TERMS & CONDITIONS
1. INTERPRETATION
In these Conditions the following words have the following meanings:
“Company” mean Little Party Hire - Les Enfants Parties Ltd;
“Conditions” means the terms and conditions set out in this document;
“Contract” means the contract for hire of the Hire Goods between the Customer and the
“Customer” means the person, firm, company or other organisation specified in the Order Confirmation;
“Deposit” means any advance payment required by the Company in relation to the Hire Goods
pursuant to clause 3.1;
“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, acts or omissions of sub-contractors,
lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions,
vehicular failure or failure of a transport network (including but not limited to traffic jams) and any
other similar events;
“Hire Good” means the goods specified in the Order Confirmation;
“Hire Period” means the period commencing when the Customer receives the Hire Goods and
ending upon the earlier of: (i) the physical return of the Hire Goods by the Customer into the Company’s
possession; or (ii) the physical repossession or collection of Hire Goods by the Company;
“Order Confirmation” means the Company’s written confirmation of the Customers order;
“Rental Charges” means the charges for the Hire Goods specified in the Order Confirmation;
“Services” means the services and/or work (if any) to be performed by the Company for the
Customer in conjunction with the hire of the Hire Goods including any delivery and/or collection
service for the Hire Goods.
2. BASIS OF CONTRACT
2.1. A Contract will come into effect between the Company and the Customer on the basis of the
Order Confirmation from the earlier of the Customer’s written or e-mail acceptance that the details
in the Order Confirmation are correct or the Company’s delivery or release of the Hire Goods to
the Customer. The Contract will be governed by these Conditions and any prior written or oral
representations of the Company or its authorised representatives to the exclusion of all other
terms and conditions (including any terms or conditions which the Customer purports to apply
under any order, confirmation of order, specification or other document).
2.2. Neither the Company nor the Customer may alter the terms of the Contract without the agreement
of the other party.
3. PAYMENT
3.1. The amount of any Deposit, Damage Waiver, Rental Charges and/or charges for any Services
shall be as set out in the Order Confirmation. Where a Deposit or Damage Waiver is required for
the Hire Goods it must be paid by valid credit or debit card in advance of the Company delivering
or releasing the Hire Goods to the Customer. Where specified in the Order Confirmation the
Company may also require an initial payment on account of the Rental Charges and/or charges
for the Services or full payment of such sums in advance of the Company delivering or releasing
the Hire Goods to the Customer.
3.2. The Customer shall pay the Rental Charges, charges for any Services, and/or any other sums
payable under the Contract to the Company at the time(s) provided in the Order Confirmation.
If payment is to be made in instalments the Company reserves the right to suspend its ongoing
performance of its obligations until any outstanding payment is received.
3.3. The Company shall within 28 days of the date of return or collection of the Hire Goods (i)
deduct from the Deposit any sums due to it as provided in these Conditions and (ii) refund any
remaining Deposit to the Customer’s credit or debit card.
3.4. The Company’s prices are, unless otherwise stated, exclusive of any applicable VAT which
shall be added to the relevant charges payable by the Customer at the prevailing rate.
3.5. Any sums due under these Conditions for which pre-payment is not repaid shall be paid within
14 days of the Customer’s receipt of an invoice for the applicable sum from the Company.
4. RESPONSIBILITY, OWNERSHIP AND INSURANCE
4.1. The Customer shall be responsible for the Hire Goods immediately from when they leave
the physical possession or control of the Company, being the time when they are loaded into the
Customer’s vehicle or unloaded from the Company’s vehicle.
4.2. Responsibility for the Hire Goods will not pass back to the Company from the Customer until
the Hire Goods are back in the physical possession of the Company, being the time when they
are unloaded from the Customer’s vehicle or loaded onto the Company’s vehicle.
4.3. Ownership of the Hire Goods remains at all times with the Company. The Customer has no
right, title or interest in the Hire Goods and must not sell or assert any right to possess the Hire
Goods other than for the purpose for which they are provided for hire by the Company. The
Customer shall not hire or release possession of the Hire Goods to any third party without the
Company’s prior written consent which shall not be unreasonably withheld. The Customer shall in
such circumstances remain responsible for the Hire Goods unless such third party enters into a
direct agreement with the Company.
4.4. Where provided in the Order Confirmation the Company may require the Customer to insure
the Hire Goods on such reasonable terms and for such reasonable risks as the Company may
specify. The proceeds of any such insurance shall be held by the Customer in trust for the Company
and be paid to the Company on demand. The Customer must not compromise any claim in
respect of the Hire Goods and/or any associated insurance without the Company’s prior written
consent.
