Conditions of Hire
1.1 In these conditions:-
1.1.1 “Contract” means a contract for hire of Equipment concluded by the acceptance by ACK Productions of an order pursuant to Condition 2.
1.1.2 “Equipment” means the equipment described of any individual it thereof.
1.1.3 “Hire Charge” means the weekly or daily charge payable by the Hirer to ACK Productions for the hire of equipment, which is set out in the current ACK Productions hire price list.
1.1.4 “Hire Period” means a period starting on the date the equipment is despatched to or collected by the Hirer and ending on the date which the equipment is returned o ACK Productions.
1.2 The headings in these conditions are for ease of reference only and shall not effect their interpretation.
2. Orders.
ACK Productions shall only accept an order for hire of Equipment provided that it is in writing. Unless otherwise agreed, the written acceptance of the Hirer’s order by an authorised employee of ACK Productions shall constitute the Contract which shall be subject to these Conditions. Any terms or conditions in the Hirer’s order or other documentation’s of whatsoever kind which are inconsistent with these Conditions shall have no effect.
2.1 A verbal order will only be accepted on the conditions that the hirer confirms their order in prior to receiving he hired goods.
3. Hire of Equipment
3.1 ACK Productions hereby hires to the Hirer the Equipment for the Hire Period at the Hire Charge.
3.2 ACK Productions reserves the right to supply equipment of a similar design to the equipment.
3.3 All descriptions and specifications, drawings and particular’s of weights and dimensions issued by ACK Productions are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, ACK Productions reserves the right to change specifications without notice.
4. Hire Charge
4.1 The Hirer shall pay ACK Productions either in advance or on a weekly basis a calculated by multiplying the appropriate Hire Charge for the Equipment by the Hire Period for such items of Equipment. All hire charges are strictly nett and are due and payable on invoice submitted within 7 days. Charges run from day of dispatch until day of return and are based on a period of one week or part thereof irrespective of whether the goods are in use or not.
4.2 The Hirer shall pay ACK Productions any packing and delivery charges where appropriate.
4.3 All sums due from the Hirer to ACK Productions hereunder shall be increased to include the current pertaining rate.
4.4 The Hirer shall pay ACK Productions invoices hereunder within 7 days of the date of invoice.
Time shall be of the essence in respect of the payment of all sums due hereunder.
4.5 Additional hire charges at the full daily rate together with consequential loss will be charged in the event of late return of Equipment, the breach of these conditions or the equipment not being available for use by other customers.
5.0 Delivery
5.1 Any dates and times quoted for delivery of the Equipment are approximate only and ACK Productions shall not be liable for any delay in the delivery of the Equipment howsoever caused.
5.2 The Hirer shall conduct a reasonable inspection of the Equipment upon receipt. If such inspection reveals that the Equipment is damaged, or that some of the equipment is damaged or has been lost, they shall notify ACK Productions and the carrier in writing within 3 days of the date of receipt. Damaged equipment may be retained by the Hirer for inspection by the carrier provided that it shall be returned to ACK Productions on demand. If the Hirer fails to notify ACK Productions and the carrier in accordance with this condition or to return the equipment on demand the Hirer shall pay ACK Productions the full cost of repair or replacement of the Equipment or the full hire rate until returned.
5.3 For Hirer collecting and returning equipment, ACK Productions normal working hours are Monday-Friday 10.00am to 6.00pm. By prior agreement of at least 48 hours a member of staff can be at the warehouse to receive the equipment outside normal working hours - this service is available at an extra cost.
6.0 Use of Equipment
6.1 The Hirer shall 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 & Safety ETC at Work Act 1974 and any statutory amendment or replacement of it.
6.2 The Hirer shall at its expense keep the Equipment in good repair, condition and working order, fair wear and tear expected. Without prejudice to the generality of the foregoing, the Hirer shall on a very regular basis and certainly every week.
6.2.1 Inspect, test and clean the Equipment.
6.2.2 Check and maintain wiring to fixing and rigging of Equipment
6.3 the Hirer shall not without the prior written consent of ACK Productions make any modification or alternation to the Equipment, or take the Equipment outside mainland Ireland.
6.4 the Hirer shall allow ACK Productions to inspect the equipment upon request during ACK Productions normal working hours.
6.5 The Hirer shall return all faulty lamps to ACK Productions. The replacement cost of the lamps will be charged to the Hirer if they are not returned.
6.6.1 The Hirer shall return cables to ACK Productions neatly coiled and taped using electrical PVC tape. A surcharge of £1 per cable will be added to the invoice should the Hirer fail to do this.
6.6.2 Double sided tape and staples should be removed from staging units prior to return, a charge of £15 per unit will be added to the invoice for cleaning units, nails are not permitted to be used and if the units are painted they must be returned repainted matt black at the Hirer’s expense, a charge of £20 per unit will be added for repainting.
