Terms Of Business
In these Terms of Business and any Quotation:-
“Terms” means these Terms of Business; “Quotation” means the quotation signed by both The Bar Service and the Client;
“The Bar Service” or “we” or “us” means REAH Ltd and “Client” or “you” means the person, company or entity that purchases the Services;
“Equipment” means, as part of the Services, the equipment specified in the Quotation and/or REAH's invoice;
“Services” means the Hire of Equipment together with any other services as described in the Quotation and/or invoice;
“Breach” means that you fail to perform or observe any of your obligations under a Contract or are otherwise in breach of a Contract,; and
“Writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.
Words and phrases in these Terms shall have the same meanings as in the respective Quotation and vice versa, unless the context requires differently.
1. Any contract made between The Bar Service and you, the Client (“Contract” or “Contracts”) shall incorporate and be subject to these Terms together with the respective Quotation; any other terms which you may seek to incorporate into a Contract are hereby expressly excluded.
2. No instruction placed by you with us (whether in response to a Quotation or not) shall be binding on us unless and until it is accepted by us in writing.
3. All the terms of a Contract shall be those contained expressly in or by reference to the respective Quotation together with these Terms. A Quotation may only be amended with the prior written agreement of both parties.
4. Any representations or warranties whether written or oral made prior to the acceptance by you of our Quotation are expressly excluded.
5. The price for the Services (the “Price”) shall be as set out in our Quotation or invoice but we reserve the right at our option by giving notice to you at any time before delivery, to increase the price of the Services to reflect any increase in the cost to us which is due to any factor beyond our control, any change in delivery dates, quantities or specifications for the Services which are requested by you, or any delay caused by any instructions or failure of you to give us adequate information or instructions.
6. The time of payment shall be of the essence of these Terms. If you fail to make any payment on the due date in respect of the Price or any other sum due under these Terms then the we shall, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, have the right to charge the you interest on a daily basis at an annual rate equal to the aggregate of five per cent and the base rate of HSBC Bank plc from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
7. Any cancellations must be received at our office in writing and will be deemed to have been received on the day the cancellation notice arrives. The wide availability of facsimile equipment means that we will not accept claims to have previously sent notification by the Royal Mail. If a cancellation is made up to 21 days before the agreed commencement of the hire, no charges will be incurred unless we have already committed to special purchase(s) for the Contract. In such case we reserve the right to pass on those costs to you. For Contracts cancelled between 8 and 21 days prior to the agreed commencement date a hire charge of 66% of the Quotation Price will be levied. Any Contract cancelled within 7 days of the agreed commencement date will be subject to a charge at 100% of the Quotation Price.
8. Unless agreed in writing Equipment hire charges do not include carriage. Any expenses incurred by us in delivering or recovering Equipment or attempting the same, will be paid by you. Where carriage charges are quoted by us, such charges will include only for the time required to load or unload from the nearest practical point of access to the Event Address. Our drivers are not instructed to deliver or collect Equipment more than 5 metres from the delivery vehicle or above ground level, unless previously agreed in writing within the terms of the contract. Hirers must notify us of any perceived difficulty in vehicular access. Further time or attendance will be paid for by you. We reserve the right to levy additional charges for deliveries and collections requested outside of normal working hours – our normal working hours are Mon-Fri 8.30 a.m.–5.30 p.m.
9. Except in respect of death or personal injury caused by the our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express term of these Terms, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by us, our servants or agents or otherwise) which arise out of or in connection with the supply of the Services.
10. The Bar Service may assign a Contract or any part of it to any person, firm or company. You shall not be entitled to assign a Contract or any part of it without our prior written consent.
11. With effect from the Installation Date and, in consideration of the Price being paid in accordance with these Terms, we shall use reasonable care and skill to provide the Services expressly identified in the Quotation or as we may otherwise agree with you in writing. We shall use all reasonable endeavours to complete our obligations under a Contract, but time will not be of the essence in the performance of these obligations.
12. Unless otherwise stated, the Price does not include value added or similar sales taxes (“VAT”). Where the Services are subject to VAT, the Price will be increased by the amount of such tax and Regency reserves the right to issue VAT invoices at any time.
13. Whilst every reasonable effort will be made by us to keep to the agreed delivery times, such times shall not be of the essence in these Terms and we do not accept any liability for any costs or loss incurred through any failure on our part to keep to such times.
14. Your responsibility for the Equipment commences on receipt of the Equipment by you or your agent or on delivery as requested and ends when you are in possession of the our unqualified receipt for all the Equipment. You will not sell or otherwise part with control of the Equipment.
15. You will at all times, and in all respects indemnify us against and from any and every expense, liability, financial loss, claim or proceedings whatsoever and in respect of any personal injury whatsoever or damage to or loss of any property whatsoever (other than the Equipment itself which shall be governed below) arising out of or in connection with or consequent upon the delivery, use, non-use, repossession, collection, return or non-return of the Equipment or any part thereof. Nothing in this clause shall affect your statutory rights or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977.
16. You will ensure that anyone who uses the Equipment is properly instructed in its safe and correct use. You will not carry out any modification to any electrical part of the Equipment without our express permission and all work will be conducted by a competent qualified electrician and will be in accordance with the Electricians at Work Regulations 1999.
