Terms and Conditions
We are Candy Kent, 23 Spectrum Court, 2 London Road, Northfleet, Kent, DA11 9JE. If we agree to hire any goods or items to you (“the Equipment”), this will be subject to the following terms and conditions.
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.
2.1 You may place your hire order with us by email, phone, online or in person.
2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment and stating total costs including installation, delivery or other applicable charges.
2.3 The contract between you and Candy Kent will be formed when you advise us that you accept the order quote.
3 Hire Charges
3.1 Our hire charges and all other applicable charges will be as shown in the order quote and on our website. The order quote or confirmation or invoice will also show the date the fee is due and the period of the hire.
3.2 All equipment will be in clean, good working condition, and should be returned to us in the original condition supplied (without damage).
3.3 You agree to reimburse us for all costs in connection with repairing or replacing Equipment not returned good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair or replacement.
3.4 We reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.5 Where we have taken a damage deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment.
4.1 If your event date is within 10 weeks, a full payment shown on the order quote/online booking is required. Events over 10 weeks from your booking date require a 10% deposit or £50 deposit, which ever is greater. This deposit is to secure your date and the Equipment for the proposed date.
4.2 We accept payment by cash, cheque, Paypal or BACS transfer.
4.3 Where any payment is not made by the date specified in the order quote we reserve the right to cancel your order and remove your date from our calender.
4.4 Any deposit paid is non-refundable. Except under circumstances under clause 12.3.
4.5 Card payments may be subject to a 3% transaction fee.
5.1 We only deliver hire services to customers in the United Kingdom.
5.2 Equipment will be delivered or collected by you in good working order. Unless notice is received to the contrary on acceptance or set up, Equipment will be deemed to be in good working order and in good condition.
5.3 Our estimated time for delivery will be stated in the order quote or invoice. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated timescales.
6 Installation / Collection
6.1 Where we are unable to set up through error or fault on your part, we reserve the right to charge for our time at the rates shown on the order quote, or at £10 per hour.
6.2 If electric point is required for the service it must be located within 10 metres of where hire item is set up. Electric points must take standard uk plugs.
6.3 Any consumables left on the hire item when we collect will be rightfully property of Candy Kent. We are not obliged to return (by post/courier) any consumables after collection has been made.
6.4 Be advised that foods that involve cooking on site (Popcorn, Candy Floss, Crepes) will produce heat. We advise on our website to locate these machines in well-ventilated rooms with high ceilings so as not to affect any smoke alarms. Candy Kent cannot be responsible for any smoke alarm / fire alarm going off at the venue and affecting the event and any or items on site (evacuation, time delay, sprinkler system, etc). Upon hire of these machines and selecting the location on site the customer is responsible for this action. Contact us in advance if you have any concerns over this prior to the event.
6.5 Our staff need to be advised in advance if there are stairs to encounter on site where we will be loading / unloading hire equipment. If the elevator on site is not functioning or has limited space restrictions we will also need to be aware of this in advance.
7.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
7.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of delay.
8.1 You will not be entitled to cancel the contract once the Equipment has been uplifted or delivered, unless we agree to such cancellation.
8.2 If you are a business customer and wish to cancel the contract within 60 days of the start of the hire the following cancellation charges will apply (being a percentage of the hire charge excluding delivery and extra charges).
a) 21 – 60 days before start of hire period – 25% of hire charge.
b) 10 – 21 days before start of hire period –50% of hire charge.
c) 0 – 240 hours before start of hire period –100% of hire charge.
8.3 If you are a consumer then you have the right to cancel the contract for a period of 7 days starting from the day after the contract is formed, or until the hire commences, whichever is the sooner.
8.4 If you are a consumer cancelling under clause 8.3 then you must advise us in writing immediately at firstname.lastname@example.org. We are not obliged to accept cancellation after this period.
8.5 A fee of £25 admin fee also applicable on all cancellations.
8.6 As per clause 4.4; Any deposit paid is non-refundable.
9 Your responsibilities
9.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other items which you use.
9.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
9.3 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
9.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damage beyond economic repair, and insure the Equipment against such liability.
9.5 At our discretion you agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
9.6 This clause 9 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.
9.7 Your responsibility for the goods begins when you or your agent receive the goods and ends only when the goods have been returned to us or collected by us. Your responsibilities include safe keeping of the goods and protection against the elements, theft, vandalism, weather damage or improper use. You are responsible for the return of the goods and making clear arrangements with us for the collection of the goods at the end of the hire.
9.8 It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. It is the customer’s responsibility to provide all suitable clothing. You must ensure that the Equipment is not misused.
9.9 No responsibility can be accepted by Candy Kent for injury caused by use of equipment hired. No Liability accepted for any stock lost by malfunction of the equipment on hire.
9.10 It is the responsibility of the hirer to ensure that users of the equipment exercise adequate care to avoid injury. Candy Kent will not accept responsibility for injury caused through irresponsible behaviour.
9.11 It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for complying with requirements of the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment.
9.12 If self-service it is your responsibility to comply with Health and Safety law including Food Hygiene Certification for your staff, etc.
10.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
10.2 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
10.3 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
10.4 Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.
11 Liability and Indemnity
11.1 To the fullest extent permissible under English law, we will not be liable for any losses you incur arising out of or in connection with the hire of the Equipment.
11.2 Notwithstanding the terms of clause 7.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.
11.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment.
11.4 If you are a consumer, this clause 11 does not affect you statutory rights.
12 Termination of Hire
12.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
12.2 Where the provisions of clause 12.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
12.3 We shall be entitled to terminate the contract in the event that equipment is damaged/under repair before your hire date and that the damage isn't caused by you or your party and we are unable to provide an alternative by the date of your hire.
14 Personalised Products
14.1 Order Acceptance - We must receive payment of the whole of the price for the goods you order before your order can be accepted. Our acceptance of your order brings into existence a legally binding contract between us.
14.2 Machine Printed Goods - The delivered quantity of your product may vary by ±10% of the ordered quantity.
14.3 Delays beyond our control - We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any
event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
14.4 Copyright designs - It is the client’s responsibility to gain authorisation to use any copyrighted material/logos.
14.5 Designs - We may occasionally use examples produced for brochures, samples, web site. If this is not acceptable it must be clearly stated on official order or artwork approval.
15.1 For your peace of mind we strongly recommend that a suitable insurance be taken out by yourself as all hire equipment is the responsibility of the customer during the hire period, including our equipment left at other premises. No insurance is provided by Candy Kent for loss / theft / damage.
16 Governing law
16.1 These terms and conditions and the contract for the hire of the Equipment are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
17.1 Photos of our products may be taken at the events that we attend for promotional purposes. Our staff will only take photos of our items and services, with or without the guests using the products. If you would not like images of your event to appear on our website please advise the member of staff attending the event on site, or email email@example.com to request that the photos not be shown on our website or social media feeds.
If you wish to have a copy of the photos we have taken at your event for personal use (strictly not for business use) then email firstname.lastname@example.org and we will send you copies by email.
17.2 All content included on this site, such as text, graphics, logos, button icons, images, is the property of Candy Kent, its owner and/or its suppliers and partners. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to www.candykent.com or its contents are vested in Candy Kent and/or its suppliers or our partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever.