The ‘Customer’ is the company, organisation or individual hiring the equipment from Henley Theatre Services (HTS), whose registered office is is Hawes Farm, Lower Assendon, Henley on Thames RG9 6AN.
‘Contract’ is the contract for hire of equipment by the Customer from HTS, incorporating these terms and conditions.
‘Equipment’ is the equipment covered under the Contract or any portion thereof.
‘Hire Period’ is the period commencing on the date of collection or despatch of the Equipment from HTS’s premises and ending on the date of return of the Equipment to HTS’s premises.
‘Hire Charge’ is the weekly charge payable by the Customer to HTS based on the unit rates as advised to the Customer.
‘Hire Location’ is the location (or locations in case of a touring production), wholly within England and Wales as detailed in the Hire Contract, at which the Customer shall use the Equipment
Any request for hire of Equipment shall be made in writing by a Customer but no contract shall be entered into between HTS and the Customer until HTS has accepted and acknowledged in writing the Customer’s request for hire. Any contract shall be subject to these terms and conditions which shall prevail over any other terms and conditions. The Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales and shall be governed and construed under English law.
3. HIRE TERMS:
HTS hereby hires to the Customer the Equipment, for use in the Hire Location, for the Hire Period, at the Hire Charge. Specifications, particulars, descriptions and drawings issued by HTS should be considered as approximations to present a general impression and shall not form a part of the Contract.
4. HIRE CHARGE:
For hires of up to a fortnight, the Customer shall pay to HTS the full Hire Charge in advance of commencement of the Hire Period. For longer Hire Periods, payments shall be made at fortnightly intervals in advance. Where credit facilities are granted to the Customer by HTS, invoices shall be payable within 7 days by the Customer, unless otherwise agreed by HTS.
Production services, packing, delivery, and collection shall be charged additionally by HTS and shall be invoiced and payable on the same basis.
VAT shall be charged additionally at the prevailing rate.
In case of any overdue payments, the Customer shall pay interest charges to HTS for the delay period, calculated on a daily basis at the prevailing base rate of National Westminster Bank PLC plus 4% per annum.
In case of delivery of Equipment by HTS or by a carrier, the dates and times agreed are approximate only and HTS shall not be liable for any delays to the Equipment for whatsoever reason.
The risk in the Equipment shall pass to the Customer upon delivery.
The Customer shall inspect all Equipment on receipt and within one working day of such, shall notify HTS in writing by fax or email, of any damage or shortages. The Customer shall return damaged equipment to HTS or retain it for inspection by the carrier, as required by HTS.
In case the Customer fails to notify HTS of damages or shortages within one working day of receipt, or in case the Customer fails to follow HTS instructions in respect of return or inspection, the Customer shall pay to HTS the full cost of repair or replacement of the Equipment in addition to the full Hire Charge for the period that the equipment is absent from HTS’s premises.
In the event that the value of the Equipment is in excess of £100 (as notified by HTS) the Customer shall insure the Equipment against loss, damage and all risks for its full replacement cost, as advised by HTS for the full Hire Period. Insurance shall be effected with a reputable insurance company acceptable to HTS.
Costs of loss and damage shall be reimbursed by the Customer to HTS immediately on receipt of payment by the Customer from the insurer, or at latest, at 30 days from date of incurrence of the loss or damage, whichever shall be the sooner.
7. USAGE OF EQUIPMENT:
The Customer shall ensure that the Equipment is installed and operated by competent persons in accordance with prevalent regulations, especially those in respect of Health & Safety, Electrical Safety and Lifting Operations. The Customer shall install and use the Equipment in a weatherproofed, indoor environment, except where the order acknowledgement specifically provides for outdoor usage.
The Customer shall be responsible for all costs incurred by HTS to rectify damage or deterioration of the Equipment in consequence of improper use.
HTS shall have the right to inspect the Equipment at the Hire Location at any time between 9.00 am and 9.00 pm throughout the Hire Period.
8. TITLE, SALE AND RE-HIRE:
Ownership of the Equipment shall at all times remain with HTS. The Customer is not permitted to sell or re-hire the Equipment other than in the case of re-hire by recognised lighting hire or event management companies and as specifically agreed by HTS in writing and on terms approved by HTS.
The Customer shall be wholly responsible and hold HTS indemnified against all loss or damages, liabilities, claims, demands and legal proceedings that may arise as a consequence of any accident or default involving the Equipment.
The liability of HTS for any defect in the Equipment shall in no case exceed either:
a. The manufacturer’s warranty for Equipment under warranty, or
b. The costs of replacement or repairs of defective equipment, or
c. A refund of the Hire Charge for the period that the faulty Equipment remains unserviceable.
11. TERMINATION OF HIRE:
HTS may terminate the Contract for Hire in the event that:
a. The Customer is in default in payment of Hire Charges, or
b. The Customer commits a material breach of their obligations herein, or
c. The Customer enters into liquidation, administration, receivership or any arrangement with its creditors.
On termination of the Contract, the Customer agrees to return the Equipment to HTS within one working day. In the event of their failure to so do, the Customer authorises HTS to enter any premises where HTS reasonably considers the Equipment to be located for the purposes of recovery and removal of the Equipment.
Any termination of the Contract shall not affect the rights or liabilities of either HTS or the Customer.
12. FORCE MAJEURE:
While HTS undertakes to use its best endeavours to implement all obligations under the Contract in a timely and efficient manner, it cannot accept any responsibility for any failure or delay for whatsoever reason caused by circumstances beyond its control.