Definitions
1. The “Company” is Broadcast RF and includes assigns
and personal representatives.
2. The “Hirer” is the company or person contracting to
hire the Company’s equipment
and includes their successors, personal representatives and permitted
assigns.
3. The “Equipment” means all or any items hired by the
Hirer from the Company.
Extent
of Contract
These terms and conditions
are deemed to be incorporated into all contracts for the supply
of Equipment to the Hirer and supersede all terms and conditions previously
issued by the
Company.
No condition other than specifically set forth in these terms and
conditions shall be deemed
to be incorporated in or form part of the contract. Any order placed
by the Hirer implies
acceptance of all terms and conditions herein.
Hirer’s
Responsibility
The Hirer shall be responsible
for the equipment from the time it leaves the Company’s
premises to the time it is returned. The Hirer must take all reasonable
precaution to avoid
loss, damage or theft during the period of hire. During the continuance
of the hire period
the Hirer shall make good to the Company all loss of, or damage to
the Equipment from
whatever cause the same may arise, fair wear and tear accepted.
The Hirer shall fully and completely indemnify the Company and the
Company’s servants
and agents for a minimum of £1,000,000 in the event of any individual
claim by any person whatsoever for injury to person or property caused
by or in connection with or arising out
of the use of the Equipment and in respect of all costs and charges
in connection therewith
whether arising under statute or common law.
In the event of loss of or damage to the Equipment, hire charges shall
continue
until settlement has been effected.
During the period of hire any personnel supplied by the Company will
be deemed to
be the Hirer’s employee(s) and therefore the employer’s
liability cover should be in force
to cover this.
The Equipment is to remain the custody of the Hirer at all times and
is only to be used
by those having appropriate qualifications and experience to use the
Equipment.
The Hirer agrees that it shall not without prior written consent of
the Company use the
equipment on any hazardous or abnormal assignment.
The Equipment shall be at the Hirer’s risk from the time the
Equipment leaves the
Company’s premises until the time it is returned and accepted
by Staff of the Company.
Acceptance of the Equipment does not release the Hirer from responsibility
for loss or
damage of hired equipment.
Unless otherwise agreed to by the Company in writing, Equipment insurance
must be
effected by the Hirer with a reputable and recognised insurance company
and copies of
insurance documents should be delivered to the Company before hire
commences.
Failure to provide such documents does not remove any obligation of
the Hirer to effect
such insurance cover in accordance with these terms and conditions
of hire.
The Company must be noted as joint insured under all policies of insurance
including
‘negative’ insurances and the Hirer agrees to inform its
nominated insurer where
Equipment may be subjected to abnormal or hazardous conditions or
possible damage
by foreign materials which may include salt, water, dust, sand and
other corrosive
agents or chemicals so that full and appropriate insurance cover has
been effected at
all times.
All insurance policies must include an extension to include hire charges
incurred on lost
or damaged Equipment whilst it is being repaired or replaced.
In the event the Equipment is lost or damaged (reasonable wear and
tear excepted)
while at the risk of the Hirer, the Hirer shall be liable for and
agrees to compensate the
Company for the total replacement cost or total cost of repairing
the Equipment as the
case may be. Further the Hirer agrees to continue to meet the hire
charges whilst the
equipment is being replaced or repaired.
Payment
Hiring fees must be paid prior to
hiring of equipment, unless an account has been
set up. All invoices issued to account holders must be paid in full
within the agreed
payment period.
The Company reserves
the right to demand payment in cash, whether in full or
in part, upon confirmation of order, delivery or collection of equipment.
The Company reserves
the right to charge interest on overdue accounts without
further notice to the Hirer at the rate of 5% above the prevailing
National Westminster
Bank PLC Base Rate, to be calculated from the date a payment becomes
overdue
until that payment has been received in full.
The Company reserves
the right to refuse to hire Equipment to the Hirer in the
event that the customer fails to comply with the company’s terms
of payment.
Protection of Company’s Rights
The Equipment
remains at all times the property of the Company.
The
Hirer shall not sell, mortgage or pledge the equipment and shall protect
the
same against distress, execution or seizure and shall indemnify the
owner against
all losses, damage, cost, charges and expenses arising as a direct
result of any
failure to perform this condition.
The Company or its appointed
agent retain the right of entry for the purpose
of recovery of hired Equipment.
For the purposes of
repossessing the equipment, the Company may enter into
or upon any such premises where the equipment may be without prejudice
to
the rights of the Company to recover from the Hirer any monies due
or any
damages for breach of these terms and conditions and the Hirer indemnifies
the Company in respectof any claims, damages or expenses arising out
of any
action taken under this clause.
The Company reserves
the right at all times to refuse to hire Equipment.
Termination by the Company
The Company may notwithstanding the
specified period of hire and notwithstanding
any waiver of some previous default, forthwith terminate this agreement
and repossess
the Equipment in any of the following cases
(1) If the Hirer fails
to pay any hiring charges within two (2) days of the due dates.
(2) If the Hirer shall
do or permit any act or thing whereby the Company’s rights in
the equipment may be prejudiced.
(3) If the Hirer should
become or be made insolvent or bankrupt or make any
agreement or composition with its creditors or in the case of a Hirer
being a limited
company, should an order be made or a resolution passed for the winding
up of the
said Hirer’s company or business.
(4) If the Hirer commits
any breach of this agreement.
Breakdown, Repair & Adjustments
The Hirer shall be responsible for
all expenses involved arising from any breakdown
and all loss or damage incurred by the Company due to the Hirer’s
negligence,
misdirection or misuse of the equipment whether by Hirer or his servants
and for
payment of hire at the appropriate rate during the period the equipment
is necessarily
unusable due to such breakdown or damage.
Commencement and Termination of Hire
The hire period shall commence from
the time the equipment leaves the Company’s
premises or place where it was last employed and shall continue until
the equipment
is received back at the Company’s premises or equal and the
terms and conditions of
hire have been fully adhered with.
Limitation of Liability
The Hirer acknowledges and agrees that
unless expressly provided for in this
agreement the Company shall not be liable to the Hirer or the Hirer’s
servants or
agents for any direct, indirect, incidental or consequential loss,
injury or damages of
any nature howsoever caused (whether based on contract, tort or otherwise)
including
but not limited to loss of profits, loss of sales opportunity or business
reputation, direct
or indirect labour costs and overhead expenses and damage to Equipment
or property
or any other claim whatsoever arising directly or indirectly or in
anyway attributable
to the performance of or failure to perform this contract.
Cancellation Charges
Except where otherwise agreed by the
Company cancellation of booked or reserved
Equipment within 24 hours notice of the time specified for collection
will incur a
cancellation charge up to a maximum of 50% of the hire fee.
Waiver
Any failure by the Company to insist
upon strict performance by the Hirer of any
terms or conditions contained in this agreement shall not be taken
to be a waiver
thereof and no waiver by the Company of one breach of any term or
condition in
this agreement, whether expressed or implied, shall operate as a waiver
of another
breach of the same or of any other terms or conditions in this agreement
whether
expressed or implied.