Company details. Showcase Avi Ltd (Co. No. 09027111) (we, our and us), is a company registered in England and Wales and our registered office is at Paslow Hall Farm Estate King Street, High Ongar, Ongar, Essex, CM5 9QZ. Our VAT number is 323 7522 18. We operate the website weareshowcase.com and variations thereof including the website address used from time to time for the specific Exhibition (defined below) (“Website”) for which you are purchasing the items.
Contacting us. To contact us telephone our customer service team at 08458 336 515 or email hello@weareshowcase.com How to give us formal notice of any matter under the Contract is set out in clause 2.
Our contract with you
Our contract. These terms and conditions (Terms) apply to the order by you and hiring of goods by us to you (Contract) in relation to a specific event and related dates advertised on the website that you are hiring from (Exhibition). No other terms are implied by trade, custom, practice or course of dealing.
Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Language. These Terms and the Contract are made only in the English language.
Placing an order and its acceptance
Placing your Please follow the onscreen prompts to place an order. Each order is an offer by you to hire the goods specified in the order (Goods) subject to these Terms.
You will not be deemed to have placed an order if you have not paid the total charges in full and cleared funds in the order (“Charges”).
Correcting input Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
Acknowledging receipt of your After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.5.
Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
If we cannot accept your order. If we are unable to hire the Goods to you for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the hire of the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
You must place any order to hire Goods at least 7 days prior to the date of the
Any orders placed less than 7 days prior to the date of the Exhibition shall be subject to availability and may incur a surcharge of 20% of the total cost of such order.
Our goods
The images of the Goods on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Website have a 2% tolerance.
Goods may vary from that shown on images on the
We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory
Rental Period
You shall be able to hire the Goods from us for use at the Exhibition subject to the terms of this
The rental period starts on the date (“Start Date”) you receive the Goods at your Exhibition Stand (“Delivery”) and ends immediately at the time and date the Exhibition finishes (“End Date”), such period defined as the “Rental Period” unless terminated earlier in accordance with this Contract.
If you do not accept delivery of the Goods by the Start Date and rejection is not due to the Goods and/or Services (as defined in clause 10.1) being faulty, then unless there is an event outside our control preventing Delivery, the Rental Period shall commence regardless and you shall be liable for Charges relating to the entire Rental Period.
Title and Risk
The Goods shall at all times remain our property, and you shall have no right, title or interest in or to the Goods (save the right to possession and use of the Goods subject to the terms of this Contract).
The Risk of the Goods shall pass to you on Delivery in accordance with clause
Your responsibilities
You shall during the Term:
ensure that the Goods are kept and operated in a suitable environment, used only for the purposes for which they are designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by us;
take such steps (including compliance with all safety and usage instructions provided by us) as may be necessary to ensure, so far as is reasonably practicable, that the Goods are at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
maintain (at your own expense) the Goods in good and substantial repair in order to keep them in as good an operating condition as they were on the Start Date (fair wear and tear only excepted);
make no alteration to the Goods and shall not remove any existing component(s) from the Goods. Title and property in all substitutions, replacements, renewals made in or to the Goods shall vest in us immediately upon installation;
keep us fully informed of all material matters relating to the Goods;
at all times keep the Goods in your possession or control and keep us informed of its location;
permit us or our duly authorised representative to inspect the Goods at all reasonable times and for such purpose to enter upon the Exhibition or any premises at which the Goods may be located, and shall grant reasonable access and facilities for such inspection;
maintain operating records of the Goods and make copies of such records readily available to us, together with such additional information as we may reasonably require;
not, without our prior written consent, part with control of, sell or offer for sale, underlet or lend the Goods or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
not without our prior written consent, attach the Goods to any land or building so as to cause the Goods to become a permanent or immovable fixture on such land or building by any person other than us. If the Goods do become affixed to any land or building then the Goods must be capable of being removed without material injury to such land or building and you shall repair and make good any damage caused by the affixation or removal of the Goods from any land or building and indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;
not do or permit to be done any act or thing which will or may jeopardise our right, title and/or interest in the Goods and, where the Goods have become affixed to any land or building, you must take all necessary steps to ensure that we may enter such land or building and recover the Goods both during the Rental Period and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of us of any rights such person may have or acquire in the Goods and a right for us to enter onto such land or building to remove the Goods;
not suffer or permit the Goods to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Goods are so confiscated, seized or taken, you shall notify us and you shall at your sole expense use its best endeavours to procure an immediate release of the Goods and shall indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
not use the Goods for any unlawful purpose;
ensure that at all times the Goods remains identifiable as being our property and wherever possible shall ensure that a visible sign to that effect is attached to the Goods;
deliver up the Goods on or before the End Date or on earlier termination of this Contract at such address as we require, or if necessary allow us or our representatives access to the Exhibition or any other location where the Goods are located for the purpose of removing the Goods; and
not do or permit to be done anything which could invalidate the insurances referred to in clause
You acknowledge that we shall not be responsible for any loss of or damage to the Goods arising out of or in connection with any negligence, misuse, mishandling of the Goods or otherwise caused by you or your officers, employees, agents and contractors, and you undertake to indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with the terms of this Contract.
