Note: The cost to produce the elfs resource is quite substantial. In order for this to be available as a free resource to communities in The Avon Fire & Rescue 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 elfs.
We thank you in advance and hope that you enjoy the use of this exciting new resource.
Terms and Conditions
‘Borrower’ means any group or organisation who borrows elfs from Avon FRS
“AF&RS” means Avon Fire & Rescue Service’
‘elfs Resource’ means the elfs box and all its contents
‘Loan Period’ means the time agreed when booking the elfs resource
2. Borrowing the elfs resource
2.1 Provided that the borrower complies with these terms and conditions, AF&RS shall lend the elfs resource to the borrower for the loan period of three (3) weeks.
2.2 The Borrower will collect the elfs box from AF&RS central locations on an agreed date and time.
2.3 On collection, the borrower’s authorised representative must sign the agreement and completed inventory form before the elfs resource is released.
2.4 AF&RS or their authorised representative must complete an inventory check on delivery and collection of the elfs resource.
2.5 If the borrower fails to return the elfs resource at the end of the loan period, AF&RS may charge the borrower for the elfs resource.
2.6 The borrower must complete and return an evaluation form to AF&RS on return of the elfs resource.
2.7 The elfs resource belongs to AF&RS and title to and ownership of the elfs resource shall remain vested in AF&RS during the loan period.
2.8 The borrower has no right, title or interest in the elfs resource except the right to borrow the elfs resource in accordance with these terms and conditions.
2.9 The borrower must not attempt to hold themselves out as having the power to sell, charge or otherwise encumber the elfs resource during the loan period.
2.10 The borrower is responsible for the safekeeping of the elfs resource and agrees to replace or pay for any lost or damaged items.
2.11 The elfs 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.
2.12 AF&RS reserves the right to refuse the loan of the elfs resource.
2.13 Failure of the borrower to take reasonable care of the elfs resource or to act in accordance with these terms and conditions may result in AF&RS instructing the borrower to return the elfs resource to AF&RS immediately.
3. Use of elfs
3.1 The borrower must not cause or permit the elfs resource to be used or operated in any manner contrary to any law or regulation whatsoever.
3.2 The borrower must ensure that at all times the elfs 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
3.3 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.
3.4 The borrower acknowledges that:
3.4.1 AF&RS is not the original manufacturer of some of the contents with the elfs resource;
3.4.2 The borrower is responsible for maintaining the condition of the elfs resource until it is returned to AF&RS.
3.4.3 AF&RS has produced and purchased the elfs resource solely for the purpose of lending it to the borrower under these terms and conditions;
3.4.4 the borrower shall take all reasonable steps to safeguard AF&RS rights in respect of the elfs resource and shall not do or permit to be done anything that jeopardises the ownership or any other rights of AF&RS in the elfs resource or deliberately omit to do anything that would prevent those rights from being exercised;
3.4.5 The borrower is responsible for taking reasonable and proper care to ensure the security of the elfs resource.
3.5 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 elfs resource.
3.6 The conditions, warranties and representations referred to in 3.5 include any conditions, warranties or representations of any kind relating to the title of the elfs resource or the description, quality, suitability or fitness for any purpose, value, condition, design or operation of any part of the elfs resource.
3.7 The elfs resource must be kept at the borrower’s address and must not be taken outside the United Kingdom without the prior written consent from AF&RS.
3.8 The borrower must keep the elfs resource in a good, safe and serviceable condition and state of repair (fair wear and tear excepted).
3.9 The borrower must return the elfs resource (including its container) in a clean condition, including washing the Fire Suits.
3.10 The elfs 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 upervision including using it as a toy or ride. A charge will be levied should damage occur to the container through inappropriate use
3.11 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:
3.11.1 Any defect or alleged defect in the elfs resource or its use or performance;
3.11.2 Inadequacy of the elfs 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.
3.12 In the case of the elfs resource being defective for any reason AF&RS shall have no obligation to supply the borrower with a replacement.
4. Damage and/or Loss
4.1 If the elfs 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.
4.2 The borrower must report any damage/loss to the elfs resource or any part of it on its return to AF&RS.
4.3 Accidental non return of any part of the elfs resource must be reported and returned to AF&RS within one month.
5. Applicable Law
5.1 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.