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 to the exclusion of any terms and conditions put forward.
The charges for rental shall be agreed at the commencement of the hire and shall be invoiced in advance.
For an install, a deposit of 25% upon confirmation of hire and the remainder within 30 days of the invoice date. Generator fuel may be invoiced separately.
For equipment only hire, the invoice is to be paid in full before equipment is shipped.
Discounts are given at the Owners discretion, and are only valid providing that payment is cleared within 30 days of the invoice date, otherwise, the original amount will be invoiced.
All equipment is offered subject to availability. We reserve the right to substitute alternative but equivalent items where necessary.
The tender price is valid for 30 days only.
Equipment is available for 30 days from date of tender and is only confirmed on receipt of a confirmation form or a Purchase Order, with 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 and to arrange 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 and 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 which 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 and found to be complete in accordance with the manufacturer’s description, in good order and condition, 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 for a replacement or service. 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 save that 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 and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions or regulations or failure to use the same in a proper manner. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work, etc., Act 1974 (in particular section 2(2)(b) and 2(2)(c) thereof) or any subsequent governing legislation.
The Owners make the said equipment available purely for rental purposes and 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 unless otherwise agreed in writing by the Owners.
- Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade and Industry or the Bureau of Export Administration.
- To permit the Owners or their authorised representatives at all reasonable times to enter upon the premises or vessel where the equipment may from time to time be kept to inspect, maintain, repair and test the same.
- To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment or recovering possession of the equipment from the Hirer or other person and 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.
- To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturer’s recommendations).
- To preserve the Owners’ and manufacturer’s identification numbers or marks or any nameplates that there should be upon the said equipment.
- 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 the clause 8 above the Owners may agree, under the terms set out in 7(m) below, to assume the risks of loss or damage to the equipment whilst in the Hirer’s possession.
- To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full 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.
- To keep the equipment free from distress execution or other legal process and 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 or to part with possession of the said equipment or any part of it at any time during the hire.
- Not to make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
- In the event of any breakdown or alleged defect in the equipment:
- The Hirer shall give written notice to the Owners within 24 hours (which shall be deemed to be given once received by the Owners) of the discovery of the alleged defect specifying the nature of the defect.
- The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective.
- As an alternative to clause 8 above and subject to payment of a fee calculated at a minimum rate of 5% of the gross hire charge, the Owners undertake to cover the risks of loss or damage to the hire equipment from any occurrence whilst in transit from the Owners’ premises to Hirer’s premises as agreed, whilst there and during subsequent re-delivery to the Owners’ premises.
Interest is charged on unpaid accounts from 30 days after the date of invoice, at a rate of 4% above the base rate of the National Westminster Bank Plc.
The hirer shall indemnify ES Lighting Hire Ltd against all damage to or loss of the equipment, once the equipment has been delivered to the hirer or once the equipment has been collected by the hirer.
The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order. Failing to do so shall mean that we are at liberty to amend the tender price to cover any increase in cost resulting from such failure on behalf of the hirer. In the event of suspension of work on the hirer’s instructions, or failure to supply adequate instructions at any stage, the contract price shall be increased to cover any additional expense incurred by us in consequence thereof.