Terms & Conditions

UP IN SMOKE THEATRE CO LTD.   45 BRICKFIELDS BUSINESS PARK   GILLINGHAM   DORSET   SP8 4PX   01747 835666   

TERMS AND CONDITIONS OF HIRE  

1. 1 DEFINITIONS  
2. In This document the following words shall have the following meanings:
3.  1a The OWNER means the company, firm or person hiring out the Equipment;   
4. 1b The HIRER means the person who hires the Equipment from the Owner;   
5. 1c The EQUIPMENT means items specified on invoice and/or other contract.   
6. 1d The maximum period means to the agreed date or time period.   
7. 1e The site means the location specified by the Hirer where the Equipment is to be used.    
8. 2 TERMS AND USE  
9. 2a The Owner agrees to hire the Equipment to the Hirer for no longer than the  maximum period on the Terms and Conditions set out in this agreement.    
10. 2b The Hirer agrees to hire the Equipment for private domestic and for appropriate safe, legal and moral use only.    
11. 3 DELIVERY AND RETURN  
12. 3a The Hirer shall be responsible for collecting the Equipment from the Owner's  Premises and loading it and for returning and unloading it, unless  otherwise agreed in writing. Where the Owner agrees to deliver and  collect the Equipment, the Owner shall charge a reasonable price to be  confirmed before delivery.    
13. 3b Prior to delivery, the Owner shall ensure that the Equipment subject to hire is in  good working order.    
14. 4 HIRER'S OBLIGATIONS  
15. The Hirer must:    
16. 4a Check the Equipment at the start of the period of hire and report any faults within  24 hours. 
17. 4a.1 Any defective Equipment will be replaced upon its return  and no charge will be made for the first 24 hours. 
18. 4a.2 Any defective  Equipment reported after the first 24 hours will be replaced but the  Owner reserves the right to charge a reasonable amount for the time that  the Hirer has had the Equipment, this includes the cost of blown lamps, consumables  and used fluids etc.    
19. 4b Use the Equipment in a skilful and proper manner and not use the Equipment for  any purpose beyond its capacity;    
20. 4c During the period of hire, keep the Equipment properly maintained and repaired  and ensure its security and safekeeping;    
21. 4d Read any relevant operating and safety instructions supplied with the Equipment  and only use the Equipment or fit any accessories in accordance with  those instructions.
22. 4e All manuals and instructions supplied shall be  classed as part of the Equipment.    
23. 4f Immediately inform the Owner of any breakdown of the Equipment or any  problem affecting the working of the Equipment and return such  equipment as soon as possible to allow the Owner to repair or exchange  it. No charge shall be made for the hire of the Equipment during the  period that it is not in working order. The Owner shall be entitled to  replace the Equipment with equipment of a similar type where the  Equipment has broken down and is not immediately repairable. Where no  replacement equipment is immediately available or where the replacement  equipment is not satisfactory the Hirer will be entitled to terminate  the hire and claim for a refund for the period during which the  Equipment was out of order or may hire replacement equipment at dates to  be agreed in the future;    
24. 4g Allow the Owner access to inspect the Equipment upon reasonable notice at any  time;    
25. 4h Unless otherwise agreed in writing by the Owner, keep the Equipment in its own possession at the Site;   Return the Equipment in the same condition as when it was supplied to the Hirer,  reasonable wear and tear excepted. 
26. 4i The Owner shall be allowed to  charge for the cleaning and/or restoration of any Equipment not returned  in a good and proper condition. 
27. 4j Blown lamps will be chargeable.    
28. 4k Inform the Owner immediately of any accident involving the Equipment resulting in injury to persons or damage to property;    
29. 4l Inform the Owner immediately of any loss, theft or damage to the  Equipment. The Hirer shall be charged for the hire of the Equipment until the Owner is notified that the Hirer is no longer able to use it.     
30. 4m Assist the Owner and its insurers as far as reasonably possible where there is any loss, theft or damage to the Equipment, including  reporting any theft to the police;
31.  4n Not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Equipment to any third party;    
32. 4o Not repair the Equipment without the prior written consent of the Owner, excluding changing bulbs;    
33. 4p Ensure that it is adequately insured against any risks involved in the use of the Equipment such as personal injury or death.    
34. 5 CHARGING AND INSURANCE  
35. The equipment may be hired out on the basis outlined in Schedule 1 to this agreement.    
36. 5a The Hirer has the option of insuring the Equipment against loss,  damage or theft, the cost of which shall be added to the hire charge.  
37. 5b The Hirer shall not be liable to pay the Owner for any loss, theft or  damage to the Equipment where reasonable efforts have been made by the  Hirer to look after it or where damage arises due to the poor quality of  the Equipment. 
