General Terms and Conditions of Hire
“Company” Spaciotempo UK is a trading division of GL events UK Ltd. Registered at Station Road, Castle Donington, DE74 2NL
“Hirer” the person(s), firm or company details of which are set out in the Hire Contract.
“Cancellation Charges” The costs (plus 10%) of materials and labour,at the Company’s current rates at the date of cancellation, incurred by the Company in the manufacture or preparation of any Hire Products or Hire Services.
“Damage Charges” the cost (fair wear and tear excepted) of renovating, refurbishing and cleaning any Hire Product recovered by the Company upon termination of a Hire Contract (including the cost of the removal and disposal of fixtures and fittings left in the Hire Product). The Damage Charges will be calculated on the cost of materials and labour at the Company’s current rates at the date of renovating, refurbishing and cleaning.
“Force Majeure Event” any event or events beyond the reasonable contemplation or control of the party suffering the event, including (but without limitation) industrial action, failure or delay of suppliers or contractors, acts of God, war, civil disturbance, terrorism, restriction of supplies, failure of machinery or power, government intervention, compliance with laws, rules or regulations, accident, malicious damage, fire, explosion, flood, adverse weather or natural disaster.
“Hire Charges” the charges for the installation and hire of the Hire Products or the supply of the Hire Services as set out in the Hire Contract.
“Hire Contract” the contract for hire of the Hire Products made between the Company and the Hirer incorporating the confirmation of order and these Conditions of Hire (where there is any inconsistency, the terms in the confirmation of order shall prevail.
“Hire Period” the hire period set out in the Hire Contract or any continuation or extension thereof.
“Hire Products” the buildings and fittings detailed in the Hire Contract.
“Hire Services” the services detailed in the Hire Contract.
“Hire Site” the site(s) upon which the Hire Products are to be located.
“Installation Charges” all costs incurred by the Company in the installation or any attempted installation (which is unsuccessful through the default of the Hirer) on the Hire Site of the Hire Products including, but without limitation, charges for the craneage, road transport, connection of services, preparation of the Hire Site, preparation of Hire Product, removal of obstacles, costs and charges of landlords of Hire Site and labour. The Installation Charges will form part of the Hire Charges.
“Minimum Hire Period” the minimum hire period set out in the Hire Contract.
“Clear Charges” all costs incurred by the Company in the clear or any attempted clear (which is unsuccessful through the default of the Hirer) from the Hire Site of the Hire Products including, but without limitation, charges for the craneage, road transport to such location as the Company requires, disconnection of services, preparation of the Hire Site, preparation of Hire Product, removal of obstacles and costs and charges of landlords of Hire Site and labour. The cost of labour will be at the Company’ s current rates at the date of Clear.
“Termination Date” the later of the end of the Minimum Hire Period or the date any notice of termination expires, or the date of removal of the Hire Products from the Hire Site by the Company where removal is not possible by the date the notice of termination expires due to delays caused by the Hirer.
2. The Hire Contract Terms:
The Conditions of Hire will be incorporated in and form part of any Hire Contract to the exclusion of any other terms, unless otherwise agreed in writing by the Company.
3. Delivery and Installation of the Hire Products:
3.1 The Company will deliver and erect the Hire Products to the Hire Site as set out in the Hire Contract.
3.2 Unless specified otherwise, the Hirer will supply free and continuous access to welfare facilities for the duration
of the installation, for the Company’s personnel, including approved third party sub-contractors.
3.3 The Hirer is responsible for providing a secure and safe site for the duration of the installation. As such, any
safety fencing and health and safety signage is also to be provided by the Hirer prior to the Company’s arrival on site.
This includes a safe, clear area in which to load/unload haulage and access equipment, which will require clear access
and egress for the duration of the project.
3.4 The Hirer will prepare the Hire Site to the Company’s satisfaction prior to installation. In addition the Hirer
shall obtain such permissions (including but not limited to landlord’ s consent, planning permissions and building
regulation approvals which shall at all times be the Hirer’s responsibility) and pay such fees demanded in respect of
the same, unless otherwise agreed in writing with the Company.
