STANDARD TERMS & CONDITIONS SUPPLY OF HIRE EQUIPMENT

Version: May 27th, 2020

 

  1. DEFINITIONS

1.1 In these Terms:

the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:

“Additional Chargesmeans charges applicable to the provision of the Equipment which are charged in addition to the Charges including those additional costs and expenses referred to in these Terms;

“Chargesmeans the charges set out in the Contract or if no charges are detailed in the Contract, The Party Keg Company standard charges for the relevant Equipment in force on the date The Party Keg Company issues a written acceptance of the Order to the Hirer;

“Commencement Datemeans the date on which the relevant Contract is formed in accordance with clause 3.2;

“Contractmeans the contract between The Party Keg Company and the Hirer formed in accordance with clause 3.2;

“Damage Waivermeans the optional waiver of liability for payment by the Hirer for damage to Equipment as set out in clause 7;

“Damage Waiver Plusmeans the optional waiver of liability for payment by the Hirer for loss or damage to Equipment as set out in clause 7;

“Equipmentmeans the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such

equipment and all related accessories, manuals and instructions provided for the equipment;

Hire Periodmeans the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between The Party Keg Company and the Hirer;

Hirer” means the Consumer or Trader set out as such in the Contract;

Order”means the individual orders for the hire of Equipment placed by the Hirer from time to time in a branch, over the telephone or via our website – in accordance with these Terms;

“Replacement Costmeans the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by The Party Keg Company covering the cost to The Party Keg Company of administering the replacement;

Sitemeans any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;

“Termsmeans these terms and conditions.

1.2 references to the singular include the plural and vice versa and references to any gender include every gender;

1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);

1.4 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.

  1. INFORMATION ABOUT THE PARTY KEG COMPANY AND CONTACTING THE PARTY KEG COMPANY

2.1 Who is The Party Keg Company. The name, The Party Keg Company is a trading name of Flowing Event Management Limited, company registration number is 11869941 and registered office address is 8 Woodlands Fold, Birkenshaw, West Yorkshire, BD11 2LG.

2.2 How to contact The Party Keg Company. If the Hirer has any questions or if the Hirer has any complaints, the Hirer should contact The Party Keg Company. The Party Keg Company can be contacted by calling 0330 133 0364, e-mailing info@thepartykegcompany.co.uk or by post at The Party Keg Company, 8 Woodlands Fold, Birkenshaw, West Yorkshire, BD11 2LG.

2.3 How The Party Keg Company may contact the Hirer. If The Party Keg Company has to contact the Hirer, The Party Keg Company  will do so by telephone or by writing to the Hirer at the email address or postal address the Hirer provides to The Party Keg Company in the Order.

 

  1. FORMATION OF CONTRACT AND ORDERS

3.1 The Hirers Order is an offer to hire from The Party Keg Company. Each Order placed by the Hirer will be an offer by the Hirer to hire the Equipment on these Terms. The Hirer will ensure that each Order is accurate and complete, and that the Equipment is suitable for the Hirer’s requirements.

3.2 How we, The Party Keg Company, accept the Order. A Contract will be formed between The Party Keg Company and the Hirer for the provision of the Equipment set out in the Order, when The Party Keg Company issues a written acceptance (including by email) of the Order to the Hirer.

3.3 The Party Keg Company may not accept your Order. If The Party Keg Company is unable to accept an Order for any reason, The Party Keg Company will inform the Hirer of this and will not charge for the Equipment.

3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms.

3.5 The Party Keg Company hires Equipment in the UK only. The Party Keg Company’s website is solely for the promotion of The Party Keg Company equipment in the UK.

 

  1. THE EQUIPMENT

4.1 The Party Keg Company retains ownership of the Equipment. The Hirer acknowledges that the Equipment remains at all times the property of The Party Keg Company (or its supplier as applicable). The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.

4.2 The Hirer will have quiet possession of the Equipment. The Party Keg Company shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.

4.3 Hirer to notify The Party Keg Company of issues with, or caused by the Equipment. The Hirer shall immediately notify The Party Keg Company of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.

