Terms & Conditions

Mirrorball Paul 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 Mirrorball Paul Ltd for business, you will be deemed to have accepted these Terms and Conditions unless otherwise agreed in writing with Mirrorball Paul Ltd.

For any queries on the Terms and Conditions please email paul@mirrorballpaul.com or call 07989522871.

Payment

Any Deposit, Rental or Fees are as quoted.  Deposits must be paid in advance and the Supplier may request an initial Rental payment in advance of hiring the Hire Goods or a percentage of the total Fees payable in advance of any Services commencing.

The Customer should provide full and accurate invoice details in advance of any contract or work commencing. The Customer shall pay the invoice(s) within 28 days of the invoice date unless otherwise specified on the invoice.

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 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.

The Supplier may require the Customer to provide details of a valid credit or debit card or to provide a cheque for the full amount due upon hire of the Hire Goods as a form of deposit, in which event the Supplier reserves the right to present these card details or cash the cheque at any time for payment of any sums due under the Contract.

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 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 and/or any associated insurance without the Supplier’s written consent.

Services

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 provisions.

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.

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 wish to take individual Storage Goods in and out of storage during the agreed storage period, the Customer is responsible sorting through, delivering and collecting the Storage Goods to and from the Supplier’s premises.

The Customer must ensure they have sufficient insurance in place to cover the Storage Goods whilst they 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 andany 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 any 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 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 and 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 of the Hire Goods remains with the Customer during their collection and return to and from the Supplier.

Breakdown

Where 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 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.

Loss or Damage to the Hire Goods

If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an 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 the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date and until the Supplier has 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.

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 party.

Default

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 the 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 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 (to do)

Definitions
1.1 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 Hire Goods by the Supplier;

“Liability”

means liability for any and all damages, claims, proceedings, 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 Mirrorball Paul Ltd and will include 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 Hire Goods, the purchase of Products or any other work agreed including any delivery and/or collection service, 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;