These Terms will govern the hire of Equipment by The Cotswold Proposal Planners Limited and set out The Cotswold Proposal Planners Limited’s obligations and those of The Cotswold Proposal Planners Limited’s Customers, including the arrangements for delivery or collection and use of the Equipment.

 

Any Contract with The Cotswold Proposal Planners Limited shall be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).

 

No provision in these Terms shall exclude or limit any statutory rights of the Customer which may not be excluded or limited owing to the Customer acting as a consumer.

 

Where any provision is written in italic text it shall not be applicable to a Customer acting as a consumer, that is, a Customer hiring the Equipment other than in the course of or for a purpose unrelated to the Customer’s business.

 

Where the Customer is acting as a consumer any provision which is written in italic text may, subject to the determination of 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.

 

1. Definitions

1.1 Within these Terms the following words shall have the following meanings:

 

Additional Delivery Charges – the charges for delivery and/or collection stated in the Contract or levied by The Cotswold Proposal Planners Limited in the event that delivery and/or collection is other than to the Drop Off Point or takes longer than 60 minutes for any reason outside The Cotswold Proposal Planners Limited’s control.

 

Carrier – means any third party engaged by The Cotswold Proposal Planners Limited to deliver and collect the Equipment;

 

Contract – the document or documents that set out these Terms and all other details about the Customer’s agreement with The Cotswold Proposal Planners Limited, including but not limited to all Hire Charges, Delivery Charges, Additional Delivery Charges and details of collection or delivery arrangements.

 

Customer – the person, firm, company or other organisation hiring or buying the Equipment from The Cotswold Proposal Planners Limited.

 

Delivery Charges – the charges stated in the Contract for delivery to and/or collection of the Equipment at the Drop Off Point by The Cotswold Proposal Planners Limited or its Carriers where each delivery or collection takes no longer than 60 minutes.

 

Drop Off Point – the place at the Site(s) where it is agreed in the Contract that The Cotswold Proposal Planners Limited or its Carriers will place the Equipment on delivery for the avoidance of doubt the Drop Off Point shall be on the ground floor, easily accessible and no more than 50 metres from The Cotswold Proposal Planners Limited’s delivery vehicle.

 

Equipment – the catering equipment described in the Contract.

 

Force Majeure – in respect of either party, any event or circumstance which is beyond the reasonable control of that party including (but not limited to): act of God; industrial actions; war, terrorist act, civil commotion, weather or environmental problems; power failure or explosion, fault or failure of any plant and apparatus which could not have been prevented by prudent operating practice; governmental restraint of any kind.

 

Hire Charges – the charging rate for the Equipment as set out in the Contract.

 

Hire Period – the period commencing from the time when either the Equipment is loaded on to the Customer’s vehicle by the Customer at the Premises or the time when the Equipment is unloaded at the Site(s) from The Cotswold Proposal Planners Limited’s delivery vehicles until the time when either the Equipment is physically returned to the Premises by the Customer or is loaded back on to The Cotswold Proposal Planners Limited’s delivery vehicles;

 

The Cotswold Proposal Planners Limited – The Cotswold Proposal Planners Limited (company registration number 11795000) including all its employees, servants, agents and/or duly authorised representatives;

 

Premises – the premises of The Cotswold Proposal Planners Limited being PO Box 1318, Cheltenham, England, GL50 9EA or such other address as notified by The Cotswold Proposal Planners Limited from time to time.

 

Site – the site(s) where the Equipment will be held while in the Customer’s care during the Hire Period as set out in the Contract.

 

Terms – these terms and conditions (including any schedule or annexure to it and any document in agreed form);

 

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

 

2. Payment

2.1 The Customer shall pay all Hire Charges, deposit, Delivery Charges and any other sums payable under the Contract to The Cotswold Proposal Planners Limited in the manner agreed in the Contract.

2.2 The Customer shall pay all Hire Charges and any other sums due to The Cotswold Proposal Planners Limited without any set-off, deduction, counterclaim and/or any other withholding monies.

2.3 Where hire of the Hire Goods is to a Customer who is acting as a Consumer and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed three months after which time the Contract shall be deemed to have automatically terminated. Accordingly the Equipment is not covered by the Consumer Credit Act 1974.

2.4 In consideration of the Hire Charges and other charges referred to in clause 2.1, The Cotswold Proposal Planners Limited shall hire the Equipment to the Customer for the Hire Period.

