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Terms and Conditions of Hire

 

1. Definitions

In this document, the following words and expressions shall have the following meanings:

“Agreement” means a contract between the Supplier and the Hirer which incorporates all
provisions and conditions contained herein, and all provisions and conditions contained in any
Order Summary.

"Hirer" means the individual, partnership, company, organisation, or other legal entity – identified
in the Order Summary – who has ordered and/or accepted Equipment or Services from the
Supplier. In the case of an individual acting on behalf of a company or other legal entity, both the
individual and the company or other legal entity shall be considered jointly and severally liable
under this Agreement.

"Supplier” means Haus Productions Ltd, a company incorporated in England and Wales under
registration number 14586761, whose registered office is 4 King Square, BRIDGWATER, TA6 3YF.

The Hirer and the Supplier may be collectively referred to as the “Parties” and each may be
referred to individually as a “Party”.

“Order Summary” means a document of the same name issued by the Supplier to the Hirer,
which specifies the Equipment and/or Services to be provided and the expected Hire Period.

“Hire Period” means the period of time commencing on Delivery and ending upon return of the
Equipment to the Supplier (or a duly authorised representative or agent thereof).

“Delivery" means the transfer of physical possession of the Equipment from the Supplier to the
Hirer (or a duly authorised representative or agent thereof).

“Dispatch” means the date that the Equipment leaves – or is scheduled to leave – the Supplier’s
warehouse for Delivery. For the purposes of this Agreement, the scheduled dispatch date shall be
one day (excluding Saturday’s, Sunday’s, or public holidays in England) before the delivery date
specified in the Order Summary.

“Equipment" means any or all items of equipment and component parts or accessories thereof
accepted by the Hirer on Delivery, including any substitute or additional items not specified in the
Order Summary.

“Services” means any services (other than the hire of equipment) provided to the Hirer by the
Supplier, such as installation or operation of Equipment.

“Deposit” means a sum payable by the Hirer to the Supplier which is intended to be refundable,
but under certain circumstances will be partly or fully forfeited.

“Charges” means any sums charged from the Supplier to the Hirer which relate to damage to, loss
of, or late return of Equipment.

“Total Loss” means when any item of Equipment is lost, stolen, seized, confiscated, or damaged
beyond repair in the reasonable opinion of the Supplier or its insurer(s). If any Equipment is
missing upon the return of an order, and the Hirer either cannot determine its whereabouts or fails
to respond to the Supplier's request for information within seven days, it shall be considered a Total
Loss. References to writing and written include email.

 

2. Basis of Contract

2.1 This Agreement shall take effect on the earliest of:
(i) The Supplier submitting written acceptance of an offer from the Hirer; and
(ii) Delivery.
The term of the Agreement shall continue until the latest of:
(i) the end of the Hire Period;
(ii) the date the Deposit is either refunded, forfeited, or partially refunded and forfeited; and
(iii) the settlement of all Charges balances.

2.2 This document, along with the Order Summary, constitutes the entire and definitive Agreement
between the Parties and supersedes all other agreements, promises, assurances, warranties, and
understandings stated or implied elsewhere.

2.3 The Hirer acknowledges that a quotation or pro-forma invoice from the Supplier does not constitute
an offer. The availability and price of any items listed on quotations or pro-forma invoices cannot be
guaranteed and is subject to change at any time until a booking has been formally agreed.

2.4 The Supplier shall provide the Hirer with the Equipment and/or Services according to the Order
Summary, subject to the terms and conditions contained herein.

2.5 The Supplier shall supply the Equipment in good working order, however in the event of a defect,
the Supplier’s liability shall be limited to the hire fee paid for the defective item(s) only. The Supplier
will attempt to repair or replace defective equipment if reasonably possible.

2.6 In the event that the Supplier fails to provide any part of the Equipment and/or Services, or commits
any other breach of the Agreement, their maximum aggregate liability shall in no circumstances
exceed the “Order Total” amount listed on the Order Summary (or the total amount paid by the
Hirer to the Supplier if this is lower). The Supplier shall not be responsible for any consequential
losses incurred by the Hirer.

2.7 The Supplier reserves the right to amend the specification of the Equipment at any time, so long as
the amendment does not materially affect its nature or suitability for its intended purpose.

2.8 The Equipment shall remain the property of the Supplier at all times.

2.9 The Supplier shall be entitled to repossess their Equipment at any time if the Hirer commits any
breach of this Agreement.

