Conditions of Hire
1. Delivery and removal of equipment
The Hirer authorises Luscious Slushi Ltd, “the Owner”, or its Distributors to bring its vehicle onto his property to deliver and to recover the equipment at the end of hire. The Owner shall not be responsible to the Hirer nor third parties for any damage that may be done to driveways or underground services by any reason of the weight of the vehicle. The Hirer is fully responsible for equipment until picked up from site by the Owner or until dropped off by the Hirer.
2. Hire Period
Hiring commences from the date shown on the hirer’s invoice which is the date the equipment leaves the Owner’s premises or is delivered. The hiring shall terminate on the date stated by the Hirer on the hirer’s invoice.
3. Owners right to Hire
The Owners may terminate the hire at any time without reason by giving the Hirer 48 hours written or email notice. Such notice may be given either by personal delivery, by post, or by email to either the job address or any other address of the Hirer specified on the booking form. In the case of notices posted to the Hirer the period of notice shall commence to run from the time at which the notice would have been delivered in the ordinary course of the post. The Owner shall not be responsible to the Hirer for any loss arising as a result of such termination.
Notwithstanding termination of the hiring the Hirer shall be obliged to pay the Owner a sum equivalent to the hire fees at the rate specified herein in respect of any period from the date of termination of the hiring until the equipment is actually returned to the Owner’s premises.
4. Hiring charges
Equipment is hired on daily and overnight rates. The minimum charge for any hiring will be the rate for one day irrespective of the length of time. Delivery charges may apply.
5. Bond and Payment
A bond is required before hiring commences. An appropriate refund will be made to the Hirer on return of the equipment in good order and condition. Should total repair costs exceed the amount of the bond the balance is payable by the Hirer within seven (7) days following invoice.
Payment for hire is payable in full prior to hire date; otherwise, hire may be canceled by the Owner. Cash on delivery is not accepted.
The Hirer by accepting the goods and services agrees to the terms and conditions as laid out by the Owner and agrees to pay any cost of collection and all legal fees incurred by the Owner in the event of legal action becoming necessary.
6. Care of the Equipment and Breakdowns
The Hirer shall take proper care of the equipment and shall indemnify the Owner against any damage or loss or from theft. The Hirer must reimburse the Owner in full for any damage or loss immediately upon termination of hire.
The Hirer warrants that he is competent to use the equipment in the way it is designed. Breakdown resulting from misuse shall not in any circumstances shorten the period of hire.
It is the Hirers responsibility to satisfy himself that the equipment is suitable for the work intended and that it is used in a way that complies with all statutory requirements.
The Hirer agrees to provide a sturdy surface, suitable electrical source and covered area for equipment. The Owner reserves the right to determine suitability and may provide sturdy table, etc at cost to the Hirer.
The equipment does not purport to be new stock or equal to new, but when sent out all items are understood to be in good condition and fit for normal use.
A call out fee may apply if machine is taken to a location different to stated location when booked or delivered.
The Owner is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of the equipment howsoever caused. In the event of breakdown the Hirer must immediately notify the Owner by telephone.
7. Injury or Damage to Hirer or Third person or property
The Hirer shall not have any claim against the Owner for loss or damage suffered by the Hirer as a result of the Hirer’s use of the equipment and further the Hirer will indemnify the Owner against any claim by a third person in respect of any loss, injury or liability arising from this hiring or arising out of the use of the equipment hired by the Hirer.
8. No assignment of hire agreement
The hirer shall not sublet the equipment to any other person.
9. No warranties by Owner
The Owner makes no warranty or representations as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied by the description of the equipment on the face of this form. All implied warranties and conditions as to the state, quality, or fitness of the equipment for any purpose are hereby excluded.
10. The person signing the invoice for and on behalf of the Hirer (if not personally the Hirer) warrants that he has the authority of the Hirer to make this contract on the Hirer’s behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. The person so signing hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner arising out of the person so signing the agreement failing to have such power of authority.
11. The Hirer shall forthwith on request by the Owner advise the Owner of the whereabouts of the equipment and allow the Owner or its agent or servants reasonable time to inspect and test the equipment and for such purposes the Hirer hereby gives irrevocable leave and licence to the Owner its servants and agents to take possession of the equipment remove the same and to enter upon the premises where the equipment or any of the same or any part thereof may be.
12. The Owner provides the Hirer, or person on behalf of the Hirer, operating instructions on how to properly use the equipment. The Hirer agrees to be on hand, or to have their person on behalf of Hirer, available for instruction. If said equipment does not function properly due to Hirer, or person on behalf of hirer, error, the Owner will not refund any hire fees.
13. Cancelation Fees
The Hirer agrees to pay a cancelation fee in the amount of said bond if event is canceled within five (5) days prior to the hire period.