The following terms and conditions apply to transactions on our website at exhibitionrental.com The placing of an order indicates your acceptance of these terms and conditions.
Please read them carefully and if required, print a copy for your records or future use. To Order through this website you must be at least 18 years of age. We will treat each order as a commitment by you to rent the goods subject to these terms and conditions.
1.DEFINTIONS
1.1?Hirer?means the individual or organisation who buys or agrees to hire the Goods from the Owner;
1.2?Consumer?shall have the meaning ascribed in section 12 or the Unfair Contract Terms Act 1977;
1.3?Contract?means the contract between the Owner and the Hirer for the hire and rental of Goods incorporating these Terms and Conditions
1.4?Goods?means the articles that the Hirer agrees to buy or hire from the Owner;
1.5?Owner?means Exhibition Rental Ltd
1.6?Terms and Conditions?means the terms and conditions of hire set out in this document and any special terms and condition agreed in writing by the Owner.
2. CONDITIONS
2.1 Nothing in these Terms and Condition shall affect the Hirer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts of hire of Goods by the Owner to the Hirer and shall prevail over other documentation or communication from the Hirer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Hirer’s acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between parties) shall be in applicable unless agreed in writing by the Owner.
3. ORDERING
3.1 All orders for Goods shall be deemed an offer by the Hirer to rental Goods pursuant to these Terms and Condition subject to acceptance by the Owner. The Owner may choose not accept to an order for any reason.
3.2 Where the Goods ordered by the Hirer are nor available from stock the Hirer shall be notified and given the option to either accept an upgrade or change of colour or style.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Owner’s current price list. The Price does not include delivery charges. Additional delivery charges are payable for delivery both within and outside the United Kingdom.
4.2 Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF THE Owner
The Owner reserves the right to adjust the price and specification of any item in its current price list.
6. WARRANTY
The Owner warrants that the Goods will at the time of dispatch correspond to the description given by the Owner. Except where the Hirer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Hirer is satisfied as to the suitability of the Goods for the Hirer’s purpose.
7. DELIVERY
7.1 The Owner shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Owner shall not be liable for any losses, costs, damages or expenses incurred by the Hirer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
7.2 Delivery of the Goods shall be made to the Hirer’s address specified in the order and the Hirer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.3 Risk of the Goods shall pass to the Hirer upon delivery of the Goods until breakdown of the event.
8. CANCELLATION AND RETURN
8.1 The Hirer shall inspect the Goods immediately upon receipt and shall notify the Owner within 2 hours of delivery of the Goods if they are damaged or do not comply with any of the Contract. If the Hirer fails to do so they shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made the Goods shall be returned to the Hirer by the Owner. The Hirer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Good are in fact defective.
8.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Owner no later than 7 days before any event starting.
Dry Hire
8.4 Goods must be returned by the Hirer at the Hirer’s expense and should be adequately insured during the return journey.
8.5 When returned Good are found to be damaged due to the Hirer’s fault the Hirer will be liable for the cost of remedying such damage.
9. LIMITATION OF LIABLITY
9.1 Except as may be implied by law where the Hirer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Owner the remedies of the Hirer shall be limited to damages which shall in no circumstances exceed the value of the Goods and the Owner shall under no circumstance be liable for any direct, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Owner for death or personal injury resulting from the negligence of the Owner or that of the Owner’s agents or employees.
10. WAVIER
No wavier by the Owner (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11. FORCE MAJEURE
The Owner shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstance outside its reasonable control, but not limited to Acts of God, strikes, lock outs, accidents of war, fire breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Owner shall be entitles to a reasonable extension of time to fulfil its obligations.
12. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
The Owner shall be entitles to alter these Terms and Conditions at any time, but this right shall not effect the existing Terms and Conditions accepted by the Hirer upon making a rental.
14. GOVERNANCE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.
© 2005 Exhibition Rental Ltd
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