5. DELIVERY, COLLECTION AND SERVICES
5.1. It is the responsibility of the Customer to collect the Hire Goods from the Company and return
them to the Company at the end of the Hire Period, in each case in accordance with the times
provided in the Order Confirmation. If the Company agrees to deliver or collect the Hire Goods to
and/or from the Customer it will do so at its standard delivery cost as provided in the Order Confirmation
and such delivery and/or collection will form part of the Services. If the Company specifies
an a.m. delivery or collection, this shall take place between the hours of 7 a.m. and midday. If
the Company specifies a p.m collection or delivery, this shall take place between midday and
9 p.m. The Company may charge additional sums as specified in the Order Confirmation or as
otherwise notified to the Customer if the Customer requests a collection or delivery time outside
of those specified above or at weekends or on bank holidays. Where a Customer has requested
a timed delivery there will be an allowance of 45 minutes either side of such time due to traffic or
unforeseen circumstances.
5.2. The Customer shall be solely responsible for any instructions given by the Customer to any
person performing Services while they are on the Customer’s premises and for any damage which
occurs as a result of such persons following the Customer’s instructions except to the extent that
the persons performing the Services are negligent.
5.3. The Customer will allow and/or procure sufficient access to and from the relevant site and
procure sufficient unloading space, facilities, equipment and access to power supplies and utilities
for the Company to carry out the Services. The Customer will ensure that the site where the
Services are to be performed is safe and is, where necessary, cleared and prepared before the
Services are due to commence.
5.4. The Customer must check all Hire Goods as soon as practicable after delivery and report any
damages, faults, shortages or discrepancies to the Company within 24 hours of delivery by either
telephone, fax or email. The Company shall use reasonable endeavours to promptly replace any
damaged Hire Goods or make up any shortages or discrepancies.
5.5. Where the Hire Goods are to be delivered by the Company the Customer (or an appropriate
representative) must be present when the Hire Goods are delivered by the Company and sign for
delivery of all such Hire Goods.
5.6. When the Company is delivering or collecting Hire Goods, a period of 30 minutes from arrival
at the site of the Customer shall be permitted for the delivery or collection of the Hire Goods.
In the event that such 30-minute period is exceeded as a result of the action or inaction of the
Customer, additional charges will be applied by the Company at the rate of £25.00 per additional
15-minute period. The Company may deduct any such charges incurred from any Deposit.
5.7. The Company agrees to deliver the Hire Goods to a loading bay or other ground floor entrance
unless otherwise agreed prior to the date of delivery. The Company reserves the right to
make an additional charge in respect of delivery other than to a ground floor entrance.
5.8. The Customer must inform the Company on request whether any restrictions or special
requirements as regards vehicle access for the purpose of delivery or collection apply. In the
event that the Customer requests the Company to deliver or collect Hire Goods from an area
which is not a designated loading/unloading area the Customer shall be responsible for and shall
reimburse the Company in respect of any parking fines or charges incurred by the Company. The
Company may deduct any such charges incurred from any Deposit.
5.9. The Customer agrees to repack all Hire Goods into their appropriate containers and in
circumstances where the Company agrees to collect the Hire Goods to make such Hire Goods
available for collection at the same location to which they were originally delivered. The Company
reserves the right to make an additional charge in respect of collection from a location other than
the location to which the Hire Goods were originally delivered.
5.10. In circumstances where the Company agrees to collect the Hire Goods, the representative
of the Company will ask the Customer to sign a collection note. For the avoidance of doubt, the
Customer’s signature of a collection note is an acknowledgement that the Company has been to
collect Hire Goods, not that all Hire Goods have been collected by the Company.
5.11. The Company reserves the right to supply substitute items of equivalent quality to the Hire
Goods if any of the Hire Goods are unavailable for reasons beyond the Company’s reasonable
control. In such circumstances the Company shall notify the Customer as soon as reasonably
practicable to discuss alternative options.
5.12. Additional charges will be applied if the collection is made after 6 pm.
6. CARE OF HIRE GOODS
The Customer shall:
6.1.1. 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 and in a safe and correct manner in accordance with any operating and/or
safety instructions ¬– which may be provided or supplied by the customer;
6.1.2. notify the Company as soon as practicable after any break-down, loss and/or damage to
the hire of the goods;
6.1.3. take adequate and proper measures to protect the Hire Goods from theft, damage and/or
other risks, and store the Hire Goods in accordance with any instructions provided to it or where
none as appropriate according to the nature of the Hire Goods;
6.1.4. notify the Company of any change of its address and upon the Company’s request provide
details of the location of the Hire Goods;
6.1.5. permit the Company at all reasonable times to inspect the Hire Goods, including procuring
reasonable access to any property where the hire goods are situated;
6.1.6. keep the Hire Goods at all times in its possession and control and not remove the Hire
Goods from the United Kingdom without the written consent of the company;
6.1.7. be responsible for the conduct and cost of any testing, examinations and/or checks in
relation to the Hire Goods required by any legislation, best practice and/or operating instructions
except to the extent that the Company has agreed to provide them as part of any Services;
6.1.8. not do or omit to do any thing which will or may be deemed to invalidate any policy of
insurance related to the Hire Goods which is notified to the Customer;
6.1.9. not continue to use Hire Goods where they have been damaged and notify the Company
immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods,
other property and/or injury to any persons; and
6.1.10. where the Hire Goods require fuel, oil and/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.
