Unique Celebrations General Terms and Conditions

Background

These Terms and Conditions are the standard terms for the provision of  Your Unique Celebration by Unique Celebrations of Unique Celebrations, New Forest Enterprise Centre, Chapel Ln, Totton, Southampton SO40 9LA 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

Information About Us 

Unique Celebrations whose address is: Unique Celebrations, New Forest Enterprise Centre, Chapel Ln, Totton, Southampton SO40 9LA

The Contract

• These Terms and Conditions govern the sale and provision of  you Unique Celebration by us and will form the basis of the Contract between Us and you. Before submitting a booking, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
• Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
• A legally binding contract between us and you will be created upon our acceptance of your signed Event Booking Form, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
• We shall ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, save for where such information is already apparent from the context of the transaction:
• The main characteristics of your Unique Celebration;
• Our identity and contact details;
• The total Price for your Unique Celebration including taxes or, if the nature of the your Unique Celebration is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
• The arrangements for payment, performance and the time by which (or within which) We undertake to perform your Unique Celebration.
• Our complaints handling policy;
• The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.

Orders

• All Orders for Unique Celebrations from us made by you will be subject to these Terms and Conditions.
• You may change your Order after receiving the Order Confirmation, before the Event begins. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that We will be able to do so.  If doing so means that We will incur higher costs, We will inform you and ask you how you wish to proceed before taking any action.  We will not charge you a higher Price without your agreement.
• You may cancel your Order within 14 Days of order confirmation. If you have already made any payments to Us under Clause 5 (excluding any Deposit), the payment(s) will be refunded to you within 14 Working Days.  If you request that your Order be cancelled, you must confirm this in writing.  If you wish to cancel your Unique Celebration after this time period, or once we have begun providing them, please refer to our terms and conditions
• We may cancel your Order at any time before We begin providing your Unique Celebration due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to us (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.

Price and Payment

• The Price of your Unique Celebration will be calculated in accordance with Our Pricing Structure in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
• If We quote a Special Price which is different to the Price shown in our current Pricing Structure, the Special Price will be valid for 14 Days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
• Our Prices may change at any time but these changes will not affect Orders that We have already received or accepted.
• All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.
• Before We begin creating your Unique Celebration, you will be required to pay a Deposit of 25% of the total Price for the Event plus a £250.00 Malicious Damage Deposit. The due date for payment of your Deposit will be included in the Order Confirmation but is usually within 3 days of receiving the Order Confirmation. 
• In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for your Unique Celebration, Our Pricing Structure, and the amount of work (if any) already undertaken by Us.
• The balance of the Price will be payable 28 Days prior to the date of the Event.
• Additional items such as out of pocket expenses or any additional items requested by you after the balance of the Price has been paid will be invoiced separately to you for immediate payment. Please note that we will not incur any additional expense without your prior agreement verbally or in writing.
• We accept the following methods of payment:
• Cash;
• Cheque (in Advance of Event);
• BACCS;
• If you do not make payment to us by the due date on Order Confirmation and or Event Booking Form, we may charge you interest on the overdue sum at the rate of  4% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.  If payment of the Price is required before your Event begins, please note that failure to make the payment by the due date may result in us not providing your Unique Celebration.  If this occurs, We will retain your Deposit in full to cover preparatory work already undertaken and Our lost opportunity to provide services to another customer, and may still demand further payment for any part of your Unique Celebration that We have already provided (including, but not limited to, preparatory work).
• This provisions will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

Providing your Unique Celebration.

• As required by law, We will provide your Unique Celebration with reasonable skill and care, consistent with practices and standards in the event market, and in accordance with any information provided by us about our Services.
• Subject to the receipt of all payments due, We will provide your Unique Celebration as specified in your Event Booking Form.
• We will make every reasonable effort to provide your Unique Celebration on time and in accordance with your booking. We cannot, however, be held responsible for any delays if an event outside of our control occurs.  Please see Clause 9 for events outside of Our control.
• If We require any further information, items or action from you in order to provide your Unique Celebration, We will inform you of this as soon as is reasonably possible.
• If the information or items you provide, or the action you take is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided or action that you have taken We may charge you a reasonable additional sum for that work.

Menu and guests

• The menu items we shall provide will be set out on our Events Booking Form.

• We reserve the right to make small changes to the menu if key ingredients cannot be sourced due to reasons beyond either party’s control.

