In these Conditions TRANSMISSION TX LTD is referred to as ‘the Company’ The company, person or firm hiring equipment or services is referred to as ‘the Hirer’. The Hirer acknowledges and agrees by placing orders with the Company that:-
The Company enters into all agreements with the Hirer solely on the terms of these Conditions and no representation or warranty collateral or otherwise shall bind the Company and no statement made by any representative by or on behalf of the Company shall vary these Conditions unless such representation, warranty or statement shall be made in writing and signed by a director of the Company and shall be stated to be made specifically in pursuance of this clause (1) of these Conditions. The Company shall not be bound by any Conditions of business of the Hirer unless such conditions are expressly accepted by the Company by a statement made in writing signed by a Director and stated to be made specifically in pursuance of this clause (1) as aforesaid. Where there is any variance between the Hirer’s conditions and these Conditions, these Conditions shall prevail.
In respect of any exclusion, limitation, modification of liability or indemnity hereinafter appearing, the Company contracts on behalf of itself, its directors, servants and agents. The same shall inure to the benefit not only of the Company but also for its directors, servants and agents.
All quotations are made by the Company without obligation. The Company reserves the right to vary the rates and specifications quoted in their rate card/brochure at any time without prior notice. All rates published are subject to the addition of VAT.
Where in these Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend or seek to purport thereby to exclude, restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in section (1) of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in these Conditions is intended to exclude, restrict or modify liability on the part of the Company for any breach of the obligations arising from section (12) of the Sale of Goods Act 1893 or section (8) of the Supply of Goods Implied Terms Act 1973 and these conditions shall have effect accordingly.
a) Whilst the Company shall make every effort to assist the Hirer with general advice and service, the Company shall not guarantee that the Hirer will achieve his intended result by the use of hired equipment and other facilities and that it is the Hirer’s responsibility to ensure that the equipment is fully suitable in all respects (including type and condition) for the purpose for which it is hired.
b) Notwithstanding the terms of any conditions contained, warranties or representations, whether express or implied, statutory or otherwise. The Company shall not be liable in any way for loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Hirer or any third party resulting from any delay or late delivery, defect or deficiency of, or relating to any equipment or ancillaries, or any failure, error or mistake by technicians or other staff of any nature whatsoever.
c) The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock-outs, restrictions, non-availability of goods, materials or labour or owing to any other cause whatever beyond its control. If the Company is prevented from performing its obligations under this contract for a period of 30 days or more, the Hirer will be entitled to terminate this contract immediately upon written notice without liability to the Company.
d) Time is not of the essence of any contract with the Hirer and the Company shall not be liable for any delays in the supply of equipment, materials and services by it, or any losses whatsoever due to any such delays howsoever caused. The Hirer may without liability cancel the hire booking/contract if the Company fails to make the equipment or service available to the Hirer on the due date as detailed in the Contract Hire Agreement.
e) All equipment and materials entrusted to the Company and all equipment and materials and services supplied by the Company are entirely at the Hirer’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, except if it is proved to the satisfaction of the Company that digital storage media supplied by the Company to the Hirer or entrusted to the Company by the Hirer has been damaged or lost due to the fault of the Company, its directors, servants or agents; the Company undertakes to replace such digital storage media with a similar device of similar quality without additional charge. The Company shall in no circumstances be under any other liability whatsoever resulting from, or in connection with or consequence of such damage or loss.
f) The Hirer shall be required to insure its materials and its work, recordings, artistes and general operations against any loss, damage or liability caused by or arising out of, or in connection with equipment, materials or services supplied by the company or any contract with the Company.
g) The Hirer shall at all times keep the Company, its directors, employees, servants, agents and licensees, fully indemnified against all actions, proceedings, expenses, servants agents or licensees by any third party, in respect of any alleged injury, loss, damage or expense arising out of, or in connection with the Hirer’s use of the equipment provided by the Company, including, when the equipment is supplied with technical support as a service, the breach of copyright or any other proprietary or other rights of third parties generally resulting from Company’s compliance with the Hirer’s instructions.
The Hirer shall compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of equipment, materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition, fair wear and tear excepted or for any breach by the Hirer of these Conditions.
The Company is prepared to effect equipment and or vehicle insurance on the Hirer’s behalf. A charge will be made as part of the agreement or separately and the Hirer or his authorised representative/agent acknowledges in writing, his acceptance of the terms and conditions of the Company’s policy. Full details of the cover provided, with terms, conditions and exceptions of the policy shall be made available by the Company at the Hirer’s request. Acceptance of the Company’s insurance places the Hirer under the same terms, conditions and exceptions as the Company, as though the Hirer were the insured, observing and fulfilling such terms and conditions and exceptions specified in the policy. The Hirer undertakes to make full disclosure of all material affecting such insurance (for example overseas or hazardous or abnormal use, or use which may expose the equipment to the elements, salt water, spray or dust, or use involving non-scheduled aviation) and undertakes not to do or omit to do anything which would have the affect of invalidating such insurance. Any such disclosure must be made or confirmed by letter, sent to the Company by recorded delivery or facsimile transmission to arrive in sufficient time for the underwriters to be consulted. It must be noted that the Hirer is required to pay the first £500 of any loss (£800 outside the UK) and that whilst the cover which the Company can effect represents the maximum cover available on a general basis under the present conditions, the Hirer will nevertheless remain liable for any additional hire charges and for all risks of loss or damage outside the terms of the Company’s policy (including for example war risks) without limitation and in accordance with these Conditions. Consequential loss of any nature is specifically excluded and equipment is not insured in unlocked, non-alarmed or unattended vehicles.
