Hire & Sales Terms and Conditions
1. DEFINITIONS AND LAW
1.1. "Hi-Lights" shall mean Hi-Lights Theatre Services Limited.
1.2. "the Equipment" shall mean goods, components and other items hired
or sold by Hi-Lights or any part thereof.
1.3. "the Customer" is the person, firm, corporate or public body hiring
or purchasing the Equipment. Any person purporting to act on behalf of
the Customer shall be bound by the Contract.
1.4. "Consequential loss" shall mean loss of profits, contracts or other
consequential loss or damages whatsoever.
1.5. "Interest" shall mean interest calculated in accordance with Clause
4.1
1.6. The Contract shall be interpreted and applied in accordance with
English Law and the parties to this contract
agree to submit to the exclusive jurisdiction of the English Courts.
2. HIRE TERMS
2.1. Charges
2.1.1. Hire charges commence from the date stated in the contract and
are payable for the period of hire
2.1.2. Equipment must be returned by 12 noon on the date specified in
the Contract in a clean and serviceable condition and the Customer must
obtain the supplier's receipt
2.1.3. Additional charges accrue at the full daily hire rate together
with consequential loss in the event of the breach of these conditions
or the equipment not being available for use by other customers
2.1.4. All cables must be returned coiled and taped with PVC tape and in
default a charge of £2 per cable will be made
2.1.5. Hi-Lights provides spare lamps and fuses with Equipment where
appropriate. These and any lamps and fuses
they replace must be returned with the Equipment and in default their
full replacement cost will be charged
2.1.6. All charges are payable on demand
2.2. Hire Period
2.2.1. The hiring period commences at 12 noon on the date specified in
the Contract and continues for the period specified in the Contract and
terminates at 12 noon on the last day of the hiring period
2.3. Power to Enter this Contract
2.3.1. The signatory to the contract warrants that they are duly
authorised on the Customer's behalf to enter into the contract and
hereby personally indemnifies Hi-Lights against all losses and costs
that may be incurred by Hi-Lights if this is not the case
2.4. Customer's Responsibilities
2.4.1. The Customer's responsibility for the Equipment commences on
receipt of the Equipment by the Customer or his agent or on delivery and
ends when the Customer is in possession of Hi-Lights' unqualified
receipt for the return of all the Equipment
2.4.2. The Customer shall not at any time sell, dispose or otherwise
part with control of the Equipment or attempt to do so
2.4.3. The Signatory to the Contract and the Customer jointly and
severally undertake with Hi-Lights that everyone who uses the Equipment
has been properly instructed in its safe and proper operation and will
ensure that every user is in possession of necessary instructional
material and further will not allow the Equipment to be misused
2.4.4. The Customer will at all times fully indemnify Hi-Lights against
any expense liability, financial loss claim or proceedings whatsoever in
respect of any personal injury or damage to or loss of any property
arising out of or in connection with the delivery hire use non use
repossession collection return or non return of the Equipment
2.4.5. Nothing in this clause shall affect the statutory rights of the
Customers or purport to exclude any liability which may not be excluded
under the Unfair Contract Terms Act 1977
2.5. Electrical Equipment
2.5.1. Any electrical Equipment should be used with plugs and/or sockets
as fitted
2.5.2. If other plugs or sockets are to be fitted by the Customer such
work shall be carried out by a competent person who shall also reinstate
the same to the original condition prior to redelivery. In this case
the customer will be charged for the PAT testing of such equipment at a
cost of £5.50 per test.
2.5.3. The Customer shall be responsible at all times to arrange a
proper supply of electricity for use with the Equipment and ensure that
the Equipment shall at all times be properly earthed
2.6. Equipment Maintenance and Reporting
2.6.1. The Customer shall ensure that the Equipment remains serviceable
and clean during the hire period
2.6.2. Any breakdown or unsatisfactory working of Equipment shall be
immediately notified to Hi-Lights.