Faulty Goods
Subject to clause 8.2, if you give notice in writing to us promptly discovering that some or all of the Goods are faulty and such fault is not due to any acts or omissions by you:
we shall be given a reasonable opportunity of examining such Goods;
you (if asked to do so by us) shall promptly return such Goods to our registered office address at our cost; and
we shall, at our sole option, repair or replace the defective Goods, or refund the Charges relating to the defective Goods in full and this shall be your sole remedy in relation to faulty Goods.
We shall not be liable to repair, replace or refund the Charges for defective Goods under clause 8.1 in any of the following events:
you make any further use of such Goods after giving notice in accordance with clause 8.1;
the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
the defect arises as a result of us following any instructions, drawing or design supplied by you;
you alter or repairs such Goods without our written consent;
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
This Contract shall apply to any repaired or replacement Goods supplied by
Insurance
The risk of loss, theft, damage or destruction of the Goods shall pass to you on The Goods shall remain at your sole risk during the Rental Period and any further term during which the Goods is in your possession, custody or control (“Risk Period“) until such time as the Goods are redelivered to us. During the Rental Period and the Risk Period, you shall, at your own expense, obtain and maintain the following insurances:
insurance of the Goods to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may from time to time nominate in writing;
insurance for such amounts as a prudent owner or operator of the Goods would insure for, or such amount as we may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Goods; and
insurance against such other or further risks relating to the Goods as may be required by law, together with such other insurance as we may from time to time consider reasonably necessary and advise you as such.
All insurance policies procured by you shall be endorsed to provide us with at least twenty (20) Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon our request name us on the policies as a loss payee in relation to any claim relating to the You shall be responsible for paying any deductibles due on any claims under such insurance policies.
You shall give immediate written notice to us in the event of any total loss (in which case, the Goods cannot be repaired), accident or damage to the Goods arising out of or in connection with your possession or use of the
At our instruction, you shall either be required to:
promptly repair the Goods to a very high standard using a suitably qualified person; or
promptly replace such Goods in its entirety on a like-for-like basis (in our sole opinion).
If you fail to effect or maintain any of the insurances required under this Contract, we shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from you.
Pursuant to clause 9.5, if you do not effect or maintain insurance in accordance with this clause 9 we shall be entitled to charge an additional amount to you that is equivalent to 12.5% of the Charges to cover any additional insurance premium we incur in insuring the Services and Goods supplied to you under this Contract.
You shall, on demand, supply copies of the relevant insurance certificates or other insurance confirmation acceptable to us and proof of premium payment to us to confirm the insurance arrangements.
Services
Subject to clause 10.2 below, the price of the Goods purchased online includes us installing the Goods on the Exhibition Stand you identified in your order at the Exhibition, and dismantling and removing the Goods from the Exhibition Stand after the End Date (“Services”).
If you order a bespoke design from us for your Exhibition Stand, we will quote this separately to you which will include the cost of the Services. Payment is to be paid in advance via BACS or the Website under the bespoke item You may then either pay our invoice upfront or have the bespoke design added to the Website where you can purchase it online as per these terms and conditions.
Any bespoke design paid by you other than through our Website will still be subject to these terms and conditions.
You are not permitted to install or remove the Goods from the Exhibition unless we have expressly agreed in writing that you may do so.
Return and refund
If you wish to change any Goods in your order, please let us know at least 7 days before the first Exhibition Date and we will try to accommodate your request where reasonable. If the total for the changed Goods are more expensive than the original Goods ordered, you will be required to pay for the difference in If the total for the changed Goods are less expensive than the original Goods ordered, we will refund you the difference in price on the credit card or debit card used by you to pay.
You may cancel the Contract and receive a refund, only if you notify us at least 14 days before the Exhibition and as set out in clause 11.3.
To cancel the Contract at least 14 days before the Exhibition, you must contact us by using any of the methods set out in clause 1.2 above. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us details of your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
If you have asked us to collect the Goods or dismantle them because the Goods are faulty or mis-described, we will refund the price of the Goods if we are unable to find you a similar replacement and will refund you on the credit card or debit card used by you to pay.
If Goods have been delivered to the Exhibition Stand before you decide to cancel the Contract then we can dismantle the Goods at your request but you will not be entitled to any refund.
In the event that the Exhibition is relocated, cancelled, postponed or delayed you will be entitled to either:
cancel the Contract, in which case on the condition that the 14 day notice period set out in clause 11.2 is met, a refund will be provided; or
postpone or delay the Contract, in which case the Contract will be amended to the new Exhibition date.
Delivery, transfer of risk and title
We, or one of our or the Exhibition’s sub-contractors will deliver the Goods on the earliest date that we are authorised to deliver to the Exhibition venue for the relevant Exhibition.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
Delivery is complete once the Goods have been unloaded at the Exhibition Stand as set out in your order at the Exhibition venue and the Goods will be at your risk from that time.
