TERMS AND CONDITIONS OF HIRE
We aim to provide you with a first class service on each and every occasion. This will be on the terms set out in the Company Hire and Website Usage Terms & Conditions.
Please read them carefully as they are provided for our mutual benefit.
COMPANY HIRE TERMS AND CONDITIONS
- Definitions “The Company” – China Boy Equipment Hire Ltd trading as ‘Chinaboy Hire’ or ‘CB Hire’ and includes its employees, servants, agents and/or duly authorised representatives;
“The Hirer” – The person, firm, company or organisation hiring or buying the goods from us; “Hirer’s Agent – Any person, firm, company or organisation acting on behalf of the Hirer;
“Contract” – a contract which incorporates these Terms and Conditions and made between the Hirer and the Company for the hire of our Hire Goods and/or the sale of Products;
“Deposit” means any advance payment required by the Company in relation to the Hire
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, vehicular failure or failure of a transport network (including but not limited to traffic jams) and any other similar events;
“Hire Goods” means any catering equipment, furniture, article and/or device together with any accessories specified in a Contract which are hired to the Hirer;
“Hire Period” means the period commencing when the Hirer receives the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Hirer into the Company’s possession; or (ii) the physical repossession or collection of Hire Goods by the Company;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including, but not limited to, legal costs) and any other losses and/or liabilities;
“Products” means the products sold to the Hirer by the Company;
“Rental” means the Company’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Services” means the services and/or work (if any) to be performed by the Company for the Hirer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods. - All Rental prices are for one Hire Period only which normally constitutes a period of 48 hours or Friday – Monday.
- Items required beyond a Hire Period or not returned at or before the end of the Hire Period will be subject to an additional charge equivalent to a 24 hour Hire charge for every day or part thereof that the return is delayed.
- CB Hire shall make its best efforts to supply the hired items requested but reserve the right to provide similar items, if necessary, at comparable cost if they are unavailable for any reason.
- CB Hire will not be liable for force majeure or to accept any changes to an Order made within 48 hours before Delivery. We will seek to accommodate any unforeseen changes or additional requests made in writing by email to enquiries@cbhire.co.uk or by telephone wherever possible.
- The Hirer or Hirer ́s Agent are responsible for the safekeeping of all hired items and any loss or damage to goods including any packing boxes and packaging supplied, from the time the goods are delivered to, or collected by, the Hirer ́s agent until collected by, or returned to CB Hire.
- Any such loss or damage will be charged at full current replacement cost plus a 10% administration charge. Hirer’s ́ goods cannot be accepted as replacement.
- It is the Hirer ́s responsibility to ensure that the equipment whilst on hire is fully covered by his / her own insurance (” New for Old “) with regard to any loss, theft, damage, terrorism, and public liability risks etc.
- The Hirer and/or the Hirer’s Agent fully indemnify CB Hire in respect of all claims, actions, costs and proceedings by any person whatsoever (including the hirer, his servants, agents, employees, contractors, vendors, guests and third parties) for any personal injury, or damage to the property caused by or in conjunction with or arising out of the use of the hired items and in respect of all other charges arising under statute, common law or otherwise.
- The Hirer undertakes to ensure that no-one uses the equipment who is not instructed in its safe and proper operation and to ensure that every user is in possession of instructional material (if any) supplied by CB Hire and will not allow equipment to be misused.
- Deliveries to third parties or unoccupied premises are made entirely at the Hirer ́s risk.
- The list of stock items on our website or published elsewhere may vary from time to time. Prices quoted may also change without prior notification.
- All Hire goods, boxes and packaging supplied remain the property of CB Hire.
- Delivery and Collection
Deliveries and Collections will normally be made between 8am – 6pm Monday – Friday. Any delivery times given are approximate. CB Hire will not be liable in the event of late delivery but will endeavour to notify the Hirer or Hirer’s Agent of any unforeseen delays where contact details are provided and it is safe to do so.
Collections from our premises and deliveries out of hours, on Saturdays, Sundays and Bank Holidays are by special arrangement only for which a surcharge may be added.
A charge will be made for our Delivery and Collection service according to distance travelled from our Premises to the Hirer’s venue or courier costs as appropriate. Current rates are available upon request. Additional charges may be made for:
• Siting of larger orders, and/or heavy/large items such as ovens/furniture, where additional delivery staff and/or time is required on site due to difficult or restricted access. Please advise us in advance of site situations and details so that we may deliver and position equipment correctly.
