‘The Company’ is Boombastic Events LTD. The ‘hirer’ is any person or company who hires or has agreed to hire goods from The Company. ‘Goods’ means goods provided by The Company in accordance with The Company’s standard terms and conditions of hire. These terms and conditions of hire supersede any previous terms and conditions. Any waiver by The Company of these terms and conditions of hire on any occasion shall merely act as a waiver on that occasion, and shall not affect The Company’s right to enforce any of these terms and conditions on any further occasion. No terms and conditions stipulated by the hirer shall have effect unless agreed in writing from The Company.
2. Acceptance of Conditions
The customer’s acceptance of equipment on hire implies acceptance of our conditions of hire as given below.
3. Retention of Title
All goods remain the absolute property of Boombastic Events and the customer undertakes not to sell, offer to sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the equipment; nor allow any lien to be created on the equipment
4. Application of Conditions
The Company shall not be bound by any conditions of business of the customer unless such conditions are expressly accepted by The Company by a statement made in writing, and signed by an officer of The Company. Where there is any variance between the customer’s conditions and the Company’s conditions, then The Company’s conditions shall prevail.
5. Limit of Liability for Defect or Failure
The Company’s liability in respect of any defect or failure of the equipment supplied on hire is limited only to making good such defect or failure by repair or replacement of the equipment at the company’s option.
6. Equipment inspection
The Company checks and maintains all equipment thoroughly, but in the eventuality that damage occurs in transit or dispatch, you will not be charged for any equipment that doesn’t work on arrival.
Please report this to The Company immediately and before the start of your event. Please mark affected equipment clearly before returning (such as stickers on equipment, or placing in a labelled plastic bag). In the event that you do not familiarize yourself with our system and do not test it before your event please be aware that our scope for assisting you is more limited and we cannot offer a refund in these circumstances.
7. Insurance to Cover Loss or Damage
The Customer assumes complete responsibility for loss of or damage to the hire equipment (other than fair wear and tear) from the time the equipment leaves The Company’s premises until it is returned to same. To this end, it is up to the hirer to decide whether or not to take out insurance cover to provide for the risks of; Theft, Fire, Accidental Damage, Personal Injury & Public Liability. If insurance is not taken out then the customer will indemnify The Company against any and all claims for the said risks.
8. Hire Charges
i) Period of Hire
The hire charge for the equipment commences from the time that the equipment leaves the Company’s premises, and continues until the equipment is returned to the company.
ii) Late or Incomplete Returns
In the event of the equipment not being returned to The Company on time at the end of the hire period, unless by prior arrangement with The Company, then the hire charge will continue to be levied at the DAILY RATE until such time as the equipment is returned complete to The Company’s premises. (In the event of the goods being returned incomplete, The Company reserves the right to invoice the Customer for the missing item(s) in full. The Company reserves to waive the additional hire charges.
iii) Lost, Theft or Damaged Equipment
In the event of loss or theft of the hire equipment The Company will invoice the customer in full for replacement of the equipment. In the event of damage to the equipment, The Company will, at its option, invoice the customer in full for the repairs to, or the replacement of the equipment.
11. Delivery and collection charges
Standard delivery and collection is outlined as agreed in your booking confirmation, and included in the price. Failed deliveries and collections are charged at £20 per failed transaction.
12. Currency, VAT, Prices and Charges
All hire charges are shown in pounds sterling. We reserve the right at any time, to alter prices with prior notification to the hirer. Prices shown are inclusive of delivery and collection.
13. Equipment Identification
On no account may any Boombastic Events branding, manufacturer nameplates, or any other identification marks, be removed, covered, or defaced.
14. Overdue Accounts
The Company may at its option, in the case of outstanding debts which have become overdue, refuse to supply further goods on hire until such time as outstanding invoices are paid, for the purpose of this clause any remittance received will be applied to the outstanding invoices in age order (oldest first). The Company may at its option withdraw account facilities, where invoices are not paid within 30 days of date of invoice.
In the event of a cancellation the hirer will be liable to pay the full amount as stated on the invoice if the cancellation is less than 30 days before the date of the booking itself. A non-refundable deposit of 50% is required in order to secure any booking with Boombastic Events.
16. Amendments of These Terms of Hire
No amendments to these conditions of hire will be allowed or recognized unless given in writing by the Company at the request of the Customer and duly signed by an officer of The Company.
17. Overdue Invoices, Amendment to Charges (Reversion to Daily Rate)
The Company may at its option, in the case of overdue invoices for equipment on hire, revert all charges to the DAILY RATE.
18. Limitation of Liability
18.1) The Company will always do everything reasonably possible to honour your booking. In the unlikely event we have to cancel or vary your booking, howsoever caused, the maximum liability of The Company will be the value of the contract.
18.2) The Company shall be relieved of all liability for obligations incurred to the hirer and any other third party. Wherever, and to which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statue, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war or any other cause beyond the control of The Company. Including but not limited to causes arising from acts omissions of the hirer.
18.3) The Company does not accept liability in respect of any losses whatsoever arising out of any event or events beyond its reasonable control.
18.4) The Company does not accept liability in respect of any business losses, including (and without limitation to) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
This contract shall be governed by English Law in the Courts of England.