Hire Goods which are sold to the Customer;
“Services” means any services or work carried out by Top Table Hire for the Customer in conjunction with the hire or sale of Hire Goods including any delivery or collection service in respect of the Hire Goods.
2. BASIS OF CONTRACT
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. Top Table Hire will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire due to circumstances beyond Top Table Hire’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months. After this time the Contract shall be deemed to have automatically terminated and therefore the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer. For further information about statutory rights the customer should contact their local authority Trading Standards Department or Citizens Advice Bureau.
3.1 The amount of any Deposit, Rental, and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in Top Table Hire’s current price list from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Hire Period. Top Table Hire may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
3.2 The Customer shall pay the Deposit, Rental and /or charges for any Services, payable under the Contract to Top Table Hire at the time and in the manner agreed.
3.3 Payment Terms by the Customer on time under the Contract is an essential condition of the Contract. Payment Terms shall not be deemed to be made until Top Table Hire has received either cash or cleared funds in respect of the full amount outstanding.
3.4 If the Customer fails to make any payment in full on the due date Top Table Hire may charge the Customer interest on the amount unpaid at the rate of 6% above the base rate from time to time of Top Table Hire’s bank.
3.5 The Customer shall pay all sums due to Top Table Hire under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.6 Top Table Hire may set a reasonable credit limit for the Customer. Top Table Hire reserves the right to terminate or suspend the Contract for hire of the Hire Hire Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
4. RISK OWNERSHIP AND INSURANCE
4.1 Risk in the Hire Goods will pass immediately to the Customer when they leave the physical possession or control of Top Table Hire.
4.2 Risk in the Hire Goods will not pass back to Top Table Hire from the Customer until the Hire Goods are back in the physical possession of Top Table Hire.
4.3 Ownership of the Hire Goods remains at all times with Top Table Hire. The Customer has no title or interest in the Hire Goods except that they are hired to the Customer.
5. DELIVERY, COLLECTION AND SERVICES
5.1 If Top Table Hire agrees to deliver Hire Goods to and or collect the Hire Goods from the Customer it will do so at its standard delivery cost and such delivery and or collection will form part of the Services.
5.2 Where Top Table Hire provides Services the persons performing the Services are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance or advice given to any such person and for any damage which occurs as a result except where the person performing the services is proven to be negligent.
5.3 The Customer will allow and provide sufficient access to and from the site and provide sufficient unloading area for Top Table Hire’s employees, sub- contractors and/or agents to allow them to carry out the Services.
5.4 If any Services are delayed, postponed or cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay Top Table Hire’s standard charges for such delay, postponement or cancellation
6. CARE OF HIRE GOODS
6.1 The Customer shall not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
6.2 Notify Top Table Hire immediately after any breakdown, loss and or damage to the Hire Goods
6.3 Take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
6.4 Permit Top Table Hire at all reasonable times and upon reasonable notice to inspect the Hire Goods including providing access to where the Hire Goods are situated;
6.5 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located.
6.6 Not continue to use Hire Goods where they have been damaged and will notify Top Table Hire immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, and or injury to any person;
6.7 Where the Hire Goods require fuel or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
6.8 The Hire Goods must be returned by the Customer in good working order and condition.
7. LOSS OR DAMAGE TO THE HIRE GOODS
7.1 If the Hire Goods are returned in a damaged or defective state, the Customer shall be liable to pay Top Table Hire for the cost of any repair required to return the Hire Goods to a condition fit for re-hire.
7.2 In respect of any Hire Goods which are lost, stolen or damaged beyond economic repair during the Hire Period the Customer will pay to Top Table Hire the new replacement cost for any Hire Goods.
8 LIMITATIONS OF LIABILITY
8.1 If Top Table Hire is found to be liable in respect of any loss or damage to the Customer’s property the extent of Top Table Hire’s Liability will be limited to the retail cost of replacement of the damaged property.
8.2 Any defective Goods must be returned to Top Table Hire for inspection if requested by Top Table Hire before Top Table Hire will have any Liability for defective Goods.
8.3 The Customer shall give Top Table Hire a reasonable opportunity to remedy any matter for which Top Table Hire is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Top Table Hire shall have no Liability to the Customer.
8.4 Top Table Hire shall have no Liability to the Customer for any of the following losses
- consequential losses (including loss of profits and/or damage to goodwill);
- economic losses;
- special damages and indirect losses;
- business interruption
8.5 Top Table Hire’s total Liability to the Customer in relation to any Contract shall not exceed 4 times the amount of the Rental, in addition to charges for Services (if any) under that Contract or the sum of £750 whichever is the higher. To the extent that any Liability of Top Table Hire to the Customer would be met by any insurance of Top Table Hire then the Liability of Top Table Hire shall be extended to the extent that such Liability is met by such insurance.
8.6 Nothing in this Contract shall exclude or limit the Liability of Top Table Hire for fraud, death or personal injury due to Top Table Hire’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
9.1 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
9.2 If the Customer has any questions or complaints it may contact Top Table Hire by telephoning its customer service team on 01732 862 695 or by e-mail at email@example.com
9.3 Top Table Hire shall have no Liability to the Customer for any delay and/or non-performance of a Contract to the extent that such delay is due to any Force Majeure events.