4.4 The Party Keg Company may access a Site to inspect and repair the Equipment. The Hirer shall grant (or shall procure that The Party Keg Company or its authorised representative is granted) access to the Site at all such reasonable times on The Party Keg Company giving the Hirer reasonable notice to inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and/or carry out any inspections or repairs of the Equipment.

4.5 The Hirer will replace any fuel in the Equipment. Where the Equipment is supplied with fuel, the Hirer shall return the Equipment with the same or a greater amount of fuel. The Party Keg Company shall be entitled to charge the Hirer for any refueling costs if the Hirer fails to comply with this clause 4.5, at such rates as may be notified to the Hirer from time to time.

4.6 Use and storage of the Equipment by Hirer. The Hirer:

4.6.1 shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party to repair the Equipment and shall notify The Party Keg Company immediately if any repair is necessary;

4.6.2 shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used;

4.6.3 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;

4.6.4 shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by The Party Keg Company;

4.6.5 shall not make any alteration to the Equipment (including defacing or covering up The Party Keg Company name plate or mark);

4.6.6 shall not without the prior written consent of The Party Keg Company, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;

4.6.7 shall not, without the prior written consent of The Party Keg Company, part with control of the Equipment;

4.6.8 shall not do or permit to be done anything which could invalidate The Party Keg Company insurances;

4.6.9 is responsible for the security of the Equipment whilst in the Hirer’s possession; and

4.6.10 will take all appropriate measures to secure the Equipment at the Site, including when not in use.

 

4.7 Damage to or loss of Equipment. The Hirer shall pay The Party Keg Company:

4.7.1 all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by The Party Keg Company, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and

4.7.2 the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by The Party Keg Company.

4.8 Consequences of expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to The Party Keg Company and unless agreed otherwise in writing, the Hirer will return the Equipment to The Party Keg Company.

4.9 The Party Keg Company requires access to recover or substitute the Equipment. The Hirer will grant, and will ensure that the owner of any third party premises will grant to The Party Keg Company, its agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.9 are without prejudice to any rights and remedies of The Party Keg Company.

4.10 Substitution of the Equipment. The Party Keg Company may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. The Party Keg Company will give you reasonable notice if it intends to do this.

 

  1. DELIVERY AND COLLECTION

5.1 When The Party Keg Company will provide the Equipment. During the order process The Party Keg Company will let the Hirer know when The Party Keg Company will provide the Equipment.

5.2 The Party Keg Company is not responsible for delays outside of The Party Keg Company control. If The Party Keg Company supply of the Equipment is delayed by an event outside The Party Keg Company control (including but not limited to any disruption or delay to The Party Keg Company business or supply chains arising as a result of the United Kingdom’s exit from the European Union or any form of health epidemic) then The Party Keg Company will contact the Hirer as soon as possible to let the Hirer know and The Party Keg Company will take steps to minimise the effect of the delay. The Party Keg Company will not be liable for delays caused by any event outside The Party Keg Company control, but if there is a risk of substantial delay the Hirer may contact The Party Keg Company to end the Contract and receive a refund for any Equipment paid for but not received.

5.3 If the Hirer does not allow The Party Keg Company access to provide the Equipment. If the Hirer does not allow or procure The Party Keg Company access to its property to provide the Equipment as arranged The Party Keg Company may charge the Hirer additional costs incurred by The Party Keg Company as a result. If, despite The Party Keg Company reasonable efforts, The Party Keg Company is unable to contact the Hirer or re-arrange access to the Hirer’s property The Party Keg Company may end the contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow The Party Keg Company to access it to effect Delivery in a safe manner without causing damage. The Hirer acknowledges that The Party Keg Company may effect deliveries or collections in large, heavy commercial vehicles and will hold The Party Keg Company harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with The Party Keg Company staff prior to completing an Order and noted on the Order, failing which The Party Keg Company shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.

5.4 When the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at The Party Keg Company premises or a Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to The Party Keg Company once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt, where the Hirer contacts The Party Keg Company to off-hire the Equipment, risk will always remain with the Hirer until loading onto the collection vehicle is complete.

