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Terms & Conditions for Hire

These terms and Conditions apply to our Services provided to consumers and business consumers and are for the hire of equipment.

 

Your Information and Privacy

To order and use our Services we may ask you to provide details or information. It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us is regulated by our Privacy Policy. You also agree to all actions we take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your personal data.

 

Our Services

We provide an event hire service to individual consumers and businesses which includes catering trailers, event Wifi, and vintage Persian carpets. The Client requests a hire quote and then orders the services and pays in advance according to our payment terms and procedures.

It is agreed as follows:

1) Definitions

  • “Rolling  Stock Event Hire ” means the company that provides the Services and owns the website www.rolling.events
  • “Customer” or “Client” means a Visitor to our Site or someone who intends or has paid for our Services on display on our Site or anywhere else. Who may be an individual consumer or a business.
  • “Charges” means our current hire charges including any charges for the services during the Hire period.
  • “Equipment” means the equipment detailed in the order together as a whole hired by you as specified in this agreement or quotation.
  • “Hire period” means the period which starts when you hold the equipment on hire (including Saturdays, Sundays & Bank holiday Mondays) and finishes when you return the equipment to our possession or we collect the equipment. 
  • ”Parties” mean Rolling  Stock Event Hire and the Client jointly
  • “Service” or “Services” mean the Service provided by Rolling  Stock Event Hire of, but not limited to, catering trailers, event Wifi, and vintage Persian carpets. Delivery and collection.
  • “Site” means our website owned and operated by Rolling  Stock Event Hire at www.rolling.events
  • “User”, “You”, and “Your” (or in lower case) means Customer or Client who hires the equipment.
  • “Venue” means the place where you are holding your event or the address you have given us for the delivery of the equipment.
  • “We”, “Us”, and “Our” (or in lower case) means Rolling  Stock Event Hire

2) Payment and Charges

  • You agree to pay all costs and charges related to the Service You have ordered and to use the appropriate payment facilities and secure processes operated by our payment facility providers and you agree to read and comply with their terms and conditions relating to payments. 
  • All prices and delivery details are given in an individual quotation which you can request from us. Any trade terms you requested will be contained in the quotation.
  • Prices and details for extended hire will be included in the quotation or by a separate agreement.
  • If we accept your offer based on the quotation we have sent you it will become binding and part of this agreement.
  • You can pay for the Service using a credit or debit card or bank transfer.
  • You agree and acknowledge that placing an order means you are obliged to pay for the items you have ordered
  • We may charge for delivery or mileage depending on the location of your event. This should be discussed before the agreement is made and included in the quotation.
  • All prices are exclusive of VAT unless stated.

3) Ordering Process and Requirements

  • You agree to follow the ordering processes and procedures for using our Service. 
  • All orders and hire of items must be paid in advance unless otherwise agreed in writing
  • After you have enquired about our hire services, we will send you a quotation with price and conditions which is not binding at this point. If you agree with the quotation you may place an order which we may accept. Once we have accepted your order there is a binding agreement between us.
  • We will send you an agreement for you to read and agree to electronically.

4)  Deposits

  • Your Quotation will give all the details and conditions for any deposits you may need to pay.

5) Invoices

  • You agree to receive sales invoices electronically if applicable.  
  • All invoices must be paid by the due date.
  • If you have a trade credit account with us you must pay all invoices by the due date stated on the invoice.
  • It is important for the smooth running of all businesses to receive payment on time which is why we may, in the case of late payers, use our right to suspend the Service and or charge 5% interest above the Bank of England base rate or may add compensation under the Late Payment of Commercial Debts (Interest) Act  (1996).

