Party Hire T & Cs

Megs and Co Hire Terms and Conditions

 

We pride ourselves on delivering excellent service and products.

We have taken all reasonable measures to represent all items and services as accurately as possible. All items and services you are using will be outlined in your invoice.

Some items are handmade and small imperfections may occur.

If you are looking to hire, please CONTACT US first to check availability. 

 

In this agreement Seller” shall mean Megs and Co and its successors and assigns.

“Customer” shall mean the Customer and any person acting on behalf of and with the authority of the Customer.

“Guarantor” means that person (or persons), or entity that agrees herein to be liable for the debts of the buyer on a principal debtor basis.

“Goods” are as defined in the Contract and Commercial Law Act 2017 Part 3 Subparts 1-6 and are the goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).

“Services” shall mean all services supplied by the Seller to the Customer and Includes any advice or recommendations.

“Price” shall mean the cost of the Goods as agreed between the Seller and Customer subject to clause 1 of this contract.

 

1. Any instructions received by the Seller from the Customer for the supply of Goods shall constitute acceptance of the Terms and Conditions contained herein.

(a) Where such acceptance by the Customer is acknowledged by means of Electronic Transmission the provisions of the Electronic Transmission Act 2002 will apply.

(b) These Terms and Conditions of Trade will take priority over any other documents tendered for agreement.

Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

2. We agree to hire the Equipment described to you on these Terms and Conditions of Hire and any supplementary terms supplied with the Equipment.

3. Any costs incurred by us in respect of the collection of an overdue account will be payable by you, including debt collection costs and interest on the amount due from the due date until the date of payment. Interest on overdue invoices shall accrue from the date when payment becomes due and daily until the date of payment at the rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
If the Customer defaults on payment of any invoice when due, the Customer shall indemnify the Seller from and against all of the Sellers costs and disbursements including on a solicitor and own client basis and in addition all of the Sellers nominees cost of collection.

4. You will take all proper care of the Equipment and shall protect it from damage or harm. You will notify us immediately if any Equipment is lost or damaged. You are solely responsible for the loss or damage of any items of Equipment and any loss or damage due to misuse shall not in any circumstances shorten the Hire Term.

5. All hired equipment is to be returned in the same state as it was hired in. The Customer shall pay for delivery/removal costs, excess use charges, damage too or loss of the equipment, confiscation charges and other fines and professional cleaning costs (if any). The Customer shall also pay for any costs and/or loss of earnings incurred by the Seller if the equipment is confiscated, or is returned late or in a damaged state such that the equipment is not available or suitable to hire to a future party. Such costs would include, but is not limited to, sub-hiring equipment from third parties, transportation of sub-hired equipment, and the resulting loss of earnings if the Seller cannot hire the equipment to any future party.

The Customer is liable for repair or replacement costs of hired equipment if it is damaged, destroyed, or confiscated in any way (which includes but is not limited to: misuse, wilful damage, accidental damage, fire, theft, graffiti while in the possession of the Hirer). This will be taken from the bond paid previously to the Seller, however if the cost of replacement exceeds the bond payment, or if no bond payment is received, the Customer will be liable for the excess above the bond payment. The Customer expressly gives permission to the Seller to recover any charges or debts owed by the Customer.

The Customer will not be liable for any equipment damaged during a storm or other ‘act of nature’ where the equipment is delivered or setup by the Seller, provided the actions of the Customer have not been negligent.

6. You will ensure that children using the Equipment are properly supervised ‘at all times’ by their parents or caregivers to ensure that all children are not injured while using the Equipment. You will comply with any supplementary terms or instructions supplied with the Equipment. You agree that we accept no fault whatsoever for any accident that occurs on, around or in any Equipment and is not liable for any loss or damage suffered by you or any liability incurred by you ‘as a result of’ the use of the Equipment or the breakdown of the Equipment, however caused. If any liability does attach to us under this agreement or in any other way, our liability shall be limited to the refund of the Hire Charges.

