Terms of Hire
1. For the purpose of this document the ‘Company’ means SFX Supplies & Hire Ltd trading as ForceFX and the Hirer means the person hiring the equipment or services and ‘hiring’ is for the ‘Hire Period’ as stated
2. The Hirer must pay the Fee without any deductions for the whole Hire Period unless the Company in its absolute discretion agrees in writing to early termination
3. The Fee for the hire is the total price including valued added tax at the appropriate rate
4. The Hirer has purchased any Consumables outright and is not entitled to return all or any of them for refund if not required
5. By accepting delivery of the Equipment, the Hirer acknowledges that the Equipment is inspected, tested, commissioned, in good working order, complete, of satisfactory quality, fit for its purpose and otherwise acceptable in all respects
6. From the time that the Equipment is delivered (wherever delivery occurs) to the Hirer & until it is delivered back to the Company in accordance with these Terms (including during transit, & periods of storage as well as use) as between the Company and the Hirer the Equipment is at the risk of the Hirer. For avoidance of doubt this means the Hirer is liable for the total cost of replacing the hire equipment including any shipping containers should it not be returned to the company at the end of the hire period
7. The Hirer acknowledges that the Company has no liability for any failure of the Equipment to perform as the Hirer wishes or for any loss or damage caused by the use of the Equipment
8. The Hirer will keep and return the Equipment in good condition and will indemnify the Company from the cost of repairing any defect or damage suffered by the Equipment between the time that is it delivered to the Hirer and the time that it is returned to the Company
9. Equipment must be returned to ForceFX Unit 8 Lindfield Enterprise Park, Lewes Rd, Lindfield, West Sussex RH16 2LH before 5.00pm on the last day of the Hire Period or, on demand from the Company if the Hirer fails to comply with any of these Terms of Hire
10. The Hirer must notify the Company of loss of or any damage caused to or by the Equipment as soon as is reasonably practicable after discovery
11. The Hirer will be liable for the cost of repair/replacement of the hire equipment if it is found that it has been damaged by negligence including but not limited to, using the wrong power, incorrect or unsuitable fluids, cuts abrasions or kinks in hoses/cables which are supplied neatly coiled and taped. Cable\hoses not returned neatly coiled and taped are liable to a surcharge of £1.00 per unit
12. Except with the written permission signed by a director of the Company the Equipment must not be removed from the UK
13. Without prejudice to the right of the Company to recover the Equipment, the Hirer will pay the Company a Default Charge for each day or part of a day from the end of the Hire Period until all the Equipment is returned in accordance (save as to the date of return) with these Terms of Hire
14. In the event of total loss of the Equipment the Hirer must pay, in addition to any accrued Default Charges up to the date that the Hirer reports the total loss to the Company the total of the cost to the Company of replacing the lost Equipment and any losses suffered by the Company as a result of the Equipment being unavailable for hire. Without limiting the liability of the Hirer in the event of loss of or damage to the Equipment, the Hirer will on demand show the Company, and allow the Company to make a copy of, its insurance policy from time to time covering the risk of loss or damage to the Equipment and the indemnification of the Company for such loss
15. The Hirer will not alter or modify the Equipment in any way plugs and sockets must NOT be removed from any equipment
16. Hired items are, and remain, the property of the Company at all times. Sales items are sold on a sale-only basis and are not on sale-or-return. Any sales item returned for credit will be subject to a minimum handling / restocking charge of 25%
17. The Hirer will not use or allow the use of the Equipment except by suitably qualified and experienced operators and always in accordance with recommendations given by the Company and for the purpose of the Hirer using the equipment to lawfully provide entertainment. The Hirer is responsible for carrying out suitability tests in a safe place at a safe time before using the equipment and the writing of risk assessments and method statements is the responsibility of the hirer and whilst general advice is available the Company is unable to provide any specific documentation for dry hires
18. Where a returns collection has been requested by the Hirer and that collection has not been successful due to an error or omission by the Hirer then the Hirer will be liable for rebilling of any penalty charges imposed by the courier or for any transport costs incurred by the use of the Company’s own vehicles
19. Without prejudice to the right of the Company to recover any sum that is due from the Hirer, the Company is entitled to:
(i) withhold from any Deposit any such sum and is not required to return the remainder to the Hirer until by cheque or BACS payment; or
(ii) charge any such sum covering the loss to the company to the Credit/Debit card given at the time of hiring
20. By placing the hire order the Hirer is confirming their instruction to the Company to retain their credit card details and to charge back to their card (without further authorisation) the cost of repairing any damages incurred, the hire costs of any late returns; or the full replacement value of any lost items from the hire
21. The Hirer will pay the Company on demand interest at 5% per month above the base lending rate of Barclays Bank plc on any sum due under these Terms of Hire which remains unpaid
22. The Hirer will permit the Company’s authorised representatives to enter any premises in which the Equipment is kept for the purpose of checking that the Hirer is complying with its obligations under these terms of hire or for repossession of the company’s equipment on failure to return or pay for the hire
23. No variation of these terms is binding on the Company unless the variation is written and signed by a director of the Company
SFX Supplies & Hire Limited. Registered in England, Company Number 03144742. 8 Lindfield Enterprise Park, Lewes Road, Lindfield, West Sussex. RH16 2LH
VAT Number GB 862 9138 02. SFX Supplies and ForceFX are trading Names of SFX Supplies & Hire Ltd