Definitions of Law
- The “Company” is S J Marshall Ltd. hereafter referred to as “Us” “We” or “The Company”
- The “Customer” is the person, firm, corporate or public body, hereafter referred to as “You” or “The Customer”, hiring the equipment or services.
- The Equipment shall mean goods, components or other items hired by S J Marshall Ltd.
- Consequential Loss shall mean loss of profits, contracts or any other consequential loss or damages whatsoever.
- 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.
- The charges due are as stated and agreed on the quotation, confirmation of booking, contract, invoice or hire form.
- Hire charges commence from the date stated in the invoice or hire form and are payable for the period of hire.
- 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)
- In 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.
- 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.
- 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.
- Any legal or other charges incurred in the recovery of money or of equipment shall be paid by the customer.
- 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.
- If paying by credit card there will be a 3% administration fee added to your final order total.
- All prices are subject to VAT at the current rate unless specified.
- The hire period commences and terminates at the times specified and agreed in the quotation, confirmation of booking, contract, invoice or hire form.
Booking Fee and Payments
- A 50% booking fee or booking fee charged at the discretion of S J Marshall Ltd. is charged once you agree to a hire or service. All bookings fees are non-refundable.
Power to enter this Contract
- The signatory to the contract warrants that they are duly authorised on the customers behalf to enter into the contract.
- 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.
- At no time shall the customer sell, dispose or otherwise part with control of the equipment.
- 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.
- 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.
- The equipment must not move from the site specified in the contract without prior authorisation from S J Marshall Ltd..
- Any electrical equipment should be used with plugs and/or sockets as fitted.
- 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..
- 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.
- 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..
- Any breakdown or unsatisfactory working of equipment shall be immediately notified to S J Marshall Ltd..
- 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..
- The customer agrees to pay S J Marshall Ltd. the full replacement cost of any equipment lost, stolen or damaged beyond economic repair.
- 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.
- The customer shall insure the equipment against the above liability.
Condition of Returned Equipment
- The customer is fully responsible for the care, safekeeping and return in good order of the equipment.
- 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
- 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.
- 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
- The hirer 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.
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.
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.
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.