3.5 The Hirer will inspect the Hire Products upon delivery and installation and will notify the Company within 48 hours
of the Hire Products or any part thereof being made available by the Company for occupation by the Hirer of any defects
in the Hire Products or the Hire Services which would in the Hirer’s reasonable opinion render the Hire Products unfit
for occupation and/or use by the Hirer. Minor snagging items which do not render the Hire Products unfit for use by the
Hirer shall not be defects for the purposes of this Condition 3.
3.6 The Company will remedy any defects which it accepts as soon as reasonably practicable.
3.7 The Hirer will be deemed to have accepted the Hire Products at the expiration of 48 hours from any part thereof
being made available by the Company for occupation and/or use by the Hirer unless notice is given under Condition 3.3
and accepted by the Company, in which case the Hirer will be deemed to have accepted the Hire Products when the Hire
Products or any part of them are available for occupation and/or use by the Hirer.
3.8 An authorised representative of the Hirer must be available on completion of the installation to accompany the
Company’s Site Manager/Supervisor, so that the building and build location can be inspected for satisfactory
installation/removal as applicable. A signature from the Hirer will then be requested for installation/removal sign off.
4. Hire Charges and Payment:
4.1 The Hire Charges for Hire Products will commence on the date set out in the Hire Contract, will be calculated as set
out in the Hire Contract and will be invoiced quarterly in advance, unless otherwise agreed in the Hire Contract.
4.2 The Hire Charges will continue to accrue from receipt of written notice to terminate until the date of termination,
with part quarters being charged at a full quarter’s rate.
4.3 Hire Charges will be subject to VAT and any other relevant tax or duty thereon at the prevailing rate which will be
added to each invoice.
4.4 The Company reserves the right to amend the Hire Charges in respect of any Hire Product at any time after the expiry
of the Minimum Hire Period and to confirm such amendment in writing.
4.5 Hire Charges are payable upon the terms set out in the Hire Contract. Time will be of the essence in relation to
payment of the Hire Charges. Payment will be deemed to have been received by the Company upon receipt of cleared funds
into the Company’s bank account. No other payment terms will apply unless agreed in writing by both parties.
4.6 Where Hire Charges or any part thereof relate to applications for planning permission or building regulation
approval the Hirer will not decline to pay the Hire Charges if the permission or approval is not granted or is granted
subject to conditions which are not acceptable to the Hirer.
4.7 The Company may charge interest and compensation in accordance with the Late Payment of Commercial Debts (Interest)
Act where Hire Charges are not paid in accordance with the terms set out in the Hire Contract. The Company reserves the
right to invoice all Hire Charges then accrued under the Hire Contract or any other contract between the Hirer and the
Company and in addition to recover those Hire Charges.
4.8 Should the Company employ any third party to collect any Hire Charges due from the Hirer, the costs of such party
will be payable by the Hirer on an indemnity basis.
5. The Hire Period, Notice Periods and Termination:
5.1 Unless terminated in accordance with these Conditions the Hire Period will commence upon the date set out in the
Hire Contract and continues in the case of Hire Products for the Minimum Hire Period.
5.2 The Hire Contract will continue after expiry of the Minimum Hire Period, unless at least 3 month’s prior written
notice (or such lesser period of notice as is specified in the Hire Contract) is given by either party to terminate the
Hire Contract upon expiry of the Minimum Hire Period. The Hire Contract may be terminated after expiry of the Minimum
Hire Period by either party giving to the other 3 months’ prior written notice (or such lesser period of notice as is
specified in the Hire Contract).
5.3 If the Hirer wishes to terminate the Hire Contract prior to the expiry of the Minimum Hire Period, the Hirer will
serve no less than 3 month’s written notice on the Company requesting early termination. The Company will be under no
obligation to accept early termination but may do so upon such terms as it agrees with the Hirer.
