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Equipment Hire & Supply of Goods Contract Everything is fairly simple and straight-forward, however as we are not a big fans of reams of small print (however our legal representation insists upon it!) we have tried to make your life easier by summarising the main points and tried to limit use of jargon. We are firm believers in fairness, we endeavour to treat you fairly in exchange we request you to extend us the same courtesy. The important points are summarised in the ‘key terms’ list below and then in more detail following this list. We strongly recommend you read the entire contract prior to ordering as many of the terms and conditions are particular to our business and therefore is not just the usual. Our key terms are: Balance of order required prior to delivery. Returnable deposit of £50-£100 required (residential clients £50, students £75 and public spaces e.g. community centres and village halls £100). Equipment remains our property at all times and may only be used for commercial purposes as agreed by Kegless and is not to be used for any other activities. You are responsible for the equipment whilst in your possession and agree to insure it for full replacement value should it be damaged, lost or stolen; fair wear and tear accepted. We repair/replace defective equipment free of charge as soon as is practical. We accept no liability for loss of your income at any time. Equipment must not be moved from place of installation or manipulated in any way other than directed to enable cleaning upon collection or charges apply. You are responsible for ensuring that alcohol is not supplied to minors. Guaranteed 3 day order to delivery, however up until the day before if order placed before noon. The equipment at all times remains the property of Kegless Ltd and all equipment and kegs (whether finished or not!) will be collected upon completion of the hire period. Due to the perishable nature of beer we rarely accept sale or return on unused kegs as we may be unable to resell them and only with prior approval from the management refunds will be made at 40% of the additional keg price. This contract also applies to the order form.
Age & Identification
ID may be required upon delivery and failure to produce will result in order being cancelled without any refund (only cards with the PASS hologram, drivers licence or passport accepted). Whilst the equipment is in your possession it is your responsibility to ensure that alcohol is not being supplied to minors and it is you, the contract holder that is ultimately responsible for ensuring that this does not happen. Pricing & Payment
The quoted website price for an order is correct at the time of order however; if the prices change between order and delivery your order will be unaffected, unless you wish to add to the existing order which will be charged at the amended prices. Placing an order indicates acceptance of these terms and conditions and acceptance of the prices. We warrant that the prices will not unduly change over the course of the hire. Payment must be made in full, prior to the installation of the equipment. No exceptions will be made. A returnable deposit of £50-£100 (residential clients £50, students £75 and public spaces e.g. community centres and village halls £100) is required to cover against repair costs for some of the more likely damage to the equipment and is based upon the risk of damage. Delivery & Product Availability
We have included delivery into the hire charge as per our free delivery zone which covers the area inside the Edinburgh bypass (A720) in the south and bordered by the Firth of Forth on the northern side of the city. Deliveries to places outside this area will be subject to a delivery charge. If additional deliveries are required we reserve the right to levy a £15 charge per additional delivery e.g. in the event of not ordering sufficient quantities. Whilst we warrant delivering exactly as per the order form, lack of availability may force us to change the order and to offer a comparable product at a similar price subject to your approval. When ordering it is worth keeping in mind how common the beer you wish to order is e.g. if like Tennent’s Lager, it is in virtually every pub then there will be little trouble with availability as all the distributors keep good stocks of it, the opposite is true of rare beers. If a beer is rare it is best to order as far in advance as possible as suppliers keep limited stocks of these beers, ideally a week or more in advance of the delivery date. Should you find during the course of your hire you require additional kegs please telephone us and we may be able to arrange last minute deliveries (during office hours) at the lower ‘additional keg price’ however we do not recommend this as we may not be able to oblige. As previously stated there will be a £15 levy for this service plus any applicable delivery charges. Ownership & Period of Use
The equipment shall at all times remain ours including coolers, taps, gas canisters, regulators, kegs and glasses etc. You may not sell, sub-hire or otherwise dispose of or abandon the equipment. The period of use starts from the delivery day. The equipment must be returned the day following the last night of the hire period at the arranged time unless an extension is granted (at our discretion subject to a charge of £20 for an additional day). The equipment and kegs will be removed at the end of the hire period whether they are finished or not. We are not responsible for the disposal of anything else i.e. bottles and cans. Any glasses not returned are subject to a small charge of £2 per glass to cover replacement costs. Delivery and Location