6.2. The Hire Goods must be returned by the Customer or made available for collection by the
Company in good working order and condition (fair wear and tear excepted) and in a clean condition
together with all insurance policies, licences, registration and other documents relating to
the Hire Goods in the Customer’s possession.
7. BREAKDOWN
7.1. Allowance will be made in relation to the Rental Charges 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 on condition that the Customer informs the Company as soon as practicable of the
breakdown.
7.2. The Company 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 or the negligence of the Company. The Customer will be
responsible for the cost of all repairs necessary to Hire Goods 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
Company.
7.3. The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so
in writing by the Company.
8. LOSS OR DAMAGE TO THE HIRE GOODS
8.1. If the Hire Goods are returned in a damaged, unclean and/or defective state, except where
due to fair wear and tear, an inherent fault in the Hire Goods and/or the negligence of the Company,
the Customer shall be liable to pay the Company 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 Rental Charges (at the
rates provided in clause 3.1, calculated pro rata as necessary), until such repairs and/or cleaning
have been completed. The Company shall use reasonable endeavours to complete such repairs
and/or cleaning as soon as practicable.
8.2. The Customer shall pay the Rental Charges for the Hire Goods up to and including the date
it notifies the Company that some or all of the Hire Goods have been lost, stolen and/or damaged
beyond economic repair. From that date until the Company has replaced such Hire Goods the
Customer shall pay, as a genuine pre-estimate of lost rental, a sum as liquidated damages being
equal to two thirds of the Rental Charges that would have applied for such Hire Goods for that
period. The Company shall use its reasonable commercial endeavours to purchase replacements
for such Hire Goods as quickly as possible.
8.3. If the Customer does not return any or all of the Hire Goods to the Company, the Company
shall notify the Customer of the non returned items prior to invoicing the Customer an amount.
equal to the full replacement cost of such item, which sum shall be paid by the Customer in accordance
with clause 3.5. Sums due under this clause 8.3 are in addition to any sums due under
clause 8.2. If non-returned items are subsequently found by the Customer prior to the Company
having replaced and the Customer having paid for such items, it is the Customers’ responsibility
to return the items to the Company. Where it is necessary for the Company to collect these late
returns the Customer will be charged an additional collection fee.
8.4. The Company shall not accept any substitutes for lost or damaged Hire Goods supplied by
the Customer unless agreed in writing by the Company.
8.5. The Customer shall return all crates, boxes, hampers, pallets and cages supplied by the
Company. Failure to return such items to the Company will result in a charge for their full replacement
value being made against the Customer, which sum may be deducted from any Deposit.
8.6. In the event that the Hire Goods consist of linen items the Customer will ensure that such
linen items are returned sealed in the correct hampers. Any damage caused to linen items will be
charged at the full replacement cost by the Company.
8.7. If the Customer contracts to pay the Damage Waiver charge (where available as an option),
the Company will waive any further charge for rectifying accidentally damaged Equipment. Damage
Waiver does not cover cost of replacing items where accidental damage is beyond economic
repair.
9. TERMINATION BY NOTICE
9.1. If the Hire Period has a fixed duration, subject to the provisions of clauses 10 and
11 neither the Customer nor the Company shall be entitled to terminate the Contract before the
expiry of that fixed period unless agreed in writing with the other party.
9.2. If the Hire Period does not have a fixed duration either of the Customer or the Company
may terminate the Contract upon giving to the other party any agreed or specified period of
notice.
9.3. 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 Company and the Company shall
be entitled to terminate the Contract by giving not less than 14 days’ notice to the Customer.
10. DEFAULT
10.1. If the Customer:
10.1.1. falls to make any payment when due;
10.1.2. breaches the terms of the Contract and, where the breach is capable of remedy, fails to
remedy the breach within 14 days of receiving notice requiring the breach to be remedied;
10.1.3. persistently breeches the terms of the Contract;
10.1.4. provides incomplete, materially inaccurate or misleading facts and/or information in connection
with the Contract;
10.1.5. creates or purports to create any form of security over any Hire Goods, or ceases or
threatens to cease to carry on business, or proposes to compound with its creditors, applies for
an interim moratorium in respect of claims and/or proceedings, or suffers any distress, execution
or other legal process over its property, or (where an individual) has a bankruptcy petition presented
against him/her or takes or suffers any similar action in any jurisdiction;
10.1.6. being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator
or administrative receiver appointed over all or any of its assets or takes or suffers any
similar action in any jurisdiction
Then the Company may, without prejudice to any other remedies, exercise any or all of the rights
set out in clause 10.2 below.
