Hire Agreement
Terms and Conditions
Terms and Conditions of

1. Definitions

A. “The Customer” means organisation or person hiring the goods and services from the company.
B. “The Company” means Partyfest Rentals.
C. The “Goods” are any items supplied by contract between the customer and Partyfest Rentals, regardless of ownership.
D. Additional delivery charge.
E. “The Contract” is any written or verbal agreement/document that set out these Terms and Conditions between Partyfest Rentals and the customer, this included but not limited to all hire charges, delivery charges, additional delivery charges and details of collection or delivery arrangements.

2. General

A. These terms and conditions shall apply to all Contracts for the supply of Good(s) or services by the Company to the Customer.
B. All Good(s) remain the property of the company.
C.. The Company reserves the right to substitute any item as a result of circumstances beyond its control.
D. All Good(s), once signed for become the responsibility of the Customer.
E. Good(s) shall be delivered in good working order. Unless notice is received to the contrary as soon as reasonably possible and in any event no later than 24 hours after delivery, goods shall be deemed to be in good working order. F. If any terms in these terms cannot be enforced, this will not affect the remaining terms. G. No substitute items shall be accepted by Company.

3. Delivery and Collection

A. Delivery and collection will be agreed at the time of order.
B. Where it specifies that the Customer will collect the Good(s) the Customer is responsible for loading and unloading the Good(s) and transporting the Good(s) from the premises to the site(s). Risk of damage to or loss of the Good(s) shall pass to the Customer immediately upon the Good(s) leaving the physical possession or control of Partyfest Rentals at the premises. The reverse shall apply to Partyfest Rentals when the Good(s) is returned to the premises and in the physical control or possession of Partyfest Rentals.
C. Delivery or collection is other than to the drop off point and should not take longer than 60 minutes for any reason outside Partyfest Rentals control, set up, tear down or assemble will be carried out when and where applicable.
D. A carrier is a third party that may be engaged by Partyfest Rentals to deliver and collect the Good(s).
E. Drop Off Point will be the place at the site where it is agreed that Partyfest Rentals will place the Good(s) on delivery for the avoidance of doubt unless a suitable lift is available, deliveries and collections shall only be made to the ground floor level that has reasonable access (at the driver’s discretion). The Customer must allow and procure that the Drop Off Point is free from obstruction and will ensure that there is sufficient unloading space and grant access to the Site and Drop Off Point for Partyfest Rentals, its agents, employees, sub contractors and its carriers to enter and pass any site(s) at reasonable times and notice to deliver, install, test, repair, service, replace or repossess the Good(s). F. Risk of damage to or loss of the Good(s) shall pass to the Customer immediately upon the Good(s) leaving the physical possession or control of Partyfest Rentals or its carrier. In the event that the Customer requires delivery or collection and Partyfest Rentals agrees to such delivery or collection other than to the drop off point or delivery or collection takes longer than 60 minutes Partyfest Rentals reserves the right to raise the Additional Delivery Charge for the additional costs it incurs as a result.

4. Price and Payment

A. A quote shall be submitted by the Company to the Customer either in writing or verbally. Payment shall not be deemed to be made until the company has received either cash or cleared funds in respect of the full amount outstanding.
B. Acceptance of this quote either verbally or in writing becomes subject to a cancellation fee of 25% of the total value of the Good(s) ordered if your event date is within or over 7-12 months, 50% if 2 - 6 months and 100% of the total value of the Good(s) if cancelled between 0 - 30 days prior to the delivery date. The Customer shall pay all hire charges and any other sums due to Partyfest Rentals without any set off, deduction, counterclaim and/or any other withholding monies.
C. Payment in part or in full of any quote to supply Good(s) and or services herein referred to shall be deemed as acceptance of these Terms and Conditions.
D. All prices are based on 8 - 12 hours, the period commencing from the time when either the Good(s) are loaded on to the customer’s vehicle by the customer at the premises or the time when the Good(s) is unloaded at the Site(s) from Partyfest Rentals delivery vehicle until the time when either the Goods(s) is physically returned to the premises by the Customer or is loaded back on to Partyfest Rentals delivery vehicle. Longer periods shall be extra as indicated at the time of order.
E. When placing an order a 25% non refundable deposit will be taken to reserve the Good(s) if your event is within or over 7 - 12 months, 50% if 2 - 6 months with the balance to be paid in cleared funds by 30 days before delivery at the latest, unless otherwise arranged. If the Customer fails to make any payment in full on the due date, the Company will remove any pre arranged discount to the invoice and the Customer will receive an additional invoice for the discounted value.
F. We accept payment by electronic payment directly to our bank account, unless otherwise arranged. Partyfest Rentals may retain card details of a non account holding Customer and reserves the right to deduct loss, damaged or additional charges from the card post event if the additional invoice is not settled.
G. Payment is only accepted from the person placing the order and not from a third party.