• All menu changes must be communicated to us at least 14 Days before you Unique Celebration. 

• You shall confirm the number of guests at least 14 Days before your Unique Celebration.

Problems with Your Unique Celebration and Your Legal Rights

• We always use reasonable efforts to ensure that our provision of your Unique Celebration is trouble-free. If, however, there is a problem with your Unique Celebration we request that you inform us as soon as is reasonably possible (you do not need to contact us in writing).
• We will use reasonable efforts to remedy problems with your Unique Celebration as quickly as is reasonably possible and practical in the relevant circumstances.
• We will not charge you for remedying problems where the problems have been caused by us, any of our agents or employees or sub-contractors. If We determine that a problem has been caused by incorrect or incomplete information or items provided by you, or incorrect or incomplete action taken by you, we may charge you for remedial work.
• As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If we do not perform your Unique Celebration with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If for any reason We are required to repeat your Unique Celebration in accordance with your legal rights, We will not charge you for the same and we will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Event Management Services, You also have remedies if We use materials that are faulty or incorrectly described.

Our Liability

• We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
• We provide your Unique Celebration for domestic and private use or commercial. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
• If we are providing your Unique Celebration in your property and we cause any damage we are not responsible. In Addition we are also not responsible for any pre-existing faults or damage in or to your property.
• Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
• Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform your Unique Celebration with reasonable care and skill or in accordance with information provided by us.
• Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

Cancelations and Terminations 

• If you wish to cancel the Contract before the start of your Event Hire Period you must notify us of the cancellation in writing by email to :
• welcome@uniquecelebrations.co.uk
• In the event that you cancel the Contract, including for the avoidance of doubt where delay or failure results from events, circumstances or causes which are beyond you reasonable control, we shall be entitled to charge the Customer cancellation charges. 
• When Notice of Cancellation is received: Percentage of Charges chargeable
  • 57 days or more prior to the Hire Period: 50% of the Charges.
  • Between 56 days and 28 days before the Hire Period: 75% of the Charges.
  • 28 days or fewer prior to the Hire Period: 100% of the Charges.
• We reserve the right to cancel an agreed hire for any reason including, but not limited to, the following reasons:
  You fail to pay any amount payable under this Contract by its due date, exceeds its credit limit or commits any breach of its obligations under this Contract;
  You have an interim or bankruptcy order made against them with a creditor’s demand under the Insolvency Act 1986, or make a formal composition or scheme with your  creditors, or call a meeting of them;
  execution is levied or attempted against any of your assets or income;
  if the provision of the Items are prevented by circumstances beyond our control;
  the owner of the Site threatens or takes any step to distrain on the Items;
  You have given false information in connection with your entry into the Contract;
  the Items are destroyed or damaged and as a result are unable to be used.
  We reserve the right to terminate the Contract for any reason including, but not limited to, the following reasons:
  in the interest of health and safety concerns; or
  if the Items are not being kept securely at the Site or are at risk of damage.
• We will not be liable for any losses incurred by you due to the cancellation or termination of the hire of the Items. In the event of a cancellation we will refund:
  all monies paid by you on account, if the Contract is ended prior to the commencement of the Event Hire Period (less reasonable administrative charge by  us and any costs properly incurred by us in relation to the hire of the Items); or
  monies representing payment on a pro-rata apportionment basis, for any period for which the Customer did not have use of the Items as a result of our termination, if the Contract is cancelled during the Hire Period, such refund shall be made by the method you used for payment, within 14 days from the day on which we provided notice of such cancellation to you.

Events Outside of Our Control (Force Majeure)

• We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
• If any event described above occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
• We will inform you as soon as is reasonably possible;
• Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
• We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of your Unique Celebration as necessary;
• If an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3;
• If the event outside of our control continues for more than 2 weeks, We will cancel the Contract in accordance with Our right to cancel and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

Communication and Contact Details

• If you wish to contact Us with questions or complaints, you may contact Us by telephone at 01590452007 or by email at weclome@uniquecelebrations.co.uk
• In certain circumstances you must contact us in writing. When contacting us in writing you may use the following method:
• by email at weclome@uniquecelebrations.co.uk

Complaints and Feedback

• We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
• All complaints are handled in accordance with Our complaints handling policy and procedure, available from welcome@uniquecelebrations.co.uk
• If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or you Unique Celebration, please contact Us in one of the following ways:
• By email or by telephone 01590452007

How We Use Your Personal Information (Data Protection)

• For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our Website

Other Important Terms

• We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
• You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
• The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
• If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
• No failure or delay by us in exercising any of our rights under these Terms and Conditions means that We have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

• These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
• As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clauses above takes away or reduces your rights as a consumer to rely on those provisions.
• Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residence.

