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Terms and Conditions of Hire
- General
The 'Comany' is J Hudson (Audiovisual Engineer) Ltd. Trading as
Audio Visual Services (avsglos)
The 'Hirer' is any person or company who hires or has agreed to hire Goods from the
Company. 'Goods' means goods provided by the Company in accordance with the Company's
standard Terms and Conditions of hire. These Terms and Conditions of Hire supersede any
previous Terms and Conditions. Any waiver by the Company of these Terms and Conditions of
Hire on any occasion shall merely act as a waiver on that occasion, and shall not affect
the Company's right to enforce any of these Terms and Conditions on any further occasion.
No terms and conditions stipulated by the Hirer shall have effect unless agreed in writing
from the Company.
- Acceptance of Conditions
The customer’s acceptance of equipment on hire implies acceptance of
our Conditions of Hire as given below.
- Retention of Title
All goods remain the absolute property of J.Hudson (Audiovisual Engineer)
Ltd. (Hereinafter called the Company), and the customer undertakes not to sell, offer to
sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the
equipment; nor allow any lien to be created on the equipment
- Application of Conditions
The Company shall not be bound by any conditions of business of the
Customer unless such conditions are expressly accepted by the Company by a statement made
in writing, and signed by an officer of the Company. Where there is any variance between
the Customers conditions and the Company’s conditions, then the Company’s
conditions shall prevail.
- Limit of Liability for Defect or Failure
The Company’s liability in respect of any defect or failure of the
equipment supplied on hire is limited only to making good such defect or failure by repair
or replacement of the equipment at the Company’s option.
- Insurance to Cover Loss or Damage
The Customer assumes complete responsibility for loss of or damage to the
hire equipment (Other than fair wear and tear) from the time the equipment leaves the
Company’s premises or transport, until it is returned to same. To this end, it is a
condition of hire that the customer will arrange insurance cover to provide for the risks
of; Theft, Fire, Accidental Damage, Personal Injury & Public Liability, and in
addition the Customer will indemnify the Company against any and all claims for the said
risks.
- Hire Charges - Period of Hire
The hire charge for the equipment commences from the time that the
equipment leaves the Company’s premises, and continues until the equipment is
returned to the Company.
- Hire Charges - Late or Incomplete Returns
In the event of the equipment not being returned to the Company on time at
the end of the hire period, unless by prior arrangement with the Company, then the hire
charge will continue to be levied at the DAILY RATE until such time as the equipment is
returned complete to the Company’s premises. (In the event of the goods being
returned incomplete, the company reserves the right to invoice the Customer for the
missing item(s) in full and to waive the additional hire charges.)
- Hire Charges - Lost, Theft or Damaged Equipment
In the event of loss or theft of the hire equipment the Company will
invoice the Customer in full for replacement of the equipment. In the event of damage to
the equipment, the company will, at its option, invoice the Customer in full for the
repairs to, or the replacement of the equipment.
- Operators - Qualification and Training
The Company, at the Customers request may provide operators. Where the
Customer provides the operator, then the Customer undertakes to ensure that the operator
used is suitably skilled in the operation of such equipment. If necessary we can provide
training at nominal charge upon request.
- Consumables and Spares
Where spare lamps are provided by the Company, they, or the dud lamp they
replaced, must be returned to the Company at the end of the hire period, otherwise they
will be charged in full to the Customer.
- Currency, VAT, Prices and Charges
All hire charges are shown in £’s sterling and are subject to VAT at
the current rate. We reserve the right at any time, to alter prices without notification.
Prices shown do not include delivery or installation charges etc., but these will be
quoted extra and carried out by arrangement.
- Equipment Identification
On no account may any serial number plates, manufacturer nameplates, or any
other identification marks, be removed, covered, or defaced.
- Non Account Customers
Non account Customers will be required to pay the hire charges in full
before the hiring commences (i.e. collection of the goods), will be required to provide an
official order or a refundable deposit (or at the Company’s option both), and shall
provide such proof of identity at the time of collection as the Company shall require.
- Account Customers
Account Customers payment terms are 30 days net.
- Overdue Accounts
The Company may at its option, in the case of outstanding debts which have
become overdue, refuse to supply further goods on hire until such time as outstanding
invoices are paid, for the purpose of this clause any remittance received will be applied
to the outstanding invoices in age order (oldest first). The Company may at its option
withdraw account facilities, where invoices are not paid within 30 days of date of
invoice.
- Cancellation
In the event of cancellation of a hire booking within 3 days of the first
day of hire, a charge of 50% of the hire charge will be levied. If cancellation is made
within 24 hours of the start of the period of hire then the hire rate will be charged in
full. If our engineers or delivery driver arrives on site to find the event canceled, then
the Customer shall pay the full hire charge including carriage.
- Ammendments of These Terms Of Hire
No amendments to these conditions of hire will be allowed or recognized
unless given in writing by the Company at the request of the Customer and duly signed by
an officer of the Company.
- Discounts
All discounts offered by the Company are for settlement by the date shown
upon the invoice. In the event of late settlement of the invoice any such discount will be
disallowed and if necessary an additional invoice will be raised to recharge the sum due.
- Overdue Invoices, Ammendment To Charges (Reversion to Daily Rate)
The Company may at its option, in the case of overdue invoices for
equipment on hire, revert all charges to the DAILY RATE.
- Errors and Descriptions
Every effort will be made by the Company to ensure accuracy of any technical data or
literature made available in relation to the Goods. The Company accepts no liability for
any damage or injury arising from any errors or omissions in such technical data to the
Hirer or any third party. No contract can be invalidated due to printing or clerical
errors. Any descriptions of Goods are for guidance only and shall not constitute the
contract 'safe by description'.
- Termination of Liability
The Company shall be relived of all liability for obligations incurred to the Hirer and
any other third party. Wherever, and to which the fulfillment of such obligation is
prevented, frustrated or impeded in consequence of any statue, rules, regulations, orders
or requisitions issued by any national or foreign government department, council or other
duly constituted authority or by reason of any strikes, breakdown of plant, accident,
civil commotion, war, force majeure or any other cause beyond the control of the Company.
Including but not limited to causes arising from acts omissions of the Hirer.
- Law
This contract shall be governed by English Law in the Courts of England.
~~~AVSJH~~~050482~~~
E. & O.E. All trademarks acknowledged.
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