BAY HIRE TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms:
Agreement means the Self Service Bay hire agreement entered into between the Hirer and Brimoto Group consisting of these Terms and the Booking Form taken together once Self Service Garage has countersigned a copy of these Terms in accordance with Clause 4.1 of these Terms;
Business Days means days, other than weekends, on which banks are open for general Business in England;
Hour means on hour of time in a business day agreed in the booking form;
Session means one session of four hours booked in series and allocated as per the booking form;
Bay Booking Form means a form, substantially in the form of the document to which these Terms are appended which, once completed, will form part of the Agreement together with these Terms;
Supervisor means the representative(s) of Self Service Garage in attendance on the Premises during the Hire Period;
Bay means the space allocated to the Hirer by Brimoto Group;
Work means any event or action taken by the Hirer in the bay space provided
Tools means any equipment provided in the bay for the use of the hirer at the time of the hire period.
Hire Charge means the total sum payable (which may or may not include VAT) by the Hirer to Self Service Garage in connection with the hire as confirmed to the Hirer in accordance with Clause 4 below;
Hire Period means the period of time booked for the Bay, including set up and clear up time, as stipulated by the Hirer on the Event Booking Form;
Hirer means the organisation or person named in the Event Booking Form as the hirer of the Bay;
Self Service Garage means Brimoto Group, 2c Rossbank Road, Ellesmere Port CH65 3AN;
1.2 In these Terms, unless the contrary intention appears, a reference to:
(a) a person includes a natural person, company, corporation, unincorporated association, trust or body, government, state, agency, organisation or other entity (whether or not having separate legal personality);
(b) a party includes its successors;
(c) a statute or statutory provision is a reference to that statute or provision as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it; and
(d) Writing or written includes faxes and emails.
1.3 Any obligation in the Agreement not to do something includes, without limitation, an obligation not to agree to, allow, permit or acquiesce in that thing being done.
1.4 The headings in these Terms do not affect their interpretation.
1.5 In the event of conflict between these Terms and the Hire Booking Form, these Terms shall take precedence.
2. HIRE PARTICULARS
2.1 The Hirer must provide full and accurate particulars of the proposed work to Self Service Garage on the Hire Booking Form or otherwise in writing.
2.2 Self Service Garage reserves the right to amend the Hire Booking Form on behalf of the Hirer to correct manifest errors or, with the Hirer's consent, for any other reason.
2.3 If the information required in Clause 2.1 is not forthcoming, or if Self Service Garage (in its absolute discretion) decides that the manner of work to be carried out in the Bay are, or are likely to be, in any way dangerous, obscene, sexist, homophobic, racist, offensive, controversial or inflammatory in any way or in breach of Self Service Garage’s safety policies, values or ethos, Self Service Garage reserves the right to refuse the booking or cancel the booking in accordance with Clause 15 (Cancellation).
3. TOOL AGREEMENT
3.1 You Shall
3.2 not remove any labels from and/or interfere with the tools, their working mechanisms or any other parts of them and take reasonable care of the tools and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to you;
3.3 notify us immediately after any breakdown, loss and/or damage to the tools;
3.4 take adequate and proper measures to protect the tools from theft, damage and/or other risks;
3.5 keep the tools at all times in your possession and control and not remove or lend the tools from the bay without our prior written consent;
3.6 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the tools required by any legislation, best practice and/or operating instructions except to the extent that we have agreed to provide them as part of any Services;
3.7 not continue to use tools where they have been damaged and will notify us immediately if the tools are involved in an accident resulting in damage to the tools, other property and/or injury to any person;
3.8 Where the tools require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the tools are properly installed by a qualified and competent person
3.9 The tools must be returned by you in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the tools.
3.9.1 Reimburse Self Service Garage for the cost of repair or replacement of any of the tools damages, lost or stolen as a result of the hirers use.
4. HIRE CONFIRMATION AND PAYMENT OF HIRE CHARGES
4.1 Within 1 Business Days of receipt by Self Service Garage of the Hire Booking Form together with a signed and dated copy of these Terms, Self Service Garage will:
If the booking is accepted, issue an invoice confirming the Hire Charge to be paid by the Hirer, which must be paid in a single lump sum by prior to any work being carried out by the hirer in the bay.
4.2 The Hirer should refer to www.self-service-garage.co.uk for the most up to date list of hire charges. For any further information on hire charges the Hirer should contact the Hire Team on 0151 355 9811.
4.3 Self Service Garage reserves the right to amend or vary the Hire Charge and to issue further invoices to the Hirer if the hire particulars change after the date of the initial invoice.