Equipment Dry Hire Terms and Conditions

Hire request

• The acceptance by us of a hire request is made on the condition that you agree to be bound by these Hire Conditions. 
• The submission of an enquiry form or a request for a quote by you (whether in hard copy or electronically is only an offer to hire the Items, by way of licence. No request or enquiry shall be deemed confirmed, and the agreement shall not come into effect as a Contract, until: 
• We confirm acceptance of your booking in writing to you. Once we have received a signed copy of your Event Booking Form (which is subject to these Hire Conditions); and the Deposit (consisting of 25% of the total amount plus a £250.00 Malicious Damage Deposit) in cleared funds into our account.
• We may at our absolute discretion “provisionally” accept hire requests. However, these will only be held for a maximum of 2 (two) weeks. Until the provisional booking is confirmed as an accepted booking by us in accordance with our conditions and the Deposit paid in full, we may in our absolute discretion release that request from a provisional booking and in no circumstances shall a provisional booking constitute a booking or the parties entering into a Contract. 
• The Charges (less any Deposit already received in cleared funds by us) must be paid in full in cleared funds at least 28 days from the event date. If a booking is made less than 28 days prior to the event date, the entire Charge will be due immediately upon the signing of the Contract.
• The Event Period includes the time it may take to install, de-install or collect and deliver the Items. If you require additional time outside of the Event Period for any reason or if the installation de-installation or collection takes additional time due to the acts or inactions of the Customer or any person on the Site, we may charge an additional charge for this extra time. 

Hire Items 

• This is a event hire agreement. The Items will remain our property at all times and can never become the Customers. You must not sell or dispose of any of the Items.
• You must keep the Items safely and ensure that they are kept secure at the Site and may not move the Items elsewhere without first obtaining our written or verbal consent.

The Customer must:

• Ensure that all Items are kept and operated in a suitable environment;
• Take such steps (including compliance with all safety and usage instructions provided by us) as may be necessary to ensure, so far as is reasonably practicable, that the Items are at all times safe and without risk to health when it is being used, cleaned or maintained by any person;
• Not make any alteration to the Items and not remove any existing component(s) from any Item without our prior written consent;
• Ensure that no person other than the Customer or any other person on the Site uses or operates the Items at any time unless expressly authorised to do so by Unique Celebrations ;
• Not use the Items for any unlawful purpose;
• Permit us at all reasonable times and upon reasonable notice to inspect the Items including procuring access to the Site;
• Not stick, nail, screw or fix in any way anything to the Items;
• Ensure that all Items are returned in a clean and working condition;
  Notify us immediately if an Item on delivery requires maintenance or adjustment. We or  our on-site support (if provided) will then seek to remedy this. If  you do not notify us on delivery you agree that the Items are in full working order; and
• Notify us immediately after any breakdown, loss and/or damage to the Items and not use the Items following the breakdown, loss and/or damage. 
• If at any time we decide that it is no longer practicable to keep any Item in working order we may either:- 
• Replace any Item with other goods as similar as possible to those replaced; or 
• Terminate this Contract by giving you notice (effective immediately).
• If we terminate the Contract you must let us collect the Items from the site as soon as practicable.

Event Hire Period

• The term of the Contract shall commence at the time specified on the Event Booking Form and shall unless, terminated in accordance with these Hire Conditions or if a delay is caused, will terminate immediately following the end of your Unique Celebration.

