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TERMS AND CONDITIONS FOR MARINA LOIS EVENTS SHOP

1 Definitions

‘the Customer’, ‘Deposit’, ‘Damage Deposit’, ‘the Goods’, ‘Delivery / Collection Point’, ‘the Equipment’, ‘the Price’, ‘the Hire Charge’, ‘the Hire Period’ and ‘Terms of Payment’: have the meanings set out in the Order Form;

‘we’ / ‘us’ / ‘our’ means Marina Lois Events Limited whose registered office is at 102 Taliesin Court, Chandlery Way, Cardiff, CF10 5NJ (a Company registered in England & Wales under Company Registration No.:06817180);

‘you’ / ‘your’ means the Customer; and

‘Terms’ mean these terms and conditions of business set out herein.

2 General

2.1 These Terms apply to all contracts for the sale and purchase of the Goods and/or the hire of the Equipment between us and you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order or similar document. Dispatch or delivery of the Goods and/or Equipment to you shall be deemed conclusive evidence of your acceptance of these Terms.

2.2 These Terms (as may be amended pursuant to these Terms) embody the entire understanding between us and you and supersede any prior promises, representations, undertakings or implications however and whenever made.

2.3 All orders for Goods and/or Equipment shall be deemed to be an offer by you to hire and/or purchase the Goods and/or Equipment pursuant to these Terms until accepted by us whereupon the Contract to hire and/or purchase shall be effective.

2.4 Any quotation in whatever form given to you is given subject to these Terms and does not constitute an offer to sell. These Terms shall govern the Contract whether or not we despatch an acknowledgement of order to you.

3 Limited Period of Hire

For Hire of the Equipment, if you are an individual or partnership (or other unincorporated body) or otherwise a consumer the Hire Period shall not exceed three months.

4 Payment

4.1 You must pay the Hire Charge and/or Price punctually and in accordance with the Terms of Payment. Payment shall not be deemed to have been made until we receive cleared funds or cash.

4.2 The Hire Charge is for the Hire Period and includes Saturdays, Sundays and Public Holidays where those days are included in the Hire Period.

4.3 If you are a Credit Account Customer for whom credit terms have been agreed in writing, payment is due within 30 days of the date of invoice. Credit limits are at our discretion and may be varied, withdrawn or increased by us at any time.

4.4 Unless otherwise agreed by us in writing, any payments due to us must be paid to no one other than us and must include the appropriate amount of any VAT.

4.5 Any payment sent by you to us is at your risk until we receive that payment.

4.6 Where you make any payment to us by credit card and any other payments of whatever nature are due to us under these Terms, you authorise us to charge the same credit card with such payments.

4.7 In all cases, and for all sums due from you to us, time for payment is of the essence.

4.8 Any queries concerning invoices must be made in writing within 7 days of the invoice date in default of which it shall be deemed that you are completely satisfied with the Goods and/or Equipment.

4.9 If Goods are purchased from us in order to solely facilitate the use of the Equipment, we may arrange, at our discretion (and without any obligation to do so), a refund of the price so paid for those Goods in whole or in part where they are returned to us in an unused condition.

5 Deposits

5.1 The Deposit will be set against the Hire Charge.

5.2 The Deposit is not refundable under any circumstances.

5.3 The Deposit and/or Damage Deposit is payable in accordance with the Terms of Payment.

5.4 Damage Deposits will be refunded to you upon the return to us of the Equipment in good condition for which you agree to allow us 24 hours to inspect the Equipment to ascertain if this is the case. If it is not, we shall be entitled to use the Damage Deposit to discharge whether in whole or in part your liabilities to us under these Terms.

6 Late payments

6.1 If we grant you extra time or installment facilities to pay any monies due, any breach of the terms we agree shall render at the time of the breach (the time and whether a breach to be determined solely by us at our discretion) the entire sum then outstanding payable immediately whether demanded or not.

6.2 You will pay us any reasonable debt collection and legal charges incurred by us to recover any sums due to us and/or the Equipment and/or the Goods.

6.3 We reserve the right to charge interest on any sums overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 as amended or supplemented, and/or suspend further services to you of whatever those services may be.

7 Delivery / Collection

7.1 Unless otherwise agreed by us in the Order Form, you are responsible for the collection of the Goods from the Collection / Delivery Point at your own expense.

7.2 Unless otherwise agreed by us in the Order Form, you are responsible for the collection and delivery of the Equipment from and to the Collection / Delivery Point at your own expense on the expiry or sooner determination of the Hiring Period in a condition consistent with the proper performance of your obligations under these Terms.

7.3 You must collect and return the Equipment to and from the Collection/ Delivery Point on the dates and times set out in the Order Form unless otherwise stated on the Order Form or agreed in writing.

7.4 Delivery and collections by us of the Equipment and/or Goods from any other place other than the Collection/Delivery Point is available at an additional charge.

7.5 When Equipment is collected or delivered after the Hire Period, whether by us or you, you will be charged ongoing hire charges (charged pro rata the Hire Charges) until the Equipment is returned to the Collection/Delivery Point except this provision shall not apply if the reason for the delay in collection or delivery is entirely attributable to us.

