1. DEFINITIONS. In this contract Tableau Display Limited (TD) means the firm supplying the goods on hire. You, your and yourself means the person, firm or undertaking taking the goods on hire. The goods mean all items let on hire by TD to you and shall include any spares & accessories. The hire period commences when the goods are delivered to the site specified by you or are collected by you from TD and ends when they are collected by or returned to TD. These terms shall include the agents, employees, assigns and successors of the parties. The masculine includes the feminine and the singular includes the plural and vice-versa where the context so permits, the headings in these conditions are for convenience only and shall not affect its interpretation.
2. APPLICATION. These terms and conditions apply to all goods let on hire unless varied in writing by one of TD’s directors. TD’s acknowledgement of an order sets out the hire rates and other details specific to each contract and forms part of these terms and conditions unless and until it is superseded by TD’s invoice.
3. TITLE & OWNERSHIP. All goods remain TD’s property at all times. In the event of TD agreeing to sell any or all of the goods to you, they remain TD’s property until TD have received full payment for the goods sold and hire charges to the date of receipt of such payment. The goods remain at your risk at all times as per clause 4.3(a) below.
4. YOUR RESPONSIBILITIES. Warning: Failure to comply with clauses 4.1 & 4.2 below may result in delay, postponement or cancellation of a delivery. You will be liable for the cost of any wasted journey and for any extra staff required. 4.1. Prior to the commencement of the hire period and unless you are collecting the goods from TD, you will furnish TD with such information as TD may reasonably require including all restrictions, stairs, lifts and any other factors that may hinder or prevent the safe and easy delivery and set up of the goods. 4.2. At the commencement of the hire period and unless you are collecting the goods from TD, you will (a) Ensure that we have free and unencumbered access to the position where the goods are to be delivered. (b) Ensure that any position, including exhibition stands to which TD are to deliver the goods are complete, clear, safe and in all respects ready to receive the goods. (c) Ensure that a suitable source of electrical power is available that meets statutory regulations and enables TD to meet statutory regulations and any other regulations imposed by the venue owners or operators. Except that this clause shall not apply if you have specifically advised TD that no lighting or other electrical equipment is required with the goods. (d) You will have a duly authorised representative on site to receive and give a written receipt for the goods when they are delivered. If you fail to do this you will not be permitted to subsequently dispute the delivery of the goods in good order and in accordance with the order acknowledgement and you will be deemed to have accepted these terms and conditions. 4.3. During the hire period (a) You are responsible for the safe keeping of the goods and subject only to clause 12, you should insure them for their full replacement price as stated in TD’s sales price list. If required by TD you will furnish proof of such insurance. (b) You will not sell or otherwise part with possession of the goods nor let or pledge them nor let them suffer any distress. (c) You will, at all times, keep yourself informed of the state and safe working of the goods and you will not allow them to be used in a damaged or unsafe condition. At the earliest opportunity you will advise TD of any loss, damage, unsafe or unsatisfactory working of the goods. (d) You will not damage or remove any engraving or label that TD has attached to the goods. (e) You will not move the goods or allow them to be moved from the position to which TD delivered and set them up, or in the case of goods collected by you from TD, from the agreed site at which the goods are to be used, without TD’s prior agreement in writing. TD will not unreasonably withhold such agreement but for health & safety reasons certain goods may only be moved by persons who have received appropriate training and are equipped with suitable handling aids. (f) You will not use the goods for the storage of any food stuffs designed for human consumption, dangerous materials or substances nor any item for which the possession, storage or display is illegal. (g) You will only store or display in or on the goods items for which the goods are reasonably designed and you are responsible for the safety of such items. (h) You will allow TD access to the goods for inspection, maintenance, testing and repair at any time reasonably requested by TD. 4.4. At the end of the hire period, it is your responsibility to: (a) Remove all items belonging to you from the goods and TD will not be liable for any loss or damage to any item not so removed. (b) Return the goods to TD’s premises or make them freely available for collection by TD. 4.5. At all times, you shall indemnify TD against any loss, liability, claim, legal proceedings or damage arising out of any breach of any term or condition of this contract by you.
5. LIMITATION OF YOUR LIABILITY. Provided that you have complied with clauses 4.3(a) – (h) you will not be responsible for any diminution in the value of the goods or for the cost of any repair if such diminution or repair results solely from (a) fair wear and tear. (b) any fault in the goods predating the commencement of the hire period. (c) TD’s negligence.
6. TD’s RESPONSIBILITIES. So far as it is reasonably possible TD shall (a) Supply the goods at the time and place as specified on the order acknowledgement. (b) Supply the goods in good working order. (c) At TD’s expense maintain the goods in good working order throughout the hire period provided that that this responsibility is limited to making good any fault or faults resulting solely from the causes specified in clauses 5 (a), (b) & (c) above.
