T's and C's
These terms and conditions shall apply to all tents and related accessories supplied by Lotus Belle Tents Ltd. (“Lotus Belle.”) These statements apply in addition to other material provided on the website. Please read them carefully before placing your order and print a copy for future reference. By placing an order with us or agreeing to delivery of one of our products, you are agreeing to accept these Terms and Conditions. Your order is considered accepted once the product is dispatched.
In these terms and conditions "you", "your", "yours" and "yourself" are references to any person ordering goods from Lotus Belle , and “the company”, "we", "our" and "ours" are references to Lotus Belle.
1. HOW TO PAY:
You can buy online through our PayPal payment gateway which includes payment by major credit cards as well as by PayPal itself. (See the 'how to order' section on the website.) Or by electronic bank transfer, which we prefer.
All goods advertised for sale are subject to availability. Our website will normally ensure that the “out of stock” sign goes up as soon as we sell out of individual products. In the rare event that we are unable to supply the goods shown as available on the website, perhaps due to an error in the warehouse stock count, we will contact you as soon as possible. Where for any reason, products are not available, we may propose to provide you with similar products of similar quality and price. The choice is yours. If you do not wish to accept a substitute product, we will return any funds paid as soon as possible. If for any other reason we cannot accept your order, we will refund your payment as soon as possible.
Sometimes product specifications from the manufacturer may change in a very minor way without prior notice. Any significant changes will be notified on this website.
All colours, sizes, weights and measurements shown on the website are approximate but every effort is made to ensure that they are as close as possible to what is shown.
We like to accommodate everyone and understand things can happen, but cancellations affect our business too. Therefore cancellation of pre- orders will be charged at 10% of the value of the order.
All prices are shown in UK GBP. Prices may be changed from time to time without notice but all orders (including deposits) will be fulfilled at the price listed at the time the order is placed. Freight charges are extra. (See “Shipping” section.)
If you wish to order 5 or more products, please contact us as there may be a discount available for multiple purchases, at Lotus Belle’s discretion and subject to availability.
a. Unless otherwise stated, surface (not air) shipping costs from our fulfilment centre in Bristol will be charged in addition to the price of the products. Shipping costs will vary according to the delivery address, weight and size of the products ordered, and the method of shipping preferred by the buyer. Our shipping companies will generally be well known carriers selected for cost and service quality. Their charges are passed directly on to our customers. We use standard delivery unless you ask for an urgent delivery.
- Orders will normally be dispatched within 2 business days of being ordered. We will send you by email the estimated time of arrival (ETA) and tracking details from the carrier as soon as products are dispatched, but we cannot guarantee ETA or tracking details as the accuracy of these is in the hands of the carrier. Sometimes shipments are delayed in transit despite best endeavours by all parties.
- We also ship to most overseas countries. Just contact us for a quote. Orders for offshore addresses may be sourced from authorised Lotus Belle distributors in those overseas countries if that means quicker delivery and lower shipping and related costs for you. We will inform you if we intend that your order for an overseas country is to be handled by a Lotus Belle company outside the UK. If we do not have a distributor in the destination country, we can arrange freight but separate arrangements may need to be made by you for clearing the shipment through Customs in that country or you agree to meet those costs. Lotus Belle will not normally be responsible for import duties or other charges in the destination country.
- For further shipping information please see our ‘Shipping’ page.
- Your tent will arrive in a nylon transit bag – this bag serves only as packaging and is not a part of your purchase. It is possible that these will be damaged in transit, we do not replace or repair this outer packaging. The canvas bag within your larger transit bag is for keeping.
DAMAGE IN TRANSIT: If you take delivery of a Lotus Belle package and the contents have been damaged in transit, you should notify Lotus Belle immediately by email. We will offer/ issue a full refund once the package is returned to us for inspection, including the normal cost of return shipment. Alternatively we can pay for repairs if the damage is minor and we agree to handle it that way.
- WARRANTY for DEFECTS.
- Lotus Belle offers a limited warranty for components of products as described below which are found to be faulty for up to one year from the date that you receive the products.
- All components of the tent or related product are covered by this warranty against manufacturing defects. We would normally ask you to provide online photos of the problem. If we agree to replace or repair the problem components, we will supply replacement components as soon as we are able to do so (we may need to source these from a manufacturer) and pay reasonable charges for the repair or installing the replacement part if that is required to fix the problem. If the problem is very serious we may arrange to have a replacement product issued at our discretion. We may require faulty goods to be returned to us for inspection, at our cost.
