1.1 In this Agreement:
“Equipment” means the equipment described in Part A of the Schedule;
“Hire Charges” means the charges payable by the Hirer to the Owner;
“Hire Period” means the period of the hire of the Equipment as listed in the schedule;
“Hirer’s Premises” means the address stated in the Schedule.
1.2 The attached Schedule forms part of this Agreement.
2. HIRE AGREEMENT
2.1 The Owner agrees to hire the Equipment to the Hirer for the duration of the Hire Period (unless this Agreement is terminated early in accordance with its terms).
2.2 This Agreement will be extended if, before the end of the Hire Period, the Owner and the Hirer agree in writing the terms on which the hire of the Equipment is to be extended.
3. DELIVERY OF EQUIPMENT
The Owner will deliver and install the Equipment to the Hirer at the location identified by the Hirer. The Hirer will be expected to sign and acknowledge the safe receipt at the delivery/handover stage. Should the hirer not be available following installation, a nominated representative (e.g. Venue/Event Manager, Coordinator etc) will be required to sign on your behalf. Shortages must be agreed and noted on the contract/delivery document. Equipment defects should be reported immediately to Decor Event Equipment Hire or to a member of our staff.
4. HIRER’S GENERAL OBLIGATIONS
4.1 The Hirer is responsible for obtaining all consents and authorisations that are needed to enable the Hirer lawfully to use the Equipment at the Hirer’s Premises.
4.2 The Owner will at its own expense install the Equipment and provide all services and works to enable the Equipment to be used at the Hirer’s Premises.
4.3 The Hirer will keep the Equipment in good repair and condition (reasonable wear and tear excepted) throughout the Hire Period and will comply with all instructions for the use of the Equipment which are notified to the Hirer by the Owner.
4.4 The Hirer will keep the Equipment safe and protected against adverse weather as well as against risk of loss or theft while at the Hirer’s Premises.
4.5 The Hirer will not use the Equipment except for the purposes for which it is supplied by the Owner, nor will the Hirer exceed the floor loading capacity of the Equipment (if any) specified in the Schedule.
4.6 The Hirer will ensure that all labels on the Equipment identifying it as the property of the Owner will be maintained in place throughout the Hire Period. Also, the Hirer will upon request give the Owner access to inspect the Equipment during the hire period.
4.7 The Hirer will immediately notify the Owner of any loss or damage occurring to the Equipment during the Hire Period.
5. OWNER’S GENERAL OBLIGATIONS
5.1 The Owner will maintain insurance of the Equipment against fire, lightning, explosion and other similar risks during the Hire Period. The terms of the Owner’s policy will be made available to the Hirer upon request and the Hirer will be deemed to have knowledge of those terms.
5.2 If the Equipment is damaged or breaks down during the Hire Period through no fault of the Hirer, the Owner will endeavour to repair or, at its option, may replace the Equipment with suitable alternative equipment. However, the Owner will only replace the Equipment if it has alternative equipment available.
6. HIRE CHARGES AND PAYMENT
6.1 Hire Charges (including any deposit payable by the Hirer) and the payment intervals are set out in the Schedule.
6.2 The Hirer will pay Hire Charges in advance against the Owner’s invoice. The first payment will be due immediately upon signing the schedule.
6.3 Hire Charges are quoted inclusive of VAT, which will be added to all payments, as appropriate.
6.4 Transportation and delivery costs and the costs of redelivery of the Equipment at termination or expiry of the Agreement will only be payable in addition to the Hire Charges if so stipulated in the Schedule.
6.5 All invoices must be settled within 7 days of issue, failing which the Owner will have the right to terminate the Agreement and repossess the Equipment. Any late payment will entitle the Owner to interest on the overdue amount at [4%] p.a. above the base rate of Cooperative Bank.
6.6 If the Owner terminates this Agreement before expiry of the Hire Period on account of the Hirer’s default or breach of contract, the Hirer will remain liable to the Owner for all Hire Charges which are unpaid and all Hire Charges which would have become due if the Hire Period had continued for its full duration.
7. DANCE FLOOR HIRER’S RESPONSIBILITIES
7.1 Dance Floor Location – The Hirer must ensure the existing floor surface in which the dance floor is to be laid is flat, clean and dry. Failure to comply may result in a delay with its installation or possible non-installation until the situation has been rectified. Decor Event Equipment Hire will not be held responsible for any installation failure or delay due to non-compliance.
7.2 Dance Floor Sizing – The Hirer must ensure the quoted and confirmed dance floor size is capable of being installed in the event location. Decor Event Equipment Hire cannot be held responsible for any errors in sizing. If a smaller floor has to be installed Decor Event Equipment Hire are not liable to refund any difference.
7.3 Important Health and Safety Information – The Hirer must request anyone dancing on the floor – guests, event staff and visitors to refrain from drinking on or around any of our dance floors either via signage or public address/microphone from your band/dj/singer/entertainer. Should any form of glass/glassware be dropped or broken onto our floors, it is essential the glass be removed and cleared away immediately to avoid any damage or injury. The use of bubble, snow, foam or any liquid/residue based special effect machines are prohibited on any of our dance floors. Decor Event Equipment Hire cannot be held responsible for any injuries caused due to miss-use.
The Hirer will indemnify the Owner for loss of or damage to the Equipment occurring during the Hire Period. The Hirer will also indemnify the Owner against any claims, damages, expenses, and proceedings arising in respect of personal injury or death of any person or damage to any property, which arises out of the use of the Equipment during the Hire Period. These indemnities will extend to any loss which is covered by the Owner’s insurance referred to in this agreement.
9.1 The Owner may terminate this agreement if:
9.1.1 the Hirer becomes insolvent or has a receiver or liquidator or administrator appointed over its affairs; or
9.1.2 the Hirer commits a breach of the Agreement.
9.2 Upon termination, the Owner will collect the Equipment at the location where it was delivered by the Owner to the Hirer and in the same condition (fair wear and tear excepted).
9.3 In the event of a cancelled booking, a cancellation charge will be levied by the Owner: 90 days prior to the function date – None of the remaining balance. 90 – 61 days prior to the function date – 50% of the remaining balance. 60 – 31 days prior to the function date – 75% of the remaining balance. Less Than 30 days prior to the function date – 100% of the remaining balance.
9.4 All deposits paid are none refundable.
The Hirer will not assign, sublet or part with possession of any of the Equipment during the Hire Period.
11. GOVERNING LAW AND DISPUTES
This agreement is governed by English law and any dispute will be resolved by the English courts.