Terms & Conditions

Lifecast Limited GB 856614796 (The Owner)

These terms for the Hire Goods and Equipment (the ‘Agreement to Hire”) is an agreement by you the Hirer to hire from the Owner the Goods and Equipment agreed for the Hire Fee for those Goods and Equipment, be that agreement made by SMS, email, or any other method of communication.

If an agreement to hire is made it will, with the Owner’s Standard Terms and Conditions, constitute the contract between the Owner and you the Hirer for the hire of the Goods and Equipment ordered.

Standard Terms & Conditions for the Commercial Hire of Goods and Equipment

These Standard Terms and Conditions together with the Payment Terms and Special Conditions, the Offer by The Owner to you (the “Supplier”) to hire the Equipment and if the Hirer accepts this Offer constitutes the whole of the Contract with the Hirer.

1.     BINDING CONTRACT
All goods supplied under this Agreement shall be of first class condition and working order, unless specifically agreed by the Company in writing. This Contract is entered into and will be binding on the Owner and the Hirer upon the Hirer’s Acceptance of the agreement. The Owner will ensure that the Equipment specified in the agreement is available for the Hirer if the offer is accepted within 24 hours of the agreement being made with the Hirer or in such shorter time as may be specified in the agreement

• Until the Hirer has accepted the Offer, the Owner may at any time withdraw the Offer by email, SMS or letter to the Hirer

• The Hirer will for all the purposes of this Contract be deemed to have Accepted the Offer to Hire on these Standard Terms and Conditions together with any Special Conditions and this Contract will thereby be created if the Hirer communicates its Acceptance in the manner provided in the agreement.

• The Owner has no obligation to the Hirer to supply the Equipment named in the agreement if the Acceptance by the Hirer is received by the Owner outside the period of time

• The agreement to hire can only be accepted by the both owner and hirer

• If an Acceptance is sent by any other person or company other than the Hirer, that person or company will be deemed to be the Agent of the Hirer and the Owner may rely upon this Acceptance by that person or agent as being an Acceptance by the Hirer.

• The Owner may, at its absolute discretion, where the Acceptance is received from a person or company other than the Hirer, require written confirmation by the Hirer that such Acceptance is given for and on its behalf and with its full authority. If the Owner requires such confirmation, then the Acceptance will not be deemed to have been communicated and received by the Owner until such confirmation is

2.     All services supplied under this Agreement shall be supplied in a first class and professional manner by duly experienced and qualified persons.

3.     The Supplier shall act in accordance with the Company’s reasonable instructions in relation to the goods or services supplied under this Agreement.

4.     Time will be of the essence in relation to the delivery of the goods or services to be supplied hereunder, unless otherwise agreed by the Company in writing.

5.     The Supplier may not pledge the Company’s credit incur any liability on behalf of the Company without the Company’s prior written approval.

6.     The Supplier warrants represents and undertakes that:

(a) it is duly registered for VAT;

(b) it has adequate public and employer’s liability insurance policies in effect;

(c) it has and complies with a health and safety policy and agrees to provide the Company with a copy of its health and safety policy and risk assessments in relation to all goods and services supplied under this Agreement on request of the Company;

(d) it will comply with the Companys’s COVID-19 Policy;

(e) any personnel required to operate or supervise the use of said equipment are insured, authorised and competent to do so; and

(f) any personnel provided by the Supplier shall not have any unspent convictions for sexual offences as contained within the Sexual Offences Act 2003 and shall not have been subject to any disciplinary action or sanction relating to vulnerable groups.

7.     The Supplier further warrants and undertakes that (references in this provision to “forced labour” include slavery, servitude and any type of forced or compulsory labour as well as trafficking for the purposes of exploitation):

(a) neither the Supplier nor to the best of the Supplier’s knowledge and belief any supplier within the Supplier’s supply chain use forced labour;

(b) if requested by the Company it shall complete and deliver a self-assessment questionnaire provided by the Company regarding the use of forced labour and the steps the Supplier has taken to ensure that it is excluded from the Supplier’s supply chain;

(c) if requested by the Company it will allow the Company to audit the Supplier’s compliance with this provision by inspecting the Supplier’s facilities, reviewing records, policies and practices and interviewing personnel;

(d) should the Company identify any non-compliance, the Supplier will prepare, permit the Company to review and execute an improvement plan approved by the Company to rectify matters; and

(e) the Supplier will place similar expectations to those set out above on their own suppliers.

8.     The Supplier hereby agrees to indemnify and shall keep the Company indemnified, from and against all claims, demands, actions, proceedings, costs, damages, losses and expenses, which shall include legal costs, expenses and VAT whether suffered or incurred directly or indirectly by the Company or any compensation paid or agreed to be paid by the Company to any third party or arising out of any breach, non-performance or non-observance of any of the covenants, warranties, representations, undertakings and agreements on the Supplier’s part contained or implied in this Agreement.

9.     In consideration of the payment by the Company to the Supplier of the sum of one pound (£1), receipt of which is acknowledged, the Supplier with full title guarantee, irrevocably assigns to the Company, by way of an exclusive assignment of present and future copyright, the entire copyright and all other rights, title and interest of whatsoever nature, whether vested or contingent (including all rental and lending rights for which equitable remuneration has been received and all rights of communication to the public by satellite and cable retransmission rights) in and to all of the products of the Supplier’s services in respect of this Agreement, to hold the same unto the Company absolutely, throughout the world in all languages for the full period of copyright and all renewals, revivals, reversions and extensions and thereafter in perpetuity to the extent permitted by law whether the right to such renewals, revivals, reversions or extensions now exists or is hereafter created by the laws in force in any part of the world. This assignment shall be without reservation or condition and so that no right of any kind, nature or description is reserved by the Supplier. All rights granted by the Supplier in this Agreement shall be referred to as “the Rights”.

