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Terms & Conditions
Effective Date: 20/10/2020
These terms and conditions form an integral part of your hire contract with KEDA Event Solutions
Limited, hereinafter referred to as the “Company”. The Company registration number is 11657559.
Registered Office is Basepoint Business Centre, Shearway Business Park, Shearway Road, Folkestone,
Kent, CT19 4RH.
1.1. In these conditions the following words have the following meanings:
“Contract” this means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of goods.
“Customer” means the person, firm, company, or other organisation hiring the hire goods.
“Confirmation” any document or email provided by the Supplier to the Customer which sets out the particulars of the Customer’s order.
“Deposit” means any advance payment required by the Supplier in relation to the hire goods which is to be held by the Supplier.
“Force Majeure” means any event outside reasonable control of either party including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Hire Goods” means any products which are hired to the Customer.
“Hire Period” means the period commencing when the Supplier hands over the hire goods to the Customer (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events:
(i) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or
(ii) the physical repossession or collection of Hire Goods by the Supplier.
“Liability” means liability for all damages, claims, proceedings, actions, awards, expenses, costs, and any other losses and/or liabilities.
“Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period.
“Supplier” means KEDA Event Solutions Limited which is a company registered in England and Wales with company number 11657559. Registered office: Basepoint Business Centre, Shearway Business Park, Shearway Road, Folkestone, Kent, CT19 4RH. This includes its employees, servants, agents and/or duly authorised representatives.
“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of goods including any delivery and/or collection service in respect of the goods.
1.2 These terms and conditions shall not be amended without the prior written agreement of an authorised officer of the Supplier.
1.3 The Supplier will not be bound by any change purported to be made to these terms and conditions by any of the Supplier’s staff unless an authorised officer of the Supplier confirms in writing that the change is agreed.
1.4 Furthermore if there is any inconsistency between these terms and conditions on the one hand and any other documentation or information provided to the Customer, then to the extent of any conflict (except for details of price, payment, hire period or delivery), these terms and conditions will prevail.
2 BASIS OF CONTRACT
2.1 Goods are hired subject to availability for hire to the Customer at the time required. The Supplier will not be liable for any loss suffered because of the goods being unavailable for hire where the goods are unavailable due to circumstances beyond the reasonable control of the Supplier.
2.2 Where hire of goods is to a Customer who is an individual, unincorporated entity or a two or three partner business, and the hire would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly, the hire of any goods is not covered by the Consumer Credit Act 1974. In such circumstances, the Customer shall return the Hire Goods to the Supplier on the final day of the 3 month Hire Period. If the Customer fails to do this then it shall be liable for any financial loss which this causes the Supplier. Irrespective of the foregoing provisions, if the Hire Period is extended to a period of time which exceeds three months, the Supplier will automatically terminate the Contract at the end of three months and reissue a new Contract on the same terms to the Customer for the extended period. No Hire Period shall ever exceed a three-month period.
3 FAULTY GOODS AND/OR SERVICES
3.1 The Supplier is under a legal duty to supply goods and services that are in conformity with the contract between the parties. In such circumstances, the Customer has legal rights in relation to goods which are, for example, faulty or not as described and in relation to services that are, for example, not carried out with reasonable skill and care.
4.1 The amount of any Deposit, Rental, monies for Sale Goods and/or charges for any Services shall be as quoted to the Customer (all quotes are valid for 30 days, after which an updated quote will be issued). A Deposit is required for all hire goods which must be paid in advance of the Customer hiring the goods, the deposit will be taken at the time of booking.
4.2 The Customer shall pay the deposit, rental, charges for any services and/or any other sums payable under the contract to the Supplier in accordance with the Supplier’s standard payment terms - which require a deposit payment at the time of booking and the remaining balance to be paid upon delivery of the goods. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.
4.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received cleared funds in respect of the full amount outstanding.
4.4 If the Customer fails to make any payment in full on the due date:
4.4.1 the Supplier may charge the Customer interest on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (“1998 Act”) (where applicable) or at the rate of 4% above the base rate of the Supplier’s bank (whichever is higher).
4.4.2 All sums payable under the Contract, and under any other contract between the Supplier and the Customer, shall immediately become due and payable.
4.4.3 Regardless of whether or not the Supplier is claiming interest under the 1998 Act, the Supplier shall be entitled to recover all sums which it would have been entitled to recover under the 1998 Act if it had charged interest under the 1998 Act. Such sums shall include the compensation charges referred to in clause 5A of the 1998 Act, (the amount of compensation being determined in accordance with the principles set out in the 1998 Act).