5.4 The Company may immediately terminate the Hire Contract by written notice to the Hirer if:
5.4.1 the Hirer does not pay the Hire Charges upon the terms set out in the Hire Contract;
5.4.2 the Hirer, being an individual, partnership or firm, has a bankruptcy petition presented or a bankruptcy order
made against any individual or partner or applies for or any individual or partner applies to enter into or enters
into a voluntary arrangement or an informal arrangement with creditors or ceases to trade or appears in the
reasonable opinion of the Company to be unable to meet all commitments under the Hire Contract;
5.4.3 the Hirer, being a company or limited liability partnership, has an application or order made for striking off
the companies register, becomes insolvent by being unable to meet debts within the meaning of section 123 Insolvency
Act 1986, has a petition presented or appears in the reasonable opinion of the Company to be unable to meet all
commitments under the Hire Contract.
5.5 Without prejudice to any of its other rights under the Hire Contract the Company may at its sole discretion serve a
notice on the Hirer requiring it to remedy a breach by it of the Hire Contract within such period as is stipulated in
the notice. A failure by the Hirer to comply with the notice will entitle the Company to terminate the contract
immediately by written notice.
5.6 Where termination occurs under Conditions 5.4 or 5.5 before the expiry of the Minimum Hire Period, the Hirer will
immediately, in addition to the Hirer’s liability under Condition 4.2, pay to the Company all Hire Charges to the date
of expiry of the Minimum Hire Period.
6. Consequences of Termination:
6.1 Upon termination of this Agreement the Hirer will:
6.1.1 immediately give to the Company access to the Hire Site and comply with all of the Company’ s instructions, to
enable the Company to collect the Hire Products from the Hire Site;
6.1.2 if the Hirer so elects, attend the Hire Site, with the Company’ s representative who will prepare a damage
report in relation to the Hire Products (upon which the Damage Charges will be based) and supply a copy to the
6.1.3 pay to the Company all sums due and payable under the Hire Contract to the Termination Date (or to the date of
expiry of the Minimum Hire period if Condition 5.6 applies) including all Removal Charges and Damage Charges in
relation to the Hire Products, prior to the removal of the Hire Products by the Company.
6.2 Upon termination of this Agreement the Company w ill following payment by the Hirer of Cancellation Charges, and
Damage Charges, attend the Hire Site to remove the Hire Products and either on the Hire Site or at such location as the
Company designates prepare a damage report and thereafter send a copy to the Hirer.
7. Risk and Insurance:
7.1 Until the Hire Products or any part thereof are made available by the Company for occupation and/or use by the
Hirer, the Company shall bear the risk of all claims for injury to person or property or damage to the Hire Products
caused by or in connection with the manufacture, storage, transport, loading and unloading and installation of the Hire
Products (except where the same are caused by the act or omission of the Hirer).
7.2 From the date when the Hire Products or any part thereof are made available by the Company for occupation and/or use
by the Hirer until the earlier of the Termination Date and the date in which all of the Hire Products have been removed
from the Hire Site, the Hirer shall bear the risk of all claims for injury to person or property or damage to the Hire
Products caused by or in connection with the use or occupation of the Hire Products.
7.3 Whilst risk in the Hire Products is with the Hirer under Condition 7.2, the Hirer will insure the Hire Products in
the joint names of the Hirer and the Company to their full replacement (as new) value from time to time against all
risks of loss or damage and will insure against the risk of all claims for injury to person or property caused by or in
connection with the use or occupation of the Hire Products with a reputable insurance company and to the satisfaction of
the Company. The Hirer will ensure that the Company’s interest is noted on any such insurance and will on demand produce
to the Company a copy of the policy or policies of insurance and a receipt for the last premium. Should the Company not
be satisfied as to the insurance arrangements it may take out insurance itself and the cost of doing so will form part
of the Hire Charges and will be recoverable accordingly.
7.4 The Hirer will notify the Company immediately if any event occurs whereby the Hirer makes a claim on its insurance
and will take note of any requirements of the Company and keep the Company informed of the progress of any such claim.
