Hire – Terms and Conditions
All hires are subject to our Backline terms & conditions which follow below. Please do take the time to read them thoroughly; we have tried to keep them in Plain English as much as possible.
We are Purple Pro Audio, Unit B, St Catherine’s Business Complex, Broad Lane, Bramley, Leeds, LS13 2TD. If we agree to hire any audio goods or components (“the equipment”) to you (“the hirer), this will be subject to the following terms and conditions.
All orders placed by the Hirer are subject to these Terms and Conditions which are complete and exhaustive and override any other terms, conditions and provisions referring to the Equipment or to the business arrangements between the Hirer and the Owner. Any conflicting terms in documents passing between the Hirer and the Owner shall have no legal effect.
Nothing said or done by any agent, employee or servant of the Owner which varies the terms of this agreement shall be binding on the Owner unless reduced into writing and signed by the Owner and specifically varying the terms of this agreement. The period of hire shall commence on the date of the Delivery Note and must be signed by an authorised representative of the Hirer.
1 General
1.1 If you are hiring on behalf of a business or organisation you confirm that
you have the necessary authority to enter into this contract on behalf of
that business or organisation, and that you will indemnify us against all
losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.
2 Contract
2.1 You may place your hire order with us by email, phone, fax, mail or in
person.
2.2 We will provide you with an order quote confirming availability (or otherwise)
of the Equipment and stating total costs including installation, delivery or
other applicable charges. We will also provide you with a set of these terms
and conditions.
2.3 The contract between us will be formed when you advise us that you accept
the order quote.
2.4 Subject to the following clauses of this agreement, the period of hire
shall continue for the period set out in the rental confirmation (the "Hire
Period") and until the Equipment is returned in good and serviceable repair
and condition with fair wear and tear resulting from proper use accepted. 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. See Wear and Tear fig 14
2.5 If for any reason the Equipment is not available on the date on which the
period of hire is to commence, the Owner may by notice to the Hirer terminate
this agreement and neither party shall have any liability to the other after
such termination except the Owner will return any deposit paid by the Hirer
to the Owner under this agreement.
3 Hire Charges
3.1 Our hire charges and all other applicable charges will be as shown in
the order quote. The order quote will also show the date the charges will start
from and the period of the hire.
3.2 You should return all Equipment to us no later than 12 noon on the date
shown on the contract and all equipment should be clean and in good working
condition.
3.3 You agree to reimburse us for all costs in connection with cleaning, repairing
or replacing. Equipment not returned in clean and good working condition will
be liable for charges at the daily rate shown in the order quote for the period
of such repair or replacement.
3.4 We reserve the right to impose additional charges at the daily rate for
the period in which any item of Equipment is not available for use by our other
customers because of your breach of these terms and conditions.
3.5 Where we have taken a deposit we may retain the whole or part of this in
order to set against any liability you have to us in relation to the hire of
the Equipment.
3.6 The Owner reserves the right to add to the Hire Charges the cost of keeping
the Equipment insured throughout the Hire Period.
4 Obligations of the Hirer:
The Hirer shall:-
4.1 Punctually pay all sums due to the Owner under this agreement.
4.2 Keep the Equipment in good and serviceable repair and condition (fair wear
and tear resulting there of excepted).
4.3 Notify the Owner of any loss or damage or destruction to the Equipment
within 24 hours of such loss, or damage or destruction being sustained. The
Hirer will either pay to the Owner the cost of carrying out any repairs to
damaged Equipment or will (at the option of the Owner) repair the Equipment
themselves or arrange for the equipment to be repaired by a contractor approved
by the Owner (such approval not to be unreasonably withheld or delayed) at
the cost of the Hirer. The Hirer will pay to the Owner the cost of replacing
any lost or destroyed Equipment or any Equipment which in the opinion of the
Owner is uneconomical to repair, with new Equipment of equivalent specifications.
4.4 Pay compensation to the Owner for loss of use or damage at a rate equivalent
to the Hire Charge payable for the Equipment until such time as the lost or
damaged Equipment is replaced or repaired or returned to the Owner in the state
of repair and condition required by this agreement to the Premises. Such compensation
will be in addition to, not in lieu of, the cost of such replacement or repair
which will be born by the Hirer. The compensation will not exceed an amount
equal to 12 weeks hire charges for the Equipment. If after 12 weeks the equipment
is not fully repaired and returned to the Owner the hirer will be liable for
the full replacement cost of the equipment. Keep the Equipment in its safe
custody and control.
