Terms and Conditions of Lighting Director Limited
Conditions of Business
1.1 These terms and conditions (“terms”) shall apply to each contract for the hire of equipment and/or in relation to the provision of services of personnel entered into between Lighting Director Limited (company number 08038260), and the other party to the contract (“the hirer”). Acceptance of delivery or collection by the hirer of equipment or any part thereof shall be deemed to constitute the unconditional acceptance of these terms, and all other terms and conditions whether written, printed or otherwise are hereby excluded. Nothing said or done by any agent or employee of Lighting Director Limited or of the hirer which purports to vary these terms shall be binding on Lighting Director Limited unless reduced into writing and signed by a director of Lighting Director Limited with a specific reference to these terms.
1.2 In these conditions the expression “Equipment” includes (a) any equipment available for hire from Lighting Director Limited including, without limitation, hire vehicles owned or operated by or on behalf of Director Limited, and (b) includes any repaired or replaced equipment referred to at 1.2(a).
From the date of commencement of the hire period (as set out at condition 3 below) of the Equipment to the hirer until Lighting Director Limited retakes physical possession of it the hirer shall at its own expense keep the Equipment insured for its full replacement value against theft (whether or not such theft involves forcible or violent entry and/or exit to any premises) loss (including arising in connection with the use or storage of the Equipment) damage liability arising in connection with the use or storage of the Equipment and against all and any risks in respect of the Equipment required by Lighting Director Limited including without limitation all third party and consequential risks under a policy of insurance free from restriction of excess in the name of the hirer with an endorsement recording Lighting Director Limited’s interest and stating that no payment is to be given to the hirer under the policy until Lighting Director Limited’s interest has been discharged and shall on demand produce the policy and all premium receipts for Lighting Director Limited’s inspection and in default of the hirer so doing or if otherwise agreed Lighting Director Limited may:
A) insure as aforesaid and recover the cost from the hirer forthwith, the hirer hereby irrevocably appoints Lighting Director limited the agent of the hirer (for the purpose of receiving all monies payable under the said policy to the extent required to protect Lighting Director Limited’s interest in the Equipment in the hire thereof and giving a discharge thereof) and/or
B) Prohibit the Equipment (in whole or in part) from leaving the premises or control of Lighting Director Limited whether or not the same is subject to a contract of hire.
3. HIRE PERIOD AND CHARGES
3.1 The hire charge for the Equipment will be charged (unless otherwise agreed in writing) in respect of each week of the hire period. The hire period commences (unless expressly agreed in writing) on the day the equipment leaves the premises of Lighting Director Limited (“the start date”) and terminates (subject as hereinafter provided) on the later to occur of:
i) the end of the period of hire expressed in Lighting Director Limited’s confirmation of order/delivery note (the “contractual hire period”) and
ii) the return of the Equipment to Lighting Director Limited in good condition, fair wear and tear excepted.
3.2 In the event that any Equipment or part thereof is lost, damaged, destroyed or delayed in transit, then (without prejudice to condition 9 and the other rights of Lighting Director Limited hereunder or at law) the contractual hire period shall be deemed to continue and the hire charge shall continue to accrue and be payable (not withstanding that the hire charge may have been expressed to cease at an earlier rate) at twice the standard weekly rate card rate or rates until such time as the Equipment is returned to Lighting Director Limited or (if damaged) is repaired and available for re-hire, or (if destroyed) is replaced by an equivalent or comparable item available for hire.
3.3 Lighting Director Limited reserves the right generally or for any particular service, client or class of equipment to alter at any time and without previous notice the prices and specifications published in its Equipment hire catalogue but no such alteration shall affect a contract of hire then current.
3.4 Rates for weekly hire of Equipment (if applicable) are for hire periods of 7 consecutive days.
3.5 The hirer agrees to pay all charges (including any charges in respect of insurance affected by Lighting Director Limited or pursuant to condition 2 or 8 hereof) promptly but in any event no later than 30 days from the date of invoice from Lighting Director Limited. All payments shall be made to Lighting Director Limited at the address shown on its invoice and payments made by post shall be at the risk of the hirer.
3.6 All hire charges are exclusive of Value Added Tax, which will be added at the rate applicable during the contractual hire period.
