General Conditions of Hire
1.1 The “Owner” means Arena Seating Limited and its successors and assigns.
1.2 The “Hirer” means the company, organisation, public authority, or person hiring the equipment
1.3 The “Contract” means any contract for the hire of the Equipment.
1.4 The “Equipment” means the grandstand seating, covered grandstands, artificial sports surfaces, or any other product or any other item, which the Owner agrees to hire to the Hirer.
2.1 The Owner agrees to hire to the Hirer and the Hirer agrees to take on hire the Equipment in accordance with any quotation of the Owner which is accepted by the Hirer or any written order of the Hirer which is accepted by the Owner subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 If a quotation is accepted by the Hirer the Owner shall be entitled to reject that acceptance for any reason whatsoever by giving seven days written notice.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Owner and the Hirer.
2.4 Quotations shall be available for acceptance only to the period of sixty days or as otherwise stated in the quotation and may be withdrawn by the Owner within such period by written notice.
The period during which the Equipment will be hired to the Hirer shall commence upon completion of erection of the Equipment and shall end upon commencement of dismantling of the Equipment by the Owner (the Hire Period) and the charges to be made by the Owner for the hiring during the Hire Period (the Hire Charges) shall be as set out in the quotation or order acceptance.
7.1 The Hire Charges and any deposit for hiring the Equipment shall be as set out in the Owner’s quotation or order acceptance which shall be inclusive of all hire charges for the Hire Period and erection, dismantling and transport charges.
7.2 The Hire Charges quoted are for the total quantities of Equipment shown in the quotation and the Owner shall not be obliged to accept an order for part only at the rate of hire quoted.
7.3 The Owner shall be entitled to increase the Hire Charges in the event of and increase in the price of labour or transport from time of quoting until commencement of the Hire Period.
7.4 The Hire Charges shall be exclusive of VAT, which the Hirer shall in addition pay to the Owner.
7.5 The Hirer shall pay the Owner without any discount or set off the amount of the Hire Charges and any deposit plus VAT at the time or times specified in the Owner’s quotation or order acceptance and if not so specified within thirty days of the date of the Owner’s invoice.
7.6 If the Hirer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Owner the Owner shall be entitled to:
7.6.1 cancel the Contract or suspend any further deliveries to the Hirer;
7.6.2 charge the Hirer interest on the amount unpaid at the rate of two per cent per annum above Barclays Bank plc base rate until payment in full is made.
7.7 The continuance of any Contract or the Hirer’s liability for payment of the Hire Charges shall not be affected in any way by the loss, theft or any damage to the Equipment.
The hirer agrees:
8.1 Installation and dismantling of the Equipment
8.1.1 not to obstruct or permit to be obstructed by any of its agents or employees the Owner during erection, maintaining or dismantling of the Equipment.
8.1.2 to ensure that the site at which the Equipment is to be located (the Site) is cleared on time to enable the Owner to complete its obligations within any time estimated and that there is adequate and unobstructed access to the Site for the Owner’s vehicles.
8.1.3 to ensure that the Site foundation is sufficiently firm and level and otherwise suitable to carry the Equipment and the load put on it.
8.1.4 to have a representative on the Site at all times during the erection of the Equipment to instruct on the siting of the Equipment or alternatively provide or agree a detailed drawing for that purpose.
8.2 Use of Equipment
8.2.1 to use the Equipment in a skilful and proper manner and in accordance with all approvals required pursuant to Clause 5.
8.2.2 to ensure that only the number of persons for which the Equipment has been designed are allowed to use the Equipment at any time.
8.2.3 to ensure the Equipmennt is at all times during the Hire Period supervised and when not in use guarded by properly skilled and trained personnel.
8.2.4 throughout the Hire Period to keep the Equipment at its own expense in good repair and condition and if the Equipment or any part of the Equipment is destroyed, damaged, or lost to pay for the repair or replacement of such Equipment to the reasonable satisfaction of the Owner.
8.2.5 to make no alteration to the Equipment and not to remove any existing component, mark or name from the Equipment.
8.2.6 to deliver up the Equipment to the Owner at the end of the Hire Period or any extension thereof agreed with the Owner.
8.2.7 to keep the Equipment in its own possession at the Site.
8.2.8 not to sell, transfer, lease or otherwise dispose of or mortgage the Equipment or any part thereof.
8.2.9 not to sub-hire the Equipment or any part thereof without the Owner’s written consent and that any such sub-hire will not affect or reduce any of the Hirer’s obligations to the Owner under these Conditions.
