Digital Design & Media Ltd. Terms and Conditions of Business.
Hire of Equipment and Services
1 In these conditions=
the
following words and expressions shall have the same meaning unless the
context otherwise
appears.
(i) “These Conditions”
Means the conditions of sale herein contained.
(ii) “The Company&quo=
t;
Means Digital Design & Media Ltd.
(iii) “The Hirer"
Means the person, firm or company who or which has agreed to hire the equip=
ment
from the Company.
(iv) “The Equipment&q= uot; Means the equipment specified, together with the accessories (if any), and<= o:p>
flight cases specifie=
d on
the ‘Delivery Note’ and any part or parts of the same.
(v) “The
Technician(s)" Means the employee(s) agent(s) or Subcontractor(s) of t=
he
Company (if
any) supplied with the
Equipment in order to operate the same, the number of which (if any) shall =
be
specified.
(vi) “The Agreement”
Means the agreement between the Company and the Hirer for the Hire of the
Equipment.
2 The agreement is
subject to these conditions which supersede all previous communications,
representations and
agreements, written or oral, and no additions and alterations to these
conditions
shall be binding on t=
he
Company unless agreed to in writing and signed by a duly authorised officer=
or
employee or agent 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.
3 The Company will
endeavour to ensure that the equipment is in good order and condition and s=
ound
at the time of delivery to,
or collection by the
Hirer but it shall be the responsibility of the Hirer to ensure that the
Equipment is fully suitable for the purpose 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 defec=
ts
or deficiencies corrected by the Company without any 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 the inabi=
lity
to use the Equipment. The Hirer shall use or Cause to be used the
Equipment in a skilful
and proper manner and shall, at his own expense, keep the Equipment in good=
and
substantial repair and 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 thereo=
f.
Not interfere in any =
way
with the Equipment or the mechanism thereof or any nameplates or signs or
serial numbers hereon and will not expose the
Equipment to the elem=
ents
(particularly to salt water and spray) and will keep the Equipment protecte=
d in
all respects.
Unless the same shall
have been caused by the wilful default or wilful misconduct of the Technici=
ans
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
repair or the full
replacement value of the Equipment as the case may be. The Hirer must not
repair or attempt to repair or request a third part to repair or attempt to
repair the Equipment.
4. Any order or
instruction required to be given to the Company by the Hirer shall be given=
by
him or
his duly authorised a=
gent
in writing. 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=
by
the
Company in writing or=
so
confirmed. The Hirer shall be solely responsible for any statement,
representation, order,
instruction, guidance or advice made or given by the Hirer to any Technicia=
n.
5. The Equipment shal=
l be
delivered and collected at such time and place as shall be mutually
agreed between the
Company and the Hirer. If delivered to the Hirer the signature of any
person purporting to =
be
any employee of the Hirer shall be sufficient evidence of delivery. The
Company shall endeavo=
ur
to the best of its ability to comply with any time schedules but will
accept no liability f=
or
non delivery of Equipment or non arrival of Technicians 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 act=
s of
nature, government,
labour disputes and delays in transport.
6. 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
safety protection repair and condition (subject as aforesaid) of the Equipm=
ent
until it is in the
possession of the Company.
7. During the continu=
ance
of the Agreement the Hirer shall pay to the Company by way of rent for
the hire of the Equip=
ment
and the Technicians, the Company’s hire charges as shown in the
Company’s current hir=
e catalogue,
or such other hire charges as may have been agreed in writing
between the Company a=
nd
the Hirer. To avoid any doubt the Hirer shall be liable for payment of
hire charges as from =
the
time for which the Equipment is ordered (which shall be the
commencement of the h=
ire
period) until either (i) the time of its return to the Company or (ii) if
the Equipment is lost=
or
stolen or is otherwise irrecoverable or is damaged then in any such case
the time of its
replacement or completion of repair and the Company undertakes to replace o=
r
repair the same as so=
on
as reasonably possible. A 24 hour period or part constitutes one days
hire.
8. Equipment must not=
be
used on any abnormal or hazardous assignment, taken out of the United
Kingdom or taken from=
the
ground other than on a regular scheduled flight by any airline
recognised by I.A.T.A.
without the previous consent of the Company. The obtaining of all
customs clearance
licenses and permits as shall be necessary to take the Equipment out of the=
United Kingdom is the sole responsibility of the Hirer. If any equipment taken out of the United<= o:p>
Kingdom is lost or
damaged or breaks down and the company agrees to replace the same or
similar, the Company’s
liability shall only extend to delivery of any replacement at an address in=
the United Kingdom if
originally delivered If the Hirer collects, the Company’s liability shall o=
nly
extend to the collect=
ion
address.