5.5 What will happen if the Hirer does not give required information to The Party Keg Company. The Party Keg Company may need certain information from the Hirer so that The Party Keg Company can supply the Equipment, for example, delivery details. The Party Keg Company will contact the Hirer to ask for this information. If the Hirer does not give The Party Keg Company this information within a reasonable time of The Party Keg Company asking for it, or if the Hirer gives The Party Keg Company incomplete or incorrect information, The Party Keg Company may either end the Contract or make an additional charge of a reasonable sum to compensate The Party Keg Company for any extra work that is required as a result. The Party Keg Company  will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving The Party Keg Company the information The Party Keg Company needs within a reasonable time of The Party Keg Company asking for it.

5.6 If the Hirer does not allow The Party Keg Company access to collect the Equipment. The Hirer shall grant or procure the grant of access to the Site to The Party Keg Company to allow the collection of the Equipment and make the Equipment available for collection by The Party Keg Company on the date and time agreed between the parties. If The Party Keg Company is unable to collect the Equipment as arranged The Party Keg Company may charge the Hirer any additional costs incurred by The Party Keg Company as a result.

5.7 Collections and returns. When a Hirer wishes to collect or return Equipment from or to a place of business, it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by The Party Keg Company staff and the Hirer shall hold The Party Keg Company harmless in the event of contravention of this. Should the Hirer have any doubt as to whether this can be complied with, it should ask The Party Keg Company to arrange a collection/delivery, subject to Charges (as applicable).

 

  1. CHARGES AND PAYMENT

6.1 Where to find the Charges. The Charges will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.

6.2 Variation of the Charges. The Party Keg Company will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:

6.2.1 any variation in the Hirer’s requirements for the Equipment;

6.2.2 any information provided by the Hirer being inaccurate or incomplete; or

6.2.3 any failure or delay by the Hirer in providing information.

6.3 A deposit or other payment information may be required. At the time the Equipment is ordered, The Party Keg Company may require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow The Party Keg Company to take a deposit (“Deposit”)

6.4 Status of the Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.

6.5 The Party Keg Company may off-set the Deposit against amounts owed by the Hirer to The Party Keg Company. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), The Party Keg Company shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Hirer specifically consents to this.

6.6 Return of Deposit. Unless The Party Keg Company is entitled to make a deduction from the Deposit in accordance with clause 6.5, the full amount of the Deposit will be returned to the Hirer at the end of the Hire Period.

6.7 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by The Party Keg Company shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.

6.8 The Party Keg Company will pass on changes in the rate of VAT. If the rate of VAT changes between the Order date and the date The Party Keg Company supplies the Equipment, The Party Keg Company  will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Equipment in full before the change in the rate of VAT takes effect.

6.9 The Party Keg Company can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause 16 shall apply.

6.10 Other remedies of The Party Keg Company for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by The Party Keg Company in the recovery of amounts due or the recovery of the Equipment. In addition, The Party Keg Company is entitled to suspend further services to the Hirer.

 

  1. VARIATION

7.1 Which version of our Terms apply to your order. The Party Keg Company amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order and available at thepartykegcompany.co.uk will apply to the Contract between the Hirer and The Party Keg Company.

7.2 Amending the Terms applicable to your Order. The Party Keg Company may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:

7.2.1 changes in relevant laws and regulatory requirement; and

7.2.2 changes to The Party Keg Company processes and procedures.

If The Party Keg Company have to revise these Terms as they apply to an Order, The Party Keg Company will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or just any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, The Party Keg Company will have to return (at The Party Keg Company cost) any relevant Equipment already received and The Party Keg Company will arrange a full refund of the price paid by the Hirer.

 

  1. HOW THE PARTY KEG COMPANY MAY USE A HIRERS PERSONAL INFORMATION

How The Party Keg Company will use a Hirers personal information.

The Party Keg Company is the data controller of any personal information a Hirer provides to us. The Party Keg Company will collect and process such information in order to process and fulfil an Order.

If the Hirer is an individual providing The Party Keg Company with its own personal information, please see The Party Keg Company privacy policy which is available on our website  for further information on how personal information is used and rights in relation to that information.

If the Hirer is providing personal data of another individual to The Party Keg Company, the Hirer must tell that individual that the Hirer is providing their information to The Party Keg Company and show them a copy of this notice.

