General
a. Definitions This Contract is for the hire of items and accessories ("Equipment") and the sale of "resale" goods ("Goods") detailed, and the parties to the Contract are:
(i) The "Hirer" and, where the Hirer is not an individual acting in person, the "Signatory". (ii) Blackjack Event Company, registered in England no. 3812767 with registered offices at Unit 40 Boss Hall Business Park, Ipswich, Suffolk IP1 5BN. Any condition deemed invalid will not affect other conditions. Nothing in this 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 Blackjack accepts the Hirer's detailed order. Blackjack reserves the right to charge for cancellation.
c. Termination Blackjack 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 or is involved in insolvency or liquidation proceedings.
d. Ownership of Equipment and Goods Equipment hired remains the property of Blackjack at all times. Ownership of Goods purchased transfers only when full payment is received by Blackjack.
Hire Changes
a. Basis of charging The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays.
b. Hire Bookings Hire bookings can be made by telephone, by email or in writing, but a purchase order number must provided at the time of booking in addition to a non-returnable booking deposit of 25% of the total cost of the hire. Booking deposits are non-refundable.
c. Transport charges Delivery and collections, including attempted calls are chargeable.
d. Time for payment and VAT The Hirer will pay all monies outstanding, including VAT, on demand (interest on amounts overdue is a Lloyds Bank base rate plus 4%) and will be liable for reasonable charges incurred by Blackjack in the recovery of amounts due, Equipment and/or Goods. All hire fees and associated payments must be paid in full, at the commencement of hire, or at the time of delivery (excluding approved account holders).
e. Credit and debit card transactions Where the Hirer has signed a blank credit or debit card voucher, with a subsequent payment shortfall, Blackjack may insert and present for payment the balance due. Part payments by credit or debit card may also be processed by Blackjack at interim stages of the Contract.
f. Loss of Equipment, cleaning and damage repair Blackjack may treat Equipment unavailable for inspection after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current replacement value. The Hirer will pay for required cleaning, breakages, damage repair and/or Equipment loss. Hire charges accrue until full settlement is made.
Hirer's Responsibilities
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. Dry Hire equipment defects should be reported to Blackjack as soon as possible.
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.
c. Security of Equipment The Hirer accepts responsibility for Equipment security until its collection by or return to Blackjack, agrees to arrange appropriate insurance for the entire hire duration period and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Safe use of Equipment and breakdown procedure The Hirer is responsible for the safe and correct operation of Equipment (conforming with relevant legislation and the Blackjack operating and safety instructions supplied) by persons not under the influence of alcohol or drugs and for its constant supervision within the range of children.
The Hirer will immediately notify Blackjack of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non Blackjack equipment used in conjunction with or attached to Equipment also conforms with safety requirements.
e. Return or collection of Equipment The Hirer may arrange for the return or collection of Equipment with Blackjack during normal business hours and when Equipment has been returned or collected Blackjack will issue a return note. The Hirer will remain liable for on going hire charges until such return note has been issued. The Hirer remains responsible for Equipment until actual collection.
f. Lost, Stolen or Damaged Equipment The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, damage and theft and on demand to pay Blackjack any insurance claim proceeds. This liability is without prejudice to any Blackjack rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of Blackjack. Blackjack reserves the right to charge the Hirer loss of revenue for Equipment, which has been damaged by the Hirer through misuse and/or abuse, whether intentional or accidental.
Blackjacks's Responsibilities
a. Hire rates Blackjack will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions Blackjack will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment Blackjack 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 Blackjack will substitute items of similar specification.
d. Delivery and collection Blackjack will endeavour to deliver or collect Equipment on time wherever possible. No credits or refunds of delivery/collection fees will be made for events that are outside of Blackjacks control.
e. Limitation of liability The liability of Blackjack for claims made by the Hirer does not extend to any unforeseeable financial loss, damage or injury caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Blackjack can give no guarantee on equipment supplied other than that given by the manufacturer or supplier, and that all equipment is tested prior to leaving Blackjack's premises.
a. Applicable Law These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.