7.6 Where we collect the Equipment, you are responsible for it, including its security and condition, until we actually collect all of it.

7.7 Where we have agreed to deliver the Goods and/or Equipment at a time and place anywhere other than the Collection/Delivery Point but neither you nor your duly appointed agent are subsequently available to receive the delivery when we arrive or the delivery is cancelled whilst in transit, the delivery shall be deemed as aborted and the Goods and/or Equipment shall be returned to us awaiting further delivery at a reasonable time convenient to you and us. In such case, the aborted delivery shall be charged to you at the same price and in addition to the original delivery charge and we shall not be obliged to make any further delivery until payment for the aborted delivery is paid.

7.8 If at the date and times agreed, the Equipment is not available or only partially available for collection by us for whatever reason, you will be charged for each additional journey to complete the collection, charged at the price quoted for the original collection, and additional hire charges for the extra time it takes to collect the Equipment and return it to the Collection / Delivery Point (charged on a pro rata basis of the original Hire Charges).

7.9 You must provide adequate access for delivery and/or collection of the Goods and/or Equipment. Obstacles and health & Safety risks must be removed for delivery/collection to take place.

8 Risk

Risk in and the security of the Equipment and/or Goods is with you from the time you receive them and in the case of the Equipment until they are received back into the Collection/ Delivery Point.

9 Receipt and Inspection of Equipment and Goods

9.1 Your signature on the Order Form at delivery/handover of the Equipment and/or Goods is confirmation of delivery.

9.2 Any shortages of Goods and/or Equipment must be agreed and noted on the Order Form or delivery document.

9.3 You must inspect the Equipment and/or Goods on delivery or collection and unless within 4 hours of delivery or collection you give us notice specifying any defect in, shortage or other proper objection to, the Goods and/or Equipment it shall be conclusively presumed that they are in good condition and repair except for latent defects not apparent on reasonable inspection and are of the correct quantity.

9.4 Notwithstanding the above we shall not be liable in any way by reason of, or as a result of, any defects in the Goods or Equipment however caused, except that we do not exclude or restrict our liability for death or personal injury resulting from our negligence including that of our employees in the course of their employment with us.

9.5 No one, other than our employees or duly authorised agents have any authority to make on our behalf any representation concerning the Goods or Equipment.

10 Use of Equipment

10.1 You must use the Equipment properly and ensure that it will be safe and without risk to health;

10.2 You must not remove, modify, add to or alter, or permit removal, modification, addition or alteration of, any marks, symbols, plating, identification, registration numbers or marks endorsed or affixed to the Equipment including any identifying us as the hirer of the Equipment.

10.3 You are responsible for the safe and correct operation of the Equipment (conforming to relevant legislation and our operating and safety instructions supplied, if any) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children.

10.4 You must ensure any other equipment not supplied by us used in conjunction with or attached to the Equipment also conforms to safety requirements.

10.5 You must immediately notify us of any Equipment breakdown, defect or shortcoming without attempt at repair. We shall provide you with instructions as to what to do whereupon, unless you cannot comply with any such instruction (and you must give us the reason why you are not able to do so) you should follow those instructions competently and safely.

10.6 Where Equipment requires fuel, oil and/or electricity, you must ensure that our or the manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.

10.7 You must not sell, assign, mortgage, charge, rent, sublet or otherwise relinquish possession of the Equipment or any interest in it or the benefit of this contract.

10.8 You must keep the Equipment free of all liens, repossession, seizure and distraint.

11 Cleaning

Where the Equipment is returned to us in a state less clean than when initially hired to you, you will be responsible for our reasonable cleaning costs.

12 Damage, loss and repair

12.1 You must immediately notify us of any material loss of, or damage to, the Equipment.

12.2 You are responsible for the cost of repair or full replacement cost (at our discretion to be exercised reasonably) of all Equipment damaged or broken whether in whole or in part during the Hire Period.

12.3 You are responsible for the full replacement cost of all Equipment lost or stolen. 12.4 If you have purchased ‘Damage Waiver’ from us we will waive any charges for rectifying and repairing accidentally damaged returned Equipment but not where the damage is such that the Equipment has to be replaced because it cannot be repaired.

13 Inspection

13.1 You must allow us to inspect the Equipment and its use at all reasonable times decided upon by us at our discretion.

13.2 We will treat as lost any Equipment unavailable for inspection after reasonable notice has been given by us to you of our requirement to inspect it.

14 Indemnity against third party claims and limitation of liability

14.1 As an obligation surviving termination of this Contract, you will indemnify us in respect of any claims made against us and all damages, costs and expenses suffered or incurred by us as a result of any third party claim arising out of the state, condition or use of the Equipment during the Hire Period and any other period in which the Equipment is in your possession custody and control whether under these Terms or otherwise.

14.2 Except as may otherwise be provided in this Contract and in the case of death or personal injury caused by our negligence, our liability under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Hire Charges paid by you to us under this Contract except that we shall have no liability at all for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

15 Our responsibilities

Where necessary and appropriate and at our discretion, but without any obligation to do so, we shall provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.

