Safe operation of equipment
15. We confirm that to the best of our knowledge and belief, the Equipment is in sound and safe condition and free
from any known faults or defects which would affect its safe operation under normal use.
16. Normal use is defined in the operating procedure within the specific product hired operating/product manuals.
17. The customer agrees that the equipment will be used at the location agreed and will not be moved from such
location without our prior written approval.
Loss or damages of Equipment
18. The customer agrees that
a. You shall fully indemnify the us for any loss of or damage to the equipment during the term of this
agreement whether caused by collision, flood, fire, vandalism, theft or any other cause except that
which shall be determined to be caused by a fault or defect of the Equipment;
b. you shall not use the equipment for any illegal, illicit or antisocial purpose
c. not operate the Equipment in a negligent manner and without prior training and
d. not permit the Equipment to be operated by any other trained person, except employees and Agents of
the Customer, without prior written permission from us
Cancellation and alteration
19. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation,
quotation or order confirmation are subject to alteration without notice and are not a contractual offer to sell
the Goods which is capable of acceptance.
20. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is
valid for a period of 7 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
21. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Payment
22. We will invoice you for the Price either:
a. at the time of the order confirmation: or
b. on or at any time after delivery of the Goods; or
c. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at
any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
23. You must pay the Price within 30 days of the date of our invoice or otherwise according to any credit terms
agreed between us.
24. You must make payment even if delivery has not taken place and / or that the title in the Goods has not
passed to you.
25. If you do not pay within the period set out above, we will suspend any further deliveries to you and without
limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 8% per
annum above the base rate of the Bank of England from time to time on the amount outstanding until you
pay in full.
26. Time for payment will be of the essence of the Contract between us and you.
27. All payments must be made in British Pounds unless otherwise agreed in writing between us.
28. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or
withholding except as required by law and neither party is entitled to assert any credit, set-off or
counterclaim against the other to justify withholding payment of any such amount in whole or in part.
Delivery
29. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to
another location we agree in writing.
30. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
31. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and
must be accepted at any time between 8 am to 8 pm.
32. Failure to comply with delivery / collection times and contacts will result in failed delivery / collection charges.
33. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses
including, but not limited to, transportation, storage and insurance; and / or
b. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery;
and/or
c. make a charge for waiting time and additional costs incurred such as tolls, parking, travel
d. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall
below the price of the Goods.
34. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be
notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
35. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not
be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your
failure to provide us with adequate delivery instructions or any other instructions that are relevant to the
supply of the Goods.
36. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a
separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other
instalment.
Inspection and acceptance of Goods
37. You must inspect the Goods on delivery or collection and sign Delivery or Collection Note.
38. If you identify any damages or shortages, you must inform us in writing within 1 day of delivery, providing
details.
39. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are
defective and if required, have carried out an inspection.
40. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as
appropriate, repair, or replace, or refund the Goods or part of them.
41. We will be under no liability or further obligation in relation to the Goods if:
a. you fail to provide notice as set above; and/or
b. you make any further use of such Goods after giving notice under the clause above relating to damages and
shortages; and/or
c. the defect arises because you did not follow our oral or written instructions about the storage,
commissioning, installation, use and maintenance of the Goods; and/or
d. the defect arises from normal wear and tear of the Goods; and/or
e. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you,
your employees or agents or any third parties.
42. You bear the risk and cost of returning the Goods.
43. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day
after delivery.
Collection of goods
44. We will arrange for the collection of the goods from the address specified in the quotation, or your order or to
another location we agree in writing.
45. Subject to the specific terms of any special collection service, collection can take place at any time of the day
and must be accepted at any time between 8 am to 8 pm.
46. Failure to comply with delivery / collection times and contacts will result in failed delivery / collection charges.
47. If you do not take collection of the goods we may, at our discretion and without prejudice to any other rights:
a. make arrangements for the recollection of the goods and will charge you for the costs of such recollection;
and/or
b. make a charge for waiting time and additional costs incurred such as tolls, parking, travel.
48. Any dates and times quoted for collection are approximate only, and the time of collection is not of the
essence. We will not be liable for any delay in collection of the goods that is caused by a circumstance beyond
our control or your failure to provide us with adequate collection instructions or any other instructions that
are relevant to the supply or collection of the Goods.
49. We can collect the goods by instalments, which will be invoiced and paid for separately. Each instalment is a
separate contract. Any delay in collection or defect in an instalment will not entitle you to cancel any other
instalment.
50. The Customer agrees to return our rented equipment to the us at the end of the hire period of Agreement in
line with the pre-agreed collection instructions.
51. Failure to comply with delivery / collection times and contacts will result in failed delivery / collection charges.
52. All equipment hired must be returned, to include ancillary branding and additional components (including but
not exclusive to covers, connectors, gas cylinders, point of sale, merchandise or any other asset or material
supplied and specified by us in the Quotation or Order Confirmation.
53. If the Equipment was delivered on a bespoke pallet, this must also be returned with the Equipment.
54. This agreement covers the purchase or rental of all elements of equipment outlined in the quotation or order
confirmation and must all be returned at the end of the period in good working order, without damage,
breakage or loss.
55. Failure to return all elements of the rented Equipment will result in replacement charges which you agree to
pay, as part of the terms of this Agreement.
Risk and title
56. The risk in the goods will pass to you on completion of delivery.
57. Title to the goods will not pass to you until we have received payment in full (in cash or cleared funds) for:
a. the goods and/or
b. any other goods or services that we have supplied to you in respect of which payment has become
due.
