Terms and Conditions of Hire

In this document the following words shall have the following meanings:

(The Supplier) means the company, firm or person hiring out the equipment (The Site) means the premises or site specified by the hirer where the equipment is to be used. (The Hirer) means the company, firm or person who hires the equipment from the Supplier. (The Equipment) means headphones, transmitters and any other items provided by the owner

GENERAL
a. These Terms and Conditions shall apply to all contracts for the hire of the Equipment by the Supplier to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Owner in Writing.
b. Any variation to the Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. By accepting the equipment the hirer is agreeing to these terms and conditions unless otherwise agreed in writing. All equipment is hired on the basis of pre payment.
c. Equipment may be hired for the contracted duration only, any unauthorised extension is strictly prohibited. Losses and breakages will be charged at £15 per Headset, up to 10% of the total number of headsets hired and £30 after the 10% mark is breached, £99 per transmitter, and £10 for all audio cables and power supplies. An Invoice will be produced within 7 days of the equipment being returned, this invoice must be paid in full within 7 days. The Hirer shall be responsible for insuring the equipment against loss, fire or theft.

COMMENCEMENT
The period of hire shall begin from the time that the equipment leaves the supplier’s premises and or other agreed location and shall continue until returned to the supplier’s premises or agreed location or termination of hire is confirmed in writing if the supplier is to collect.

HIRER’S OBLIGATIONS
The Hirer must:
a. Complete payment immediately to allow for dispatch on proposed date.
b. Use the equipment in a skilful and proper manner and not use the equipment for any purpose beyond its capacity
c. Regularly check the condition of the equipment during the period of hire. The Hirer shall be responsible for any damage or loss arising from the continued use of equipment in an unsafe condition
d. During the period of hire ensure the security and safekeeping of the equipment
e. Allow the owner access to inspect, repair or replace the equipment upon reasonable notice at any time
f. Immediately inform the owner of any breakdown of the equipment or any problem affecting the working of the equipment
g. Not attempt to repair the equipment without the prior written consent of the owner
h. Read any relevant operating and safety instructions supplied with the equipment and only use the equipment or fit any accessories in accordance with those instructions
i. Unless otherwise agreed in writing with the supplier, keep the equipment in its possession at the site
j. Return the equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear accepted. Equipment damaged or not returned will be charged at £15 per headset up to 10% of total number of headsets hired and £30 after the 10% mark is breached and £99 per transmitter. Hire fees will continue to be charged pro rata, if this balance is not paid within the 7 day period after invoicing
k. Not sell or offer for sale, assign, pledge, re-hire or lend the equipment to any third party
l. Comply with any relevant Government or Local Authority Regulations

DELIVERY AND RETURN OF EQUIPMENT
a. Delivery will be estimated as two days prior to the rental date and confirmed via text or email communication from the courier company on the day of delivery. No choice of delivery date is available at the time of booking.
b. The Hirer is responsible for overseeing the delivery and a signature may be required by the courier. In the event that a delivery is missed the supplier will make every effort to ensure re-delivery with any additional cost payable by the hirer. However, should re -delivery not be possible the Hirer is still liable for all fees.
c. Upon delivery of the equipment, any defects or dissatisfaction must be notified immediately to the owner via email ([email protected]). In the absence of such notification the equipment shall be deemed to be in good order in accordance with the terms of the contract and to the hirer’s satisfaction.
d. The supplier will arrange for return collection on the first working day (Mon-Fri) after the event’s conclusion unless otherwise agreed in writing. Collection time cannot be guaranteed but is scheduled between the hours of 8am and 6pm. If this collection is missed the Hirer must contact the owner immediately. A missed collection fee of £30 will be applied and a collection will automatically be arranged for the following day. The hirer must ensure that the equipment is properly and safely repackaged. All boxes must be closed and locked with the zip ties provided.
e. If the return pickup is not met or the equipment is not returned in full (excluding accounted losses), the hirer will incur a charge of up to a full day’s hire for each day the equipment is not returned to the supplier.

BREAKDOWN AND REPAIRS
a. Where the breakdown of the equipment is caused by fair wear and tear or by an unforeseen fault, the supplier will do everything feasibly possible to provide alternative equipment. Where no alternative equipment is available the supplier may terminate the contract immediately.
b. Where the breakdown of equipment is caused by negligence or misuse by the hirer, the hirer shall be responsible for all loss or damage incurred by the supplier arising from any breakdown and for the payment of the hire charges during the period the equipment is inoperable due to such breakdown.

LIABILITY
a. The supplier shall not be liable to the hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. The Supplier shall not be liable for any loss or damage arising from any cause beyond its reasonable control.
b. The Liability of the supplier with respect to any claims arising out of hire shall be limited to the replacement of the equipment with similar equipment or at the suppliers option termination of this contract and restitution of the amount of any charges paid with respect to any period for which the equipment was inoperable.

INDEMNITY
The Hirer undertakes that it will indemnify and hold harmless the supplier against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent use or breach of use by the Hirer and its clients, of the equipment and terms of this agreement.

TERMINATION
a. Where there is no fixed period of hire, the period of hire may be terminated by either party giving to the other 7 days notice in writing and the hirer’s obligations under this agreement shall continue until it is returned to the supplier
b. If the Hirer defaults in the prompt payment of any sum due under this agreement or is in breech of any terms and conditions of this agreement, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, the supplier shall be entitled to terminate the hire immediately by notice in writing to the hirer and it shall thereupon be lawful for the supplier to retake possession of the equipment.
c. It will be for that purpose to enter into or upon any premises where the same may be and the termination of the hire under this clause shall not affect the right of the supplier to recover from the hirer any monies due to the supplier under this agreement or damages for breach thereof.

CANCELLATION FEE
The fee paid by the client (in full or in part) is non-refundable once paid.

SEVERANCE
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provisions shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW
The contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and constructed in accordance with, the law of England & Wales. The parties irrevocably agree that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract or its subject matter.