2.10 The Hirer shall indemnify the Supplier for all costs and/or losses arising from any breach of the
Agreement, plus reasonable reasonable administration fees (to be determined by the Supplier).

2.11 It is the responsibility of the Hirer to ensure that the equipment ordered is suitable for achieving
their intended result. The Supplier does not guarantee any specific outcome and shall not be held
liable for the Hirer choosing unsuitable items. The Hirer acknowledges that any recommendations
from the Supplier regarding the suitability of equipment are provided as a guide only.

2.12 This Agreement may be modified by mutual consent of both Parties in writing.

 

3. Payments

3.1 The Hirer shall pay the entire Order Summary balance amount (including Deposit) with cleared
funds to the Supplier no later than 14 days before Dispatch, unless expressly otherwise agreed.

3.2 The Hirer shall pay any invoice balance amount relating to Charges to the Supplier within 14 days
of the invoice date.

3.3 In the event that the Supplier lacks the necessary information to refund the Deposit, and the Hirer
does not respond to the Supplier's request for this information within six months, the balance held
shall be forfeited and become the property of the Supplier.

3.4 All payments shall be made in GBP.

3.5 The Hirer acknowledges that all amounts paid via PoptopUK Limited are non-refundable.

 

4. Delivery and Return of Equipment

4.1 The Hirer shall be present – or arrange for a duly authorised representative or agent to be present
– at the relevant address(es) and available on the relevant date(s) specified in the Order Summary
to accept Delivery and to return the Equipment (between 7am and 6pm for deliveries and between
9am and 5.30pm for collections unless otherwise agreed). The Hirer shall ensure that access to
these addresses are safe and unrestricted.

4.2 The Hirer shall inspect all Equipment on the date of Delivery and immediately notify the Supplier of
any discrepancy between the quantities, specification, or condition of the items expected and the
items received. If no issues are reported on the date of Delivery, it shall be deemed that the
Equipment matches the Supplier's records in all respects.

4.3 The Hirer shall return the Equipment to the Supplier, or a duly authorised representative or agent
thereof, on the return date(s) shown in the Order Summary. If the Equipment is returned late, the
Supplier shall be entitled to charge the Hirer for the period of extension at their prevailing daily hire
rates, plus a reasonable fee (to be determined by the Supplier) for any failed collections.

4.4 The Hirer shall prepare the Equipment for return in accordance with the following instructions:
(i) disconnect all cables and place items inside their relevant bags or cases;
(ii) safely package the items into the transport container[s] similarly to how they arrived [ie.
surrounded tightly with packing material];
(iii) take a picture of the contents of each container;
(iv) fasten containers with the provided zip ties;
(v) apply the provided shipping label[s]; and
(vi) take a picture of the exterior of each container.

4.5 The Hirer shall retain the pictures taken in clause 4.5 and send these to the Supplier if requested.

4.6 If returning Equipment to a drop-off point (such as a Post Office or courier depot), the Hirer shall
collect and retain the proof of postage and send this to the Supplier if requested.

4.7 The Hirer shall return the Equipment in the same condition as it was received.

 

5. Use of Equipment

5.1 The Hirer shall:
5.1.1 ensure that the Equipment is kept and operated in a suitable environment, used only for
the purposes for which it is designed, and operated in a proper, safe, and correct manner
in accordance with its operating instructions;
5.1.2 not use the Equipment – or permit it to be used – for any purpose for which is beyond its
capacity or in any manner likely to result in deterioration;
5.1.3 not alter or modify the Equipment in any way;
5.1.4 not modify or remove any markings or ownership labels on the Equipment;
5.1.5 not hire, re-hire, or sub-hire the Equipment to any third party or parties;
5.1.6 notify the Supplier immediately in the event of any damage to, or defect in, any item of
Equipment;
5.1.7 notify the Supplier immediately in the event of any loss, theft, confiscation, or seizure of
any of the Equipment;
5.1.8 obtain and maintain all licences and permissions necessary for [the use of the
Equipment/the Services] throughout the Hire Period; and
5.1.9 comply with all laws and applicable regulations relating to [the use of the Equipment and/
the Services] throughout the Hire Period.

 

6. Liability

6.1 The Hirer assumes total responsibility for the Equipment during the Hire Period and shall be held
liable – without limitation – for any loss, theft, or damage howsoever caused to it. The Hirer shall
indemnify the Supplier for all resulting costs and/or losses incurred in such an event – including for
the cost of repairs, hire of temporary replacements, and loss of income – plus reasonable
administration fees (to be determined by the Supplier). The Supplier shall also be entitled to charge
the Hirer the market value of new replacement equipment in a Total Loss event. Any such Charges
shall be deducted from the Deposit amount held and any remaining balance billed to the Hirer. It is
recommended that the Hirer undertakes insurance to cover the Equipment during the Hire Period.

