Hire of Goods & Services
TERMS AND CONDITIONS
In these conditions, the following words and expressions shall have the same meaning unless the context otherwise appears.
“These Conditions” Means the conditions of sale, hire or supply of services herein contained.
“The Company” Means 3BandAudio
“The Hirer” Means the person, or company, who, or which, has agreed to hire the equipment and/or services from the company.
“The Equipment” Means the equipment specified, together with the accessories (if any), and cases on the ‘Invoice’ and any parts or parts of the same.
“The Engineer(s)“ Means the employee(s), representative(s) or subcontractor(s) of the company (if any) supplied with the equipment in order to operate the same, the number of which (if any) shall be specified.
“The Agreement” Means the agreement between the company and the hirer for the hire of the equipment and/or service.
The agreement is subject to these conditions, which supersede all previous communications, representations and agreements, written or oral. No additions and/or alterations to these conditions shall be binding on the company unless agreed in writing by an authorised representative of the company. Any terms and conditions proposed by the hirer shall only apply if the same have been agreed by, or on behalf of, the company in accordance with provisions of this paragraph and in the case of any conflict between such terms and conditions, the latter shall prevail.
The company will endeavor to ensure that the equipment is in good working order and condition at the time of delivery to, or collected by, the hirer but it shall be the responsibility of the hirer to ensure that the equipment is fully suitable for the purpose of which it is hired. The equipment will be examined and checked by the hirer upon delivery, and before being taken into use. If found to be defective or deficient it will be replaced or the defects an/or deficiencies will be corrected by the company with no additional charge, but the company will, in no circumstances, be liable for any loss or damage whatsoever of any kind however caused arising out of or in connection with the use of or inability to use the equipment. The hirer shall be responsible for the correct use of the equipment and shall, at their own expense, keep the equipment in good condition (except for fair wear and tear) and shall take all necessary precautions to ensure its safety and security.
The hirer will not:
Open the outer case of the equipment (if any) or of any item or part thereof.
Interfere in any way with the equipment of the mechanism thereof or tamper, remove or deface in any way the nameplate, serial numbers, company markings or any other identifier from the equipment.
Expose any equipment to any environment it is not designed for. This includes, but is not limited to, unsuitable outdoor environments, bad weather conditions (such as rain), cold environments and swimming pools.
It is the exclusive responsibility of the hirer to ensure that the equipment is protected in all aspects as afore mentioned. Unless the same has been caused by the willful default or willful misconduct of the engineers whilst in supervision of the equipment.
Any loss or damage to the equipment, including loss or damage caused by non-familiarisation or misuse of the same, is the sole responsibility of the hirer, who will be charged with the cost of the repair or the full replacement value of the equipment. The hirer shall pay for all delivery charges in relation to the replacement equipment. If the equipment breaks down during the period of the hire at no fault of the hirer and reasonable proof can be supplied to the company that this is the case, delivery of replacement equipment will be free of charge. The hirer must not repair, attempt to repair or request a third party to repair the equipment.
Any order or instruction required to be given to the company by the hirer shall be given in writing by either the hirer or authorised representative of the hirer. If given orally it shall be confirmed in writing to the company within three days. The company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the hirer, which is not received in writing to, and confirmed by, the company. The hirer shall be solely responsible for any statement, representation, order, instruction, guidance or advice made by the hirer to the company or any engineer.
The equipment shall be delivered or collected at such time and place as shall be mutually agreed between the company and by the hirer. If delivered to the hirer the signature of any person purporting to be any employee or representative of the hirer shall be sufficient evidence of delivery. The company shall endeavor to the best of it’s ability to comply with any time schedules but will accept no liability for non-delivery of equipment or non-arrival of engineers by a specific time or date or within a specified time from receipt of order. The company shall not be liable for delays due to unforeseen circumstances or causes beyond its control. Including, but not limited to, acts of nature, government, labour disputes and delays in transport.
Unless otherwise agreed, in writing between the company and the hirer, it shall be the responsibility of the hirer to return the equipment to the company on termination of the hire. If the company agrees to collect the equipment on completion of the hire, the hirer shall remain responsible for the security, protection and condition of the equipment until it is back in the possession of the company.
