EVENT LOCKER HIRE UK
TERMS AND CONDITIONS
Event hire conditions MOBILE LOCKER UK (hereinafter referred to as: ML)
General terms and conditions applicable to festival, event and short-term hire agreements. If your agreement relates to a permanent hire or sale agreement, then please refer to “Permanent Hire & Sales Terms & Conditions”.
Applicability of event hire terms and conditions:
Unless agreed otherwise in writing, all operations, services and agreements in relation to festival, event and short-term hire of units are subject to these general terms and conditions.
Notwithstanding any reference of the customer to their own terms and conditions, the current terms and conditions of ML are applicable. The special terms and conditions of ML nullify and replace the general terms and conditions of ML where they deviate.
The fact that one of the parties does not exercise the right granted by the current terms and conditions does not imply that this party waives the right to call upon such right in the future.
Between:
- MOBILE LOCKER UK LIMITED, with registered office at Trident Park, Leamington Spa, CV34 6SW, England.
Hereafter referred to as ‘Mobile Locker’,
And:
- ANY SUCH EVENTS, with an existing and current order agreement in place.
Hereafter referred to as the ‘Organiser’.
Parties sub 1) and sub 2) collectively referred to as ‘Parties’ or ‘Party’.
Considering
- that Mobile Locker is the owner of an automated storage locker system, whereby a limited amount of power is also offered in selected lockers for the limited charging of mobile and other electronic devices (with a consumption of less than 65 W) (system hereafter referred to as ‘Locker Units’).
- that the Organiser organises festivals and events and wishes to offer its visitors the use of the aforementioned Locker Units against payment;
- that the Parties agree that Mobile Locker will provide the Locker Units to the Organiser in accordance with the conditions stipulated in this agreement.
The following is agreed upon:
Article 1 – Subject of the agreement
1.1.
At the festival/event that it organises, the Organiser will make available a suitable location for the placement of Locker Units to Mobile Locker and propose this to Mobile Locker no less than 30 days prior to the event for it to be mutually agreed upon. Any changes to this location must be explicitly agreed upon by both parties.
1.2.
Mobile Locker commits itself to execute the following services:
- the provision of Locker Units at the agreed location, whereby the Organiser will guarantee a free, unobstructed access to the location that will be adapted to the transport of the Locker Units;
- rental and management of the Locker Units;
- during and outside the opening hours of the festival/event: 24 hour availability of technical assistance by Mobile Locker by telephone or in person.
1.3.
For each event/festival, an order agreement will be drawn up and signed by the Parties in which the services that are to be provided by Mobile Locker will be specified: the number of Locker Units, period of availability of the Locker Units, location(s), options, related pricing and any other relevant terms and conditions that are applicable for the specific event/festival.
When the Organiser orders additional services or amends the ordered services, then the amended, extended or reduced services will be the subject of a separate order agreement that must be attached as an addendum to the original order agreement before these services will be executed by Mobile Locker. Each amendment, extension or reduction of the initially agreed upon services may also give rise to the charging of extra costs by Mobile Locker to the Organiser.
1.4.
Mobile Locker may change the services that are to be provided at any time, without notification to the Organiser, if this change is necessary to provide continuity of service and/or to meet certain security requirements, or other requirements of the service, this however without changing the nature of the service itself or to impair the quality thereof, namely the organising of a secure storage system for personal goods of festival/event visitors against payment.
Article 2 – Condition and management of Locker Units
2.1.
The Organiser undertakes to provide a sufficiently stable and level location for the placement of the Locker Units. Failing this, Mobile Locker will take care of the stabilisation and levelling of the site itself and the associated costs will be borne by the Organiser.
Unless otherwise agreed upon between the parties, the Organiser will provide the aforementioned location with a stable power and internet connection with the following technical specifications (unless specifically advised otherwise by Mobile Locker prior to the event/festival):
per Locker Unit:
- power: at least 3 x 16 A 220 V
- internet: at least 3 Mbps up and 3 Mbps down
- Telehandler and driver: for unloading and loading of units
and the Organiser will assume all costs incurred from the above, unless otherwise agreed on the Order Agreement.
2.2.
The Organiser will check the Locker Units after placement and installation.