6.6.3 When returning lamps, shutter blades should be closed, barn doors removed, gobo holders removed, colour frames removed and taped together.
6.6.4 Transmitters for lapel radio microphones must be used in the Neoprene pouches supplied. Microphone capsules are tested prior to despatch and return. Damaged capsules will be charged at the full replacement price. Batteries must be removed before return.
7. Ownership
7.1 The Equipment shall at all times remain the property of ACK Productions 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 ACK Productions in respect of the Equipment are or may be prejudicially affected.
8. Loss, Damage and Insurance
8.1 In the event of any loss or damage to the equipment the Hirer shall pay for its replacement, or the cost of restoring it to good working order, or allow ACK Productions or its agent to carry out such work at the Hirers expense. Continuing hire charges will apply for lost / damaged equipment ACK Productions unit replacements / repairs are re-entered into ACK hire stock.
8.2 The Hirer shall during the Hire Period (without prejudice to the liability of the Hirer to the Owner pursuant to condition 8.1) 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 to endorse a note of such interest on the policy, naming ACK Productions as loss payee. The Hirer shall on demand show ACK Productions the policy, the premium receipt 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 maybe invalidated.
8.3 For an additional charge (£100 (or 10% of the final invoice value for hires over £1000)) ACK Productions can cover equipment on hire under our policy - £300 excess applies in the event of a claim. This covers equipment loss / damage, it does not include public or employer liability which are your responsibility.
8.3 Where any event or accident shall occur which is a risk covered by the Hirer’s insurance hereunder, the Hirer shall immediately notify ACK Productions thereof. The Hirer shall hold any moneys received by the same as ACK Production directs.
9. Hirer’s Indemnities
9.1 The Hirer shall be solely responsible for and hold ACK Productions fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, cost and expenses which may be brought against or incurred by ACK Productions as a result of any accident involving the Equipment.
9.2 The Hirer shall be solely responsible for and hold ACK Productions fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, cost and expenses which may be brought against or incurred by ACK Productions as a result of any breach or default on the part of the Hirer on the discharge of its obligation under any Contract.
10. Limitations of Liability
10.1 ACK Productions liability for direct physical damage to tangible property of the Hirer caused by the negligence of ACK Productions, its employee’s, agents or subcontract, or by breach of any contract shall not
exceed £100, 000 subject to the exclusions set out in condition 10.2
10.2 ACK Productions shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of ACK Productions.
10.2.1 Loss of profits, business, revenue, goodwill or anticipated savings whether sustained by the Hirer or any other person, or
10.2.2 Special, indirect or consequential loss other than direct physical damage to tangible property of the Hirer or any other person, or
10.2.3 Any loss arising from any claim made against ACK Productions by any other person.
11. Termination
11.1 ACK Productions shall have the right to terminate a contract forthwith by giving notice in writing if the HIrer:-
11.1.1 Fails to make payment of any sum in accordance with Condition 4
11.1.2 Shall commit any other material breach of its obligations hereunder and shall not within 14 days of notice of such breach remedy the same or,
11.1.3 Shall enter into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstructions without insolvency or shall compound o make any arrangement with its creditors or shall be the subject of an application for an administration order shall be subject of any proposal under Part 1 of the insolvency Act 1986 for a composition in satisfaction of its debts.
12. Consequences
12.1 Any termination of a contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party of either party.
12.2 On termination of a contract (howsoever occasioned) the Hirer shall no longer be in the possession of the equipment with ACK Productions consent and shall unless otherwise agreed with ACK Productions of forthwith return the Equipment to ACK Productions in good working order.
13. Force Majeure
Although ACK Productions shall use all reasonable endeavors to discharge its obligations under a contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstance beyond its control
14. General
14.1 No neglect, delay or indulgence by ACK Productions on enforcing a contract shall prejudice the rights of ACK Productions or be construed as a waiver.
14.2 The Hirer hereby waives all and any future claims and rights set off against any sums due to ACK Productions hereunder regardless of any equity, set off or counter claim on the part of the HIrer against ACK Productions.
14.3 Any notice hereunder shall be in writing and may be served by sending it by prepaid first class letter or delivery if (in the case of a Limited company) to the address stated herein, and in any other case, to the last known address of the addressee. In proving service of any notice it shall be sufficient to prove that the envelope contains the notice was properly addressed, stamped and posted service shall be deemed effective at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed effective from the date of such delivery.
14.4 The Hirer shall not assign or otherwise transfer all or any part of a contract.
14.5 The formation construction and performance of all contracts shall be governed in all respect by Northern Ireland Law. The parties hereby agree to submit to the exclusive jurisdiction of the Northern Ireland Courts.