17. You will ensure that the Equipment remains safe, serviceable and clean. Any breakage or unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to the our premises for examination or when rectification elsewhere is requested and you agree to pay carriage if required by us if the equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any persons, you must notify us immediately.
18. None of the Equipment may be removed from any Event Site originally specified by you or from any subsequently authorised site without the authority.
19. You agree to pay The Bar Service the full replacement cost of replacing any of the Equipment which is lost or stolen or damaged beyond economic repair and without any deduction for usage, wear and tear or age and should insure the goods on this basis. All monies received by you from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment shall, to the extent that any payment is due to us under this Condition, be held in trust by us and paid to us on demand. You shall not compromise any claim without the express consent of The Bar Service.
20. You accept full responsibility for the care and safekeeping and return in good order of all of the Equipment. All crockery, cutlery, glassware etc. must be thoroughly scraped clean, by you and may be returned unwashed.
21. Unless previously agreed by us, you will pay to The Bar Service all costs incurred by us in rectifying the condition of any of the Equipment returned damaged or unclean. Additionally, you will pay to The Bar Service a charge equating to the financial loss to us until such rectification is complete.
22. On termination of the hire, any breakages, shortages or damage to equipment will be charged at a replacement cost at the time of termination. Replacement will be like-for-like or the nearest compatible equivalent.
23. In the case of any of the Equipment which is lost or stolen or damaged beyond economic repair you will in all cases meet the your obligations under these Terms regarding insurance proceeds. Additionally, in any case where the loss, theft or damage aforesaid results from any Breach or negligence on your part, you accept liability to pay for all financial loss to Regency until the liability is discharged by any insurance. Your liability under this clause shall be without prejudice to any other rights of The Bar Service.
24. Any Contract will run for the prescribed period and will terminate with the collection of all of the Equipment and its examination upon return to The Bar Service depot, unless you should be in Breach and fail to remedy that Breach within 7 days of written notification of the Breach; or commit any act of bankruptcy or insolvency or otherwise indicate you are unable to meet the contractual payments as they fall due. The Bar Service will be entitled to repossess the Equipment or part thereof. Such termination shall not affect the right of The Bar Service to recover from you any monies due under a Contract or damages for breach thereof. Should you wish to terminate a Contract prematurely The Bar Service will require compensation for loss of revenue for the duration of that Contract.
25. You hereby authorise The Bar Service (upon production of this document) to enter upon any land or premises wherein we reasonably believe any Equipment, or any part thereof, to be, and in so far as The Bar Service in its absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
26. Any failure by The Bar Service to enforce any or all of these Terms shall not be construed as a waiver of any of our rights hereunder.
27. The Bar Service shall retain control over the manner and means in which it shall perform the Services including which staff and resources are allocated and in all respects our relationship with you and that of any of our staff shall be that of an independent contractor and not as an employee or employees.
28. The Bar Service will provide the Services in accordance with generally and currently accepted mobile bar services and equipment hire practices. This warranty is in lieu of all other warranties either express or implied.
29. If you are in Breach you will be deemed to have repudiated all Contracts and all sums owing to The Bar Service on any account shall become due and payable forthwith without any requirement for any notice to be given.
30. You shall not be entitled to withhold payment of any amount due and payable to The Bar Service under any Contract because of any dispute or claim by you in respect of faulty Services or any other alleged breach of a Contract by us except and to the extent only that you have reasonably and properly queried our invoices nor shall you be entitled to any set-off against any amount payable under any Contract, any monies which are not then due and payable by us or in respect of which we dispute liability.
31. The Bar Service aggregate liability to you under any Contract or otherwise arising whether from negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective or undelivered Services which give rise to such liability, in respect of any occurrence or series of occurrences, as determined by the Price invoiced to you.
32. The Bar Service shall not be liable for any consequential loss to you including any expense, liability, loss, claim or proceeding whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability, or lawful repossession of any of the Equipment, or any part thereof or any breakage or stoppage of same.
33. The Bar Service shall not be liable to you or be deemed to be in breach of a Contract by reason of any delay in performing, or any failure to perform, any of the our obligations if the delay or failure was due to any cause beyond the our reasonable control (including, without limitation, imposition of government regulations or orders, war, civil disorder, fire, adverse weather conditions, theft, industrial dispute, delay by suppliers, carriers or other sub-contractors or inability to obtain materials, labour or services from usual sources) howsoever caused or arising.
34. The Bar Service confirms that none of the Equipment it supplies present a hazard to health and safety when properly used for the purpose which they are designed and if you follow any manufacturer’s instructions and take reasonable and normal precautions in their use.
35. You hereby undertake to pay to us (on the basis of a full indemnity) all costs, charges and expenses incurred by us in collecting or attempting to collect any of your indebtedness to us.
36. The Bar Service reserves the right to amend any or all of the Terms without prior notice. None of the above Terms affect your statutory rights but to the extent permissible by law all implied terms, whether by statute or otherwise, are excluded.
37. Should any of these Terms be held invalid such invalidation shall not affect the validity of the remaining Terms.
38. No Contract shall confer any benefit to any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
39. Every Contract shall a) become effective as of the day of signing its respective Quotation by both parties or by their duly authorised representatives; and b) be governed by and interpreted in accordance with the laws of England and Wales and any dispute arising therefrom shall be subject to the non-exclusive jurisdiction of the English and Welsh courts.