CONDITIONS OF HIRE 2017

1. “the supplier” shall mean AR Entertainments Ltd.
2. “the client” shall mean and individual, firm or team, which makes a booking with AR Entertainments Ltd.

Booking

2.1 A deposit and signed contract unless otherwise agreed is required at which point the equipment will then be allocated to the client.

The balance of payment is payable 7 days prior to the day of the event, unless otherwise agreed between the supplier and the client.

2.3 Where the booking form is being signed on behalf of a partnership, association, limited company, local authority council or other organisation the signatory confirms they are duly authorised. In the event of none payment by their firm they will make payment.

Cancellation

3.1 In the event of cancellation, the following fees are payable: Up to 21 days prior to the event, 25% fee payable
More than 7 days and less than 21 days prior to the event, 50% fee payable, Less than 7 days prior to the event, full fee payable.

Client Responsibility

4.1 The “client” shall be responsible for the equipment whilst on hire.

4.2 The client will supply adequate supervision for the suppliers equipment at the venue.

4.3 The client will fully supervise and control the conduct of all guests at the venue where the suppliers are performing.

4.4 The supplier reserve the right to close all or any of the attractions if the conditions for the equipment and/or staff is no longer safe whether as a result of weather or otherwise and without liability.

4.5 The client will supply adequate supervision of all customers at the venue, and is liable (The client is liable)
for costs to repair and replace equipment that is damaged due to misuse, abuse, any insurance excess or provable claim payable by the supplier as a result of the hire of the equipment howsoever the claim may arise.

4.6 The client shall provide adequate first aid coverage for the event unless organised by the supplier for the client.

4.7 The client must inform the supplier of any issue that may affect the installation of equipment on your chosen site e.g. access, underground cables/pipe work that are less than 380mm underground etc.

General

5.1 The equipment is fully supervised by the supplier, client or an appointed person over 18 years – at all times, unless otherwise agreed and arranged between the supplier and the client.

5.2 Parking is to be provided for all vehicles that are bringing staff and equipment for your event.

5.3 Equipment must be on a flat, dry and clean surface. Any inflatable device in licensed premises is operated in a fenced off, safe, secure and a glass free area.

5.4 Any other equipment other than inflatables in licensed premises is operated in a safe, secure and glass free area.

5.5 There must be no climbing or smoking on or around the equipment.

5.6 No food, drinks, sharp objects or footwear may be taken on the equipment.

5.7 No person obviously under the influence of alcohol or drugs shall be permitted on the equipment.

5.8 Persons 16 years and under and over 16 are not permitted to participate on the same equipment at the same time.

5.9 Users must be 1.2m tall or at least 10 years of age to ride on: Rodeo Bull, Bucking Penguin, Bucking Banana,
Rodeo Sheep, Surf Machine, Snow Board Simulator, Meltdown or Human Roulette.

5.10 All participants will be required to sign a disclaimer before riding the equipment listed: Rodeo Bull, Bucking Penguin, Bucking Banana, Rodeo Sheep, Surf Machine, Snow Board Simulator or Human Roulette will be under CCTV Surveillance.

5.11 Should inclement weather or other circumstances beyond the suppliers control prevent the operating or supplying the equipment on the day, the contracted fee mentioned shall still be payable provided the supplier presents themselves.

5.12 Refreshments are appreciated. However we would never expect and can be self-sufficient if required.

5.13 Extensions to contracted operating times are subject to an additional charge.

5.14 The supplier can provide power provisions for outdoor use at an additional charge.

Exclusion of Liability

6.1 The supplier is not responsible for accidental damage from circumstances beyond our control to the site caused by its vehicles, equipment or staff.

6.2 We take no responsibility for any personal injury or damage due to misuse and abuse and any injury sustained by whatever means must be recorded on the supplier accident report which will be present on site.

