AxonEventSolutions

::terms

We are Axon Event Solutions Limited registered in England and Wales, whose company number is 6680172, a private Limited Company based in the UK trading from Mynheer Farm, Higher Ninnis, Redruth Cornwall TR16 5HD

1. Definitions
“Contract” – the document or documents to which these terms and conditions are attached, these terms and conditions themselves and all other details about your agreement with us and to which we have agreed in writing signed by a Director of Axon Event Solutions Ltd.
“We”, “Us”, “The Company” – Axon Event Solutions Ltd.
“You”, “Hirer” – the person, firm, company or other organisation hiring equipment from us.
“The site” – the location where equipment is to be erected and or supplied as specified in the contract.
“Equipment” – the items listed in the contract and any other items used to facilitate the equipment on site.
These conditions override any terms and conditions you may have put forward, unless we have agreed to any other conditions in writing and this agreement has been signed by a Director of Axon Event Solutions Ltd.
 

2. Our Charges
The company's quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which goods are to be delivered is;
• Flat level firm ground with easy access for heavy motor transport and
• Has no drain pipes, cables or other services buried beneath the surface or otherwise concealed.
Should the site not comply with these requirements, the company may in its discretion either rescind the contract by giving verbal or written notice to the hirer or make additional hire charges. The company shall not be liable to the hirer for any loss damage or expense resulting from such rescission of the contract.
a. Charges for Hiring: You must pay the hire charges shown in the contract at the time when they fall due as listed on the contract schedule.
b. Interest and Other Charges: If you do not pay the amount when it is due, we will add interest to the amount that is overdue. We will add interest each day at a rate equal to 4% above Lloyds TSB Bank Plc’s base rate at the time. Charging interest will not affect any other rights we may have. Interest can be charged before or after we have obtained any court judgement against you. You must also pay any of our reasonable expenses in recovering money or goods from you.
 

3. When The Contract Starts
The contract comes into effect when you have placed an order, by which you agree to keep these conditions and we have accepted your order, complete with non refundable deposit of 25% and a Booking form (signed quotation). Employees and or agents of Axon Event Solutions Ltd do not have authority to make representations regarding equipment, the site or any other matter, only Directors of the Company may do this. The customer may not rely on any representations which we have not confirmed in writing and signed by a Director of the Company. Settlement is due 14 days prior to the start of your event.
 

4. Delivery, Erection and Removal of Equipment
a. We will deliver and erect the equipment shown in the contract so that it is ready for use by the date and time shown in the contract.
b. We will not be liable for any compensation if any minor items or terms are outstanding, but in return we agree to rectify such items or terms a soon as we reasonably can.
c. Before we deliver the equipment, you will ensure that we have unrestricted access to the site on dates which we will notify to you, which will be before the date shown in the contract for the actual start of the hire. If you fail to secure us unrestricted access, an additional charge may be raised to cover any additional costs that occur as a result of this. We will make every effort to accommodate change of dates made by you, but this is subject to our other work schedules and may incur extra costs should you wish to change dates.
d. You will ensure that the site is served by a firm access road with adequate hard standing and the site itself is firm, level, free from flooding, trees and overhead obstructions and without buried pipes, or concealed services which might suffer damage as a result of our erecting the equipment. If you cannot meet any of these conditions you will let us know in writing as soon as possible before we deliver the equipment, and if these matters have not previously been mentioned during the contract negotiations, we reserve the right to make further charges to cover any additional costs that we incur in dealing with any problems with the site, access to it, obstructions etc.
e. You or your duly authorised representative will be present at the site on the date notified to you to instruct us exactly where the equipment is to be erected, and will ensure that you have authority from the site owner or organiser to do this. Any delay in time by you may result in extra charges if we are kept waiting unduly. If we have to site our equipment in a different place to that agreed, or if we have to move any of our equipment after it has been erected, then you will be responsible for any reasonable charges that we make.
f. We will do our best to deliver and erect the exact equipment as specified in the contract. If we are unable to do this for any reason, we may substitute equipment to achieve the same result. We will not however insist on you accepting substitute equipment which is substantially or materially different from that which is specified in the contract.
g. We will dismantle and remove from site our equipment as soon as possible after the hire period defined in the contract is terminated. We will do our best to remove our equipment as quickly as possible, and you will ensure that we have free and unhindered access for this purpose. Extra charges may be raised if you fail to allow us free and unhindered access. We will only remove our equipment during reasonable hours and any work outside these hours will be with your consent. You should note that the installation and erection of the equipment often involves the use of heavy plant or machinery and the use of stakes or similar ground fixing devices. We will exercise every reasonable care, but will not be responsible for any element of making good of the site after removal of our equipment. We can provide aluminium or similar type track way if booked in advance and at additional cost to be agreed.
 