2.5 The Cotswold Proposal Planners Limited will retain card details of a non account holding consumer and reserves the right to deduct loss, damage or additional charges from the card post event if the additional invoice is not settled.

2.6 Time for payment of all sums due to the Company by the Customer under the Contract shall be of the essence. Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding*

 

*If the Customer fails to make any payment in full on the due date the Company will remove any pre arranged discount to the invoice and the customer will receive an additional invoice for the discounted value.

 

3.Collection, Delivery, Acceptance and Risk

3.1 Where specified in the Contract The Cotswold Proposal Planners Limited will transport the Equipment to the Site(s) in consideration of the Delivery Charges and unload the Equipment on to the Site(s) at the Drop Off Point (unless The Cotswold Proposal Planners Limited agrees otherwise). Risk of damage to or loss of the Equipment shall pass to the Customer immediately upon the Equipment leaving the physical possession or control of The Cotswold Proposal Planners Limited or its Carrier. In the event that the Customer requires delivery or collection (and The Cotswold Proposal Planners Limited agrees to such delivery or collection) other than to the Drop Off Point or delivery or collection takes longer than 60 minutes The Cotswold Proposal Planners Limited reserves the right to raise the Additional Delivery Charges for the additional costs it incurs as a result.

3.2 The Customer will allow and procure that the Drop Off Point is free from obstruction and will ensure that there is sufficient unloading space and access to and from the Site(s) and the Drop Off Point for The Cotswold Proposal Planners Limited and its Carriers.

3.3 In accordance with clause 3.1 above, at the end of the Hire Period unless otherwise agreed,  The Cotswold Proposal Planners Limited shall collect the Equipment at the Drop Off Point and be responsible for loading the Equipment on to The Cotswold Proposal Planners Limited’s vehicles and transporting the Equipment from the Site(s). Risk of damage to or loss of the Equipment shall pass to The Cotswold Proposal Planners Limited when the Equipment is returned to and in the physical possession or control of The Cotswold Proposal Planners Limited or its Carriers.

3.4 Where the Equipment is delivered it will be deemed to have been accepted by the Customer upon such delivery and the delivery documentation produced by The Cotswold Proposal Planners Limited shall be evidence of such acceptance unless the Customer indicates otherwise in writing within 24 hours of delivery.

3.5 Where the Contract specifies that the Customer will collect the Equipment the Customer is responsible for loading and unloading the Equipment and transporting the Equipment from the Premises to the Site(s). Risk of damage to or loss of the Equipment shall pass to the Customer immediately upon the Equipment leaving the physical possession or control of The Cotswold Proposal Planners Limited at the Premises.

3.6 Where the Contract specifies that the Customer shall return the Equipment to The Cotswold Proposal Planners Limited a its Premises (or such other location as may be agreed), risk of damage to or loss of the Equipment shall pass to The Cotswold Proposal Planners Limited when the Equipment is returned to the Premises and in the physical control or possession of The Cotswold Proposal Planners Limited.

3.7 The Cotswold Proposal Planners Limited will provide relevant manufacturer’s instructions where requested by the Customer.

3.8 Where requested by the Customer and specified in the Contract, The Cotswold Proposal Planners Limited will install the Equipment at the Site(s) at the charges agreed where applicable. Where the Customer agrees to install all or any part of the Equipment the Customer shall procure that such installation is carried out by suitably qualified personnel (and where appropriate corgi registered personnel).

3.9 Notwithstanding the passing of the risk in the Equipment, title in and to the Equipment shall not pass to the Customer.

3.10 The Customer shall not deal with the ownership or interest in the Hire Goods including but not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.

 

4.Obligations of the Customer

4.1 The Customer will take all reasonable steps to protect the Equipment from weather, theft, vandalism or improper use.

4.2 The Customer will operate the Equipment with reasonable care and skill and where appropriate by someone appropriately qualified or trained to operate the Equipment.

4.3 The Customer will operate and will procure that its employees, agents and all sub-contractors operate the Equipment strictly in accordance with the manufacturer’s instructions which will be provided by The Cotswold Proposal Planners Limited where applicable in accordance with clause 3.2.

4.4 The Customer will return the Equipment to The Cotswold Proposal Planners Limited in the same condition and cleanliness as it was delivered: except for items agreed “deliver clean- return dirty” usually cutlery, crockery and glassware.

