These terms for the Hire Goods and Equipment (the ‘Agreement to Hire”) is an agreement by you the Hirer to hire from the Owner the Goods and Equipment agreed for the Hire Fee for those Goods and Equipment, be that agreement made by SMS, email, facsimile or any other method of communication.
If an agreement to hire is made it will, with the Owner’s Standard Terms and Conditions, constitute the contract between the Owner and you the Hirer for the hire of the Goods and Equipment ordered.
These Standard Terms and Conditions together with the Payment Terms and Special Conditions, the Offer by The Owner to you (the “Hirer”) to hire the Equipment and if the Hirer accepts this Offer constitutes the whole of the Contract with the Hirer.
In these Terms and Conditions these words and phrases have the following meanings:
“Acceptance” and “Accepted” means acceptance of the Offer and agreement to Hire by the Hirer.
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Owner by sms or email and be to that effect.
“Cancellation Fee” means one hundred percent (100%) of the Deposit Fee of the Equipment not required where the Cancellation is received by the Owner less than fourteen (14) days prior to the anticipated date of the agreed event.
“COD” means cash on delivery.
“Contract” means the agreement between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and any special conditions.
“Day” means a calendar day commencing immediately on midnight and finishing immediately before the next midnight.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Agreement to Hire, the Site.
“Deposit” means any sum which is agreed upon as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment.
“Equipment” means collectively all the goods and equipment agreed to and separately each item of the goods and equipment designated in the agreement and includes all additional Equipment.
“Essential Term” means any term in these Standard Terms and Conditions which is expressly stated to be an Essential Term and also means any term which the parties expressly state in any Special Conditions to be an Essential Term. “Essential Term” also includes any term which, by its nature and importance, one or other of the parties would not enter into this Contract without that term being included.
“Hire Fee” means the fee which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. Additional Equipment will be separately invoiced to the Hirer and will be in addition to the Hire Fee and will be added to the Invoice of the Hire Fee to the Hirer. The Hire Fee is set out in the agreement.
“Hirer” means the company or person the agreement is made with as “the Hirer” and includes where applicable its lawful successors and assignees.
“Offer” means any written offer to hire the Equipment to the Hirer by SMS, email or facsimile.
“Owner” means Simply Sweet Events.
“Owner’s Premises” means the premises where the Owner stores the Equipment.
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the agreement, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the agreement and expiring on the Collection Date as stated in the agreement.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Terms” means these Standard Terms and Conditions which will always be available on the Owner’s website, together with any Special Conditions set out and the agreement itself.
“Venue” means the place where the Equipment is to be used by the Hirer.
“Wet Hire” means the hiring of the Equipment and the provision of persons to operate the Equipment and provide the Services in respect thereto.
A reference to a Statute, Rule or Regulation is a reference to that Statute, Rule or Regulation as amended, re-enacted or modified from time to time.
The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction. A reference to any party includes their lawful successors and assigns.