Green Cockatoo Events
Terms and Conditions


Welcome to Green Cockatoo Events (“ we ” “ us ” or “ our ”) Terms and Conditions (the
Terms ”). The Terms you find below are important as they outline your legal rights and
obligations as well as our rights when you use the website, our Equipment and/or Services.
These Terms shall apply to all bookings for the hire of Equipment or Services to the
exclusion of all other terms and conditions.
Please read these Terms carefully. By paying your non-refundable deposit and confirming
your booking with us, you acknowledge you have read these Terms and agree to be bound
by them.
We reserve the right to make any amendments or variation to these Terms, our website and
our policies (including any special terms and conditions). Should we make any variations, we
shall endeavour to notify you in writing as soon as practicable.
We retain all property title and interest in Equipment used by you during your Hire Period.

 

1. DEFINITIONS
In this document the following words shall have the following meanings:

 

Equipment ” means all hireable or hired items as detailed in your booking invoice, or
any other additional equipment used in the organisation or setting of your event;

 

Hire Period ” has the meanings as detailed in Condition 3;
 

Services ” means, if so requested our provision of support in the organisation and
performance or your event to the degree agreed which may be varied from time to
time;

 

The “ Site ” means the ground floor of the premises or site specified by you where the
Equipment is to be delivered or the Services are required;

 

You ” means the company, firm or person who has booked to hire Equipment or
Services.

 

2. DISCLAIMER
We make no warranty or representation that the use of this website will be
uninterrupted or error free or that this site or the server that makes it available are
free of viruses or bugs. To avoid any doubt, articles and other information are for
general guidance only and should not be specifically relied on without taking advice.

 

3. HIRE PERIOD
3.1. The standard Hire Period for Equipment is 3 days, unless otherwise arranged,
such days to be specified to us.
3.2. The Hire Period of the Services shall be agreed between the parties.
3.3. You agree to hire the Equipment and Services for the Hire Period only, unless
otherwise agreed. Should you wish to extend the Hire Period, you must
contact us and we reserve the right to charge 10% of your total booking cost
for each additional day.

 

4. DELIVERY AND RISK
4.1. Unless otherwise provided in writing, delivery will take place on your
collection of the Equipment or delivery of the Equipment to the Site as agreed
by the Parties on the first day of the Hire Period.
4.2. Where the Equipment is to be delivered by us to the Site, we shall be deemed
to have delivered the Equipment on the first day of your Hire Period.
4.3. The risk in the Equipment shall pass to you at the time of delivery and you
shall thereafter be liable for all loss and damage to the Equipment once
delivered.
4.4. Delivery of Services shall be agreed between the parties.
4.5. Time shall not be of the essence of any contract.

 

5. DELIVERY AND RETURN
5.1. Unless otherwise agreed in writing, you are responsible for loading,
transporting and unloading the Equipment at the Site and returning it to us,
and for all costs incurred in connection therewith.
5.2. Upon delivery of the Equipment, any defects or dissatisfaction must be
notified immediately to us within 24 hours. In the absence of such notification
the Equipment shall be deemed to be in good order in accordance with the
terms of the contract and to your satisfaction.
5.3. All Equipment must be returned in accordance with Conditions 6.7.
5.4. All Equipment will be checked within 3 days of its return to us and we reserve
the right to charge for any damage in accordance with Condition 7.

 

6. YOUR OBLIGATIONS
You must and undertake to:
6.1. Use the Equipment in a reasonable and proper manner and not use the
Equipment for any purpose beyond its capacity;
6.2. Be responsible for any damage or loss arising from the continued use of
Equipment;
6.3. During the Hire Period ensure the security and safekeeping of the Equipment;
6.4. Allow us access to inspect, repair or replace the Equipment upon reasonable
notice at any time;
6.5. Immediately inform us of any breakages, damages ot breakdown of
Equipment or any problem affecting the working of the Equipment;
6.6. Not repair the Equipment without our prior written consent;
6.7. Read any relevant operating, packaging and safety instructions supplied in
our correspondence and only use the Equipment or any accessories in
accordance with those instructions. Instructions are provided on the website
and will also be sent by email with receipt of full balance;
6.8. Unless otherwise agreed in writing with us, keep the Equipment in your own
possessions at the Site;
6.9. Return the Equipment in the same condition as when it was supplied to you,
reasonable wear and tear excepted. In accordance with Condition 8,
Equipment damaged, broken or not returned will be charged for;
6.10. Not sell or offer for sale, assign, or pledge the Equipment to any third party;
6.11. Comply with any relevant Government or Local Authority Regulations.