4.4.1 if the Equipment is returned with any damage or defect unless caused by the development of an inherent fault and/or fair wear or tear; or

4.4.2 if the Equipment is not returned in a state of cleanliness satisfactory to The Cotswold Proposal Planners Limited;

the Customer will be liable to The Cotswold Proposal Planners Limited for the cost of repair, replacement or cleaning of the Equipment and for the cost of the Hire Charges until such repairs or cleaning have been completed.

4.5 The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Company that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Company 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 Company shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible.

4.6 In the event that the Customer does not return any or all of the Hire Goods to the Company, the Company shall invoice the Customer an amount equal to the full replacement cost of such item. Rental will not be taken into account when calculating such amounts. If such Hire Goods are not returned within 14 days of the date of the invoice in respect of such lost or non-returned Hire Goods, the Company reserves the right to charge for its full replacement value. The Company reserves the right not to issue credits for Hire Goods invoiced as lost or damaged that are returned to the Company after the 14 day period has expired.

4.7 The Company shall not accept any substitutes for lost or damaged Hire Goods supplied by the Customer unless agreed in writing by the Company. Any such substitutes shall be retained for a period of 14 days before being disposed of by the Company.

4.8 The Customer shall return all crates, boxes, hampers, pallets and cages supplied by the Company. Failure to return such items to the Company will result in a charge for their full replacement value being made against the Customer.

 

5. Electrical Equipment

5.1 If any part of the Equipment is electrical, it should be used with the original plugs or sockets fitted to it. If the Customer needs to fit other suitable plugs or sockets to the Equipment, this must be carried out by a competent person who must also return the Equipment to their original condition. The Customer shall ensure it has a suitable supply of electricity for the Equipment. The Customer shall not use electrical Equipment that is not earthed correctly unless the Equipment is double insulated. The Customer shall comply with all regulations which apply, including the Electricity at Work Regulations 1989, while the Customer is responsible for the Equipment.

 

6. Maintaining the Equipment, breakdown procedures and reporting accidents

6.1 The Customer shall ensure that the Equipment remains safe, clean and in working order. If the Equipment breaks down the Customer shall report this to The Cotswold Proposal Planners Limited immediately in writing. The Customer shall not repair the Equipment unless authorised to do so by The Cotswold Proposal Planners Limited.

6.2 The Customer will inform The Cotswold Proposal Planners Limited immediately in writing if the Equipment is involved in any accident resulting in damage to the Equipment or to other property or injury to any person.

 

7. Where the Equipment is placed

7.1 The Equipment must not be moved from any Site(s) unless agreed with The Cotswold Proposal Planners Limited in writing.

 

8. Insurance

8.1 The Cotswold Proposal Planners Limited shall have no liability to the Customer to the extent that the Customer is covered by a policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all right of subrogation against The Cotswold Proposal Planners Limited.

8.2 The Customer shall insure the Equipment and keep the Equipment insured throughout the Hire Period (where specified in the Contract in the joint names of the Customer and The Cotswold Proposal Planners Limited) for their full replacement value as advised by The Cotswold Proposal Planners Limited against all risks on a comprehensive policy without restriction or excess.

8.3 Where specified in the Contract the Customer shall insure the Customer and The Cotswold Proposal Planners Limited as joint assureds against all liability to third persons for death, personal injury and damage to, or loss of, property arising directly or indirectly out of the use possession or operation of the Equipment for such amount as The Cotswold Proposal Planners Limited may stipulate from time to time or in the absence of any such stipulation for such amount as is prudent in all the circumstances and in any event for at least the sum of £2,000,000.

8.4 The proceeds of such insurance referred to in clauses 8.2 and 8.3 above that relate directly to the Equipment will be held by the Customer in trust for The Cotswold Proposal Planners Limited and will be paid to The Cotswold Proposal Planners Limited on demand. The Customer must not compromise any claim in respect of the Equipment/ and or any associated insurance without The Cotswold Proposal Planners Limited’s consent.

 

9. Cancellation

9.1 In the event of a Force Majeure the Customer’s obligations under the Terms shall remain unaffected.

9.2 The Customer may cancel a Contract on written notice subject to clause 9.3, 9.4 and 9.5 below.

9.3 In the event that a Contract is cancelled by the Customer more than 30 days prior to the date the Hire Period has been agreed to commence 50% of the total amount stated in the Contract will be payable by the Customer to The Cotswold Proposal Planners Limited.

