- 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 or used by S J Marshall Ltd.
1.4 “Consequential Loss” shall mean loss of profits, contracts, or any other consequential loss or damages whatsoever, provided such loss is not unforeseeable or disproportionate.
1.5 “Event” refers to the event for which the Customer is to hire equipment and/or services.
1.6 “Media” includes any slides, computer software and files, graphics, originals, bromides, artwork, video, film, photos, and audio materials.
1.7 “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.
1.8 This contract shall be interpreted and applied in accordance with the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- 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 another arrangement has been made, equipment must be returned by 12 noon on the date specified in the contract, in a clean and working condition. Failure to comply may incur additional charges, which will be calculated based on any resulting loss to S J Marshall Ltd.
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, provided such charges are reasonable and proportionate.
2.5 Cancellation fees will be applied as per Section 4. These fees reflect the Company’s reasonable pre-estimate of costs incurred.
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 equipment shall be paid by the customer.
2.8 All charges are payable on demand. Failure to pay within 30 days of the due date will result in interest being charged at 8% above the current Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
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. 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 actual costs incurred if they exceed 50%. These costs will be itemised upon request.
4.5 Cancellations within 7 days of an Event will be charged the full amount of the contract. This reflects the late stage at which resources will already have been committed.
- 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 of, 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 will not allow the equipment to be misused.
6.4 S J Marshall Ltd. shall not be liable for financial loss, personal injury, or damage to property unless caused by our negligence. This clause does not exclude liability for death or personal injury arising from negligence.
- 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 must be reported to S J Marshall Ltd. immediately. The customer must provide reasonable access for inspections or repairs by the Company during the hire period.
- Faulty Equipment
9.1 Any equipment found to be faulty must be reported to S J Marshall Ltd. immediately. Failure to report faults will result in full hire charges being due.
9.2 The Customer agrees and acknowledges that S J Marshall Ltd. assumes no responsibility or liability for consequential loss, damage, or injury caused by faulty equipment unless due to negligence by S J Marshall Ltd.
9.3 S J Marshall Ltd. will endeavour to resolve faults promptly by providing replacement equipment or repairs, subject to availability.
9.4 This clause does not limit liability for personal injury or death caused by negligence.
- 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 lost, stolen, or irreparably damaged equipment, the customer shall pay a charge at the full daily hire rate, together with consequential loss, until the equipment is replaced or paid for in full.
10.3 The customer must provide proof of adequate insurance covering hired equipment against theft, loss, or damage. If insurance cannot be obtained, a security deposit or alternative arrangements must be agreed upon with S J Marshall Ltd. in advance.
- 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. An itemised invoice and evidence of costs incurred will be provided for any charges applied.
11.3 Customers are required to inspect the equipment upon receipt and notify S J Marshall Ltd. immediately of any pre-existing damage or issues.
- Termination of Hire
12.1 S J Marshall Ltd. shall be entitled to terminate the contract with immediate effect and repossess the equipment if the customer is in breach of these terms.
12.2 The Company will define material breaches as including, but not limited to, failure to pay, damage to equipment, unauthorised modification, or improper use. Customers will be given a reasonable opportunity to remedy minor breaches before termination.
- 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.
13.2 The Customer agrees to indemnify S J Marshall Ltd. against any claims for breach of copyright caused by the transmission, recording, broadcasting, or rebroadcasting of audio and visual projection on behalf of the Customer.
13.3 S J Marshall Ltd. will not be responsible for verifying licences but may assist the Customer in obtaining relevant information or contacts where possible.
- 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 The Customer must ensure adequate security measures are in place to protect the equipment and personnel. Adequate security measures include, but are not limited to, secure storage, supervision during use, and ensuring unauthorised access is prevented.
14.3 If agreed security measures fail despite reasonable efforts by the Customer, liability will be assessed based on the circumstances.
- Vehicles on Site
15.1 The Customer is responsible for ensuring safe and suitable access for S J Marshall Ltd.’s vehicles on-site. This includes ensuring the site is free from hazards, and any weight restrictions or terrain issues are communicated in advance.
15.2 There will be no off-road delivery unless previously agreed in writing.
- Equipment Availability and Specification
16.1 If the equipment specified in the contract, invoice, or hire form is unavailable, S J Marshall Ltd. agrees to supply substitute equipment suitable for the original intended purpose.
16.2 Substitute equipment will match the original specifications as closely as possible. If the Customer deems the substitute equipment unsuitable, they may reject it without penalty.
Ownership
17.1 The equipment shall at all times remain the absolute property of S J Marshall Ltd., and the Customer shall have no rights to the equipment beyond those specified in this contract.
17.2 The Customer is responsible for the equipment while under their care, including safeguarding it from theft or damage.