1. Definitions
The following terms and conditions constitute the entire agreement between “THE COMPANY” deemed to refer to Bell’s Backline Limited and “THE CUSTOMER” to any company, partnership or individual who shall enter into any hire agreement with “Bell’s Backline Limited” which under the terms of English Law might be defined as a Contract. Unless otherwise agreed in writing by THE COMPANY, these terms and conditions will apply to all transactions between THE CUSTOMER and THE COMPANY to the exclusion of any terms and conditions put forward. THE COMPANY standard office hours are Monday to Friday, 9am till 6pm excluding bank holidays.
2. General
All equipment hired remains the property of THE COMPANY
Any and all branding on THE COMPANY’s equipment must not be removed or covered over by THE CUSTOMER
No equipment hired from THE COMPANY may be taken outside the mainland UK, either to any offshore island or to any foreign country without the written consent of THE COMPANY
THE CUSTOMER will be responsible for ensuring that any relevant regulations or statutory provisions governing, or relating to, the use of the hired equipment are complied with during the period of the hire and THE COMPANY in no way assumes liability for the consequences of any non-compliance with such regulations, rules or statutory provisions
Equipment will be supplied to THE CUSTOMER in a good working order; THE COMPANY`s liability for any defect, or failure of the equipment hired is limited to the rectification of any defect or failure arising from normal usage. Any faults must be reported to THE COMPANY within 24hrs and confirmed in writing within two days. In the absence of such notification THE CUSTOMER will be charged for the cost of repair or replacement. No attempt to repair equipment must be undertaken by THE CUSTOMER
Equipment hired must not be altered by THE CUSTOMER or modified in any way. In particular, cables must not be cut, or plugs and sockets rewired by THE CUSTOMER.
Any equipment found to have been altered in any way or any cables or components found to be have been damaged by cutting or attempts at modification will be charged at full replacement value upon return
Any 3rd party sub hires of THE COMPANY’s equipment must not be done, without written consent of THE COMPANY
Hire commences upon delivery to THE CUSTOMER and ceases upon return to THE COMPANY
Equipment is not regarded as returned to THE COMPANY until it is checked and inspected by an authorised member of THE COMPANY’s staff and a formal receipt issued on behalf of THE COMPANY.
Equipment hired will be entirely at THE CUSTOMER’s own risk during the hire period and THE CUSTOMER will be responsible for any loss or damage. THE CUSTOMER undertakes responsibility for insuring equipment against “all risks” to full replacement value. Any loss or damage to the equipment is to be reimbursed to THE COMPANY by THE CUSTOMER to the full replacement value thereof. Copy of Insurance can be requested by THE COMPANY from THE CUSTOMER prior the the hire commencement
THE CUSTOMER undertakes to ensure THE COMPANY’s equipment shall not be used for any purposes beyond its capacity or any manner likely to result in undue deterioration of the equipment.
THE COMPANY cannot be responsible for any injuries to personnel or damage to the property consequential to and arising from any improper use of the equipment by THE CUSTOMER or by any other person, whether or not authorised by THE CUSTOMER, during the period of hire.
Where THE CUSTOMER has erected equipment or modified a structure supplied by THE COMPANY, THE COMPANY will not be responsible for injuries to personnel or damage to property consequential to, or arising from this structure.
Any contract between THE CUSTOMER and THE COMPANY shall be governed by and construed in accordance with the Laws of England and THE CUSTOMER agrees to be subject to the exclusive jurisdiction of the English Courts.
THE COMPANY shall not be liable for delays in performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by THE COMPANY’s suppliers.
If either THE COMPANY or THE CUSTOMER are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but not longer than the continuance of the Force Majeure. The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability. If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more, then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.
3. Charges
Hire charges are based on the period of the contract irrespective of whether or not the equipment is in use.
Before issuing any equipment for hire, THE COMPANY may require a deposit from THE CUSTOMER which may be any sum up to the full replacement cost of the equipment hired. Similarly THE COMPANY may, at its discretion, require payment of the full hire charge in advance. Payment of all charges including hire charges and delivery charges is strictly payable within a maximum of fourteen days of the invoice date, although new accounts are subject to pay pro forma for the first three hires.
THE COMPANY will only accept payments via bank transfers; cash and cheque are subject to a 5% handling fee. THE COMPANY may charge THE CUSTOMER interest at the rate of 15% per annum on all sums which, from time to time, may be due from THE CUSTOMER to THE COMPANY hereunder and for the time being unpaid, such interest being calculated from the due date until the payment is received. THE COMPANY reserve the right to alter the credit terms at any time when in THE COMPANY’s opinion THE CUSTOMER’s financial condition or previous payment record so warrants. No payment is deemed to be made until received in THE COMPANY’s bank account.
THE CUSTOMER shall not be entitled to withhold payment of any amount payable to THE COMPANY because of any disputed claim of THE CUSTOMER in respect of faulty equipment or any other alleged breach of this or any other contract between THE CUSTOMER and THE COMPANY, nor shall THE CUSTOMER be entitled to set off against any amount payable under this contract any monies which are not then presently payable by THE COMPANY or for which THE COMPANY dispute liability.
THE COMPANY may charge a late payment processing charge of £15 for each 30 days from the date of invoice that payment is outstanding to cover the administration cost of pursuing the debt. If THE CUSTOMER is without a credit account or with insufficient credit with THE COMPANY, THE CUSTOMER will pay in advance via credit or debit card, the details of which will be kept on file until the hire is complete. Any outstanding charges will be charged to any cards used to book or pay for the hire.
If agreed hire charges are not paid on the due date then THE COMPANY will reserve the right to repossess the hired items and will not be liable for any damage or loss which may be suffered by THE CUSTOMER as a consequence of such repossession. Any costs related to the repossession of equipment incurred by THE COMPANY will be passed onto THE CUSTOMER.
In event of THE CUSTOMER returning equipment later than the agreed return date, THE COMPANY shall, at its absolute discretion, charge THE CUSTOMER a daily fee up to the full hire value of the outstanding equipment until it is returned.
In the case of equipment which is lost, stolen or damaged beyond economic repair THE CUSTOMER shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced.
THE CUSTOMER will reimburse all costs incurred by THE COMPANY in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification.
THE CUSTOMER agrees to pay THE COMPANY the full retail cost of any equipment lost, stolen or damaged beyond economic repair (without deduction for usage, wear and tear or age).
V.A.T. All prices quoted are exclusive of V.A.T., which will be charged at the rate in operation at the relevant tax point date.
4. Cancellation
If THE CUSTOMER wishes to cancel the contract they must do so in writing to THE COMPANY.
THE CUSTOMER agrees that in the event of cancellation, or part cancellation, of any required equipment hire or services, including man power, the following charges will apply:
30 + days before commencement of hire – nil
30 – 14 days before commencement of hire – 50% of the hire fee will be due to THE COMPANY.
14 – 7 days before commencement of hire – 75% of the hire fee + 100% of staff fees will be due to THE COMPANY.
Within 7 days of commencement of hire – 100% of the hire fee + 100% of staff fees will be due to THE COMPANY.
Any costs already incurred by THE COMPANY relating to the cancelled contract will be charged to THE CUSTOMER in addition to the above percentages. e.g. Booked accommodation, equipment purchased to fulfil the contract, pre-production time.