The equipment remains at all times the property of the company and the hirer shall have no right to title or interest therein save that of a hirer therefor under these conditions the hirer shall not sell, offer for sale, assign, mortgage, pledge, under-let or sub-let, lend or otherwise deal with the equipment or any part or parts thereof or deal with the hirer’s interest under these conditions which is interest personal to the hirer and the hirer will keep the equipment in their own possession for their own use and will not allow any alien or other encumbrance to be created in respect of the same.
From time to time the company may supply equipment hired from a third party, in respect of this, although the equipment shall remain the property of the respective third party, the same conditions shall apply as if the company owns the equipment.
The hirer shall be liable to pay the full cost of the invoice issued by the company, which includes, but not limited to, all delivery and collection charges, hire charges and engineering services, in the agreed time frame agreed between the hirer and the company prior to the hire or by the date stated on the invoice. Unless the company has specified otherwise, in writing. Please note a one-day hire is based on a 24-hour period.
All invoices issued, unless agreed otherwise in writing, are due within 30 days of the issue date. In the event payment is not received by the date agreed between the hirer and the company, a 10% late fee will be applied and a 2% daily fee for each day the debt remains unpaid.
In some instances, a security deposit will be required from the hirer to the company prior to the hire date. The amount of the security deposit (if any) specified shall be returned to the hirer without interest when the equipment has been returned to the company, in the same condition as when collected or delivered to the hirer, and all charges and monies due to the company under the terms of this agreement has been paid. If equipment is lost or damaged, the company reserves the right to put the security deposit afore mentioned towards the cost of the repair or replacement of the equipment.
In the event of a cancellation of an order by the hirer, the company reserves the right to issue cancellation fee without prejudice to any right or remedy available.
The hirer shall not take the equipment outside of the United Kingdom or from the ground on any flights without previous written consent of the company. If equipment is to be taken off the ground or outside of the United Kingdom the hirer will ensure the flight is by an airline recognised by the I.A.T.A. The obtaining of any clearances, licenses and permits that are needed to take the equipment of the ground or out of the United Kingdom is the sole responsibility of the hirer. If the equipment is lost, damaged or breaks down whilst outside of the United Kingdom the company agrees to replace the equipment with the same, or similar, only at an address within the United Kingdom.
The agreement may be terminated by the company, by written notice given by the company to the hirer, to that effect on the happening of any of the following event: The hirer fails to pay any charges or fees hereunder within seven days of the same having become due (whether demanded or not), or fails to observe or perform ay other of these conditions, or if the hirer commits any act of bankruptcy, or being a company goes into liquidation, or has a receiver appointed in respect of the whole or any part of its undertaking or assets, or is subject to a receiving order, or makes any arrangement with or assignment for the benefit of the hirers creditors, or if distress is levied or threatened on any of the hirers property, or if the hirer abandons the equipment.
The termination of the agreement and the hire thereby created for any reason whatsoever shall not affect any other right or remedy of the company against the hirer, without prejudice, to the generality thereof shall not affect the right of the company to recover from the hirer any hire charges and other monies due to the company at the due date of such termination, and shall not affect the company’s right to recover damaged from the hirer in respect of any breach of conditions.
The rights of the company under the agreement shall not be affected at any time, by any time or other indulgence granted by the company to the hirer.
The company shall not in any circumstances be liable to the hirer or any third party for any claims in respect of loss of profits, special damage or any consequential loss whatsoever or be under any liability for to in respect of loss or damaged persons or property however so caused whether arising directly from the hire or use of the equipment by the hirer.
The company reserves the right to subcontract all or part of the hirers order and to assign or otherwise deal in any way whatsoever with the company’s interest in the equipment and in the agreement.
The hirer is advised not to use any original materials on, in or in connection with the use of the equipment and the company cannot accept any responsibility in connections with any loss or damage to or in respect of the same.
The hirer undertakes to insure all hired equipment supplied by the company at its full replacement value against physical loss or damage from the time it leaves the company’s premises until it is returned to the company’s premises, or from the time it is delivered to the time it is collected from the hirer by the company or the engineer. The hirer shall ensure the company’s interest is noted by the insurers and shall notify the company accordingly and give such other details of the policy or policies as the company may require. The company on request will supply particulars of the replacement value. Any insurance(s) arranged by the hirer shall be in terms no less favorable than the terms of the company’s insurance.
In the event of any loss, theft or damage the hirer must notify the company as soon as possible within a period of twenty-four hours. In the case of theft or loss the Police must be informed at the first opportunity.