and Conditions of Hire
'Company' means Radiquip Media Services.
'Contract' means a contract for the hire of Equipment.
'Equipment' means the equipment specified in the Hire Agreement
or any individual item thereof.
'Hire Agreement' means the Company's Hire Agreement which sets
out the Hirer's order for the Equipment to which these Conditions
'Hire Charges' means the charges as set out in the Hire Agreement
payable by the Hirer to the Company for the hire of the Equipment,
together with any additional charges in respect of delivery and
'Hire Period' means the period of the hire of the Equipment commencing
on the date specified on the Hire Agreement and which shall end
on the date on which the Equipment is returned to the Company.
'Hirer' means the person, firm, company or organisation so named
on the Hire Agreement who has agreed to hire the Equipment from
the Company in accordance with these Conditions.
'writing' includes facsimile transmission and other electronic
means of communication.
Hire of Equipment
2.1 The Hirer shall hire the Equipment from the Company for the
Hire Period at the Hire Charge
subject to these Conditions which shall govern the Contract to
the exclusion of any other terms and conditions.
All descriptions and specifications, drawings and particulars
of weights and dimensions issued by the Company are approximate
only, and are intended only to present a general idea of the Equipment
to which they refer and shall not form part of the Contract. Due
to continuing development, the Company reserves the right to change
specifications without notice and to supply equipment of a similar
design to the Equipment.
Any advice or recommendation given by the Company or its employees
or agents to the Hirer or its employees or agents as to the storage,
application or use of the Equipment which is not confirmed in
writing by the Company is followed or acted upon entirely at the
Hirer's own risk, and accordingly the Company shall not be liable
for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer,
invoice or other document or information issued by the Company
shall be subject to correction without any liability on the part
of the Company
The Hirer shall provide the Company with satisfactory proof of
identity as it may request prior to the release of the Equipment
to the Hirer.
The Hirer shall allow the company to make checks on the Hirer's
identity and credit worthiness and will, where requested by the
company, provide written permission for the Company to obtain
such information from credit agencies, banks and licensing authorities.
3.1 The Company shall only accept an order for hire of Equipment
provided that it is confirmed in writing. The acceptance of the
Hirer's order as evidenced by the signature on the Hire Agreement
by an authorised employee of the Company shall constitute the
The Hirer shall be responsible to the Company for ensuring the
accuracy of the terms of the order submitted to the Company, and
for giving the Company any necessary information within a sufficient
time to enable the Company to perform the Contract in accordance
with its terms.
All orders must be confirmed in writing by the Hirer prior to
collection or delivery of the Equipment and a failure to confirm
may result in Equipment not being supplied as requested. The Company
shall have no obligation to fulfill an order unless such order
is confirmed in accordance with this Condition.
Hire Charges and Payment
4.1 The Hirer shall pay to the Company either in advance or on
the basis set out in the Hire Agreement the appropriate Hire Charges
for the Equipment. Hire Charges are calculated from day of dispatch
until day of return of the Equipment and are based on a period
of one week or part thereof irrespective of whether the Equipment
is in use or not.
The Company reserves the right, by giving notice to the Hirer
at any time before the Equipment is delivered to or collected
by the Hirer, to increase the Hire Charge to reflect any increase
in the cost to the Company which is due to any factor beyond the
control of the Company (such as, without limitation, increase
in costs from the suppliers of the Equipment to the Company; any
change in delivery/collection dates, quantities or specifications
for the Equipment which is requested by the Hirer, or any delay
caused by any failure of the Hirer to give the Company adequate
information or instructions).
The company reserves the right to require a deposit on account
of the Hire Charge prior to accepting an order. Cancellation of
an order by the Hirer will forfeit such a deposit unless written
notice is received by the Company not less than 28 days prior
to start of the Hire Period.