- The warranty does not cover damage done by inappropriate or unlawful use of the product as described in Section 11 (“Responsible use of Lotus Belle Tents and related products”) and Section 12 (“ If our Products are used by Members of the Public”) set out below. The warranty may not apply if the product has been altered or modified in a way which might affect the performance of original components.
- This limited warranty is provided by Lotus Belle Tents UK Limited of 1 St Anne’s Terrace, St Anne’s, Bristol, BS4 4DY, United Kingdom. In the event of any need to contact us about this warranty, please email us at email@example.com.
- UK laws require all of the above information about a limited warranty offered by a seller of products to be disclosed to potential buyers and to be written in plain language. We have endeavoured to provide all information which may be required by law and which a prospective buyer might reasonably need in these terms and conditions and elsewhere on this website. Please contact us by email should you have any additional questions.
- RETURNS and REFUNDS POLICY:
All sales are final. Unless there is a serious defect in the product or significant damage in transit we do not offer Returns and Refunds. (Refer sections 6.d and 7 above for our policies on damage in transit and defective products.) We hope you will appreciate that our tents are large, heavy products not amenable to returns and as such we do not accept returns unless there is very good reason to do so. If you decide after ordering or receiving the product that you do not want it and wish to dispose of it, then it is your responsibility to find a buyer or another recipient for the product.
If for any reason we owe you a refund, we will notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within approximately 3 weeks of receiving our email, or if products are to be returned to us, within 3 weeks of us receiving the returned product.
We are not obliged to refund any part of any item that has been opened and/ or used.
- REFUND OF DEPOSITS DUE TO DELAYS.
A full refund of a deposit will only be made if Lotus Belle fails to deliver an item within the timescale quoted at the time of the order. No deposit refunds will be offered under any other circumstances. If a factory shipment to our fulfilment center is delayed, we may ask you to accept a later delivery from us, but that is your choice. If you do not agree to a later delivery, we will refund your deposit in full.
11. RESPONSIBLE USE OF LOTUS BELLE TENTS and RELATED PRODUCTS
- Because we have no control over how our tents and other products are used, we cannot be held responsible for injuries to users or damages to the tents in use such as caused by adverse weather (including high winds and flooding) or by unwanted animals, wildlife or other pests entering a tent or by acts of God. Users need to exercise care in selecting a camp site and in using the product.
In relation to weather damage, Lotus Belle cannot be held responsible for injury to users or damage to our tents or their contents for tents left up in inappropriate weather conditions such as high winds or in low lying areas subject to potential flooding or by falling trees or power lines. Please heed weather warnings. Lotus Belle tents are made from quality materials and our experience is that a properly erected Lotus Belle tent can withstand a range of weather conditions. However, we cannot offer guidance on that because it depends on factors such as how well our instructions were followed in erecting the tent, how well the tent pegs were hammered to the ground, how soft the ground was at the time and how sheltered the site was at the time.
- Use of appliances in tents such as stoves or other cooking or heating devices:
Please note that use if stoves or other appliances are operated within the tents, that is completely at the users own risk. Lotus Belle cannot be held liable or responsible for any injury or damage caused by the operating of any fuel or electrical appliances within the tent or nearby. Contact your local regulator for applicable fire rules and safety recommendations.
- Similarly we cannot be responsible for any accident or personal injury to users of our tents. Users should take their own reasonable precautions given the nature of these products as would be taken by a prudent user, for example to avoid tripping on tent guy ropes.
- IF OUR PRODUCTS ARE USED BY MEMBERS OF THE PUBLIC
If our products are used for hire to the public, for other commercial purposes, for hospitality or for any other purpose by person who was not the buyer of the products and you find a fault which causes you to issue refunds to your own customers, or paying damages to other people due to injury or any other reason, Lotus Belle will not be responsible for reimbursing those losses. Likewise, should you experience damage to reputation or loss of business through product fault or any other reason, Lotus Belle shall not be held responsible for any costs incurred or profits lost. In certain circumstances, entirely at our discretion, we may offer to replace products or make a refund – the maximum amount refunded will not exceed the price paid by you. Lotus Belle shall not accept responsibility for injuries caused through improper use of our products – it is your responsibility to pitch correctly, check parts regularly, and check weather reports for the event you are attending. If our products are to be used by members of the public, you should have your own public liability insurance to cover all eventualities.
