The following terms and conditions constitute the entire agreement between you (the Hirer) and ES Lighting Hire Ltd (the Owners) for the hire of certain equipment. Unless otherwise agreed in writing by the Owners, these terms and conditions will apply to all transactions between the Hirer and the Owners. This is therefore to the exclusion of any other terms and conditions put forward.
The charges for rental shall be agreed at the commencement of the hire and shall therefore be invoiced in advance.
For an installation, a deposit of 25% is due upon confirmation of hire. Subsequently, the balance is due within 30 days of the invoice date. Generator fuel will be invoiced separately.
For equipment only hire, the invoice is to be paid in full before equipment is shipped.
It should be noted that discounts are given at the Owners discretion. These discounts are also only valid providing that payment is cleared within 30 days of the invoice date. Otherwise, the original amount will be due and the discount is void.
All equipment is offered subject to availability. We, therefore, reserve the right to substitute alternative but equivalent items where necessary.
The tender price is valid for 30 days only.
Equipment is reserved for 30 days from the date of tender only. The hire is confirmed on receipt of either a confirmation form or a Purchase Order. This is to be accompanied by a deposit or full payment (see HIRE CHARGES).
The hire period shall commence on the day the equipment is either collected by the Hirer or Third Party Courier from the Owners’ premises or delivered to the site address advised by the Hirer.
TERMINATION OF HIRE:
It is the Hirer’s sole responsibility to inform the Owners of their intention to terminate the hire prior to the expiry of the hire period. The Hirer is responsible for arranging the return of the equipment at the Hirer’s cost. The Owners reserve the right to charge the Hirer for any further rental periods if the Hirer fails to notify the Owners of its intention to terminate the hire.
Cancellation or part cancellation of any order can only be accepted with the Owners’ consent in writing. A charge of 25% of the total is charged if the contract is cancelled after acceptance except where:
less than 7 days’ notice is given, where 50% of the total charged
with less than 48 hours’ notice, the total is charged
In addition to the hire charge, separate charges will be made for delivery and collection of the equipment. Where the Hirer’s own transport is used it is the Hirer’s responsibility to adequately pack and protect the equipment for the return transit to the Owners’ premises. All cases must be marked fragile. It is the Hirer’s responsibility to agree on the method of delivery and collection to be used prior to the commencement of hire. In addition, to obtain the Owners’ permission when the Hirer’s own transport is used.
It is the Hirer’s sole responsibility to ensure that the equipment is properly packaged for transportation before the equipment is made available for collection.
Where the equipment is to be collected by the Owners or their appointed agents, it is the Hirer’s responsibility to ensure that the equipment is made available for collection at the time agreed. If the equipment is not made available for collection at the agreed time or not packaged suitably, the Owners reserve the right to charge the costs of the failed collection to the Hirer, subject to a minimum charge of £150.
The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order. Failing this, we are at liberty to amend the tender price to cover any increase in cost resulting from such failure on behalf of the hirer. Acceptance of delivery of the equipment by the Hirer or its appointed agent will be conclusive evidence that the said equipment has been examined. In addition, it has been found to be complete in accordance with the manufacturer’s description, in good order and condition. Finally, the equipment is fit for any purpose for which it may be required and in every way satisfactory.
Any claim for damages by the Hirer against the Owners arising out of the Hirer’s use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim.
The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to the equipment and any loss of profit, cost or expenses and any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof.
The Owners shall not be liable for any loss other than death and personal injury which may arise out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, the Owners exclude all warranties relating to the equipment and the Hirer’s use thereof except as specifically stated herein.
The quoted price assumes that there is adequate access to the site of delivery or installation. Any extra costs that are incurred in accessing the site shall be chargeable as per the terms and conditions above. This includes any sub-contractors we have hired
It is strongly recommended that the hirer ensures that adequate public liability insurance is implemented and valid for your event. All kit hired shall be in good serviceable condition. Any losses or damages sustained to equipment on site shall be charged at replacement/repair cost.
Should any equipment hired from ES Lighting Hire Ltd develop a fault or not function as required, it is necessary to contact our office so arrangements can be made to find a solution. Any equipment returned damaged we shall invoice for the cost of repair or replacement.