2.6.3. The Customer shall under no circumstances attempt to repair the
Equipment without prior authorisation from Hi-Lights.
2.6.4. Any damaged or unsatisfactory Equipment must be returned to
Hi-Lights' premises for examination at the Customer's cost
2.6.5. If the Equipment is involved in any accident resulting in damage
to either the Equipment or other property or injury to any person the
Customer shall notify Hi-Lights immediately
2.6.6. Equipment must not be removed from any site originally specified
by the Customer or from any subsequently authorised site without prior
consent of Hi-Lights.
2.7. Compatibility of Equipment
2.7.1. The Customer shall ensure that the Equipment is compatible and
may safely be used with any other Equipment being used by the Customer
2.7.2. The Customer shall be responsible for ensuring that any equipment
is suitable for their purposes
2.8 Insurance
2.8.1. The Customer agrees to pay Hi-Lights the full retail cost of any
Equipment lost, stolen or damage beyond economic repair (without
deduction for usage wear tear or age)
2.8.2. The Customer shall insure the goods against the above liability
2.8.3. All monies received by the Customer from any insurance company or
third party in settlement of any claim shall be held in trust by the
Customer and paid to Hi-Lights on demand to the extent that any such
payment is due under this clause
2.8.4. The Customer shall not compromise or settle any claim without the
express consent of Hi-Lights
2.8.5. In the case of Equipment which is lost, stolen or damaged beyond
economic repair the Customer shall pay a
charge at the full daily rate together with interest and consequential
loss until the Equipment is replaced
2.9. Condition of Returned Equipment
2.9.1. The Customer is fully responsible for care safe keeping and
return in good order of the Equipment.
2.9.2. The Customer will reimburse all costs incurred by Hi-Lights in
rectifying the condition of any Equipment returned damaged or unclean
and shall in addition pay a charge at the full daily hire rate together
with interest and any consequential loss until rectification
2.10 Termination of Hire
2.10.1 Hi-Lights shall be entitled to terminate the contract with
immediate effect and to repossess the Equipment if at any time:
(a) The Customer is in breach of these terms; or
(b) The Customer shall take any steps or if any act or proceeding is
commenced in which the Customer's solvency is in the reasonable view of
Hi-Lights in doubt. Such termination shall not affect the right of
Hi-Lights to recover from the Customer any monies due under this
contract interest consequential loss or damages for breach
2.10.2. The Customer hereby authorises Hi-Lights to enter upon any
property upon which Hi-Lights reasonably believe any Equipment to be and
Hi-Lights in their absolute discretion may recover and remove the
Equipment
2.11. The Customer hereby authorises Hi-Lights (notwithstanding any
subsequent instruction to the contrary after the date of the
commencement of the Contract) to deduct any sums properly due to
Hi-Lights arising under a breach of these terms from any credit card
debit card or charge account details of which are in the possession of
Hi-Lights.
3. CONDITIONS AS TO SALE
3.1. Risk in Title
3.1.1. The risk in the Equipment shall pass to the Customer immediately
on delivery to the Customer at the address shown for delivery on the
contract or if the Customer collects on collection
3.1.2. Property and title in the Equipment shall remain vested in
Hi-Lights we reserve the right to dispose of the Equipment until such
time as the price shall have been paid in full
3.1.3. If any part of the payment is overdue or if the Customer is in
breach of any of these terms or if the Customer or any third party shall
take any steps or any act or proceeding in which in the reasonable view
of Hi-Lights the Customer's solvency is in doubt Hi-Lights may (without
prejudice to any of Hi-Lights' other rights) recover or resell the
Equipment and may enter upon the Customer's or any third parties
property for that purpose
3.2. Receipt
3.2.1. The Customer or any duly authorised person on behalf of the
Customer shall receive and unload the Equipment and shall check the same
for quantity and condition in the presence of Hi-Lights' carrier
3.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by
the Customer or a duly authorised person on behalf of the Customer on
the delivery document and the Customer shall give written confirmation
to Hi-Lights within three days of deliver
3.2.3. No claim in respect of shortage of or unsatisfactory condition of
the Equipment shall be entertained by Hi-Lights unless condition 3.2.2.
