ࡱ> 02/M "bjbj== .,WWlxxxx             kNex 0 M M GENERAL CONDITIONS FOR HIRING OF EQUIPMENT 1/ DEFINITIONS AND LAW The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. We and Us mean Ark staging hire. You means the person, firm, company, corporation or public authority or body to whom we supply Equipment on hire. Any person purporting to act on behalf of the customer shall be bound by the Contract. Equipment means the hired items referred to in the Contract. These conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law. Nothing in these conditions excludes or restricts any liability which may not be excluded or restricted under the Unfair Contract Terms Act 1977. 2/ WHEN THE CONTRACT COMES INTO BEING The Contract comes into being when you have placed an order, either in writing or verbally, giving details of your requirements, and we have accepted your order. By placing the order you are agreeing to be bound by these Conditions. 3/ HIRE CHARGES AND PAYMENT 3.1 Hire charges are for the period stated in this Contract, and any additional periods of hire (subject to Condition 3 of these conditions) will be subject to our standard published rates. 3.2 If we have agreed in writing to give you credit, you will pay us in full within the time we specify or, if we do not specify a time, within 30 days of the date of our request for payment. If we have not agreed in writing to give you credit, you will pay us in full before you receive the equipment. 3.3 All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of money or equipment, and any consequential losses we incur. 4/ MAINTENANCE OF EQUIPMENT,BREAKDOWN PROCEDURES AND ACCIDENT REPORTING 4.1 If an Ark representative is not on site you must keep yourself acquainted with the state and condition of the equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the equipment unless authorised by us. You must notify us immediately if the equipment is involved in any accident resulting in damage to the equipment or to other property, or injury to any person. 4.2 If the equipment is defective, you must notify us immediately and if the defect was not been caused by anything you have done or failed to do, we will (at our option); 4.2.a replace it as soon as possible; or 4.2.b credit you for the hire charges of the defective equipment. 4.3.c If you request us to attend and if the equipment is not defective you will pay the call-out charge notified by us. 5/ RESPONSIBILITY OF THE HIRER 5.1 Your responsibility for the Equipment begins when you receive the Equipment. Your responsibilities include safekeeping of the Equipment and protection against weather, theft, vandalism or improper use. Your responsibility ends only when the equipment has been returned or collected and we have checked in all the equipment. 5.2 You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the Equipment, which is governed by conditions 8 and 14) arising out of the use, non-use, repossession of the Equipment or any part of it. The indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to our proven negligence. 6/ EQUIPMENT SUITABILITY It is your responsibility to ensure that the equipment is suitable for the purpose for which you intend to use it. 7/ OUR RIGHTS OF ACCESS You authorise us to enter any land or premises where we believe any equipment to be, at reasonable times and after reasonable notice, in order to make any necessary inspection of it, or to test, repair, service, replace or repossess it. 8/ SAFETY AND INSTRUCTIONS It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the Equipment is not misused, and you must ensure that supervision is at all times adequate. Circumstances requiring supervision include the following: children, persons likely to be under influence of drink and/or drugs. 9/ ELECTRICAL EQUIPMENT The hirer is not permitted to change any plugs/sockets/cabling as supplied by Ark. Any equipment attached to Ark electrical equipment remains your responsibility You will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 or any amendments to them during the period of your responsibility for the equipment. 10/ REPLACEMENT 10.1 You will return equipment to us in the same condition as it was sent out. You will pay to us all costs we incur in rectifying any equipment returned damaged or unclean. Additionally you will pay for any financial loss this causes us until such rectification is complete. 10.2 Where equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights. 11/ TERMINATION We will be entitled at any time to terminate this contract with immediate effect and to repossess any or all of the equipment if you break this contract or if you become bankrupt or if, being a company, you commence to be wound up or if a receiver, administrative receiver or administrator is appointed in respect of all or part of your assets or undertaking, or if you enter into any arrangement with your creditors or become the subject of a voluntary arrangement. Such termination will not affect our right to recover from you any money due to us under this contract or damages for breach of contract. 12/ LIMITS OF OUR LIABILITY 12.1 All times which we state or quote for delivery or collection are approximate. 12.2 We will not be liable for any delays caused by any circumstances beyond our reasonable control. 12.3 We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, unsuitability, breakdown or stoppage of the equipment or any part of it. 12.4 If any film, tape, disc, software or other media of yours is damaged or destroyed our liability will not exceed the value of the film, tape, disc, software or other media notified to us in writing in advance of the hire to allow us to insure such loss or damage. If no value is notified to us you agree that our liability is limited to the retail cost of the damaged materials. 13/ RIGHTS RESERVED Any failure by us to enforce any or all of these conditions shall not amount to, or be interpreted as, a waiver of any of our rights. 14/ SEPARATE TERM VALIDITY AND HEADINGS If any term in this contract is held invalid this shall not affect the validity of the remaining terms. The headings in these conditions are for reference purposes only and shall not affect the interpretation of these conditions. ,ED. K 2 (A0L| 7!L!!!""CJOJQJ^JCJOJQJ^JmH sH >*,-ED- . K 2 '(A/0L"{| 6!7!L!!!!"",1h. 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