4.5 The Supplier may set a reasonable credit limit for the Customer however the Supplier reserves the right to terminate or suspend the Contract for hire of goods and/or the provision of services if allowing it to continue would result in the exceeding of the credit limit or if the credit limit is already exceeded. The Supplier may, in its absolute discretion, reduce the Customer’s credit limit.
4.6 If the goods being supplied are in excess of this credit limit (for any reason) at the request of the Customer, their employees, staff, servants or agents or any other person who is purporting to act on behalf of the Customer, then the Customer will be held responsible for the entire account, including the excess. In these circumstances, the Customer shall reduce the credit balance to within its limits by the end of the calendar month during which the limit was exceeded, and if it fails to do so, the Supplier reserves the right to terminate or suspend the hire contract and/or provision of the services.
4.7 The Supplier reserves the right to immediately charge the payment method we have saved in our secure system for any monies owed. If we do not have a valid payment method saved in our system you must make a payment immediately by BACS, card, cheque, or postal order. The Supplier may, where permitted to do so, use such details to recover costs, damages, or losses to which the Supplier is otherwise entitled pursuant to these conditions.
5 RISK, OWNERSHIP AND INSURANCE
5.1 The risk in the hire goods will pass immediately to the Customer once it has left the physical possession and/or control of the Supplier.
5.2 The risk in the hire goods will not pass back to the Supplier from the Customer until such time as the hire goods have returned to the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging rental, the hire period has ceased, or if the contract has expired or terminated.
5.3 At all times, the Supplier retains ownership of the hire goods. The Customer therefore has no right, title, or interest in the hire goods except that they are hired to the Customer.
5.4 The Customer may not deal with the ownership or any interest in the hire goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. Only with the agreement of the supplier may hire goods be sublet to another party.
5.5 The Supplier does not provide insurance in respect of the hire goods. The Customer may choose to insure any hire goods for the duration of the hire period.
6 DELIVERY, COLLECTION AND SERVICES
6.1 It is the responsibility of the Customer to collect the hire goods from the Supplier and return them to the Supplier at the end of the hire period. If the Supplier agrees to deliver and collect the hire goods from the Customer, it will do so at its standard delivery cost as outlined in the quote/invoice provided to the Customer.
6.2 The Customer shall remain responsible and liable for any loss, damage, or theft to hire goods until they are collected by the Supplier.
6.3 Where a service is being provided by the supplier, the person(s) delivering the service are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance or advice given by the Customer and for any damage which occurs because of such persons following the Customer’s instructions, guidance, or advice.
6.4 The Customer will allow sufficient access to and from the site and provide sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, subcontractors and/or agents to allow them to carry out the work. The Customer will ensure that the site is, where necessary, cleared and prepared before the commencement of the service.
6.5 If any Services are delayed, postponed, aborted and/or are cancelled due to the Customer failing to comply with its obligations herein the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement, aborted delivery and/or cancellation except where the Customer is acting as a Consumer and the delay is due to a Force Majeure event.
6.6 If a delivery or collection has been arranged for a specific date and/or time with you, it is considered confirmed. If a delivery/collection crew is on route to your location for a confirmed delivery/collection and it is cancelled by you for any reason, you will incur a charge plus VAT for all costs incurred by the Supplier due to the missed delivery/collection.
6.7 If a delivery/collection crew has reached your location for a confirmed delivery/collection and they are not able to deliver/collect the equipment hired for any reason other than something which we have reasonable control over, you will incur a charge plus VAT for all costs incurred by the Supplier due to the missed delivery/collection.
6.8 If we are not able to deliver the hired equipment to you by the end date/time of your booking, the booking is considered cancelled. If a cancelled booking has been caused due to a singular or several missed deliveries caused by something beyond our reasonable control, your deposit will not be refunded.
6.9 If we are not able to collect the hired equipment by the end date/time of your booking due to something beyond our reasonable control, you will be charged the standard hire rates for any additional equipment usage. You will continue to be charged for all usage of the equipment until we are able to successfully complete the collection.
7 CARE OF HIRE GOODS
7.1 The Customer must:
7.1.1 not remove any labels from or interfere with the hire goods, or any other parts of them and shall take reasonable care of them, whilst only using 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;
7.1.2 notify the Supplier immediately after any breakdown, loss and/or damage.
7.1.3 take suitable measures to protect the hire goods from theft, damage and/or other risks.
7.1.4 permit the Supplier at all reasonable times and upon reasonable notice, access to inspect the hire goods.