10.2. If any of the events set out in clause 10.1 above occurs in relation to the
Customer then:
10.2.1. except where the Customer is acting as a consumer the Company may enter, without prior
notice, any premises of the Customer (or premises of third parties) where Hire Goods owned by
the Company may be and repossess any Hire Goods;
10.2.2. the Company may withhold the performance of any Services and cease any Services in
progress under this and/or any other Contract with the Customer;
10.2.3. the Company may immediately cancel, terminate and/or suspend without liability to the
Customer the Contract.
10.3. Any repossession of the Hire Goods shall not affect the Company’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.
10.4. The Customer may terminate the Contract immediately by notice in writing to the Company
if the Company is in material breach of the Contract and where remediable fails to remedy the
breach within 14 days of its receipt of notice from the Customer requiring its remedy.
10.5. Upon termination of the Contract under clause 9 or 10 the Customer shall immediately:
10.5.1. return the Hire Goods to the Company or make the Hire Goods available for collection by
the Company as requested by the Company, in each case in accordance with these Conditions;
and
10.5.2. pay to the Company all sums outstanding for Rental Charges, charges for any Services
and/or any other sums payable under the Contract.
11. CANCELLATION
If the Customer decides to cancel the Hire Period prior to delivery and the Company is unable
to hire the Hire Goods during the Hire Period to a third party the Company reserves the right to
apply the following charges (where applicable by deducting sums from the Deposit, with any
remaining Deposit being returned to the Customer within 28 days of the date of cancellation):
Notice period given Charge
48 hours prior to delivery Full Rental Charges
Up to 5 days prior to delivery 50% of Rental Charges
Up to 10 days prior to delivery 30% of Rental Charges
10 days or more prior to delivery No charge
All cancellations must be confirmed in writing to the Company by fax or email. Where the Customer
is a consumer the Company will pay an equivalent sum to the Customer if the Company
cancels the Contract. On payment by either party of any sums due under this clause 11 the
Contract shall terminate.
12. LIMITATIONS OF LIABILITY
12.1. Subject to clauses 12.2, 12.3 and 12.4, if a party breaches the Contract, it shall not be
responsible for any losses that the other party suffers as a result except those losses which are a
foreseeable consequence of that breach.
12.2 Neither party shall be responsible for loss of anticipated savings that results from its breach
of Contract.
12.3 Neither party’s liability to the other party for breach of the Contract (including where due to
negligence or for breach of section 13 of the Supply of Goods and Services Act 1982) will exceed
five times the Rental Charges and charges for Services. This clause does not limit sums that may
be payable under clause 8 of these Conditions.
12.4 This clause 12 does not limit or exclude either party’s liability for:
12.4.1. death or personal injury caused by negligence;
12.4.2. fraud or fraudulent misrepresentation;
12.4.3. (in the case of the Company) any breach of the obligations implied by the Supply of
Goods and Services Act 1982 (other than breach of section 13 provided for above in clause 12.3
for which liability is hereby excluded); or
12.4.4 any other liability that cannot be lawfully excluded or limited under applicable law.
13. EVENTS OUTSIDE A PARTY’S CONTROL
13.1 Neither party will be liable or responsible to the other party for any failure to perform, or
delay in performance of, any of its obligations under these Conditions that is caused by Force
Majeure.
13.2 A party’s obligations are suspended for the period that the Force Majeure continues. The
affected party will take reasonable steps to bring the Force Majeure to a close or to find a solution
by which its obligations under the Contract can be performed despite the Force Majeure.
14. GENERAL
14.1. Upon termination of the Contract the provisions of clauses 3.3, 3.5, 8, 10, 12 and 14 shall
continue in full force and effect.
14.2 If any court or competent authority decides that any provision(s) of these Conditions is invalid,
unlawful or unenforceable to any extent, such Condition(s) will, to that extent only, be severed
from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.3 If either party fails to insist that the other party performs any of its obligations under the Contract,
or if a party does not exercise any of its rights or remedies under the Contract, that will not
mean that the relevant party has waived such rights or remedies and will not mean that the other
party does not have to comply with those obligations. If a party waives a breach by the other party,
that will not mean that it will automatically waive any subsequent default by the other party.
14.4. The parties to the Contract do not intend that any term of the Contract will be enforceable
by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.5. All notices sent by either party to the other must be sent to the contact addresses set out
in the Order Confirmation. Notices will be deemed received and properly served 24 hours after
an e-mail is sent or three days after the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the
specified e-mail address of the addressee.
14.6. The Company will only use the personal information the Customer provides to the Company
to provide the Services and perform its obligations under the Contract.
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