4.5 Ensure that the Equipment is used only in a skilful and proper manner and
only by persons having the appropriate qualification and experience in the
use of the Equipment and that all information and advice relating to its use
is strictly observed. Ensure proper care of the equipment and that it is safely
and properly stored.
4.6 Not use the Equipment or permit it to be used for any abnormal or hazardous
assignments without the prior consent of the Owner.
4.7 Promptly attend to and pay for all maintenance of the Equipment where the
Hire Period is 30 days or longer.
4.8 Subject to paragraph 4.3, do not carry out or attempt to carry out any
repairs or modifications to the Equipment without the prior written agreement
of the Owner, but, subject to such written agreement having been given, procure
the prompt performance and payment for all repairs and other work necessary
to keep the Equipment in the state of repair and condition required by this
agreement;
4.9 Punctually pay all registration charges, mortgage repayments, license fees,
rent, rates, taxes and other out-goings payable in respect of any premises
in which the Equipment may from time to time be placed or kept and produce
to the Owner on demand receipts for all such payments, the Owner being at liberty
in the event of default by the Hirer in making such payments to make all or
any of such payments and then recover the amount thereof from the Hirer forthwith.
4.10 Where spare parts, for example, lamps, valves and diaphragms are provided,
return them to the Owner at the end of the Hire Period, otherwise the cost
of replacement parts will be charged to the Hirer in full.
4.11 Permit the Owner and any person authorised by him at all reasonable times
to enter upon the premises in which the Equipment is being kept or stored for
the purpose of repairing or inspecting and examining the condition of the Equipment
or the conditions in which it is being kept.
4.12 Keep the Equipment at all times in his possession and control and to notify
the Owner of the location of the Equipment and not to cause or permit any of
the Equipment to be affixed to any premises.
4.13 Notify the Owner of any change in the Hirer's address and/or contact details
and upon request by the Owner promptly inform the Owner of the whereabouts
of the Equipment.
4.14 Not remove the Equipment from the U.K. without the prior written consent
of the Owner.
4.15 Keep the Equipment free from any distress execution or other legal process.
4.16 Not without the prior written consent of the Owner 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 or remove, deface,
obliterate or cover up any label plate or other mark indicating that the Equipment
is the property of the Owner. In the event of a breach of this clause 14.19
by the Hirer the Owner shall be entitled (but shall not be bound) to pay to
any third party such sum as is necessary to produce the release of the Equipment
from any charge, encumbrance or lien and to recover such sum from the Hirer
forthwith.
4.17 In circumstances where the cost of insurance is not added to the Hire
Charges, the Hirer shall during the Hire Period and at the cost of the Hirer
insure the Equipment and keep it insured against loss or damage by accident
fire and theft to the full replacement value of the Equipment with an insurance
company to be approved by the Owner under an all risks policy of insurance
in the name of the Owner free from restriction or excess (the "Insurance").
The Hirer hereby irrevocably appoints the Owner as his agent for the purpose
of receiving all monies under the Insurance and giving a discharge thereof.
4.18 Punctually pay all premiums payable under the Insurance and produce the
receipts for the premiums to the Owner on demand and do everything necessary
to maintain the Insurance in full effect and not do anything whereby the Insurance
will or may be vitiated.
5 Payment
5.1 At our discretion we may ask for payment in full prior to delivery, payment
within 30 days of delivery, or we may ask for a deposit prior to delivery with
the balance within 30 days. The precise structure of payment will be specified
in the order quote.
5.2 We accept payment by cash, debit/credit card, cheque [subject to clearing]
or BACS transfer.
5.3 Where any payment is not made by the date specified in the order quote
we shall be entitled to charge interest on the outstanding amount at Purple
Pro Audio’s current standard administrative charges.
6 Delivery
6.1 We only deliver to customers in the United Kingdom, and all goods must
be signed for by an adult aged 18 or over.
6.2 Equipment will be delivered in good working order. Unless notice is received
to the contrary as soon as reasonably practicable and in any event no later
than within 24 hours of delivery, Equipment will be deemed to be in good working
order, except for defects not detectable by reasonable examination.
6.3 Our estimated time for delivery will be stated in the order quote. We hope
to deliver these estimates but occasionally delays will occur, despite our
best efforts. We will not be liable for any delay or failure to deliver within
such estimated timescales.
7 Installation
7.1 Installation charges will be shown in the order quote. We may wish to carry
out a free site inspection before installation and you agree to allow as such
access as we reasonably require for this purpose.
7.2 Where we are unable to carry out installation through error or fault on
your part, we reserve the right to charge for our time at the rates shown on
the order quote.