5. Responsibility and Obligation of the Customer

A. Customers shall make all reasonable efforts to ensure the Goods are not damaged or misused and protect from weather, theft, vandalism or improper use during the hire period.
B. The Customer shall not deal with the ownership of interest in the hire Good(s) including but not limited to selling, assigning, mortgaging, pledging, sharing, securing, hiring, withholding, exerting any rights to withhold, dispose of or lend.
C. The Customer, its employees, agents and sub contractors will operate the good(s) with reasonable care and skill and where applicable by someone appropriately qualifies or trained to operate the Good(s).
D. The Customer will return the Good(s) to Partyfest Rentals in the same condition and cleanliness as it was delivered; except for Good(s) agreed “deliver clean-return dirty” usually cutlery, crockery and glassware. If the Good(s) is returned with any damage or defeat unless caused by the development of an inherent fault and/or fair wear or tear or if the Good(s) is not returned in a state of cleanliness satisfactory to Partyfest Rentals, the Customer will be liable to Partyfest Rentals for the cost of repair, replacement or cleaning of the Good(s) and for the cost of the hire charges until such repairs or cleaning have been completed.
E. The Customer will pay the rental for the hire Good(s) up to and including the date it notifies the Company that the hire Good(s) have been lost, stolen and/or damaged beyond economic repair. From that date until the Company has replaced such hire Good(s) the Customer shall pay, as a genuine pre 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 Good(s) for that period. The Company shall use its reasonable commercial endeavours to purchase replacements for such hire Good(s) as quickly as possible.
F. In the event that the Customer does not return any or all of the hire Good(s) to the Company, the Company shall invoice the Customer an amount equal to the fullest replacement cost of such items. Rental will not be taken into account when calculating such amounts. If such hire Good(s) are not retuned within 14 days of the date of the invoice in respect of such lost or non-returned hire Good(s), the Company reserves the right to charge for its full replacement value. The Company reserves the right not to issue credits for hire Good(s) invoiced as lost or damaged that are returned to the Company after the 14-day period has expired.
G. The Company shall not accept any substitute for lost or damaged hire Good(s) supplied by the Customer unless agreed in writing by the Company. Any such substitute shall be retained for a period of 14 days before being disposed of by the Company.
H. The Customer shall return all crates, boxes, hampers, pallets, cages etc supplied by the Company. Failure to return such items to the Company will result in a charge for the full replacement value being made against the Customer. The Customer shall not use electrical equipments that are not earthed correctly unless the equipment is double insulated. The Customer shall comply with all regulations which apply, including the Electricity at Work Regulations 1989, while the Customer is responsible for the Good(s).
I. The Customer must ensure that the Good(s) remain safe, clean and in working order. If the Good(s) breaks down the Customers shall report this to Partyfest Rentals immediately in writing. The Customer shall not repair the Good(s) unless authorised to do so by Partyfest Rentals. The Customer will inform Partyfest Rentals immediately in writing if the equipment is involved in any accident resulting in damages to the Good(s) or to other property or injury to any person.
J. The Good(s) must not be moved from any Site(s) unless agreed with Partyfest Rentals in writing.

6. Electrical Good(s)

A. If any part of the Good(s) is electrical, it should be used with the original plugs or sockets fitted to it. If the Customer needs to fit other suitable plugs or sockets to the Good(s), this must be carried out by a competent person who must also return the Good(s) to their original condition. The Customer shall ensure it has a suitable supply of electricity for the Good(s).

7. Liability and Indemnity

A. To the fullest extent, the Company shall not be liable for any losses, damage, cost, expenses, special damages, consequential losses (including loss of profit and/or damage to goodwill), any economic and/or similar losses, business interruptions, loss of business, loss of contracts and opportunity or other claims for compensation arising out of or in connection with – i. any breach by the Customer of its obligation under these Terms; or any claim made by the a third party in connection with the Good(s) hired under Terms and subject to clause 7.D, death or personal injury arising as a result of use of our Good(s) other than instructions given by Partyfest Rentals. ii. Failure of any Good(s) hired or that Customer may incur arising out of or in connection with the hire of the Good(s) and the Customer shall ensure that the Customer’s insurers waive any and all right of subrogation against Partyfest Rentals.
B. Nothing in these terms shall have the effect of limiting or excluding the liability of Partyfest Rentals for death or personal injury arising out of its negligence or otherwise prohibited by law.
C. If Partyfest Rentals is found to be liable in respect of any loss or damage to the Customer’s property the extent of Partyfest Rentals liability will be limited to the retail cost of the damaged property. Partyfest Rentals shall have no liability for additional damages, loss, liability, claims, cost or expenses caused or contributed to by the Customer’s continued use of defective Good(s) or equipment after a defect has become apparent to the Customer.
D. Partyfest Rentals total liability to the Customer under and/or arising in relation to any Contract shall not exceed the total amount stated in the Contract and to the extent that any liability of Partyfest Rentals to the Customer would be met by any insurance of Partyfest Rentals then the liability of Partyfest Rentals shall be increased to the extent that such liability is met by Partyfest Rentals.
E. The Customer agrees to indemnify and keep indemnified the Company at all times from and against all claims by any person in relation to any injury, cost, claim or expense (including but not limited to legal and other professional fees and expenses) and damages, loss and other liabilities (of whatever nature, whether contractual, tortuous or otherwise) suffered or incurred by the Company and arising out of or in connection with the use of the Good(s) or in connection with a breach of these Terms by the Customer and resulting in any claims or complaint by any third party.
F. The customer shall insure the Good(s) and keep the Good(s) insured throughout the hire period (where specified in the Contract in the joint names of the Customer and Partyfest Rentals) for their replacement values as advised by Partyfest Rentals against all risk on a comprehensive policy without restriction or excess.
G. The Customer shall insure the Customer and Partyfest Rentals as joint assured against all liability to third persons for death, personal injury and damage to, or loss of, property arising directly or indirectly out of the use possession or operation of the Good(s) for such amount as Partyfest Rentals may stipulate from time to time or in the absence of any such stipulation for such amount as is prudent in all circumstances and in event for at least the sum of £2,000,000. H. The proceeds of such insurance is referred to in clauses 7.C and 7.D above that relate directly to the Good(s) will be held by the Customer in trust for Partyfest Rentals on demand. The Customer must not compromise any claim in respect of the Good(s) and or any associated insurance without Partyfest Rentals consent.

