Mirrorballpaul Ltd Terms and Conditions for Hiring, Purchase and Services
Please read the following information carefully, as it forms the basis of our contract with you. By engaging Mirrorballpaul Ltd for business, you will be deemed to have accepted these Terms and Conditions unless otherwise agreed in writing with Mirrorballpaul Ltd.
For any queries on the Terms and Conditions please email firstname.lastname@example.org
Any Deposit, Rental or Fees are as quoted. The Supplier may request an initial 50% booking payment in advance to reserve the Hire Goods or a percentage of the total Fees payable in advance of any Services commencing. Any refundable deposits will be payable prior to job date commencing.
The Customer should provide full and accurate invoice details in advance of any contract or work commencing. Ordinarily, unless otherwise stated the Supplier will ask for 100% payment prior to release of Goods and Services.
The Supplier’s prices are, unless otherwise stated, exclusive of any VAT for which the Customer shall be additionally liable.
Payment by the Customer on time and under Contract is an essential part of the Contract. Payment shall not be deemed to be made until the Supplier has received cash or cleared funds in respect of the full amount outstanding.
If the Customer fails to make any payment in full on the due date, the Supplier may charge the Customer interest on the amount unpaid at the rate implied by law and Late Payments of Commercial Debts (Interest) Act 1988 where applicable or at the rate of 2.5% per month, whichever is the higher.
Account customers (must be pre approved by us first) will need to clear outstanding fees within 30 days of the invoice date. Outstanding payments over the 30 days will incur a daily late payment penalty of 5% of the outstanding sum, for a maximum of 31 days. After 31 days from the overdue invoice date, if it remains unpaid and outstanding beyond this time, proceedings to make a court claim against the hirer will be made.
The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counter-claim and/or any other withholding of monies.
If the Customer decides to cancel a hire and it is more than 48hrs before the job, a charge of 25% is incurred. If the customer decides to cancel within the last 24hrs prior to a job, a 50% charge is incurred.
Loss or Damage to the Hire Goods
If the Hire Goods are returned in damaged, unclean and/or defective state except where due to the fair wear and tear and/or inherent fault in the Hire Goods 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 until such repairs and/or cleaning have been completed.
The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period.
The Customer shall pay the Rental for the Hire Goods up to and including the date it notified by the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date and until the Supplier has been replaced such Hire Goods the Customer shall pay 50% of the Rental and the Supplier shall use its reasonable endeavours to purchase or otherwise provide replacements for the Hire Goods as quickly as possible at which point the full Rental charges resume.
Please be aware that the refundable deposit serves to protect the Supplier if the Customer breaks or violates the terms of the terms and conditions. It may be used to cover damage, cleaning, reparations, replacement of components or to compensate for any other unforeseen or unreasonable costs that arise as a result of the Customer’s negligence or violation of the Ts & Cs. On some occasions the Refundable Deposit may be used for loss or theft, however we advise the Hirer to take out the relevant insurance for the total value of the Hired Goods.
Examples of where deductions taken from the security deposit would be considered reasonable include:
· Additional courier charges incurred if the Customer does not keep to the agreed schedule, timeframe or in some other way breaches the agreement.
· Extra labour required to repair an item – damaged facets or broken mirrors could take several hours to restore
· New parts required to replace damaged equipment – where we can replace with existing stock we will endeavour to keep costs down
Should it be deemed necessary to make a deduction from the security deposit, the process followed will be:
1) Supplier will contact the Customer with full details of the issue(s), including photos where possible and proposed charge to the Customer
2) Charges may include additional fees to cover extra administration and time
3) The Customer has 5 working days to respond to either accept or dispute the issue(s) and / or proposed charge
4) Where the Customer accepts the charge, the deduction will be made and the remainder of the refundable deposit (if any) will be returned promptly
5) Where the Customer disputes the issue(s) and / or the proposed charge, a telephone call will take place at an agreed time to discuss the matter informally and seek an amicable solution
6) At all times, the Supplier reserves the right to determine what deduction is considered reasonable in line with these guidelines and any such decision will be final.
Please note, we do not seek to make any unreasonable deductions from the security deposit. We would love our business to run on mutual trust and respect. Unfortunately, and as a result of a small minority of customers, a security deposit and associated procedures are necessary to protect our business and property. We hope you understand and take this aspect of the agreement in the spirit in which it is intended. Our aim is for you to enjoy our products and services and we hope that, in return, you treat them with respect and care so that we can continue to work together in the future.
