These terms and conditions are governed by and shall be interpreted in accordance with English law.
General
Whilst the Owner makes every endeavor to supply apparatus as ordered the Owner reserve the right to substitute other equivalent designs. The Owner reserves the right to decline some or all of your order, for any reason.
Contract
The Hirer can make a hire request to the Owner by phone, written or electronic communication. In return, the Owner will provide the Hirer with an order quote that will confirm availability of the Equipment and state the total costs (including delivery, collection, and any other applicable charges).
The Owner will also provide the Hirer with a set of these terms and conditions.
The Hirer is the people named on the booking, and is over eighteen years of age and is legally entitled to enter into this agreement on their own behalf. If the hirer is entering into this agreement on behalf of another individual or on behalf of a company/organisation/charity they declare that they have the full authority to do so.
The contract will be formed when the Hirer accepts the Owners order quote by phone; written or electronic communication or the Hirer provides a company purchase order showing the registration details.
The Hirer will pay the Owner a deposit of 25% and or provide a company purchase order showing the registration details to confirm a booking with a value over the sum of £250.00 of which the deposit is refundable on cancellation within the cancellation terms.
Acceptance of Terms
By hiring equipment, the Hirer automatically signifies their unconditional acceptance in the whole of the terms as set out in this Terms & Conditions of Hire.
By providing the information required on the booking form, paying or making a deposit or showing their acceptance to hire equipment or services by phone, written or electronic communication, the hirer agrees to be bound unconditionally by these Terms & Conditions of Hire.
Charges
The Hirer will pay the full or the outstanding amount before the hire date or upon completion of the setup. Where the equipment is left in the possession of the Hirer over for more than 24 hours the Owner may require the Hirer to pay 10% of the value of the equipment supplied by way of deposit such sum to be refunded at the termination of hire by the Owner to the Hirer after the deduction of any monies due by the Hirer to the Owner under this agreement.
The Owner reserves the right to impose additional charges on the Hirer in connection with cleaning or repairing Equipment not returned in clean and good working condition.
The equipment shall be at the risk of the hirer as to all loss and damage whatsoever during the hire period and the hirer will be responsible for paying the first £1000 towards the costs of replacement or repair to any individual piece of equipment, which is damaged, lost or stolen whilst in the hirer’s care except where this is due to negligence on the part of the hirer in which case the hirer will be responsible for meeting the full cost of replacement or repair to the equipment.
Penalties
Any equipment returned after the booked return date will be charged for at a minimum of one extra day hire fee, regardless of the original hire period.
The Owner is authorised by this contract to contact the hirer at the hirer’s premises at any time in the recovery of equipment not returned at the end of the hire period.
Datarhyme will check the equipment and inform the hirer within 7 working days of any loss or damage. Any costs incurred to the Owner in respect of replacement or repair, or if equipment is lost or damaged during the hire period must be met by the Hirer.
The hirer undertakes to keep and return equipment in good order and the same condition as provided at the point of hire. Any equipment returned in a soiled or dirty condition may incur a cleaning charge.
Equipment is to be kept in a secure safe environment with no exposure to the elements, food, drink or other liquids. Should the Hirer not adhere to this then the Owner reserves the right to charge the hirer for any damage.
Connectors must not be removed from equipment. The Owner reserves the right to charge for refitting or inspecting any connectors found to have been removed, or tampered with. Equipment must not be modified in any way.
Failure to return any cable(s) may result in a charge for replacing the said cable(s).
Packaging supplied with equipment must be returned, or it will be charged for.
The Hirer will be held liable for the full loss of any equipment confiscated because of a failure to comply with any relevant laws and regulations.
If the hirer reports any equipment or accessories as faulty during a hire which are then subsequently found to be in good working order, the hirer will be liable for all costs incurred for dealing with the situation including but not limited to the replacement equipment hire charges (for the full period of hire), sub-hires, purchases, labour and transport in any form.
Cancellation
The Hirer is liable to pay a cancellation fee of 25% of the hire charge to the Owner upon cancellation within 24 hours of the event start time.
The Hirer cannot cancel the contract once the Equipment has been delivered, unless we agree to such cancellation.
Delivery and Setup
The Owner may require the Hirer to provide identification in the form of a valid (non-expired) photo UK driving license or valid UK passport and a current (within 3 months of the hire date) utility, debit or credit card bill confirming their address before the items are unloaded and setup.
Responsibilities
The equipment is used at the hirer’s own risk. The Owners liability in respect of any defect or failure of the apparatus supplied is limited by making good or replacement or repair defects which under proper use and conditions appear therein and arise solely from faulty design materials or workmanship. We do not represent or warrant that apparatus supplied by its capacity or performance or us are fit for the purpose for which you require it. We are not to be held liable for stoppages or any consequential loss or damage arising out of work done or services rendered under any contract of hire.
The Hirer shall in no circumstances remove the equipment from the hire location or will not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the equipment or any parts thereof in a manner prejudicial to the Owner’s rights, but will keep the equipment in its possession and will not remove the same or any part or parts thereof from the place where the equipment is for the time being without the previous consent of the Owner and will duly and punctually pay all rents, rates, taxes, charges and impositions payable in respect thereof on demand and will protect the same against distress, execution or seizure and indemnify the Owner against all losses, costs, charges, damages and expenses incurred by it by reason or in respect thereof.
The Hirer shall use the equipment in a skilful and proper manner and shall at its own expense keep the Equipment in good and substantial repair and condition, reasonable wear and tear expected, and keep the same insured against fire, loss, damage or risk from whatever cause arising in the full replacement value thereof including a year’s loss of hire in some insurance office or offices of repute and will permit the Owner at all reasonable times to have access to the equipment and to inspect the state and condition thereof.
Termination of Hire
If the Hirer shall make default in punctual payment of the sums to be paid by it for the hire of the equipment or shall fail to observe or perform the terms and conditions of this agreement on its part to be observed and performed or if the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the equipment may be prejudiced or put in jeopardy, this agreement shall forthwith determine (without any notice or other act on the part of the owner and notwithstanding that the same may be waived some previous default or matter of a same or like nature) and it shall thereupon be lawful for the Owner to re-take possession of the equipment and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this clause shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under this agreement or damages for breach thereof.
Any waiver or other indulgence granted by the Owner shall not affect the strict rights of the Owner under their terms.
