Name: Breaking Down Barriers
Sort Code: 05-02-00
Account Number: 74418375
Organisation Type: Sports and Community Charity
Registration No: 1182104
The company is Breaking Down Barriers.
The Customer is any company or organisation to which Breaking Down Barriers is contracted to supply goods and furniture to.
Goods are any items that are the subject of any contract between Breaking down Barriers and the customer, regardless of ownership.
Overall General conditions
All goods and items are available to hire for 48 hours and customers wanting to hire the item for longer will be subject to a 25% increase on the price for the duration of the next period of time.
All payments must be made in advance. The payments must be made at the time of booking. Customers will not be able to hire the items if payments are not made in advance and no payments can be made in cash.
Customers are responsible for any damage to goods. Any damage made to the items will be judged by the charity and all the items will be analysed and damage caused will be deemed by the charity. Anything the company believes is damaged will then be the responsibility of the customer who will have to pay a compensation fee. Compensation fee is subject to prices on the website.
Contact to the company can only be made in set hours which will be available on the website.
1. Hire goods remain the property of the company at all times.
2. During the continuance of the hire period, which shall commence from time of delivery and end when the goods are brought back to the site, the customer shall be responsible for the safe keeping and maintenance of the goods in good and substantial repair and condition.
3. Any damage caused to hired goods, beyond reasonable wear and tear, will be the responsibility of the customer. Any repair work necessary as a result will be chargeable.
4. In the event of the total loss, or irreparable damage, of any hire goods for any reason whatsoever, the customer shall be responsible to the company for the full value of such goods plus the hire charge. It is the customer’s responsibility to insure against such risk. The period of hire ends only when the Company has accepted that the furniture is in good condition.
5. The customer is liable for all losses and damages to the hire stock, and if a holding deposit has been placed, the company reserves the right to deduct the chargeable amount accordingly
6. The company reserves the right to substitute alternative goods subject to availability without prior notice.
7. It is the customer’s responsibility to inform the company (in writing) when hired goods are ready for collection. The hire period will not end until such collection is affected.
8. All hire charges quoted are per 48 hours and no reductions or refunds will be made after the commencement of the chargeable period. Any agreed refund owed to the Customer shall be reimbursed within 14 days.
9. Acceptance of this quotation becomes an order and is thus subject to a cancellation fee as shown:
For all orders a minimum of 50% prepayment of the total invoice amount will be required to secure the stock for your order. Full settlement of the contract must be completed 7 days prior to delivery or paid in full at the point of order if the event is less than 7 days away **
Please Note – If we sub hire / purchase goods on your behalf specific for the order; once the contract is signed there will be no cancellation period and full payment is required.
Any reductions to the stock in the hire contract can be made at no additional charge if notified in writing more than 14 days prior to delivery date.
Within 30 – 15 days of delivery date = 25% of the contract total is payable immediately.
Within 10 – 14 days of delivery date = 50% of the contract total is payable immediately.
Within 0 – 9 days of delivery date = 100% of the contract total is payable immediately.
Where a cancellation fee is applicable, the cancellation invoice must be settled within 7 days of issue. Cancellation of contract must be notified in writing more than 14 days prior to delivery date.
** this is not applicable to customers with credit terms agreed by the “Company”.
10. It is the customer’s responsibility to ensure that adequate access is provided to the company both upon delivery and upon collection of hired goods, and to ensure that such goods are available for collection at the appointed time. It is the duty of the Customer to provide a duly authorised representative at the site to accept the Hire Furniture and to give a written receipt of their safe delivery and shall be precluded from disputing delivery of the hire furniture in good condition and the Customer will be deemed to have accepted the delivery and these conditions.
11. It is the duty of the Customer to provide, at the site of hire, a duly authorised representative to sign a written confirmation of the items returned to the Company on termination of hire. If the Customer fails to provide for this the Customer will not be permitted to dispute subsequently the number and/or condition of the goods returned to/collected by the Company on termination of hire.
12. It is the customer’s responsibility to inform the company of a suitable parking area for deliveries and collections in order to minimise the risk of parking penalties being issued. In this event – penalty notice costs will be passed on to the customer.
13. Any delays caused to the company upon delivery and/or collection and any additional journeys that may result will be subject to additional charges.
14. Credit facilities will not be offered on hire contracts unless previously agreed in writing. Payments MUST be made in advance. Any failure on the part of the customer to make such payments on time will result either in the hired goods not being delivered, or, in the case of goods already on site, being removed without prior notice.
15. The customer should pay the company the amount due, by the date as set out in their term’s agreement.
16. If any items of hire furniture are not returned by the Customer to the Company at the end of the previously agreed hire period or within 7 days of a written demand from the Company, the Company reserves the right to make a written demand for and the Customer shall pay a compensation payment which is equal to the current replacement retail value of the furniture which has not been returned.
17. It is the responsibility of all Customers to ensure that all equipment should be emptied of all personal belongings as no responsibility can be accepted for their safe custody.
18. The Company does not accept any liability for any damage or injury to goods or persons caused by the misuse of the hire furniture.
