Terms and Conditions
2.4 Terms & Conditions of Provision of Hire & Event Services
All Contracts, whether oral or in writing are entered into by the Company subject to these conditions.
In these Conditions:
a) The Company means Conex Exhibitions and any other Company which shall from time to time be a subsidiary or holding Company (as
defined by Section 154 of the Companies Act 1948) of Conex Exhibitions.
b) The Customer means the individual, firm, Company or other person with whom the Company contracts.
c) The Contract means any contract entered into between the Company and the Customer for the supply by the Company to the Customer of
Goods and any other services the Company agrees to provide.
The Company may assign, sub-contract or sub-let the fulfillment or performance of the Contract or any part thereof. The Customer shall not
assign the benefit or burden of the Contract without the written consent of the Company.
d) The Equipment means any equipment along with its protective casings, bags, flight cases and associated ancillaries.
2) DESCRIPTION AND SPECIFICATION
The Company shall make every endeavor to supply the goods for hire as ordered however the Company may change the specification of its
goods for hire from time to time so that the descriptions thereof as set out in its catalogues, pamphlet, price lists or advertising literature may not
be identical and the Company reserves the right to substitute other designs of similar goods
3) QUOTATION AND PRICE
a) The Company's quotations are provisional in that they may be changed by reference to any circumstances beyond the Company's control
taking place between the date of quotation and the Customer's acceptance thereof and the Company reserves the right to change prices without
having to reprint all stationery or promotional literature whereupon prices may be quoted.
b) The Company reserves the right to increase the contract price whether before or after the making of the Contract in circumstances where the
Company reasonably believes that the Customer has under-ordered equipment or has under-estimated the rental period or the amount of work
involved in setting up equipment by the Company for and on behalf of the Customer or in any other circumstances where the Customer will
require from the Company more goods or more services in order that the Company may fulfill the Contract.
c) The full contract price shall be paid by the Customer to the Company in the event of a failure of notification from the Customer to the Company
of a cancellation of an event or promotion.
d) Full contract charge shall be paid by the Customer to the Company in the event of equipment being ordered whether verbally or written but not
collected from the Company's premises.
The Equipment shall be delivered and collected at such time and place as shall be mutually agreed between the Company and the Customer. If
delivered to the Customer the signature of any person purporting to be an employee or agent of the Customer shall be sufficient evidence of
delivery. The Company shall use reasonable endeavors to comply with any time schedules accepted by the Company but will accept no liability
for non-delivery of equipment or non-arrival of technicians by a specific time or date or within a specified time from receipt of order. The
Company shall not be liable for delays due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of
nature, acts of Government, labour disputes and delays in transport.
5) TERMS OF PAYMENT
a) The Customer shall pay the contract price in full within 30 days of the date of the invoice
b) If the customer fails to pay the contract price in full within 30 days of the date of the invoice, the Customer shall immediately and without
further demand become liable to pay all sums due under all other contracts made between the Company and the Customer notwithstanding that
30 days has not elapsed from the date of the invoice of invoices in respect of all other contracts.
c) The customer shall pay interest on all sums due to the Company at the rate of 2% per month.
d) If any of the events specified in Clause 10 below occurs, the customer shall become forthwith and without further notice liable to pay the
contract price notwithstanding that 30 days have not elapsed from the date of the invoice in respect of the contract.
e) Any negotiated discount offered to the customer by the Company shall be revoked if contract payment is not made within the terms of the
a) The Company cannot be held responsible for the failure of the equipment or for any consequential loss or damage arising out of the use of the
equipment or services provided by the Company's employees hired out to the customers and the customer acknowledges that by taking delivery
of the equipment he accepts that it has been fully maintained and was in good and substantial repair before leaving to Company's premises.
b) The Company's liability in respect of any defect or failure of equipment supplied on hire is limited to making good such defect or failure by
repair or replacement at the Company's option. Equipment will be returned to the original dispatch destination. Additional costs incurred as a
result of dispatch to any other destination or as a result of priority carriage will be charged at the Company's discretion, in particular but without
prejudice to the generality of the foregoing the Company will not be liable in any way for loss, damage, loss of profits or of contracts or any other
consequential loss of any kind suffered by the customer or any third party and whether caused by negligence or otherwise resulting from any
delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries thereto or any failure, error or mistake by any technicians or
other staff of any nature provided by the Company.
