Definitions of Law
1.1 The “Company” is S J Marshall Ltd. hereafter referred to as “Us” “We” or “The Company”
1.2 The “Customer” is the person, firm, corporate or public body, hereafter referred to as “You” or “The Customer”, hiring the equipment or services.
1.3 The Equipment shall mean goods, components or other items hired by S J Marshall Ltd.
1.4 Consequential Loss shall mean loss of profits, contracts or any other consequential loss or damages whatsoever.
1.5 The contract shall be interpreted and applied in accordance with presiding law and the Parties to this contract agree to submit to the exclusive jurisdiction of regional courts.
1.6 “Event” refers to the event for which the Customer is to hire equipment and or services
1.7 “Media” includes any slides, computer software and files, graphics, originals, bromides, artwork, video, film, photos and audio materials.
1.8 “Hire” refers to the equipment and or services hired by S J Marshall Ltd. to The Customer for the period stated in the Hire Agreement.
Charges
2.1 The charges due are as stated and agreed on the quotation, confirmation of booking, contract, invoice or hire form.
2.2 Hire charges commence from the date stated in the invoice or hire form and are payable for the period of hire.
2.3 Unless other arrangement has been made, equipment must be returned by 12 noon on the date specified in the contract, in a clean and working condition. (see 12.1 and 12.2)
2.4 In the event of a breach of these conditions or the equipment not being available for use by other customers, the customer will pay the full daily hire rate together with consequential loss.
2.5 At the discretion of S J Marshall Ltd., the customer may be charged in full if an invoice, hire form or contract of hire is cancelled at any time.
2.6 All spares, tools and other additional equipment supplied with the hire must be returned, or the customer will be charged in full for their replacement.
2.7 Any legal or other charges incurred in the recovery of money or of equipment shall be paid by the customer.
2.8 All charges are payable on demand and failure to meet payment terms will result in interest being charged at 8% above the current bank rate.
2.9 If paying by credit card there will be a 3% administration fee added to your final order total.
2.10 All prices are subject to VAT at the current rate unless specified.
Hire Period
3.1 The hire period commences and terminates at the times specified and agreed in the quotation, confirmation of booking, contract, invoice or hire form.
Payments and Cancellations
4.1 A booking fee of 20% or a booking fee determined at the discretion of S J Marshall Ltd. is charged once you agree to a hire or service.
4.3 If The Customer cancels the Event or the hire equipment and Services more than 30 days prior to the first day of the Event or Hire, only costs incurred in pre-production services or bespoke orders will be charged to the customer with a 20% administration fee and any deposit paid will be fully refundable after deduction of these charges.
4.4 Cancellations within 30 days of the event will incur a cancellation fee of 50% of the contract value, or costs incurred to date if higher than 50% of the project.
4.5 Cancellations within 7 days of an Event will be charged the full amount of the contract.
Power to enter this Contract
5.1 The signatory to the contract warrants that they are duly authorised on the customers behalf to enter into the contract.
Customer Responsibilities
6.1 The customer’s responsibility for the equipment commences on receipt of the equipment, and terminates when the customer receives a receipt for the return of the equipment.
6.2 At no time shall the customer sell, dispose or otherwise part with control of the equipment.
6.3 It is the customer’s responsibility that everyone who uses the equipment has been instructed in its safe and proper operation, and further will not allow the equipment to be misused.
6.4 S J Marshall Ltd. can not be held responsible for any financial loss, personal injury or damage to or loss of any property arising as a result of the use of the equipment. S J Marshall Ltd. can not be held liable for any financial loss or loss of business caused by equipment failures, equipment misuse or failure to supply equipment or services in any circumstances.
6.5 The equipment must not move from the site specified in the contract without prior authorisation from S J Marshall Ltd..
Electrical Equipment
7.1 Any electrical equipment should be used with plugs and/or sockets as fitted.
7.2 If any plugs or sockets are to be fitted, or the equipment otherwise modified by the customer, such work will be carried out by a competent person who shall also reinstate the equipment to the same original condition prior to return. Before any electrical alterations take place, written permission must first be obtained from S J Marshall Ltd..
7.3 It is the responsibility of the customer at all times to provide a proper supply of electricity for use with the equipment, and ensure that the equipment is properly earthed. It is the customer’s responsibility that everyone who uses the equipment has been instructed in its safe and proper operation, and further will not allow the equipment to be misused.
Equipment Maintenance
8.1 The customer shall not act to compromise the serviceability of the equipment during the hire period. Under no circumstances shall the customer attempt to repair the equipment without prior authorisation from S J Marshall Ltd.
8.2 Any breakdown or unsatisfactory working of equipment shall be immediately notified to S J Marshall Ltd..
Faulty Equipment
9.1 Any equipment found to be faulty should be reported to S J Marshall Ltd. immediately – failure to do so will result in full hire charges being due. Any breakdown or unsatisfactory working of equipment shall be immediately notified to S J Marshall Ltd..
9.2 The Customer agrees and acknowledges that S J Marshall Ltd. assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of faulty equipment or otherwise.
Insurance
10.1 The customer agrees to pay S J Marshall Ltd. the full replacement cost of any equipment lost, stolen or damaged beyond economic repair.
10.2 In the case of equipment that is lost, stolen, or damaged beyond economic repair, the customer shall pay a charge at the full daily rate together with consequential loss until the equipment is replaced or paid for in full.
10.3 The customer shall insure the equipment against the above liability.
Condition of Returned Equipment
11.1 The customer is fully responsible for the care, safekeeping and return in good order of the equipment.
11.2 The customer will reimburse all costs incurred by S J Marshall Ltd. in rectifying the condition of any equipment returned damaged or unclean, and in addition will pay a charge at the fully daily hire rate together with consequential loss for a reasonable period until the condition is rectified.
Termination of Hire
12.1 S J Marshall Ltd. shall be entitled to terminate the contract with immediate effect and to repossess the equipment at any time if the customer is in breach of these terms.
12.2 Such termination shall not affect the right of S J Marshall Ltd. to recover from the customer any money due under the contract, consequential loss or damages for breach.
Reproduction of Recorded Music and other Licenses
13.1 The Customer shall be responsible for obtaining such licenses or permissions as may be required for the public performance of recorded music and for all other activities as required.
13.4 The customer agrees to indemnify S J Marhsall Ltd. in respect of any claim for breach of Copyright caused by the transmission, recording, broadcasting, rebroadcasting of audio and visual projection on behalf of the Customer.
Equipment and Personnel Protection
14.1 It is the customer’s sole responsibility to ensure that any equipment on hire is kept free of moisture, liquid or any other contaminants that could damage the equipment.
14.2 It is the customer’s sole responsibility to ensure that adequate security measures are put in place to ensure the safety of our equipment and personnel at all times.
Vehicles on Site
15.1 It is the customer’s responsibility to provide suitable means of access for our vehicles onto and around the site as required. There will be no off road delivery unless previously agreed.
Equipment Availability and Specification
16.1 If, in the unlikely event, the exact equipment specified on your invoice, contract or hire form is unavailable for whatever reason, S J Marshall Ltd. agrees to supply equipment that is suitable for the original intended purpose.
16.2 All descriptions and specifications, drawings and particulars of weights and dimensions issued by S J Marshall Ltd. are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, S J Marshall Ltd. reserves the right to change specifications without notice.
Ownership
17.1 The equipment shall at all times remain the absolute property of S J Marshall Ltd. and the hirer shall have no rights to the equipment.