1. DEFINITIONS AND
INTERPRETATION
1.1 In this Agreement unless the context
requires otherwise the following words and expressions have the following
meanings:
'Contact on the
day' means the contact named by the Hirer on the Details form. Please note that
if on the day the Contact on the day is not available then The Message Group
reserves the right to select an appropriate alternative. This may include, but not be limited to, a member
of staff at the Venue, an events coordinator, a User or a close family
member or friend of the Hirer or indeed the Hirer themselves.
'Details
form' means the form completed to confirm finer details of booking including
Contact on the day .
'Hirer'
means the
'Hire
date' means the date the Kiosk is hired.
'Initial Booking form' means the form that is completed by the
‘Hirer’ to book the Kiosk.
'Kiosk' means the “wedding message”
service and related equipment.
'Kiosk Hand-Over
Documentation' means the form completed on the Hire date which is signed by the
Contact on the day and the The Message Group Representative.
'Location' means
the Location of the Kiosk once delivered and configured by a The Message Group Representative
on the Hire date.
'User' means the people that use the Kiosk whilst out on hire to
the Hirer.
'Venue' means the
postal address at which the Kiosk is to be located on the Hire date.
'The Message Group
Representative' means a representative, either employed directly or
sub-contracted for The Message Group.
1.2 In this Agreement the words ‘include’,
‘includes’, ‘including’ and ‘such as’ are to be construed as if they were
immediately followed by the words ‘without limitation’.
1.3 Reference to the singular includes the
plural and vice versa.
2.1 The Agreement shall
commence on the date the Initial Booking Form is signed and shall be operative
until receipt of the Kiosk to the satisfaction of The Message Group.
3. USE OF KIOSK
3.1 The Hirer is
to ensure the Kiosk is used properly and ensure that it will be used safely and
without risk to health, shall not remove or alter or permit removal or
alteration of identification numbers or marks of the Kiosk, and shall keep the
Kiosk properly protected and safe. Under no circumstances shall The Message Group
have any liability of whatever kind for any defects resulting from wear and
tear, accident, improper use by the Hirer or Users except in accordance with
the instructions or advice from The Message Group.
3.2
The Hirer is to ensure the Kiosk shall not be moved from both the Location and
Venue other than by a The Message Group Representative.
3.3
The Hirer is to obtain any consent or permissions in the use of the Kiosk at
the Venue and The Message Group shall not be held liable for refusal or lack of any
consent or permission.
3.4
The Kiosk shall at all times remain the property of The Message Group.
3.5
The Kiosk shall be delivered on date of Hire at which time the The Message Group
Representative will leave the Kiosk operational and in suitable condition for
use. The Contact on the day will sign the associated Kiosk Hand-Over
Documentation to confirm that they agree that the Kiosk is operational and not
damaged.
3.6 The The Message Group Representative has
the right to refuse to deliver the Kiosk if:
It
believes that the Kiosk will not be used properly;
The
Venue or Location is believed to be unsafe or a risk to health;
The
Venue or Location is believed to possibly cause damage to the Kiosk;
The
Venue or Location is believed to not be secure;
The
Contact on the day cannot be found to sign the Kiosk Hand-Over Documentation;
If The Contact on the day refuses to sign the Kiosk Hand-Over
Documentation.
3.7 The
Contact on the day has the right to refuse to accept the delivery of the Kiosk
if:
They
believe the Kiosk to be unsafe or a risk to health;
The
Kiosk is damaged to the point of being unusable;
The
Kiosk arrives outside of the delivery timings listed on the Details form.
4. PAYMENT
4.1. A deposit as specified
upon the booking form shall be paid by the Hirer to The Message Group. A receipt
shall be sent to the Hirer by The Message Group. The receipt is the only proof of
booking that the Hirer shall receive.
4.2. An invoice in respect of
hire will be issued 12-8 weeks prior to the date of and FULL payment must be made no later than 2 weeks prior to the Hire
date.
4.3. If the Hirer fails to pay
the invoice price by the date due then The Message Group has the right to cancel the
booking with no deposit being returned to the Hirer.
4.4. No refunds are to be given
due to fault of the Hirer in operation of or use of the Kiosk or in lack of
obtaining or in the refusal of the appropriate consents or permissions. No
refund will be made for low usage of the facility.
5. Cancellation
5.1 Upon receipt of written notification of
cancellation four weeks prior to Hire date The Message Group shall refund any monies
paid less the Deposit.
5.2 Upon receipt of written notification within
four weeks prior to Hire date no refund will be provided.
6. DAMAGE LOSS AND REPAIR
6.1 The Hirer shall be responsible for the
loss, theft or destruction of or for any damage to the Kiosk occasioned in any
manner or by whosoever or by any cause whatsoever while the Kiosk is at the
Hirer’s risk (other than as a result of fair wear and tear) and fully and effectually indemnify The Message Group in respect of all
claims. Proceedings, costs, expenses. Loss, damage and
liabilities incurred by The Message Group arising directly or indirectly form any
such, loss theft, destruction or damage.
6.2 6.2 The Message Group shall not be responsible for any losses or equipment failure
which is beyond its control.
7. TERMINATION ON DEFAULT,
ETC
7.1. Without prejudice to the provision of
clause 4.4 The Message Group may by written notice (in addition to any other rights)
terminate this Agreement or suspend its performance of all or any of its
obligations under the same immediately and
whether for compensation or damages or otherwise if the Hirer fails to
comply with any of its obligations under the terms of this Agreement.
8. ENTIRE AGREEMENT
8.1. This Agreement expresses the entire
agreement between of the Parties in respect of the matters contained or
referred to in it and there are no promises terms conditions or obligations
oral or written express or implied other than those contained herein.
8.2. No warranties,
representations or other matters were relied upon by the Hirer causing it to
enter into this Agreement other than those expressly set out herein.
8.3. This Agreement shall not
otherwise be modified in any way except by a written instrument signed by the
Parties.
8.4. Except in the case of
fraudulent misrepresentation the only remedy available to the Hirer in respect
of any misrepresentation or untrue statement made to it shall be a claim for
breach of contract.
9. FORCE MAJEURE
9.1. The Message Group shall not be
liable for any failure in the performance of any of its obligations under this
Agreement caused by, and may suspend performance of the same during, factors
outside its control including, but not limited to, disorder and natural
disasters.
10 THIRD PARTIES
10.1. The Parties do not intend that any term of
this Agreement may be enforced by a third party as defined in the Contracts
(Rights of Third Parties) Act 1999 under the provisions of that Act.
11. NOTICES
11.1. Any notice required to be
given for the purposes of this Agreement must be given by registered or
recorded delivery mail.
11.2. The Hirer's address for the
service of notice shall be address stated on the Initial Booking Form. Any
changes of address must be notified and acknowledged to be deemed as valid.
11.3. A notice shall be deemed
to have been serviced if a notification of completed recorded delivery notice is
provided via royal mail.
12. CHOICE OF LAW AND
JURISDICTION
12.1.This contract shall be
governed by English law and subject to the exclusive jurisdiction of courts of