Terms and Conditions of Hire

  1. The owner will let and the hirer will take on hire upon the terms and conditions hereinafter mentioned the goods (hereinafter called "the goods").
  2. Subject to the provisions of clause 13 hereof the hiring shall commence on the date of this agreement and shall continue until determined as hereinafter provided.
  3. Punctual payment of each instalment of rental shall be of the essence of this agreement and the hirer shall be deemed to have repudiated this agreement if any instalment or part thereof shall remain unpaid for more than seven days after becoming due. All sums payable to the owner under this agreement shall be paid to him at 703 Harrow Road, London, NW10 or at such other address as the owner may from time to time specify and payments made by post shall be at the risk of the hirer.
  4. During the continuance of the hiring the hirer shall:

    (1) punctually pay all sums specified herein

    (2) pay to the owner interest on overdue instalments of rental at the rate of two per centum per annum in excess of the Bank Base Rate being in force at the time of the Royal Bank of Scotland Plc until payment thereof such interest to run from day to day and to accrue after as well as before any judgement

    (3) keep the goods in good and substantial repair and condition (fair wear and tear only excepted) and replace all mising damaged or broken goods or parts thereof with goods or parts of equal quality and value and in default of so doing permit the owner to take permission of the goods for the purpose of having repairs carried out and repay to the owner the cost of such repairs and the owner shall have a lien on the goods until such repayment but exercise of such lien shall not prevent the accrual of instalments of rental hereunder;

    (4) punctually pay all registration fees license fees rent rates taxes and other outgoings payable in respect of any premises in which the goods may from time to time be placed or kept and produce to the owner on demand the last receipts for all such payments the owner being at liberty in the event of default by the hirer under the sub-clause to make all or any of such payments and to recover the amount thereof from the hirer forthwith;

    (5) permit the owner and any person authorised by him at all reasonable times to enter upon the premises in which the goods are for the time being placed or kept for the purpose of inspecting and examining the condition of the goods;

    (6) keep the goods at all times in his possession and control and not remove the same or any of them from the place where they are for the time being without the consent in writing of the owner or cause or permit any of the goods to be so affixed to the premises in which they shall for the time being be situate as to become fixtures, save and except with the owner's prior written consent the hirer is permitted to take the goods on location when hired for the purpose of entertainment and advertising but for no other purpose whatsoever;

    (7) notify the owner of any change in the hirer's address and upon request by the owner promptly inform the owner of the whereabouts of the goods;

    (8) indemnify the owner against loss of or damage to the goods or any part thereof from whatever cause arising and whether or not such loss or damage results from the negligence of the hirer; the loss and replacement value of the goods is hereby agreed at the value shown and the hirer agrees to pay the owner the said value on any of the goods being lost or not returned to the owners for any cause or reason whatsoever;

    (9) punctually pay for all repairs to or treatment of the goods and keep the same free from any distress execution or other legal process;

    (10) not sell assign let pledge mortgage change incumber or part with possession or of otherwise deal with the goods or any interest therein or create or allow to be created any lien on the goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the hirer the owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the goods from any charge incumbrance or lien and to recover such sum from the hirer forthwith;

    (11) immediately after the signing of this agreement insure the goods and keep the same insured during the continuance of the hiring against loss or damage by accident fire and theft to the full replacement value thereof with some insurance company to be approved by the owner under a comprehensive policy of insurance in the name of the owner free from restriction or excess and in default of the hirer so doing the owner may insure as aforesaid and recover the cost thereof from the hirer forthwith. The hirer hereby irrevocably appoints the owner his agent for the purpose of receiving all monies payable under the said policy and give a discharge therefore;

    (12) punctually pay all premiums payable under the said policy produce the receipts for such payments to the owner on demand do everything necessary to maintain the said policy in his full effect and not do anything whereby the said policy will or may be vitiated;

    (13) pay to the owner all expenses (including lgal costs on a full indemnity basis) incurred by or on behalf of the owner in ascertaining the whereabouts of the goods taking possession of them by reason of a breach by the hirer of any provisions of this agreement and preserving and insuring and storing the goods thereafter and of any legal proceedings taken by or on behalf of the owner to enforce the provisions of the agreement.

