TERMS & CONDITIONS OF HIRE
1.1 Definitions “AGREEMENT” means any written order between the SOUND ANALYSTS and the HIRER, which shall include these terms and conditions. SOUND ANALYSTS does not accept any verbal orders whether implied or otherwise. These terms and conditions exclude any terms and conditions presented to SOUND ANALYSTS by the HIRER at any time except as otherwise agreed between SOUND ANALYSTS and the HIRER in writing. “SOUND ANALYSTS” means All of Sound Analysts Ltd Affiliates, subcontractors, agents, and its and their employees, directors and/or officers. “EQUIPMENT” means any goods, components, parts, storage containers and any other item on hire from SOUND ANALYSTS.
“HIRER” means the person, firm, company, authority or body accepting or using the EQUIPMENT.
“HIRE FEE” means the amount notified to the HIRER by the SOUND ANALYSTS in compensation for the use of the hired EQUIPMENT.
2.0 Duration 2.1 The duration of the hire shall be that period described on the hire form or any other period as agreed between the parties. The period shall commence at such time that the EQUIPMENT is delivered or passed to the HIRER and shall be complete when the EQUIPMENT is safely back in a SOUND ANALYSTS defined store.
3.0 Delivery 3.1 Where it is a requirement that SOUND ANALYSTS delivers the EQUIPMENT to the address notified by the HIRER, SOUND ANALYSTS accepts no responsibility for any delays caused by non-arrival of hauliers, strikes, lock outs or any other circumstances beyond the reasonable control of SOUND ANALYSTS. For the avoidance of doubt SOUND ANALYSTS shall not become liable for any indirect or direct loss of business, profit, savings, wasted money, wages, fees, burdens, expenses or consequential losses due to delays.
3.2 In the event that the HIRER transport the EQUIPMENT which SOUND ANALYSTS will use all reasonable endeavours to make the EQUIPMENT available at the time requested but accepts no responsibility for any delays incurred.
4.0 Title & Risk 4.1 At all times title and ownership of the EQUIPMENT shall remain with SOUND ANALYSTS. Under no circumstances whatsoever shall title or ownership pass to the HIRER. 4.2 Risk of the EQUIPMENT on hire shall remain with the HIRER during the period of hire.
5.0 Insurance 5.1 It is a condition precedent that the HIRER shall insure the EQUIPMENT at its own expense during the hire period. The insurance policy shall include as a minimum, but shall not be limited to, damage or loss of the EQUIPMENT howsoever arising. 5.2 The HIRER shall notify its insurers that the equipment is on hire from SOUND ANALYSTS and shall ensure that the Hirers insurance COMPANY endorses the policy with such interest naming the SOUND ANALYSTS as payee 5.3 The HIRER shall not settle any claim made in respect of this agreement against its insurance policy without the express consent of SOUND ANALYSTS.
Liabilities 6.1 In no event shall SOUND ANALYSTS become liable to the HIRER; 1) for any losses, costs, damages suffered or incurred by the HIRER as result of failure to perform or breach by SOUND ANALYSTS of its obligations under this agreement including without limitation any direct or consequential loss or economic loss or damage, loss of profits, interest, business revenue or savings, loss of contract in either tort or statute and whether as a result of negligence or otherwise; 2) for any losses, costs or damages whatsoever under this agreement or otherwise where proceedings for such losses, costs or damages are begun 1 month or more after the occurrence of the breach giving rise to the claim or when the HIRER should have become aware of the facts constituting the cause of the actions; provided that the limitation in this subclause shall not apply in the case of a claim under subclause 6.3 below. 3)6.2 HIRER’s liability for breach of any of these provisions herein shall be limited to £1,000,000. 6.3 SOUND ANALYSTS accepts liability for death or personal injury, which is due to the sole negligence of SOUND ANALYSTS. 6.4 The HIRER accepts liability for the loss of or damage to the EQUIPMENT due to the negligence of the HIRER and/or its representatives using the EQUIPMENT on its behalf. 6.5 In the event of any loss or damage to the EQUIPMENT the HIRER shall pay SOUND ANALYSTS the current replacement cost of the EQUIPMENT or in the event that repair is possible, the cost of such repair and any other proven costs associated with the repair. Replacement or repair shall be at the sole discretion of SOUND ANALYSTS. 6.6 Any claim by SOUND ANALYSTS for costs associated with subclause above, shall not prejudice SOUND ANALYSTS right to receive the full HIRE FEE. 6.7 The signatory to the agreement warrants that it has authorisation to hire the EQUIPMENT for and on behalf of the HIRER and agrees to indemnify SOUND ANALYSTS against all losses and costs that may from time to time be incurred by SOUND ANALYSTS should this not be the case.
7.0 Payments and fees
7.1 The HIRER agrees to pay SOUND ANALYSTS the HIRE FEE. 7.2 Unless otherwise agreed between SOUND ANALYSTS and the HIRER the HIRE FEE shall be payable with the order. If settlement of the HIRE FEE is not made prior to the commencement of the hire period or within the due period agreed with the HIRER, SOUND ANALYSTS shall at its discretion charged interest at a rate of 8% above the Bank of England base rate per month cumulatively on any overdue amount, under the Late Payment of commercial debts(interest) Act 1998.