9.5 In the event that a Contract is cancelled by the Customer between 0 and 30 days (inclusive) prior to the date the Hire Period has been agreed to commence 100% of the total amount stated in the Contract will be payable by the Customer to The Cotswold Proposal Planners Limited.

9.6 The Cotswold Proposal Planners Limited and the Customer agree that the amounts payable in respect of cancellation referred to in clauses 9.3, 9.4 and 9.5 are fair and reasonable in all respects and are genuine pre-contractual estimates of The Cotswold Proposal Planners Limited’s losses (including loss of opportunity) arising in such circumstances.

 

10. Warranties of The Cotswold Proposal Planners Limited

10.1 The Cotswold Proposal Planners Limited warrants that it will endeavour to ensure the Equipment is delivered and collected at the times specified. The Cotswold Proposal Planners Limited cannot be held liable for any losses, costs, claims or expenses arising as a result of an event of Force Majeure or other circumstances beyond The Cotswold Proposal Planners Limited’s control.

10.2 The Cotswold Proposal Planners Limited warrants that in the event that the Equipment breaks down The Cotswold Proposal Planners Limited will replace or repair the Equipment as soon as reasonably possible after receipt of the Customer’s written notification of the breakdown and in any event within 72 hours of The Cotswold Proposal Planners Limited receiving the Customer’s written notification of the breakdown.

 

11. Liabilities

11.1 The Cotswold Proposal Planners Limited shall not be liable to the Customer for:

11.1.1 any indirect loss; or

11.1.2 any loss, damage, costs, expenses, special damages, consequential losses (including loss of profits and/or damage to goodwill), any economic and/or similar losses, business interruption, loss of business, loss of contracts and opportunity or other claims for compensation arising out of or in connection with:

(a) any breach by the Customer of its obligations under this these Terms; or

(b) any claims made by a third party in connection with the Equipment hired under these Terms; and

(c) (subject to clause 11.3) death or personal injury arising as a result of use of the Equipment other than in accordance with the manufacturer’s instructions.

(d) Failure of any equipment hired.

11.2 The Cotswold Proposal Planners Limited shall not be liable to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the hire of the Equipment and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against The Cotswold Proposal Planners Limited.

11.3 Nothing in these Terms shall have the effect of limiting or excluding the liability of The Cotswold Proposal Planners Limited for death or personal injury arising out of its negligence or otherwise as prohibited by law.

11.4 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy of the Equipment are excluded to the fullest extent possible.

11.5 If The Cotswold Proposal Planners Limited is found to be liable in respect of any loss or damage to the Customer’s property the extent of The Cotswold Proposal Planners Limited’s liability will be limited to the retail cost of the damaged property.

11.6 The Cotswold Proposal Planners Limited shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Equipment after a defect has become apparent to the Customer.

11.7 The Cotswold Proposal Planners Limited’s total liability to the Customer under and/or arising in relation to any Contract shall not exceed the total amount stated in the Contract. To the extent that any liability of The Cotswold Proposal Planners Limited to the Customer would be met by any insurance of The Cotswold Proposal Planners Limited then the liability of The Cotswold Proposal Planners Limited shall be increased to the extent that such liability is met by The Cotswold Proposal Planners Limited.

 

12. Indemnity

12.1 The Customer agrees to indemnify and keep indemnified The Cotswold Proposal Planners Limited from and against all claims, costs, expenses (including, but not limited to, legal and other professional fees and expenses) losses, damages and other liabilities (of whatever nature, whether contractual, tortious or otherwise) suffered or incurred by The Cotswold Proposal Planners Limited and arising out of or in connection with a breach of these Terms by the Customer and resulting in any claims or complaint by any third party.

 

13. Termination

13.1 The Cotswold Proposal Planners Limited has the right to terminate the Contract if the Customer: is in breach of any of the terms of the Contract or any of these Terms; or

13.1.1 the Customer becomes bankrupt; or

13.1.2 the Customer acting as a company is wound up or a receiver, administrator or liquidator is appointed over all or part of your assets; or

13.1.3 the Customer enters into any agreement with its creditors or a voluntary agreement is made which affects the Customer.