7) INSURANCE a) The customer shall be responsible for any equipment lost, stolen, destroyed or damaged while in the customer's custody and shall return it to the Company in the same condition and state in which it was hired. b) Hired equipment must be insured for its replacement value and consequential loss by the customer against physical loss or damage from the time the equipment leaves the Company's premises until it is returned. Full details of the customer's insurance policy will be made available to the Company on request. The Customer will remain liable to the Company for the replacement cost of the equipment and continuing hire charge until settlement has been received by the Company. For the avoidance of any doubt the Hirers shall be liable for payment of hire charges as from the time for which the Equipment is ordered (which shall be the commencement of the hire period) until either (i) the time of its return to the Company or (ii) if the Equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such case the time of its replacement or repair and the Company undertakes to replace or repair the same as soon as reasonably possible. A 24 hour period or part constitutes one days hire. 8) ADDITIONAL OPTIONAL BENEFIT This clause is only operative if the Company has confirmed this in writing to you, prior to the supply of equipment. In consideration for an extra payment of 12% of the gross equipment rental value, it will be agreed that although you will not be party to our insurance policy and will not have any direct rights of action against our insurers, our insurers will not exercise their subrogation rights that they may have against you in the event of loss and damage to the equipment. Please note that our policy is subject to certain terms and conditions the details of which are available on request. Some of the main conditions and exclusions are shown below. Please note that any loss not paid by our insurers due to the imposition of these terms and conditions would make you fully responsible for our losses. The policy terms and conditions include the following:- a) Cover applies only within the United Kingdom and Europe. b) A limit of £250,000.00 applies in respect of transit by sea or air. c) The hirer must take all reasonable precautions to protect the equipment at all times. d) An excess on £1,500.00 applies – this will be your responsibility. e) The policy will exclude losses from unattended vehicles. f) Any possible claim must be notified to the company within 12 hours and written confirmation must be received within 48 hours. g) The policy provides for normal exclusions in respect of war, radioactivity, sonic bangs, etc. h) The customer will be responsible if the loss is not immediately reported to the police and confirmation of the police address and crime reference number allocated is provided in writing to the Company. i) The value of the equipment left at any one location is not to exceed £250,000 and equipment valued at more than £125,000.00 is not to be carried in any one vehicle. j) Equipment at venues left unattended must be secured within locked rooms which have NACOSS approved security systems connected to monitoring stations and that these systems are activated and fully operational. Equipment must not be left unattended at an unsecured venue. k) The customers will assist the Company and their insurers in dealing with any loss or claim and shall provide any documents or proof as needed. 9) OWNERSHIP AND RETENTION OF TITLE. The Equipment remains at all times the property of the Company and the Customer shall have no right, title or interest therein save that of a hirer thereof under these conditions. The customer shall not sell or offer for sale, assign, mortgage or pledge the equipment or any part or parts thereof or deal with the customers interest under these conditions which interest is personal to the customer and the customer will keep the equipment in his own possession for his own use and will not allow any lien or other encumbrance to be created in respect of the same. 10) RESCISSION OF CONTRACT If any of the following events occur: a) If the Customer fails to pay any sum due to the Company under the contract or any other contract between the Company and the Customer. b) If the Customer is in breach of any term of the contract or any other contract between the Company and the Customer. c) If the Customer enters into a scheme of arrangements with its creditors. d) If the Customer ceases to trade or suspends payment of its debts. e) If the Customer convenes a meeting of creditors pursuant to Section 588 of the Companies Act 1985. f) If a Petition is presented for the winding up or bankruptcy of the Customer. g) If the Customer resolves that it should be voluntarily wound up. h) If the Customer is dissolved pursuant to Section 652 of the Companies Act 1985. i) If a Receiver is appointed over all or any of the assets or undertaking of the Customer then the Company may at its sole and unfettered discretion (and without prejudice to any of its other rights against the Customer) by notice in writing to the Customer rescind the contract and/or suspend delivery of the goods and/or it shall thereupon be lawful for the Company to retake possession of the hired equipment and for that purpose to enter into or upon any premises where the same may be. .11) FORCE MAJEURE Every effort will be made by the Company to carry out the contract based upon their estimate but the due performance of the contract work is subject to variation or cancellation owing to an Act of God, war, civil riots, strikes, lockouts, fire, flood, storm or drought, or any other cause beyond the Company's control, or owing to the inability to procure materials or articles except at increased prices. 12) LIMITATION OF THE COMPANY'S LIABILITY The Company shall not in any circumstances be liable to the Customer or any third party for any claims in respect of loss of profits, special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to persons or property howsoever caused whether arising directly or indirectly from the hire or use of the Equipment by the Customer.
13) SPECIAL TERMS AND CONDITIONS a) The Customer shall be responsible for all losses, claims and proceedings arising in any manner whatsoever out of the Customer's possession or use of the equipment and shall indemnify the Company against all such liability, unless it has been agreed in writing that Clause 8 of these conditions is operative. b) The Customer undertakes not to interfere with or allow any other person to interfere with the mechanism or other parts of the equipment on hire and shall be responsible for any loss or damage to the equipment as a result or in consequence of interference. c) The Customer shall keep the equipment at all times in his possession and control and in an environment suitable to the equipment and upon request by the Company shall promptly inform the Company of the whereabouts of the equipment. d) The Company must be given prior notice whenever it is intended that the Company's equipment is to be used overseas or for any operation of a hazardous or unusual nature. e) Any property belonging to the Customer and left on the Company's premises will be at the Customer's own risk. f) The Customer may on no account remove, cover or deface any serial number plates, manufacturers' name plates or other identifying marks. 14) VARIATION, WAIVER AND REPRESENTATION No variation, alteration or waiver of these Conditions shall be of any effect unless made in writing and signed by a director of the Company. The Company is not bound by any warranty or representation other than as contained in these Conditions. 15) PREVALENCE OF THESE CONDITIONS These conditions shall prevail over the Customer's standard terms of contract in all cases and circumstances whatever (unless otherwise provided herein) and no term in the Customer's standard terms of contract to the contrary or inconsistent effect to these Conditions shall have any force or affect whatever. 16) CANCELLATION In the event of the Customer wishing to cancel the contract or part thereof, cancellation will be effective only on receipt by the company of notification in writing of the cancellation. The Company reserves the right to charge cancellation fees in respect of the contract cancelled as follows: a) Cancellation less than 21 days but more than 14 days before the first day of the contract period: 15% b) Cancellation less than 14 days but more than 7 days before the first day of the contract period: 25% c) Cancellation less than 7 days but more than 3 days before the first day of the contract period: 50% d) Cancellation less than 3 days before the first day of the contract period: 100% 17) SEVERANCE If at any time one or more of the provisions of these Conditions becomes or is held illegal or unenforceable in any respect, the enforceability of the remaining provision hereof shall not in any way be impaired or affected thereby. 18) GOVERNING LAW English Law and the Company govern the Contract and the Customer shall submit to the jurisdiction of the English Courts.