Delivery will be made on the date confirmed however we cannot guarantee the time of the delivery, we will endeavour to arrive at the time requested but may need to alter this. Orders should be made 3 working days prior to delivery to be guaranteed subject to availability. However orders can sometimes be made up until noon the day before requested delivery however it is advisable to telephone and check before submitting order if you wish to place an order within two days of delivery. The equipment must remain at the same property that Kegless delivered the equipment to, and once set-up the equipment may not be moved or manipulated in any other way, other than instructed, until collection. The equipment must remain as installed to enable equipment cleaning to take place upon collection. If the equipment is not available for cleaning upon collection, this means we have to setup the system elsewhere for the sole purpose of cleaning it which incurs significant additional time and effort and a £15 charge will be made. Our Responsibilities
We warrant that the equipment is in good working order and should any defect occur in the equipment (other than for which you are responsible) will replace/repair the equipment free of charge as soon as is practical. All equipment is cleaned thoroughly after each use to ensure all health and safety and food hygiene requirements are met. We also warrant that the system is setup as best as possible to minimise dispense trouble however due to the nature of the system some adjustment of the system may be required upon instruction by Kegless personnel after delivery. We will also provide a draught beer dispense troubleshooting guide to enable you to solve some of the common dispense issues and also offer free telephone support should this be required. Please note that it is advisable that the equipment be installed 3 hours prior to use to allow the cooler to get down to operating temperature and the keg to settle. We have in the past installed systems which were available for use within 30-45 minutes however this is at your own risk. Your Responsibilities
Should you wish to use the equipment for commercial purposes i.e. retailing of beer you are responsible for any licencing liabilities and Kegless is in no way connected to any third party retailing. You are required to confirm that the delivered equipment and beer matches the order. Should discrepancies emerge after the delivery process is complete you accept that the delivery was made in good faith and that it was your responsibility to check the order, there may be a small charge to rectify the problem if this is the case. You agree to ensure the equipment is used in compliance with health and safety legislation and that tap nozzles are cleaned nightly with a clean damp cloth with an antibacterial cleaning fluid on it and that the drip trays are emptied and cleaned. If your order included glass hire it is your responsibility to ensure glasses are cleaned prior to being returned to us. As the system uses pressurised gas canisters which are dangerous if mishandled, you must not interfere with any of the equipment. As the system was installed and functioning when delivered you have the responsibility to ensure it remains in that condition. Equipment must be returned to us in the same condition as it was delivered to you. You are responsible for any costs incurred (including consequential losses suffered due to the equipment not being available for hire) in repairing/replacing damaged equipment. You agree to ensure that during hire of the equipment all safety instructions, procedures and statutory regulations are adhered to. If equipment is damaged you must notify us immediately and must not attempt to repair it. Furthermore you agree to insure the equipment for its full replacement value against accidental & negligent damage, fire and theft whilst in your possession. The deposit will cover the most of the damage the equipment may receive in a typical hire however you are liable for any additional costs over and above this deposit value as detailed in this paragraph. You indemnify us against any costs which arise while the equipment is your responsibility, unless it is a result of proven negligence on our part. Details must be given to us of any incidents which could give rise to a claim relating to the equipment. Un-opened Kegs
Kegless may subject to prior approval accept returns on un-tapped kegs and provide a refund in the amount of 40% of the additional keg price. Owing the perishable nature of the product we are unable to offer full refunds as we have a very short time with which to re-sell the item as our suppliers will not accept them back once purchased and we therefore have a risk that the kegs will go out of date before sale resulting in losses. We therefore advise clients to think carefully about their guests likely consumption prior to ordering.
Polypins are not acceptable for returns. The Contract & Termination
We may terminate this contract if you are in breach of any of the terms of this contract. We reserve the right to recover any costs incurred in such a termination. If we terminate the contract we will collect the equipment and you authorise us to enter any property for this purpose. Should you wish to terminate this contract early there will be a one-off termination fee of £50 to cover administration and exceptional costs. The contract shall be governed by the laws of Scotland. |
