THE MEDIA SERVICES COMPANY (LONDON) LIMITED
TERMS AND CONDITIONS FOR HIRING OF EQUIPMENT


1) GENERAL
The following terms and conditions constitute the entire agreement between you (the Hirer) and The Media Services Company (the Owner). Unless otherwise agreed in writing by the Owner, these terms and conditions will attach to all transactions for the hiring of equipment by the Hirer from the Owner.

2) PERIOD OF HIRE
The Hirer shall be liable for term
of hire charges as from the time for which the equipment is ordered (which shall be the commencement of the hire period) until either i) the time of its return to the Owner or ii) if the equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such case the time of its replacement or repair and the Owner undertakes to replace the same as soon as reasonably possible. A twenty-four hour period or part thereof constitutes one day's hire.

3) HIRE CHARGES
The charges for rental shall be at the rates shown in the price list current at the commencement of the hire or such other hire charges as may have been agreed in writing between the Owner and the Hirer.

4) COMMENCEMENT AND TERMINATION OF HIRE
4.1 The hire commences at the time the equipment is collected by the Hirer from the Owners premises or at the time the equipment is dispatched from the Owners premises and continues until the time the Hirer returns the equipment to the Owners premises or notifies the Owner that the equipment is available for collection. It is the Hirer’s responsibility to inform the Owner of intentions to either terminate or extend the hire.

4.2 It is the Hirer’s responsibility to obtain, from an authorised member of the Owner’s staff, a written acceptance of receipt of the equipment when returned by the Hirer’s own transport.

4.3 If the equipment is not received at the Owner’s premises or the Hirer fails to make equipment available for the Owner’s transport or appointed agent at the agreed time of termination of the hire, then the period of hire shall be deemed to continue as referred to in clause 2 above.

4.4 At the termination of the hiring by either party and in the case of a hiring for a fixed period no later than the end of such period, the Hirer will make the equipment available for collection by the Owner.

5) ORDERS AND INSTRUCTIONS
Any order or instruction required to be given to the Owner by the Hirer shall be given by him or his duly authorised agent in writing. If given orally it shall be confirmed in writing to the Owner within three days. The Owner shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer not received by the Owner in writing or so confirmed.

6) DELIVERY AND COLLECTION
6.1 The equipment shall be delivered and collected at such time and place as shall be mutually agreed between the Owner and the Hirer. The Owner shall use its best endeavours to comply with any delivery schedules but will accept no liability for non delivery by a specific time or date or within a specified time from receipt of order. When the equipment is collected from the Owners premises or is delivered to the Hirer, the Hirer or his agent or his representative shall sign the agreement (if not signed prior thereto) presented by the Owners representative and this shall be conclusive proof of the quantity and delivery in good condition of the equipment and the date and time of delivery specified in the agreement.

6.2 Unless otherwise agreed in writing between the Owner and the Hirer it shall be the responsibility of the Hirer to return the equipment to the Owner on termination of the hire. If the Owner agrees to collect the equipment on termination of the hire, the Hirer shall remain fully responsible for the safety, protection, repair and condition of the equipment until it is in the possession of the Owner.

7) CANCELLATION
Without prejudice to any other right or remedy to the Owner in the event of the cancellation of an order by the Hirer, the Owner reserves the right to make a cancellation charge. A sliding scale of cancellation charges will be applied as follows:
Cancellation within 48 hours of commencement of hire, the Hirer would be liable to pay the Owner 100% of total fees quoted.
Cancellation within 1 week of commencement of hire, the Hirer would be liable to pay the Owner 75% of total fees quoted.
Cancellation within 2 weeks of commencement of hire, the Hirer would be liable to pay the Owner 50% of total fees quoted.
Hirers may additionally be charged the value of any expense incurred by the Owner, on the Hirer’s behalf.

8) OBLIGATIONS AND CONDITIONS OF USE
8.1 The Owner endeavours to ensure that all equipment let on hire to the Hirer is sound and in good order and condition at the time of delivery to, or collection by, the Hirer but it shall be the responsibility of the Hirer to ensure that the equipment is fully suitable in all respects, including type and condition and that it is and remains satisfactory for the purpose for which it is hired.