 

  1. GENERAL

9.1 Even if The Party Keg Company delays in enforcing a Contract, The Party Keg Company can still enforce it later. If The Party Keg Company fails to insist that the Hirer performs any of its obligations under a Contract or if The Party Keg Company does not enforce its rights against the Hirer, or if The Party Keg Company delays doing so, that will not mean that The Party Keg Company has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If The Party Keg Company does waive a default by the Hirer, The Party Keg Company will only do so in writing, and that will not mean that The Party Keg Company will automatically waive any later default by the Hirer.

9.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

9.3 Nobody else has any rights under a Contract. The parties do not intend that any term of a Contract shall be enforceable by any person other than the parties.

9.4 The Hirer needs the consent of The Party Keg Company to transfer its rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of The Party Keg Company.

 

  1. GOVERNING LAW AND JURISDICTION

10.1 Which laws apply. Subject to clause 11.2, these Terms and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.

10.2 Where you may bring legal proceedings. The Party Keg Company and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if the Hirer is a resident of or has its registered office in Scotland, either party may bring proceedings in Scotland in accordance with Scottish law.

 

  1. LIABILITY

11.1 The Party Keg Company is responsible to the Hirer for foreseeable loss and damage caused by The Party Keg Company. If The Party Keg Company fails to comply with the Contract, The Party Keg Company is responsible for loss or damage the Hirer suffers that is a foreseeable result of The Party Keg Company  breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and The Party Keg Company  knew it might happen, for example, if you specifically drew it to our attention during the sales process.

11.2 The Party Keg Company does not exclude or limit in any way The Party Keg Company liability where it would be unlawful to do so. This includes liability for:

11.2.1 death or personal injury caused by The Party Keg Company negligence or the negligence of The Party Keg Company employees, agents or subcontractors;

11.2.2 for fraud or fraudulent misrepresentation;

11.2.3 for breach of the Hirer’s legal rights in relation to the Equipment including the right to receive Equipment; and

11.2.4 for any matter for which The Party Keg Company is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability

11.3 The Party Keg Company is not liable for business losses. The Party Keg Company only supply the Equipment for domestic and private use. If the Hirer uses the Equipment for any commercial, business or re-sale purpose The Party Keg Company will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4 as a consumer, the hirer has legal rights and remedies in relation to the provision of the equipment. Advice about the hirers legal rights and remedies is available from the citizens’ advice bureau. Nothing in these terms will affect the hirers legal rights and remedies.

 

  1. AUTOMATIC CANCELLATION OF CONTRACT

12.1 Automatic termination at day 88 of the Contract term. Subject to The Party Keg Company and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed 88 days in any circumstances and each Contract will automatically end 88 days after the Commencement Date.

 

  1. THE HIRERS RIGHTS TO END THE CONTRACT

13.1 Ending the Contract because of something The Party Keg Company has done or are going to do. If the Hirer is ending a Contract for a reason set out at clause 13.1.1 to  13.1.5 below the Hirer may end the Contract immediately and The Party Keg Company will refund the Hirer in full for any Equipment which has not been provided. The reasons are:

13.1.1 The Party Keg Company has told the Hirer about an upcoming change to these Terms which the Hirer does not agree to;

13.1.2 The Party Keg Company has told the Hirer about an error in the price or description of the Equipment ordered and the Hirer does not wish to proceed;

13.1.3 there is a risk that supply of the Equipment may be significantly delayed because of events outside of The Party Keg Company control;

13.1.4 The Party Keg Company has suspended supply of the Equipment for technical reasons, or notify the Hirer that it is going to suspend it for technical reasons; or

13.1.5 the Hirer has a legal right to end the contract because of something The Party Keg Company has done wrong.

 

  1. HOW TO END THE CONTRACT WITH THE PARTY KEG COMPANY

14.1 Telling The Party Keg Company. To exercise the right to cancel, the Hirer must inform The Party Keg Company  by a clear statement (e.g. a letter sent by post or e-mail), using the information above under “How to contact The Party Keg Company” in clause 2.2              .