The Owners will maintain the said equipment at no cost to the Hirer and will provide such service at the Owners’ premises during normal business hours. However, the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clauses 7(k) or 9. In the event of failure of any item of equipment whilst on hire, the Owners shall use reasonable endeavours to supply free of charge an identical or similar item of equipment within 24 hours of notification for UK based equipment.
The Hirer will, in its use of the said equipment, observe all the manufacturer’s instructions and other regulations that may be issued for the proper use thereof. Additionally, the Hirer is entirely responsible for any damage caused to the said equipment. This can be through failure to observe such instructions, regulations or failure to use said equipment in a proper manner. The Hirer will take all reasonable and practical steps to ensure the use of the equipment conforms with terms and conditions included in the Health & Safety at Work Act 1974. In particular, section 2(2)(b) and 2(2)(c) thereof. Furthermore any other relevant subsequent governing legislation.
The Owners make the said equipment available purely for rental purposes. Therefore the Hirer has no purchase rights or options unless previously agreed in writing, regardless of the hire period.
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
- To keep the equipment at the delivery address and in the Hirer’s own possession. This is unless otherwise agreed in writing by the Owners.
- Permit the Owners or their authorised representatives at all reasonable times to enter the premises where the equipment is kept. This is to inspect, maintain, repair and test the equipment.
- Repay to the Owners all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer. This includes costs, charges and expenses incurred in ascertaining the whereabouts of or recovering possession of the equipment from the Hirer or other person. Additionally, any consequential loss and/or costs suffered by the Owners as a result of the failure of the Hirer to return the equipment in accordance with these terms and conditions.
- Preserve the Owners’ and manufacturer’s identification numbers, marks or any nameplates that are upon the said equipment.
- To keep the equipment free from distress execution or other legal processes. In addition, do not create or allow to be created any lien over the equipment.
- Not to sell, assign, let on hire or transfer the benefit of hire contract in whole or in part. Not to part with possession of the said equipment or any part of it at any time during the hire.
- Do not make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
- Notify the Owners in writing immediately of any loss or damage to the equipment. Furthermore to reimburse the Owners within 30 days of the occurrence. The Owners shall continue to charge the Hirer the cost of hire for the equipment until such payment is received. The Hirer shall be liable for the full replacement cost of the equipment as new.
- Keep the equipment in good condition. Do not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use. Including, but not limited to any use conflicting with the equipment manufacturer’s recommendations.
- Not allow the equipment to be transferred to any country prohibited by the Department for International Trade.
- For deliveries within the European Union to assume upon receipt of the equipment until returned to the Owners or the Owners’ appointed agents the entire risk of loss or damage to the equipment from any occurrence whatsoever.
- For deliveries outside the European Union to assume for the duration of the period of hire as set out in these terms and conditions the entire risk of loss or damage to the equipment from any occurrence whatsoever. The Hirer undertakes to arrange at its own expenses appropriate insurance cover with an approved insurance company against all insurable risks and to produce on request to the Owners evidence of such insurance and the payment of premiums thereunder.
- As an alternative to clause 8, the Owners may agree to assume the risks of loss or damage to the equipment whilst in the Hirer’s possession. This is in accordance with the terms set out in clause 4 below.
- Alternative to clause 3; the Owners cover the risks of loss or damage to the equipment whilst in transit. This is only from the Owners’ premises to Hirer’s premises then subsequent re-delivery as agreed.
In the event of any breakdown or alleged defect in the equipment:
- The Hirer shall give written notice to the Owners within 24 hours of the discovery of any alleged defect. This must include specifying the nature of the defect. This shall be deemed to be given once received by the Owners.
- The Hirer shall not use the equipment alleged to be defective after the time of discovery.
- This is subject to payment of a fee calculated at a minimum rate of 5% of the gross hire charge.
Interest is charged on unpaid accounts from 30 days after the date of invoice. This is at a rate of 4% above the base rate of the National Westminster Bank Plc.
The Owners are indemnfied against all damage or loss, once the equipment has been delivered to, or collected by, the hirer.
The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order. The Owners shall amend the tender price to cover any increase in cost resulting from such failure by the hirer. In the event of suspension of work on the hirer’s instructions, the contract price shall be increased. This is to cover any additional expense incurred by the Owners. This also includes the failure to supply adequate instructions at any stage.