7.1.5 always keep the hire goods in its possession and control and not to remove them from the country where the Supplier is located without the prior written consent of the Supplier.
7.1.6 not continue to use the hire goods where they have been damaged and will notify the Supplier immediately if they are involved in an accident resulting in damage to the goods, other property and/or injury to any person; and
7.1.7 where the hire goods require fuel, oil and/or electricity, ensure that the proper type and/or voltage is used.
7.2 The hire goods must be returned by the Customer in good working order and condition and in the same condition that they were in prior to the hire (fair wear and tear excepted) and in a clean condition.
8.1 Allowance may be made in relation to the rental to the Customer for any non-use of the hire goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear. Subject to the Customer informing the Supplier as soon as practicable of the breakdown and the Supplier is unable to repair or replace the hire goods within a reasonable time.
8.2 The Customer shall be responsible for all expenses, loss (including loss of rental) and/or damage suffered by the Supplier arising from any breakdown of the hire goods due to the Customer’s negligence, misdirection and/or misuse.
8.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the hire goods during the hire period and all repairs which are required due to fair wear and tear and/or an inherent fault in the hire goods. The Customer will be responsible for the cost of all repairs necessary to during the hire period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
8.4 The Customer must not repair or attempt to repair the any hire goods unless authorised to do so in writing by the Supplier.
9 LOSS OR DAMAGE TO THE HIRE GOODS
9.1 If any hire goods are returned in a damaged, unclean or defective state except where due to fair wear and tear and/or an inherent fault in them, the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the hire goods to a condition fit for re-hire and to pay the Rental, until such repairs or cleaning have been completed.
9.2 In respect of any hire goods which are lost, stolen or damaged beyond economic repair during the hire period the Customer will:
9.2.1 pay to the Supplier 100% of the repair or replacement cost for of the hire goods.
9.2.2 reimburse the Supplier for any loss or costs suffered or incurred by the Supplier through the hire goods being unavailable for hire in accordance with 8.2 above.
9.3 The Customer will be liable to pay the rental for the hire goods up to and including the date it notifies the Supplier that they have been lost, stolen and/or damaged beyond economic repair.
9.4 In addition to the obligation in clause 9.3, the Customer will be required to pay the rental, from the date of notification that the hire goods have been lost, stolen and/or damaged beyond economic repair until the date the Customer makes a payment to the Supplier for the repair or replacement in accordance with clause 9.2 above, the Customer shall pay, as a genuine estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the rental that would have applied for such hire goods during the lost rental period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such hire goods as quickly as possible once it has received payment from the Customer under clause 9.2 above.
10.1 The provisions of this clause 10 only apply to online or telephone hires from the Supplier.
10.2 Subject to clauses 10.4 and 10.5, in the case of all contracts for hire goods where the hire period does not have a fixed duration, the Customer shall, in accordance with its rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, have the right to cancel the Contract by writing to the Supplier at the address stated at the beginning of these terms, without incurring any additional charges or Liability within 14 days of the date on which the hire goods were due to come into the physical possession of the Customer.
10.3 Where a Customer exercises its right to cancel under clause 10.2 and has made payments in advance for goods and/or services that have not been provided to it, the Supplier will refund the following amounts to the Customer:
10.3.1 For bookings cancelled over 28 working days before the commencement of the hire period, the customer is eligible for a full refund minus any costs incurred by the Supplier.
10.3.2 Bookings cancelled between 14 and 28 working days before the commencement of the hire period, the Customer’s deposit is non-refundable, and the customer is liable for a charge of 25% of the total booking value (inclusive of the deposit).
10.3.3 Bookings cancelled less than 14 working days before the commencement of the hire period, the Customer’s deposit is non-refundable, and the customer is liable for a charge of up to 50% of the total booking value (inclusive of the deposit).
10.3.4 In the event that a customer has already paid for their booking in full, an appropriate refund in line with points 10.3.1, 10.3.2 and 10.3.3 will be provided within 10 working days.
10.4 If the Customer cancels the Contract once the Supplier has begun to provide the services, it shall be liable for all costs reasonably incurred by the Supplier in providing the services up to the point the Supplier is informed of the Customer’s decision to cancel the Contract.
10.5 Where a Customer cancels the Contract under this clause 10, it shall return any hire goods which the Supplier has provided to it at its own cost, unless the collection of the goods has been previously agreed.
10.6 A Consumer can cancel the Contract within the 14-day period referred to above by a clear statement to that effect to the Supplier, which may be sent by post or by email.
