Definitions.
“We”
and “Us” refers to Graeme Wood trading as Abracadabra Sound and Light Services and any of its
representatives.
“You”
refers to the individual or business to which the contract relates.
1. General
1.1
If you are hiring on behalf of a business or organisation you confirm that you
have the necessary authority to enter into this contract on behalf of that
business or organisation, and that you will indemnify us against all losses and
expense which may be incurred if this is not the case.
1.2
We reserve the right to decline some or all of your order, for any reason.
1.3
Any person hiring equipment from us must be a UK resident over 18 years of age.
2. Contract
2.1
You may place your hire order with us by email, phone, mail or in person.
2.2
We will provide you with an order quote confirming availability (or otherwise)
of the Equipment and stating total costs including installation, delivery or
other applicable charges.
2.3
The contract between us will be formed when you advise us that you accept the
order quote.
3. Hire Charges
3.1
Our hire charges and all other applicable charges will be as shown in the order
quote. The order quote will also show the date the charges will start from and
the period of the hire.
3.2
You agree to reimburse us for all costs in connection with cleaning, repairing
or replacing. Equipment not returned in clean and good working condition and
will be liable for charges at the daily rate shown in the order quote for the
period of such repair or replacement.
3.3
We reserve the right to impose additional charges at the daily rate for the
period in which any item of Equipment is not available for use by our other
customers because of your breach of these terms and conditions.
3.4
Where we have taken a deposit we may retain the whole or part of this in order
to set against any liability you have to us in relation to the hire of the
Equipment.
4. Payment
4.1
All non account hires must be paid in full upon
confirmation of the hire unless specified otherwise.
4.2
We accept payment by cash, credit card, PayPal or Bank Transfer.
4.3
All account hires must be paid as per the terms specified on the invoice.
5. Deposit and Identification
5.1.
A security deposit will be taken at the commencement of each hire. This will be
refunded once the hire has been completed and all the equipment has been
returned subject to the conditions laid out in section 9.
5.2
We require 2 forms of identification; at least one must be photo ID. Acceptable
ID is; Driving Licence, Passport, Current Bank statement or credit card
statement, current utility bill, government or armed forces work ID.
5.3
We will take and store a photograph of you on our computer system for future
reference. This can be deleted at the termination of the hire at your request.
6. Delivery and Installation / Customer Collection and Return
6.1
We only deliver to customers in the United Kingdom and all goods must be signed
for by an adult aged 18 or over.
6.2
Equipment will be delivered in good working order. Unless notice is received to
the contrary as soon as reasonably practicable and in any event no later than
within 4 hours of delivery, Equipment will be deemed to be in good working
order, except for defects not detectable by reasonable examination.
6.3
Our estimated time for delivery will be stated in the order quote. We hope to
deliver these estimates but occasionally delays will occur, despite our best
efforts. We will not be liable for any delay or failure to deliver within such
estimated timescales.
6.4
Installation charges will be shown in the order quote. We may wish to carry out
a free site inspection before installation and you agree to allow as such
access as we reasonably require for this purpose.
6.5
Where we are unable to carry out installation through error or fault on your
part, we reserve the right to charge for our time at the rates shown on the
order quote.
6.6
If we are not able to collect the equipment at the agreed time then you will be
liable for any excess rental charges, at the full daily rate, that accrue while
we are unable to gain access to our equipment. There will also be a £25 call
out surcharge for the first and any subsequent arranged visits to obtain our
equipment.
6.6
In the event that you are collecting from us, you will be given a time slot for
collection and return of at least one hour duration. If you fail to collect
from us during your allotted time then we will not be liable if we are unable
to fulfil the hire.
6.7
In the event of you failing to return any or all equipment during your allotted
time slot we will reserve the right to extend the hire until the equipment is
returned to us and charge accordingly at the full daily rate.
7. Risk
7.1
The risk in the Equipment will pass to you upon delivery or installation, or
where you choose to collect the Equipment directly, at the moment of collection
7.2
When collecting the Equipment directly from us you should ensure that you have
suitable transport as we reserve the right to refuse removal of Equipment where
appropriate arrangements for safe and lawful transport of the Equipment has not
been made.