  5. Where the goods are lost stolen destroyed or damaged by the negligence of wrongful act of a thrid party the hirer shall immediately notify the owner thereof, shall not compromise any claim without the consent of the owner, shall allow the owner to take over the conduct of any negotiations (except in relation to the claims of the hirer for personal injuries loss of use of the goods or loss of or damage to the property of the hirer unconnected with the goods) and shall at his own expense take such proceedings (in the hirer's sole name or jointly with the owner) as the owner shall direct, holding all sums recovered together with any monies received by the hirer under any policy of insurance taken out by the hirer pursuamt to the provisions of this agreement on trust for the owner and paying or applying as the owner directs such part thereof as is necessary to discharge the hirer's liability to the owner at the date of such payment and to compensate the owner for the loss theft or destruction of or damage to the goods any surplus being retainable by the hirer for his own benefit.
  6. If the hirer shall:

    (1) make default in payment of any of the sums payable hereunder or shall fail to observe or perform any of the other terms and conditions of this agreement whether express or implied the owner may without prejudice to any pre-existing liability of the hirer to the owner by notice in writing served personally on the hirer or sent to him by prepaid post to or left at the above-mentioned address of the hirer or at his current or last known business or private address deter mine this agreement and upon such notice being so served sent or left this agreement and the hiring thereby constituted shall for all purposes determine and thereafter the hirer shall no longer be in possession of the goods with the owner's consent and subject to the provisions of clause 7 hereof and any pre-existing liability of the hirer hereunder neither party shall have any rights against the other.

    7. (2) commit an act of bankruptcy or have a receiving order made against him or shall make any arrangement with his creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the hirer's property or any judgement against the hirer shall remain unsatisfied for more than fourteen days or if the hirer shall abandon the goods then this agreement shall automatically and without notice determine and thereupon the hirer shall cease to be in possession of the goods with the owner's consent and subject to any pre-existing liability of the hirer hereunder neither party shall have any rights against the other.

  7. Upon the termination of this agreement pursuantt to clauses 5 or 6 hereof the owner may without notice retake possession of the goods and may for that purpose by himself his servants or agents without previous notice enter upon any land or premises on or in which the goods or any of them are believed by the owner to be situated.
  8. The goods shall remain the property of the owner and nothing contained in this agreement shall confer or be deemed to confer any interest in the goods on the hirer.
  9. The hirer shall take the goods in the condition which they are at the date of this agreement and the owner does not in any way represent or warrant that the goods are of merchantable quality or suitable or fit for the particular or any purpose for which they are or may be required.
  10. No liability shall attach to the owner either in contract or in tort for loss injury or damage sustained by reason of any defect in the goods whether such defect be latent or apparent on examination.
  11. Any notice given to the hirer under this agreement shall be validly given or served by any of the methods specified in clause 6(1) hereof and shall if sent by post be conclusively deemed to have been received by the hirer within forty-eight hours after the same time of posting.
  12. No relaxation forbearance delay or indulgence by the owner in enforcing any of the terms and conditions of this agreement or the granting of time by the owner to the hirer shall prejudice or affect or restrict the rights and powers of the owner hereunder nor shall any waiver of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
  13. This is agreement is governed by the Laws of England and any dispute or claim howsoever arising hereunder shall be referred to the English Court who shall have sole jurisdiction to determine the dispute or claim.
  14. These Conditions of Hire are binding on the hirer either by himself servants or agents taking delivery of the goods the subject matter of this hiring agreement.
  15. These Conditions of Hire are binding and are not variable unless the variations are in writing from the owner to the hirers.

 

 

 

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