The Hirer shall pay a refundable security deposit as specified
in the Hire Agreement to the Company prior to the collection or
delivery of the Equipment. The Company shall be entitled to use
such security deposit towards the costs of repairing any damage
to the Equipment caused by the Hirer during the Hire Period and
any balance of the security deposit shall be refunded to the Hirer.
The Hire Charges are exclusive of any applicable value added tax,
which the Hirer shall be additionally liable to pay for the Company.
The Hirer shall notify the Company at least 24 hours before the
commencement of the Hire Period of any cancellation of the Contract
and a failure to notify shall render the Hirer liable to a cancellation
charge equal to the Company's loss caused by the cancellation
subject to a maximum of the Hire Charge.
Where payment of the Hire Charges is not made in advance, the
Hirer shall pay the Hire Charges within 14 days of the date of
the Company's invoice or, where a pre-arranged payment plan is
in force, not later than the due date as shown on the payment
schedule. The time of payment of the Hire Charges shall be of
the essence of the Contract and the Hirer may not withhold payment
by reason of any right of set-off or counterclaim which the Hirer
alleges to have or for any other reason whatsoever.
In accordance with the Late Payment of Commercial Debts Act, if
the Hirer fails to make any payment on the due date then, without
prejudice to any other right or remedy available to the Company,
the Company shall be entitled to charge the Hirer interest (both
before and after any judgement) on the amount unpaid, at the rate
of 8% per annum above The Bank of England base rate, until payment
in full is made.
Should the Hirer fail to make payments in accordance with any
pre-arranged payment plan, the Company reserves the right to cancel
such payment agreement, and in which case the full outstanding
amount will become immediately payable by the Hirer and any discounts
associated with the payment plan will be forfeited.
The Company reserves the right to electronically restrict the
Hirer's access to certain items of equipment if payment is not
received by the due date or if the Company believes that the hirer
as broken the terms of the payment agreement, or has broken other
conditions set out herewith. In all cases such restriction will
in no way alter this agreement and rental will remain payable
throughout such restriction.
5. Delivery and Inspection
5.1 Any dates and times quoted for delivery of the Equipment are
approximate only and the Company shall not be liable for any delay
in delivery of the Equipment howsoever caused. Time for delivery
shall not be of the essence of the Contract.
Where the Company agrees to deliver the Equipment otherwise than
at the Company's premises the Hirer shall be liable to pay the
Company's charges for delivery, packaging and insurance and delivery
will be effected by the Company leaving the Equipment at the location
specified by the Hirer.
The Equipment shall be suitably packaged or supplied in protective
cases by the Company and the Hirer shall ensure that such packaging
or cases are used when the Equipment is returned to the Company.
In addition, the Hirer shall ensure that dust sheets are always
used where supplied. The Company reserves the right to make an
additional charge for any packaging or cases not returned.
The Hirer shall conduct an inspection of the Equipment upon receipt.
If such inspection reveals that the Equipment is damaged, or has
been lost, the Hirer shall immediately notify the Company by telephone
upon receipt specifying the defect. The Company may at its option
require the Hirer to return such damaged Equipment to the Company
on demand. Under no circumstances shall the Hirer attempt to carry
out any repairs whatsoever to the Equipment without the Company's
express prior consent. If the Hirer fails to notify the Company
in accordance with this Condition, or to return the equipment
on demand, the Hirer shall pay to the Company the full cost of
repair or replacement of the Equipment or the full hire rate for
the damaged Equipment until returned.
Where the Company agrees to deliver equipment under standard delivery
charges and the equipment is of such a nature as to require two
or more people to unload the equipment, due to weight or size,
the Hirer shall provide two or more fit and able-bodied adults
to assist the driver to remove the equipment from the vehicle.
The Hirer shall be responsible for ensuring that the able-bodied
adults have been instructed in Manual Handling techniques and
are supplied with the necessary Personal Protective Equipment
in accordance with all Health & Safety legislation. Furthermore,
under standard delivery charges, the Company shall not be responsible
for moving the equipment beyond the Hirer's main delivery area.
