Flat Earth Scenery & Staging Ltd
Terms & Conditions of Hire
(a) “The equipment” shall mean goods, components and other items hired by Flat Earth Scenery & Staging Ltd or any part there of.
(b) “The customer” is the person, firm, corporate or public body hiring the equipment. Any person purporting to act on behalf of the customer shall be bound by the contract.
(c) The contract shall be 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
(a) Hire charges commence from the date stated in the contract and are payable for the period of the hire.
(b) The equipment must be returned on the date specified in the contract in a clean and serviceable condition and the customer must obtain the suppliers receipt.
(c) Additional charges accrue at the full daily rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for other customers.
(d) All charges are payable on demand.
3. Hire Period
(a) The hire period commences on the date specified in the contract and continues for the period specified in the contract and terminates on the last day of the hiring period.
(a) The signatory to the contract warrants that they are duly authorised on the customers behalf to enter into the contract and hereby personally indemnifies Flat Earth Scenery & Staging Ltd against all losses and costs that may be incurred by Flat Earth Scenery & Staging Ltd if this is not the case.
5. Customers Responsibilities
(a) The customers responsibilities of 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 Flat Earth Scenery & Staging Ltd’s receipt for the return for all the equipment.
(b) The customer shall not at any time sell, dispose or otherwise part with control of the equipment or attempt to do so.
(c) The signatory to the contract and the customer jointly and severally undertake with Flat Earth Scenery & Staging Ltd that anyone 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.
(d) The customer will fully indemnify Flat Earth Scenery & Staging Ltd against any expense, liability, financial loss 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.
(e) 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.
6. Electrical Equipment
(a) Any electrical Equipment should be used with the plugs and/or sockets fitted.
(b) If other plugs and sockets are to be fitted by the customer such work shall be undertaken by a competent person who shall reinstate the same to the original condition prior to redelivery.
(c) The customer shall be responsible at all times to arrange a proper power supply of electricity for use with the equipment and ensure the equipment is properly earthed at all times.
7. Equipment Maintenance and Reporting
(a) The customer shall ensure the equipment remains serviceable and clean throughout the hire period.
(b) Any breakdown or unsatisfactory working of the equipment shall be immediately notified to Flat Earth Scenery & Staging Ltd.
(c) The customer shall not under any circumstances attempt to repair damaged equipment without prior authorisation from Flat Earth Scenery & Staging Ltd.
(d) Any damage or unsatisfactory equipment must be returned to Flat Earth Scenery & Staging Ltd’s premises at the customer’s own cost for examination.
(e) 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 Flat Earth Scenery & Staging immediately
(f) Equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of Flat Earth Scenery & Staging Ltd.
8. Compatibility of Equipment
(a) The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer.
(b) The customer shall be responsible for ensuring that any equipment is suitable for their purposes.
(a) The customer agrees to pay Flat Earth Scenery & Staging Ltd the full retail cost of any equipment lost, stolen or damaged beyond economic repair without deduction for wear, tear or change from original condition.
(b) The customer shall insure the equipment against the above liability.
(c) 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 Flat Earth Scenery & Staging Ltd on demand to the extent that any such payment is due under this clause.
(d) The customer shall not compromise or settle any claim without the express consent of Flat Earth Scenery & Staging Ltd.
(e) In the case of equipment which is lost, stolen or damaged beyond reasonable repair the customer will pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced.
10. Conditions of Returned Equipment
(a) The customer is fully responsible for care, safe keeping and to return the equipment in good order.
(b) The customer shall reimburse all costs incurred by Flat Earth Scenery & Staging Ltd in rectifying the condition of equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate until rectified.
11. Termination of Hire
(a) Flat Earth Scenery & Staging Ltd shall be entitled to terminate the contract with immediate effect and to repossess the equipment at any time the customer is in breach of these conditions.
(b) The customer hereby authorises Flat Earth Scenery & Staging Ltd to enter upon any property upon which Flat Earth Scenery & Staging Ltd reasonably believe any equipment to be and Flat Earth Scenery & Staging Ltd in their absolute discretion may recover and remove the equipment.
(a) Hire prices do not include delivery. Any expense incurred by Flat Earth Scenery & Staging Ltd in delivery or recovering equipment or attempting the same shall be paid by the customer.
(a) Where account facilities have been granted to the customer all invoices must be paid within 30 days of the invoice date.
(b) If no account facilities exist payment must be made with order or on delivery of equipment.
14. Terms of Contract
(a) These conditions have effect in substitution for and to the exclusion of any condition put forward by the customer.