Terms & Conditions
Terms & Conditions Of Hire.
1. Definitions:-
a. Daniel Paine, 8 The Spinney, Hook, Hants, RG27 9DE trading as “Spin Audio” letting the equipment on hire is hereinafter referred to as the “owner” and this expression includes its successors.
b. The “hirer” is the company, firm or person taking the owners equipment on hire and this expression includes his successors or personal representatives
c. “Equipment” shall include any lighting, sound or special effect or part thereof and any attachments, leads or any other thing under this contract.
d. “Hire rate”- shall be the rate of hire for the equipment as provided on the invoice /agreement & subject to the provisions of these terms & conditions of hire.
2. Acceptance:-
a. The hirer's order, whether oral or in writing for the supply of equipment shall be construed as an expressed acceptance of these terms & conditions of hire, and in so far as any provision of the hirer's said order be inconsistent therewith these terms and conditions of hire shall be deemed to prevail.
b. Any variations in the contract shall be in writing.
c. The hirer warrants to the owner that no representations have been made to him concerning the equipment & in particular its suitability for any particular purpose or for work in any particular place & that in entering into this contract the hirer does not rely upon any such representation & has satisfied himself independently upon all such matters; and accordingly the hirer shall seek no relief in respect of any such representation & in particular shall bring no proceedings for misrepresentation whether under the misrepresentation act 1967 or otherwise.
3. Commencement of hire:-
a. Subject to the provisions of the of the invoice/ agreement, the owner shall supply the equipment on the collection date. The period of hire shall start on such collection. Hire charges shall commence on collection unless otherwise stated on the invoice/ agreement.
b. Responsibility for loss or damage to the equipment is accepted by the hirer from the time the equipment is collected until its return to the owner & the owner has subsequently fully inspected said equipment to his satisfaction.
4. These terms & conditions do not effect the hirers statutory rights.
5. Hirers liability or loss or damage:-
a. The hirer accepts full responsibility to the owner for loss or damage to or destruction of the equipment suffered during the period of hire from whatever cause the same may arise and is fully responsible to the owner for the safekeeping of the equipment and its return in equal order to the owner at the end of the hire.
b. The hirer accepts all liability and responsibility in respect of and shall completely indemnify the owner against all third party claims & losses howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by or relating to the equipment or its use.
c. The owner shall not be liable to the hirer in respect of any damage to or loss or destruction of the property of the hirer nor in respect of the personal injury or death of the hirer or his employees or contractors or other persons in any way caused by or relating to the equipment or its use howsoever such damage, loss, destruction, injury or death shall be caused.
6. Owners obligation:-
a. The owner shall ensure that at the commencement of the hire the equipment shall be of sound construction & in good working order.
7. Insurance:-
a. The hirer will fully insure with a reputable insurance company
i. The equipment as described in the invoice / agreement / delivery note for the full new replacement value against loss or damage or destruction howsoever arising.
ii. In respect of all the hirers liability (or responsibility & indemnity) to the owner.
iii. In respect of the hirers liability to third parties relating to the equipment or its use.
It is suggested:-
That goods being stored in a vehicle or building fitted with alarms, the alarms must be set.
Goods must not be on display when stored in a vehicle (for example the goods must be stored in the boot of a car.)
8. Payment:-
a. The hirer shall pay the owner forthwith for all repairs & replacements to the equipment, except for repairs & replacements due to wear & tear.
9. Subletting:-
a. The hirer shall not without consent of the owner assign, sublet, mortgage, charge, pledge part with possession of or otherwise deal with the equipment.
10. The hirer shall not have any criminal conviction relating to dishonesty in the previous five years.
11. General:-
a. It is advised that hirers should check the compatibility of their own items to ones hired from the owner. The owner accepts no responsibility for equipment that does not work in conjunction with that of the hirer.
b. One day hire is classed as a 24hr period maximum. Any hire period over this time will incur the daily or weekly hire charge (which ever is appropriate).
c. The owner is not responsible for consequential loss, no matter how caused.
If any part of these terms are found to be illegal or invalid under this country’s laws, the remaining parts will remain valid and in full force.
Daniel Paine, 8 The Spinney, Hook, Hants, RG27 9DE trading as “Spin Audio”