HOLLOWSPHERE -
AV EQUIPMENT HIRE - TERMS & CONDITIONS
|
1.
DEFINITIONS AND LAW The complete
contract is the document or documents that set out these terms and
conditions and all other details relevant to a particular agreement and
is hereinafter referred to as the "contract". The Hired
items(s) are those stated in the relevant contract and are hereinafter
referred to as the "equipment". The "Hirer" is the person, firm,
company, corporation or public authority taking the suppliers Equipment
on hire. The parties to the Contract are the Supplier of the Equipment
and the Hirer named in the Contract. This contract
shall be governed by and construed in accordance with the law of
England. 2. BASIS OF
CHARGING The Hirer will
pay the hire charge stated in the Contract. Hire charges will commence
from the time stated in the Contract and will continue during the
period of hire until the Equipment is restored to the Supplier in a
clean and serviceable condition against the Suppliers receipt. All time
is chargeable, including Saturdays, Sunday, Bank Holidays etc. All
charges are payable on demand. If payment is not made on due date the
Supplier shall be entitled to increase the amount that is overdue at
the contemporary base rate of the National Westminster Bank PLC plus 4%
calculated on a day to day basis. This shall be without prejudice to
any other rights or remedies of the supplier. Any legal charges
incurred in the recovery of money or Equipment will be paid by the
Hirer. 3. CARRIAGE
CHARGES At the
discretion of the Hollowsphere. This shall be discussed with the hirer
prior to commencement of contract. 4. EXTENT
OF CONTRACT The contract
will come into being between the Hirer and the Supplier when the Hirer
has placed an order, detailing his requirements and agreeing to be
bound by these Conditions, and the supplier has accepted the order. 5.
RESPONSIBILITY OF THE HIRER AND PERSON SIGNING The person
signing the Contract warrants that he has authority of the Hirer to
make this Contract on the Hirers behalf and agrees to indemnify the
Supplier against all losses and costs that may be incurred by the
Supplier if this is not so. The said person hereby acknowledges that he
has been instructed in the safe and proper operation of the Equipment.
The said person and Hirer jointly and severally hereby undertake to
ensure that no-one uses the equipment who is not properly instructed
and to ensure that every user is in possession of instructional (if
any) material supplied by the Supplier and shall not allow the
equipment to be misused. 6.
RESPONSIBILITY OF HIRER OR HIS AGENT
i.
The
Hirer or his agent shall be responsible for the loading and loading of
the Equipment at the address specified by the Hirer, and likewise at
the Suppliers premise when transported by the Hirer, or his agent, and
any person supplied by the Hirer shall be deemed to be an employee of
the Hirer or his agent at such times.
ii.
The
Hirer’s responsibility for the Equipment commences on the receipt of
the Equipment by the Hirer or his agent or on delivery as requested and
ends when the Hirer is in possession of the Suppliers unqualified
receipt for all the Equipment. The Hirer will not sell or otherwise
part control of the Equipment.
iii.
The
Hirer shall at all times and in all respects indemnify the Supplier
against and from, any and every expense, liability, financial loss,
claim or proceedings whatsoever in respect of any personal injury
whatsoever (including but without prejudice to the generality of the
foregoing, injury to the Hirer and injury to any servants, employee or
agent of the Hirer) and in respect of damage to or loss of any property
whatsoever (including the Equipment indemnity as determined by
condition 13) arising out of or in connection with or consequent upon
hire, delivery, use, misuse, non-use, repossession, collection, return
or non-return of the Equipment or any thereof. This sub clause shall
not apply in case of a person dealing as a consumer as defined by the
Unfair Contracts Terms Act 1977 where the expense, liability, financial
loss or claim or proceeding or damage or loss of any property aforesaid
result from the breach of contract or the negligence of the Supplier.
iv.
You
may not use the Goods illegally or otherwise contrary to law or for
purposes for which they were not intended. 7.
ELECTRICAL EQUIPMENT It will be the
Hirers responsibility at all times to arrange a suitable supply of
electricity for use with the Equipment. Under no circumstances should
electrical Equipment be used without it being correctly earthed. 8.
MAINTENANCE OF EQUIPMENT AND BREAKDOWN PROCEDURES The Hirer
shall keep himself acquainted with the state and condition of the
Equipment and ensure that it remains safe, serviceable and clean. Any
breakdown or any unsatisfactory working of the Equipment must be
immediately notified to the Supplier. Under no circumstances shall the
Hirer repair or attempt to repair the Equipment unless authorised by
the supplier. Such equipment must be returned to the Supplier’s
premises for examination or when rectification elsewhere is requested,
the Hirer agrees to pay carriage if required by the Supplier. 9. REMOVAL
OF EQUIPMENT Equipment must
not be removed from the site specified by the Hirer when the Equipment
was collected, without the authority of the Supplier or from any
subsequently authorised sites, or from the address to which the
Supplier delivered the Equipment. 10.
CONSEQUENTIAL LOSSES The Supplier
shall not be liable for any consequential losses to the Hirer including
any expense, liability, loss, claim or proceeding, whatsoever caused
by, or arising out of, the late delivery, non-delivery, unsuitability,
or lawful repossession of the Equipment, or any part thereof or any
breakdown or stoppage of same. Nothing in this clause shall affect the
statutory rights of the person dealing as a consumer as defined by the
Unfair Contracts Terms Act 1977. 11.
INDEMNITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT The Hirer
agrees either to insure the Equipment against loss, theft or damage
beyond economic repair on a "new for old" basis or alternatively
indemnify the Supplier in a similar amount. All monies received by the
Hirer from an insurance company or from any other source in settlement
of such claims shall be held in trust by the Hirer and paid to the
Supplier on demand. The Hirer shall not compromise any claim without
the express consent of the Supplier. 12.
NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
i.
The
Hirer accepts full responsibility for the care, safekeeping and return
in good order of the Equipment.
ii.
The
Hirer will pay to the Supplier all costs incurred by the supplier in
rectifying the condition of any Equipment returned damaged or unclean.
Additionally, the Hirer will pay to the Supplier a charge equating to
the financial loss to the Supplier until such rectification is complete.
iii.
In
case of Equipment which is lost or stolen or damaged beyond economical
repair the Hirer shall in all cases meet the Hirers obligation under
Condition 12. Additionally, in any case where the loss, theft or damage
aforesaid results from any breach of contract or negligence on the part
of the Hirer, the Hirer accepts liability to pay for all financial loss
to the Supplier until the indemnity referred to in Condition 13 is
paid. The Hirers liability under this Condition shall be without
prejudice to any other rights of the Supplier. 13.
DETERMINATION OF HIRE The Supplier
shall be entitled at any time if the Hirer is in breach of this
Contract to terminate this Contract (such termination to be effective
immediately) and to repossess the Equipment or any part thereof. 14. RIGHTS
OF ACCESS The Hirer
hereby authorises the Supplier (upon production of this document) to
enter upon any premises wherein the Supplier reasonably believes any
Equipment, or part thereof to be, and if, and in so far as, the
Supplier in his absolute discretion deems necessary, to inspect, test,
repair, replace or repossess the same. 15. RIGHTS
RESERVED Any failure by
the Supplier to enforce any or all of these conditions shall not be
construed as a waiver of any of the Supplier’s rights hereunder. 16.
SEPARATE TERM VALIDITY Should any
term in this Contract be held to be invalid such invalidation will not
affect the validity of the remaining terms. 17. TERM OF
CONTRACT These
conditions have effect in substitution for, and to the exclusion of,
any conditions put forward by the Hirer. |