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THE HIRER'S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CONDITIONS 7 AND 11.
  1. INTERPRETATION
    1. The following definitions and rules of interpretation apply to these conditions:
      Agreement: this agreement for the hire of the Machine, which includes the Hire Form.
      Company: Leisure-4U UK Limited whose registered office is at 1 Collins Close, Staunton, Gloucestershire. GL19 3QZ with company registration number 06658890.
      Hirer: the person, firm or company so described in the Hire Form.
      Hire Form: the form overleaf which forms part of this Agreement.
      Machine: the games machine(s) or other items described in the Hire Form, including any or any part of them and all additions and accessories to and replacements and renewals thereof made on, before or after the date of this Agreement.
      Revenue: means the total sum of money from time to time contained in the Machine.
    2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
    3. Words in the singular include the plural and vice versa.
    4. A reference to one gender includes a reference to the other gender.
    5. Condition headings do not affect the interpretation of these conditions.
  2. APPLICATION OF TERMS
    1. Subject to any variation under condition 2.3 the Agreement shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Hirer purports to apply orally or in any document).
    2. No terms or conditions endorsed on, delivered with or contained in any document of the Hirer’s shall form part of the Agreement simply as a result of such document being referred to in the Agreement.
    3. These conditions apply to all the Company's hirings and any variation to these conditions and any representations about the Machine shall have no effect unless expressly agreed in writing and signed by an officer of the Company. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Agreement. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
  3. HIRE
    1. The Company hires the Machine to the Hirer upon and subject to these conditions.
    2. The Machine will be hired for the Hire Period (beginning on the date on which it is delivered to the Hirer and ending on the date on which it is collected by the Company) specified in the Hire Form (subject always to condition 12).
    3. The Hirer shall be responsible at its own cost for providing a suitable electricity supply to the Machine, and an appropriate level, stable and accessible surface on which the Machine will be situated at all times during the Hire Period.
    4. The Company will use its reasonable endeavours to deliver the Machine to the Hirer at the place and on the delivery date specified in the Hire Form, but will not incur any liability whatsoever in the event of any delay.
    5. The Company as owner of the Machine reserves the right to alter the specification, colour or any other aspect of the Machine or to substitute the Machine with another at its sole discretion, whether before or after the date of this Agreement.
  4. PAYMENTS
    1. In consideration of the hire of the Machine to the Hirer, the Company shall be entitled to the percentage of the Revenue from the Machine stated in the Hire Form. The Hirer shall not open the Machine or remove any of the Revenue from the Machine without the prior written consent of the Company. The Company is solely responsible for collecting the Revenue from the Machine, of which it shall retain the percentage stated in the Hire Form for itself and pay the remainder to the Hirer.
    2. If the Machine is not returned to the Company on the expiry of the Hire Period specified in the Hire Form or the termination of this Agreement (whichever is the earlier), then without prejudice to the Company’s other rights and at its request the Company shall be entitled to (as recompense for the continued use of that Machine) an amount equal to the percentage of the Revenue (as stated in the Hire Form) in respect of the Machine concerned, for each day that the Hirer is in default in returning the Machine. This condition will not give the Hirer any right to the continued use or possession of the Machine.
    3. If the parties agree in writing that further machine(s) shall be hired to the Hirer under the terms of this Agreement, it or they shall be added to the Hire Form and the Revenue payable under condition 4 will be varied as may be agreed in writing between the parties.
  5. HIRER’S COVENANTS
    The Hirer agrees with the Company that during the term of this Agreement and, if this Agreement shall expire or be terminated for any reason, until the Machine is returned to the Company in accordance with the terms of this Agreement, it shall:
    1. pay without demand any sums payable by it under this Agreement (together with VAT if applicable) on or before the due date for payment and pay interest on any sums which are overdue (or the balance for the time being outstanding) at the rate of 4% above the base rate from time to time of HSBC Bank plc until payment in full to the Company in cleared funds, such interest to accrue on a daily basis and to be payable both before and after any judgment;
    2. ensure that the Machine is kept in good condition (fair wear and tear only excepted) in the location in which it was placed by the Company, and the Hirer shall not cause or permit the Machine to be defaced or damaged in any way;
    3. not without the Company’s prior written consent cause or permit any repair, maintenance, servicing, alteration, addition or modification to be carried out or made in respect of the Machine or any adjustment to be made to the operation of the Machine, except through proper use of the Machine in accordance with the instructions provided with the Machine or by the Company;
    4. ensure that the Machine is operated at all times safely, in a proper manner, with all due care, for the purpose for which it was designed, and in accordance with the instructions and recommendations accompanying the Machine or provided by the Company;
    5. keep the Machine at all times in the possession and control of the Hirer at the venue specified in the Hire Form;
    6. punctually pay and discharge all rents, rates, taxes, charges and outgoings payable in respect of any premises in which the Machine may for the time being be kept or placed;
    7. notify the Company of any change in the Hirer’s address and at the Company’s request promptly inform it of the whereabouts of the Machine;
    8. procure that the Company and/or any person authorised by the Company shall be allowed at all reasonable times to enter any premises or place in which the Machine is for the time being situated, for the purpose of collecting the Revenue, inspecting and examining the condition of the Machine or repairing, servicing, maintaining or replacing it;