8. Property and Ownership:
8.1 Property in and ownership of the Hire Products will always remain with the Company.
8.2 The Hirer will ensure that the Hire Products do not become permanently affixed to any land or building or incapable
of being removed without damage to any land or buildings.
8.3 The Hirer will not assign, re-hire, sub-let, sell, mortgage, charge, pledge or otherwise deal with the Hire Products
in any way inconsistent with the ownership of the Company.
8.4 The Hirer will protect the Hire Products from any execution, distress or seizure.
8.5 The Hirer will not remove or allow to be removed from the Hire Products the Company’s name, identifying plate, mark
or trade mark nor alter the same.
8.6 The Hirer will pay all rent and other outgoings due by the Hirer for the use of the Hire Site during the Hire Period
or until the Hire Products are returned to the Company’ s premises, whichever is the later.
9. Change of Hire Site:
9.1 If the Hirer wishes to change the Hire Site then the Hirer must obtain the Company’s written agreement to the new
9.2 The Hirer will not, without the Company’s written consent, remove or allow the Hire Products to be removed from the
9.3 If the Company agrees to a change of Hire Site the Company will move the Hire Products and the Hirer will pay any
charges incurred including removal charges and installation charges in respect of the change of Hire Site.
10. Maintenance of the Hire Product:
10.1 The Hirer will be obliged to ensure that the Hire Products are kept clean and properly maintained and repaired at
10.2 The Hirer must take note of and implement any instructions from the Company relating to the safe use of the Hire
Products. The Hirer will be liable for any loss or damage which results from their failure to follow the Company’s
10.3 The Hirer 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 will not allow the collection or buildup of snow on the structure.
10.4 In windy conditions, the Hirer 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 off entering or leaving the structure and will remove any loose
items of whatsoever nature form the vicinity of the erected equipment.
10.5 The Hirer will take all reasonable steps to make sure that the equipment is not at any time altered or interfered
with, and that the Hirer make sure in particular that no unauthorized entries are made in the structure, and that no
part of the structure is moved, removed, altered or modified.
10.6 If the Hire Products at any time require repair the Hirer shall notify the Company in writing of the items
requiring repair and the Company will as soon as practicable attend to such items on the Hire Site.
10.7 The Hirer will not repair or attempt to repair or engage any third party to repair the Hire Products, but will
carry out day to day maintenance on the Hire Products.
10.8 If the repair is due to fair wear and tear or failure of the Hire Product the Company will carry out the repair
without charge to the Hirer.
10.9 If the repair is due to the acts or omissions of the Hirer or any third party, the Company will charge the Hirer
with the costs of repair. For the avoidance of doubt the Hire Charges will continue to be payable throughout the period
taken for repair.
10.10 If the Hirer fails to notify the Company of any items requiring repair under Condition 10.2 or is in breach of
Condition 3.3 and the items requiring repair deteriorate so that the repair is no longer of normal wear and tear, then
the provisions of Condition 10.5 will apply.
10.11 The Company reserves the right at any time to enter upon the Hire Site to inspect the condition of the Hire
Products, to carry out servicing or repairs.
10.12 Annual maintenance inspection by the Company is recommended and is chargeable additionally to the Hire Contract.
10.13 Upon termination of the Hire Contract the Hire Products will be left clean and tidy and the Hirer will remove all
of the Hirer’s fixtures and fittings.
11.1 The Company takes every care to ensure that all data, drawings, literature and specifications for the Hire
Products are correct but offers no warranty or guarantee and makes no representations in respect thereof.
11.2 The Hirer is responsible for ensuring that the Hire Products and Hire Services (including without prejudice to the
generality of this Condition the suitability of any planning permission or building regulation approval in respect of
Hire Products applied for or obtained by the Company as part of the Hire Services) are suitable for the Hirer’s use and
purposes and the Company accepts no liability in respect thereof. In the event that the Company is required to carry
out any work to remedy any failure of the Hirer under this Condition, the Hirer will pay the Company’s costs of so
doing at Company’s current rates at the date the work is carried out.