The Hirer shall be responsible for ensuring that able-bodied adults
who have been instructed in Manual Handling techniques and are
supplied with the necessary Personal Protective Equipment in accordance
with all Health & Safety legislation are available to move
the equipment to its final destination. These conditions apply
in the event that the Company agrees to collect the equipment
under standard collection charges.
6. The Hirer Shall:
6.1 Keep the Equipment in its sole possession and ensure that
the Equipment is installed and used by competent and qualified
personnel in a manner which complies with any applicable statute,
regulation or order from time to time in force affecting the Equipment
including but not limited to the Health and Safety at Work Act
1974 and any statutory amendment or replacement of it.
Not remove or alter or permit removal or alteration of, identification
or registration numbers or marks upon the Equipment and shall
not allow the Equipment to become in the Company's opinion, in
Prior to the use of the Equipment, allow sufficient time to test
and familiarise itself with the Equipment and if required read
all instructions, manuals and other information in relation to
the Equipment (which are available on request from the Company).
The Company shall accept no responsibility for any problems which
arise from the Hirer's failure to learn how to use the Equipment.
Under no circumstances should the Hirer or its employees or agents
attempt to use the Equipment unless he is competent and qualified
to do so.
Immediately notify the Company of any breakdown or unsatisfactory
performance of the Equipment specifying the defect and in such
event the provisions of Condition 5.4 shall apply.
Ensure that the Equipment is properly stored and protected from
interference and damage from any source whatsoever.
At its expense keep the Equipment in good repair, condition and
working order, fair wear and tear excepted
Not without the prior written consent of the Company make any
modification or alteration to the Equipment, or take the Equipment
outside mainland Great Britain.
Allow the Company to inspect the Equipment at anytime upon request.
In respect of lighting equipment hire, return all faulty or failed
lamps to the Company. No charge will be made for lamps which fail
as a result of an electrical fault. The replacement cost of the
lamps will be charged to the Hirer if the lamps fail as a result
of mechanical damage (e.g. being dropped or burned at an incorrect
angle) or if the lamps are not returned with the Equipment.
Not change plug tops nor tamper with the wiring of the Equipment
in any way
6.11 Not remove connectors from the Equipment. If connectors are
found to have been removed when the Equipment is returned an additional
charge of £3.00 together with the cost of a replacement
connector shall be made for each lost connector.
Return all cables coiled as they were supplied. If cables are
not returned coiled an additional charge of £3.00 per cable
shall be made for untangling or recoiling such cable.
Unless otherwise agreed with the Company, return the Equipment
to the Company at the Hirer's expense on the expiry or sooner
determination of the Hire Period in a condition consistent with
the proper performance of the Hirer's obligations under the Contract.
Not sell, assign, mortgage, charge, sublet, pledge credit or permit
any lien to be created on the Equipment or any interest in them.
Ensure that the Equipment is compatible and may safely be used
with any other equipment used by the Hirer.
Ensure that the Equipment hired from the Company is suitable for
Where requested by the Company ensure that equipment has continued
and exclusive connection with an external telephone line.
7.1 The Equipment shall at all times remain the property of the
Company and the Hirer shall have no rights to the Equipment other
than as Hirer and the Hirer shall not do or permit or cause to
be done any matter or thing whereby the rights of the Company
in respect of the Equipment are or may be prejudicially affected.
If the Hirer shall at any time be in breach of these Conditions
then the Company shall be entitled at any time to require the
Hirer to deliver up the Equipment to the Company, and if the Hirer
fails to do so forthwith, to enter upon any premises of the Hirer
or any third party where the Equipment is being stored or used
and repossess the Equipment.
Loss, Damage and Insurance
8.1 In the event of any loss or damage to the Equipment the Hirer
shall at the Company's sole discretion either pay for its replacement,
or the cost of restoring it to good working order, or allow the
Company or its agent to carry out such work at the Hirer's expense.