19. It is the Customer’s responsibility to ensure that all hired electrical goods are connected to the correct power lines.
20. Without prejudice to any of its rights the Company may terminate or suspend the hire of furniture to the Customer without notice and recover possessions of the hire furniture if the Customers: a)is in breach of any of the provisions of these terms and conditions, or b) presents or allows to be present an application for an interim order or a petition for bankruptcy within the meaning of the Insolvency Act 1986 or allowing a levy against the Customer of any distress execution, or c) the Customer enters into or attempts to enter into a composition with creditors or goes into liquidation, or d) a receiver or administrator is appointed in respect of the Customer’s assets or any of them or a meeting whether formal or informal is called of Customer’s creditors.
21. Any waiver by the Company of any breach by the Customer of these terms and conditions is limited to the particular event. No delay to act on a particular breach by the Company shall be deemed to be a waiver.
22. These terms and conditions govern the hire furniture to the exclusion of any other oral or written agreement. No notification of these terms and conditions shall be effective without the prior written consent of the Company.
23. These terms and conditions shall be governed and constructed and shall take effect in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
24. The Company may assign the benefit of its contract with a Customer at any time after giving written notice to the Customer. The Customer may not assign this agreement without the prior written consent of the Company.
25. Instructions of the Customer (different from those on the requisition) cannot be carried out, unless given in writing to the Company 14 days prior to action required and accepted by the Company in writing.
26. The Company is only hiring out goods and will under no circumstances sell any items to the Customer.
27. Transport is negotiable according to the venue. The Company reserves the right to alter ranges, specification and prices of any products offered for hire in its catalogue and all are offered for hire subject to availability and the company shall not be bound by any order placed by the Customer until it has notified the Customer in writing of its acceptance.
28. Any complaints that may arise must be reported in writing while our transport teams are on site, or within 12 hours of delivery, and sent to our transport manager or your company contact.
29. All dimensions quoted are an approximate.
30. Where the Company, take receipt, store and transport goods to and from site on behalf of Customers, it is the Customer’s responsibility to ensure all goods are clearly labelled and fully insured during this period.
31. Payment in part or in full of any contract to supply goods/or services herein referred to shall be deemed to mean acceptance in full of these terms and conditions.
32. In the event of a customer being in default of payments, the company reserves the right to hold any of the customer’s goods against such payments. If the payment is not forthcoming within a reasonable period, the company may, at its absolute discretion, sell off all or part of such goods, as agent for the customer, and set the proceeds against the monies due and any costs so incurred. Upon accounting to the customer for any balance outstanding, the company will be discharged from all liability whatever in respect of the goods.
33. The company shall not be in breach of this agreement or be liable for delay in performing, or failure to perform, any of its obligation under this agreement if such failure or delay results from events, circumstances or causes beyond the reasonable control of the company including but not limited to the following: viral pandemic, act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, acts of terrorism, revolution, blockade, embargo, adverse weather, disease, risk to public health, accident to or breakdown of plant or machinery, shortage of any material, labour, transport, electricity or other supply, regulatory intervention, the general advice or recommendation of any government (including any government agency or department), regulatory authority or international agency against travel, exhibitions and/or public gatherings or any other cause beyond the reasonable control of the company.
34. No employee of the company, whilst in the course of his or her duties, shall be held separately responsible under any circumstances whatsoever for any liability for loss, damage or other default outside his or her reasonable control.
35. These terms and conditions can only be changed with the written approval of a director of the company. The Terms and conditions can only be changed by the company and with written approval.
36. Shortages and damages to hired products will be charged at the full replacement value. No substitute items will be accepted as replacement by the owner. Damages include items that have sustained burns and scorches, cuts and rips, defacement, ink marks, earth or concrete stains and candle wax. All items must be returned in the original bags or boxes provided and in a dry state.
37. The Company charges a non-refundable slight damage waiver of 3% on all orders. This covers general cleaning and wear and tear. This does not cover any missing or damaged furniture, in this event the Customer is liable for the full replacement cost.
38. All data and details provided by the customer will be used by the charity and its partners.
(a) Borrower has the right to use the vehicle until the return date indicated on the Borrowing Agreement document
(b) Owner may agree to extend the Borrowing Period orally or in writing. The Extended Borrowing Period may be subject to higher charges and/or to additional security deposit which will be disclosed to Borrower prior to the extension of the Borrowing Period.
(c) Subject to the following conditions, Borrower may choose to return the Vehicle before the end of the agreed Borrowing Period and thereby terminate this Borrowing Agreement early.
(a) Eligibility: Borrower must have a driver’s license valid in the United Kingdom and the correct type of license for the vehicle which is being driven. We may ask for a short demonstration of your driving the vehicle to ensure that you are capable.
(b) Authorised Drivers: Only the Borrower is permitted to drive the Vehicle unless Owner expressly permits additional drivers who meet the eligibility requirements for Borrowers
(a) Authorised Drivers age must be minimum 25 years old to be able to drive any of the vehicles.