12. Industrial Property:
12.1 All copyright in drawings, data, specifications and literature and all intellectual or industrial property rights
of any nature in relation to the Hire Products and the Hire Services will always remain with the Company.
12.2 Insofar as any such rights as are set out in Condition 12.1 are disclosed to the Hirer, the Hirer agrees to keep
them confidential and not to disclose them to any third party.
13. Force Majeure:
13.1 The Company will not be deemed to be in breach of the Hire Contract if a Force Majeure Event occurs in relation to
13.2 If the Force Majeure Event continues for more than 3 months the Company or the Hirer may terminate the Hire
Contract immediately by notice in writing.
13.3 Where termination occurs under Condition 13.2 the date of termination will be two working days following the date
of dispatch of the notice.
14.1 Except in respect of death or personal injury (or any other matter that may not be lawfully excluded) caused by
the Company’s negligence, the Company shall not be liable to the Hirer by reason of any representation, or any implied
warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any
consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or
otherwise) which arise out of or in connection with the supply and installation of the Goods or their use by the Hired,
except as expressly provided in these conditions.
14.2 Without prejudice to clause 14.1 the Company’s maximum aggregate liability for breach of these Conditions
(including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in
contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount of
the Hire Charges in the previous 12 months prior to any such claim(s) arising, or if higher the amount recovered by the
Company under any relevant insurance policy.
The Hirer will indemnify the Company against all losses, damages, costs, charges or expenses, whether direct or
indirect and of whatever nature, incurred by the Company as a result of any breach by the Hirer of any of these
16. Set Off:
16.1 The Hirer shall have no right to set off any sums the Hirer alleges to be due from the Company against any payment
due from the Hirer to the Company.
16.2 The Company shall have the right to set off against any sums due by the Company to the Hirer, any sums due from
the Hirer to the Company upon any contract between the Company and the Hirer.
17.1 Once the Hire Contract has been formed the Company is not obliged to accept cancellation of it.
17.2 The Hirer may cancel the Hire Contract prior to delivery and installation, by giving clear notice in writing. By
doing so, the Hirer will be liable to pay the Company a percentage of the Hire Charges shown in the Hire Contract (plus
VAT) depending on the length of time left between the Company receiving the Hirer’s written notice, and the date shown
in the Hire Contract by which the Hire Goods were to be erected and ready for use. The amount payable by the Hirer will
be on the following scale:
17.2.1 more than 60 days’ notice – 25% plus VAT
17.2.2 less than 60 days’ notice but more than 30 days’ notice – 50% plus VAT
17.2.3 less than 30 days’ notice – 100% plus VAT
18. General Conditions:
18.1 The Hirer acknowledges that it has not relied on or been induced to enter into the Hire Contract by any statement,
representation or warranty by the Company or its agents, save as expressly set out in the Hire Contract.
18.2 No variation of the Hire Contract will be effective unless confirmed in writing by the Company.
18.3 No waiver of any obligation in the Hire Contract will be effective unless confirmed in writing by the Company.
18.4 Any notice required or permitted to be given by either party to the other under the Hire Contract shall be in
writing (which included fax and email, provided a fax confirmation or delivery receipt is received by the sender)
addressed to that other party at its registered office or principal place of business or such other address as may at
the relevant time have been notified pursuant to this provision to the party giving the notice. This does not apply to
the service of any court proceedings.
18.5 If any term of the Hire Contract is found to be unenforceable by any court of competent jurisdiction, then that
term will to the extent that it is unenforceable be severed from the Hire Contract, but this will not affect any other
terms of the Hire Contract which will remain in full force and effect.
18.6 The parties do not intend that the terms of the Hire Contract will be enforceable under the Contract (Rights of
Third Parties) Act 1999 by any person not a party to the Hire Contract.
18.7 The Hire Contract and any matter arising from it will be governed by the laws of England and Wales and the parties
submit to the exclusive jurisdiction of the English Court.