Services

• The Events Booking Form shall detail the costs for the provision by us of any services and On-Site Support which are required for the purposes of this agreement and as specified in the Event Booking Form.
• For the duration of the Event Hire Period the risk of the Items will be that of the Customer and you shall operate the Items and adhere to the instructions of the On-Site Support.
• For the duration of the period which On-Site Support is provided you shall remain responsible for the security and use of the Items and all liability remains with you (subject to these Hire Conditions). 
• You shall be solely responsible for the acts of any person on the Site (whether authorised by you or not) for any damage which occurs as a result of such actions. 
• Unless agreed otherwise, we shall be responsible for delivering the Items to the Site for the start of the Event Hire Period and for collecting the Items from the Site at the end of the Event Hire Period. The Customer shall remain responsible and liable for the Items (including any loss, damage or theft) until the Items have been collected by or returned to our possession.
• You will allow and/or procure sufficient access to and from the Site and procure sufficient unloading space, facilities, equipment and access to utilities for the purpose of delivery, installation, de-installation, collection and/or On-Site Support throughout this Contract. 
• The Site needs to be appropriate for the delivery by heavy goods vehicles and the loading and unloading tasks required for the purposes of this Contract. Any damage, delays or issues which arise due to the condition of the Site is at your risk and we may recover additional charges to cover any extra costs or losses incurred by us as a result of this.

Cancelations and Terminations 

• If you wish to cancel the Contract before the start of your Event Hire Period you must notify us of the cancellation in writing by email to :
• welcome@uniquecelebrations.co.uk
• In the event that you cancel the Contract, including for the avoidance of doubt where delay or failure results from events, circumstances or causes which are beyond your reasonable control, we shall be entitled to charge the you cancellation charges. 
• When Notice of Cancellation is received: Percentage of Charges chargeable
  • 57 days or more prior to the Hire Period: 50% of the Charges.
  • Between 56 days and 28 days before the Hire Period: 75% of the Charges.
  • 28 days or fewer prior to the Hire Period: 100% of the Charges.
• We reserve the right to cancel an agreed hire for any reason including, but not limited to, the following reasons:
  You fail to pay any amount payable under this Contract by its due date, exceeds its credit limit or commits any breach of its obligations under this Contract;
  You have an interim or bankruptcy order made against them with a creditor’s demand under the Insolvency Act 1986, or make a formal composition or scheme with your  creditors, or call a meeting of them;
  execution is levied or attempted against any of your assets or income;
  if the provision of the Items are prevented by circumstances beyond our control;
  the owner of the Site threatens or takes any step to distrain on the Items;
  You have given false information in connection with your entry into the Contract;
  the Items are destroyed or damaged and as a result are unable to be used.
  We reserve the right to terminate the Contract for any reason including, but not limited to, the following reasons:
  in the interest of health and safety concerns; or
  if the Items are not being kept securely at the Site or are at risk of damage. 
• We will not be liable for any losses incurred by you due to the cancellation or termination of the hire of the Items. In the event of a cancellation we will refund:
  all monies paid by you on account, if the Contract is ended prior to the commencement of the Event Hire Period (less reasonable administrative charge by  us and any costs properly incurred by us in relation to the hire of the Items); or
  monies representing payment on a pro-rata apportionment basis, for any period for which the Customer did not have use of the Items as a result of our termination, if the Contract is cancelled during the Hire Period, such refund shall be made by the method you used for payment, within 14 days from the day on which we provided notice of such cancellation to you.

Item Damage 

• You shall at all times:-
  be responsible for the actions or inactions of any of your family, friends, staff, volunteers, contractors, or any person on the Site and shall indemnify us in respect of all and any damage to or theft of the Items (or any part) that occurs during the Event Hire Period and all times outside of the Event Hire Period where the Items remain under your control or responsibility (Item Damage); and;
• Indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any damage to the Items. This condition shall survive termination of the Contract.
• In the event of loss or damage affecting the functionality of the Items during the Event Hire Period, except for as a result of fair wear and tear, you shall indemnify us against all losses, costs and expenses incurred by us in relation to the hire of alternative equipment, the repair of any Items or items for the period between the date of such loss/damage and/or the acquisition of replacement equipment and the proceeds of any insurance shall be paid to Unique Celebrations  on demand.
• You or any of your family, friends, staff, volunteers, contractors, or any person on the Site must not repair or attempt to repair the Items without the written consent of Unique Celebrations. 