6) Delivery and Collection

  • You agree to make sure that there is suitable access for delivery and collection of the equipment with unrestricted entry
  • Our hire fees do not include delivery or collection. These costs will be shown on your quotation.
  • You agree to give unrestricted access to our staff and representatives to deliver, set up and collect equipment. Any event passes must be sent to us in advance or a suitable arrangement made for collecting them.
  • You will pay for any lifting and provide suitable personnel or humpers if needed.
  • Delivery drivers cannot deliver the equipment you have hired until payment is received in full unless a trade account has been agreed upon.  
  • You may have to pay additional standard charges for delays which you have caused where we, for example, but not limited to, cannot deliver the equipment to the address you have given us or the equipment is not ready for collection or the delay was caused at the venue or you have not complied with your obligations under this agreement. This does not apply to a delay because of a force majeure event.
  • We will try to collect the equipment as soon as possible after your event has finished but this may not always be possible from all venues. 
  • We will try to carry out deliveries and collections at times you requested but cannot be held responsible for adverse traffic conditions. Please allow plenty of lead time before your planned event takes place.
  • You must keep all equipment safe and dry until we have collected it.
  • You will be charged for a return trip to collect equipment which was previously unavailable at the first time we tried to collect it.

7) Venue Requirements and Access

  • We require sufficient access to the venue before the start of the event to provide and assemble the required equipment and sufficient time between the closing of the event and having to vacate the venue to enable all equipment to be dismantled, removed and loaded into vehicles.
  • You agree to provide or make available sufficient car parking facilities as close as possible to the equipment location for the setup, while the event is on and while packing away our equipment.
  • You must let us know of any change in your address

8) Licencing

  • We do not provide bar or alcohol licenses for events using our catering trailers, you are responsible for getting your own applicable alcohol and entertainment licences. 
  • You agree to grant us a non-permanent license for the term of this agreement for our company or representatives to enter your premises to carry out the Service. For example, delivering the equipment and setting it up.

9) Risk and Ownership

  • Risk in the equipment and items will pass to you as soon as the equipment leaves our physical possession. This means that you will be responsible for any harm or damage to the equipment while it is being transported and you are using it, but we are still the owner of the equipment.
  • Risk in the equipment will not pass back to us from you until the equipment is returned into our physical possession. 
  • Ownership of the equipment remains with us at all times. You have no right, title or interest in the equipment except that it is hired by you. 
  • You must not deal with the ownership or any interest in the equipment. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. 

10) Equipment and Equipment Damage

  • We reserve the right to supply an alternative if we are unable to provide your chosen item on the day, This may occur due to damage to an item or equipment immediately before your event which is irreparable at short notice.
  • You are responsible for any damage to our equipment you have hired caused by you or your representatives, employees, guests or members of the public while on your premises and or before, during and after your event and agree to pay the cost to repair or replace the item depending on the damage.
  • You must check the condition of the equipment when it is delivered and let us know immediately if there are any problems or issues.
  • We will check the condition of the equipment when delivered and before collection.
  • It is your responsibility to take out insurance cover for the equipment you hire from us and you should also take out adequate public liability or event insurance. Or make sure that your general insurance covers such events.
  • You must take out applicable insurance to cover the cost of any damaged, lost or stolen equipment.
  • You agree, which includes your employees and representatives, not to deface or remove any labels from and/or interfere with the equipment, their working mechanisms or any other part of them. 
  • You agree to look after the equipment and keep it properly maintained and only use it for its proper purpose safely and correctly.
  • You must let us know immediately about any loss or damage to the equipment or of any accident resulting in death, or personal injury.
  • You must take reasonable steps to look after and protect the equipment from theft, damage and any other risks.
  • You must not remove or take the equipment or allow the equipment to be taken to another location or venue unless otherwise agreed in writing.
  • You agree not to use the equipment if it has been damaged.
  • You must return the equipment in good working order and in a clean and undamaged condition and it must be fit for re-hire.
  • Our catering trailers are installed and equipped with professional electrical circuits, the specification will be shown in your quotation. 
  • We do not offer a gas supply or facilities to use gas in our catering trailers and the use of gas appliances is not permitted under any circumstances including portable gas appliances such as heaters.
  • You must make sure that your employees, agents or contractors that operate or use the equipment are, if applicable, adequately and sufficiently qualified and trained following all current and applicable legislation.
  • You will pay us the replacement cost of any equipment (on a new for old basis), which is lost, stolen or damaged beyond economic repair during the hire period.
  • You agree to pay us any costs we incur in tracking down and recovering any lost or stolen equipment. 
  • We will send you an invoice stating the amount you must pay for damaged or lost equipment. 
  • You agree that it is your responsibility to pay us the amount on the invoice by the due date even if your insurance company has not settled the amount and it is your responsibility to recover this amount from your insurance company. We will not wait until payment has been made by your insurance company.
  • You are responsible to pay all hire fees up to and including the point that you report that the equipment is beyond repair or has been stolen or is missing. 
  • You also agree to pay two-thirds of the hire charges we would have received if the equipment had not been damaged, lost or stolen until we have replaced the equipment which we will do as quickly as reasonably possible.