7. LIMITATION OF TD’s LIABILITY. Subject to clause 8 below TD will not be liable for (a) Any failure to perform all or any aspect of a contract to which these terms and conditions apply where such failure is due to circumstances beyond TD’s control. (b) Any loss or damage to any item or items stored or displayed in or near the goods. (c) Any damage or injury caused to you or to any third party or their possessions resulting in whole or in part to the supply, delivery, setting up, use, misuse, moving, testing, repair, inspection or removal of the goods.
8. YOUR RIGHTS. Nothing in these terms and conditions shall: 8.1. In any way modify or diminish any of your statutory rights. 8.2. Exclude TD’s liability for any loss, damage or injury resulting solely from TD’s negligence, provided that (a) In the case of loss or damage, TD’s liability be limited to the cost or diminution in the value of the goods and shall exclude any consequential loss or direct or indirect loss of profits. (b) You will immediately notify TD of any claim under this clause and shall in all cases provide written notification within 14 days of you becoming aware of any such event or claim. (c) You will not admit any fault on behalf of yourself or TD.
9. HIRE RATES CHARGING AND PAYMENT. 9.1. The rates and charges are as specified on the hire acknowledgement. Unless otherwise specified and subject to clauses 4.1 and 4.2 above they include the delivery, setting up, cleaning and collection of the goods. 9.2. The charges specified are for the duration of the hire except that any hire initially for or extended beyond 14 days will incur additional charges on a daily basis. 9.3. Hire charges will continue until the end of the hire period. 9.4. TD reserve the right to make additional charges for small orders, remote locations and for any additional costs or losses resulting from your failure to comply with these terms and conditions whether or not such additional charges are shown on TD’s order acknowledgement or not. 9.5. In addition you will pay TD the replacement cost of any goods not returned or damaged beyond repair and TD’s reasonable charges for repairing any damage (other than fair wear and tear). 9.6. You will pay TD all monies due in accordance with TD’s acknowledgement of order and invoices. Any additional charges not specified on TD’s acknowledgement or initial invoice are payable on demand.
10. ORDER CANCELLATION. 10.1. Cancellation by you. In such event and at TD’s sole discretion TD may charge a cancellation fee as follows: (a) Cancellation after the goods have left TD’s premises shall incur the full hire charge. Remember that organisers often required TD to deliver to events several days prior to the opening date. (b) Cancellation less than two weeks prior to the anticipated delivery date, a charge not exceeding 20% of the hire charge shown on the acknowledgement of order or on our current rates list if no such acknowledgement has been issued. 10.2. Cancellation by TD. TD reserves the right to cancel or suspend any contract or service, in whole or in part where you are in breach of the terms and conditions of this or any other contract with TD. Such breach shall include, without prejudice to the generality of this clause, the failure by you to pay to TD any sum of money due to TD by its due date.
11. LATE PAYMENT. In addition to and without prejudice to any other remedy available under this contract, you will pay TD interest on any overdue sum due to TD calculated on a daily basis at 3.5% per annum above the current Royal Bank of Scotland base lending rate, from the time that such sum becomes due until payment is received by TD . Such interest will be charged on a cumulative basis with quarterly breaks.
12. DAMAGE WAIVER. In consideration of you paying TD an agreed fee TD may agree to release you from or modify certain of your responsibilities and or liabilities described above. In these cases the following terms shall apply in place of the terms stated below: 12.1. A damage waiver is only operable if: (a) It is agreed at the time you place the order. (b) It is recorded on the order acknowledgement and invoice and (c) You have paid the hire charges including the fee before you collect or TD delivers the goods. 12.2. In such case where a damage waiver is agreed the following terms shall apply in place of the terms stated above: Clause 4.3(a) is replaced by the following: You are responsible for the safe keeping of the goods. 12.3. Your liability under clause 9.5 shall be limited as follows: (a) In the case of charges for the repair of the goods £15 per item. (b) In the case of damage beyond reasonable repair or the loss of any item 10% of the replacement cost but subject to the following clauses. 12.4. You will remain liable for the full replacement cost of any lost item (a) unless you report such loss to the police at the earliest opportunity and obtain a crime number. (b) You provide every reasonable assistance to TD, the police and any insurance company investigating the loss. 12.5. When the circumstances of the loss of any of the goods are not fully known, then the goods will be regarded as lost if 7 days after the anticipated end of the hire period their location is unknown to either you or TD. 12.6. Goods treated as lost under clauses 12.2(b) and 12.5 above remain the property of TD and should you at any time discover any evidence relating to their location or possession you shall immediately advise TD.
13. RIGHTS OF THIRD PARTIES A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
14 . ENTIRE AGREEMENT. This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
15. LAW AND JURISDICTION. This Contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.