Rental Terms and Conditions
1. Definitions
In these conditions except where the contract otherwise required the following words shall have the meanings:
‘The Hirer’ means the person, firm, Company, corporation, public authority or body taking the Company’s equipment on hire.
‘The Parties’ are the suppliers of the equipment and the hirer named in the contract and where applicable any person purporting to act on behalf of the hirer. The items are those stated in the relevant contract are hereinafter referred to as ‘the equipment’
‘The Company’ means Insight Presentation Systems Limited whose registered office is New Insight House, Spartan Close, Tachbrook Park, Warwick, CV34 6RS
‘A Day Hire’ Shall be a maximum of 24 consecutive hours.
2. Basis of Charging and extension of hire
a) Equipment shall be hired out at a per day, per week, per month, one year or two year basis or as otherwise shown on the contract
b) The equipment must be returned by the return time shown on the contract or extra hire charges will be made
c) When a return date is shown in the contract, 24 hours notice of extension or hire must be given to the Company
d) If equipment is retained beyond the contracted date without prior agreement to an extension having been obtained the Hire Company may charge hire for the additional period at the original contract rate.
3. Payment
All charges are payable on demand and the Company may request a deposit. If payment is not made on the due date the Company will be entitled to Interest on the amount that is overdue at 2.5% per month. This shall be without prejudice to any other rights or remedies of the Company. Any legal charges incurred in the recovery of money or equipment will be paid by the Hirer. In some circumstances the company may receive payment from the hirer via a third party, for example an event management agency. This will only apply if at the initiation of the company or with the full prior agreement of the company. Payment via a third party in this way will not relieve the hirer from their other obligations in these terms and conditions.
4. Availability of Equipment
The equipment is offered subject to being available to the Company at the time required by the hirer. The company retain the right to refuse to Hire equipment and cancel an existing contract at any time at it’s discretion. In the event of such cancellation taking place no compensation will be available by the Company.
5. Delivery and Carriage Charges
All times quoted or stated for delivery are approximate only. Hire charges do not include carriage. Any expenses incurred by the company in delivering or recovering equipment or attempt to recover the same, will be paid by the Hirer.
6. Cancellation
Once an order, instruction or event booking contract has been received from the Hirer by the Company, be it verbal, written, e-mailed or faxed; if it is then cancelled by the hirer, certain charges will be made:
A. For small hires of equipment only up to a job value of £5,000 plus VAT
Any time prior to the hire, any costs that The Company have incurred or become liable for will be charged on to the Hirer. For example, this might include buying materials, making any chargeable commitments to third parties and time spent organising the hire. In addition, the following percentages will be added;
- Cancellation within 2 weeks of the hire start date, 25% of the full hire amount as of the date of cancellation.
- Cancellation within 1 week of the hire start date, 50% of the full job amount as of the date of cancellation.
- Cancellation within 24 hours of the hire start date, 100% of the full job amount as of the date of cancellation.
The hire start, for cancellation purposes, is when the equipment leaves The Companies warehouse, either despatched by The Company or collected by the Hirer or Hirer’s agent.
B. For large hires of over £5,000 plus VAT and any production event where we are providing technical or creative support for set up and/or operation of the equipment;
Any time prior to the hire, any costs that The Company have incurred or become liable for will be charged on to the Hirer. For example, this might include buying materials, making any chargeable commitments to third parties and time spent organising and preparing the hire or event. In addition, the following percentages will be added;
- Within 1 month prior to the due start date and time, 50% of the full event amount
- Within 3 weeks prior to the due start date and time, 75% of the full event amount
- Within 2 weeks prior to the due start date and time, 100% of the full event amount
The hire or event start, for cancellation purposes, is when the equipment leaves The Company's warehouse, either despatched by The Company or collected by the Hirer or Hirer’s agent. For sequences of events, such as roadshows for example, the whole sequence is treated as the hire, and starts when the equipment leaves The Company's warehouse for the first event in the sequence.
7. When the contract comes into being
The contract shall come into being between the Hirer and the Company when the Hirer has signed an event booking contract or placed an order, detailing the requirements and agreeing to the bound of these Conditions, and the Company has excepted the order or alternatively if no said agreement is entered into when the equipment is delivered to the Hirer.
8. Responsibilities of the hirer and the person making the contract
The person making the contract warrants that he has authority of the Hirer to make this contract on the Hirer’s behalf and hereby agrees to indemnify the Company against all loses and costs that maybe incurred by the Company if this is not so.
The said person and Hirer jointly and severally hereby undertake to ensure that no one uses the equipment who is not properly instructed in it’s safe and proper operation and to ensure that every user is in possession of instructional material (if any) supplied by the Company and will not allow the equipment to be misused. The Hirer will co-operate with any reasonable request for information about the equipment and it’s present whereabouts made by the Company.
If the Hirer fails to co-operate with the Company or fails to rectify any breach of this agreement the Company may if they deem if practicable give the Hirer 14 days notice that they should rectify the position. If the Hirer fails to carry out such steps as required by the Company within the 14 day period the Company may cancel the Agreement in writing.
If the Company cancels the Agreement in writing the Hirer will be obliged to pay:
i) all outstanding hire charges and other charges incurred as a result of the cancellation of the agreement
ii) in relation to any hire period in excess of 11 months damages assessed at 3 months additional hire charges will be paid or the balance of the hire charges due to the end of the original hire period (prior to cancellation) whichever is the lesser amount.