(c) Prohibited Use of the Vehicle:
The Vehicle must not be used:
(i) by anyone other than the Authorised Driver;
(ii) to smoke in. The use of e-cigarettes in Vehicle is also prohibited;
(iii) in a way to affect the condition of the vehicle
(iv) for carriage of passengers for hire or reward;
(v) for deliberately causing personal injury or property damage or for any illegal purpose;
(vi) for racing, pacemaking, testing the Vehicle’s reliability and speed, or teaching someone to drive; (vii) while the driver is under the influence of alcohol, narcotics or drugs;
(ix) overloaded with more passengers than seatbelts, to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions; (x) to propel or tow any other vehicle or wheeled equipment, unless the Vehicle is fitted with a tow bar and Borrower has express permission from Owner;
(xi) on unpaved roads, racetracks, beaches, and test courses;
(xii) to transport easily flammable, toxic, or otherwise dangerous substances other than minimum amounts for household use;
(xiii) in a careless or reckless manner;
(xiv) to drive through or over water or over any objects that Borrower knew or ought to have known rise above the ground clearance of the Vehicle;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle; –
(xvi) in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars;
(xvii) to transport goods with a weight heavier than that authorised for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that you do not own for a fee without Owner’s written permission
(xviii) in contravention of this Borrowing Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
(d) Hand over of Vehicle: The Owner shall hand over the Vehicle to Borrower in a good and roadworthy condition and equipped as required according to the safety regulations (e.g., first aid kit, spare wheel, and/or warning triangle, as required by applicable law). Borrower is required to check the Vehicle’s condition immediately after handover. If Borrower notices any damage to the Vehicle or other discrepancies, Borrower shall immediately inform the Owner.
(i) always lock the Vehicle and secure all of its parts when it is left unattended;
(ii) not let anyone work on the Vehicle without Owner’s express written permission. If Owner grants such permission, Owner will only give Borrower a refund if Borrower has a receipt for the work performed; (iii) check oil, AdBlue and water levels and tyre conditions and pressure at regular intervals during the Borrowing Period;
(iv) stop using the Vehicle as soon as possible and contact Owner as soon as Borrower becomes aware of any fault with or malfunction of the Vehicle. In particular, Borrower must take into account any warning lights that may appear on the dashboard of the Vehicle;
(v) bring the Vehicle back to the agreed return location specified in the Borrowing Agreement Summary at the end of the Borrowing Period in the same condition as it was when it was handed over by Owner according to the condition description on the Borrowing Agreement Summary except for any usual wear and tear. A member of Owner’s staff will inspect the Vehicle to check the condition of the Vehicle. When returning the Vehicle to the return location during business hours, Borrower will remain responsible for the Vehicle and its condition until the inspection is completed or for one
(1) hour after its return, whichever is the shorter period. If Borrower is permitted to return the Vehicle to the return location outside of business hours, Borrower remains responsible for the Vehicle and its condition until it is inspected by a member of Owner’s staff within 2 hours of the start of the next business day. Borrower remains responsible for the Vehicle and its condition until it is inspected by a member of Owner’s staff;
(vi) check that Borrower has not left any personal belongings in the Vehicle before Borrower returns the Vehicle;
(vii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Borrower’s usage of the Vehicle during the Borrowing Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Borrower to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner; (viii) where the vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle; and
(ix) not to unseal or tamper with the kilometre or mileage indicator.
(b) In case of an accident or if the Vehicle is lost or stolen, Borrower is required to do the following:
(i) Borrower shall accurately report the accident, theft or loss to Owner as soon as possible by any means and confirm this promptly in writing (email is sufficient) to Owner no later than 1 business days in case of a theft and in all other cases 2 business days, from the moment Borrower becomes aware of the event
(ii) Borrower shall report any theft or loss (or where appropriate, any accident) to the police as soon as reasonably possible and confirm this promptly in writing (email is sufficient) to Owner;
(iii) Borrower shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by legal process;
(iv) Borrower shall request the names and addresses of everyone involved, including witnesses, and provide them to Owner
(v) Borrower shall promptly forward to Owner any notices or other documents relating to any legal proceedings arising out of the accident, theft or loss;
(vi) Borrower shall cooperate with Owner and Owner’s insurers including responding to requests for full and true information and provide assistance in any matters or legal proceedings including allowing proceedings to be brought by Owner in Borrower’s name and defending any proceedings brought against Borrower
(vii) Borrower shall return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started to Owner either directly to Owner’s staff or in Owner’s secured box at an Owner branded location. 5. Borrowing Costs and other Charges; Additional Services
(i) any additional charges as notified to the Borrower;
(iii) an administration fee of up to £45 in the UK for processing any fines or offences against any Authorised Driver.
(iv) if the Vehicle is:
(b) Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the Borrower having to go to court
All users of the vehicle (Drivers and passengers) must sign up to our partner membership. Failure to do so could result in cancellation of the borrowing agreement or future hire.
Name: Breaking Down Barriers
Sort Code: 05-02-00
Account Number: 74418375
Organisation Type: Sports and Community Charity
Registration No: 1182104