Hire – Terms and Conditions
1. Definitions and Interpretation
1.1 The OWNER is RG Jones Sound Engineering Limited which is the company letting the Equipment on hire and includes its successors, assigns or personal representatives
1.2 The HIRER is the Company, firm, person, Corporation, or public authority, taking the Owner’s equipment on Hire and includes the Hirer’s successors or personal representatives.
1.3 EQUIPMENT covers all classes of equipment including instruction data and accessories which the Owner agrees to hire to the Hirer.
1.4 A CHARGEABLE DAY shall be the period of 24 hours from 09.00 hrs on any day during which the Equipment or any part thereof is hired to the Hirer by the Owner under the Hire Contract.
1.5 WORKING DAY means any day other than a Saturday, Sunday, Christmas Day, Good Friday, and any statutory Bank Holidays.
1.6 HIRE CONTRACT means any contract made subject to these conditions.
1.7 SITE means the place of business or premises to which the equipment is delivered by the Owner to the Hirer, or such other place as maybe mutually agreed between the Owner and the Hirer as the place at which the Equipment is to be used.
1.8 WRITING includes electronic communication, letter or facsmile.
1.9 HIRE CHARGES means the daily rental charge paid by the Hirer to the Owner for the hire of the equipment.
1.10 OPERATOR means an engineer, technician, or driver the services of whom are supplied by the Owner to the Hirer under the hire contract.
1.11 The headings in these Conditions are for convenience only and shall not affect their interpretation
2. Extent of Contract
2.1 No conditions other than specifically set forth in the Offer and Acceptance and herein, shall be deemed to be incorporated in, nor form part of the Hire Contract.
3. Delivery in Good Order and Maintenance
3.1 Any inspection report required under any relevant legislation or a copy thereof, shall be supplied by the Owner if required by the Hirer and returned on completion of hire.
4. Hirer’s Obligations
4.1 The Hirer shall when hiring the Equipment without an Operator take all reasonable steps to keep himself acquainted with the state and condition of the Equipment. If the Equipment is used in an unsafe state the Hirer shall be solely responsible for any damage, loss or accidents arising (whether directly or indirectly) therefrom.
4.2 The Hirer shall at all reasonable times allow the Owner, his Agents, or his Insurers, to have access to the Equipment to inspect, test, adjust, repair, or replace the same. So far as reasonably possible such work shall be carried out at times to suit the convenience of the Hirer.
4.3 The Hirer shall take all reasonable care of and be responsible to ensure a suitable environment for the Equipment. The Hirer shall be responsible for all costs involved in recovering the Equipment from soft ground.
4.4 The Hirer shall not re-hire, sublet or loan the Equipment to any third party without the written permission of the Owner and in the event of that permission being given, only on such terms as the Owner deems fit.
4.5 The Hirer shall not move the Equipment from the Site without the permission of the Owner and in the event of that permission being given only on such terms as the Owner deems fit.
4.6 The Hirer shall not remove, deface, or cover up, the Owner’s name plate nor mark on the Equipment indicating that it is his property.
4.7 Where it is agreed that an Operator is to be supplied by the Owner with the Equipment the Hirer shall provide reasonable access to the site for installation, removal and testing the equipment. If such access is not provided by the Hirer for any reason whatsoever, then the Hirer will be responsible to the Owner for all costs incurred by the Owner resulting from such lack of access.
4.8 If the equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s office and in respect of any claim not within the Hirer’s agreement for indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing.
5. Owner’s Obligations
5.1 The Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising through any cause whatsoever in connection with this hire contract. 5.1.1 No liability shall attach to the Owner either in contract or in tort for loss (including loss of profits) injury or damage sustained by reason of any defect in the goods whether such defect be latent or apparent on examination.
6. Breakdown Repairs and Adjustment
6.1 Any breakdown or unsatisfactory working of any part of the Equipment shall be notified immediately to the Owner by the Hirer in Writing. Any claim for breakdown time will only be considered from the time and date of receipt of such notification.
6.2 The Hirer shall not repair the Equipment without the authority of the Owner in Writing. Allowance for the reasonable cost of repairs shall only be made by the Owner to the Hirer when repairs have been so authorised.
