DEFINITION PARAGRAPH
GEARBOX (SOUND AND VISION) LTD TERMS AND CONDITIONS OF TRADING
1.
(a) The Owner is Gearbox (Sound and Vision) Ltd
(b) The Hirer is referred to overleaf
(c) The equipment is referred to overleaf
(d) The daily rate (in the event of non-payment of keeping the equipment longer than the Contractual Term) is referred to by quotation
(e) The sum for insurance purposes is the current market value
(f) The deposit or advance rental received by the Owner is referred to overleaf
2.
The Owner will let and the Hirer will take upon hire on the Terms and Conditions hereinafter mentioned. The equipment more particularly described in the invoices/schedule overleaf.
3.
Nothing said or done by any agent or employee of the Owner which varies these Terms shall be binding on the Owner unless reduced into writing and signed by a Director of the Owner with specific reference to these Terms.
4.
The Hirer shall pay to the Owner the sum specified overleaf by way of deposit and advance rental where applicable in accordance with the Terms specified overleaf.
5.
Punctual payment of each installment of rent shall be of the essence of this Agreement and the Hirer shall be deemed to have repudiated the Agreement if an installment or part thereof shall remain unpaid for more than 7 days after becoming due.
6.
All sums payable to the Owner shall be paid to him at Gearbox (Sound and Vision) address, London, or such other address as the Owner may from time to time specify: Payments made by post shall be at the Hirer's risk.
7.
During the continuance of the hiring the Hirer shall:-
1) punctually pay all sums in accordance with clause 4 hereof and those terms specified overleaf
2) pay to Owner interest on overdue installments of rental at the rate of 5% above current base rate
3) (a) Keep the equipment in good and substantial repair and condition (fair wear and tear excepted) and replace all missing and damaged or broken equipment or parts thereof with equipment or parts of equal quality and value and in default of so doing permit the Owner to take possession of the equipment for the purpose of having repairs carried out and the Owner shall have a lien on the equipment until such repayment but exercise of such lien shall not prevent the accrual of installments of rental hereunder
(b) Will at all times during the period of the hire:
(i) Keep the equipment in its custody and control
(ii) ensure the equipment is used for the purpose agreed by the Owner and in a proper manner and only by persons having the appropriate qualifications and experience in the use of the equipment
(iii) take proper care of the equipment and ensure that it is safely and properly stored
(iv) where spare lamps, diaphragm etc., are provided they (or the blown unit) must be returned at the end of hire period, otherwise they will be charged in full.
4) Punctually pay all resignation charges licence fees rent rates taxes and other outgoings payable in respect of any premises in which the equipment may from time to time be placed of 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 this sub-clause to make all or any of such payments and 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 equipment is for the time being placed of kept for the purposes of inspecting and examining the condition of the equipment.
6) Keep the equipment at all times in his possession and control and to notify the company of the place where it is for the time being and not to cause or permit any of the equipment to be so affixed to the premises in which it shall for the time being situated as to become fixtures.
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 equipment and advise the Owner when the equipment is being taken outside the UK.
8) Indemnify the Owner against loss of or damage to the equipment or any part thereof from whatever cause arising and whether or such loss or damage results from the negligence of the Hirer.
(9) Punctually pay for all repairs to or treatment of the equipment and keep the same free from any distress execution or other legal process.
10) Not to sell assign let pledge mortgage charge encumber or part with possession of or otherwise deal with the equipment or any interest therein or create or allow to be created any lien on the equipment whether for repairs or otherwise shall the Hirer remove deface obliterate or cover any label plate or other mark indicating that the equipment is the property of the company and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but not bound) to pay to any third party such sum as is necessary to procure the release of the equipment from any charge encumbrance or lien and to recover such sum from the Hirer forthwith.
11) Immediately after the signing of this agreement insure the equipment 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 or for such sums specified overleaf (if any) with some insurance company to be approved by the Owner free from restriction or excess.
12) To produce to the Owner evidence that the equipment has been insured in accordance with the provisions of the preceding sub-clause and in default of the hiring so doing the Owner may insure as aforesaid and recover the cost thereof from the Hirer forthwith.
13) The Hirer hereby irrevocably appoints the Owner his agent for the purpose of receiving all monies the said policy and giving a discharge thereof.
14) Punctually pay all premiums payable under the said policy produce receipts of such payments to the Owner on demand do everything necessary to maintain the said policy in full effect and not do anything whereby the said policy will or may be vitiated.
15) Pay to the Owner all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Owner in ascertaining the whereabouts of the equipment taking possession of it by reason of a breach by the Hirer or any provision of this agreement and preserving insuring and storing the equipment thereafter and of any legal proceedings taken by or on behalf of the Owner to enforce the provisions of this agreement.
8. (1) (a) The hire charge for equipment commences (unless otherwise expressly agreed in writing) on the day the equipment leaves the premises of the Owner and terminates at the end of the agreed hire period provided that the equipment has then been returned to the Owner in the same condition as it was in at the commencement of hire, fair wear and tear except excepted.
