Terms and Conditions / Operative Provisions:
1.1 The following definitions and rules of interpretation apply in this Agreement.
360Globalnet Limited (360): incorporated and registered in England and Wales with company number
07127114 whose registered office is at Bourne House, 475 Godstone Road, Whyteleafe, Surrey CR3
0BL (trading under the name Robo4Hire);
Agreement: the agreement between 360 and the Customer for the hire of the Equipment in accordance
with these Conditions;
Commencement Date: the date on which the Equipment is to be delivered to the Customer (as set out
in the Quotation);
Conditions: the terms and conditions set out in this document;
Customer: a person who has entered into an Agreement with 360;
Delivery: the transfer of physical possession of the Equipment to the Customer at the Event Location;
Equipment: the equipment listed in the Quotation;
Event: the event referred to in the Quotation;
Event Location: the event location referred to in the Quotation;
Expiry Date: the expiry date referred to in the Quotation;
Intellectual Property: patents, inventions, copyright registrations, trademarks and service marks,
business names and domain names, trade secrets, know-how, goodwill, designs, patent applications,
trade mark applications, copyright applications, foreign or domestic;
Intellectual Property Rights: ownership interests in any Intellectual Property including but not limited
to proprietary, technical, engineering or business information, reports, studies, analyses, models, or any
other similar documents and data, including the rights in get up and trade dress, rights in software,
database rights, rights to use and protect the confidentiality of confidential information (including know
how and trade secrets) and all other intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and be granted, renewals or extensions
of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection
which subsist or will subsist now or in the future in any part of the world;
Order: the Customer’s order for the hire of the Equipment as set out in the Customer’s purchase order;
Payment Schedule: the payment schedule contained within the Quotation;
Quotation: 360’s quotation for the hire of the Equipment;
Rental Payments: the payments made by or on behalf of Customer for hire of the Equipment;
Rental Period: the period of hire set out in in the Quotation;
VAT: value added tax chargeable under the Value Added Tax Act 1994.
2 Basis of Agreement
2.1 These Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks
to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to hire the Equipment in accordance with these
3 Equipment hire
360 shall hire the Equipment to the Customer for use at the Event subject to the terms and conditions
of this Agreement.
4 Rental Payments and Deposit
4.1 The Customer shall pay the Rental Payments to 360 in accordance with the Payment Quotation.
4.2 The Rental Payments payable in respect of a minimum of one day’s charge shall be payable for use of
the Equipment for any part of a day.
4.3 The Rental Payments are exclusive of VAT and any other applicable taxes and duties or similar charges
which shall be payable by the Customer at the rate and in the manner from time to time prescribed by
4.4 All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction
or withholding (other than any deduction or withholding of tax as required by law).
4.5 If the Customer fails to make a payment due to 360 under this Agreement by the due date, then, the
Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum,
whether before or after judgment.
4.6 Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from
time to time, but at 4% a year for any period when that base rate is below 0%.
Delivery of the Equipment shall be made by 360. 360 shall use all reasonable endeavours to effect
Delivery by the Commencement Date. In the event that 360 fails to deliver the Equipment by the
Commencement Date the Customer’s remedy shall be limited to a pro-rata rebate of the Rental
Payments in respect of the period of late delivery.
6 Technical Assistance
The Customer must not operate the Equipment. 360 shall provide at least one qualified technician to
operate the Equipment during the Rental Period. The Customer shall comply with all reasonable
directions of such technician in relation to the Equipment (including, without limitation, in relation to
storage) throughout the Rental Period.
7 Title, risk and insurance
7.1 The Equipment shall at all times remain the property of 360, and the Customer shall have no right, title
or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the
terms and conditions of this Agreement).
7.2 The risk of loss, theft, damage or destruction of the Equipment shall remain with 360 after Delivery
unless such loss, theft, damage or destruction of the Equipment is caused by the negligence or misuse
of the Equipment by the Customer or any of its officers, employees, agents and contractors or any of
the aforementioned fails to act in accordance with the instructions of the Customer’s personnel in relation
to the Equipment (including, without limitation, in relation to storage thereof) in respect of which the
Customer shall indemnify 360 on demand.
360 reserves the right to cancel this Agreement at any time prior to the Commencement Date.
360 warrants that the Equipment shall perform in accordance with the general description contained
within 360’s website robo4hire.com and any other performance description that may be expressly
agreed by 360 and the Customer in writing.
The Customer shall only apply for its own trademarks and/or logos with 360’s express written consent
(and in the dimensions and form agreed by 360 in writing). The Customer shall not alter any of the
trademarks applied to the Equipment.
11 Intellectual property rights
11.1 The Customer acknowledges that the Intellectual Property Rights in the Equipment are owned by 360
(or its licensor) and nothing in this Agreement shall be construed as conferring any licence or granting
any rights in favour of the Customer in relation to any of the Intellectual Property Rights in the Equipment.
11.2 Should the Customer wish to video and/or photograph any Equipment in connection with its hire then
the Customer shall only do so after obtaining the prior written consent of 360 and following the payment
of such amount as agreed between the parties in consideration of the use of such video and/or photos.
11.3 Any consent obtained, unless agreed otherwise, will only be valid for a period of six months from the
date of such consent, following which the use of such videos and/or photos by the Customer and all
documents in respect of such must be deleted, unless an extension to such consent has been obtained
by the Customer.
11.4 The Customer shall procure that, as far as reasonably practicable, any persons attending an Event at
which the Customer is using the Equipment shall not take photographs of or video the Equipment other
than for their own personal use. The Customer shall ensure that this restriction is made clear to all those
persons at any Event.
12.1 Without prejudice to clause 12.2, 360’s maximum aggregate liability for breach of this Agreement
(including any liability for the acts or omissions of its employees, agents and subcontractors), whether
arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances
exceed the Rental Payments.
12.2 Nothing in this Agreement shall exclude or in any way limit 360’s liability for death or personal injury
caused by its own negligence.
12.3 Without prejudice to clause 12.2, 360 shall not be liable under this Agreement for any:
12.3.1 loss of profit;
12.3.2 loss of revenue;
12.3.3 loss of business; or
12.3.4 indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
13 Force majeure
Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform,
any of its obligations under this Agreement if such delay or failure result from events, circumstances or
causes beyond its reasonable control. In such circumstances the time for performance shall be extended
by a period equivalent to the period during which performance of the obligation has been delayed or
failed to be performed. If the period of delay or non-performance continues for three months, the party
not affected may terminate this Agreement by giving 14 days’ written notice to the affected party.
14 Assignment and other dealings
This Agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge,
subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under
15 Entire agreement
15.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes
all previous agreements, promises, assurances, warranties, representations and understandings
between them, whether written or oral, relating to its subject matter.
15.2 Nothing in this clause shall limit or exclude any liability for fraud.
No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their
17 Third party rights
Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law
shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further
exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall
prevent or restrict the further exercise of that or any other right or remedy.
19 Governing law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to
settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or
formation (including non-contractual disputes or claim