DEFINITIONS. The title GEMS NFX, hereinafter referred to as the Owners.
The Hirer hereinafter referred to as such is the person, firm, limited company, Corporation, Public Authority, or any other Body hiring the equipment from the Owners. Any signature or receipt given by any official agent or employee of the Hirer is deemed to be given with the full knowledge and approval of the Hirer and shall be accepted in all respects as though he were giving the signature or receipt himself.
1. The terms equipment shall mean projection, sound, lighting and video equipment and all ancillary accessories.
2. EQUIPMENT OWNERSHIP. All equipment supplied on hire remains the property of the Owner. The Hirer shall keep the property in his own possession and control and shall inform the Owners of the address of the premises where the equipment is to be used. No equipment shall be transferred from one premises or site to another without the permission of the Owners.
The Hirer shall keep the equipment free from all legal processes, and no mortgage, deed, bill of sale or any other legal instrument or contract or private arrangement whatever shall be executed whereby any person or any Body other than the Owners shall acquire any lien or rights whatsoever in the equipment.
The Owners reserve the right to determine the hiring by giving notice to the Hirer and thereupon unless the equipment be forthwith returned by the Hirer, the Owners shall be at liberty to enter any premises or site on which the equipment may then be and retake possession of the equipment.
3. HIRE PERIODS AND CHARGE PROCEDURE. The period of hire shall commence on the day the order is delivered or collected and shall terminate on the day the equipment is collected by the Owners or returned to the Owners possession. The method of charging the Hirer in accordance with the Owners rates of hire shall be that where the equipment is supplied on hire on a weekly term the charge shall commence on the day the order is supplied and thenceforth the first week of hire shall end on the seventh day inclusive of the day of delivery which shall count as the first day of hire. On the eighth day of hire which day shall commence the second week of hire the charge shall thenceforth continue to accrue from week to week.
4. CREDIT AND PAYMENT. The Hirer shall pay the Owners the hire rent on demand plus V.A.T. thereon prior to the event the equipment is being hired for. Unless otherwise agreed in writing no grant of credit facilities is available. If payment is not made on the date due the Hirer shall pay interest on the overdue amount at the rate of 2% above Lloyds base rate accruing daily.
5. HIRER’S INDEMNITY. All equipment is sent under careful supervision and the Owners take responsible precautions to ensure that all equipment supplied on hire is of sound construction and workmanship. The Hirer must nevertheless by himself or his agent or employees on receipt thereof and from time to time during the hire inspect the equipment hired and satisfy himself that it is and continues to be sound and sufficient for any purpose to which it may be applied and that it complies with all Statutory regulations.
The Owners do not guarantee the soundness of sufficiency thereof and it will not be responsible for damage or loss that may occur through its unfitness or insufficiency or through wear and tear or decay and any express or implied condition statement or warranty not stated herein is hereby excluded. No liability is assumed for damage to films, magnetic media or discs, and no liability is assumed for loss, damage or expenses resulting from interruptions in the operation of the equipment. The Hirer is to indemnify the Owner against all risks under this clause.
6. CUSTODY AND CARE OF EQUIPMENT. The Hirer shall be responsible for the safe custody of all equipment supplied on hire.
Should any equipment be lost, stolen, destroyed or damaged in any way whatsoever whilst in the possession of the Hirer, compensation amounting to the full cost to the Owners to replace the equipment shall be borne by the Hirer. In the event of damage to the equipment, compensation amounting to the full cost to the Owners to make good the damage shall be borne by the Hirer and a valid certificate of insurance sufficient to cover same, shall be provided prior to the hire. In particular circumstances the Owner will provide insurance at 17.5% premium of the hire charge to cover any loss or major damage. The Hirer is responsible for the first five hundred pounds of any loss or damage. The insurance does not cover loss from vehicles (even when locked and alarmed) or damage to equipment not transported in the supplied case. If loss or damage is discovered the incident must be reported to the Owners and the Police (in case of loss) within 24 hours. Failure to notify the Police within this period invalidates the insurance. A full written report must be forwarded to the Owners within 72 hours detailing the circumstances of the incident. Failure to provide safe custody and care of the equipment will invalidate the insurance. In addition, the hire charges for the lost, stolen, destroyed or damaged equipment shall be payable and shall accrue and shall not terminate until payment is received in full for (a) the compensation as aforesaid and (b) all other unpaid charges.
The Owners reserve unto themselves the right to exercise this clause and also to determine any dispute under this clause at their sole discretion.
7. The Hirer shall be responsible to see that the equipment is operated by a competent operator and shall be responsible for the competent handling of the equipment and will not hold the Owners responsible for failure of the equipment through the lack of knowledge of the equipment or lack of instruction or instruction manuals provided by the Owners.