(b) In the event the equipment is not returned to the Owner at the end of the agreed period of hire and/or the Hirer wishes to extend the period of hire, subject to clause 8(1)(d) hereof, the hire charge shall continue to be payable at the same rate until the equipment is returned to the Owner as provide in clause 8(1)(a) above.
(c) In the event the equipment is lost or destroyed , subject to clause 8(1)(d) hereof, the hire charge shall continue to be payable at the same rate until such a time as the equipment (if lost) is recovered and returned to the Owner or (if damaged) is repaired and available for rehire or (if destroyed or otherwise lost) is replaced by an equivalent or comparable item available for hire.
(d) If the Owner sustains a loss through the delay in return of the equipment for any reason whatsoever, then the Hirer shall pay over and above the hire charges referred to in clause (1)(a),(b) and (c) above an additional hire charge but any such additional hire charge shall not exceed equal to 13 weeks rental of that equipment.
(2) The Owner reserves the right generally of for any particular service client or class of equipment to alter at any time without previous notice the prices and specifications published in its equipment hire catalogue but no such alteration shall effect contract of hire then current.
(3) Where the equipment is lost stolen destroyed or damaged by the negligence or wrongful act of a third 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 the negotiations (except in relation to claims made of the Hirer for personal injuries loss of use of equipment of loss of or damage to the property of the Hirer unconnected with the equipment) and shall at its 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 pursuant to this agreement on trust for the Owner and paying or applying as the Owner directs such parts 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 equipment any surplus being retainable by the Hirer for his own benefit.
The Hirer may determine the hiring at any time by giving three days notice in writing to the Owner and delivering up the equipment to the Owner at Gearbox (Sound and Vision) address, London, or at such other address as the Owner may have previously specified in writing and upon expiration of such notice and such delivery being made the hiring shall come to an end but without prejudice to any pre-existing liability of the Hirer and the Hirer shall not be entitled to payment of any sums previously paid by him to the Owner under the Terms of this agreement not to any such credit allowance in respect of any such payments.
10. 1) If the Hirer shall 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 determine this agreement and upon such notice being so served or sent or left this agreement and hiring thereby constituted shall for all purposes determine and thereafter the Hirer shall no longer be in possession of the equipment with the Owners consent and subject to the provision of clause 9 hereof and any pre-existing liability of the Hirer hereunder neither party shall have rights against the other.
2) The Hirer shall commit and act of bankruptcy or have or have a receiving order made against him or shall make 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 judgment against the Hirer shall remain unsatisfied for more than fourteen days or if the Hirer shall abandon the equipment then this agreement shall automatically and without notice determine and thereupon the Hirer shall cease to be in possession of the equipment with the Owners consent and subject to any pre-existing liability of the Hirer hereunder neither party shall have any rights against the other.
11. Upon the termination of this agreement pursuant to clause 9 and 10 hereof the Owner may without notice retake possession of the equipment and may for purpose by himself his servants or agents without previous notice enter upon any land or premises on or in which the equipment or any of it is believed by the Owner to be situated.
12. The equipment shall remain the property of the Owner and nothing contained in this agreement shall confer to be deemed to confer any interest in the equipment on the Hirer.
13. The Hirer shall take the equipment in the condition in which it is in at the date of this agreement and shall also at the time satisfy himself that the equipment is suitable for the Hirer's purpose. The Owner does not in any way represent a warrant that the equipment is of merchantable quality or suitable or fit for the particular or any purpose for which or may be required.
14. No liability shall attach to the Owner either in a contract tort for loss injury damage howsoever sustained by reason of any defect in the equipment whether such defect latent or apparent on examination or without prejudice to the generality of the foregoing in the operation setting up packing away moving transporting or any like manner where by reason of the presence of the equipment any loses injury or damage shall be sustained.
15. Any notice given to the Hirer under this agreement shall be validly given if served by any of the methods specified in clause 10(1) hereof and shall if sent by post be conclusively deemed to have been received by the Hirer within forty eight hours after the time of posting.
16. Where the Owner shall supply an operator with the equipment for any purpose whatsoever including instructing the Hirer in the use of the equipment such operator shall be deemed to be the agent servant or employee of the Hirer and not the Owner and the Owner shall not be liable for any act error or omission of the operator howsoever caused.
17. No relaxation forbearance's 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 or the Hirer shall prejudice 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 thereof. The Owner will not waive (or be deemed to have waived) any rights under these conditions by accepting the return or repossessing the same.
18. Film magnetic tapes equipment materials and property ostensibly belonging to the Hirer in the possession or custody or if handled by the Owner will be subject to a lien in favour of the Owner for the general balance of all monies from time to time due to the Owner from the Hirer.
19. The person signing this agreement on behalf of the Hirer warrants that he or she is eighteen and entitled to enter the agreement on the Hirer's behalf.
20. This agreement shall not commence unless and until it has been signed by or on behalf of the Hirer.
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