Supplementary Terms & Conditions for the BCHire.com January 2012 25% off Sale:
- All Bookings made in the SALE are subject to BCHire.com Standard Terms & Conditions of Sale and/or Hire as usual and such bookings are also made subject to these 'Supplementary Terms & Conditions'.
- BCHire inflatables in the Sale are available subject to availability, once they're gone, they're gone.
- Bookings made in the sale must be paid for at the time of booking or at least before the sale period ends. BCHire.com will not be offering a 'deposit' scheme on sale bookings. Customers wishing to pay a deposit at the time of booking at the balance on the day should book at standard price.
- Bookings made in the sale are non transferrable and non cancellable for any reason. Should BCHire.com be unable to deliver through the fault of the weather and/or the client, the client will receive no monetary refund.
BCHire LTD Conditions of Hire & Sale
The Contract is for the hire of items and accessories ("Equipment") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
i. The person(s), firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
ii. BCHire Limited (Registered No. 07169759) with registered offices at 157A Old Farm Avenue, Sidcup, Kent DA15 8AW ("BCHire").
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
b. Extent of Contract and Cancellation
The Contract is not assignable and is effective when BCHire accepts the Hirer's detailed order. BCHire reserves the right to charge for cancellation, cancellation fees will be charged at a rate equal to a percentage of the total hire fee. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
BCHire may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach and/or has failed to adhere to the provided BCHire safety instructions and/or is involved in insolvency or liquidation proceedings.
d. Ownership of Equipment and Goods
Equipment hired remains the property of BCHIRE at all times. Ownership of Goods purchased transfers only when full payment is received by BCHIRE.
e. Sub Hire Conditions
When BCHire acts as managing agent for the sourcing of Equipment, specific conditions may apply. The Hirer will be advised prior to Contract commencement and those conditions will apply concurrently with these conditions.
This agreement shall be governed by and construed in accordance with the Laws of England and the parties hereto submit the exclusive jurisdiction of the English Courts.
BCHire reserve the right to make reasonable amendments to this contract without giving notice to the other party or parties.
2. Hire Charges
a. Basis of charging
The hire charges quoted at the time of booking and/or in the ‘Confirmation Email’ and/or in the contract are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are based on the current price on BCHire’s website and these prices may change from time to time.
b. Transport & Set up charges
Delivery, set up and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
Deposits are set by BCHIRE at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to BCHIRE of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
d. Cleaning and damage repair
The Hirer will pay for required cleaning and/or repair and, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
e. Loss of Equipment
BCHIRE will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
f. Waiting Time & Access
Coherent to clause 5b. Where BCHire are required to deliver and/or collect equipment from the hirer and inadequate access is provided, BCHire may charge a fee for:
a. Waiting Time – Where the customer is not ready to accept the delivery at the time BCHire representatives arrive or if the equipment is not ready for collection when BCHire representatives arrive.
b. Extra Time and/or Extra Work and/or Inconvenience and/or additional staffing and/or additional transport: Where BCHire have to deliver and/or collect equipment using unsuitable access resulting in any of the previous.
g. Billing Card Authorisation
During the booking process BCHire may obtain credit/debit card details from the customer. The hirer authorises BCHire to charge this card for the full value of any charges which BCHire may accrue which remain unpaid at the end of the hire period.
a. Payment Terms
If BCHIRE has granted a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer's order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until BCHIRE has received cleared funds or cash. Purchasetransfers only when full payment is received by BCHIRE.
b. Invoice Queries
The Hirer should notify BCHIRE of any queries concerning invoices in writing within 14 days of the invoice date. BCHIRE will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
c. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by BCHIRE in the recovery of amounts due, Equipment and/or Goods. In addition BCHIRE may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
d. Credit Limits
Where BCHIRE has granted a credit account to the Hirer, BCHIRE may set a reasonable credit limit. BCHIRE reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. Damage Waiver
a. Damage Waiver
The 'Damage Waiver' charge, at 10% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise or if BCHire are unable to offer damage waiver for any reason at the time of order. Under 'Damage Waiver' BCHIRE will waive any further charge for rectifying accidentally damaged returned Equipment. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for Equipment loss or theft. 'Damage Waiver' may be limited under BCHIRE Sub Hire Contracts and 'Damage Waiver' may be invalidated where condition 5(d) and/or 5(e) is not adhered to.
b. Limit of Claim - 'Damage Waiver' does not protect the Hirer for:
a. The first £40 (or 20% whichever is the greater amount) of any Equipment damage claim.
b. Any claim for damage to the Equipment if:
i. The Equipment was left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.
ii. Any persons were under the influence of drugs and/or alcohol at the same event that the equipment was being operated.
iii. The damage was intentional.
5. Hirer’s Responsibility
a. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to BCHIRE immediately by telephone.
b. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk. If BCHire are delivering and/or collecting equipment to/from the hirer’s premises and access is inadequate (inadequate access defined as follows) then the hirer may be liable to pay an additional fee as per clauses under section 2 or the booking may be terminated under clause c section 1.
a. Where equipment cannot fit through an 80cm wide door way.
b. Where BCHire staff are required to walk more than 75m on foot from their vehicle to the point where equipment needs to be delivered or collected.
c. Where the route to the equipment isn’t completely clear of obstructions including but not limited to waste, branches, furniture and/or people.
d. Where equipment must be walked/dragged/pulled/pushed up and/or down any steps or stairs.
c. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to BCHIRE and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Suitable Space
The hirer agrees to provide a suitable space for the equipment hired according to advice given on BCHire’s website and/or given in any correspondence sent to the hirer and/or provided at the time of booking by any other media.
e. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the BCHire operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify BCHIRE of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-BCHIRE Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
f. Return or collection of Equipment
The Hirer may arrange for the return or collection of Equipment with any BCHIRE outlet during normal business hours and when Equipment has been returned or collected BCHIRE will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment BCHIRE will issue a 'collection reference number' in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
g. Lost or stolen Equipment
Except where the Hirer opts for 'Damage Waiver Plus' (where available as an option) under condition 4(b) the Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to BCHIRE any insurance claim proceeds. This liability is without prejudice to any BCHIRE rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of BCHIRE.
6. BCHire Responsibility
a. Hire rates
BCHIRE will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions
BCHIRE will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment
BCHIRE will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes BCHIRE will substitute items of similar specification.
d. Delivery and collection
Following the Hirer’s request, BCHIRE will endeavour to deliver or collect Equipment on time, wherever possible.
e. Returned Goods
BCHIRE will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
f. Limitation of liability
The liability of BCHIRE for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession.