- Definitions and Law
- General Terms & Conditions
- Dry Hire and Assisted Dry Hire Terms & Conditions
- Conditions Applicable to All
3 DRY HIRE AND ASSITED DRY HIRE TERMS & CONDITIONS
| 3.1 | Quotations, Orders and Order Confirmations |
| 3.1.1 | Quotations issued by the company are valid and open for acceptance within 30 days from the date of issue, unless stated otherwise in the quotation. |
| 3.1.2 | The customer may place orders for the full services as detailed in the quotation, or any specific parts of the quotation. |
| 3.1.3 | When the customer places multiple orders for parts of the company’s quotation at different times these will be treated independently for the equipment and services as ordered. |
| 3.1.4 | Orders issued by the customer shall only bind the company and the customer when confirmed in writing by the company. |
| 3.1.5 | The company will provide a hire contract in writing confirming the order to the customer as placed by the customer for either the full equipment and services as per the quotation, or detailing the specific elements of the equipment and services ordered from within the quotation. Where there are one or more partial orders from a quotation the hire contract will be updated after each order to detail all of the equipment and services ordered up to and including the most recent order. |
| 3.2 | Hire Period |
| 3.2.1 | The hiring period commences on the date and time as specified in the order confirmation and hire contract. |
| 3.2.2 | The hire period terminates on the date and time as specified in the order confirmation and hire contract. |
| 3.2.3 | All equipment remains the sole property of the company for the duration of the hire period and must be surrendered to a representative from the company upon request. |
| 3.3 | Charges |
| 3.3.1 | Hire charges commence from the date stated in the contract and are payable for the period of hire. |
| 3.3.2 | Equipment must be returned by the date and time specified in the Contract in a clean serviceable condition and the Customer must obtain the suppliers receipt. |
| 3.3.3 | Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for use by other customers. |
| 3.3.4 | All cables must be returned coiled and taped and in default a charge of £2 per cable will be made. |
| 3.3.5 | The company may provide spare lamps and fuses with equipment and in default their full replacement cost will be charged. |
| 3.3.6 | Where keys are supplied with equipment failure to return will result in a charge of £10 per key. |
| 3.3.7 | All charges are payable on demand. |
| 3.4 | Power to Enter this Contract |
| 3.4.1 | Verbal instruction or written confirmation of acceptance of a quotation shall constitute the forming of a contract. |
| 3.4.2 | The individual warrants that they are duly authorised on the customer’s behalf to enter into the contract and personally indemnifies the company against all losses and costs that may be incurred by the company if this is not the case. |
| 3.4.3 | Where the customer has not been granted account facilities, one form of pictorial ID will be required prior to commencement of the hire. The company will only accept a valid driving license or valid passport, which may be retained by the company for the duration of the hire period. |
| 3.4.4 | Where the customer has not been granted account facilities, a recent utility bill will be required to confirm the name and address as provided on the pictorial ID required. |
| 3.5 | Customers Responsibilities |
| 3.5.1 | The customer’s responsibility for the equipment commences on receipt of the equipment by the customer or his/her agent or on delivery and ends when the equipment is returned to the company’s physical possession |
| 3.5.2 | The customer shall not at any time sell dispose or otherwise part with control of the equipment to any third party or attempt to do so. |
| 3.5.3 | The signatory to the hire contract and the customer jointly and severally undertake with the company that everyone who uses the equipment has been properly instructed in it’s safe and proper operation and will ensure that every user is in the possession of necessary instructional material and further will not allow the equipment to be misused. |
| 3.5.4 | The customer will at all times fully indemnify the company against any expense liability financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return, or non-return of the equipment. |
| 3.5.5 | Nothing in this clause shall affect the statutory rights of the customers or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977. |
| 3.5.6 | The customer shall be responsible for obtaining all necessary licences and other permissions whatsoever for the performance of the contract. |
| 3.6 | Electrical Equipment |
| 3.6.1 | Any electrical equipment should be used with plugs and/or sockets as fitted. |
| 3.6.2 | The customer must not at any time whatsoever remove any plug, socket, connector, coupler or device from any cable without written authorisation from the company. Any plug, socket, connector, coupler or device found to be missing or damaged will be replaced with all costs at the expense of the customer. Any plug, socket, connector, coupler or device found to be incorrectly refitted by the customer will be replaced and/or refitted by the Company at the expense of the customer. |
| 3.6.3 | The customer is responsible at all times for ensuring that the power supply to which an item of equipment is connected is suitable for that equipment and furthermore ensure that the equipment shall at all times be properly earthed. |
| 3.6.4 | No cable shall be deliberately cut for any reason or purpose whatsoever. Tails will be supplied to enable connections to distribution boards on request. |
| 3.6.5 | The customer will be responsible for any damage caused to any plug, socket, coupler, connector, cable, device or equipment caused by connection to an unsuitable power supply, misconnection to any power supply or overloading. The Company will not be responsible for any damage caused to any power supply, generator, distribution board or other items of equipment caused by the neglect or inexperience of the customer. |
| 3.7 | Equipment Maintainence and Reporting |
| 3.7.1 | The customer shall ensure that equipment remains serviceable and clean during the hire period. |
| 3.7.2 | All items are despatched tested and believed to be in full working order. Any breakdown or unsatisfactory working of equipment shall be immediately notified to the company. |
| 3.7.3 | The customer shall under no circumstances attempt to repair the equipment without prior authorisation from the company. |
| 3.7.4 | Any damaged or unsatisfactory equipment must be returned to the company’s premises for examination at the Customer’s expense. |
| 3.7.5 | If the Equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person the customer shall notify the company immediately. |
| 3.7.6 | Equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of the company. |
| 3.8 | Compatibility of Equipment |
| 3.8.1 | The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer. |
| 3.8.2 | The customer shall be responsible for ensuring that any equipment is suitable for their purposes. |
| 3.9 | Condition of Returned Equipment |
| 3.9.1 | The customer is fully responsible for care, safe keeping and return in good order of the equipment. |
| 3.9.2 | The customer will reimburse all costs incurred by the company in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification. |
| 3.9.2.1 | All tears, burns, cuts or rips made to drapes and stage drapes will not be repaired by the company. The customer will reimburse the full retail cost of any drapes or stage drapes returned in any of these conditions. |
| 3.10 | Insurance |
| 3.10.1 | The customer shall assume complete responsibility and be liable for loss of or damage to the equipment (excluding fair wear and tear and loss or damage to the equipment arising from a mechanical failure due to a fault within the equipment itself) from the time that the customer takes receipt of the equipment to the time that the equipment is collected by the company or transported or returned by the customer to the company’s premises and returned to the physical possession of the company. Any unattended Equipment must be kept in a secure environment. |
| 3.10.2 | The customer agrees to pay the company the full replacement value of any equipment lost, stolen or damaged (without deduction for usage wear tear or age). |
| 3.10.3 | The customer shall insure the equipment in full against the above liability. |
| 3.10.4 | All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to the company on demand to the extent that any such payment is due under this clause. |
| 3.10.5 | The customer shall not compromise or settle any claim without the express consent of the company. |
| 3.10.6 | In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge equivalent to the full daily hire charge together with any consequential loss until the equipment is replaced. |
| 3.10.7 | For all dry hires and assisted dry hires the company will request a copy of the customer’s hired-in insurance cover note for evidence of insurance cover arrangements prior to being able to accept an order. |