3.7 If the hirer wishes to cancel an order of any kind, this must be communicated in writing with at least 7 days notice. If the hirer notifies Lighting Director Limited that they wish to cancel an order with less than 7 days notice, 100% of the hire charge must be paid within 30 days.
4. CONDITION AND SUITABILITY OF EQUIPMENT
4.1 Lighting Director Limited will use its best endeavours to supply and hire the Equipment in good, working condition. If Equipment is or becomes defective, Lighting Director Limited will at its discretion replace the Equipment or repair any defective part providing the defective Equipment or part is returned forthwith to Lighting Director limited to the place from which it was hired with the cost of carriage, insurance and handling charges paid by the hirer. Alternatively Lighting Director Limited may (at its discretion) pay the reasonable cost of repair or replacement of the Equipment by a dealer approved by Lighting Director limited for that purpose and on terms acceptable to and agreed in writing by Lighting Director Limited. These conditions shall apply mutatis mutandis to any such repaired or replaced Equipment.
4.2 Any descriptions or illustrations in Lighting Director limited’s catalogues, price lists or other advertising materials are intended merely to represent a general idea of the goods and shall not form representations or be part of these conditions or the hire contract.
4.3 The purchaser is deemed to have satisfied itself that the goods are suitable for the purpose and capable of performing the function and use to which the hirer intends to put them.
4.4 Save as expressly herein provided and to the extent permitted by law all guarantees or warranties express or implied as to the quality, suitability or fitness of the equipment for any purpose or otherwise are excluded and Lighting Director Limited shall not be liable to the hirer (save as provided in 4.1 above) in any way whatsoever (including without limitation indirect or consequential loss) for any misrepresentation or breach of warranty or condition either express or implied whether by statute or otherwise or in any way relating to the Equipment.
5. PROPERTY AND RISK
5.1 The Equipment shall remain at all times the property of Lighting Director Limited. The Customer shall, throughout the hire period, maintain in situ, and not remove, cover up or deface, any plates, tags or markings indicating that the Equipment is the property of Lighting Director limited.
5.2 The Equipment shall with effect from the first day of the contractual hire period and throughout the period of hire (including any period during which the contractual hire period may be deemed to be extended pursuant to the condition 3.2) be at the hirer’s sole risk and the hirer shall indemnify Lighting Director limited from any loss or damage whatsoever nature howsoever caused to or by the equipment or the use thereof other than death or personal injury resulting from Lighting Director Limited’s negligence. Without prejudice to the generality of, but subject to, the foregoing, Lighting Director Limited will not be liable:
i) for any damage to or any defect in the Equipment caused by careless handling or reckless driving; or
ii) for any loss, damage or injury to the hirer or a Driver of any kind whether caused by negligence or otherwise resulting from any delay, detention, late delivery/ non-delivery, defect or deficiency of, in or relating to any Equipment or from the service of any technician or any other employee of Lighting Director Limited or any other services supplied or provided by Lighting Director limited;
iii) for any loss suffered by the hirer as a result of trade disputes, difficulties in obtaining equipment or component from suppliers or manufacturers of anything otherwise outside the control of Lighting Director Limited which precludes or inhibits the use of proper use by the hirer of Equipment hired or agreed to be hired. The hirer will keep Lighting Director limited and their respective employees fully and properly indemnified against any claims against them and any third party arising in any way out of the hire of Equipment or the making available to the hirer of the services of technicians or employees of Lighting Director limited or other personnel.
If the services of technicians or other employees of Lighting Director limited or other personnel are made available for the use by the hirer, such persons will be deemed to be the employees of the hirer so long as their services are so available, and Lighting Director limited shall not be liable for any loss, damage or injury caused by them (other than death or personal injury caused by negligence of Lighting Director Limited) to the hirer or third parties.
7. HIRER’S UNDERTAKINGS
The hirer shall:
a) ensure that the Equipment is used and operated in the proper and skilful manner and only by persons having the appropriate qualifications, skills and experience in the use and operation of the Equipment;
b) take proper care of the Equipment and ensure that it is kept clean and dry and safely and properly stored and (without prejudice to the generality of the foregoing) kept in a securely locked place when not in use and allow Lighting Director Limited or its agents at all reasonable times access to the Equipment for the purpose of examining the condition thereof or the compliance by the hirer with the terms of these conditions;
c) retain possession and control of the Equipment and not purport to sell, load, assign, pledge or encumber it, or permit any lien to be created over it or do any other things to make an omission inconsistent with Lighting Director Limited’s ownership thereof;
d) obtain all necessary licences, permits and permissions for the use of the Equipment or the provision of the personnel or services and not use the Equipment or permit the same to be used contrary to the law or any regulation or by-law for the same time being in force in any country; and
e) take such steps as are sufficient to ensure that the Equipment and its operation will be safe and without risks to the health for the purposes of the Health and Safety at Work, etc Act 1974 and any modifications or re-enactment thereof.