If the Organiser fails to do so, or if he receives the Locker Units after performing the check without any comments, the Locker Units will be deemed to have been received and placed in a proper, good and undamaged condition and are functioning properly.
2.3.
The Organiser will take care of the Locker Units with due diligence and use them in accordance with their function, as well as instructions from Mobile Locker, and closely follow their respective appointees.
2.4.
The Organiser is not allowed to repair the Locker Units (or have them repaired) in whole or in part.
The Organiser will provide Mobile Locker and its appointees access to the Locker Units at all times during the period that they are being provided.
Article 3 – Payment of costs and charges
3.1.
With regard to the fees, costs and proposed pricing structure relating to the provision of the Locker Units throughout the duration of this Agreement, the Parties will discuss the past and/or potential future results/proceeds/functioning of the Locker Units by means of an annual evaluation. Any appropriate fees for the following event/festival(s) will each time be based thereupon with regards to the agreement applicable at that time.
3.2.
All charges and associated costs (non-exhaustive list include but is not limited to administration costs, levies and taxes) or obtaining permits and management requested by the municipality, or other authorities or organisations, will be borne by the Organiser.
Article 4 – Modalities end of provision
Unless otherwise agreed upon between the Parties, Mobile Locker undertakes to collect the Locker Units that are made available within 48 hours after the end of each period of provision.
Article 5 – Duration / Evaluation
5.1.
This agreement is concluded for the fixed period outlined on the accepted proposal number stated on the signed order form and commences on the date of signature by the Parties.
5.2.
The termination of this agreement will not affect the rights and obligations of the Parties already incurred, as specified in the order forms signed by the Parties.
These will remain valid and must be fully implemented both with regards to order forms that have not yet been fully executed at the time of the termination and with regards to order forms that have already been signed, but the execution thereof has not commenced yet.
Article 6 – Termination
6.1.
There will be no fees incurred to the Organiser if this agreement is cancelled with direct written notification more than 30 days prior to the event. However, if Mobile Locker has incurred any costs directly resulting from this cancellation, these costs will be passed on to the Organiser.
6.2.
If the agreement is cancelled less than 30 days prior to the event, then capital hire costs and any other costs incurred directly to Mobile Locker in relation to this event will be charged to the Organiser.
6.3.
Both the Organiser and Mobile Locker can terminate this agreement with the other party without the intervention of the Court and without any right to compensation, if the following circumstances occur:
- if the other party is declared bankrupt; if it files a petition for judicial reorganisation or is placed under liquidation.
- if there is a substantial change in the management and/or shareholding of the other party.
Article 7 – Force Majeure.
7.1.
In the event of force majeure, the commitments of the party that is prevented to execute its commitments due to force majeure, will be suspended for the duration of the relevant force majeure, as specified in the order form signed by the Parties, without any right to compensation on the part of the other party.
The affected party must immediately inform the other party in writing of the force majeure situation and submit the necessary supporting documents.
7.2.
In the event of persisting force majeure for a period of longer than twelve hours, any party will have the right to immediately terminate the agreement, in the execution of this agreement and as specified in the order form signed by the Parties, by registered letter and without having any right to compensation.
7.3.
Force majeure is the situation in which the execution of the agreement by one of the parties is prevented, wholly or partially, by circumstances that are irregular and independent to the will of either party, even if this circumstance was already foreseeable at the beginning of the contract, however if there is deemed to be gross negligence and withholding of cancellation due to any known force majeure by the Organiser which proves financially detrimental to Mobile Locker then Article 6 of this contract takes precedent in relation to compensation.
7.4.
Force majeure includes, but is not limited to: pandemics, the delay or failure of deliveries from suppliers, destruction of the goods in the event of a breakdown of machinery, fire, strike, internet-, electrical-, software- or telecommunications malfunctions and errors or delays caused by third parties or extreme weather.
Article 8 – Guarantees and Liability
8.1.
Mobile Locker guarantees the Organiser that its services will be provided in accordance with the prevailing standards in the sector.
Mobile Locker will not grant any guarantees on services provided by third parties regarding the services that are to be provided by Mobile Locker, as provided for in Article 1 of this agreement.