Generators and Power Distribution 

• If a generator is running 24/7 you will be responsible for the costs for routine maintenance (being conducted approximately every 500 running hours) and fair wear and tear and such maintenance and repair shall only be carried out by a fully qualified professional which we will approve in writing.
• Where we recommend that a Customer hires or has available a back-up generator and where that Customer fails to adhere to the recommendation the Customer does so at its own risk and accepts that we are not liable for any loss suffered by a failure of the single generator (whether as a result of an inherent default and fair wear and tear) which would have been prevented by a back-up generator.
• If there is a breakdown or issue with the Items as a result of fair wear and tear or an inherent default or if routine maintenance is required the cost to repair or replace the Items shall be borne by us provided that you notify us of the issue as soon as possible. 
• Where a breakdown has been reported to us we will endeavour to resolve the issue as soon as reasonably possible. We will initially obtain more information and seek to identify and resolve the issue over a telephone call. If the issue requires Site attendance we will arrange an engineer to attend within a reasonable timescale. If the issue cannot be resolved we will provide a replacement Item to the Site. 
• You shall comply with all conditions, regulations, guidance or codes under applicable law, provided by us or provided by the local authority in relation to the Items such as health and safety requirements and the use and installation of the Items and all costs of these shall be borne by you.
• You shall be responsible for the conduct, actions or inactions in relation to the hiring and use of the Items which breach condition any of our terms and conditions by any of your family, friends, staff, volunteers, contractors, or any other person on Site.
• Where equipment is to be ‘dry-hired’ (hired without On Site Support from us), it is your responsibility and cost to ensure all out-going electronic connections and services are installed by a competent person, that any circuits are tested and a certificate issued as safe to energise and test results issued to BS7909 or BS7671.
• We accept no responsibility for the safety or suitability of any on-going connections or equipment connected to untested installations irrespective of who has supplied the distribution cables and distribution boxes. Earth leakage settings on the generators is the responsibility of the responsible individual signing off the installation or you. Any electrical trips or failures are to be borne by yourself.
• All cables must be returned coiled and taped, we reserve the right to charge coiling and cleaning as an additional charge.

Insurance 

• You shall take out a policy of insurance with a reputable insurance company to cover all Items for their total replacement value and to cover such reasonable risks we may specify. Alternatively, we will provide reasonably priced insurance in respect of the Items at an additional cost to you during the course of the Event Hire Period. You shall produce to us on demand full particulars of that insurance and the receipt for the premium.
• The Customer must for the duration of the Event Hire Period not commit any act or omission, the effect of which is to invalidate any insurance policy held by yourselves

Interest 

• If any money due and payable by yourselves under this Contract has not been paid on the due date for payment, we may charge interest on the overdue amount at the rate of 4% (four percent) a year above The Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay Unique Celebrations  interest together with any overdue amount. 

Nature of our Equipment Hire Contracts

• You acknowledges that Unique Celebrations retains ownership of the Items. You have no right, title or interest in the Items 
• If you wish to make a change to the agreed Contract Details set out in the Event Booking Form, you should contact us as soon as practicable, and we will confirm whether the change is possible. If the change is possible and additional costs will be incurred by us to implement the change, we shall notify you of such additional costs and the date by which they must be paid in full. We must receive from you payment of such additional costs in full in cleared funds before we are obliged to proceed with the agreed change. If we do not respond to the request or if the change is not possible then no change to the Contract shall be deemed to be made.

Termination

• Termination of the Contract will not affect any rights, remedies or obligations of the parties that have accrued or become due prior to termination.

Force majeure

• Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (except for circumstances where we have provided the Items to you shall  you be required to pay the Charges or where you are required to pay a Cancellation Charge).

Assignment and other dealings.

• You shall not assign, transfer, sublet, subcontract or deal in any other manner with any or all of its rights and obligations under the Contract without our prior written consent.
• We may at any time assign, transfer, subcontract or deal in any other manner with any or all of its rights under the Contract.

Confidentiality

• Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the other party or use any other party’s confidential information for any purpose other than as required under the Contract, or unless required by law, any governmental or regulatory authority. 

Personal Information

• We will only use the Customer’s personal information as set out in our privacy policy which is available on Unique Celebrations website or by emailing :
• welcome@uniquecelebrations.co.uk

Entire agreement

• The parties agree that this Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. For the avoidance of doubt the parties agree that these Hire Conditions shall take precedence over any and all terms and conditions which the Customer may have. 

Variation

• No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

Notices 

• Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be: delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to :
• welcome@uniquecelebrations.co.uk
• A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 0900 hrs on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, on the next Business Day after transmission.

Governing law

• The Contract, and any dispute or claim (including non contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
  Jurisdiction
• Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. 

Third party rights

• The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.