Terms and Conditions

AQUILA SHELTERS LIMITED

CONDITIONS OF HIRE

1. DEFINITIONS
   1.1. ‘Company' means Aquila Shelters Limited.
   1.2. 'Hirer' means the Person, Company, Firm, Corporation or Authority hiring the Company's equipment and where there is more than one Hirer liability hereunder is joint and several.
   1.3. 'Equipment’ means, without limitation, marquees, floors, awnings, carpets, drapes, linings, furniture, heaters and lighting and all associated items which the Hirer agrees to hire subject to these Conditions of Hire.
   1.4. Period of Hire means the period from when the Equipment leaves the Company's possession to when such equipment is received back in the Company's possession.
   
2. QUOTATIONS
   2.1. Any quotation or estimate given by the Company is not binding on the Company until any order placed in consequence thereof is accepted by the Company in writing.
   2.2. The placing of an order by the Hirer shall be deemed to be an acceptance of these Conditions of Hire which shall override any terms and conditions stipulated by the Hirer except as specifically varied by the Company in writing.
   
3. PAYMENT
   3.1. Unless otherwise stated in the Company's quotation or estimate, payment shall be due as follows:
   3.1.1. 25% of the quoted price with the Hirers order.
   3.1.2. 75% of the quoted price payable on demand.
   3.2. If the Period of Hire exceeds the period stated in the quotation the Hirer shall pay on demand such reasonable addition to the price as the Company may require having regard to the addition of the Period of Hire and any losses, additional costs or liabilities incurred by the Company in consequence thereof.
   
4. DELIVERY IN GOOD ORDER
   4.1. The Equipment shall be in good working order, of satisfactory quality and reasonably fit for the purpose for which equipment of that kind is normally used.
   4.2. The Company does not warrant that the Equipment shall be fit for any special purpose.
   4.3. The Hirer shall satisfy himself as to the condition of the Equipment at the time of acceptance of the Equipment by the Hirer.
   4.4. Unless notice to the contrary is received by the Company within 24 hours of the supply of the Equipment, the Equipment shall be deemed to be supplied in good working order, except for defects which could not have been discovered by reasonable examination.
   
5. LOSS OR DAMAGE TO THE EQUIPMENT
   5.1. The Equipment is insured by the Company for loss or damage resulting from Lightning, Explosion, Aircraft, Earthquake, Subterranean Fire, Storm, Tempest, Flood, Bursting or Overflowing of pipes, Riot, Strike, Civil Commotion, Fire, Malicious Damage, Impact and Theft.
   5.2. The Hirer's liability is limited to the first £300 of any loss or damage provided that such loss or damage does not result from any act or default of the Hirer or anyone having use of the Equipment expressly or by implication with the Hirer's authority in which case the Hirer shall be liable to the Company for the cost of all such loss or damage.
   5.3. Nothing in this clause shall affect the responsibility of the Hirer under clause 9.
   
6. HIRER TO INDEMNIFY COMPANY AGAINST THIRD PARTY CLAIMS
   6.1. The Hirer shall at all times indemnify the Company in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with, or arising out of the use of the equipment, and in respect of all costs and charges in connection therewith.
   
7. CONSEQUENTIAL LOSS
   The Company shall not be liable for any consequential loss or damage arising from this agreement.
   
8. TERMINATION OF THE HIRE AGREEMENT
   When the hire is for a fixed period, it shall terminate on the date that period expires. When the hire is not for a fixed period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the hire by giving to the other seven days' notice in writing.
   
9. RETURN OF EQUIPMENT ON COMPLETION OF HIRE
   The Hirer shall be responsible for returning the equipment on completion of the hire in a condition equal to that as at the commencement of hire, fair wear and tear excepted.
   
10. HIRER NOT TO DISPOSE OF EQUIPMENT
    10.1. The Hirer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Equipment except with the written consent of the Company.
    10.2. The Hirer shall protect the Equipment against distress, execution or seizure.
    10.3. The Hirer shall indemnify the Company against all losses, damage, costs, charges and expenses arising as a result of any failure to observe and perform the terms and conditions of this clause.
    
11. TERMINATION FOR BREACH OF THIS AGREEMENT
    11.1. This agreement shall immediately be terminated without any notice or other act on the part of the Company if the Hirer:
    11.1.1. Defaults in the payment of any sums due to the Company for the hire of the Equipment or other charges, or
    11.1.2. Fails to observe and perform the terms and conditions of this agreement, or
    11.1.3. Suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with his creditors or, being a company, goes into liquidation (other than a members' voluntary liquidation), or
    11.1.4. Does or causes to be done or permits or suffers any act or thing whereby the Company's rights as owner of the Equipment may be prejudiced.
    11.2. If this agreement is terminated under this clause, it shall be lawful for the Company to retake possession of the Equipment and, for that purpose, to enter into or upon any premises where the Equipment may be.
    11.3. The termination of this agreement under this clause shall not affect the right of the Company to recover from the Hirer any monies due under this agreement or damages for breach of this agreement.
    11.4. The waiver by the Company of any breach of any term or condition of this agreement shall not prevent the subsequent enforcement of that term or condition and shall not be deemed a waiver of any subsequent breach.
    
12. SITE
    12.1. The Company's quotation or estimate is based on:-
    12.1.1. The actual details of the site supplied by the Hirer, or if none:
    12.1.2. The assumption that the site is served by a firm access road with adequate hard standing and that the site is sheltered, firm, level, tree from flooding, trees, ground and overhead obstructions, and without buried pipes or other concealed services which might suffer damage occasioned by the transport, construction, use or dismantling of the Equipment or entail any extra labour and that the Hirer will be solely responsible for all damage to the surface and cultivation of the site occasioned as above.
    12.2. If the information given to the Company by the Hirer in accordance with clause 12.1.1 is incorrect or if the assumptions in clause 12.1.2 are incorrect (as appropriate) then the Company will charge and the Hirer will pay in addition to the quoted or estimated price ail ensuing losses, additional costs and liabilities.
    
13. PERMITS
    13.1. The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or maybe concerned and must make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation.
    13.2. Any costs incurred because of delays or modification 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 and shall be deemed to be part of the hire charge.
    
14. CANCELLATION
    14.1. If the Hirer wishes to terminate the order the Company must be notified in writing immediately and the Hirer shall pay to the Company liquidated damages as follows:-
    14.1.1. if such notice is received less than 14 days before the agreed start of the hire period the full hire charge shall be paid.
    14.1.2. if such notice is received between 28 and 14 days before the agreed start of the hire period 50% of the hire charge shall be paid.
    14.1.3. if such notice is received more than 28 days before the agreed start of the hire period 25% of the hire charge shall be paid.
     
15. NO UNAUTHORISED CHANGE OF SITE OR RE-HIRING OF EQUPMENT
    15.1. The Equipment must not be moved from the site to which it was delivered, or when the Equipment is collected by the Hirer, the site specified by the Hirer and shall not be re-hired, sublet, or lent to any third party unless in each case the previous written consent of the Company is obtained.
    
16. FORCE MAJEURE
    16.1. The Company shall have no liability to the Hirer for delay or any failure of performance due to labour difficulties, shortage of supplies or materials, accidents, adverse weather, snow, strong winds or gusts, or other cause beyond the control of the Company whether before, during or after the Period of Hire.