6.3 If during the hire period, the Owner decides that urgent repairs to the Equipment are necessary he may arrange for such repairs to be carried out on site or at any location of his nomination. In that event the Owner shall replace the Equipment with similar Equipment if available, the Owner paying all transport charges involved. In the event of the Owner being unable to replace the Equipment he shall be entitled to determine the Hire Contract forthwith by giving notice in writing to the Hirer and refund the Hirer on a pro rata basis.
6.4 Each item of equipment specified in the Hire Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles
(whether the property of the Owner or otherwise) through any cause whatsoever shall not entitle the Hirer to compensate or allowance for the loss of working time by any other unit or units of equipment working in conjunction herewith, provided that where two or more items of equipment are hired together as a unit such item shall be deemed a unit for the purpose of breakdown.
7. Basis of Charging
7.1 Equipment shall be hired out at per Chargeable Day, or such other period as may be mutually agreed between the Owner and the Hirer.
7.2 Equipment shall be returned no later than 10.30 am of the day after the final Chargeable Day. If the Hirer shall not return the Equipment of any part thereof by such date and time, he shall pay Hire Charges at the full daily rate for each day or part of day until the return of such Equipment or part thereof.
7.3 If the Hirer wishes to retain the Equipment for an extended or further period of hire, prior permission must be obtained from the Owner.
7.4 Any item of equipment lost or stolen or damaged will be charged to the Hirer at replacement cost together with any other costs and losses necessarily incurred by the Owner due to the non-return of such items.
7.5 The Hirer shall pay to the Owner VAT at the rate or rates from time to time in force on all sums due from the Hirer to the owner under the Hire Contract.
8. Payment
8.1 Where the owner has opened a credit account for the Hirer all Hire Charges are to be paid within 30 days of date of invoice to the Hirer unless other terms and conditions have been agreed in writing by the Owner.
8.2 The Hirer shall pay to the Owner interest on any sums owed to the Owner under these conditions and not paid on the due date at the higher of 1% over HSBC Bank base rate from time to time in force.
8.3 All sums payable to the Owner under the Hire contract shall be paid to it at RG Jones Sound Engineering Limited via bank transfer.
8.4 The Owner may require the Hirer to leave in advance of the hire period, a holding deposit which will be returned upon confirmation that the Equipment has been received back in good order. Any monies due for loss, damage or late return may be deducted from the deposit without prejudice to any additional sums which may be due for loss, damage, or late return
8.5 In the event of any order cancellation, the Owner shall have the right to make a cancellation charge at 50% of the total cost.
9. Commencement and Termination of Hire
9.1 The Hire period shall commence when the Equipment is delivered to the Hirer on site and when it is collected from site.
10. Termination of Contract
10.1 If the period of Hire is indeterminate or having been defined becomes indeterminate, the Hire Contract shall be determinable by seven days’ notice in Writing given by either party to the other (except in cases where the Equipment has been lost or damaged) in the event of the Hirer desiring to terminate the Hire Contract and failing to give such notice Hire charges for the period of seven days’ notice, shall be chargeable.
11. Ownership
11.1 The Equipment shall at all times remain the property of the Owner and the Hirer shall have no rights to the Equipment other than as Hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Equipment are or may be prejudicially affected.
12. Termination
12.1 If the Hirer shall fail to pay any sum payable under these conditions (or any other agreement between the Owner and subsidiary of the Owner or any Holding company of the Owner or any other subsidiary of any such Holding Company and the Hirer) within 7 days of its becoming due (whether demanded or not) or shall commit a breach of any of the other terms and conditions whether expressed or implied of these conditions (or of the terms and conditions of any such agreement as aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the Equipment or any part thereof, then in each and every case the Hirer shall be deemed to have repudiated the Hire Contract and the Owner may thereupon or at any time within 3 months thereafter by notice in Writing to the Hirer for all purposes forthwith terminate the Hire Contract.
12.2 All undisputed arrears of Hire charges then due at the date of termination together with interest thereon payable under condition 8.2
13. Force Majeure
13.1 Although the Owner will use all reasonable endeavours to discharge its obligations under these conditions in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond his control.