• Orders or part orders not ready for collection at the agreed time may incur extra hire and collection charges.
• Unless prior arrangements have been made our charges allow for unloading and loading from alongside our vehicle - They also assume that the goods will be packed and ready for collection from alongside the vehicle.
• Deliveries are from hard standing to main door, ground level entrance unless pre-arranged. Vehicle access to marquees/service tents must be adequately provided for, particularly in wet weather. Large items, in particular LP Gas Catering Ovens, require level access and a width of at least 34′′ (87cm). Please check your site situation when ordering and advise us accordingly. - Losses and Damages
The Hirer is responsible for checking goods upon delivery and shall notify CB Hire immediately of any discrepancies, omissions or breakages by telephone or email. Complaints made AFTER return of goods will not be considered.
CB Hire will endeavour to replace any to essential items breakages reported on Delivery at its own cost if required or to credit the Invoice accordingly.
It is a condition of Hire that in the absence of definite proof to the contrary, our count at our premises is final as to both quantity and condition of the goods returned.
In addition to hire, cleaning and transport charges, a ‘returns’ invoice may be produced after the event to cover any late, missing or damaged items on return to the unit plus a 10% administration charge.
If missing items are subsequently found they may be credited accordingly, however further day hire or collection charges may apply. - Linen
This requires careful handling. It is susceptible to burns from cigarettes, table sparklers, candles or candle wax also staining from flower pollens, party streamers, ‘biro’ or pens. It must not be packed away wet as it can become completely ruined by mildew. It is a condition of Hire that all linen is protected from candle wax damage and left out to air and is only folded only when Collection is to take place.
Burnt, mildewed, torn or heavily stained cloths will be charged for on a ‘returns’ invoice at full replacement cost plus a 10% administration charge. - Cleaning
For orders returned as used, a cleaning charge will be levied on all qualifying items. Furniture and all linenware hire prices already include a cleaning / laundering charge. Items returned clean will be charged at 50% cleaning rate to cover quality and stock control. - Payment Terms
Once a Hirer’s Quote becomes an Order or Confirmed Booking, payment in full is due 48 hours before the arranged Delivery Date. We may require a 10% Deposit offset against the returns.
We accept all major Credit/Debit cards or BACS payment. Credit Cards will attract a 2% Handling Fee.
Non – payment of an order by the date specified does NOT cancel the order and liability for payment.
For supplemental and returns invoices, payment is to be made within 10 working days of presentation of the invoice. All prices quoted are exclusive of VAT at the prevailing rate. - Interest at 4% over Bank of England Base Rate (or equivalent) may be levied on late payment over 10 working days. 19. Cancellation
CB Hire reserves the right to levy the following charges in the event of a full or partial cancellation decreasing the original Order:
a) Up to 10 working days before date of hire, cancellation charge 0% of Rental
b) Within 10 – 5 working days of date of hire, cancellation charge 35% of Rental
c) Within 5 – 3 working days of date of hire, cancellation charge 50% of Rental
d) Within 3 working days (72 hours) of date of hire, cancellation charge 100% of Rental
Cancellation must be provided in writing by fax or email to enquiries@cbhire.co.uk
Deposits will be offset but not refunded in the event of cancellation. - Electrical/ LPG Appliances
All electrical equipment is subject to an annual P.A.T. test and subjected to visual and practical testing prior to each hire. All LPG equipment is subject to an annual GasSafe test and subjected to visual and practical testing prior to each hire.
The Hirer undertakes to ensure that no-one uses the equipment who is not instructed in its safe and proper operation and to ensure that every user is in possession of instructional material (if any) supplied by CB Hire and will not allow equipment to be misused. - Purchases
Title of goods shall only pass to the buyer when payment for such goods is received in full, within the agreed trading terms by CB Hire. - Jurisdiction
Any Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non- exclusive jurisdiction of the English courts. - Confidentiality
CB Hire will not disclose Hirers’ information to third parties other than when Order details are processed as part of the Order fulfilment. CB Hire will endeavour that the third party will not disclose any of the details to any other third party.
22 March 2024