8. Termination /Cancellations of Hire

A. The Company reserves the right to terminate the Contract immediately and repossess the Good(s) at any time where the Customer is in breach of any of the terms of Contract or any of these Terms or the Customer becomes bankrupt or
B. the Customer acting as a Company is wound up or a receiver, administrator or liquidator is appointed over all or part of your assets or the Customer enters into any agreement with its creditor or a voluntary agreement is made which affects the Customer.
C. In the event of Termination all monies owed by the Customer to Company shall immediately become due and payable.
D. Any termination of the Contract or the Term shall without prejudice to any other rights or remedies a party may be entitled to under the Contract, or the Terms or at law and shall not affect any accrued rights or liabilities of either parties nor the coming into or continuance in force of any provision of the Contract or the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
E. Where provision of clause 8.A, is applied the Customer authorises the Company to enter any property where the Good(s) are being used in order to repossess such Good(s).
F. In the event of a Force Majeure the Customer’s obligations under the Terms shall remain unaffected.
G. The Customer may cancel a Contract on written notice subject to clause 8.E.
H. In the event that a Contract is cancelled by the Customer within or over 7 -12 months prior 25% of the total amount stated in the contract will be payable by the customer to Partyfest Rentals, 50% if within 2 - 6 months prior to the date the hire period was agreed to commence and in the event that a Contract is cancelled by the Customer between 0 – 30 days (inclusive) prior to the date the hire period has been agreed to commence 100% of the total amount stated in the Contract will be payable by the Customer to Partyfest Rentals.
I. Partyfest Rentals and the Customer agree that the amount payable in respect of cancellations referred to in clause 8. G and H are fair and reasonable in all respect and are genuine pre-contractual estimates of Partyfest Rentals losses (including loss of opportunity) arising in such circumstances.

9. Force Majeure

A. In respect of either party, any event or circumstances which is beyond the reasonable control of Partyfest Rentals including, but not limited to: act of God, industrial actions, war, terrorist act, civil commotion, weather or environmental problems, pandemic or epidemic, power failure or explosion, fault or failure of any plant or apparatus which could not have been prevented by prudent operating practice, government restraint of any kind.

10. Waiver

A. No delay or failure on the part of either party in enforcing any provision in these Terms shall be deemed to operate as a waiver or create a precedent or in any way prejudice that party’s rights under these Terms, nor shall any single or partial exercise of any right or remedy in any circumstances preclude any other or further exercise of it or the exercise of any other right of remedy. The rights and remedies provided in these Terms are cumulative and are additional to any rights or remedies provided by law.

11. Exclusion of Third Party Rights

A. Unless expressly stated in this Agreement, nothing in this Agreement shall confer any rights on any person under the (Contracts Rights of Third Parties) Act 1999.
B. We reserve the right to substitute an alternative product where necessary if the ordered Good(s) is not available on the day of delivery.
C. Items not returned on time will be subject to our standard hire rates until they are returned or a replacement is purchased by the Company on a loss/damage basis.
D. Any items available at the agreed time of collection must be either returned to our premises or if a return collection will be levied at £2.00 per mile for the journey.
E. Should any Good(s) be reported as faulty/not working on site, we will endeavor to repair/replace the item as is practically possible. If upon testing the equipment, the fault is not evident or a trip-extension lead has actuated, we reserve the right to impose a call out charge based on travelling mileage and the engineers call out and time.
Please note that this Terms and Conditions do not affect the customer’s statutory rights as a customer.