4.4 Payment of the Hire Charge may be made by personal cheque, PayPal, credit card or debit card.
4.5 Credit and debit card payments will be subject to additional charges that may vary from time to time (currently a 2.5% charge on credit card payments and a £0.50 charge on debit card payments).
4.6 If, for any reason, the Hirer fails to pay the Hire Charge or any other amount payable under this Agreement by the date on which such payment is due, Self Service Garage, in its sole discretion, may cancel the booking in addition to any other rights or remedies that it may have under this Agreement.
4.7 VAT is not currently chargeable on the hire of the Bay only. It is, however, chargeable on the total amount of the Hire Charge where refreshments are purchased and/or equipment is hired by the Hirer. Accordingly, the Hire Charge may or may not include VAT, as appropriate.
5.1 The number of persons attending must not (without the prior consent of the Hire Team or the Hire Supervisor) materially exceed the number specified by the Hirer in the Hire Booking Form.
6. HIRE SUPERVISOR
6.1 The Hire Supervisor will identify him or herself to the Hirer at or around the start of the Hire Period.
6.2 Prior to the start of the Hire Period the Hire Team will set up the Bay in the manner requested by the Hirer in the Hire Booking Form. The Hire team will not assist the Hirer with any further set up requirements unless agreed.
6.3 Immediately following the end of the Hire Period the Hirer will dispose of any Hire-specific materials remaining in the Bay not previously agreed with Self Service Garage.
7. DELIVERIES, SET UP AND CLEAR UP
7.1 Neither Self Service Garage nor any of its officers, employees, contractors or agents will accept the delivery of or organise the collection of parcels, boxes, recorded letters, equipment, or any other items on the Hirer's behalf unless agreed with the Office during or prior to the Hire period.
7.2 Set up and clear up time required by the Hirer is included in the Hire Period and the Hirer may not access the Bay for the purpose of setting up or clearing up the Work outside of the Hire Period.
8. RESTRICTIONS ON USE
8.1 The Hirer may only use the Bay for the purpose specified by it in the Hire Booking Form.
8.2 The Hirer must not, and must procure that all persons attending do not:
(a) allow any animals, other than a guide dog accompanying a person with a visual impairment, to enter or remain on the Premises; (b) smoke tobacco anywhere on the Premises other than in the specified area immediately outside the bay;
(c) Bring any illegal substances onto the Premises; or
(d) Play any music or video on the Premises without the prior authorisation of the Hire Team.
8.3 Self Service Garage may, in its sole discretion, refuse to allow to be brought onto the Premises any item considered to be dangerous or offensive.
8.4 The Hirer must, and must take all practicable steps to ensure that all persons attending the Event:
(a) Act in a respectable and orderly manner;
(b) Not cause nuisance or annoyance to other persons who may be using the Premises or to local residents;
(c) Reduce any noise generated in connection with the Hire and audible outside the bay if instructed to do so by the Hire Supervisor or the relevant authorities;
(d) Exit the Premises in a quiet and orderly fashion at the end of the Hire Period; and
(e) Act at all times in compliance with these Terms.
8.5 Any activities which are prohibited by or may otherwise nullify Self Service Garage's insurance policies from time to time are expressly forbidden. The Hirer is responsible for ensuring that work carried out do not engage in such actions.
9.1 The Hirer must ensure that any activity or work carried out in the bay does not contravene the hirer’s agreement.
9.2 Self Service Garage reserves the right to revoke the hire of the bay at any time if the hirer fails to meet the insurance and health and safety requirements of the hire agreement.
9.3 The Hirer must not undertake any work in the bay that involves the use of naked flames, welding equipment or the use of propellants.
10.1 The Hirer accepts full responsibility for the provision of suitable clothing and footwear.
11. ADDITIONAL INFORMATION
12. FIRE, HEALTH AND SAFETY
12.1 The Hire Supervisor will show the Hirer all applicable fire escape routes and assembly points at or around the start of the Hire Period. It is the Hirer's responsibility to inform all other attendees of these fire escape routes and assembly points.
12.2 No fire appliances may be removed from the Premises or tampered with and all gangways and exits must be kept clear of obstruction.
12.3 The Hirer accepts full responsibility for first aid.
13. END OF THE HIRE PERIOD
13.1 The Hirer must ensure that all attendees.
13.2 vacate the Premises at the end of the Hire Period
(a) Ensure that the premises are left clean and in good order; and
(b) Contact the Hire Supervisor who will ask the Hirer to sign a confirmation that the Bay has been left in good order.
13.3 If the Bay is not vacated by the end of the Hire Period or if the Premises are not cleaned and tidied to the satisfaction of the Hire Supervisor by the end of the Hire Period, Self Service Garage reserves the right to impose additional charges on the Hirer in its absolute discretion.