13.2 In the event of Termination all monies owed by the Customer to The Cotswold Proposal Planners Limited shall immediately become due and payable.

13.3 Any termination of the Contract or the Terms shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract, or the Terms or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision of the Contract or the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

 

14. The Cotswold Proposal Planners Limited’s rights of access

14.1 The Customer hereby grants or shall procure that the relevant third party shall grant a license to The Cotswold Proposal Planners Limited and its agents, employees and sub-contractors (including for the avoidance of doubt, the carrier) a license to enter and pass over any Site(s)) at reasonable times and on reasonable notice to deliver, inspect, install, test, repair, service, replace, or repossess the Equipment.

 

15. Separate terms

15.1 If any term in these Terms cannot be enforced, this will not affect the remaining terms.

 

16. Governing Law & Jurisdiction

16.1 These Terms shall be governed by and construed in accordance with the law of England and Wales and any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, to which each of the parties irrevocably submits.

 

17. Waiver

17.1 No delay or failure on the part of either party in enforcing any provision in these Terms shall be deemed to operate as a waiver or create a precedent or in any way prejudice that party’s rights under these Terms, nor shall any single or partial exercise of any right or remedy in any circumstances preclude any other or further exercise of it or the exercise of any other right of remedy.

17.2The rights and remedies provided in these Terms are cumulative and are additional to any rights or remedies provided by law.

 

18. Exclusion of Third Party Rights

18.1 Unless expressly stated in this Agreement, nothing in this Agreement shall confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999.

18.2 We reserve the right to substitute an alternative product where necessary if the ordered product is not available on the day of delivery.

18.3 Items not returned on time will be subject to our standard hire rates until they are returned or a replacement is purchased by ourselves on a loss/ damage basis.

18.4 Any items not available at the agreed time of collection must be either returned to our premises or if a return collection is necessary, a collection charge will be levied @ £1.00 per mile for the journey.

18.5 Should any item be reported as faulty/not working on site, we will endeavour to repair/ replace the item as soon as is practically possible. If upon testing the equipment, the fault is not evident or a trip- extension lead has actuated, we reserve the right to impose a call out charge based on travelling mileage and the engineers call out and time.

 

19.  Property Ownership

19.1 All equipment and hire items are the property of The Cotswold Proposal Planners Limited and remain so at all times throughout your hire.

 

20. Quotes

20.1 Quotes are only valid at the time they are sent and the price may change at any point subject to the availability of Hire items and suppliers. Once a completed booking form and deposit is received by The Cotswold Proposal Planners Limited, The Cotswold Proposal Planners Limited will need to reconfirm availability and secure the booking of Hire items and suppliers at which point the quotes may need be amended if prices have increased.

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21. Venues, Suppliers and Contractors

21.1 The Cotswold Proposal Planners Limited book venues, suppliers and contractors on behalf of the client. The contact is held between the venue/supplier/contractor and the client.

21.2 Where possible, The Cotswold Proposal Planners Limited will use tried and tested venue/supplier/contractor that they believe can deliver the service to the expected standard, fit for purpose of the contract. However if the client is dissatisfied with the service provided by a venue/supplier/contractor, it will be the responsibility of the client to contact the supplier and discuss their reasons for being dissatisfied directly. Each venue/supplier/contractor will have their own policies to be adhered to.

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22. Copyright

21.1 All images, photography and wording on my website, Facebook page and other social media are copyrighted to The Cotswold Proposal Planners Limited unless expressly confirmed otherwise. The The Cotswold Proposal Planners Limited and The Cotswold Proposal Planners company name and logo may not be used by anyone other than The Cotswold Proposal Planners Limited. Images may not be copied, printed or otherwise disseminated.

 

23. COVID-19 Cancellation Policy

As a result of the high volume of cancellations and rescheduled events, we, unfortunately, will not be able to offer any refunds on cancelled events but instead a full credit with The Cotswold Proposal Planners to use at any time in the future. With almost all events across the UK being cancelled as a result of fears of COVID-19 there are serious concerns about the future of the events industry as a whole and the survival of event hire companies. Since the UK moved to its current containment phase and with further restrictions predicted it has become clear that events, entertainment and hire companies are facing an unprecedented challenge; it is essential that across the industry we mitigate the impact of COVID-19 and as a result, our policy offers our customers the most flexibility we are able to during these challenging times.