In these condition unless the context otherwise appears the following words and expressions shall have the following meanings:-
i. “These Conditions” – Means the conditions of hire herein contained.
ii. “The Company” – Means DBpixelhouse Ltd, incorporated and registered in England with company number 2995233 whose registered office is at Spectrum 800, Ashchurch Business Centre, Tewkesbury, Gloucestershire, GL20 8TD
iii. “The Hirer/Client” – Means the person, firm or company who or which has agreed to Hire the Equipment from the Company as set out in the Order Form.
iv. “The Equipment” – Means the Equipment specified overleaf or on the invoice of The Company together with (if any) the accessories and flight cases specified overleaf and any part or parts of the same.
v. “Loss and Damage Waiver Premium” means such extra charge as set out in the Order Form.
vi. “Order Form” Means the order form attached to these Terms and Conditions of Hire.
vii. “The Technicians” – Means the employee(s) agent(s) or Subcontractor(s) of the Company (if any) supplied with the Equipment to operate the same the number of which (if any)
shall be specified in the Order Form.
viii. “The Agreement” – Means the agreement between the Company and the Hirer for the Hire of the Equipment comprising the Order Form and these Terms and Conditions of Hire
The Agreement is subject to these Terms and Conditions of Hire which supersede all previous communications, representations, and agreements whether written or oral and no additions or alterations to these Terms and Conditions of Hire shall be binding on the Company unless agreed in writing and signed by a duly authorised officer 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 the provisions of this paragraph and in the case of any conflict between such terms and conditions and these Terms and Conditions of Hire the latter shall prevail.
Payment – All hire and other charges are net of VAT and shall be due and payable as follows:
i. Where the Hirer has an account with the Company: 50% of the total charges shall be payable immediate on order and the balance no later than 30 days prior to the “equipment out date” as set out in the Order Form;
ii. Where the hirer does not have an account with the Company or where the order is made within 30 days of the applicable event: 100% of the total charges shall be payable immediate on order. The Company reserves the right to suspend performance of the Order if it has not been paid all charges in full 14 days prior to the date of the applicable event.
iii. 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 shall be liable to pay interest upon such hire charge or other sum at the rate of 5% per annum above the base rate of RBS Bank from time to time during the period in which interest is payable from the due date until the actual date of payment.
iv. If the Client fails to pay any amount payable by it under this agreement, DBpixelhouse may charge the Client interest on the overdue amount (payable by the Client immediately on demand) from the due date up to the date of actual payment, after as well as before judgment, at the rate of 3% per annum above the base rate for the time being of HSBC Bank plc. Such interest shall accrue on a daily basis and be compounded quarterly. DBpixelhouse may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002
DBpixelhouse Ltd Terms & Conditions – AV Hire
1. The Company endeavours to ensure that the Equipment is sound and in good order and condition 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 in all respects (including type and condition) for the purpose for which it is hired. Upon delivery or collection Equipment shall be examined and checked by the Hirer before being taken into use and if found to be defective or deficient will be replaced or defects of deficiencies remedied by the Company without additional charge but in no circumstances shall the Company be liable for any loss or damage of whatever kind however caused arising out or in connection with the use of or the inability to use the Equipment. Acceptance of delivery by the Hirer shall constitute conclusive evidence that the Hirer has examined the Equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. Unless the Hirer has paid the Loss and Damage Waiver Premium, the risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery. Unless the Hirer has paid the Loss and Damage Waiver Premium, the Equipment shall remain at the sole risk of the Hirer during the period in which the Equipment is in the possession, custody or control of the Hirer until such time as the Equipment is redelivered to or collected by the Company. The Hirer shall use or cause to be used the Equipment in a skilful and proper manner and shall at his own expense keep it in good and substantial repair and condition (save for fair wear and tear) and further shall take all precautions necessary to ensure its safety and security. The Hirer will not open the outer case (if any) of the Equipment or of any item or part thereof nor interfere in any way with the Equipment or the mechanism thereof or any nameplate or signs or serial numbers thereon and will not expose the Equipment to the elements (in particular to salt water and spray) and will keep the Equipment protected in all respects. The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment.
2. Any order or instruction required to be given to the Company by the Hirer shall be given by him or his duly authorised agent 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 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 Technician.
3. The Equipment shall 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 use its reasonable endeavours to comply with any time schedules but will accept no liability for 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 due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes and delays in transport.
4. 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 termination of the hire the Hirer shall remain fully responsible for the safety protection repair and condition (subject as aforesaid) of the Equipment until it is in the possession of the Company.
5. During the continuance of the Agreement the Hirer shall pay to the Company by way of rent for the hire of the Equipment and the Technicians the Company’s hi re charges as set out in the Order Form. For the avoidance of 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 hire 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 repair. A 24-hour period or part thereof constitutes one day’s hire.
6. In the event, that the actual cost to the Company of any expenses (such as flights and accommodation) listed in the Order Form is 5% or greater than the amounts specified in the Order Form then the Company may invoice, and the Hirer shall be obliged to pay the actual costs incurred by the Company subject to receipt of suitable evidence.