8.2.
Mobile Locker cannot be held liable for damage (of any kind whatsoever, including but not limited to: direct damage, indirect damage, losses, late delivery, expenses, and other costs) caused by the Locker Units, by Mobile Locker or by its authorised representatives to the Organiser or to third parties, unless in case of personal intent or fraud by Mobile Locker.
In the case of personal intent or fraud by Mobile Locker, the liability of Mobile Locker will always be limited to the fees still due by Mobile Locker at the moment when the damage occurs.
Mobile Locker will not take responsibility for the loss or damage of the goods that are made available, nor in case of loss or damage due to force majeure. The Organiser must insure itself adequately as such.
If the Organiser provides a telehandler, forklift or similar for the positioning of the Locker Units at the event site, the Organiser must ensure that adequate insurance cover is in place in case of loss or damage to the Locker Units or as incurred by third parties.
Article 9 – Intellectual Property
The intellectual property rights of all materials, systems, concepts and/ or software developed by, or for, Mobile Locker remain with Mobile Locker.
Article 10 – Confidentiality
10.1 The Parties undertake, both during and after termination of this agreement, to observe confidentiality with regards to all data, information and the like that are provided by the Parties in the execution of this agreement, of which the receiving party reasonably knows, or ought to know, that this information is confidential and is not public (including, but not limited to, technical data, commercial, financial and legal information).
The aforementioned information must be treated confidentially, used exclusively within the execution of this agreement and not be provided to third parties, or be disclosed in any way whatsoever.
The obligation to confidentiality does not apply to information that the receiving party can demonstrate that:
- they were already in possession of it before the commencement of this agreement;
- it was or has become publicly known, after commencement of the current agreement, through no fault of the receiving party;
- it has developed independently of the received information;
- it must be disclosed in the context of legal proceedings, at the ruling of a judicial institute, administrative body or a governmental institution, with the understanding that the receiving party will inform the issuing party without delay.
10.2 Full GDPR compliance and details on how Mobile Locker UK processes and retains personal data can be found in our privacy policy.
Article 11 – Transfer
The Organiser is prohibited from using the Locker Units, or otherwise making them available to a third party, without the written permission of Mobile Locker.
Article 12 – General Terms and Conditions
12.1.
The general conditions of Mobile Locker as published on www.mobilelocker.eu form an integral part of this agreement. Mobile Locker will reject any enforcement of the general terms and conditions, invoice conditions, etc. coming from the Organiser.
By signing the order agreement, the Organiser acknowledges having taken note of the general terms and conditions and accepts them without reservation.
12.2.
Changes to this agreement must be made in writing and can only be accepted with the explicit written consent of the Parties.
12.3.
In the event of the invalidity of one or more of the provisions in this agreement, the remaining provisions will remain in force.
12.4.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence negotiation, validity, termination or enforceability (including non-contractual rights or obligation, disputes or claims) shall be governed by and construed in accordance with the Laws of England.
12.5.
This agreement replaces all previous verbal, written or tacit agreements and documents between the Parties, unless explicitly agreed upon otherwise.
PERMANENT HIRE & SALES UK
TERMS AND CONDITIONS
Permanent hire & sales conditions MOBILE LOCKER UK (hereinafter referred to as: ML)
General terms and conditions applicable to permanent hire or sale agreements. If your agreement relates to an event or festival hire, then please refer to “Event Hire Terms & Conditions”.
- Applicability of general terms and conditions:
1.1 Unless agreed otherwise in writing, all operations, services and agreements in relation to sales or permanent hire of units are subject to these general terms and conditions.
Notwithstanding any reference of the customer to their own terms and conditions, the current terms and conditions of ML are applicable. The special terms and conditions of ML nullify and replace the general terms and conditions of ML where they deviate.
1.2 The fact that one of the parties does not exercise the right granted by the current terms and conditions does not imply that this party waives the right to call upon such right in the future. - Price tenders:
2.1 In its price tenders ML assumes that all goods are delivered in normal usable condition and that all the operations can be carried out in the normal way. Special requirements and circumstances need to be specified in advance and in writing and detailed by the customer.
