1.1. "the Equipment" shall mean goods, components and other items hired or sold by the Company or any part thereof
1.2. "the Customer" is the person, firm, corporate or public body hiring or purchasing the equipment. Any person purporting to act on behalf of the customer shall be bound by the Contract
1.3. "Consequential loss" shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.4. "Interest" shall mean interest calculated in accordance with Clause 4
1.5. The Contract shall be interpreted and applied in accordance with English Law
2.1. Charges
2.1.1. Hire charges commence from the date stated in the Contract and are payable for the period of hire
2.1.2. Equipment must be returned by 12 noon on the date specified in the contract in a clean and serviceable condition and the customer must obtain the supplier's receipt
2.1.3. 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
2.1.4. All cables must be returned coiled and taped and in default a fair and reasonable charge will be made
2.1.5. The Company provides spare lamps and fuses with equipment where appropriate. These and any lamps and fuses they replace must be returned with the equipment and in default their full replacement cost will be charged
2.1.6. All charges are payable on demand
2.2.1. The hiring period commences at 12 noon on the date specified in the contract and continues for the period specified in the contract and terminates at 12 noon on the last day of the hiring period.
2.3.1. The signatory to the contract warrants that they are duly authorised on the customer's behalf to enter into the contract and hereby personally indemnifies the Company against all losses and costs that may be incurred by the Company if this is not the case
2.4.1. The customer's responsibility for the equipment commences on receipt of the equipment by the customer or his Agent or on delivery and ends when the customer is in possession of the Company's unqualified receipt for the return of all the equipment
2.4.2. The customer shall not at any time sell, dispose or otherwise part with control of the equipment or attempt to do so
2.4.3. The signatory to the contract and the customer jointly and severally undertake with the Company that everyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the equipment to be misused
2.4.4. 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
2.4.5. 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 or any statutory re-enactment thereof
2.5.1. Any electrical equipment should be used with plugs and/or sockets as fitted
2.5.2. If other plugs or sockets are to be fitted by the customer such work shall be carried out by a competent person who shall also reinstate the same to the original condition prior to re-delivery
2.5.3. The customer shall be responsible at all times to arrange proper supply of electricity for use with the equipment and ensure the equipment shall at all times be properly earthed
2.6.1. The customer shall ensure that the equipment remains serviceable and clean during the hire period
2.6.2. Any breakdown or unsatisfactory working of equipment shall be immediately notified to the Company
2.6.3. The customer shall under no circumstances attempt to repair the equipment without prior authorisation from the Company
2.6.4. Any damaged or unsatisfactory equipment must be returned to the Company's premises at the customer's cost
2.6.5. 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
2.6.6. Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without the consent of the Company
2.6.7. The Company may at any time or times during the term of the Contract inspect the equipment without prior notice
2.7.1. The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer
2.7.2. The customer shall be responsible for ensuring that any equipment is suitable for their purposes
2.8.1. The customer agrees to pay the Company the full replacement cost of any equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear, tear or age)
2.8.2. The customer shall insure the goods against the above liability
2.8.3. All monies received by the customer from any insurance company or third party in settlement of any claim stall 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
2.8.4. The customer shall not compromise or settle any claim without the express consent of the Company
2.8.5. In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced
2.9.1. The customer is fully responsible for care, safe keeping and return in good order of the equipment 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
The Company shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time:-
(a) The customer is in breach of these terms or
(b) The customer shall take any steps or if any act or proceeding is commenced in which the customer's solvency is in the reasonable view of the Company in doubt
Such termination shall not affect the right of the Company to recover from the customer any monies due under this contract, interest or consequential loss or damages for breach
2.10.2. The customer hereby authorises the Company to enter upon any property upon which the Company reasonably believes any equipment to be and the Company in their absolute discretion may recover and remove the equipment
2.11. The customer hereby authorises the Company (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the contract) to deduct any sums properly due to the Company arising under a breach of these terms from any credit card, debit card or charge account details of which are in the possession of the Company.