8 Risks
8.1 The risk in the Equipment will pass to you upon delivery or installation,
or, where you choose to uplift the Equipment directly, at the moment of uplift.
8.2 When uplifting the Equipment directly from us you should ensure that you
have suitable transport as we reserve the right to refuse removal of Equipment
where appropriate arrangements for safe and lawful transport of the Equipment
has not been made. If the start of the hire is delayed for this reason we reserve
the right to charge at the daily rate shown in the order quote during the period
of delay.
9 Cancellations
9.1 You will not be entitled to cancel the contract once the Equipment has
been uplifted or delivered, unless we agree to such cancellation.
9.2 If you are a business customer and wish to cancel the contract more than
4 days before the start of the hire we will refund monies paid less any delivery,
restocking fee or similar charge which we incur.
9.3 If you are a business customer and wish to cancel the contract within 4
days of the start of the hire the following cancellation charges will apply
(being a percentage of the hire charge excluding delivery and installation
charges).
a) 72 -96 hours before start of hire period – 25% of hire charge.
b) 48 - 72 hours before start of hire period –50% of hire charge.
c) 24 – 48 hours before start of hire period –75% of hire charge.
d) Less than 24 hours before start of hire period – 100% of hire charge.
9.4 If you are a consumer then you have the right to cancel the contract for
a period of 7 days starting from the day after the contract is formed, or until
the hire commences, whichever is the sooner.
9.5 If you are a consumer cancelling under clause 9.4 then you must advise
us in writing immediately at Pro Audio, Unit B, St Catherine’s Business
Complex, Broad Lane, Bramley, Leeds, LS13 2TD or by email to info@purpleproaudio.com.
We are not obliged to accept cancellation once the hire has started.
10 Maintenance
10.1 You agree to properly maintain the Equipment during the period of the
hire and to notify us as soon as reasonably practicable if there is a problem
with the operation of any item of Equipment.
10.2 Any damaged or faulty item of Equipment should be returned, at your expense
(subject to clause 10.3) to us. In no circumstances should you proceed to repair
any item of Equipment without our prior approval.
10.3 Where the problem with the Equipment is caused by a fault not discoverable
by reasonable examination in terms of clause 6.2 above, we will reimburse you
for reasonable transportation costs and for hire charges during the period
when the Equipment could not be used due to this fault. However our obligation
under this clause does not cover faults caused by misuse wear and tear, accident
or neglect.
10.4 You shall not alter or modify the Equipment or use it for purposes for
which it is not designed.
10.5 You agree that we have a right of access to the Equipment in order to
inspect, repair or replace it and you authorise us to enter any property where
the Equipment is located or where we reasonably believe it
to be located, to carry out such inspection, repair or replacement.
11 Liability and Indemnity
11.1 To the fullest extent permissible under law, we will not be liable for
any losses you incur arising out of or in connection with the hire of the
Equipment.
11.2 Notwithstanding the terms of clause 8.1 in the event that we are held
liable for losses which you have incurred arising out of or in connection with
the hire of the Equipment, our liability to you shall be limited to a sum equal
to the amount paid by you for the Equipment hired.
11.3 You agree to indemnify us at all times in respect of all claims by any
person in relation to any injury, loss, claim or expense arising out of or
in connection with the use of the Equipment
11.4 If you are a consumer, this clause 8.1 does not affect you statutory rights.
12 Termination of Hire
12.1 We shall be entitled to terminate the contract immediately and to repossess
the Equipment at any time where you are in breach of these terms and conditions,
or you take any steps, or if any process or
action is started which, in our reasonable opinion suggests that your solvency
is in doubt.
12.2 Where the provisions of 12.1 apply, you authorise us to enter any property
where we reasonably believe Equipment to be, in order to repossess such Equipment.
13 Governing law
13.1 These terms and conditions and the contract for the hire of the Equipment
are governed by law and are subject to the exclusive jurisdiction in court.
14 Wear And Tear
Degrees of wear and tear:
1. General wear and tear expected from regular use of equipment [E.g. slight
scratching, marks on drum heads etc.] will incur no charge, at discretion of
the Owner.
2. Overuse of equipment: Overheating of amps, broken valves, dented heads or
split heads, chunks out of equipment, broken leads etc. Will incur administration,
repair and parts charges.
3. Broken beyond repair or loss of equipment, will incur a full charge to the
value of the equipment or its current equivalent at the current market RRP.
If there is a delay in sourcing replacement equipment the hirer will be charged
daily hire rate until new equipment arrives