Risk, Ownership and Insurance
Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.
Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging for the Rental.
Ownership of the Hire Goods remains at all times and with no exception with the Supplier.
Ownership of any Products will remain with the Supplier until all monies payable to the Supplier by the Customer are received in full.
The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify.
The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods or any associated insurance without the Supplier’s written consent.
Unless it is otherwise agreed that delivery and/or collection of the Hire Goods will form part of the Services, the Customer is responsible for collecting and returning the Hire Goods to and from the Supplier at an agreed time and date.
Where the Supplier provides Services the persons performing the Services 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 and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
Where Services are required, the Customer will ensure that the relevant site is clear and prepared for the Services to be carried out including providing sufficient parking, access/egress, facilities, equipment and access to utilities for the Services to be carried out safely and without unreasonable delay. The Customer will ensure that the relevant site complies with all relevant health and safety provision.
Where transport services are required, the Supplier can designate a trusted third party courier to supply this element if they so wish. If a third party is designated for the delivery/return of good the hirer still remains responsible for the items at all times. Our third party courier will allow 15 minutes offloading and loading time. Any waiting time past this will encounter a fee. The supplier holds the right to deduct this fee from a refundable deposit if required or raise a secondary invoice.
If Services are delayed, postponed or cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier additional standard charges including the daily rate of any persons whose time has been booked by the Supplier to carry out the Services for the Customer along with any other expenses incurred such as the advance purchase of materials or equipment by the Supplier in preparation for carrying out the Services. the Supplier holds the right to deduct this fee from the refundable deposit if required or raise a secondary invoice.
Where Services include the storage of any Storage Goods, the Customer maintains full responsibility for the Storage Goods for the duration of the Storage Period, excepting that the Supplier agrees to take reasonable care of the Storage Goods.
Should the Customer which to take individual Storage Goods in and out of storage during the agreed Storage Period, the Customer is responsible for sorting through, delivering and collecting the Storage Goods to and from the Supplier’s premises.
The Customer must ensure that they have sufficient insurance in place to cover the Storage Goods whilst there are stored at the Supplier’s premises. The Supplier accepts no liability for the loss, theft or damage to the Storage Goods except as a result of the Supplier’s negligence.
Should the Customer default on payment for Storage Goods or fail to comply with the Notice of Termination, the Supplier reserves the right to remove or destroy the items stored.
Care of Hire Goods
The Customer shall use and operate the Hire Goods in the appropriate, safe and correct manner for which they are intended and shall not interfere in any way with the Hire Goods. Should the Customer be unsure of any aspect relating to the proper care, handling and operation of the Hire Goods they should contact the Supplier immediately.
The Customer shall take reasonable measures to protect the Hire Goods from theft, damage and any other risks.
Should any loss or damage occur to the Hire Goods, the Customer shall notify the Supplier immediately.
The Supplier shall have access to inspect the Hire Goods at reasonable times and upon reasonable notice to the Customer including accessing the premises where the Hire Goods are situated.
The Customer shall keep the Hire Goods at all times in its possession and control and not relocate the Hire Goods without the prior written consent of the Supplier.
The Customer shall be responsible for the conduct of any testing, examinations or checks in relation to the Hire Goods as required by any legislation or best practice except to the extent the Supplier has agreed to provide them as part of the Services.
The Customer must not do or omit to do anything which may be deemed to invalidate the policy of insurance related to the Hire Goods.
The Customer must not continue to use the Hire Goods if the Hire Goods are involved in an accident resulting in damage to the Hire Goods other property and/or injury to any person. In such event, the Customer must notify the Supplier immediately.
Where the Hire Goods require electricity, the Customer must ensure that the proper voltage is used and that, where appropriate, the Hire Goods are properly operated by a qualified and competent person.
Where the Hire Goods require hanging, rigging or installing in a manner that requires special health and safety measures, the Customer must ensure the work is carried out by sufficiently qualified and competent people as to ensure compliance with any insurance policy, legal or best practice guidelines. The Supplier accepts no responsibility for the hanging, rigging or specialist installation of the Hire Goods unless this is included in the Services or specifically agreed in writing.
