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Terms and Conditions

 

Please read the following information carefully, as it forms the basis of our contract with you. By engaging My Colour Is Gold Ltd for business, and paying your invoice, you will be deemed to have accepted these Terms and Conditions unless otherwise agreed in writing with My Colour Is Gold Ltd.

 

For any queries on the Terms and Conditions please email hello@mycolourisgold.com

 

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DEFINITIONS

 

In these conditions the following words have the following meanings:

 

“Contract” means a contract which incorporates these conditions and is made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products; and/or the provision of Services. This is usually and preferably in the form of an email;

 

“Customer” means the person, firm, company or other organisation with whom the Contract is made;

 

“Deposit” means any advance payment required by the Supplier which is to be held as security by the Supplier;

 

“Hire Goods” means any prop, motor, tool and/or device together with any accessories specified in a Contract which are hired to the Customer;

 

“Hire Period” means the period from when the Customer holds the Hire Goods on hire and until the return of the Hire Goods by the Customer into the Supplier’s possession or the repossession or collection of the Hire Goods by the Supplier;

 

“Hirer” means the person responsible for the hire;

 

“Liability” means liability for any and all damages, claims, proceeding, actions, awards, expenses, costs and any other losses and/or liabilities;

 

“Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

 

“Supplier” means My Colour Is Gold Ltd and will include it employees, servants, agents and/or duly authorised representatives;

 

“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods, or any other work agreed including any delivery and/or collection services, the construction or installation of any Hire Goods.

 

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1. PAYMENT

 

  1. Unit prices are reflective of a 1-3 day hire period. Additional charges will apply for extended hire periods. 

  2. Any Deposit or Rental are as quoted. Unless otherwise stated The Supplier will request 100% booking payment in advance to reserve the Hire Goods. 

  3. Refundable damage deposits are payable 14 days prior to delivery.

  4. The Customer should provide full and accurate invoice details in advance of any contract or work commencing. 

  5. The Supplier’s prices are, unless otherwise stated, exclusive of any VAT for which the Customer shall be additionally liable.

  6. Payment by the Customer on time and under Contract is an essential part of the Contract. Payment shall not be deemed to be made until the Supplier has received cleared funds in respect of the full amount outstanding.

  7. Payments are to be made via BACS transfer, please allow 3 days for funds to clear. Credit cards and cash payments are not accepted. 

  8. If the Customer fails to make any payment in full on the due date, the Supplier may cancel the job.

  9. If the Supplier deems the job not feasible due to inaccurate information supplied by the Customer there will be an email confirmation and charges may be incurred for any time spent on preparation of goods or cancellation of crew.

  10. Extended hire charges will be applied to items not returned within the agreed time frame and will be charged on a pro rata basis. 

 

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2. EVENT CANCELLATION

 

  1. Cancellation of any event or part thereof, within 1 month of the delivery date will incur percentage cancellation fees of the rental charge values as detailed below: 

    • More than 4 weeks notice - no fee, full refund provided

    • 1 - 4 weeks notice - 25% charge incurred

    • Less than 1 week - 100% charge incurred

  2. If a job has to be cancelled/delayed due to unforeseen circumstances and is neither the customers nor the suppliers fault, a credit note will be raised for the full amount and kept on file to use for future jobs.

 

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3. LOSS AND DAMAGE TO HIRE GOODS

 

  1. If the Hire Goods are returned in damaged, unclean and/or defective state except where due to the fair wear and tear and/or inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition until such repairs and/or cleaning have been completed.

  2. The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period.

  3. The Customer shall pay the Rental for the Hire Goods up to and including the date notified to the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date and until the Supplier has been replaced such Hire Goods the Customer shall pay 50% of the Rental and the Supplier shall use its reasonable endeavours to purchase or otherwise provide replacements for the Hire Goods as quickly as possible at which point the full Rental charges resume.

  4. Any labelled storage cases provided with hired items should be stored by the Customer during the event & returned with the hired items. Any damaged or lost cases will be charged for. 

 

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4. REFUNDABLE DEPOSITS

 

  1. Please be aware that the refundable deposit serves to protect the Supplier if the Customer breaks or violates the terms of the terms and conditions. It may be used to cover damage, cleaning, reparations, replacement of components or to compensate for any other unforeseen or unreasonable costs that arise as a result of the Customer’s negligence or violation of the T&Cs. On some occasions the Refundable Deposit may be used for loss or theft, however, we advise the Hirer to take out the relevant insurance for the total value of the Hired Goods. Total value of the kit supplied can be requested from the supplier at any time.

  2. Examples of where deductions are taken from the security deposit would be considered reasonable include:

    • Additional courier charges incurred if the Customer does not keep to the agreed schedule, timeframe or in some other way breaches the agreement.

    • Extra labour required to repair an item

    • New parts required to replace damaged equipment

    • Should it be deemed necessary to make a deduction from the security deposit, the process followed will be:

    • 1) The Supplier will contact the Customer with full details of the issue(s), including photos where possible and proposed charge to the Customer

    • 2) Charges may include additional fees to cover extra administration and time

    • 3) The Customer has 5 working days to respond to either accept or dispute the issue(s) and/or proposed charge

    • 4) Where the Customer accepts the charge, the deduction will be made and the remainder of the refundable deposit (if any) will be returned promptly

    • 5) Where the Customer disputes the issue(s) and/or the proposed charge, a telephone call will take place at an agreed time to discuss the matter informally and seek an amicable solution

    • 6) At all times, the Supplier reserves the right to determine what deduction is considered reasonable in line with these guidelines and any such decision will be final.