AR ENTERTAINMENTS LIMITED – TERMS AND CONDITIONS OF SALE

1. Effect of Conditions

These are the conditions of sale which apply to all contracts made between AR Entertainments Limited (“the Company”) whose registered office, head office and principal place of business is at 1 Mount Pleasant Way, Stokesley Business Park, Stokesley, North Yorkshire, TS9 5NZ and any customer (“the Customer”) and shall apply to the sale of any of the Company’s products or services (“the Goods”). Any person who buys from the Company any goods or services will be bound by these conditions of sale to the exclusion of any conflicting terms and conditions of business of the Customer and it is hereby agreed that any such terms and conditions contained or referred to in any document emanating from the Customer shall not apply to any contracts with the Company.

2. Unfair Contract Terms

The company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. Unless the Customer informs the company in writing to the contrary before any contract is made he will be deemed to have accredited that these conditions are fair and reasonable. For the avoidance of doubts where orders are placed over the telephone those orders shall be accepted subject to these terms and conditions that shall be deemed to be incorporated in any
such contract.

3. Variation of Contract

No alteration to these conditions shall be binding on the Company unless agreed in writing by one of the directors of the Company.

4. Prices

The Prices shown are in Sterling and are subject to change at any time before the delivery of the goods by the Company. The prices shown are exclusive of Value Added Tax, which will be charged to and paid by the Customer at the rate ruling at the tax point. All invoices are unless otherwise agreed in writing strictly net and not subject to additional or cash settlement discounts. Every effort is made to ensure that the published prices are correct if however the published price is found to be incorrect prior to despatch the customer will be contacted and advised of the correct price. Any published price in whatever format does not constitute an offer in contract or other law and no contract is formed until the Company accepts that goods ordered are and have been priced correctly. Extensions to contracted operating times are subject to an additional charge. The Company can provide Petrol Blowers or Generators for outdoor use at an additional charge.

5. Booking

a) A deposit is required with client confirmation, at which point the equipment will be withdrawn from the availability list and allocated to you. The balance is payable 7 days prior to the day of the event.

b) Where the booking form is being signed on behalf of a partnership, association, limited company, local authority council or other organisation the signatory confirms they are duly authorised and that in the event of none payment by their organisation the signatory will make payment personally.

5. Booking

a) A deposit is required with client confirmation, at which point the equipment will be withdrawn from the availability list and allocated to you. The balance is payable 7 days prior to the day of the event.

b) Where the booking form is being signed on behalf of a partnership, association, limited company, local authority council or other organisation the signatory confirms they are duly authorised and that in the event of none payment by their organisation the signatory will make payment personally.

6. Payment
Unless otherwise agreed

a) In the event of any delay in supply and delivery of the goods caused by instructions given by the Customer, the Customer shall be liable to pay all extra expenses incurred by the Company.

b) The Company may at any time before delivery and without prejudice to any other Terms herein and in particular sub-clause (a) of this clause 5 require payment in full in advance of the delivery.

7. Payment for Goods Supplied on Credit

Credit will only be given when a valid account is in place and payment terms have been agreed in writing, In the event that goods are supplied on a basis other than payment in advance, payment is due strictly on the terms advised to the Customer in writing. The place for payment is deemed to be the address of the Company as stated in these conditions at clause 1 above.

8. Default in Payment

If the Customer shall default in any payment due, the Company shall have the right to

a) Cancel all or any part of any discount; and

b) Charge interest upon all monies outstanding at the rate of 2% per month compound until the date of receipt of the outstanding monies by the Company; and

c) Suspend any outstanding delivery of goods or part thereof until default of payment has been made good
Should the Company have to place any account on stop for non-payment all invoices no matter what the normal credit terms are or deemed to be will be payable in full within seven days of the account being placed on stop. Should payment be received upon the ruling of a court reasonable costs will be claimable by the Company from the Customer for the time that the Company spends at and travelling to the court and the travelling costs to get to and from the court. All such travel is deemed to start and finish at the Company’s head office. Should the Customer fail to honour a cheque made payable to the Company the Customer will refund to the Company ten pounds Sterling exclusive of Value Added Tax in fees for each time the cheque is dishonoured. Should payment be made by credit or debit card, an administration fee of 2% will be added to the fee payable.

The above rights are without prejudice to any other rights or remedies that the Company might have. No waiver by the Company of its rights under these conditions shall be deemed to imply acceptance or condoning of the default or any subsequent default in payment.

9. Set Off

The Company reserves the right to set off against any amount due for goods purchased by the Company against any amount due for payment to the Company or any associated Company.

10. Delivery and Carriage

Delivery dates are given in good faith by the Company who will make every endeavour to comply with dates quoted however such delivery dates are not guaranteed and do not form a term or condition of the contract. Whilst the Company will endeavour to comply with any such delivery date it will not be liable for any failure from whatever cause to meet a delivery date the Company shall not be liable to the Customer if due to circumstances beyond its control it shall be prevented from performing any of its obligations under the contract.

11. Cancellation

a) In the event of cancellation by the Customer, the following fees are payable:

i) Up to 21 days prior to the event, 25% fee payable
ii) More than 7 days and less than 21 days prior to the event, 50% fee payable
iii) Less than 7 days prior to the event, full fee payable

b) If the Customer,

i) fails to make any payment to the Company on the due date; or
ii) has a Receiver appointed; or
iii) a winding-up of the Customer is commenced or seriously threatened; or
iv) the Customer (being an individual) has a Bankruptcy Order made against him or enters into any composition or arrangement with his creditors; or
v) if there shall be any breach by the Customer of any of the terms and conditions herein; or
vi) should any sum owed by the Customer to the Company be overdue under any contract between the Customer and the
Company; or
vii) should the Customer be in breach of any other term of any other contract between the Company and the Customer;
the Company may cancel any outstanding contracts or orders or refuse to make any further deliveries of the Goods or perform any service on behalf of the Customer.

c) Should inclement weather or other circumstances beyond the Company’s control prevent the Company from operating or supplying the equipment on the day, the contracted fee mentioned shall still be payable provided the Company present themselves.

d) Whilst the Customer accepts that they will supply adequate supervision for the Company’s equipment at the venue and fully supervise and control the conduct of all guests at the venue the Company nevertheless reserves the right to close all or any of the attractions if in their opinion the conditions are no longer safe for the use of the equipment whether as a result of weather or otherwise and without liability.

12. Warranty

a) Subject to the provisions of clause 1 of this agreement and of sub-clause (b) of this clause above and the provisions of the Unfair Contract Terms Act 1977, all expressed or implied warranties or conditions, statutory or otherwise, as to quality or fitness for any particular purpose of the goods are hereby expressly excluded and the Company shall exclude any liability whatsoever insofar as it is able to do so in respect of defects in the goods or for any injury, damage, loss or consequential loss resulting from any defects from any cause whatsoever

b) The Customer is solely responsible for ensuring that all goods are fit for the purpose for which the Customer or its customer intends to use them and that the goods are used by the Customer or its customer in accordance with the manufacturer’s recommendations.

c) Any advice given by the Company or any of its servants, representatives or agents to the customer or any representative for the customer in respect of the goods or in relation to their proposed use or advice generally (including information or data) is given in good faith and in giving such advice the Company relies entirely upon the information provided to it or its representatives, servants or agents by the customer. It is incumbent upon the Customer to advise the Company fully as to the proposed requirement of any goods to be supplied by the Company, and as to all circumstances in respect of which any advice is requested from or given by the Company. Except as otherwise expressly stated in these Terms and Conditions the Company shall have no liability whatsoever to the customer in respect of loss or damage whether direct or consequential suffered by the customer or any other party whether in contract or in tort or otherwise whether for loss or damage to property or for the death or bodily injury or otherwise howsoever caused in respect of or as a result of the use or adoption in whole or in part of any information, advice or data given by the Company.