Hire Goods must be returned to the Customer in good working order and condition and in a clean condition together with all accessories, boxes for transport and any other documents relating to the Hire Goods.
When returning the Hire Goods either directly or via a third party (e.g. post, courier) the Customer must ensure that the Hire Goods are sufficiently packaged, that they are covered by sufficient insurance and that they are returned to the Supplier in a proper fashion.
Responsibility for the Hire Goods remains with the Customer during their collection and return to and from the Supplier.
Whilst mirrorballpaul endeavours to produce high quality items which are robust and have longevity we are unable to accept any responsibility for decrease in quality after purchase.
With reference to payment for bespoke projects, it is our company policy to receive 100% payment prior to works commencing.
Faults – purchased goods
If you believe that there is a fault with any item purchased from the Supplier, you should report this immediately.
If this is within one month of the purchase date, and after a phone call to diagnose the issue, the Supplier may arrange to for a technician to visit the site to make a thorough assessment and/or repair or may request that the item is returned for closer inspection and / or repair.
When an inherent fault and/or wear and tear causes the breakdown of the Hire Goods the Customer must notify the Supplier immediately.
Where a breakdown occurs, the Supplier may repair or replace the Hire Goods within a reasonable time-frame with no interruption to the Rental Agreement. Where this is not possible or where the Customer suffers unreasonable non-use of the Hire Goods, an allowance may be reached on the Rental agreement.
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 of the Hire Goods.
The Customer will be responsible for the cost of all repairs necessary to the 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 Supplier while carrying out routine maintenance and/or repairs.
The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
Termination by Notice
Where the Hire Period or Storage Period has a fixed duration neither the Customer or Supplier shall be entitled to terminate the Contract unless agreement is reached by both parties in writing to vary the terms of the Hire Period or Storage Period duration.
Unless otherwise specified, the notice required to terminate a Hire Period or Storage Period shall be 14 days by either part.
If the Customer fails to make any payment to the Supplier when due without just cause; breaches the terms of the Contract; or gives the Supplier any other reason to reasonably indicate that they are unable to meet their financial commitments laid out in the Contract, the Supplier may repossess the Hire Goods and/or Products owned by the Supplier or the Supplier may withhold the performance of any Services in progress or otherwise agreed in this or any other Contract with the Customer or the Supplier may remove or destroy any Storage Goods and Customer shall be responsible for any costs incurred in doing so.
Upon termination of the Contract the Customer shall immediately return the Hire Goods to the Supplier or make available the Hire Goods available for collection by the Supplier as requested by the Supplier or remove the Storage Goods and pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.
Limitations Of Liability
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.
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.
Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.
1The 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 due date for payment.
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 defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
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.
The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
The Supplier shall have no Liability to the Customer for any consequential losses (including loss of profits and/or damage to goodwill); economic and/or other similar losses; special damages and indirect losses; and/or business interruption, loss of business, contracts and/or opportunity.
The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000. 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.
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 liability for breach of contract; liability in tort/delict (including negligence); and liability for breach of statutory and/or common law duty.
Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products; and/or the provision of Services. This is usually and preferably in the form of an email;
“Customer” means the person, firm, company or other organisation with whom the Contract is made;
“Deposit” means any advance payment required by the Supplier which is to be held as security by the Supplier;
“Fees” means any payment quoted by the Supplier for the purchase of Products or the provision of Services;
“Hire Goods” means any mirrorball, motor, lighting and/or sound equipment, machine, article, tool and/or device together with any accessories specified in a Contract which are hired to the Customer;
“Hire Period” means the period from when the Customer holds the Hire Goods on hire and until the return of the Hire Goods by the Customer into the Supplier;s possession or the repossession or collection of the Hire Goods by the Supplier;
“Hirer” means the person responsible for the hire;
“Liability” means liability for any and all damages, claims, proceeding, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier;
“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 Mirrorballpaul Ltd and will include it 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 Hire Goods, the purchase of Products or any other work agreed including any delivery and/or collection service,s the construction or installation of any Hire Goods, Products or other items or storage of Storage Goods by the Supplier for the Customer;
“Storage Goods” means any material(s), item(s), product(s) or equipment stored by the supplier for the Customer at the Supplier’s premises;
“Storage Period” means the period from when the Supplier holds the Storage Goods for the Customer and until the repossession of the Storage Goods by the Customer.