  3. Please note, we do not seek to make any unreasonable deductions from the security deposit. We would love our business to run on mutual trust and respect. Unfortunately, and as a result of a small minority of customers, a security deposit and associated procedures are necessary to protect our business and property. We hope you understand and take this aspect of the agreement in the spirit in which it is intended. Our aim is for you to enjoy our products and we hope that, in return, you treat them with respect and care so that we can continue to work together in the future.

 

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5. RISK, OWNERSHIP & INSURANCE

 

  1. It is the responsibility of the Customer to have a representative on site to accept, check and sign for the Hire Goods on delivery and collection. 

  2. Risk of the Hire Goods will pass immediately to the Customer when they leave the physical possession or control of the Supplier.

  3. The risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging for the Rental.

  4. Ownership of the Hire Goods remains at all times and with no exception with the Supplier.

  5. It is highly recommended that the Customer should insure against all risks including, but not limited to, the full replacement value of the items on hire. 

  6. The Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify.

  7. The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods or any associated insurance without the Supplier’s written consent.

  8. Public liability insurance is only supplied to the customer when My Colour Is Gold crew are attending on site.

  9. The Customer undertakes all safety measures for hired goods in compliance with safety & fire regulations. 

  10. It is essential health & safety practice to keep all items away from heat sources as flammable materials may have been used in the manufacture of hire stock. 

  11. Unless agreed by My Colour Is Gold Ltd in advance, all props are for indoor use only. Any items used outside are done so entirely at the Customer’s risk. 

 

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6. DELIVERY AND COLLECTION

 

  1. The Customer must provide a representative to meet the driver at delivery/collection, in order to confirm the condition of the Hire Goods, and the receipt/return of the Hire Goods.

  2. If the Customer is not present for delivery or collection, our delivery/collection note is final. 

  3. Deliveries & collections will be made between 9am - 5pm Monday to Friday unless otherwise agreed. 

  4. A parking and loading space must be organised by the Customer. If this is not provided, the Customer may incur additional charges.

  5. Any unloading/loading to an area other than a specified loading bay which results in a parking penalty is payable by the Customer. 

  6. An additional full day hire fee will apply if items are not ready for pick up on the date/time stated on the booking confirmation. 

 

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7. INSTALLATION AND DERIG SERVICE

 

  1. Any installation or de-rig service is quoted and charged for separately. 

  2. If the Supplier has been booked to provide an installation and/or de-rig service, the Customer is responsible for ensuring that sufficient time and access is available at the venue to allow the work to be completed. 

  3. The My Colour Is Gold Ltd team will use their artistic licence during an installation. 

 

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8. CARE OF HIRE GOODS

 

  1. The Customer shall use and operate the Hire Goods in the appropriate, safe and correct manner for which they are intended and shall not interfere in any way with the Hire Goods. Should the Customer be unsure of any aspect relating to the proper care, handling and operation of the Hire Goods they should contact the Supplier immediately.

  2. The Customer shall take reasonable measures to protect the Hire Goods from theft, damage and any other risks.

  3. Should any loss or damage occur to the Hire Goods, the Customer shall notify the Supplier immediately.

  4. The Supplier shall have access to inspect the Hire Goods at reasonable times and upon reasonable notice to the Customer including accessing the premises where the Hire Goods are situated.

  5. The Customer shall keep the Hire Goods at all times in its possession and control and not relocate the Hire Goods without the prior written consent of the Supplier.

  6. The Customer must not do or omit to do anything which may be deemed to invalidate the policy of insurance related to the Hire Goods.

  7. The Customer must not continue to use the Hire Goods if the Hire Goods are involved in an accident resulting in damage to the Hire Goods other property and/or injury to any person. In such an event, the Customer must notify the Supplier immediately.

  8. Where the Hire Goods require electricity, the Customer must ensure that the proper voltage is used and that, where appropriate, the Hire Goods are properly operated by a qualified and competent person.

  9. Where the Hire Goods require hanging, rigging or installing in a manner that requires special health and safety measures, the Customer must ensure the work is carried out by sufficiently qualified and competent people as to ensure compliance with any insurance policy, legal or best practice guidelines. The Supplier accepts no responsibility for the hanging, rigging or specialist installation of the Hire Goods.

  10. Hire Goods must be returned to the Supplier in good working order and condition and in a clean condition together with all accessories, boxes for transport and any other documents relating to the Hire Goods.

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9. LIMITATIONS OF LIABILITY

 

  1. All warranties, representations, terms, conditions, and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

  2. If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.

  3. Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.

  4. The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.

  5. The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

  6. The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.

  7. The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.

  8. The Supplier shall have no Liability to the Customer for any consequential losses (including loss of profits and/or damage to goodwill); economic and/or other similar losses; special damages and indirect losses; and/or business interruption, loss of business, contracts and/or opportunity.

  9. The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.

  10. Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of liability for breach of contract; liability in tort/delict (including negligence); and liability for breach of statutory and/or common law duty.

  11. Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

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