7.2 The hirer will not without the prior consent of Lighting Director Limited in writing, allow the Equipment to be removed outside the United Kingdom or to be used on any abnormal or hazardous assignment.
8. TERMINATION AND RETURN OF THE EQUIPMENT
8.1 The hiring and the contract shall immediately determine and Lighting Director Limited shall be entitled to take such steps are necessary in its opinion for the protection of the Equipment (including the entry of the premises where the Equipment is and the recovery of possession of all or part of the Equipment) if any of the following events occur: a) any breach by the hirer of the terms hereof or the hiring: b) any act or omission by the hirer which in the opinion of Lighting Director limited might jeopardise the right of Lighting Director Limited to ownership or use of equipment; c) if a winding-up order is made against the hirer (being a company) or if the members of the hirer pass a resolution for its voluntary liquidation (except for the purposes of amalgamation or reconstruction) or if a meeting of the creditors of the hirer is called or if the hirer enters or seeks to enter into any agreement or composition with its creditors or if a receiver is appointed over all or any of the hirer’s assets or any such assets are the subject of any distressor execution (or in Scotland, poindin or arrestment);d) if the hirer fails to pay any hire charge or other sum due to Lighting Director Limited within 30 days of submission to the hirer by Lighting Director Limited of an invoice or written demand; e) if the hirer allows any judgement against it to remain unsatisfied for more than fourteen days.
8.2 The hirer shall return the Equipment to Lighting Director Limited at the premises of Lighting Director limited from which it was hired or such address as Lighting Director Limited may nominate not later than the last day of the contractual hire period. Should the hirer fail so to return any or all Equipment to Lighting Director limited or be otherwise in breach of these conditions of hire it will permit (and will be deemed to have permitted) the representative of Lighting Director Limited to enter the premises where the Equipment may be (or where Lighting Director Limited may reasonably believe this to be) and recover the possession of the same.
8.3 The hirer shall return the Equipment to Lighting Director Limited in good condition, fair wear and tear excepted.
8.4 Save as expressly herein provided, the hirer shall be responsible for and indemnify and keep indemnified Lighting Director Limited on demand for:
a) any loss or damage to the Equipment;
b) any cost and expense Lighting Director Limited may incur in removing, repairing, repossessing or recovering the Equipment
c) any other loss (including loss of use) that Lighting Director Limited may suffer by reason of any breach by the hirer of these terms and conditions.
9.1 Lighting Director limited will not waive (or be deemed to have waived) any rights under these conditions or implied by law by accepting the return of the Equipment; repossessing the Equipment or granting any indulgence to the hirer.
9.2. Film, magnetic tapes, equipment, materials, accessories, media and any other property ostensibly belonging to the hirer in the possession, in custody of or handled by Lighting Director Limited will be subject to a lien in favour of Lighting Director Limited for the general balance of all monies from time to time due to Lighting Director Limited from the hirer.
9.3. The contract of hire is personal to the hirer, who may not assign its right thereunder.
9.4. These conditions shall be governed by and interpreted according to the laws of England and Wales and the hirer hereby submits irrevocably to the jurisdiction of the English courts.
9.5. Headings in these conditions are for ease of reference only and shall not affect the construction thereof.
10. FORCE MAJEURE
If events beyond Lighting Director’s reasonable control prevents Lighting Director Limited from performing any obligation hereunder Lighting Director Limited may without liability cancel this contract.
11. CREW RATES AND CONDITIONS
Lighting Director Limited provides crew in accordance with the terms and conditions published BECTU. This includes working hours, rates and extra payments for Overtime, travel and Time off the clock.
If any of these conditions or any part of any condition is declared by a court or competent jurisdiction to be invalid or unenforceable then all other conditions or parts thereof will remain in full force and effect.