16 Termination

We may terminate the Contract and take back the Equipment without any liability to you and without affecting any of our rights to recover monies due, damages for breach of contract or other remedies where you are in breach of this Contract or if you are the subject of bankruptcy, insolvency or liquidation proceedings. Where we give you notice of this, you shall no longer be in possession of the Equipment with our consent.

17 Cancellation

If you cancel this Contract (and in such case you will be in breach of this Contract) for the hire of the Equipment within the following periods, we shall be entitled to charge you the following sums:

17.1 At any time more than 4 weeks before the start of the Hire Period: the Deposit

17.2 At any time within 4 weeks before the start of the Hire Period: the Hire Charge, the Damage Waiver Charge.

18 Conditions and warranties

You are entitled to the benefit of all conditions, warranties or other terms express or implied, relating to the Equipment and Goods provided by law and given to us by the suppliers or manufacturers of them (so far as we are entitled to transfer them, if at all).

19 Our expenses

Any expense incurred by us in recovering possession of the Equipment on default by you in returning them to us where you are obliged to do so under these Terms shall be reimbursed by you to us on demand.

20 Ownership of Goods and/or Equipment

20.1 Title to the Goods shall not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.

20.2 The Equipment shall remain at all times personal or movable property and belongs to and shall continue in our ownership notwithstanding that it may have been affixed to any land or building.

20.3 We may inform the owner and/or management of the premises where the Equipment is from time to time located of our ownership of it.

21 Returns Policy – Goods Only

21.1 If you are not satisfied with Goods for reasons other than because they are damaged, defective or incorrectly supplied, they can be returned to us provided they are;

21.1.1 actually received by us within 7 days of the date of purchase (although this provision does not apply to);

21.1.2 either be personally returned to us at a place and on a time and date agreed between us or posted them back to us at 102 TALIESIN COURT, CHANDLERY WAY, CARDIFF, CF10 5NJ;

21.1.3 in their original condition and packaging with any security seals intact;

21.1.4 packaged up securely; and

21.1.5 accompanied by a letter explaining the reason for the return, the invoice number, your email address, your telephone number and whether you would like a refund or a replacement

21.2 If the conditions in clause 21.1 are met, we shall either refund you the price paid by you for, or replace, the Goods.

21.3 We can only refund or replace the Goods if we receive them and so we recommend you use an insured mail service.

21.4 Any refunds are made onto your credit/debit, not in cash.

21.5 In relation to damaged, defective or incorrectly supplied goods, we shall reimburse your postage costs for sending the Goods to us so you shold provide us with full details of that cost at the time of return.

21.5 If the Goods are replaced, we shall refund you for the original item and then charge you for the replacement when we are ready to send it out.

22 Disclosure and Data Protection

Before entering into this Contract we may search your records at credit reference agencies.

23 Force Majeure

Neither you nor us shall be liable for any failure or delay in performing our obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond yours or ours reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

24 Anti-Poaching

You must not at any time during the continuance of this Contract and for a period of 12 months after its termination, howsoever terminated, without our prior written consent either alone or on behalf of or jointly with any other person, directly or indirectly employ, engage, solicit or endeavour to entice away from us any person who is an employee or was an employee in the 12 months immediately preceding the date on which this Contract is terminated; nor induce any employee to break his contract of employment or any other obligations with us and “employee” shall include an employee, worker, agency worker, contractor, officer or consultant whether employed by us or engaged by us on a self- employed basis.

25 Joint and Several Liability

Where there are two or more of you, each of you is separately responsible for performing your own obligations and those of your co-signatories under this Contract.

26 Variation

This Contract may only be amended in writing signed by duly authorised representatives of you and us.

27 Waiver

No failure or delay by us in exercising any right, power or privilege under this Contract shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.

28 No assignment etc

You must not without our prior written consent assign or dispose of this Contract, part with any interest in it, or grant any lease or license or delegate any of the rights conferred by it.

29 Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Contract this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

30 Statutory Rights

Nothing in this Contract is intended to affect a consumer’s statutory legal rights.

31 Notices

31.1 Any notice to be given under this Contract shall be in writing and shall be sent by first class mail, or e-mail (confirmed by first class mail), to the address or email address of you or us as set out in the Order Form or such other address or email address as we or you may from time to time notify to each other.

31.2 Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail) or the next working day after sending (in the case of e-mail).

32 Jurisdiction

The validity, construction and performance of this Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the Courts of England & Wales to which the parties submit.

33 Interpretation

In these Terms unless the context otherwise requires:

33.1 Any rights exercised by us under any particular provision or provisions of these Terms are without prejudice to any other right or remedy we may have under these Terms or in law generally.

33. 2 words importing the singular number include the plural number and vice versa; words importing person or persons include firms, companies and corporations, unincorporated bodies and vice versa;

33.3 Any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;

33.4 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and

33.5 Where the word ‘including’ is used in this Contract, it shall be understood as meaning ‘including without limitation’.