8.2 The Hirer shall use, or intend to use the equipment in a skilful and proper manner and shall at his own expense keep it in good and substantial repair and condition (save for fair wear and tear) and further shall take all precautions necessary to ensure its safety and security.

8.3 The Hirer will not open the outer case (if any) of the equipment or of any item or part thereof nor interfere in any way with the equipment or the mechanism thereof or any nameplates or signs or serial numbers thereon and will not expose the equipment to the elements and will keep the equipment protected in all respects.

8.4 Any damage to the equipment including loss or damage caused by non familiarisation or misuse of the same is the sole responsibility of the Hirer who will be charged with the cost of repair or full replacement value of the equipment as the case may be.

8.5 The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the equipment.

8.6 In the event of any breakdown or alleged defect in the equipment the Hirer shall give immediate notice to the Owner of the discovery of the alleged defect specifying the nature of the defect. The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective. The Owner will use its best endeavours to supply immediately an identical or similar piece of equipment. Replacement equipment will be provided free of hire charge and also free of any delivery charges to any location within a one hundred mile radius of Central London. Delivery outside that radius will be charged to the Hirer at cost.

8.7 All cables must be returned coiled and taped. Where applicable, all equipment should be repackaged in the original cases/boxes.

8.8 Equipment must be returned on the date specified, in a clean and serviceable condition.

9) INDEMNITIES
Any claim for damages by the Hirer against the Owner arising out of the Hirers use of the equipment shall, subject to the Owner admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owner as at the date of the Owner receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owner fully indemnified against any loss or damage to any property arising in connection with any of the said equipment or as a result of the use thereof. The Owner shall not be liable for any loss which may arise out of or in connection with the failure of the equipment for whatever reason. Save as provided by law, the Owner excludes all warranties relating to the equipment and the Hirers use thereof save as specifically stated herein. The Owner shall not in any circumstances be liable to the Hirer or any third party for any claims in respect of loss of profits, special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to persons or property howsoever caused whether arising directly or indirectly from the hire or use of the equipment by the Hirer.

10) OWNERSHIP
The equipment is and shall remain the sole property of the Owner save that for purposes connected with financing of the equipment, the property/equipment may be vested in a third party. The consent of the Hirer will not be required for the assignment or transfer of this agreement or the benefit thereof from or to the Owner to or from any bank leasing company or finance house being the owner of the equipment.

11) PAYMENT TERMS
11.1 Payment of all hire charges, including delivery charges must be made at the time as specified within the relevant job quotation or as below, or when unspecified, within 30 days of the invoice date.

11.2 All new clients without credit terms will be expected to prepay for all equipment or services in full 10 days prior to the event. Non-payment may result in non-supply of equipment and services by Media Services.

11.3 For all clients with credit terms unless a private specific agreement has been reached, will need to follow the following conditions for events over £5,000.

• Payment should be made to Media Services 30 days after the invoice date and as per the payment terms of 30 days and within the agreed credit limit unless an event is over £5000 in value inc vat.

• Payment terms for events between the value of £5,000 and £25,000 inc vat means that a 50% deposit is required 10 working days prior to the event.

• Payment terms for events over the value of £25,000 inc vat means that a 75% deposit is required at least 10 working days prior to the event.

11.2 If the Hirer fails to make any payment in full on the due date, the Owner may charge the Hirer interest (both before and after judgment) on the amount unpaid pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and compensation pursuant to the Late Payment of Commercial Debts Regulations 2002.

11.3 The Owner will set a reasonable credit limit for the Hirer, which will be advised. The Owner reserves the right to terminate or suspend the agreement for hire and/or the provision of Services if allowing it to continue would result in the Hirer exceeding its credit limit or the credit limit is already exceeded.