9. When signature for receipt of equipment becomes operative
Where, for administrative convenience, the Hirer or his agent is requested by the Company to sign for the receipt of the Equipment is handed over, the Hire or his agent will examine the Equipment at the time of the physical hand-over and the effect of such signature shall not become operative until immediately after the physical hand-over.
10. Maintenance of Equipment, Breakdown Procedures and Accident Reporting
a) The Hirer will keep himself acquainted with the state and condition of the equipment and ensure that it remains safe, serviced and clean.
b) Any breakdown or any unsatisfactory working of Equipment must be immediately notified to the Company. Under no circumstances will the Hirer repair the Equipment unless authorised by the Company in writing.
c) The Equipment must be returned to the Company’s premises for examination or such other address as required by the Company.
11. Insurance and Responsibility for loss, stolen or damaged equipment
a) It is the Hirer's responsibility to keep the Equipment safe and secured. Equipment insurance provided by the Company will not cover loss caused by neglect. Circumstances constituting neglect include, but are not restricted to, using equipment in unsuitable conditions (e.g. using indoor equipment outside in the rain) and leaving valuable items unattended in public areas or unlocked vehicles. If equipment has been lost or damaged due to the neglect of the Hirer then the Hirer will re-imburse the Company for the replacement of the equipment.
b) Where a third party is to use any equipment the Hirer will ensure that the equipment is booked out to a person who proves he is in position of authority with the third party. The Hirer will ensure that the third party completes a ‘booking out form’ as supplied by the Company. The Hirer will ensure that the equipment is collected or returned safely to the Hirer and that the Hirer acknowledges receipt of the equipment in writing.
12 Protection of Company’s Rights
a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part-with possession of or otherwise deal with the equipment except as specifically provided for in this contract and shall protect the same against distress, execution or seizure and shall indemnify the Company against all losses, damages, costs, charges and expenses that may be occasioned by any failure to observe and perform this condition
b) If the Hirer shall make default in actual payment of any sum due to the Company for hire equipment or other charges or fail to observe and perform the terms and conditions of this Contract or if the Hirer shall suffer any distress or execution to be levied against him or make or purpose to make or propose to make any arrangement with his creditors or be a company shall go into liquidation or shall do or shall cause to be done or perms or suffer any act or thing whereby the Company’s night and the equipment may be prejudiced or put into jeopardy this agreement shall forthwith be terminated without any notice or other act on the part of the Company and not withstanding that the Company may have waived some previous default or matter of the same of a like nature and it shall thereupon be lawful for the Company to retake possession of the said plant and for that purpose to enter into or upon any premises where the same may be and the determination of the hiring under this Contract shall not affect the right of the Company to recover from the Hirer any monies due to the Company under the Contract or damages for breach thereof.
13. Removal of Equipment
Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorised site without the written authority of the Company.
14. Consequential Losses
Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable for any consequential or indirect loss suffered by the Hirer whether this loss arises from breach of a duty in Contract or Tort or in any other way (including loss arising from the Company’s negligence).
A non-exhaustive illustration of indirect loss is:-
a) loss of profits
b) loss of Contract
c) damage to the Hirer’s property of any other person
d) personal injuries to the Hirer or any other person other than that caused by the Company’s negligence.
The hirer will keep the Company indemnified against all claims made by third parties.
The Hirer accepts that it is their responsibility to insure against all the above risks.
15. Force Majeure and Matters Beyond the Company’s Control
The Company shall not be liable for any failure to adhere to the Contract arising from circumstances outside the Company’s control. A non-exhaustive illustration would include Acts of God, war, riots, explosion, abnormal weather conditions, fire, flood, government action, strikes, lock-outs, delay by suppliers, accident and shortage of equipment and materials, labour or manufacturing facilities.
If the Company is prevented from carrying out the Contract because of the above circumstances it will notify the Hirer as soon as this is practicable.
16. Non-returned, Lost, Stolen, Damaged or Unclean Equipment
i) the Hirer accepts full responsibly for the care and safekeeping and return in good order of the Equipment.
ii) the Hirer will pay to the Company all costs incurred by the Company in rectifying the condition of the Equipment returned, damaged or unclean. Additionally, the Hirer will pay to the Company a charged equating to the financial loss to the Company until such rectification is complete.
iii) in the case of Equipment which is lost or stolen or damaged beyond economic repair the Hirer will in all cases meet the Hirer’s obligations under Conditions 10 and 11.
17. Determination of Hire
The Company shall be entitled at any time if the Hirer is in breach of this Contract, or if any act or proceeding in which the Hirers solvency is involved is commenced to terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or part thereof. Such termination shall not affect the right of the Company to recover from the Hirer any monies due under this Contract or damages for breach thereof.
18. Right of Access
The Hirer hereby authorises the Company to enter upon any land or premises wherein the Company reasonably believes any Equipment, or any part thereof to be, and in so far as the Company in its absolute discretion deems necessary to inspect, test, repair, replace or repossess the same.
19. Separate Term Validity
Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms. Headings in these conditions are for reference purposes.
20. Confidentiality
The Company agrees to treat as confidential all information supplied by, or on behalf of, the Hirer, in connection with the Hirer's business, including details of this hire. The Hirer agrees to treat as confidential all information supplied by, or on behalf of, the Company, in connection with the Company's business, including details of this hire, such as costs, designs and ideas.
21. Event Management Agencies
In some circumstances the hirer may be invoiced for equipment rental and technical services through an event management agency. This does not waive the hirer’s obligations to the company as set out in these terms and conditions.