Policies & StatementsTerms of Business1. DEFINITIONS AND LAW
1. 1. "the Equipment" shall mean goods, components and other items hired or sold by EventRent Ltd. or any part thereof
1.2. "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
1.3. "Consequential loss' shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.4. "Interest' shall mean interest calculated in accordance with Clause 4.1
1.5. 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 or use by other customers
2.1.4. All cables must be returned coiled and taped and in default a charge of £2 per cable will be made
2.1.5. EventRent Ltd. 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 EventRent Ltd. against all losses and costs that may be incurred by EventRent Ltd 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 EventRent Ltd. 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 EventRent Ltd. 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 EventRent Ltd. 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
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 EventRent Ltd.
2.6.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from EventRent Ltd.
2.6.4. Any damaged or unsatisfactory Equipment must be returned to EventRent Ltd.' 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 EventRent Ltd. 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 EventRent Ltd.
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 EventRent Ltd. 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 EventRent Ltd. 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 EventRent Ltd.
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 EventRent Ltd 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. EventRent Ltd. 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 EventRent Ltd. in doubt.
Such termination shall not affect the right of EventRent Ltd. 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 EventRent Ltd. to enter upon any property upon which EventRent Ltd. reasonably believe any Equipment to be and EventRent Ltd. in their absolute discretion may recover and remove the Equipment
2.11. The Customer hereby authorises EventRent Ltd. (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to EventRent Ltd. arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of EventRent Ltd.
3. CONDITIONS AS TO SALE
3.1 Ordering of Products
When placing an order for any Product, the Customer shall state, specifically, which Products the Customer wishes to purchase and shall also at the same time confirm to EventRent Ltd, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by EventRent Ltd. All orders are made subject to acceptance by the Customer of these Terms.
3.1.1 Fulfilment of any order for Products is subject to stock availability and acceptance by EventRent Ltd of the Customer's order. EventRent Ltd is under no obligation to fullfil any Customer order.
3.1.2 EventRent Ltd uses digital encrypting software to help in protecting the Customer's credit card details and any other Customer data, which is imparted online to EventRent Ltd. EventRent Ltd also uses all reasonable endeavours to ensure compliance with the Data Protection legislation in force from time to time. Every reasonable effort will therefore be made by EventRent Ltd to keep details of a Customer's order and payment details secure. EventRent Ltd will not release any credit card or financial information of a Customer without the Customer's consent. For the avoidance of doubt, in the event the Customer suffers any financial loss as a consequence of providing credit card details and the like online, EventRent Ltd shall have no liability to the Customer whatsoever.
3.2. Risk in Title
3.2.1. 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
3.2.2. Property and title in the Equipment shall remain vested in EventRent Ltd. and EventRent Ltd. reserve the right to dispose of the Equipment until such time as the price shall have been paid in full
3.2.3. 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 EventRent Ltd. the Customer's solvency is in doubt EventRent Ltd. may (without prejudice to any of EventRent Ltd.' other rights) recover or resell the Equipment and may enter upon the Customer's or any third parties property for that purpose.
3.3. Receipt
3.3.1. 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 EventRent Ltd.' carrier
3.3.2. 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 EventRent Ltd. within three days of delivery
3.3.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by EventRent Ltd unless condition 3.3.2. is observed.
3.3.4. If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier / courier, EventRent Ltd shall use its best endeavours to replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage.
3.3.5 Products are not delivered on a trial basis. The Customer shall upon receipt inspect the Products and if the Products conform to the Customer's contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3.3.6. This condition does not affect the statutory rights of the Customer
3.4. Price
3.4.1 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.
3.5 Payment
3.5.1 All prices quoted by EventRent Ltd to the Customer are in pounds sterling and shall be exclusive of Value Added Tax (unless stated otherwise) and delivery charges, details of which may be obtained by the Customer on the EventRent Ltd website.
3.5.2 EventRent Ltd accepts, as a method of payment the following:- Visa, MasterCard, Mastro, Solo, Switch, Delta. EventRent Ltd also accepts cash / cheques / BACS.
3.5.3 Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date
3.5.4. 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 EventRent Ltd will be entitled to interest on the amount that is overdue at Barclays Bank plc base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day-to-day basis
4.1.2. The payment of such interest shall be without prejudice to any other rights or remedies of EventRent Ltd.
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 EventRent Ltd 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. EventRent Ltd.' 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 EventRent Ltd.' option a refund of the price
4.2.2. Consequential losses
Nothing in these terms and conditions shall make EventRent Ltd 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 Warranty & Guarantee
4.3.1 All goods sold are covered by the manufactures warranty.
4.3.2 EventRent Ltd. offer the purchaser an exchange for new or cash refund policy for any product which fails within the first seven days from purchase, on the understanding that the product is returned in the original condition supplied.
4.3.3 New products or warranty goods if found faulty must be returned to EventRent Ltd. At the purchaser's expense. A repair or replacement (see condition 4.3.2 above) will be returned at EventRent Ltd's expense.
4.3.4 All returns must obtain a returns number by contacting EventRent Ltd prior to dispatch of goods.
4.3.5 Account customers can obtain advance replacements prior to return of the faulty items, these units will be invoiced and a credit note issued on receipt of faulty goods, subject to goods being returned in the original condition supplied (see condition 4.3.2 above). Non account customers must return the faulty item in advance of replacement.
4.3.6 All mixers warranty excludes crossfaders. Loudspeakers and diaphragm warranty will only be covered when the manufacturer has checked the faulty unit, and the damage is not caused by overdriving. A credit will then be issued.
4.3.7 Proof of purchase of any returned warranty item must be given by the purchaser, this includes the original invoice number and date of purchase.
4.4. Injury to Persons and Damage to Property
4.4.1. Subject to 4.2, above EventRent Ltd. will 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 EventRent Ltd.
4.5. Rights Reserved
4.5.1. Any failure by EventRent Ltd. to enforce any or all of these conditions shall not be construed as a waiver of any of EventRent Ltd.' rights hereunder
4.5.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms
4.6. Terms of Contract
4.6.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
4.7. Delivery and Carriage
4.7.1. All times quoted or stated for delivery are approximate only
4.7.2. Hire charges or sale prices do not include carriage. Any expenses incurred by EventRent Ltd. in delivery or recovering equipment or attempting the same will be paid by the Customer
4.7.3. Where carriage charges are quoted by EventRent Ltd. such charges will include only for the time to load or unload alongside the EventRent Ltd.' vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer
4.8. Copyright
4.8.1. EventRent Ltd. 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
4.8.2. 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
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