14.2 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return them to The Party Keg Company or allow The Party Keg Company to collect them. Please call your local branch using the information above under “How to contact The Party Keg Company” in clause 2.2.

14.3 Costs of return. The Party Keg Company may pay the costs of return subject to The Party Keg Company being satisfied, acting reasonably, that:

14.3.1 the Equipment is faulty or misdescribed; or

14.3.2 the Hirer is ending the Contract because The Party Keg Company told the Hirer of an upcoming change to the Equipment or these Terms, an error in pricing or description, a delay in delivery due to events outside The Party Keg Company control or because the Hirer has a legal right to do so as a result of something The Party Keg Company has done wrong.

In all other circumstances, the Hirer must pay the costs of return.

14.4 What The Party Keg Company charges for collection. If the Hirer is responsible for the costs of return and The Party Keg Company is collecting the Equipment from the Hirer, The Party Keg Company will charge the Hirer the direct cost to The Party Keg Company of collection.

14.5 How The Party Keg Company will refund the Hirer. The Party Keg Company will refund the Hirer the price the Hirer paid for hiring the Equipment including delivery costs, by the method the Hirer used for payment. The Party Keg Company will make any refunds due to the Hirer as soon as possible.

 

  1. THE PARTY KEG COMPANYS’ RIGHTS TO END THE CONTRACT

15.1 The Party Keg Company may end the Contract if the Hirer breaks it. The Party Keg Company may end the Contract at any time by writing to the Hirer if:

15.1.1 the Hirer does not, within a reasonable time of us asking for it, provide The Party Keg Company with information that is necessary for The Party Keg Company to provide the Equipment;

15.1.2 the Hirer does not, within a reasonable time, allow The Party Keg Company to deliver the Equipment to the Hirer or the Hirer does not collect them from The Party Keg Company; or

15.1.3 the Hirer otherwise breaks these Terms.

15.2 The Hirer must compensate The Party Keg Company if it breaks the Contract. If The Party Keg Company ends the Contract in the situations set out in clause 15.1, The Party Keg Company will refund any money the Hirer has paid in advance for the Equipment The Party Keg Company has not provided but The Party Keg Company may deduct or charge the Hirer reasonable compensation for the net costs The Party Keg Company will incur as a result of the Hirer breaking the Contract.

 

  1. LATE PAYMENT

16.1 If the Hirer does not make any payment to The Party Keg Company by the due date, The Party Keg Company may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of Barclays Bank plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer must pay The Party Keg Company interest together with any overdue amount.

 

  1. IF THERE IS A PROBLEM WITH THE EQUIPMENT

17.1 How to tell The Party Keg Company about problems. If the Hirer has any questions or complaints about the Equipment, please contact The Party Keg Company by telephone or email using the relevant information above under “How to contact The Party Keg Company” at clause 2.2.

 

  1. INTELLECTUAL PROPERTY RIGHTS

No right of licence is granted to the Hirer in respect of any intellectual and industrial property rights whether registered or unregistered (including know how and rights to prevent passing off) in the United Kingdom and all other countries in the world and together with all applications, renewals and extensions of the same of The Party Keg Company, except the right to use the Equipment in the Hirer’s ordinary course of business for the purpose for which they were supplied.

 

  1. CONFIDENTIALITY

19.1 Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and/or any Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party. Where disclosure is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purposes of the Contract and/or any Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub-contractor or agent complies with such obligations.

19.2 Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:

19.2.1 is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under the Contract; or

19.2.2 is independently disclosed by a third party entitled to disclose the same; or

19.2.3 is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.

 

  1. NOTICES

20.1 Method and Address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by pre-paid first class post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with clause 20.1 shall be deemed to have been served:

20.1.1 if delivered by hand, at the time of delivery; or

20.1.2 if sent by pre-paid first class post or recorded delivery at 9.00 a.m. on the second Business Day after the date of posting.

20.2 Clause not applicable where the Civil Procedure Rules apply. This clause

20 shall not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply.

 

  1. GENERAL

21.1 Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:

21.1.1 neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and

21.1.2 nothing in this clause 21.1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.

21.2 No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.

21.3 Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.

Version: May 27th, 2020