    9. obtain and comply with all necessary licences and permissions for the use of the Machine and not use the Machine or cause or permit it to be used contrary to law or any regulation or bye-laws and ensure that the Machine is used exclusively for the lawful purposes of the Hirer's business;
    10. in the event of any default by the Hirer under the terms of this Agreement pay to the Company on demand on a full indemnity basis all costs, expenses, (including all legal, storage and other charges and expenses), loss, damage and liabilities incurred by or on behalf of the Company in ascertaining the whereabouts of the Hirer and/or of the Machine or of preserving, storing, insuring or taking possession of the Machine and of any legal proceedings by the Company to enforce the provisions of this Agreement;
    11. keep the Machine free from any lien and any distress, execution or other legal process and not let, lend, sell, assign, transfer, charge, encumber, dispose of or otherwise deal with or part with the possession or control of the Machine or purport to do so;
    12. not assign, transfer, charge, let or sub-let or otherwise deal with all or any of the Hirer’s rights or obligations under or in relation to this Agreement;
    13. ensure that insofar as the Machine is affixed to any land or buildings such Machine shall be capable of being removed without material injury to the said land or building and take such steps as may be necessary to ensure that title to the Machine shall not pass to the owner or lessor of any such land or building or any third party;
    14. procure that no plates, identification or trade marks, labels, notices or signs on or fixed to the Machine (including any stating that the Company is the owner of the Machine) are removed, altered, obliterated or defaced and not add or erect any painting, lettering or advertisement to or on the Machine;
    15. fully and effectually indemnify the Company against all claims, proceedings, costs, expenses, loss, damage and liabilities made against or incurred by the Company by reason of or in connection with any loss, death, injury or damage (other than death or personal injury occasioned by the negligence of the Company (as defined in section 1 of the Unfair Contract Terms Act 1977)) suffered by any person arising from the presence and/or use of the Machine whilst it is at the Hirer’s risk and/or any act neglect or omission of the Hirer, its employees or agents.
  6. INSURANCE
    1. The Company shall at its own cost insure the Machine with effect from the date on which it is delivered to the Hirer and keep it insured for as long as it is in the Hirer’s possession, and the Company and not the Hirer shall be solely entitled to any sums paid or payable under any such contract of insurance.
    2. The Hirer will not use or cause or allow the Machine to be used for any purpose not permitted by the terms and conditions of any insurance effected pursuant to this condition or otherwise do or cause or allow to be done anything whereby any such insurance might be invalidated.
    3. If the Machine is lost, stolen, destroyed or damaged the Hirer will immediately notify the Company and at the Company’s request provide full particulars of the relevant circumstances to the extent that they are known to the Hirer.
    4. If the Machine is lost, stolen, destroyed or damaged to such an extent as to be in the opinion of the insurers incapable of economic repair this Agreement will determine as regards the Machine concerned on the date on which the Company first becomes aware of the same (but will continue in full force and effect in respect of any other Machine).
    5. Except as stated in condition 6.4 the loss, theft or destruction of or damage to the Machine will not affect the continuance of this Agreement.
  7. THE MACHINE
    1. The Hirer agrees that:
      1. no condition, warranty, representation or stipulation of any kind has been made by or on behalf of the Company in respect of the Machine; and
      2. the Hirer has been invited to inspect and test the Machine prior to the signing of this Agreement and to make all other relevant enquiries concerning it and the Hirer will be deemed to have satisfied itself as to the condition, quality, description and all other aspects of the Machine; and
      3. all warranties, conditions, representations and stipulations express or implied statutory or otherwise relating to the condition of the Machine or its quality or suitability or fitness for the particular or any purpose for which it is or may be required or its compliance with any description or sample (except for any given fraudulently) are hereby excluded to the fullest extent permitted by law; and
      4. the Hirer will not be entitled to any redress in respect of any period during which the Machine for any reason whatsoever is unserviceable or out of order or unusable (except to the extent that the situation arises from any breach of this Agreement by the Company and for any period when the Machine cannot be used because it is being maintained or serviced by the Company under condition 7.2), and the Company will not be obliged to supply any replacement Machine in any circumstances nor be liable for any loss, liability or damage of any description whatsoever (including without limitation loss of profile or business or any liability to any third party or any indirect or consequential loss or damage) suffered by the Hirer as a result of the Machine being unusable, out of order or unserviceable; and
      5. it accepts as reasonable the exclusions from liability contained in this condition 7.1.
    2. All servicing and maintenance of the Machine due to fair wear and tear will be carried out by or for the Company at its expense. The Hirer will immediately notify the Company of any fault in the Machine or any failure to operate properly and provide the Company with such information concerning the fault or failure as it reasonably requests. Any repair or replacement of the Machine arising from any damage to the Machine for which the Hirer is responsible under these conditions will be carried out by or for the Company at the Hirer’s cost and the Hirer will on demand indemnify the Company in respect of all costs, charges and expenses it incurs in relation to any such repair or replacement. The Hirer will promptly deliver the Machine to such place as the Company stipulates or make it available to the Company for collection to enable any such servicing, maintenance, repair or replacement to be effected.