7. The Company reserves the right to charge the Hirer, and the Hirer shall pay, for any reasonable additional costs (including unbudgeted overtime payments to employees and contractors) caused by the Company’s performance of its services under this agreement being prevented or delayed by reasons outside the Company’s reasonable control, such as any premises or facilities in which such services are to be delivered not being available in a fit state for the safe performance of the Company’s services at the time agreed with or no tified by the Hirer to the Company.
8. Without the previous consent in writing of the Company, 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. The Hirer shall be solely responsible for obtaining all customs clearance licences and permits as shall be necessary to take the Equipment out of the United Kingdom. If any Equipment taken out of the United 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 the Hirer collects, the Company’s liability shall only extend to the collection address.
9. In addition to the Hire charges for the Equipment the Hirer shall pay all delivery charges.
10. The Hirer shall pay Value Added Tax at the rate current in addition to all charges due to be paid by the Hirer to the Company under the terms of the Agreement.
11. Without prejudice to any other right or remedy available to the Company in the event of the cancellation of an order by the Hirer the Company reserves the right to make a cancellation charge as follows: –
Notice of Cancellation Early cancellation charge
|Notice Given of Cancellation||% of Total Hire Charges|
|15 days or more||50% of Total Hire Charges|
|7 – 14 days||75% of Total Hire Charges|
|Less than 6 days||100% of Total Hire Charges|
These time periods relate to the “equipment out date” as set out in the Order Form and are based on the number of days before such date that the Company receives a notice of cancellation in writing from the Hirer. The “Total Hire Charges” exclude any expenses (including any transport, travel and accommodation expenses) incurred or committed to by the Company prior to the date of receipt of any notice of cancellation by the Hirer. The Company shall invoice the Hirer for any such expenses plus the early cancellation charges set out above as soon as practical after receipt of the notice of cancellation and the Hirer shall pay such invoices without deduction or set off within 7 days of the date of such invoice.
12. The Equipment remains at all times the property of the Company and the Hirer shall have no right title or interest therein save that of a hirer thereof under these Conditions. The Hirer shall not sell or offer for sale assign mortgage pledge underlet 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.
13. The amount of the deposit (if any) specified in the Order Form 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 terms of the Agreement have been paid. The Company shall have the right to set off against any such deposit all unpaid charges, interest or other amounts due to the Company under the terms of this Agreement.
14. 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 subject to a Receiving Order or makes any arrangement with or assignment for the benefit of the Hirer’s creditors or if distress is levied or threatened on any of the Hirer’s property or if the Hirer abandons the Equipment.
15. The termination of the Agreement and the hire thereby created for any reason whatsoever shall not affect any other right or remedy of the Company against the Hirer and without prejudice to the generality thereof shall not affect the right of the Company to recover from the Hirer any hire charges and other monies 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.
16. Any time or other indulgence granted by the Company to the Hirer shall not affect the rights of the Company under the Agreement.
17. Limitation of liability
i. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
ii. Nothing in these conditions excludes the liability of the Company:
a) for death or personal injury caused by the Company’s negligence; or
b) for fraud or fraudulent misrepresentation.
iii. Subject to condition 20 (ii), the Company shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:
a) loss of profits; or
b) loss of business; or
c) depletion of goodwill or similar losses; or
d) loss of goods; or
e) loss of contract or opportunity; or
f) loss or corruption of data or information; or
g) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. iv. The Company’s total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with each separate supply of Equipment or services under this Agreement shall be limited to the price paid by the Hirer in connection with such Equipment or services only. For clarity, where Equipment or services supplied under this Agreement are documented by a separate written order provided by the Company (“Work Order”) then the Company’s aggregate liability for claims arising in connection with that Work Order shall be the price paid by the Hirer in connection with that Work Order only.
18. The Company reserves 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.
19. The Hirer is advised not to use any original materials on in or in connection with the use of the Equipment and the Company cannot accept any responsibility in connection with any loss or damage to or in respect of the same.
20. The Agreement shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the English Courts
21. Equipment Loss or Damage
(i) In the event that the Hirer pays the Loss and Damage Waiver Premium then the Company shall be responsible for the repair and or replacement of Equipment damaged, lost or stolen whilst in the possession or control of the Hirer excluding tablets and mobile devices which are not covered by the Loss and Damage Waiver Premium, save where the Equipment is damaged, lost or stolen as a result of the fraud, theft, wilful neglect or negligence of the Hirer where the Hirer will continue to be responsible for repair or replacement.
For clarity, if a Hirer or its contractor(s) causes damage to the Equipment in the course of setting up for an event by cutting, stapling or painting such Equipment then this will be treated as the Hirer’s negligence.
(ii) In the event that the Hirer does not pay the Loss and Damage Waiver Premium then the Hirer shall be obliged to insure the Equipment for its full replacement value (and shall on request provide evidence of this insurance to the Company) and shall be responsible for all the costs associated with the repair and/or replacement of Equipment damaged, lost or stolen whilst in the possession or control of the Hirer.
(iii) In the event of any loss, theft or damage to the Equipment the Hirer must notify the Company within a period of 24 hours.
(iv) In the case of theft or loss the Police must be informed at the first opportunity.