13. Exclusion of Liability

a) Except to the extent required by law and as provided above no condition, warranty, guarantee, undertaking, representation or statement (whether oral or written expressed or implied in common law or otherwise) not contained in these Conditions shall be binding upon the Company.

b) The Company’s liability for any mis-representation or breach of any warranty collateral to this contract shall be limited to liability to replace the goods supplied pursuant to the provisions of clause 7 or at its option to repay the Customer the sale price of the goods provided that the Customer shall have first returned the goods to the Company’s premises. In any event and for the avoidance of doubt it is hereby agreed that the liability of the Company to the Customer for any claim arising out of defect in the goods or otherwise in connection with the use thereof or in connection with the making of the contract shall not exceed the invoice price of the particular goods in respect whereof complaint is made.

c) The Company is not responsible for accidental damage to the site caused by its vehicles, equipment or staff

d) The Company takes no responsibility for any personal injury or damage due to misuse and abuse and any injury
sustained by whatever means must be recorded in the Company’s accident book which will be present on site.

14. Risk

a) Title to tangible goods shall at all times remain with the Company unless clearly invoiced to the Customer as a sale of a tangible item.

b) If tangible goods are invoiced to the Customer title to goods shall remain with the Company until all monies due from the Customer to the Company (upon whatever grounds and however such liability shall have arisen) have been paid for.

c) The Customer will supply adequate supervision of all customers at the venue and is liable for costs to repair and replace equipment that is damaged due to misuse and abuse and any insurance excess or provable claim payable by The Company as a result of the hire of the equipment howsoever the claim may arise.

15. General

a) Equipment must be on a flat, dry and clean surface. Any inflatable device in licensed premises is operated in a fenced off, glass free area.

b) There must be no climbing or smoking on or around the equipment.

c) No food, drinks, sharp objects or footwear may be taken on the equipment.

d) The equipment is to be fully supervised by the Company, the Customer or an appointed person over 18 years at all times.

e) No person overtly under the influence of alcohol or drugs shall be permitted on the equipment.

f) Persons 16 years and under and over 16 are not permitted to participate on the same equipment at the same time.

g) No persons under the height of 1.2m shall be permitted to ride on: Rodeo Bull, Bucking Penguin, Bucking Banana, Rodeo Sheep, Surf Machine, Snow Board Simulator or Human Roulette. To comply with our insurance all participants will be required to sign a disclaimer before riding and the equipment will be under CCTV Surveillance.

h) The Customer will supply adequate supervision of all customers at the venue, and is liable for costs to repair and replace equipment that is damaged due to misuse and abuse and any insurance excess or provable claim payable by The Company as a result of the hire of the equipment howsoever the claim may arise.

16. Essence of Contract

Each and every condition herein set out including stipulations as to time is hereby declared to be of the essence of every contract made with the Company and any breach of these conditions shall entitle the Company forthwith and notwithstanding any contract to cancel all current contracts with the Customer and to refuse to supply to the Customer any further goods and forthwith to sue and recover without any deduction whatsoever the full price of all goods supplied to the Customer up to and (if any) after the date of the discovery of the breach notwithstanding that the due date for such payment may not have arrived.

17. Notices

All notices required hereunder from the Customer shall only be effectively given if sent and delivered by registered post to the address of the Company as stated in clause 1 of these terms or notified from time to time in writing.

18. Severability

Should any part of this contract found to be unenforceable such part shall be severed from the remainder of the contract which shall remain in full force and effect.

19. Force Majeure

The Company will not be liable for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Company including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Company will be entitled to a reasonable extension of time for performing such obligations.

20. Governing Law and Jurisdiction

All contracts to which these conditions of sale apply no matter where concluded will be subject to English law and deemed to be made at the Company’s head office and any disputes will be resolved by the English courts.