8.1 SOUND ANALYSTS shall have the right to terminate this agreement for any reason and at any time. In the event of termination under this subclause 8.1 (except for reasons of bankruptcy or insolvency on the part of the HIRER) then SOUND ANALYSTS shall return to the HIRER any sums paid to SOUND ANALYSTS provided that termination has occurred prior to commence of the hire period.
8.2 The HIRER shall have the right to terminate this agreement at any time provided that 30 days’ written notice of termination has been given to SOUND ANALYSTS.
8.3 In the event of termination under subclause 8.2 above the HIRER shall, unless otherwise agreed, remain liable to SOUND ANALYSTS for the HIRE FEE.
9.0 Assignment and Subcontracting
9.1 SOUND ANALYSTS retains the right to assign this agreement at any time for any reason provided written notice is given to the HIRER. Any such assignment shall not require the consent of the HIRER.
9.2 The HIRER shall not assign subcontract this agreement in whole or in part at any time. For the avoidance of doubt this includes passing or loaning the EQUIPMENT to any other third party or person. The HIRER shall not at any time sell, dispose of or otherwise part with the control of the EQUIPMENT.
10.0 General 10.1 All descriptions, specification, drawings, weights, dimensions, particulars and information issued by SOUND ANALYSTS are correct to the best of SOUND ANALYSTS knowledge at the time and are only intended to present a general idea of the EQUIPMENT to which they refer and shall not form part of the agreement. 10.2 SOUND ANALYSTS reserves the right to amend change or alter any descriptions, specification, drawings, weights, dimensions, particulars and information at any time.
10.3 SOUND ANALYSTS shall supply the EQUIPMENT requested by the HIRER. The HIRER shall be responsible for ensuring that the EQUIPMENT is suitable for the purpose for which the EQUIPMENT is intended. The HIRER shall give SOUND ANALYSTS sufficient information to ensure to the best of SOUND ANALYSTS knowledge that the EQUIPMENT meets the Hirers requirements. 10.4 The HIRER shall ensure that the EQUIPMENT is used and installed by competent and qualified personnel in a manner which complies with any applicable statute, regulation or order applying from time to time affecting the use of the EQUIPMENT including but not limited to the Health & Safety at Work Act 1974 and any statutory replacement or amendment thereto. 10.5 EQUIPMENT on hire will be supplied with the correct connectors as fitted. The HIRER shall not remove replace or otherwise taper with the connectors without the express written consent of SOUND ANALYSTS.
10.6 The HIRER shall be responsible at all times to arrange a proper power supply for use with the EQUIPMENT and shall ensure that at all times the EQUIPMENT is earthed correctly.
10.7 The HIRER agrees to only use the EQUIPMENT in the venue or venues agreed in advance with SOUND ANALYSTS. In the event that the Equipment is used on tour then a tour schedule shall be provided by the HIRER to SOUND ANALYSTS prior to the hire period. 10.8 The HIRER shall ensure that the EQUIPMENT is maintained and remains serviceable and clean during the period of hire. Failure to maintain, service or clean the EQUIPMENT which results in such maintenance, service or cleaning to be carried out by SOUND ANALYSTS shall be charged to the HIRER. 10.9 SOUND ANALYSTS shall at any time and at all times have the right to inspect the EQUIPMENT. The HIRER shall afford SOUND ANALYSTS suitable and reasonable access for such inspection 10.10 The HIRER shall not remove, alter, deface or otherwise tamper with any Company markings on the EQUIPMENT.
11.0 Copyright 11.1 The HIRER by accepting delivery of any sound or visual reproduction EQUIPMENT warrants that the HIRER has or will obtain the appropriate licence for use of any media being used in conjunction with the EQUIPMENT.
11.2 SOUND ANALYSTS hereby notify the HIRER that the playing or showing of any copyright material in circumstances where the HIRER does not hold the appropriate licence from the copyright holder then the HIRER may become liable for any costs or damages for so doing.
12.0 Wavier 12.1 Any failure SOUND ANALYSTS to enforce any of or all of the conditions herein shall under no circumstances constitute a waiver of the said terms and conditions or any rights SOUND ANALYSTS has hereunder. 12.2 If any of the terms in the AGREEMENT are to be held invalid such validation shall not affect the validity of the remaining terms.
13.0 Governing law. 13.1 The validity, construction and interpretation of the AGREEMENT shall be governed exclusively by the laws of England. SOUND ANALYSTS and the HIRER submit to the exclusive jurisdiction of the English courts.
14.0 Sales 14.1 The risk in the Equipment shall pass to the Customer immediately on delivery to the Customer at the address shown for delivery on the contract or if the Customer collects on collection
Property and title in the Equipment shall remain vested in Sound Analysts Ltd who reserves the right to dispose of the Equipment until such time as the price shall have been paid in full.
Company registered in England 08355597
Registered Office : Warwick House, Monument Way West, Woking, Surrey, GU21 5EN
Director: Andrew M Callin