2.2 Unless otherwise indicated, price tenders shall be valid for a period of fifteen days from the date of the price offer.
2.3 Changes in terms relating to wages, social benefits and charges and price fluctuations of raw materials and materials, currency changes, index fluctuations and other unforeseeable circumstances at the time of the price offer or their acceptance by the customer authorises ML to make proportionate price adjustments.
2.4 The acceptance of the price offer by the customer automatically includes the acceptance by the customer of the special and general terms and conditions of ML. - Invoicing
3.1 The invoices of ML are payable in cash and shall be deemed to have been accepted by the customer in the absence of written protest within five days after the invoice date.
3.2 Any unpaid invoice from the maturity date causes automatically and without prior notice of default a negligence interest of 10 % per year and a lump sum compensation of 10 % of the outstanding amount, with a minimum of £50.00.
3.3 In the event of non-payment of one invoice all other invoices become immediately payable.
3.4 In no event shall compensation or right of offset be allowed between the invoices of ML and any claims for which ML would be charged.
3.5 In the event of the absence of timely payment of an invoice, ML reserves the right, without notice, to suspend the further implementation of the agreement or terminate the agreement.
3.6 In the case of dissolution of the agreement from the part of the customer the right to payment of the amounts already invoiced will definitely be acquired by ML and no re-payment shall be carried out for amounts already received. Furthermore, ML will be entitled to a lump sum compensation at the expense of the customer of 20% of the value of the contract, subject to a higher damage suffered and proven by ML. - Delivery
4.1 Delivery is made at the location specified by the customer, unless in the event of sale. In the event of sale, the customer will retrieve the goods from the establishment of ML.
4.2 The taking possession of the goods by the customer without comments serves as proof of receipt of the goods in perfect condition and properly functioning.
4.3 The customer undertakes to supply all the information in due time that ML needs to have available to properly carry out the delivery at the specified location and ensures ML the access to the before mentioned location both for the delivery as well as for the collection where applicable.
4.4 The specified location needs to be easily accessible for the usual means of transport.
4.5 Any costs associated with the temporary utility supplies such as water, electricity, internet, etc. for the tasks to be carried out by ML as well as the costs for the water, electricity, fuels, internet etc. supplied are not part of the price tender and shall be fully borne by the customer. - Liability:
5.1 In the event of a shortcoming accountable to ML or its appointees/implementation agents, ML is not liable for the damage from the part of the customer, except where such damage is due to intentional act or deception.
5.2 In the event that ML is deemed to be liable for any damage suffered by the customer the liability of ML does not extend further than to the reimbursement of the amount that the customer owes ML under the relevant agreement with the customer.
5.3 A condition for the originating of any right to damages is always that the customer gives a written notification within twenty-four hours of the damage to ML.
5.4 The customer indemnifies ML for all damage that ML should suffer as a result of claims of third parties which are related to goods or services supplied by ML, inter alia, amongst others, including: – claims of third parties for compensation of damage for which the liability of the customer in these conditions in the relationship with ML is excluded – claims of third parties, including employees of the customer, suffering injury as a result of wrongful act on the part of the staff of ML that is made available to the customer and/or working under his supervision or his directions, – claims of third parties who are suffering damage which is the result of a defect in the goods supplied or services provided by ML that were used by the customer, amended or supplied by adding of or in conjunction with own products or services of the customer. - Force majeure
6.1 In the event of force majeure ML has the right to terminate the agreement wholly or in part
6.2 Cases of force majeure on the part of ML exclude all compensation for damages, regardless of the extent to which the implementation of the agreement is affected by it.
6.3 If ML at the time of the occurrence of force majeure has partially met its obligations or can only partially meet its obligations, ML is entitled to invoice the already delivered or deliverable part and the customer shall be obliged to pay this invoice as if it were a separate agreement.
6.4. Force majeure includes, but is not limited to: delay or failure of deliveries of suppliers of ML, destruction of goods due to machine breakage, fire, strikes, internet-, electric-, software or telecommunications disorders and errors or delays caused by third parties. - Intellectual property
7.1 All images, drawings, technical descriptions and sketches or specifications, provided to the customer, remain the property of ML and with the prohibition to copy or to disclose wholly or partly to a third party without written permission of ML.