is observed
3.2.4. This condition does not affect the statutory rights of the
Customer
3.3. Price
3.3.1. The price charged will be the price ruling at the time of
delivery. Where this is at variance with the price quoted or inserted in
the contract at the time the goods were ordered the Customer will be
advised prior to delivery
3.4. Payment
3.4.1. Where account facilities have been granted to the Customer in
writing all invoices must be paid within 30 days of invoice date
3.4.2. Where no such facilities have been granted payment will be with
order or where previously agreed on delivery
4. CONDITIONS APPLICABLE TO BOTH HIRE AND SALE
4.1. Payment and Interest
4.1.1. Where payments are not made on the due date. Hi-Lights will be
entitled to interest on the amount that is overdue at Investec Bank (UK)
Ltd. base rate prevailing for the period for which such monies are
overdue together with 4% calculated on a day to day basis compounded
with quarterly rests
4.1.2. The payment of such interest shall be without prejudice to any
other rights or remedies of Hi-Lights.
4.1.3. Any legal or other charges incurred in the recovery of money or
equipment shall be paid by the Customer
4.1.4. Notwithstanding any provision in these terms of business to the
contrary the customer shall if required by Hi-
Lights pay such sum on account of the hire charges or price for goods
and or services as shall be agreed at the time
of placing the order
4.2. Liability
4.2.1. Hi-Lights' liability for any defect in the equipment shall be
limited to and in no case exceed:
(a) any manufacturer's warranty sold with the equipment; or if there
shall be none
(b) replacement or repair of the defective equipment; or
(c) at Hi-Lights' option a refund of the price
4.2.2. Consequential losses. Nothing in these terms and conditions shall
make Hi-Lights liable for any consequential loss to the Customer
including any expense liability loss claim or proceeding whatsoever
caused by or arising out of the late delivery non delivery unsuitability
incompatibility or unlawful repossession of the Equipment or any part
thereof or any breakdown or stoppage of the same
4.3. Injury to Persons and Damage to Property
4.3.1. Subject to 4.2. above Hi-Lights shall not be liable for any loss
other than that which directly arises from any injury to persons or
damage to tangible property where and only to the extent that such
injury or damage is caused by any defects in the Equipment and where
such defect is caused by the negligence of Hi-Lights.
4.4. Rights Reserved
4.4.1. Any failure by Hi-Lights to enforce any or all of these
conditions shall not be construed as a waiver of any of Hi-Lights'
rights hereunder
4.4.2. If any term in this contract shall be held invalid such
invalidation shall not affect the validity of the remaining terms
4.5. Terms of Contract
4.5.1. These conditions have effect in substitution for and to the
exclusion of any condition put forward by the Customer
4.6. Delivery and Carriage
4.6.1. All times quoted or stated for delivery are approximate only
4.6.2. Hire charges or sale prices do not include carriage. Any expenses
incurred by Hi-Lights in delivery or recovering equipment or attempting
the same will be paid by the Customer
4.6.3. Where carriage charges are quoted by Hi-Lights Theatre Services
such charges will include only for the time to load or unload alongside
the Hi-Lights' vehicle at the address specified by the Customer. Further
time or attendance will be paid for by the Customer
4.7. Copyright
4.7.1. Hi-Lights notifies the Customer that playing or showing copyright
material in circumstances where the Customer or anyone authorised by
him does not hold the appropriate Licence of the copyright holder he
will infringe copyright and may become liable in damages for so doing
4.7.2. The Customer by accepting delivery of sound or visual
reproduction equipment warrants that he has or will obtain the
appropriate Licence for the said performance playing or showing, prior
to using the equipment for the said purpose