 

7. CHARGES
7.1. Subject to Condition 7.3, to confirm your booking for the hire of Equipment or
the Services, a non-refundable deposit of 30% of your total booking is due
within 14 days of you receiving an initial invoice. Your booking will not be
confirmed until your non-refundable deposit has been received by us.
7.2. Payment is required in full for all orders of £75.00 or under to confirm your
booking.
7.3. All Equipment is hired on the basis that full and final payment is due no later
than 21 days prior to the first day of the Hire Period (the “Due Date ”), unless
alternative agreement has been made.
7.4. Subject to Condition 7.6, your booking as at the Due Date is considered your
final order and cannot be reduced in quantity.
7.5. Charges for your booking will be as per the invoice provided, subject to
amendment where necessary from time to time. We will endeavour to
accommodate any special requests regarding theme or colours, however this
cannot be guaranteed.
7.6. Amendments, but no reduction in quantity, may be made to your final order
up until 24 hours prior to the first day of your Hire Period. You will be invoiced
for any amendments made to your final order in the period between the Due
Date and 24 hours prior to your Hire Period with payment due no later than 14
days following the last day of your Hire Period.
7.7. Where full and final payment is not made by the Due Date we reserve the
right to charge interest on the amount that is overdue. The payment of such
interest shall not affect and be without prejudice to any other rights or
remedies we have.
7.8. Payment should be made by direct bank transfer per the detail on each
invoice.
7.9. Any legal or other charges (including bank charges) incurred in your
payments or the recovery of money for your booking shall be paid by you.

 

8. DAMAGE, BREAKAGES, LOSS AND REPAIRS
8.1. We do accept minor damage can be inevitable however, where breakages or
damage (including serious marks and stains) of the Equipment have been
caused by you or your guests, we reserve the right to issue you with an
invoice for the following sums payable within 14 days of the end of your Hire
Period:
8.1.1. champagne glasses - 5 times the hire cost of each broken or lost item;
8.1.2. other Equipment - 3 times the hire cost of each damaged, broken or
lost item.
8.2. Subject to Conditions 5.2, where repairs to any Equipment during your Hire
Period are reasonably required, we shall endeavour to replace the Equipment
with equipment of a similar type. Where no replacement Equipment is
available we shall be entitled to terminate your booking of that Equipment.
8.3. Should we accumulate any equipment that does not belong to us, you shall
be notified and it shall be retained for a period of 30 days.

 

9. TERMINATION/CANCELLATION
9.1. We must be notified of any booking cancellation.
9.2. Should you cancel your booking prior to the Due Date, we shall retain your
non-refundable deposit.
9.3. Should you cancel your booking within the 14 days after the Due Date, we
reserve the right to retain 50% of your total booking cost.
9.4. Cancellations within 7 days of your Hire Period (or any time beyond the start
date if the contract has been allowed to commence but is then cancelled at a
later date) will at our discretion, incur the full charge for the booking.
9.5. If you default in the prompt payment of any sum due under these Terms or
are in breach of any of these Terms, or if you do or cause to be done or
permit or suffer any act or thing whereby our rights in the Equipment may be
prejudiced or put in jeopardy, we shall be entitled to terminate your booking
immediately by notice in writing to you and it shall thereupon be lawful for us
to retake possession of the Equipment and for that purpose to enter into or
upon any Site where the same may be and the termination of your booking
under this condition shall not affect our right to recover from you any monies
due under these Terms or damages for breach thereof.
9.6. Where there is no fixed Hire Period, the period of hire may be terminated by
us giving you 3 days’ notice in writing and your obligations under these Terms
shall continue until the Equipment is returned to us.
9.7. Should we have to cancel your booking due to unforeseen and unavoidable
circumstances you will be notified as soon as practicable.

 

10. LIABILITY
10.1. We shall not be liable for any loss or damage arising from any cause beyond
our reasonable control and subject to Condition 11, should we be held liable,
our total aggregate liability (inclusive of legal fees) shall not exceed the total
cost of your booking.
10.2. We are not liable to you or any third party for any indirect or consequential
loss of profit, consequential or other economic loss suffered by you
howsoever cause, as a result of any negligence, breach of contract,
misrepresentation or otherwise.
10.3. Nothing in these Terms shall exclude or limit our liability for death or personal
injury caused as a result of our negligence, breach of contract or otherwise.

 

11. INDEMNITY
You agree to indemnify and hold us and our employees and agents harmless from
and against all liabilities, legal fees, damages, losses, costs and other expenses in
relation to any claims or actions brought against us by any person whatsoever for
injury to person or property caused by or in connection with or arising out of the
storage, transit, transport, unloading, loading or use of the Equipment during the Hire
Period.

 

12. FORCE MAJEURE
Notwithstanding anything else contained in these Terms, we shall be liable for any
delay in performing, or non-performance of, our obligations hereunder if such delay
or non-performance is caused by circumstances beyond our reasonable control,
including but not limited to strikes, labour disputes, acts of God, war, riot, malicious
damage, compliance with any law or government order, regulation or direction,
accident, disease and illness, fire, flood, storm or adverse weather conditions and
such we shall be entitled (subject to using all reasonable endeavours to resume full
performance with avoidable delay) to a reasonable extension of time for performance
of such obligations.

 

13. SEVERANCE
If any term or provision of these Terms is held invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these
Terms had been agreed with the invalid, illegal or unenforceable provision
eliminated.

 

14. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the law of
Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish
courts.

Showroom: Unit 2, Kelty Industrial Park, Cocklaw Street, Kelty, Fife, KY4 0DT

Postal Address: Mid Cottage, New Carden Farm, Cardenden, Fife, KY5 0AQ

 Fiona: 07906493799   John: 07857542407

© 2020 The Green Cockatoo

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