Business Terms and Conditions - Tony James Discos

Business Terms and Conditions

Terms & Conditions Of Business

1. Definitions

a) The Company T & T SOUNDS & LIGHT HIRE & SALES letting the equipment on hire is hereinafter referred to as the “Owner” and this expression includes its successors.

b) The “Hirer” is the company, form or person taking the Owner’s 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 Hire Contract and subject to the provisions of these Terms and Conditions of Hire.

2. Acceptance

a) The Hirers order, whether oral or in writing for the supply of Equipment shall be construed as an expressed acceptance of these Terms and 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 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 and in particular its suitability for any particular purpose or for work in any particular place and that in entering into this contract the Hirer does not rely upon any such representation and has satisfied himself independently on such matters; and accordingly the Hirer shall seek no relief of any such representation and in particular shall bring no proceedings for misrepresentation whether under the Misrepresentation Act 1967 or otherwise.

3. Commencement of Hire

Subject to the other provisions of the hire contract, the owner shall supply the equipment on the collection, delivery or installation date. The period of hire shall start on such collection, delivery or installation. Hire charges shall commence on collection, delivery or installation unless otherwise stated on the hire contract. Responsibility for loss or damage to the equipment is accepted by the hirer from the time the equipment is collected or installed until its return to the owner.

4. Hirer’s Liability for Loss or Damage

a) The Hirer accepts full responsibility to the owner for the 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 safe keeping 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 and shall fully and completely indemnify the owner against all third party claims and losses however arising 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 the 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.

5. Owners’ Obligation

a) The Owner shall ensure that at the commencement of the Hire the Equipment shall be of sound construction and in good working order and in good condition.

b) Equipment using electric lamps will be tested and working and the Owner cannot be held responsibility for lamp failure (it is suggested the Hirer purchase spare lamps which can be refunded after the Hire period if unused).

6. Insurance

The hirer shall at the hirer’s expense fully insure with a reputable insurance company.

a) The equipment as described on the hire contract for the value shown against loss or damage or destruction however arising.

b) In respect of all the hirer’s liability (or responsibility and indemnity to) the Owner.

c) In respect of the hirer’s liability to third parties relating to the equipment or its use.

7. Payment

Payment must be made prior to collection or delivery of the equipment, unless a credit account facility with the owner has been arranged. Long Term Hire (minimum one month)

a) The Hirer must make payment in full each month of the hire period no longer than 30 days after the month’s invoice.

b) The Owner will be responsible for the first year’s warranty work, as long as the Hirer has kept the equipment in good condition.

c) The Hirer will be responsible for repair work if the fault is found to be due to his neglect of the equipment.

8. Sub Letting

The Hirer shall not without consent of the owner, assign, sublet, mortgage, charge, pledge, part with possession of or otherwise deal with the equipment.

9. General

a) It is advised that the Hirers should check the compatibility of their  own items hired from the Owner. The Owner accepts no responsibility for equipment that does not work in conjunction with that of the Hirer.

b) The Hirer will allow T & T Sound & Light Hire & Sales access to their premises for the removal of hired equipment should they go into receivership in whatever form, or in the late payment of hire invoices.