6.2 The Supplier reserves the right to charge a reasonable fee (to be determined by the Supplier) for
cleaning Equipment to return it to a condition fit for rehire.

 

7. Services

7.1 Where Services are to be supplied, the Hirer shall:
7.1.1 ensure that suitable setup areas are clear and available for the use of the Supplier prior
to Delivery, and that these are level, dry, and fully protected from rain and the elements;
7.1.2 arrange for a safe, adequate, and consistent electricity supply with at least one 13 amp
outlet socket to be available within a five-metre radius of each setup area; and
7.1.3 make provision for the Supplier to safely and legally park at least one medium-sized
vehicle at the Delivery address, as close as possible to the load-in access.
7.2 The Supplier shall be under no obligation to fulfil the Services or provide the Equipment if any
abusive, threatening, violent, or unlawful behaviour is observed from any person at the Delivery
address(es).

 

8. Hirer’s Other Obligations

8.1 The Hirer shall:
8.1.1 advise the Supplier of the location of the Equipment during the Hire Period and of any
changes in its location on request;
8.1.2 ensure that the Equipment remains inside the United Kingdom at all times;
8.1.3 permit the Supplier or its duly authorised representative, on request, to inspect the
Equipment at any time during the Hire Period and to grant (or procure the grant of)
access to any premises at which the Equipment is located;
8.1.4 provide photographic identification and proof of address (such as a utility bill) if requested
by the Supplier; and
8.1.5 provide the Supplier with all information necessary to supply the Equipment (such as
billing and delivery details) within a reasonable time upon request. If Dispatch is delayed
due to not receiving this information in time, or receiving incomplete or incorrect
information, the Supplier reserves the right to charge the Hirer for an expedited delivery service.

 

9. Termination

9.1 The Supplier shall be entitled to terminate this Agreement with immediate effect if the Hirer:
9.1.1 fails to pay any outstanding balances by their due dates;
9.1.2 is found to be the subject of a bankruptcy or winding up petition/order, or their solvency is
otherwise considered to be in doubt in the reasonable opinion of the Supplier;
9.1.3 is suspected of fraudulent activity or considered a potential risk in the reasonable opinion
of the Supplier; or
9.1.4 commits any other breach of the terms of this Agreement.

9.2 In all such events listed in clause 9.1, any amounts already paid to the Supplier (excluding the
Deposit) shall be forfeited.

9.3 Either Party shall be entitled to terminate this Agreement by giving the other prior written notice,
without establishing any breach of contract. In the event of a cancellation by the Hirer within seven
days of Dispatch, or at any point between Dispatch and the end of the Hire Period, the “Order
Total” amount listed on the Order Summary shall be forfeited, with any outstanding balance
remaining due to the Supplier.

 

10. Miscellaneous

10.1 The Supplier shall not be liable for any failure to perform or delay in performance of any of its
obligations under this Agreement caused by circumstances beyond its reasonable control, including
but not limited to illness, injury, transport delays or breakdowns, sub-contractor failure, adverse
weather conditions, natural disasters, fires, floods, earthquakes, insurrection, terrorism, war, acts of
Government, epidemics or pandemics.

10.2 The Supplier reserves the right to levy surcharges for delivery to and collection from addresses
outside of mainland Britain (eg. in Northern Ireland).

10.3 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter
or formation (including non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales. Each party irrevocably agrees that the courts of
England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or
in connection with the Agreement or its subject matter or formation (including non-contractual
disputes or claims).

10.4 Should any provision of this Agreement be held in whole or in part to be invalid or unenforceable, it
shall be severed from this Agreement and the remaining provisions of this Agreement shall
nevertheless continue in full force and effect.

10.5 The Supplier shall not be liable for any damage to persons or property caused by the Equipment
while it is in the possession of the Hirer.

10.6 The Hirer acknowledges that technical support from the Supplier is not promised and cannot be
guaranteed.

10.7 The Hirer agrees that any communication made between the Parties may be used by the
Supplier for marketing purposes.

10.8 The Supplier shall be entitled to sub-contract, assign, or otherwise transfer any of its obligations
under this Agreement to a third party or parties.