10.8 The Customer will be responsible for the cost of returning the hire goods to the Supplier, and if it fails to do so, and the Supplier has to collect it from the Customer, the Supplier will deduct the direct costs of doing so from the Customer’s refund, unless a collection has been previously agreed.
10.9 The Supplier will endeavour to refund any money received from the Customer using the same method originally used by the Customer to pay for the purchase.
10.10 The Supplier may reduce any refund (excluding collection costs) to reflect any reduction in the value of the hire goods, if this has been caused by the Customer’s handling them in a way which would not be permitted. If the refund is paid before the Supplier can inspect the goods and it becomes apparent that the Customer has handled them in an unacceptable way, the Customer must pay the Supplier an appropriate amount.
10.11 Where the product is a service, the Supplier may deduct from any refund an amount for the supply of the Service for the period for which they were supplied, ending with the time when the Customer informs the Supplier it has changed its mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
11 TERMINATION BY NOTICE
11.1 If the hire period has a fixed duration, then subject to the provisions of clause 12 neither the Customer nor the Supplier shall be entitled to terminate before the expiry of that fixed period unless agreed with the other party.
11.2 If the hire period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
11.3 If no period of notice has been agreed or specified, the Customer may terminate the hire period by the physical return of the hire goods to the Supplier.
11.4 The rights set out in this clause are in addition to any rights the Customer may have under clause 10 (and any other legal rights).
12.1 If the Customer:
12.1.1 fails to make a payment to the Supplier when due without reasonable justification.
12.1.2 breaches any of the terms of the contract and, where the breach is capable of remedy, has not remedied the breach after receiving notice requiring the breach to be remedied.
12.1.3 persistently breaches the terms of the contract.
12.1.4 provides incomplete, materially inaccurate, or misleading facts and/or information in connection with the contract.
12.1.5 pledges, charges or creates any form of security over any hire goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a bankruptcy petition/petition for sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
12.1.6 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver is appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
12.1.7 appears to the Supplier (acting reasonably) to find the Customer is financially incapable of meeting its obligations under the contract.
12.1.8 appears to the Supplier (acting reasonably) to be about to suffer any of the above events; and/or
12.1.9 fails to return to the Supplier the hire goods by the due date for return, then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 12.2 below.
12.2 If any of the events set out in clause 12.1 above occurs in relation to the Customer then: -
12.2.1 the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where goods owned by the Supplier may be and repossess any of them.
12.2.2 the Supplier may withhold the performance of any services and cease any services in progress under this and/or any other contract with the Customer.
12.2.3 the Supplier may immediately cancel, terminate and/or suspend without liability to the Customer the contract and/or any other contract with the Customer; and/or
12.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.
12.3 Any repossession of the hire goods shall not affect the Supplier’s right to recover from the Customer any monies due under the contract and/or any damages in respect of any breach which occurred prior to repossession of the hire goods.
12.4 The Supplier may recover the costs, including but not limited to the costs of replacement, in respect of lost or damaged hire goods, and nothing in clauses 12.2-12.4 shall limit the Supplier’s right to recover such costs. The Supplier may recover the costs, including but not limited to the costs of replacement and recovery, in respect of hire goods which the Supplier has been unable to collect because they have not been made available for collection by the Customer in breach of this agreement, and nothing in clauses 12.2-12.4 shall limit the Supplier’s right to recover such costs.
12.5 Upon termination of the contract the Customer shall immediately:
12.5.1 return the hire goods to the Supplier or, as requested by the Supplier, make them available for collection by the Supplier (and the provisions of clauses 12.2 to 12.5 in respect of access to premises for this purpose shall apply); and
12.5.2 pay to the Supplier all arrears for rentals, charges for any Services and any other sums payable under the Contract including, but not limited to, the cost of returning the hire goods.
13 LIMITATIONS OF LIABILITY
13.1 The Supplier warrants that:
13.1.1 it will carry out the Services under the Contract with reasonable skill and care; and
13.1.2 the hire goods will conform with their description, be of satisfactory quality, and be reasonably fit for the purpose.
13.2 The warranty in clause 13.1 shall apply for the duration of the hire.
13.3 All warranties, representations, terms, conditions, and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
13.4 The Customer warrants that it has inspected the hire goods prior to the handover of the hire goods and is satisfied that they are suitable for its needs save that the Customer shall not be in breach of this clause in respect of any hire goods, where the Supplier is in breach of the warranty set out at clause 13.1 in respect of these.