- PRIVACY AND USE OF CUSTOMER INFORMATION
We will take all normal precautions to protect the privacy of any customer information we have. We will not supply customer information to any other person for any purpose.
14, NOTE ON AGREEMENT BETWEEN PARTIES.
These terms and conditions shall constitute the entire agreement between the parties. No variation of these terms and conditions shall be valid unless it is in writing and signed by the parties concerned.
- 15. CHANGES TO TERMS AND CONDITIONS
We may change these terms and conditions from time to time without notice. Any changes will apply to all products supplied after the change to our terms and conditions
A full detailed guarantee will be provided with your tent. It is valid for one year from the date the tent arrives at your door.
Your guarantee will cover manufacturing faults - i.e. inadequate stitching, badly fitting pole etc. It will not cover use at festivals, any self inflicted damage such as tears in the canvas itself, damage caused by extreme weather (it is your responsibility to check the forecast and decide if the weather is appropriate for camping: we do not reccomend pitching in strong gale force wind or above - thats 40+ mph wind), and we cannot cover damage caused whilst the tent is unattended.
We do not guarantee against mould as this is caused by environmental factors rather than manufacturing fault. We will provide you with a full and detailed list of instructions on how best to prevent mould.
It is highly unlikely that you will need the guarantee as the manufacturing quality is superb, just look after it well and it will last you a lifetime!
Terms & Conditions
The “Contract” shall be interpreted and applied in accordance with English law and the parties to this Contract agree to submit to the exclusive jurisdiction of the English courts
“Company”, “We”, “Our”, “Us” , “Crew” means Lotus Belle Tent Hire, their sub-contractors and agents.
“Client”, “You”, “Your” means: The named hirer of equipment.
“Site” means the hire location for wet hire. If dry hire there is no specified site.
“Delivery date” means the pre arranged date on which the Work will commence.
“Supply Date” means the date or dates on which the Event takes place.
“Production Schedule” means the pre-agreed itinerary and schedule of Work required to successfully execute the Event.
“Event” means the activity for which the Work is being undertaken.
“Invoice” means the paperwork detailing equipment, crew, trucking, payment terms and costs which will be provided by the Company to the Client together once final specification / costing’s are agreed.
“Deposit”, “Cost”, “Payment Terms“ have the meanings as set out in the Invoice.
“The Equipment”, means the goods, components and other items hired or sold by the Company as detailed in the Invoice.
“The Work”, means the installation of the Equipment on the Delivery Date and the operation of the Equipment on the Supply Date with Equipment and Crew as set out in the Invoice and in line with the Production Schedule.
The Company Undertakes
- To deliver the Equipment on the Delivery date and to carry out the Work:
- a) with all Equipment supplied as per the Invoice in good working order;
- b) with utmost care and to a professional standard;
- c) within the agreed Production Schedule;
- d) meeting all health and safety regulations.
- To dismantle and remove the Equipment from the Site as soon as reasonably practicable after the Supply Date.
The Client Undertakes
- To pay the Deposit and to pay the balance in accordance with the Payment Terms set out in the Invoice.
- To provide the Company a reasonable period of time before the Delivery Date with an accurate plan of the Site showing all relevant services and any apparent obstacles which may affect the delivery and/or erection of The Equipment and the position on the Site in which the Equipment is to be erected and to advise the Company of any alterations in the Site of which it is aware that may take place after the date that the plan is provided.
- To give notice to or obtain any necessary permit from local authorities and/or the Site owners prior to erection.
- To secure the Site and restrict public access during the erection and dismantling process.
- Not to tamper with the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior consent.
- In the event of our property being stolen, destroyed, damaged beyond repair, or otherwise made unusable whilst in the possession of the Client, the Client will be responsible for paying the full retail value of all lost or damaged equipment. The hire price paid in advance will not be deducted from this cost.
- Should the loss of the stolen/ damaged/ lost structure as listed in 6. impact on future business for Lotus Belle Tent Hire/ The Company, the Client will be responsible for reimbursing the Company for all lost earnings in the 6 weeks following the loss of property. A penalty charge for damage to reputation may be necessary in some circumstances, or a fee to cover the hire of alternative structures to fulfil the requirements of other pre-booked events.
LOTUS HIRE TERMS AND CONDITIONS
1.1 In these conditions the following words have the following meanings: means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;
“customer” means the person, firm, company or other organisation hiring Hire Goods;
“deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub- contractors, lock- outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Hire Goods” means any tents together with any accessories specified in a Contract which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire repossession or collection of Hire Goods by the Supplier;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier; is current from time to time during the Hire Period;
“Supplier” means LOTUS HIRE and will include its employees, servants, agents and/or duly authorised representatives; means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.