  8. DEPRECIATION
    1. The burden of depreciation resulting from fair wear and tear of the Machine will fall upon and the right to claim all relief from taxation and capital allowances in respect of the Machine or any investment grant or other similar grant or relief will vest in the Company, and the Hirer undertakes not to claim any such relief, allowance or grant.
  9. OWNERSHIP
    1. The Machine will remain the property of the Company and the Hirer will have no right or interest in it other than as the hirer of it under this Agreement.
  10. HIRER’S ACKNOWLEDGEMENT AND WARRANTY
    1. The Hirer agrees that each of its obligations and covenants under this Agreement will for all purposes be fundamental conditions of this Agreement and that time shall be of the essence in respect of any payment due from the Hirer in relation to this Agreement to the intent that if the Hirer fails to pay any sum payable under or in relation to this Agreement on the due date or any other event specified in condition 12.1 hereof shall occur, the Company will be entitled to treat such failure or breach as a repudiation of this Agreement by the Hirer.
    2. The Hirer warrants to the Company that in hiring the Machine it is not dealing as a consumer (as defined in the Unfair Contract Terms Act 1977).
  11. LIABILITY
    1. The Company shall not be liable for any loss or damage arising from any cause beyond its reasonable control.
    2. The Company shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
    3. The liability of the Company with respect to any claims arising out of the hire shall be limited to replacement of the Machine with a similar Machine at the Company's option.
    4. Nothing in these conditions shall exclude or limit the liability of the Company for death or personal injury caused as a result of the Company's negligence, breach of contract or otherwise.
  12. TERMINATION
    1. Either party may terminate this Agreement on giving not less than 48 hours prior written notice to the other.
    2. If the Hirer shall during the term of this Agreement:
      1. fail to pay any sum payable by it under or in relation to this Agreement on the due date (whether or not any previous demand for payment has been made by the Company); or
      2. make any arrangement or composition with its creditors generally or (being an individual) has an interim order (within the meaning of the Insolvency Act 1986) or any other order under any legislation relating to bankruptcy or insolvency or their equivalent made against him or becomes bankrupt or its equivalent or (being a firm or body corporate or unincorporate) enters into compulsory or voluntary liquidation or the equivalent or shall be dissolved or have a receiver and/or manager, administrative receiver, supervisor or administrator or any other person having similar powers or function appointed over it or any part of its assets or undertaking or if any distress or execution shall be levied or threatened upon the Machine or upon any of the Hirer’s property or if any judgment against the Hirer shall remain unsatisfied for more than 7 days or if the Hirer shall abandon the Machine or cease or threaten to cease carrying on business or shall be unable to pay its debts within the meaning of sections 123 or 268 of the Insolvency Act 1986; or
      3. fail to observe or perform any of the terms or conditions of this Agreement (express or implied) or commit or suffer to be committed any breach whatsoever of this Agreement,
      then in each and every such case the Hirer will be deemed to have repudiated this Agreement and the Company may on the occurrence of any such event or at any time within 3 months of the Company becoming aware of it accept that repudiation and by written notice to the Hirer terminate this Agreement forthwith together with the hiring constituted by it.
    3. The expiry or termination of this Agreement howsoever arising will be without prejudice to the rights of either party accrued up to the date of expiry or termination.
    4. On the expiry or earlier termination of this Agreement the Hirer shall make the Machine available for collection by the Company or its agents, who may without notice retake possession of the Machine and are hereby irrevocably authorised for that purpose to enter upon any land or buildings of the Hirer on or in which the Machine is or is believed by the Company or its agents to be situated and if the Machine is affixed to such land or buildings the Company or its agents shall be entitled to remove the Machine and the Hirer shall be responsible for all damage caused to the land or buildings by such removal.
  13. ASSIGNMENT
    1. The Company may assign the Agreement or any part of it to any person, firm or company.
    2. The Hirer shall not be entitled to assign the Agreement or any part of it without the prior written consent of the Company.
  14. FORCE MAJEURE
    1. The Company reserves the right to defer the delivery of the Machine to the Hirer or to cancel the Agreement (in each case without liability to the Hirer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Hirer shall be entitled to give notice in writing to the Company to terminate the Contract.
  15. GENERAL
    1. Each right or remedy of the Company under the Agreement is without prejudice to any other right or remedy of the Company whether under the Agreement or not.
    2. If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.
    3. Failure or delay by the Company in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of its rights under the Agreement.
    4. Any waiver by the Company of any breach of, or any default under, any provision of the Agreement by the Hirer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement.
    5. The parties to the Agreement do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    6. This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
  16. COMMUNICATIONS
    1. All communications between the parties about the Agreement shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
      1. (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Hirer by the Company; or
      2. (in the case of the communications to the Hirer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Hirer set out in any document which forms part of the Agreement or such other address as shall be notified to the Company by the Hirer.
    2. Communications shall be deemed to have been received:
      1. if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
      2. if delivered by hand, on the day of delivery; or
      3. if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.


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