12) DEFAULT
If the Hirer shall default in making any payment for any period in excess of 30 days or if the Hirer is in breach of these Conditions of Hire, then the Owner shall be entitled to terminate this agreement forthwith and enter upon the Hirers premises and to remove the equipment without notice to the Hirer. The Owner is hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owner of its rights herein reserved. This shall include the Owner recovering all amounts outstanding and payable as a result of such action.

13) FORCE MAJEURE
If either the Owner or the Hirer 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.

14) SAFETY
It is the Hirer's responsibility to make sure that all people who use the equipment are properly instructed in its safe and correct use. The Hirer shall ensure that the equipment is not misused, and that supervision is at all times adequate.

15) ELECTRICAL EQUIPMENT
15.1 Where any part of the equipment is electrical, it should normally be used with plugs and/or sockets as fitted, but if temporarily fitted with other suitable plugs or sockets, this must be carried out by a competent person who must also return it to its original condition.

15.2 It is the Hirer's responsibility at all times to arrange a suitable supply of electricity for use with the equipment.

15.3 Under no circumstances should electrical equipment be used without it being correctly earthed unless it is of double insulated specification.

15.4 The Hirer is responsible for complying with the requirements of the Electricity at Work Regulations 1989 or any amendments to them during the period of hire.

16) EXPORT CONTROL
The Hirer shall not take the equipment out of the UK without the specific agreement of the Owner. The Owner bears no responsibility for any charges, fees or fines, VAT or duty payments imposed by any authority or shipping agent in the UK or overseas.

17) VAT
All prices quoted are inclusive of VAT which is charged at the rate in operation at the relevant tax point date.

18) GOVERNING LAW
Any contract between the Hirer and the Owner shall be governed and construed in accordance with laws of England and shall be subject to the jurisdiction of the English Courts.

19) MISCELLANEOUS
19.1 If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further.

19.2 Any waiver, indulgence or forbearance by either party of any of these Conditions of Hire and/or any breach thereof shall apply only in the particular instance or instances in which such waiver, indulgence or forbearance occurs and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.

20) ORIGINAL MATERIAL
The Hirer is strongly advised not to use any original material on, in, or in connection with the use of the equipment and the Owner cannot accept any responsibility in connection with any loss or damage to or in respect of the same.

21) INSURANCE AND THE HIRER'S RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT

21.1 If the Owner's charges include a specific fee for insurance and if the Hirer takes proper care to safeguard the equipment, and does not leave it unattended or in an insecure room, and does not leave the equipment in an unattended vehicle, the Owner will cover the equipment against any loss arising from fire, accident, malicious damage or theft.

21.2 If the Owner's charges do not include a specific fee for insurance the Hirer must keep the equipment insured for its replacement cost against fire, accident, malicious damage and theft. The Hirer will hold in trust for the Owner and pay to the Owner on demand all money the Hirer receives from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the equipment. The Hirer must not compromise any claim without the Owner's express consent.

22) REPLACEMENT
22.1 The Hirer will pay to the Owner all costs that the Hirer incurs in rectifying any equipment returned damaged or unclean. Additionally the Hirer will pay for the Owner's financial loss until such rectification is complete.

22.2 If the equipment is lost stolen or damaged beyond economic repair the Hirer will pay to the Owner the replacement cost of such equipment unless the Owner has agreed to provide insurance cover for a fee as specified in Clause 21. Additionally the Hirer will pay for the Owner's financial loss until the Hirer pays the replacement cost.

23) EARLY TERMINATION
This Agreement shall terminate immediately and the Owners shall be entitled to enter upon the Hirers premises and repossess the equipment immediately in the event of:

(i) the death of the Hirer;
(ii) a petition for a bankruptcy order presented against the Hirer;
(iii) an application for an interim order against the Hirer under the Insolvency Act 1986;
(iv) the Hirer calling a meeting of or coming to any arrangement with its creditors;
(v) a receiving order against the Hirer or a petition for winding-up or an administration order presented against the Hirer;
(vi) the Hirer passing a resolution for voluntary winding-up or having a receiver or administrative receiver appointed.