58. Until title to the goods has passed to you, you must
a. hold the Goods on a fiduciary basis as our bailee; and/or
b. store the goods separately and not remove, deface or obscure any identifying mark or packaging on or
relating to the Goods; and/or
c. keep the Goods in satisfactory condition and keep them insured against all risks for their full price
from the date of delivery.
59. As long as the goods have not been resold, or irreversibly incorporated into another product, and without
limiting any other right or remedy we may have, we can at any time ask you to deliver up the goods and, if
you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in
order to recover them.
Termination & cancellation
60. We can terminate the sale of goods under the Contract where:
a. you commit a material breach of your obligations under these Terms and Conditions;
b. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or
take advantage of any other statutory provision for the relief of insolvent debtors;
c. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or
arrangement is made with your creditors; or
d. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver,
manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any
part thereof, any documents are filed with the court for the appointment of an administrator, notice of
intention to appoint an administrator is given by you or any of your directors or by a qualifying floating
charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or
petition presented to any court for the winding up of your affairs or for the granting of an administration
order, or any proceedings are commenced relating to your insolvency or possible insolvency.
e. If for any reason the order needs to be cancelled, the Renter is entitled to 50% return of total rental costs no
less than 1 week prior to the rental period delivery date. If cancellation occurs within this 1-week notice
period no refund will be given and 100% costs are required for payment by the Renter, under the terms of
this agreement.
Loss or damage
61. All equipment hired must be returned, to include all items and assets supplied to you, including but not limited
to ancillary branding, covers, connectors, gas cylinders, point of sale, merchandise or any other asset or material
supplied and specified by us in the quotation or order confirmation.
62. If the Equipment was delivered on a bespoke pallet, this must also be returned with the Equipment.
63. Rental of all elements of equipment outlined in the quotation or order confirmation must be returned at the
end of the period in good working order, without damage, breakage or loss. Failure to return all elements of
the hired equipment will result in replacement charges which you age to pay.
64. You agree to make available a minimum deposit of £1,000 per unit, or an amount to be specified at the time of
the Quotation or Order Confirmation to us in the event of loss of, damage to, or delay of collection of the
Equipment during the terms of this agreement, to mitigate fully or partially the cost of necessary repairs or
replacement.
65. You are liable for the full value of the goods supplied should the loss exceed the deposit value.
66. You agrees to be liable for the remaining balance and pay us within 14 days for replacement of goods. In the
absence of any loss or damage, said deposit shall be returned to Customer within 7 days.
67. If you gave suitable insurance which would cover any such damage or loss then a deposit would not be required,
once proof of insurance is provided or agreement to these terms are agreed.
68. You will provide insurance cover confirmation prior to despatching the rented equipment.
69. Should the rented Equipment collection be delayed, we shall seek further payment, which the Customer agrees
to fund to cover the cost of necessary replacement, extended rental costs and administration.
Dispense Code of Practise
70. In the event that we supply or rent you a gas pressurised system, you confirm that you are the nominated
Competent Person, responsible for the safe operation of the gas systems operated, in line with the current
Pressure Systems Safety Regulations for the dispense Code of Practice.
Limitation of liability
71. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise
will be limited to this section.
72. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or
other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act
1979) are excluded to the fullest extent permitted by law.
73. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses
incurred by you in obtaining replacement goods of similar description and quality in the cheapest market
available, less the price of the Goods.
74. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
75. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods,
for:
a. any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill;
business interruption; or, other third-party claims; and/or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our
reasonable control; and/or
d. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the
goods supplied.
76. The exclusions of liability contained within this clause will not exclude or limit our liability for death or
personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or
limit our liability; and for fraud or fraudulent misrepresentation.
77. The Customer agrees to indemnify us and to not hold us liable or its affiliates for any liability resulting from the
use of our equipment by the you or your affiliates, or employees or agents or in any other matter relating to
this agreement.
78. We will as much as is reasonable, mitigate any aspects within our control which shall aid the Customer to
complete the remainder of the rental period as anticipated.
Communications
79. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party
giving notice (or a duly authorised officer of that party).
80. Notices will be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal
business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
81. All notices under these Terms and Conditions must be addressed to the most recent address, email address or
fax number notified to the other party.
Data protection
82. When providing the Goods to you, we may gain access to and/or acquire the ability to transfer, store or
process personal data of employees of the Customer.
83. We both agree that where such processing of personal data takes place, the Customer shall be 'data
controller' and we shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR)
as may be amended, extended and/or re-enacted from time to time.
84. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject'
shall have the same meaning as in the GDPR.
85. We shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as
mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any
Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its
own or for any third party's purposes.
86. The Customer shall not disclose Personal Data to any third parties other than employees, directors, agents,
subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive)
conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or
regulations.
87. The Customer shall implement and maintain technical and organisational security measures as are required to
protect Personal Data Processed by us on behalf of you. Further information about the Customer’s approach
to data protection are specified in its Data Protection Policy, which can be found The Data Protection Policy
can be found by contacting the sbs Customer Service Team. For any enquiries or complaints regarding data
privacy, you can e-mail: events@specialbarservice.com.
Circumstances beyond the control of either party
88. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay
results from any cause that is beyond the reasonable control of that party. Such causes include, but are not
limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war,
governmental action or any other event that is beyond the control of the party in question.
No Waiver
89. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any
subsequent breach of the same or any other provision.
Severance
90. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable,
that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which
will remain valid and enforceable).
Law and jurisdiction
91. This Agreement shall be governed by and interpreted according to the law of England and Wales and all
disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject