YOU THE HIRER MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT.
DEFINITIONS
“Owners” means Phase Hire Limited.
“Hirer” is the company, firm, person, corporation or public authority taking the Owners Equipment on hire and includes their successors and personal representatives.
“Equipment” means entertainment equipment, machinery, and accessories thereto which the Owners agree to hire to the Hirer under this contract.
“Site” means the address of the Hirer or such other place specified by the Hirer at the time of the hire.
The “Hire Period” means the time from when the equipment leaves the Owners premises to when it is received back at the Owners premises.
EXTENT OF CONTRACT
No terms other than those expressly contained therein shall apply to or form part of this contract.
DELIVERY IN GOOD ORDER
Equipment shall be in good working order and fit for purpose for which the equipment of that kind is normally used. The Owners do not warrant that the equipment supplied should fit for any special purpose. The Hirer shall satisfy himself as to the condition of the Equipment supplied at the time of acceptance of the Equipment by the Hirer, his agent or employee. Unless notice to the contrary is received by the Owners within 24 hours of the supply the Equipment then the same shall be deemed to be supplied in good working order, except for defects which could not be discovered by reasonable examination.
TRANSPORTATION, LOADING AND UNLOADING
The Hirer shall be responsible for the collecting from and returning to the Owners Premises. When the Hirer requires the Owners to transport the Equipment, the transportation shall be at the Hirers expense. The Hirer shall be responsible for the loading and unloading at the time of collection from the Owners premises and at the time of delivery to the collection from the Owners on the termination of the Hire Period. Any persons supplied by the Owners to assist in the loading and unloading shall be deemed to be under the Hirers control and shall comply with all the directions of the Hirer who alone shall be responsible for any damage to the Equipment as a result of such loading and unloading.
UNAUTHORISED CHANGE OF SITE
The Equipment must not be removed from the site in which it is deemed to, or specified by the Hirer on commencement of hire, without written authority of the owners.
UNAUTHORISED RE-HIRING OF EQUIPMENT
The Equipment or any part thereof shall not be re-hired, sublet, or lent to any third party without consent of the Owners.
MAINTANENCE, OPERATION AND USE OF EQUIPMENT
The Hirer shall, during the hire, be responsible for the safe keeping and maintenance of the Equipment, for lubricating as instructed by the Owners and ensuring that the fuel level remains at a level required for correct operation of the Equipment. At no time shall the Hirer operate the Equipment after it has become defective, damaged or in a dangerous state. Failure to observe the aforementioned will result on the hirer being liable to the Owners for the cost for repairs and also for the hire charges accruing whilst the Equipment is idle due to breakdown or damage whilst repairs are being progressed.
ACCESS BY OWNER FOR SERVICING AND INSPECTION OF EQUIPMENT
The Hirer shall permit the Owners to their agents’ access to the Equipment at reasonable times to adjust, inspect, service or repair. Hirers must notify Owners when the Equipment has been operating for 200 hours without servicing and of any necessary repairs.
BREAKDOWNS
In the event of a breakdown of the Equipment which is not readily repairable the Owners will be entitled to substitute the Equipment for a similar type. If the Owners are not able to do so, the hire shall be terminated as from the date of notification of the breakdown. Where breakdown of the Equipment arises from a cause other than through a development of a fault not discoverable by reasonable examination, all costs incurred by the Owners in repairing the Equipment including transport costs shall be chargeable to the Hirer.
NOTIFICATION OF ACCIDENTS
The Owners must be informed of any accidents involving their Equipment.
HIRERS LIABILITY
Responsibility for loss or damage of the Equipment is accepted by the Hirer for the time the Equipment is delivered to the Site until the time it is removed from the Site by or on the instructions of the Owner. The responsibility will also apply whilst the Equipment is on the Site during any period prior to the commencement of the Hire Period or after its termination whilst the Equipment is awaiting collection. During the continuance of the Hire Period, the Hirers shall be liable to the Owners for the cost of all loss or damage to the Equipment from any cause whatsoever, except for fair wear and tear. In event of loss or damage to the Equipment, hire charges shall continue until such time and date the Hirer pays for the cost incurred by the Owners in respect of such loss or damage.
HIRER TO INDEMNIFY OWNERS AGAINST THIRD PARTY CLAIM
The Hirer shall at all times indemnify the Owners in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with or arising out of the use of the Equipment and in respect of all costs and charges in connection therewith.
CONSEQUENTIAL LOSS
The Owners shall not be liable for any consequential loss or damage arising from this contract.
RETURN OF EQUIUPMENT ON COMPLETION OF HIRE
The Hirer shall be responsible for the Equipment on completion of the hire in a condition equal to that of the commencement of the hire, fair wear and tear accepted. When the Equipment or part thereof cannot be returned to the Owners on completion of hire owing to the loss, theft or destruction of the Equipment (or such part), whether or not due to any fault of the Hirer, his agent or his employee, the Hirer shall pay the Owners the manufacturers recommended selling price for that piece of Equipment.
PAYMENT OF HIRE CHARGES
The Hirer agrees to pay rentals in respect of hire of the Equipment as specified in the Owners invoice for the period of hire. Payments are due as per the terms of said invoice. When the Equipment is hired by the Hirer for a period in excess of the period hire, the Hirer agrees to pay rentals in respect thereof to the Owners at the Owners excess rate then prevailing. All invoices are due for settlement within thirty (30) days of its date.
CONSUMABLE ITEMS
Fuel, oil and grease, when supplied by the Owners, shall be charged at net cost and when supplied by the Hirer shall be of a grade and type specified by the Owners.
OWNERS NAME PLATE
Hirers shall not remove, deface or cover up any name plate or identification mark or number on the Equipment, nor shall he put any mark on the Equipment which might indicate or suggest that the Equipment is not the property of the Owners.
HIRER NOT TO DISPOSE OF EQUIPMENT
The Hirer shall not sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment except with the written consent of the Owners.
VARIATION
No variation of these conditions shall be effective unless agreed in writing by an authorized member of the Owners. No member below the rank of Director is so authorized. The Owners reserve the right to vary the amount of rental payments upon giving one weeks written notice of such variation to the Hirer.
FORCE MAJEURE
The Owners shall not be responsible for and shall not incur liability as a result of any failure or delay caused by circumstances beyond its control.
FORBEARANCE
No forbearance, indulgence or relaxation on the part of the Owners shown or granted to the Hirer in respect of any of the provisions of this agreement shall in any way affect, diminish or prejudice the right or powers of the Owners under this agreement or operate as or be deemed to be a waiver of any breach by the Hirer of the terms and conditions of the agreement.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the law of the European community.