Without specific written instructions to the contrary, the Company will effect its own insurance on the equipment and charge the Customer accordingly. Where the Hirer effects insurance the Hirer shall ensure that the Company’s interest is noted by insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. Particulars of replacement values will be supplied by the Company on request. Any insurance arranged by the Hirer shall be in terms not less favourable that the terms of the Company’s insurance, a summary of which appears above (clause 8).
Without the previous consent of the Company, hired equipment must not be used on any abnormal or hazardous assignment nor be taken out of the United Kingdom or taken from the ground other that on a regular scheduled flight by an airline recognised by I.A.T.A. The Hirer must keep hired equipment in their custody and must ensure that it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment hired. The Hirer must protect hired equipment from the elements, salt water, dust and spray and take all reasonable precautions for its safety. Under no circumstances may Hirers alter, add to, modify, adopt or misuse equipment hired to them by the Company or affix to, install thereon or insert therein any accessory, equipment or device incompatible with its proper use, nor interfere in any way with the mechanism thereof or any nameplates, signs or serial numbers thereon.
The Hirer shall pay to the Company the full replacement (as new) value of hire equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 5 of these Conditions, the Company undertakes to effect insurance in respect of equipment supplied, the Hirer’s liability under this Clause will be reduced by the amount recoverable under such insurance.
Equipment returned late will be charged at the single daily rate (as published in the Company’s list of rates or as agreed in writing) for each 24 hours or part thereof, irrespective of any reduction or discount that may have been negotiated on the original booking.
If notice of cancellation or curtailment of booking is received by the Company at 24 hours or less notice, then the booking will be charged at full rate. Similarly, bookings cancelled at 48 hours or less will be charged at 50% of the rate and 72 hours or less at 25% of the rate. If a deposit has been paid then this will be non-returnable once the booking has been confirmed regardless of any cancellation notice being given.
a) All equipment and materials supplied without crew by the Company shall be examined and checked and subjected to appropriate tests by the Hirer before being taken into use and if found to be defective or deficient will be replace or the defects/deficiencies remedied by the Company without additional charge. Under no circumstances shall the Company be liable for transportation charges for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment and materials supplied or agreed to be supplied.
The Company shall at its own expense at all times during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Hirer returns any equipment needing attention to the Company’s premises or notifies the Company’s technician were an assistant has been supplied with the equipment. Carriage, insurance and handling charges, including charges for the return journey of repaired or replacement equipment to be paid by the Hirer. The Company will suspend the payment of hire charge during the period in which the equipment is out of service or until it is replaced, as the case may be, but the Company shall not in any circumstances be liable to the Hirer for any loss or damage or expense incurred or sustained in connection with or resulting from the return or repair or replacement of such equipment.
No person other than a person authorised or employed by the Company and holding a current licence may in any circumstances drive vehicles supplied by the Company. Where such vehicles are used by or on behalf of the Hirer, in circumstances not covered by the Company’s insurances, the Hirer undertakes to effect the appropriate insurance.
a) All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Hirer who shall for all purposes be deemed the Bailee of the said equipment.
b) The Hirer must not sell, loan, assign, pledge, encumber, part with or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Customer making any attempt to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights in the equipment. The same to apply if the Hirer becomes subject to any bankruptcy or liquidation proceedings or becomes insolvent or allows any judgement, or a well found claim to remain unsatisfied or fails to pay any hire charges or other sum due to the Company or fails to comply with these Conditions.
The Hirer agrees that a representative of the Company may enter (having given reasonable notice) upon any premises upon which hired equipment may be kept or reasonably believed to be kept, for the purpose of its recovery at the termination of any hiring period. Where such equipment is on premises not occupied or under the control of the Hirer, the Hirer undertakes to secure for the Company, permission to enter for such purposes and the Hirer shall compensate the Company for any costs incurred in repossessing hire equipment.
The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Hirer for any sum for the time being due to the Company.
No acceptance of the return of repossession of the equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions. Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment, materials or services supplied by the Company, given or made by any director or by any servant or agent of the Company, or by any technician whose services are supplied to the Hirer, is given or made only on the condition that the Company shall in no circumstances be liable for loss or damage of any kind resulting therefrom or howsoever caused. No recommendation or nomination by the Company of any person whose services the hirer engages shall in any circumstances render the Company, its directors, servants or agents liable for any loss or damage of any kind resulting therefrom or connected therewith however caused.
These Conditions shall be governed by and interpreted according to English Law and the parties shall submit to the exclusive jurisdiction of the English courts.
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