7.2 A license on software of ML gives the customer only a right of use. The customer has no right to ownership on the above-mentioned software and the software is not permitted to be copied, to be modified or to be sold in whole or in part. - Inability
In the event of death, bankruptcy, judicial request for reorganisation or winding up of the customer ML has the right to immediately cancel the agreement, without being due any compensation. - Applicable law and jurisdiction
The contractual relationship between ML and the customer is governed by the laws of England and Wales, unless otherwise specifically stated in an agreement between ML and the customer. In the event of any dispute, only the courts of the United Kingdom shall have jurisdiction. - General conditions applicable to lease and making available:
10.1 The client is obliged at delivery or making available to check all goods for completeness, condition and operation; the goods shall be considered to be in perfect condition and properly functioning if at delivery or making available no comments are made by the customer.
10.2 The customer is liable for all damages, loss or theft of the goods, including replacement damage by whatever cause for the duration of the lease /putting at disposal.
10.3 In the event of loss or theft by letting the amount of the compensation is fixed at 85 % of the new purchase value of the goods.
10.4 In the event of lease, the customer is fully responsible for the goods and must take care of the insurance and adequate management.
10.5 The customer is not allowed to sublet, to lend out or otherwise to release the goods to third parties, except with the express written consent of ML.
10.6 The Customer is deemed to have given the order for collection of the goods after the expiry of the period of making available /hire. - General conditions applicable in the event of sale:
11.1 The total price of the accepted price offer is payable as follows: an advance amounting to … % at the time of acceptance of the price offer, … % at the beginning of the production and … % at the collection of the goods. The customer will receive a separate invoice for each payment due.
11.2 The delivered goods remain the property of ML until the payment of the full selling price, plus any interest and costs. The risk shall pass to the customer at the time the goods leave the warehouses or offices of ML.
11.3 Transport and other ancillary costs are always borne by the customer, unless otherwise expressly agreed.
11.4 The customer needs to inspect the goods immediately after the collection. Complaints concerning non-conformity and visible defects are only valid if they are done by registered letter within twenty-four hours after collection.
11.5 Any claim on the basis of a hidden defect needs to be established by the customer by registered letter within one week after the discovery of the hidden defect.
11.6 Unless otherwise provided for legal provision the warranty is limited to the warranty terms that ML has contractually endorsed. In respect of goods produced by third parties, the warranty is always limited to the warranty provided by the manufacturer. The warranty covers only the parts and materials, to the exclusion of working hours. The warranty is void if the defect is caused by injudicious or improper use of the goods or when the customer or third parties have made any changes to the goods.
11.7 Except in case of hidden defects, ML does not accept return of goods, does not cancel any orders placed and does not exchange goods at the request of the customer. - Refunds and Cancellations:
12.1 The reservation is only considered complete after we have received full payment and you have received a confirmation email with details of your reservation
12.2 A reservation through our online infrastructure gives right to one locker of the chosen size. After finalisation of purchase a locker cannot be interchanged for a different size/combination of features.
12.3 Sales can be refunded on a case by case basis by contacting us and providing the reservation details and reason for cancellation.
12.4 Refunds for a reservation must be requested before 14 days prior to the event counting from midnight in the respective time zone of the event that a cancellation was requested for. Refunds requested after this deadline will be considered invalid.
12.5 Requested refunds will always be considered a partial refund. Administration fees have been paid to initiate your reservation and handle payment. These costs will be considered the burden of the end user and therefore be subtracted from the refund amount.
12.6 Usage of the locker during the reserved timeframe is at the discretion of the user. There will be no refund whatsoever for unused reservation days.
12.7 We reserve the right to deny cancellation if the refund request does not meet the prerequisites stated above. - Advance Bookings for Locker Rentals
13.1 Customer debit or credit cards for online bookings and reservations of locker rentals for festivals and events will be debited the appropriate amount (including any relevant booking or admin fees) at the time of booking.
MOBILE LOCKER UK LIMITED
UK Company number – 12129700
UK VAT number – 338554772
Unit 11, Trident Park
Poseidon Way
Warwickshire
CV34 6SW
info@mobilelocker.co.uk