9.RISK INDEMNITY AND INSURANCE
9.1 During the Hire Period or any extension thereof:
9.1.1 The Hirer shall be solely responsible for the safe keeping and use of the Equipment.
9.1.2 The Equipment shall be at the sole risk of the Hirer for all loss or damage to the Equipment or any part thereof.
9.1.3 The Equipment shall be at the sole risk of the Hirer for all claims, demands, liabilities, losses, damages, proceedings, costs and expenses (other than those resulting directly from the negligent manufacture of the equipment by the Owner, its employees or agents or the negligent erection or dismantling of the Equipment at the Site by the Owner, its employees or agents) relating to the Equipment, its possession, use, lack of use, operation or presence on the Site.
9.2 The Hirer shall indemnify the Owner against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses, including legal expenses on a full indemnity basis (other than those resulting directly from the negligent erection or dismantling of the Equipment at the Site by the Owner, its employees or agents) whenever arising directly or indirectly:
9.2.1 from the Hirer’s failure to carry out its duties under these Conditions or
9.2.2 by reason of any loss, injury or damage (whether direct or indirect) suffered by any person from the presence of the Equipment on the Site or its possession, use or operation during the Hire Period or any extensions thereof.
9.2.3 by or in respect of any person for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever which arises whether through the Owner’s negligence (other than the negligent manufacture of the Equipment or the negligent erection or dismantling of the Equipment at the Site) or otherwise out of or in connection with the supply, erection, possession, use, dismantling g or removal of the Equipment.
9.3 The Hirer shall:
9.3.1 insure the Equipment and keep the Equipment insured throughout the Hire Period for its full replacement value against accidental loss, destruction or damage on a comprehensive policy without restriction or excess.
9.3.2 insure the Owner and the Hirer throughout the Hire Period against
(a) any liability to any person or persons for death or personal injury and
(b) damage to or loss of any property and (c) all indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever whether arising directly or indirectly out of the use or possession of the Equipment by the Hirer or the failure of the Hirer to comply with any of its obligations under these Conditions or arising from fire, theft, or vandalism but excluding any such liability damage, loss, costs, expenses or claims resulting directly from the negligent manufacture of the equipment by the Owner, its employees or agents or the negligent erection or dismantling of the Equipment at the Site by the Owner its employees or agents.
10.1 Nothing in these Conditions shall be deemed to exclude or restrict the Owner’s liability for death or personal injury resulting from negligence.
10.2 Where any valid claim in respect of the Equipment which is based on any defect in the quality or condition of the Equipment or its failure to meet specification is notified to the Owner within seven days from the date of completion of erection (or where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure) the Owner shall be entitled to replace the Equipment (or the part in question) free of charge or at the Owner’s sole discretion, refund the Hire Charges (or a proportionate part of the Hire charges) but the Owner shall have no further liability to the Hirer.
10.3 The Owner shall not be liable to the Hirer for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever which arises (whether through the Owner’s negligence or otherwise) out of or in connection with the supply, installation, use, dismantling or removal of the Equipment.
10.4 The Owner shall not be liable to the Hirer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Owner’s obligations in relation to the Equipment if the delay or failure was due to any cause beyond the Owner’s reasonable control and in particular (but without prejudice to the generality of the foregoing).
10.4.1 inclement weather
10.4.2 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind of the part of any governmental, local or other duly constituted authority.
10.5 Without prejudice to any other limitation or exclusion of liability under these Conditions the Owner’s total liability for any one claim or the total of all claims arising from any one act or default of the Owner (whether arising from the Owner’s negligence or otherwise) shall not exceed the amount of the Hire Charges or the sum of Five Thousand Pounds whichever is the greater.
11.1 In the event that:
11.1.1 the Hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or
11.1.2 a mortgagee takes possession or an Administrative Receiver or Receiver is appointed of any of the property or assets of the Hirer or
11.1.3 the Hirer ceases or threatens to cease to carry on business then without prejudice to any other right or remedy available to the Owner the Owner shall be entitled to cancel the Contract or suspend any further deliveries of Equipment or erection of the Equipment without any liability to the Hirer and if the Equipment has been delivered but not paid for the Hire charges shall become immediately due and payable.
The Hirer shall indemnify he Owner against any alleged or proved infringement by the Hirer or any of its employees or agents of the Owner’s copyrights, trade marks patents or pending patents.
The Owner may appoint one or more sub-contractors to carry out part or all of its obligations under these conditions.
These Conditions and the Contract shall be governed by English Law.
15.1 If requested the Owner will provide seat numbering and labelling at an extra charge.
15.2 The Hirer shall not fix its own seat numbers or markings or adhesive labels to The Equipment
When the Hirer consists of more than one person these