If we fail to deliver the Goods before the first date of the Exhibition, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate or correct delivery instructions or any other instructions that are relevant to the hiring of the Goods.
International delivery
We shall deliver to the Exhibition venue even if it is located outside of the UK (International Delivery Destination). However, there may be restrictions on some Goods for certain International Delivery Destinations, so please ensure you are able to receive the Goods before ordering them.
If you order Goods from the Website for delivery to an International Delivery Destination, the Charges for your order as set out during the online ordering process shall include import duties and taxes which are applied when the Goods reach that destination. Please note that we have no control over these duties and taxes and we cannot predict their amount so please contact your local customs office for further information if required before placing your order.
You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
Price of goods and delivery charges
The prices of the Goods will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the However, please see clause 14.4 for what happens if we discover an error in the price of Goods you ordered.
Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, no adjustments will be made as you have already paid for the Goods in full before the change in VAT takes effect.
We sell a large number of Goods through the It is always possible that, despite our reasonable efforts, some of the Goods on the Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the hire of the Goods and refund you any sums you have paid.
How to pay
You can only pay for Goods using a debit card or credit We accept all major credit and debit cards.
Payment for the Goods and all applicable delivery charges is in advance. We shall not deliver the Goods to you unless and until we have received full and cleared funds in pounds sterling from you.
We use Stripe as a third-party payment provider to process all payments for orders through the Stripe’s privacy policy can be found at https://stripe.com/gb/privacy. We can access your contact info via Stripe and details of purchases, but we cannot access your payment details. Where we collect your payment details, we process these only for the purpose of providing these to Stripe and do not retain them after the payment is processed.
Our liability: your attention is particularly drawn to this clause
We only hire the Goods for internal use by your business, and you agree not to use the Goods for any resale
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
any other liability that cannot be limited or excluded by
Subject to clause 16.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill;
any indirect or consequential
Subject to clause 16.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the lower of either 75% of the Charges or £25,000.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Termination
Without limiting any of our other rights, we may suspend the delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
you fail to pay any amount due under the Contract before the first date of the Exhibition;
you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
Consequences of Termination
The following clauses shall continue in force:
[a) clause 6 (Title and Risk
(b) clause 8 (Faulty Goods)
c) clause 9 (Insurance);
(d) clause 16 (Limitation of Liability
(e) clause 18 (Consequences of Termination)
(f) clause 20 (Communication between Us);
(g) clause 21.3 (Waiver);
(h) clause 21.4 (Severance);
(I) clause 21.5 (Third Party Rights);
(j)clause 21.6 Governing law; and
(k) clause 21.7 (Jurisdiction).
respect of any breach of this Contract which existed at or before the date of termination or expiry.
Without prejudice to any other rights or remedies you may have, you shall pay to us on demand any costs and expenses incurred by us in recovering the Goods and/or in collecting any sums due under this Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
Events outside our control
In these Terms the following constitute an Event Outside Our Control: any event or sequence of events beyond our reasonable control and which prevents us from, or delays us in, performing our obligations under the Contract including, but not limited to, (a) an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster; (b) an act of any sovereign including war (or threat of, or preparation for war), armed conflict (or threat of, or preparation for, armed conflict), invasion, act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation; (c) acts of terrorism, civil war, civil commotion or riot (or the threat of, or preparation for, acts of terrorism, civil war, civil commotion or riot); (d) civil emergency (whether an emergency be declared or not); (e) fire or explosion; (f) adverse weather conditions; (g) nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority; (h) embargo, blockade, imposition of sanctions or breaking off of diplomatic relations or similar actions; (i) radioactive, nuclear, chemical or biological contamination or sonic boom, pressure waves caused by aircraft travelling at sonic or supersonic speeds; (j) law, or governmental order, rule, regulation or direction, judgment, order or decree; (k) epidemic or pandemic; (l) labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott; (m) interruption or failure of utility service including to electric power, gas, water, internet or telephone service; (n) loss at sea; (o) collapse of building structures; (p) failure of the transportation of any personnel, equipment, machinery supply or material required by us for performance of the Contract; (q) failure of plant machinery, machinery, computers or vehicles; (r) non-performance by suppliers or sub-contractors; (s) malicious or negligent damage or other act; (t) any action taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent or the imposition of an export restriction, import restriction, quota or other restriction or prohibition.
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has lasted beyond the last date of the To cancel please contact us. If you opt to cancel, you will have to return (at your cost and at our sole option) any relevant Goods you have already received. Unless such cancellation is received 14 days prior to the first Exhibition Date, you will not be entitled to a refund. If such cancellation is received 14 days, or more, prior to the first Exhibition Date we will refund the price you have paid (excluding delivery charges) less our reasonable administration fee..
Communications between us
When we refer to “in writing” in these Terms, this includes
Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal
General
Assignment and transfer
We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its
Governing law. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation 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 (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