38. 5c Where any loss, damage or theft occurs because the Hirer  has failed to look after the Equipment the Hirer may have to pay the  Owner the cost of the Equipment at its new replacement value, or, in the case of a replacement being unavailable, pay the fee of the nearest item to no less a specification. 
39. 5d Ownership of hired goods cannot be transferred to the Hirer for any reason.   
40. 6 TERMINATION  
41. 6a The period of hire shall end at any time before the Maximum Period  by the Hirer returning the Equipment to the Owner within the times  specified in Schedule 1.  
42. 6b No refunds are made for early return  
43. 6c Where the Hirer fails to make payment on collection and fails to  offer security and full complete personal verifiable information the  Hirer will be in breach of contract and the Owner reserves the right to  terminate hire. Or if the Hirer shall do or cause to be done or permit  or suffer any act or thing whereby the rights of the Owner in the  Equipment may be prejudiced or put in jeopardy, the Owner shall be  entitled to terminate the hire immediately by notice in writing and it  shall thereupon be lawful for the Owner to retake possession of the  Equipment and for that purpose to enter into or upon any premises where  the same may be and the termination of the hire under this clause shall  not affect the right of the Owner to recover from the Hirer any monies  due to the Owner under this agreement or damages for breach thereof.    
44. 7 LIABILITY  
45. 7a The Owner shall not be liable to the Hirer for any direct loss or  damage suffered by the Hirer resulting from the Hirer s failure to  comply with any operating and safety instructions supplied with the  Equipment.  
46. 7b It is the Hirer's responsibility to ensure they have the skills and knowledge to carry, operate, transport or otherwise handle the equipment.
47. 7c The Hirer must not, in any way, collect equipment they do not have the knowledge or experience to use or transport in a manner that prevents injury or damage  
48. 7d The Owner shall not be liable to the Hirer or any third party for  any indirect or consequential loss of profit, consequential or other  economic loss suffered by the Hirer howsoever caused, as a result of any  negligence, breach of contract, misrepresentation or otherwise.  
49. 7e The Owner cannot be held in any way responsible for any consequence of failure of the equipment to perform as expected during any event.  
50. 7f Nothing in these Terms and Conditions shall exclude or limit the  liability of the Owner for death or personal injury caused as a result  of the Owner's negligence, breach of contract or otherwise.    
51. 8 SEVERANCE  
52. 8a If any term or provision of these Terms and Conditions is held  invalid, illegal or unenforceable for any reason by any court of  competent jurisdiction such provision shall be severed and the remainder  of the provisions hereof shall continue in full force and effect as if  these Terms and Conditions had been agreed with the invalid, illegal or  unenforceable provision eliminated.    
53. 9 GOVERNING LAW  
54. 9a These Terms and Conditions shall be governed by and construed in  accordance with the law of Great Britain and the parties hereby submit  to the exclusive jurisdiction of the British courts.    
55. 10 SCHEDULE ONE  
56. 10a Daily, weekend, weekly or extended hire may be arranged subject to the Hirers requirements at additional fees and subject to availability and agreement and such permission may not be presumed without due authority.    
57. 10b All charges for Hire are payable no later thanon  collection of Equipment.
58.  10c A deposit may also be required on collection of the Equipment,  which will be returned on the date that the Equipment is returned to the  Owner subject to the terms and conditions of hire.  
59. 10d Credit card details may be recorded and used to redeem extended hire fees, cost of cleaning, repairs and similar fees without further notice.    
60. 10e All Hirers will be required to complete a hire form and proof of ID at the start of Hire.    
61. 10f All Equipment must be returned by 12:00 Mid-Day on the last day of the hire term unless otherwise agreed on the signed Hire Agreement. 
62. 10g Unauthorised extended hire will be charged at a daily rate and payment may be taken without further notice and such fees will be noted on the signed Hire Agreement.
63. 10h Sunday returns can be arranged by appointment, but are subject to a £25+VAT surcharge fee for a one hour delivery slot, subject to availability and agreement
64. 10h.1 Should the Hirer miss the 1 hour time slot for a Sunday there will be no refund for the time reserved.
65. 10i.1 All cables will be returned individually, tidily coiled.
66. 10i.2 The Hirer accepts that a surcharge of 50p+VAT per metre, or per cable if shorter than 1m, will be applied for any and each cable not appropriately coiled.
67. 10i.3 Where cables are co-joined  or tangled, a minimum fee of £5+VAT will apply, per cable, in addition to the 50p per metre fee for untangling/separating.
68. 10i.4 Any fees for improper cable return listed on the Signed Hire Agreement take precedence
69. 10j Items must be returned in their original packaging. Fees apply for non return of boxes, bags and other packaging.
70. 10j.1 All boxes, bags, foam surrounds and other packaging materials must be returned in the condition they were supplied
71.