7. You acknowledge that we are not liable for any loss or damage whether direct or indirect, which occurs as a result of your use of the Equipment and you will indemnify us against any claim by a third party in respect of any loss, damage, injury or liability arising out of this hiring or from the use of the Equipment by, or on behalf of you.

8. This agreement is personal to you and may not be assigned nor you may not sublet the Equipment to any other party.

9. This agreement may be terminated by us at any time and without notice if any of the following circumstances occur, or if we consider (in our discretion) that such circumstances may occur:
a) The Equipment is not being properly used, or
b) The Equipment has been abused, or
c) The Equipment is not being kept properly secure, or
d) The Equipment may be lost, or
e) The Hire Charges or any other money due to us are not paid on their due date, or
f) You (being a company) has a receiver or liquidator appointed, or
g) You have committed any breach of this agreement.

10. If this agreement is terminated by us, you agree to advise us immediately the whereabouts of the Equipment and to assist us, our employees and/or agents to recover possession of the Equipment.

11. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Goods acquired from the Seller are for the purpose of a business in terms of Section 2 and 43 of that Act.

12.Except where the Seller is in breach of a supplier’s guarantee in terms of the Consumer Guarantees Act 1993, the Customer, in entering into this hire agreement, acknowledges that in all other circumstances whatsoever the Seller shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (including that resulting from the negligence of the Seller), or arising by operation of law and whether suffered by the Customer and/or any third party for any amount that exceeds the amount actually paid by the Customer to the Seller pursuant to this hire agreement.

13. Equipment may be hired from the Commencement Date to the Termination Date. The hire period begins from the time the equipment is delivered and runs until the equipment is collected by the Seller, or this hire agreement is terminated due to conditions in this agreement.

14. Delivery and removal of equipment may incur additional fees. The Customer hereby authorises the Seller to bring the Seller’s vehicle onto the place where the equipment is to be used or located to deliver, set up and remove the equipment, either on the expiry of the hire period or on the breach by the Customer of any term in this contract. Neither the Seller nor her employees will be held liable for any damages which occur during this process, including but not excluding damage to driveways/walkways, grass areas, underground services or any other damage.

Unless arrangements have been agreed in writing, the Customer must be present at the delivery address to acknowledge receipt of the equipment. The Customer agrees to ensure that any site specified on the Hire Agreement, will be clear of all obstructions to allow the Seller to erect, install or place the equipment. Any items or objects that are required, or requested by the Customer, to be moved, are done so without any liability to the Seller.

The Seller reserves the right to refuse delivery and installation of the equipment where the Seller a) deems the Property unsuitable for set up, b) deems the weather conditions as unsuitable for the safe set up and use of equipment and or c) the Customer is not present at the Property at the time specified between the parties. 

Should the Customer not proceed under this clause, the Seller may in its own discretion offer the Customer a full or partial refund of the hire price. The Seller is not liable for any compensation to the Customer or any third parties as a result of the hire not proceeding under this clause.

Deposit:

A non-refundable deposit ($50) must be received at the time of the order, unless otherwise agreed in writing. If the Seller does not receive a deposit from the Customer, the Seller shall be entitled to cancel the Customer’s order and re-hire the equipment without notifying the Customer. The client shall pay the balance of charges 7 days before the booking date, Failure to meet this requirement risks the booking being cancelled without notice or refund. 

If the Customer cancels a booking on or prior to the Commencement Date, no monies will be refunded. If the Seller's equipment or service is unable to be re-hired to another customer, then the Customer is liable for payment in full.

Bond:

The Customer may be required to pay a bond to the Seller. The bond will be returned in full, less any charges for damaged or soiled equipment. Refunds of bonds may be made up to 1 week after the equipment has been collected by the Seller.

The Customer will pay to the Seller all costs including any administration costs and fees, debt collection fees, legal fees, and disbursements incurred by the Seller in connection with the exercise or attempted exercise of any of its rights and remedies under this hire agreement, including but not limited to, late payment of accounts.

For bookings made within 5 days of your event we suggest you call 0210 271 9129 to ensure we can cater for your event at short notice.