ABBEY CATERING EQUIPMENT HIRE LIMITED
Terms and Conditions
In these conditions
the “Customer” means the person whose name is shown on the Order Form
“the Equipment” means the equipment set out in the Order Form to be hired by the Company to the Customer under the terms of this agreement and shall include all packaging and containers
the “Company” means Abbey Catering Equipment Hire Limited (Company Registration Number 06830542)
“the Writing” means e-mail facsimile transmission and letter
The Laws of England and Wales shall govern this Agreement. Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
The headings in these conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF HIRE
2.1 The Company shall hire to the Customer the Equipment in accordance with the Order Form which will be accepted by the Customer or in a written order of the Customer which is accepted by the Company and which in each case is subject to these conditions only.
The Company's employees or agents are not authorised to make any representations concerning the Equipment and the Customer acknowledges that he does not rely upon any such representations (if any)
The price for the hire of the Equipment is as detailed in the Company's current price list issued from time to time by the Company and as are current at the time of the date of the Order Such prices may be subject to the addition of vat at the rate from time to time applicable at the time of the Order which shall be payable by the Customer to the Company in addition to the Price.
The minimum sum of the Deposit shall be £50.00 or such other sum from time to time as the Company shall deem appropriate which shall be paid by the Customer to the Company on the date of the Order.
If any payment under this Agreement is paid by the Customer to the Company by credit card then an additional sum of 2% of the amount paid shall be added to that amount.
It is a condition precedent of this Agreement that payment in full of the price less any Deposit plus the Security Deposit shall be paid to the Company by the Customer at least 7 days (time of the essence) prior to the Delivery Date.
Payment by cheque must be supported by a cheque guarantee card and evidence of identity and address supplied.
Payment of any sum owed by the Customer to the Company may be made by direct electronic payment into the Company's bank account details of which will be supplied to the Customer on receiving a written request.
3. ORDERS & SPECIFICATION
No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company.
The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order.
The delivery of the Equipment shall be made by the Company to the Customer at the Place of Delivery on the Delivery Date and the Customer shall ensure that his authorised representative shall be available to accept delivery
The Customer accepts responsibility and all risks for the Equipment from the time of delivery until the time that the Equipment is checked by the Company after the Collection Date.
The Customer will have 24 hours from the time of delivery to advise the Company by telephone of any defect in the Equipment delivered prior to use time being of the essence. If such notice is not given within that time limit then the Equipment is deemed to be delivered to the Customer without defect
The Customer shall be responsible for the cost of any item damaged whilst the Equipment is the responsibility of and at the risk of the Customer
If any item of Equipment is notified by the customer to the Company to be defective within the time limit set out in paragraph 4.3. hereof then the Company shall provide forthwith a replacement item of the same or similar nature and which shall be as near as possible to that supplied
If the cost of any item of Equipment damaged by the Customer is less than the amount of the Security Deposit then the balance of the Security Deposit shall be returned without interest to the Customer by cheque within 7 days of the Collection Date.
If the cost of damage of any item of Equipment damaged by the Customer shall be more than the Security Deposit then the Customer shall be notified by the Company of such cost within 7 days of the Collection Date and the Customer shall make payment of such balance to be received by the Company within 2 days of such notification.
The Equipment shall be returned by the Customer to the Company clean and ready for use (excluding linen) save and except where the Customer elects to take the Wash Up service.
If the Customer has not elected for the Wash Up Service then the Company shall charge the Customer for washing up such items not returned clean and ready for use (excluding linen) at the rate of p per small item and £10.00 per larger item [which shall include (but without prejudice to generality of this) any barbeque Equipment eating equipment trailer and other electrical and gas cooking Equipment]
If any item of Equipment is beyond being cleaned and returned to its previous condition prior to the date of delivery then the amount payable by the Customer to the Company shall be an amount of the cost of a replacement item
If the Equipment is collected from the Customer later than the Collection Date at the fault of the Customer then the Customer shall be required to pay the Company within 2 days of the date of actual collection additional hire charges at the rate of one third of the total Price per day (whether a part or whole of a day) based upon the Price divided by the number of days between the Date of Collection and the actual Date of Collection inclusive.
All packaging material and containers shall be returned by the Customer to the Company with the Equipment and any items of packaging not so returned shall be paid for the by Customer to the Company at the replacement cost of such items notified by the Company to the Customer within 2 days of the date of actual collection and paid within 2 days thereafter by the Customer to the Company.
If the Customer shall cancel this Order more than 28 days before the Delivery Date then the Deposit shall be returned by the Company to the Customer together with the Security Deposit with 3 days of receipt of such cancellation and this Contract shall be deemed to be at an end.
If this Contract shall be cancelled by the Customer to the Company by notice given within 5 working days of the Date of Delivery then the Customer shall forfeit his Deposit and the Security Deposit shall be returned by the Company to the Customer within 3 days of receiving such cancellation and this Contract shall be deemed to be at an end.
If the Customer shall cancel the Contract at any time within 5 working days of the Delivery Date then the Customer shall forfeit its Deposit and the Balance shall be payable within 2 days of the notice of cancellation by the Customer to the Company and the Company shall be entitled to set off against the Balance the Security Deposit
If the Customer is late in making any payment to the Company then the Customer shall pay the Company interest on the balance owed at any time by the Customer to the Company at the rate of 10% per annum from the date when the same became due until the date of actual payment.
Title to the goods shall always remain with the Company