Terms & Conditions of hire
1.1 In these conditions:-
1.1.1 “Contract” means a contract for the hire of Equipment and/or the provision of Services concluded by the acceptance by EEP of an order pursuant to condition 2 hereof;
1.1.2 “Equipment” means the equipment described in the Contract or any individual item thereof;
1.1.3 “EEP” means Emphasis Event Production Ltd.;
1.1.4 “Hirer” means the person, persons, firm or company placing an order with EEP;
1.1.5 “Hire Charge” means the charge payable by the Hirer to EEP for the hire of the Equipment and/or for provision of the Services such as delivery, collection and provision of crew personnel;
1.1.6 “Services” means any additional services provided by EEP to the Hirer, such as delivery or collection of Equipment and provision of crew personnel;
1.1.7 “Hire Period” means the period starting on the date that the Equipment is delivered to, or made available for collection by the Hirer and ending when the Equipment is returned to, or collected by, EEP. EEP will use its reasonable endeavors to have the Equipment available for delivery or collection on the date specified in the Contract but shall not incur any liability to the Hirer whatsoever in the event of any delay
1.2 The headings in these Conditions are for ease of reference only and shall not effect their interpretation.
2.1 EEP shall only accept a written order for hire of Equipment or provision of Services. Unless otherwise agreed, the acceptance of the Hirer’s order by an authorised employee of EEP shall constitute the Contract, which shall be subject to these Conditions. Any terms and conditions in the Hirer’s order or other documentation of whatsoever kind, which are inconsistent with these Conditions, shall have no effect.
3.1 If the Hirer cancels an order received by EEP whether in writing or not, EEP reserves the right to make a cancellation charge as follows:-
3.1.1 Within 14 days of the first date of the hire, 50% of the full fee shall become due and payable (less any deposit already paid by the Hirer) subject to Clause 5 herein
3.1.2 Within 7 days of the first date of the hire, 100% of the full fee shall become due and payable (less any deposit already paid by the Hirer) subject to Clause 5 herein
4. Hire of Equipment.
4.1 EEP hereby hires to the Hirer the Equipment for the Hire Charge for the duration of the Hire Period.
4.2 EEP reserves the right to supply equipment of a similar design to the Equipment in the event of any items of the Equipment being unavailable to the Hirer.
4.3 Due to continuing development, EEP reserves the right to change specifications for the Equipment without notice.
5. Hire Charge.
5.1 The Hirer shall pay to EEP the Hire Charge, including any charges for the provision of Services within 30 days of the date of delivery of an invoice for such charges by EEP. Time shall be of the essence in respect of the payment of all sums due under this Contract and the Hirer shall be deemed to have repudiated this Contract if any Hire Charges or other payments remain unpaid for more than 14 days after becoming due, whether demanded or not.
5.2 All sums due from the Hirer to EEP hereunder shall attract VAT at the current rate.
5.3 EEP reserve the right to charge the Hirer interest at the rate of 3% per month above the mean base rate for the time being on all invoices which are not paid in accordance with Condition 4.1 hereof. Such interest shall be calculated from 30 days after the date of the invoice until actual payment and shall be payable after as well before any judgment obtained in respect thereof.
6.1 The Equipment shall at all times remain the property of EEP and the Hirer shall have no rights to the Equipment other than as hirer and the Hirer shall not do or permit to be done any matter or thing whereby the rights or EEP in respect of the Equipment are or maybe prejudicially affected. In particular, the Hirer shall not sell, assign, mortgage, charge, hire or otherwise dispose of the Equipment or any part thereof.
7. Loss, Damage and Insurance.
7.1 In the event of any loss or damage to the Equipment the Hirer shall pay for its replacement, or the cost of restoring it to good working order, or allow EEP or its agent to carry out such work at the Hirer’s expense.
7.2 The Hirer shall during the Hire Period (without prejudice to the liability of the Hirer to Owner pursuant to Condition 6.1) keep the Equipment insured for its replacement value with a reputable insurance company against loss and damage from all risks (including third party risks). The Hirer shall on demand show to EEP the policy, premium receipts and insurance certificate and shall not use or allow the Equipment to be used for any purpose not permitted by the terms and conditions of said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.