9. The Hirer shall pay
all delivery charges in addition to the hire charge.
10. The Hirer shall p=
ay
Value Added Tax at the current rate from time to time on and in addition to=
all
charges due to be pai=
d by
the hirer to the Company under the terms of the agreement.
11. In the event of a
cancellation of an order by the Hirer the Company reserves the right to mak=
e a
cancellation charge
without prejudice to any right or remedy available.
12. All other charges=
are
net and unless otherwise agreed between the Company and the Hirer shall
be due and payable on
completion of the hire. Completion is taken as when all items are
returned to the Compa=
ny,
excluding lost or damaged items. If any hire charge or other sum due
to the Company shall =
not
be paid by the Hirer on the date when the same shall be due and
payable the Hirer sha=
ll
be liable to pay interest upon such hire charge or other sum at the rate of=
5% per annum above the
base rate of HSBC Bank from time to time during the
period in which inter=
est
is payable from the due date until the actual date of payment.
13. The Equipment rem=
ains
at all times the property of the Company and the Hirer shall have no
right title or intere=
st
therein save that of a hirer thereof under these Conditions. The Hirer shal=
l
not sell or offer for
sale assign mortgage pledge under-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 interest is
personal to the Hirer and the Hirer will keep the Equipment in his own
possession for his own
use and will not allow any alien or other encumbrance to be created in
respect of the same.<= o:p>
14. The amount of the
deposit (if any) specified shall be returned to the Hirer without interest =
when
the equipment has been
returned to the Company and all charges and other monies due to the
Company under the ter=
ms
of the Agreement have been paid.
15. The Agreement may=
be
determined by the Company forthwith, by written notice given by the
Company to the Hirer,=
to
that effect on the happening of any of the following events:- namely if
the Hirer fails to pay
any charges hereunder within seven days of the same having become due
(whether demanded or
not), or fails to observe or perform any 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 subjec=
t
to a Receiving Order,=
or
makes any arrangement with or assignment for the benefit of the Hirer’s
creditors, or if dist=
ress
is levied or threatened on any of the Hirer’s property, or if the Hirer
abandons the Equipmen=
t.
16. The termination of the Agreement and the hire thereby created for any reason whatsoever shall<= o:p>
not affect any other
right or remedy of the Company against the Hirer, without prejudice, to the=
generality thereof sh=
all
not affect the right of the Company to recover from the Hirer any hire
charges and other mon=
ies
due to the Company at the date of such determination, and shall not
affect the Company’s
right to recover damages from the Hirer in respect of any breach of these
Conditions.
17. The rights of the
Company under the agreement shall not be affected at any time, by any time =
or
other indulgence gran=
ted
by the Company to the Hirer.
18. 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 f=
or
or in respect of loss or damage to persons or property howsoever caused
whether arising direc=
tly
or indirectly from the hire or use of the Equipment by the Hirer.
19. The Company reser=
ves
the right to subcontract all or any part of the Hirer’s order and to assign=
or otherwise deal in =
any
way whatsoever with the Company’s interest in the Equipment and in
the Agreement.
20. The Hirer is advi=
sed
not to use any original materials on in or in connection with the use of th=
e
Equipment and the Com=
pany
cannot accept any responsibility in connection with any loss or
damage to or in respe=
ct
of the same.
21. Insurance
(i) The Hirer underta=
kes
to Insure all hired Equipment supplied by the Company at its full
replacement value aga=
inst
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 Technician. Where the hirer effects
insurance the Hirer s=
hall
ensure the Company’s interest is noted by the insurers and shall notify
the Company according=
ly
and give such other details of the policy or policies as the Company
may require. Particul=
ars
of replacement values will be supplied by the Company on request.
Any insurance arrange=
d by
the Hirer shall be in terms not less favourable than the terms of the
Company’s Insurance.<= o:p>
(ii) In the event of =
any
loss, theft or damage the Hirer must notify the Company as soon as possible=
within a period of
24hours. In the case of theft or loss the Police must be informed at the fi=
rst
opportunity.
I ………………………………………………………. hereby
acknowledge on behalf of
………………………………………………… that I have rea= d, understood and accept the Digital Design & Media Limited terms and conditions which shall apply to all existing and future rental agreements.<= o:p>
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