13.4 The Hirer must promptly report any damage to the Bay, Equipment or Tools to Self Service Garage's Hire Supervisor. The Hirer will be liable to pay for any such damage caused by the Hirer or any Hire attendee or guest.
14. RIGHT OF ENTRY
14.1 The rights granted to the Hirer in this Agreement shall not operate or be deemed to operate as a demise of the Bay or any part thereof and do not create a relationship of landlord and tenant. The Hirer shall not have or be entitled to any right, estate or title in the Bay saves as expressly given in this Agreement.
14.2 The Bay shall at all times remain in the control and possession of Self Service Garage, who reserves the right of entry by its staff, contractors or other designated persons to the bay and Premises at all times.
14.3 Self Service Garage reserves the right to refuse admission to or to evict any person from the Bay and Premises in its absolute discretion.
15.1 Self Service Bay bookings are non-transferable and non-assignable without prior agreement
Cancellation by Self Service Garage
15.2 Self Service Garage reserves the right to cancel the Hire or to relocate the Hire to another equivalent Bay on the Premises for any reason and at any time including, but not limited to:
(a) unexpected building work or repairs to the Premises or other reasons beyond Self Service Garage's control, in which case Self Service Garage will use all reasonable endeavours to notify the Hirer promptly of a possible or confirmed cancellation or relocation;
(b) a failure by the Hirer to pay any part of the Hire Charge when due; and
(c) a failure by the Hirer to provide full and accurate particulars of the Hire as required by Clause 2.1 above, or if Self Service Garage decides that the Work to be carried out at, or any other element of the intended content of, the Hire are, or are likely to be, in any way dangerous, obscene, sexist, homophobic, racist, offensive, controversial or inflammatory in any way or in breach of Self Service Garage’s policies, values or ethos, in which case the Hire may be cancelled immediately at any time by Self Service Garage by Verbal or Written notice to the Hirer and any portion of the Hire Charge paid by the Hirer will be forfeited.
15.3 Self Service Garage also reserves the right to relocate the Hire to another equivalent bay in its sole discretion and at no cost to the Hirer. Self Service Garage will use all reasonable endeavours to notify the Hirer promptly if such relocation is likely to be necessary.
15.4 In the event of the cancellation of the booking or the relocation of the hire to another bay for any reason, Self Service Garage will not be held liable for any damage or loss sustained as a result of such cancellation or relocation.
Cancellation by the Hirer
15.5 Subject to the terms of this Clause 15, the Hirer may cancel the booking at any time.
15.6 If the Hirer cancels the booking at any time after all or any part of the Hire Charge has been paid, Self Service Garage will refund the Hire Charge in the manner set out below:
7 Days prior to hire Percentage of the Hire Charge to be refunded
More than 20 Business Days 75% of the Hire Charge refunded
3-20 Business Days 50% of the Hire Charge refunded
2 Business Days or less No refund
15.7 Self Service Garage may in addition seek compensation for any damage or loss incurred as a result of the cancellation of the booking by the Hirer.
16. FORCE MAJEURE
16.1 In this Clause "Force Majeure Hire" means an event beyond the reasonable control of Self Service Garage including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, terrorist acts, sabotage, public demonstration, compliance with any law or governmental or regulatory order, accident, fire, flood, storm or default of suppliers or subcontractors.
16.2 Self Service Garage will not be liable to the Hirer as a result of any delay or failure to perform its obligations under the Agreement as a result of a Force Majeure Hire.
17. LIMITATION OF LIABILITY AND INDEMNITY
17.1 Self Service Garage excludes all liability in respect of:
(a) Any loss, theft or damage, howsoever caused, or by whomsoever caused, with respect to any property of any person that occurs in or on the Premises during the Hire Period or otherwise in connection with the Hire; and
(b) The death or personal injury howsoever or to whomsoever caused which occurs while a person is on the Premises or in respect of any loss or damage suffered or sustained by any person in consequence of such death or personal injury (excluding any death or personal injury caused by an act, omission or the negligence of Self Service Garage).
17.2 To the fullest extent possible, Self Service Garage excludes all liability to the Hirer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Agreement.
17.3 The Hirer shall indemnify Self Service Garage, its officers, employees, contractors and agents against any loss or liability which Self Service Garage incurs as a result of any act or omission by the Hirer or any Hire attendee or guest including, without limitation, any loss or liability in respect of any damage to property resulting from negligence or a breach of statutory duty by the Hirer or any Hire attendee or guest.