7.3 The Hirer shall immediately notify EEP of any loss of or damage occurring to the Equipment. Where such loss or damage is covered by the Hirer’s insurance, the Hirer shall hold any monies received under such policy of insurance on trust for EEP, and shall pay or apply the same as EEP may direct.
8. Hirer’s Indemnities.
8.1 The Hirer shall be solely responsible for and hold EEP indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by EEP as a result of any usage of the Equipment (other than death or personal injury resulting from the negligence of EEP, its employees or agents).
8.2 The Hirer shall be solely responsible for and hold EEP indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by EEP as a result of any breach or default on the part of the Hirer in the discharge or its obligations under the Contract.
9. Limitations of Liability.
9.1 EPP shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of EEP:-
9.1.1 Loss of profits, business, revenue, goodwill or anticipated savings whether sustained by the Hirer or any other person ; or
9.1.2 Special, indirect or consequential loss other than direct physical damage to tangible property of the Hirer or any other person; or
9.1.3 Any loss arising from any claim made against EEP by any third party.
10.1 EEP shall have the right to terminate the Contract forthwith by giving notice in writing if the Hirer:-
10.1.1 Fails to make payment of the Hire Charge or any other sum payable under the Contract within 14 days of its becoming due (whether demanded or not); or
10.1.2 Commits a breach of any of the terms and conditions of the Contract, whether express or implied, and fails to remedy such breach within a reasonable period of time; or
10.1.3 Being a body corporate:-
10.1.3.1 Enters into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction without
10.1.3.2 Compounds or makes any arrangement with its creditors; or
10.1.3.3 Is the subject of an application for an administration order or any proposal under Part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts; or
10.1.3.4 Has a receiver or manager appointed over all or any of its undertaking or assets, or is deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or
10.1.3.5 Is struck off the Register of Companies or otherwise dissolved; or
10.1.4 Being an individual, should die, suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him, or enter into a voluntary arrangement or be served with a Statutory Demand or a petition for a bankruptcy order; or
10.1.5 Has any distress, execution or other legal process levied on or against the Equipment or any part thereof or against any premises where the Equipment may be or against any of the Hirer’s goods or other property, or if the Hirer permits any judgment against it to remain unsatisfied for 7 days.
11. Consequences of Termination
11.1 Any termination of a Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party.
11.2 On termination of a Contract (howsoever occasioned) the Hirer shall no longer be in possession of the Equipment with the consent of EEP and shall unless otherwise agreed with EEP return the equipment to EEP in good working order. In the event that the Hirer fails to return the Equipment to EEP within 2 days of termination of the Contract under Clause 9 hereof, the Hirer unconditionally authorises EEP, its servants or agents to enter onto the Hirer’s premises to retake possession of the Equipment.
11.3 Upon any termination under Clause 9 hereof the Hirer shall pay to EEP:-
11.3.1 all arrears of Hire Charges then due and all other sums accrued by the Hirer and unpaid as at the date of termination, together with any interest thereon, and
11.3.2 the cost of all repairs to the Equipment which may be required as at the date of termination; and
11.3.3 any other sums which are or may become due to EEP or to which EEP is entitled to recover by way of damages.
12. Force Majeure
12.1 Although EEP shall use all reasonable endeavors to discharge its obligations under the Contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
13.1 No neglect, delay or indulgence by EEP in enforcing any terms of the Contract shall prejudice the rights of EEP or be construed as a waiver.
13.2 The Hirer hereby waives all and any future claims and rights of set off against any sums due to EEP under the Contract or at all regardless of any equity, set off or counterclaim on the part of the Hirer against EEP.
13.3 Any notice hereunder may be served by sending it by pre-paid first class mail to the address stated herein, or by transmission of fax or e-mail. In proving the service of any notice sent by post it will be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effected on the second business day following the date of posting.
13.4 The Hirer shall not assign or otherwise transfer all or any part of the Contract.
13.5 Any term of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other term of the Contract.
13.6 The formation, construction and performance of the Contract shall be governed by English law. The parties hereby agree to submit to the exclusive jurisdiction of the English Courts.