10.  The Supplier irrevocably and unconditionally waives in perpetuity all moral rights that the Supplier may have in and to all the products of the Supplier’s services in respect of this Agreement, whether arising under Sections 77 to 85 (inclusive) of the Copyright Designs and Patents Act 1988, as amended ("the Act") or otherwise, and the benefits of any provision of law known as "droit moral". The Supplier shall sign all further agreements as the Company requires to vest in or further assure to the Company, the Rights.

11.  The Supplier shall not, other than to its professional advisers, without the Company's prior written consent, make any statement, announcement or give any information directly or indirectly relating to its engagement, the programme, this Agreement or the internal affairs of the Company. The Supplier shall not at any time do anything detrimental to or say anything detrimental about the programme, the Company or any persons involved in or associated with the programme.

12.  The Company shall have the right, by written or oral notice, either to suspend or terminate this Agreement without compensation with immediate effect by reason of the Supplier’s default, disability or an event of force majeure (being any event beyond the Company’s reasonable control), without prejudice to any other claim or right that the Company may have against the Supplier. The Company shall further be entitled to terminate this Agreement on one (1) week’s notice and may terminate this Agreement with immediate effect and pay one (1) week’s fee (or a pro rata amount) in lieu of notice. In the event of any repayment being due to the Company following any such termination, the Supplier shall repay the amount due within seven (7) working days.

13.  The Company gives no guarantee that the production of the programme will proceed to completion or as to the length of any period of engagement hereunder.

14.  All notices required to be served under this Agreement shall be in writing and may be served by personal delivery or by first class post on the parties at their addresses set out overleaf. Notices shall be deemed to have been served: if sent by personal delivery, at the time of delivery; if sent by electronic means, if properly addressed, one hour after sending shall be deemed to be the date of service; and if sent by first class post, within two (2) business days after posting (or, if posted outside the United Kingdom 7 business days) (with "business days" meaning the days the principal offices of the Company are open).

15.  No waiver by the parties of any failure by them to perform any covenant or condition of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of any covenant or condition of this Agreement.

16.  The Supplier shall abide by the provisions of the Bribery Act 2010 at all times in the performance of the Supplier’s services under this Agreement.

17.  The Suppler shall abide by the provisions of the Data Protection Act 2018 at all times in the performance of the Supplier’s services under this Agreement.

18.  The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no term or condition of this Agreement shall confer or be construed as conferring any right on any third party.

19.  The laws of England shall govern this Agreement and the English courts shall have non-exclusive jurisdiction.

20. DEFINITIONS AND EXPLANATIONS

In these Terms and Conditions these words and phrases have the following meanings:

“Acceptance” and “Accepted” means acceptance of the Offer and agreement to Hire by the Hirer.
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Owner by sms or email and be to that effect.
“Cancellation Fee” means one hundred percent (100%) of the Deposit Fee of the Equipment not required where the Cancellation is received by the Owner less than fourteen (14) days prior to the anticipated date of the agreed event.
“COD” means cash on delivery.
“Contract” means the agreement between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and any special conditions.
“Day” means a calendar day commencing immediately on midnight and finishing immediately before the next midnight.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Agreement to Hire, the Site.
“Deposit” means any sum which is agreed upon as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment.
“Equipment” means collectively all the goods and equipment agreed to and separately each item of the goods and equipment designated in the agreement and includes all additional Equipment.
“Essential Term” means any term in these Standard Terms and Conditions which is expressly stated to be an Essential Term and also means any term which the parties expressly state in any Special Conditions to be an Essential Term. “Essential Term” also includes any term which, by its nature and importance, one or other of the parties would not enter into this Contract without that term being included.
“Hire Fee” means the fee which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. Additional Equipment will be separately invoiced to the Hirer and will be in addition to the Hire Fee and will be added to the Invoice of the Hire Fee to the Hirer. The Hire Fee is set out in the agreement.
“Hirer” means the company or person the agreement is made with as “the Hirer” and includes where applicable its lawful successors and assignees.
“Offer” means any written offer to hire the Equipment to the Hirer by SMS, email or facsimile.
“Owner” means Prop My Party Events Hire.
“Owner’s Premises” means the premises where the Owner stores the Equipment.
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the agreement, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the agreement and expiring on the Collection Date as stated in the agreement.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Terms” means these Standard Terms and Conditions which will always be available on the Owner’s website, together with any Special Conditions set out and the agreement itself.
“Venue” means the place where the Equipment is to be used by the Hirer.
“Wet Hire” means the hiring of the Equipment and the provision of persons to operate the Equipment and provide the Services in respect thereto.

A reference to a Statute, Rule or Regulation is a reference to that Statute, Rule or Regulation as amended, re-enacted or modified from time to time.

The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction. A reference to any party includes their lawful successors and assigns.

If props are returned to Lifecast Ltd damaged or damaged beyond repair, you will be subject to a charge for repairing or replacing it.

If the Prop is damaged beyond repair, then the Company shall be liable to pay the Purchase Option Price, minus any Hire Fee already paid, and shall then own said prop.