Terms & Conditions

Note: The cost to produce the Early Years Fire Service Discovery Package is quite substantial. In order for this to be available as a free resource to communities in the Avon Fire & Rescue Service area, we have set some guidelines and terms and conditions of use.

We hope that you can support us by understanding why we have to put these in place, which will allow longevity of the Discovery Package.

We thank you in advance and hope that you enjoy the use of this exciting resource.

Terms and Conditions

1. Interpretation

Borrower’ means any group or organisation who borrows the Early Years Fire Service Discovery Package from AF&RS.

AF&RS’ means Avon Fire & Rescue Service.

EYFS resource’ means the Early Years Fire Service Discovery Package and all its contents.

Loan period’ means the time agreed when booking the resource.

 

2. Purpose and Delivery

2.1 The Early Years Fire Service Discovery Package aligns to the Government’s Early Years Foundation Stage outcomes for children up to the age of 5 years old.

2.2 The EYFS package contains resources and toys which inspire creative and engaging play. Through interaction with the pack, we hope that children gain a positive awareness of who the Fire and Rescue Service is and some of the ways in which we help to keep our communities safe.

2.3 Further to the resources for the children, the pack also contains two texts for adults to lead activities and a pack of photocopy-able resources to further consolidate learning.

2.4 Additionally, there is a parents’ pack which contains leaflets with important home fire safety messaging, as well as a code for parents with children under five to use to book a free Home Fire Safety Visit.

 

3. Borrowing the EYFS Discovery Package

3.1 Provided that the Borrower complies with these terms and conditions, AF&RS shall lend the EYFS resource to the Borrower for the loan period of two (2) weeks.

3.2 The Borrower will be available to receive the delivery of the EYFS resource from AF&RS staff on an agreed date and time.

3.3 AF&RS CYP staff will complete an inventory check upon receipt of the EYFS resource.

3.4 The Borrower must return the EYFS resource to an AF&RS Wholetime Fire Station at the end of the loan period (see table below). If the Borrower fails to

return the EYFS resource at the end of the loan period, AF&RS may charge the Borrower for the EYFS resource.

 

Avonmouth Fire Station St Andrew’s Road, Avonmouth, Bristol, BS11 9HQ
Bath Fire Station Cleveland Bridge, Bath, BA2 6PU
Hicks Gate Fire Station Durley Hill, Keynsham, Bristol, BS31 2AF
Kingswood Fire Station Tenniscourt Road, Kingswood, Bristol, BS15 4LB
Patchway Fire Station Rodway Road, Patchway, Bristol, BS34 5PE
Southmead Fire Station Southmead Road, Westbury-on-Trym, Bristol, BS10 5DR
Temple Fire Station Temple Back, Bristol, BS1 6EU

Weston-super-Mare Fire

Station

Milton Avenue, Weston-super-Mare, BS23 3JS

Yate Fire Station (office

hours only)

Station Road, Yate, Bristol, BS37 4AL

 

3.5 The Borrower must complete and return an evaluation form to AF&RS on return of the EYFS resource.

3.6 The EYFS resource belongs to AF&RS and title to and ownership of the EYFS resource shall remain vested in AF&RS during the loan period.

3.7 The Borrower has no right, title or interest in the EYFS resource except the right to borrow the EYFS resource in accordance with these terms and conditions.

3.8 The Borrower must not attempt to hold themselves out as having the power to sell, charge or otherwise encumber the EYFS resource during the loan period.

3.9 The Borrower is responsible for the safekeeping of the EYFS resource and agrees to replace or pay for any lost or damaged items.

3.10 The EYFS resource must be used by the Borrower for educational purposes only and must not be used for commercial purposes without the prior written consent of AF&RS.

3.11 AF&RS reserves the right to refuse the loan of the EYFS resource.

3.12 Failure of the Borrower to take reasonable care of the EYFS resource or to act in accordance with these terms and conditions may result in AF&RS instructing the Borrower to return the EYFS resource to AF&RS immediately.

 

4. Use of EYFS Resource

4.1 The Borrower must not cause or permit the EYFS resource to be used or operated in any manner contrary to any law or regulation whatsoever.

4.2 The Borrower must ensure that at all times the EYFS resource is employed, used or operated:

(i) with the adequate supervision of an adult when children are using it;

(ii) in a skilful, careful and proper manner;

(iii) only for the purpose for which it was designed; and

(iv) in accordance with all and any instructions for use

4.3 The Borrower is responsible for ensuring that all reasonable health and safety precautions are taken when using the equipment. The Borrower should undertake a risk assessment where appropriate.

4.4 The Borrower acknowledges that:

4.4.1 AF&RS is not the original manufacturer of some of the contents within the EYFS resource.

4.4.2 The Borrower is responsible for maintaining the condition of the EYFS resource until it is returned to AF&RS.

4.4.3 AF&RS has produced and purchased the EYFS resource solely for the purpose of lending it to the Borrower under these terms and conditions.

4.4.4 The Borrower shall take all reasonable steps to safeguard AF&RS rights in respect of the EYFS resource and shall not do or permit to be done anything that jeopardises the ownership or any other rights of AF&RS in the EYFS resource or deliberately omit to do anything that would prevent those rights from being exercised;

4.4.5 The Borrower is responsible for taking reasonable and proper care to ensure the security of the EYFS resource.

4.5 The Borrower acknowledges that no condition, warranty or representation of any kind has been or is given or made by AF&RS, or any other person on AF&RS’ behalf (whether authorised or not), express or implied, whether arising by law or otherwise in relation to the EYFS resource.

4.6 The conditions, warranties and representations referred to in 4.5 include any conditions, warranties or representations of any kind relating to the title of the EYFS resource or the description, quality, suitability or fitness for any purpose, value, condition, design or operation of any part of the EYFS resource.

4.7 The EYFS resource must be kept at the Borrower’s address and must not be taken outside the United Kingdom without the prior written consent of AF&RS.

4.8 The Borrower must keep the EYFS resource in a good, safe and serviceable condition and state of repair (fair wear and tear excepted).

4.9 The Borrower must return the EYFS resource (including its container) in a clean condition, including washing the Fire Suits if necessary.

4.10 The EYFS resource container is strictly a vessel to contain the contents of the resource and should not be used for any other purpose by borrower or any child under their supervision including using it as a toy or ride. A charge will be levied should damage occur to the container through inappropriate use.

4.11 AF&RS shall have no liability in contract, tort or otherwise for any loss (including consequential loss) of any kind arising directly or indirectly from:

4.11.1 Any defect or alleged defect in the EYFS resource or its use or performance.

4.11.2 Inadequacy of the EYFS resource or its use or performance. This shall not afford to AF&RS any wider exclusion of any liability of AF&RS for death or personal injury than AF&RS may effectively exclude having regard to the Unfair Contract Terms Act 1977.

4.12 In the case of the EYFS resource being defective for any reason, AF&RS shall have no obligation to supply the Borrower with a replacement.

 

5. Damage and/or Loss

5.1 If the EYFS resource or any part of it is lost or on inspection at the time of return is considered by AF&RS to be damaged (fair wear and tear excepted), a charge will be levied by AF&RS in respect of the damage or loss.

5.2 The Borrower must report any damage/loss to the EYFS resource or any part of it on its return to AF&RS.

5.3 Accidental non-return of any part of the EYFS resource must be reported and returned to AF&RS within one month.

 

6. Applicable Law

6.1 These terms and conditions shall be governed by English law and the exclusive jurisdiction to settle any dispute arising out of or in connection the subject matter hereof.