8. Cancellation
8.1
You will not be entitled to cancel the contract once the Equipment has been
collected or delivered.
8.2
If you wish to cancel the contract more than 60 days before the start of the
hire we will refund monies paid less any delivery, restocking fee or similar
charge which we incur.
8.3
If you wish to cancel the contract within 60 days of the start of the hire the
following cancellation charges will apply (being a percentage of the hire
charge excluding delivery and installation charges).
a)
30-60 days before start of hire period – 50% of hire charge.
b)
14-30 day before start of hire period – 75% of hire charge.
c)
Less than 14 days – no refund.
8.4
Cancellations must be made either in person at our premises, or in writing if
attendance is impossible.
9. Your responsibilities
9.1
You will make all reasonable efforts to ensure that the Equipment is not
damaged or misused during the period of the hire. This includes ensuring that
the Equipment can safely be used with any other equipment which you use.
9.2
You will make all reasonable efforts to ensure that any person operating or
using the Equipment during the period of the hire is instructed in the safe and
proper operation of the Equipment.
9.3
You shall not sell or attempt to sell or otherwise dispose of the Equipment.
9.4
You shall reimburse us for all costs in connection with repairing or replacing
Equipment not returned in good condition, pay us the full retail cost of any
Equipment which is lost stolen or damage beyond economic repair, and insure the
Equipment against such liability.
9.5
You agree to pay the full daily rate for all items of Equipment which are
required to be replaced or repaired until such repair or replacement has been
completed.
9.6
This clause 9 shall not affect your statutory rights or seek to exclude
liability which cannot be excluded under the Unfair Contract Terms Act 1977.
10. Maintenance
10.1
You agree to properly maintain the Equipment during the period of the hire and
to notify us as soon as reasonably practicable if there is a problem with the
operation of any item of Equipment.
10.2
Any damaged or faulty item of Equipment should be returned, at your expense
(subject to clause 10.3) to us. In no circumstances should you proceed to
repair any item of Equipment without our prior approval.
10.3
Where the problem with the Equipment is caused by a fault not discoverable by
reasonable examination in terms of clause 6.2 above, we will reimburse you for
reasonable transportation costs and for hire charges during the period when the
Equipment could not be used due to this fault. However our obligation under
this clause does not cover faults caused by misuse wear and tear, accident or
neglect.
10.4
You shall not alter or modify the Equipment or use it for purposes for which it
is not designed.
10.5
You agree that we have a right of access to the Equipment in order to inspect,
repair or replace it and you authorise us to enter any property where the
Equipment is located or where we reasonably believe it to be located, to carry
out such inspection, repair or replacement.
11. Liability and Indemnity
11.1
To the fullest extent permissible under UK law, we will not be liable for any
losses you incur arising out of or in connection with the hire of the
Equipment.
11.2
Notwithstanding the terms of clause 7.1 in the event that we are held liable
for losses which you have incurred arising out of or in connection with the
hire of the Equipment, our liability to you shall be limited to a sum equal to
the amount paid by you for the Equipment hired.
11.3
You agree to indemnify us at all times in respect of all claims by any person
in relation to any injury, loss, claim or expense arising out of or in
connection with the use of the Equipment
11.4
If you are a consumer, this clause 11 does not affect you statutory rights.
12. Termination of Hire
12.1
We shall be entitled to terminate the contract immediately and to repossess the
Equipment at any time where you are in breach of these terms and conditions, or
you take any steps, or if any process or action is started which, in our
reasonable opinion suggests that your solvency is in doubt.
12.2
Where the provisions of clause 12.1 apply, you authorise us to enter any
property where we reasonably believe Equipment to be, in order to repossess
such Equipment.
13. Governing law
13.1
These terms and conditions and the contract for the hire of the Equipment are
governed by UK law and are subject to the exclusive jurisdiction of the British
Courts.
