(The Owner and Hirer are collectively the “Parties”)
When placing an order to hire lights or other equipment from us, you agree to the following terms and conditions. If you do not agree, do not continue with your order – please contact us if you require any further information.
Definitions
The following definitions are used but not otherwise defined in this agreement:
“Equipment” means the hire lights and storage container.
“Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment
Lease
The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
Term
The Agreement commences on the date you receive the equipment and will continue for 7 days after that (the “Term”). We will do our best to deliver the equipment on the day specified by you, assuming this is not a weekend day or public holiday, in which case the equipment will be delivered on the next working day. The Owner will, however, not be held responsible for late delivery due to circumstances beyond their control.
Rent and Deposit
The Rent for the Equipment, inclusive of VAT, will be as stated in your order confirmation which will be emailed to you once you complete your order (the “Rent”).
In addition, the Hirer agrees to pay a deposit amount as stated at checkout (the “Deposit”) before taking possession of the Equipment. The deposit will be refunded in full once the equipment has been returned on time and in good condition. The Owner will retain up to this amount if the Hirer fails to perform their obligations under the Agreement
The Rent and Deposit must be paid in full prior to the Hirer taking possession of the Equipment.
Delivery of Equipment
The Owner will deliver the Equipment to the Hirer.
Use of Equipment
The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law respecting the use of the Equipment, included but not limited to environmental and copyright law.
The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
Unless the Hirer obtains prior written consent of the Owner, the Hirer will not alter, modify, or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
Warranties
The Equipment will be in good working order and good condition upon delivery.
The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
Loss and Damage
To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.
In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner the current retail value of the Equipment less the Rent and Deposit already paid, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
The Equipment is the property of the Owner and will remain the property of the Owner.
The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
Return Of Goods
The Hirer will return the Equipment to the Owner within 3 days of the end of the Term or upon earlier termination of this Agreement, by delivery of the Equipment to Unit 4, Ruthvenfield Avenue, Inveralmond Industrial Estate, Perth, PH1 3WB.
If the Hirer fails to return the Equipment to the Owner within 3 days of the end of the Term, the Owner may, at their discretion, withhold all or part of the Deposit.
If the Hirer fails to return the Equipment to the Owner within 10 days of the end of the Term or any earlier termination of this Agreement, the Hirer will pay to the Owner the current retail value of the Equipment less the Rent and Deposit already paid, at which point ownership of the Equipment passes to the Hirer.
Insurance
No insurance coverage for the Equipment is required under this Agreement.
Indemnity
The hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees and costs, arising out of or related to the Hirer’s use of the Equipment.
Default
The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
Remedies
On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
Apply the Deposit toward any amount owning to the Owner.
Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking possession.
Terminate this Agreement immediately upon written notice to the Hirer.
Pursue any other remedy available in law or Equity.
The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
Assignment
The Hirer will not assign this Agreement, the Hirer’s interest in this Agreement or the Hirer’s interest in the Equipment without the prior written consent of the Owner.
If the Hirer assigns this Agreement, the Hirer’s interest in this Agreement of the Hirer’s interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
The Owner will not assign this agreement, the Owner’s interest in this Agreement or the Owner’s interest in the Equipment without the prior written consent of the Hirer. The Owner will not assign or transfer the Owner’s right to collect Rent or any other financial obligation of the Hirer.
If the Owner assigns this Agreement, the Owner’s interest in this Agreement or the Owner’s interest in the Equipment without the prior written consent of the Hirer, the Hirer will be entitled to terminate this Agreement without penalty.
Entire Agreement
This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind of preceding the date of this agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Address for Notice
Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Owner: The Corporate Christmas Tree Company Ltd, Unit 4, Ruthvenfield Avenue, Inveralmond Industrial Estate, Perth, PH1 3WB
Hirer: The address of the Hirer as specified in the order confirmation email.
Governing Law
This agreement will be construed in accordance with and governed by the laws of Scotland and Parties submit to the exclusive jurisdiction of the Scottish courts.
Severability
This there is a conflict between any provision of this Agreement and the applicable legislation of Scotland (the “Act”), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all the other provisions will nevertheless continue to be valid and enforceable as though the invalid or enforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.
General Terms
Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.