11) Refunds

  • The law says that you can cancel a Service bought using a distance contract, i.e. an agreement made not face to face, for example,  online, by telephone or post, within 14 days after you have made the contract for any reason. However, there are some exceptions to this right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Section 28 (h) states that the right to cancel is excluded for “the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance”. Therefore, we are not obliged to give you a refund if you cancel within 14 days.
  • The above rights only apply to consumers and not businesses.

12) Description of Services

  • We try to describe and display the Services as accurately as possible on our website or in other forms of marketing or social media. While we want to be as clear as possible, you should not accept that the Site or other marketing materials are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. 

13) Intellectual Property Rights

  • Our Site, equipment, promotional and marketing material, business stationery and digital materials contain intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any  content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately cancel your booking without refund if you are caught violating this intellectual property policy.

14) Termination

  • This agreement is terminated by the performance and Completion of the Service.
  • This agreement can be terminated at any time for any reason by mutual agreement in writing.

15) Limitation of Liability

Nothing in the Agreement will:

  1. limit or exclude the liability of a party for death or personal injury resulting from negligence;
  2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
  3. limit any liability of a party in any way that is not permitted under applicable law; or
  4. exclude any liability of a party that may not be excluded under applicable law.

  • You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using our Services and hiring our equipment or by any other third parties. Additionally, Rolling  Stock Event Hire is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if Rolling  Stock Event Hire has been advised of the possibility of something or could have foreseen loss or damage.
  • We are not liable for consequential loss, late or non-delivery or damages arising from failure of the equipment you have hired.
  • If we are found to be liable in respect of any loss or damage to your property the extent of our liability will be limited to the retail cost of replacement of the damaged property. 
  • Any defective equipment or items must be returned to us at your expense for inspection before we have any liability for defective equipment.
  • We are not liable if you continue to use defective or damaged equipment after a defect has become apparent or suspected or should reasonably become apparent to you.
  • We will not be liable in respect of your loss of profits, income, revenue or anticipated savings or earnings, loss of goodwill or loss of reputation or any type of economic loss due to using our equipment or service.
  • We will not be liable for your loss of business, contracts, or commercial opportunities.
  • We will not be liable in respect of any loss or corruption of any data, database, or software.
  • Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.
  • Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.

 

16) Right to take action

  • If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us. 
  •  

17) Indemnification

  1. You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any help that We might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our prior written permission. 

18) Entire Agreement

  • These Terms and Conditions including our Privacy Policy, Your quotation and any attachments are the whole agreement between Rolling  Stock Event Hire and you and cancel all other verbal or written understandings concerning this agreement that were made outside this agreement.

19) Notices

All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:  info@rolling-stock.clickmarketing.dev 

Or posted to:

Rolling  Stock Event Hire

Hamsell

The Forstal

Eridge

East Sussex

TN3 9JY

20) Reliance on these Terms

  • We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between the Parties. We and you will be legally bound by these Terms.

21) Events or circumstances beyond our reasonable control (Force Majeure)

  • Where what is known as a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and natural occurrences, strikes, trade disputes, lock outs, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war
  • A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
  • must notify the other; and
  • will inform the other of the period for which it is estimated that such failure or delay will continue.
  • The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.

22) Severability

  • If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.

23) Assignment

  • This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.

24) Governing law and Jurisdiction

  • You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation adjudication and mediation resolution described in the clause below.

25) Dispute Resolution

  • Any dispute relating to this agreement, which cannot be resolved by negotiation between the parties may within 30 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to the clause above.

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