18. COMPLIANCE WITH LEGISLATION AND LICENSING AUTHORITIES
18.1 The Hirer must strictly observe and adhere to the relevant provisions contained in all child protection legislation and copyright legislation or any statutory modification or re-enactment thereof and all other statutory provisions and must comply with all obligations and requirements of any licensing authority applicable to the Hire. Self Service Garage is not liable for any child under the age of 18 on the premises or in the bay
18.3 If the Hire will be attended by children under the age of 18, the Hirer must in addition comply with Self Service Garage’s Child safety policy.
19. CONTACT DETAILS
19.1 All communications with Self Service Garage should be made via the Hire Team, whose
Contact details are:
Self Service Garage (Brimoto Group)
2c Rossbank Road
Rossmore Ind Est
Telephone: +44 (0)151 355 9811
19.2 The contact details for the Hirer are as set out in the Hire Booking Form.
20.1 Any communication to be given in connection with the Agreement must be in writing and, unless otherwise stated, may be given:
(a) In person, or by post or fax to the contact person(s) and address(es) specified in Clause 19 above; or
(b) By e-mail to the contact person(s) and address(es) specified in Clause 19 above.
20.2 Except as provided below, any communication in connection with the Hire Agreement will be deemed to be given as follows:
(a) if delivered in person, at the time of delivery;
(b) If posted, 3 Business Days after being deposited in the post, postage prepaid, in a correctly addressed envelope;
(c) If by fax, when received in legible form; and
(d) If by e-mail, when received in legible form.
20.3 A communication given under paragraph 20.2 above but received on a non-working day or after business hours in the place of receipt will only be deemed to be given on the next working day in that place.
21. GOVERNING LAW AND DISPUTES
21.1 The Agreement and any non-contractual obligations arising out of or in connection with it are governed by English law and the parties irrevocably submit to the jurisdiction of the courts of England and Wales.
21.2 If a dispute arises out of or in connection with the Agreement then, except as expressly provided in the Agreement, the parties must follow the dispute resolution procedure set out in this Clause 21.2:
(a) either party may give to the other written notice of the dispute, setting out its nature and full particulars (a Dispute Notice), together with all relevant supporting documentation. Following service of a Dispute Notice the receiving party and the serving party must attempt promptly and in good faith to resolve the dispute;
(b) if a dispute remains unresolved 7 Business Days after service of a Dispute Notice, directors or other senior representatives of each party must meet in person to attempt in good faith to resolve the dispute; and
(c) if for any reason the parties are unable to resolve a dispute within 14 Business Days of service of a Dispute Notice, the parties must attempt to settle the dispute by mediation in accordance with the practices of the Centre for Effective Dispute Resolution (CEDR). To initiate the mediation, a party must give notice in writing to both the other party and CEDR (a Mediation Notice). Unless otherwise agreed between the parties, the mediator will be nominated by CEDR Solve and the mediation will start not later than 10 Business Days after the date of receipt of the Mediation Notice. Unless otherwise agreed between the parties the place of mediation will be chosen by the mediator.
21.3 Neither party may commence any court proceedings relating to a dispute arising out of or in connection with the Agreement before the mediation process has terminated unless:
(a) the other party has failed to participate in the mediation for 14 Business Days;
(b) the dispute has not been resolved to the satisfaction of both parties within 30 Business Days following the date of appointment of the mediator; or
(c) at any time a delay in commencing court proceedings would cause prejudice to a party's interests.
22.1 The Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, commitments or understandings. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given (whether written or oral) by or on behalf of Self Service Garage which is not set out in the Agreement.
22.2 Any variation of the Agreement will only be binding when agreed in writing and signed by Self Service Garage.
22.3 Other than Clause 17.3 above, which may be relied on by Self Service Garage's officers, employees, contractors and agents, no term of the Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Agreement.
22.4 A waiver of any right under the Agreement is only effective if in writing and will not be deemed to be a waiver of any subsequent breach or default. A failure to exercise or a delay in exercising any right or remedy under the Agreement will not operate as a waiver of that or any other right or remedy and no single or partial exercise of any right or remedy under the Agreement will preclude or restrict the further exercise of that or any other right or remedy.
22.5 If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted without affecting the validity and enforceability of the other provisions of the Agreement.
22.6 Nothing in the Agreement is intended to, or will be deemed to, constitute a partnership or joint hire of any kind between the parties or create a relationship of agent and principal between the parties for any purpose.
22.7 This Agreement may be signed in any number of counterparts, all of which, taken together, will constitute one and the same agreement, and any person may enter into this Agreement by executing a counterpart. Facsimile signatures will be valid and binding to the same extent as the original signatures.