2. Basis of Contract
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall
not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau or if based in the Republic of Ireland your local office of the Director of Consumer Affairs or Citizens Information Centre.
3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
3.2 The Customer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. If the Supplier has agreed monthly credit terms with the Customer, invoices from the Supplier to the Customer must be paid by the last day of the month following the date of the invoice. If no credit terms are agreed placed or, if agreed in advance, when the Hire Goods or Products are delivered. ted, exclusive of any applicable VAT for which the Customer shall additionally be liable.
3.4 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. 3.5 *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 2.5% per month whichever is higher. Where the Supplier is entitled to claim compensation for debt recovery costs from the Customer, the Supplier may also exercise its statutory right to claim compensation charges ranging from £40 to £100, depending on the amount overdue, under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. 3.6 *The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.7 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer
exceeding its credit limit or the credit limit is already exceeded.
3.8 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Hire Goods as a form of deposit, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
4. Risk Ownership and Insurance
4.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.
4.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
4.5 The Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goo
5. Delivery, Collection And Services
5.1 It is the responsibility of the Customer to collect the Hire Goods from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.
5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of except to the extent that the persons performing the Services are negligent.
5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and -contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.4 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
6. Care Of Hire Goods
6.1 The Customer shall:- 6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer; 6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods; 6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks; request provide details of the location of the Hire Goods; 6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated; 6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier; 6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services; 6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods; 6.1.9 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and 6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
6.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
7.1 Allowance will be made in relation to the Rental to the Customer for any non- use of
the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier as soon as practicable of the breakdown.
7.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of negligence, misdirection and/or misuse of the Hire Goods.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
7.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
8. Loss Or Damage To The Hire Goods
8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.
8.2 The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with these conditions.
8.3 The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2 above.
9. Termination By Notice
9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the
expiry of that fixed period unless agreed with the other party.
9.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
9.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.
9.4 The Supplier shall be entitled to terminate the hire of the Hire Goods by to the Customer.
10. Termination By Default
10.1 If the Customer:- 10.1.1 fails to make any payment to the Supplier when due without just cause; 10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; 10.1.3 persistently breaches the terms of the Contract; 10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract; 10.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction; 10.1.6 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction; 10.1.7 appears reasonably to the Supplier be financially inadequate to meet its obligations under the Contract; and/or 10.1.8 appears reasonably to the Supplier to be about to suffer any of the above events; then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
10.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer then:- 10.2.1 except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods and/or Products owned by the Supplier may be and repossess any Hire Goods and/or Products; 10.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer; 10.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or 10.2.4 *all monies owed by the Customer to
the Supplier shall immediately become due and payable.
10.3 Any repossession of the Hire Goods and/or Products shall not affect the omer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods and/or Products. 10.4 Upon termination of the Contract the Customer shall immediately: 10.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and 10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract
11. Limitations Of Liability
11.1 *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.2 *If the Supplier is found to be liable in respect of any loss or damage to the retail cost of replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.
11.4 *The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.
11.5 The Supplier shall have no Liability for additional damage, loss, liability, use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
11.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
11.7 *The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the and all rights of subrogation they may have against the Supplier.
11.8 The Supplier shall have no Liability to the Customer for any:- 11.8.1 *consequential losses (including loss of profits and/or damage to goodwill); 11.8.2 economic and/or other similar losses; 11.8.3 special damages and indirect losses; and/or 11.8.4 business interruption, loss of business, contracts and/or opportunity. relation to any Contract shall not exceed 5 times the amount of the Rental and whichever is the higher. To the
extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.
11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of: 11.10.1 Liability for breach of contract; 11.10.2 *Liability in tort/delict (including negligence); and 11.10.3 *Liability for breach of statutory and/or common law duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
11.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to th any other type of Liability which it is not permitted to exclude or limit as a matter of law.
11.12 The Provision and Use of Work Equipment Regulations 1998 requires the Supplier to provide all of the necessary components to erect tower scaffold accept Liability for accident or injury caused by the use of incomplete towers, or failure to erect the tower scaffold in accordance with ma instructions.
12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.
12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
12.4 *The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
12.5 *No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.6 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be
extended for a period equal to the period that such event or events delayed such performance.
12.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.