The Hirer shall during the Hire Period (without prejudice to the
liability of the Hirer to the Owner pursuant to clause 7.1) keep
the Equipment insured for its full replacement value with a reputable
insurance company against loss or damage from all risks (including
third party risks). The Hirer shall notify its insurers that the
Equipment is on hire from the Company and request the insurers
to endorse a note of such interest on the policy naming the Company
as loss payee. The Hirer shall on demand show to the Company the
policy, the premium receipts and insurance certificate and shall
not use or allow the equipment to be used for any purpose not
permitted by the terms and conditions of the said policy or do
or allow to be done any act or thing whereby the insurance may
Where any event or accident shall occur which is a risk covered
by the Hirer's insurance hereunder, the Hirer shall immediately
notify the Company The Hirer shall hold any monies received by
the same as the Company directs.
As an obligation surviving the termination of the Contract, the
Hirer shall be solely responsible for and hold the Company fully
indemnified against all claims, demands, liabilities, losses,
damages, proceedings, costs and expenses which may be brought
against or incurred by the Company as a result of any accident
involving the Equipment or any breach or default on the part of
the Hirer in the discharge of its obligations under the Contract.
9.1 Except in respect of death or personal injury caused by the
Company's negligence, the Company shall not be liable to the Hirer
by reason of any representation (unless fraudulent),or any implied
warranty condition or other term, or any duty at common law, or
under the express terms of the Contract, for any indirect, special
or consequential loss or damage (whether for loss or profit or
otherwise), costs, expenses or other claims for compensation whatsoever
(whether caused by negligence of the Company, its employees or
agents or otherwise) which arise out of or in connection with
a failure in the Equipment; the hire of the Equipment or their
use by the Hirer, and the entire liability of the Company under
or in connection with the Contract shall not exceed the amount
of the Hire Charges, except as expressly provided in these Conditions.
Subject as expressly provided in these Conditions, all warranties,
conditions or other terms implied by statute or common law are
excluded to the fullest extent permitted by law.
The Company shall not be liable to the Hirer or be deemed to be
in breach of the Contract by reason of any delay in performing,
or any failure to perform, any of the Company's obligations in
relation to the Equipment, if the delay or failure was due to
any Act of God, breakdown or other failure of the Equipment, power
failure or interruption, war, strike, lock-out, industrial action,
fire, flood, drought, or other event beyond the Company's reasonable
10.1 The Company may (without limiting any other remedy) at any
time immediately terminate the Contract by giving written notice
to the Hirer if the Hirer commits any breach of these Conditions
or if the Hirer goes into liquidation; or (in the case of an individual
or firm) becomes bankrupt, makes a voluntary arrangement with
his or its creditors or has a receiver or administrator appointed.
On termination of a Contract (howsoever occasioned) the Hirer
shall no longer be in possession of the Equipment with the Company's
consent and shall (unless otherwise agreed with the Company) forthwith
return the Equipment to the Company as specified as Condition
Any expense incurred by the Company in recovering possession of
the Equipment on default by the Hirer in returning them under
Condition 6.13 or in repossessing under Condition 10.2 shall be
reimbursed by the Hirer to the Company on demand.
11.1 These Conditions constitute the entire agreement between
the parties and supersede any previous agreement or understanding.
All other terms and conditions, express or implied by statute
or otherwise, are excluded to the fullest extent permitted by
Any notice required or permitted to be given by either party to
the other under these Conditions shall be in writing addressed
to that other party at its registered office or principal place
of business or such other address as may at the relevant time
have been notified pursuant to this provision to the party giving
No waiver by the Company of any breach of the Contract by the
Hirer shall be considered as a waiver of any subsequent breach
of the same or any other provision.
If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these Conditions and the remainder
of the provision in question shall not be affected.
English law shall apply to the Contract, and the parties agree
to submit to the exclusive jurisdiction of the English courts.
and Conditions of Hire. Version 2.01 Rev: November 2003