5. Your Responsibility When Hiring Equipment
a. You must take note of and implement any instructions that we give you relating to the safe use of our equipment. You will be liable for any loss or damage which results from your failure to follow our recommendations.
b. You are responsible for the general security of the site throughout the whole of the period when our equipment is present. You are responsible for the safety and security of the equipment from the commencement of installation to the completion of dismantling and subsequent removal from the site. You will make good any loss or damage to the equipment which may occur during this period.
c. You will notify us as soon as possible of any defect or deterioration in the equipment. In return we will take all reasonable steps to remedy this as quickly as we can. We may make a charge for any site visit unless the need for a visit was as a result of any inherent defect in our equipment or workmanship.
d. You will in particular ensure that the interior of any structure is adequately heated when necessary so as to protect from frost, ice or snow damage, and you will not allow the collection or build up of snow or rain on the equipment.
e. In windy conditions you will take all reasonable steps to make sure that all openings are firmly closed when not in use, and are opened only for the purposes of entering or leaving the structure.
f. You will take all reasonable steps to make sure that the equipment is not at any time altered or interfered with, and you will make sure in particular that no unauthorised entries are made in any tented enclosure, and that no walls, poles, ropes, anchors, wires or other parts or any structure are moved, removed, altered or modified or in any way tampered with or misused.
g. The Hirer should not enter the structure while the Company is erecting.
h. The Hirer should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.
i. The Hirer should not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.
j. The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the Company.
k. The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Hirer. Where appropriate obtain a licence from the Local Authority. Any requirements under the licence must be notified to us in writing, at least 30 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.
l. The hirer should not at any time during the hire period connect to any of the electrical/gas provisions left on site by Axon Event Solutions Ltd.
m. The hirer will be responsible for any additional costs incurred to the company as a result of any booked equipment not being able to be set-up due to incorrect measurements, varying height levels or undisclosed site complications of which the company were not informed.
n. The hirer will be responsible for any costs incurred by the company due to changes being requested once the marquees build has begun.
o. The hirer should never presume that any other equipment is included in the hire other than what is stated in the Company's booking forms.
p. If we incur any cost, or if our equipment is damaged, through your failure to follow any of these conditions you will be responsible to compensate us fully for that loss.
 

6. Electrical Goods
a. Where appropriate you will ensure that there is a suitable electrical supply to the structure adequate for the equipment. If a supply is not available, you will notify us before we deliver the equipment to site. We can then arrange for a portable supply at your expense to be agreed.
b. Electrical equipment must be used with the original plugs or sockets fitted. If you need to fit other suitable plugs or sockets, any work must be carried out with our approval and by a competent and qualified person, who must also return the equipment to its original condition.
c. You are responsible to ensure that you have a suitable and adequate electricity supply for the equipment.
d. The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the Company.
e. You must never use electrical goods that are not earthed properly, and you must observe any regulations applying to the use of goods including the Electricity at Work Regulations 1989, while you are responsible for the goods.
 

7. Health & Safety
We aim to provide a safe and hazard free work environment for all our employees engaged in erecting, maintaining and supervising our equipment when on site. To ensure that all site operations are conduced in accordance with safe working practices and comply with relevant health and safety regulations, we require you to supply us with a copy of your health and safety policy (where available) before the equipment is delivered to site, together with details of any specific site condition and/or restriction which requires safety consideration.
 

8. Limits of Our Liability
a. We will not be liable for any delay in erecting or dismantling equipment which is caused or exacerbated, whether directly or indirectly by any strike, lockout, labour disturbance, Government action, civil commotion, unrest, riot, armed conflict, fire, flood drought, failure of power supply, unavailability or breakdown of normal means of transport, adverse weather, act of God or any other matter beyond our reasonable control including tempest restrictions on the use of equipment normally used by us to for fill our contract with you.
b. We will not be liable for any loss or damage to the site, its contents or our equipment, where this is caused by factors out of our reasonable control. This would include, but is not limited to, negligent or malicious acts of third parties or of the hirer, inclement weather conditions etc.
c. The maximum amount for which we will be liable in any circumstances is the total hire charge payable under the contract. This limit does not apply in respect of any claim for death or personal injury which results from negligence on our part.
 

9. Insurance of Equipment
a. The client shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.
b. The client must provide to the company proof of having arranged insurance in their name for their hired equipment at least seven days prior to the delivery date of the equipment.
c. Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation then the above clauses 9a and 9b will not apply. Please note that the client will remain responsible for and will indemnify the company against any loss of or damage to all Hired equipment resulting from their negligence or legal liability.
d. We ask you to specifically note most insurance does not cover any consequential loss for which, if required, you must insure separately.
e. Insurance excess - The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.
f. Cover only applies to equipment that is delivered by the Company and does not include any equipment provided by a sub-contractor, unless invoiced by the company.
 

10. Cancellation Policy
a. We may end this contract if:
i. You break its terms; or
ii. You become bankrupt; or
iii. As a Company you start to be wound up, or a Receiver or Administrator is appointed over all or part of your assets; or
iv. You enter into any agreement with your creditors or a voluntary agreement is made which affects you; or
v. You enter into a voluntary agreement.
If we end the contract in these circumstances, it will end immediately and we may repossess any or all of our equipment. If we end the contract it will affect our right to recover any money you owe us under this contract or damages we claim as a result of your breaking this contract.
b. You may end this contract by giving clear notice in writing, but if you do, you will be liable to pay us a percentage of the hire charges (shown below) depending on the length of time left between our receiving your written notice and the date shown in the contract by which the equipment was to be erected and ready for use. The amount payable by you will be on the following scale:
i. – more than 30 days notice – 25%
ii. – less than 30 days notice, but more than 15 days notice – 50%
iii. – less than 15 days notice – 100%
 

11. Ownership of Equipment
a. The equipment remains the sole property at all times of Axon Event Solutions Ltd. You are prohibited from parting possession with, from selling or hiring out the equipment at all times.
b. We retain the absolute right to repossess any equipment if you have any outstanding monies owing to us at any time the equipment is in your possession.
c. This right to repossess as stated at 11b shall not preclude any other remedy that we may have, whether under the contract or otherwise.
 

12. Our Rights of Access
We may enter any land or premises where we reasonably believe the equipment is, at reasonable times and after giving reasonable notice (except in cases of emergency) and you irrevocable authorise us to do so to enable us to inspect, test, repair, service, maintain, replace or repossess the equipment.
 

13. Errors & Omissions
We maintain the absolute right to correct, without liability, any errors and/or omissions on any sales literature, website, price list, notices or any other documents, or in any other information issued by us.
 

14. Jurisdiction
This context and claim arising out of these terms and conditions shall be interpreted according to the Laws of England and the parties agree to non-exclusive jurisdiction of the English courts.