Terms and Conditions of Hire
Protecting the security and privacy of your personal data is important to Concept audio Ltd; therefore, we conduct our business in compliance with the applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand further on what data Concept audio Ltd may collect, how Concept audio Ltd uses and safeguards that data and with whom Concept audio Ltd may share it.
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 COMPANY defined store.
Extensions of hire must be notified to the Owner at least 24 hours before the end of the original hire period.
Where it is a requirement that the COMPANY delivers the EQUIPMENT to the address notified by the HIRER, the COMPANY accepts no responsibility for any delays caused by non-arrival of hauliers, strikes, lock outs or any other circumstances beyond the reasonable control of the COMPANY. For the avoidance of doubt the COMPANY 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.
In the event that the HIRER transport the EQUIPMENT the COMPANY will use all reasonable endeavors to make the EQUIPMENT available at the time requested but accepts no responsibility for any delays incurred.
It is agreed that if the COMPANY deliver and/or collect its equipment from the HIRER and/or the HIRERS representative/agents at a designated residential property, Commercial site and/or Venue used by the HIRER during the COMPANY’s hire agreement, the COMPANY reserve the right to pass on to the HIRER and/or the HIRERS representative/agents the cost of any Parking fines/clamps or towing charges incurred by Concept audio Ltd this is applicable in all circumstances without exception in all UK/European cities.
4.0 Title & Risk
At all times title and ownership of the EQUIPMENT shall remain with the COMPANY. Under no circumstances whatsoever shall title or ownership pass to the HIRER.
Risk of the EQUIPMENT on hire shall remain with the HIRER during the period of hire.
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.
The HIRER shall notify its insurers that the equipment is on hire from the COMPANY and shall ensure that the Hirers insurance COMPANY endorses the policy with such interest naming the COMPANY as payee.
The HIRER shall not settle any claim made in respect of this agreement against its insurance policy without the express consent of the COMPANY.
In no event shall the COMPANY become liable to the HIRER;
- for any losses, costs, damages suffered or incurred by the HIRER as result of failure to perform or
- breach by the COMPANY 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; 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 sub-clause shall not apply in the case of a claim under sub- clause 6.3 below.
HIRER's liability for breach of any of these provisions herein shall be limited to £1,000,000.
The COMPANY accepts liability for death or personal injury, which is due to the sole negligence of the COMPANY.
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.
In the event of any loss or damage to the EQUIPMENT the HIRER shall pay the COMPANY 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 the COMPANY.
Any claim by the COMPANY for costs associated with sub-clause 6.5 above, shall not prejudice the Company's right to receive the full HIRE FEE.
The signatory to the agreement warrants that it has authorization to hire the EQUIPMENT for and on behalf of the HIRER and agrees to indemnify the COMPANY against all losses and costs that may from time to time be incurred by the COMPANY should this not be the case.
7.0 Payments and fees
The HIRER agrees to pay the COMPANY the HIRE FEE.
Unless otherwise agreed between the COMPANY 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 the COMPANY 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.
All payments must be made to the COMPANY in pounds sterling and are subject to VAT at the current rate.
All dry hire equipment is subject to a holding deposit in the event of loss, damage, breakage, deposits to be made in the form of Cash or credit/debit card on or before the hire commencement date, the HIRER agrees to pay the COMPANY this deposit and aggress that the DEPOSIT does not indemnify the HIRER or their agents for ensuring the COMPANY'S equipment is insured for total loss.
The COMPANY shall have the right to terminate this agreement for any reason and at any time. In the event of termination under this sub-clause (except for reasons of bankruptcy or insolvency on the part of the HIRER) then the COMPANY shall return to the HIRER any sums paid to the COMPANY provided that termination has occurred prior to commence of the hire period.
The HIRER shall have the right the to terminate this agreement at any time provided that 30 days written notice of termination has been given to the COMPANY.
In the event of termination under sub-clause 8.2 above the HIRER shall, unless otherwise agreed, remain liable to the COMPANY for the HIRE FEE.
9.0 Assignment and Subcontracting
The COMPANY 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.
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.
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.
The COMPANY hereby notifies 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.
All descriptions, specification, drawings, weights, dimensions, particulars and information issued by the COMPANY are correct to the best of the COMPANY's 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.
The COMPANY reserves the right to amend change or alter any descriptions, specification, drawings, weights, dimensions, particulars and information at any time.
The COMPANY 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 the COMPANY sufficient information to ensure to the best of the COMPANY's knowledge that the EQUIPMENT meets the Hirers requirements.
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.
EQUIPMENT on hire will be supplied with the correct plugs and sockets as fitted. The HIRER shall not remove replace or otherwise taper with the plugs and/or sockets without the express written consent of the COMPANY.
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.
The HIRER agrees to only use the EQUIPMENT in the venue or venues agreed in advance with the COMPANY. In the event that the Equipment is used on tour or outside of the UK then a tour schedule shall be provided by the HIRER to the Company prior to the hire period.
The HIRER shall in no circumstances remove the equipment from the United Kingdom without obtaining the consent of the COMPANY in writing specifying the country to which the equipment is to be removed and in such event the HIRER shall pay all additional insurance in respect of such removal of the equipment and shall indemnify the COMPANY against all customs duties, taxes and other pecuniary levies either as a result of removal of the equipment from the United Kingdom or for the return of the equipment.
In the event of faulty lamps the HIRER shall return such lamps to the COMPANY. Failure to return faulty lamps shall result in charges being applied by the COMPANY to the account of the HIRER.
The HIRER is responsible for shipping, preparation of the relevant carnet and customs documents and lodging of any bonds shall be entirely that of the Hirer.
The HIRER shall be responsible for the application and provision of licences for all radio equipment.
The HIRER shall pay for batteries required, including radio microphone batteries.
The HIRER agrees that any Generators/Gen-sets supplied by the COMPANY or its agents are subject to fuel & environmental fee‘s which are chargeable to the HIRER at cost.
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 the COMPANY shall be charged to the HIRER.
The HIRER shall coil all cables and secure them with PVC tape at the completion of the hire period. Failure to do so shall result in a charge to the account of the HIRER.
The COMPANY shall at any time and at all times have the right to inspect the EQUIPMENT. The HIRER shall afford the Company suitable and reasonable access for such inspection.
The HIRER shall not remove, alter, deface or otherwise tamper with any Company markings on the EQUIPMENT.
The COMPANY shall provide working lamps in the EQUIPMENT, any additional lamps will be counted as a consumable cost to the HIRER.
The HIRER agrees that DPA or associated headsets, tie clip "lavaliere" Mic's, Mic clips, speaker drivers, voice coils if returned damaged will be charged by the COMPANY at full list price.
Any failure by the COMPANY 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 the Company has hereunder.
If any of the terms in the AGREEMENT are to be held invalid such validation shall not effect the validity of the remaining terms.
13.0 Governing law
The validity, construction and interpretation of the AGREEMENT shall be governed exclusively by the laws of England. The COMPANY and the HIRER submit to the exclusive jurisdiction of the English courts.
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 Concept audio Ltd. and Concept audio Ltd. reserve the right to dispose of the Equipment until such time as the price shall have been paid in full.
In the unlikely event our equipment fails whilst on dry hire we offer a 24 hour support number which can be found on supplied paperwork, please note that if an engineer is called to site out of hours & the fault proves to be Customer/user/venue error we reserve the right to charge for this at our standard out of hours rate, A copy of this is available upon request.