13.5 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property, the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.
13.6 Any defective hire goods must be inspected by the Supplier before the Supplier will have any Liability for defective hire goods.
13.7 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the hire goods and/or the services have not been paid in full by the payment due date. The Customer’s remedy for any breach of any of the warranties or representations set out in the contract (whether made innocently or negligently) by the Supplier is limited to breach of contract.
13.8 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of any defective hire goods and/or services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
13.9 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
13.10 Where the Customer has arranged their own insurance for the hire goods, the Customer’s insurers waive all rights of subrogation they may have against the Supplier. The Customer remains liable for the hire goods notwithstanding that the Customer has insurance in place which would indemnify either the Supplier or the Customer.
13.11 The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or indirect): -
13.11.1 consequential losses.
13.11.2 loss of profits.
13.11.3 loss of income.
13.11.4 economic and/or similar losses.
13.11.5 loss of anticipated savings.
13.11.6 loss of data.
13.11.7 wasted management or office time.
13.11.8 business interruption, loss of business, contracts and/or opportunity including loss of profits and/or damage to goodwill.
13.11.9 special damages and indirect losses however so arising; and/or
13.11.10 loss resulting from any inability to carry out any operations. For example, the Supplier shall not have any Liability if the Customer cannot complete a task because the Supplier supplied the wrong hire goods.
13.12 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed the amount of the rental, in addition to charges for Services (if any) under that Contract. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.
13.13 Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of:
13.13.1 Liability for breach of contract.
13.13.2 Liability in tort/delict (including negligence); and
13.13.3 Liability for breach of statutory and/or common law duty.
13.14 The Supplier has no liability for anything of which the Supplier was not aware, or which could not have been reasonably foreseen. However, the Supplier is not liable to a Consumer in respect of any business losses.
13.15 Regardless of anything else in the Contract, nothing in the Contract restricts the Supplier’s Liability for (a) death or personal injury resulting from negligence for which it is responsible; (b) fraud; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987 (to the extent that this liability cannot be excluded); or (e) any other matter to the extent that it cannot be excluded or limited by law.
14.1 Upon termination of the Contract the provisions identified in clauses 4.2, 4.4, 4.6, 7, 8, 9.1 and 9.3 shall continue in full force and effect.
14.2 Each hire shall form a distinct Contract which shall be separate to any other Contract for other hire goods and/or services provided by the supplier.
14.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
14.4 If the Customer has any questions or complaints it may contact the Supplier by telephoning its customer service team on 0800 310 1034 or by e-mail at email@example.com.
14.5 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losse s, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
14.6 The Supplier may on occasion source hire goods from a third party. The Customer shall indemnify the Supplier against any Liability arising out of, or connected to, any claim brought by that third party, save to the extent that the Liability was a result of the Supplier’s breach of the Contract or negligence.
14.7 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
14.8 The Supplier 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. If the Supplier is affected by any such event,then time for performance of the contract shall be extended for a period equal to the period that such event or events delayed such performance.
14.9 All third-party rights are excluded, and no third parties shall have any rights to enforce the contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the hire goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this contract as if they were the Supplier.
14.10 The Provision and Use of Work Equipment Regulations 1998 requires the Supplier to provide all the necessary components for working equipment, in accordance with the manufacturer’s instructions. The Supplier does not accept Liability for accident or injury caused by the Customer’s use of incomplete equipment, or the Customer’s failure to use the equipmentin accordance with the manufacturer’s instructions.
14.11 The Supplier may transfer, assign, charge, or otherwise dispose of a contract, or any of its rights or obligations arising under it, at any time during the term of the contract, the Supplier warrants that the Customer’s rights shall not be reduced or prejudiced in any way as a result of such transfer, assignment, sub contract, or other disposition.
14.12 The Supplier may subcontract its obligations under the contract, but the Supplier shall remain liable for the performance of its obligations to the same extent as it would have been but for the subcontracting.
14.13 These terms and conditions and any confirmation constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.14 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the terms and conditions or any confirmation. Each party agrees that it shall have no claim for innocent or negligent misrepresentation, or negligent misstatement, based on any statement in this agreement.
14.15 This contract is governed by and interpreted in accordance with the law of the country where the Supplier is located, and that country will have exclusive jurisdiction in relation to this Contract.
15 ADDITIONAL CONDITIONS
15.1 The Supplier may insert and present any balance due and unpaid and the Supplier may also
process interim payments in respect of any monies due from the Customer under the contract by
credit or debit card at any stage of the contract.