TERMS AND CONDITIONS OF HIRE
a) Definitions. This contract is for the hire of percussion instruments and accessories ("equipment")(accessories not necessarily related to the term percussion instruments) the parties of the contract, which are:
(i) The "Hirer" and, where the Hirer is not an individual but acting on behalf of a third party organisation, the named individual responsible for the order and/or the signatory evident on the terms and conditions contract.
(ii) Bell Percussion Ltd (Registered No 5848200 – Part of Bell Percussion Ltd 02139373) with registered offices at 6 Greenock Road, Acton, London W3 8DU. Any condition deemed invalid will not affect other conditions. Nothing in this contract is in any way intended to limit a consumer's existing legal or statutory rights
b) Extent of Contract. The Contract is not assignable and is effective when Bell Percussion Ltd accepts the Hirer's detailed order.
c) Commencement. The Hire is deemed to have commenced when the equipment is collected by the Hirer or a representative of the Hirer with official authority from 6 Greenock Road, Acton London W3 8DU or a third party venue subject to agreement with both the Hirer and Bell Percussion Ltd. The Hire is deemed to have commenced when the equipment has been delivered to the Hirer's requested location but subject to approval by Bell Percussion Ltd.
d) Off-Hiring. The Hire is deemed to have ceased once the Hirer has no further need for the equipment.
e) Termination. Bell Percussion Ltd may terminate the Contract and repossess the equipment without affecting any rights to monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
f) Ownership of Equipment. Any equipment hired remains the property of Bell Percussion Ltd at all times. Ownership of any equipment purchased with prior approval from Bell Percussion Ltd, transfers only when full payment of the agreed monies is received by Bell Percussion Ltd.
a) Basis for Hire Charging
The stated or quoted hire charges are for the duration of the Contract and include weekends and Public Holidays. Additional charges may be made should the circumstances of the hire change within the hire period.
b) Transport Charges. Transport charges are stated and quoted separately to hire charges. Transport charges will remain as stated or quoted except when circumstances change from the original arrangements. Bell Percussion Ltd reserves the right to charge additional monies, such as amended delivery/collection charges, waiting time at venues, parking tickets etc for transport that changes from the original arrangements. Bell Percussion Ltd cannot be held responsible for the late delivery or collection of equipment due to third party transport or courier delays with all existing quotes unaffected by circumstances beyond our control.
c) Payment terms. The Hirer will pay all monies outstanding, including VAT at the current rate, within the payment terms indicated on each invoice. Hire invoice payments should be made no later than stated terms on the invoice. The Hirer will be liable for any legal charges incurred by Bell Percussion Ltd in the recovery of amounts due, equipment and/or goods.
d) Credit card Transactions. Where the Hirer has signed an open credit card slip at the point of collection, this will be destroyed on return of any equipment hired. Bell Percussion Ltd reserves the right to retain the total credit card amount stated to reflect any loss, damage or theft of the hired equipment.
f) Loss of Equipment. Bell Percussion Ltd may treat any equipment unavailable for inspection on long-term hires after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current replacement value.
g) Cancellation Charge. Bell Percussion Ltd may charge for a cancellation fee where other Hirer's orders are lost due to the reservation of specific equipment.
3. Hirer's Responsibilities
a) Receipt of Equipment. Where possible, the Hirer will sign to acknowledge receipt of the equipment at point of delivery. Equipment queries, faults or missing items should be reported to Bell Percussion Ltd as soon as possible. If collecting instruments from Bell Percussion you will be asked to provide a signature acknowledging full receipt of goods. It is the hirers responsibility to check the instruments against the paperwork. Any missing items are the hirers responsibility and Bell Percussion will not cover any charges incurred forwarding goods.
b) Insurance and Security of Equipment. The Hirer accepts responsibility for equipment insurance and security until its collection by or return to Bell Percussion Ltd and undertakes not to sell or relinquish possession, alter, repair or modify in any way. Equipment transported in the Hirer's vehicle or a third party or organisational vehicle if not an individual, is at the Hirer's risk and the Hirer is responsible for the insurance and security during this time.
c) Safe and Correct use of Equipment. The Hirer is responsible for the safe and correct use of all equipment whilst on hire. The Hirer will immediately notify Bell Percussion Ltd of any equipment faults, defects or damage as soon as recognised by the Hirer or third party. The Hirer accepts responsibility for any damage to equipment inflicted whilst using the equipment whether the Hirer is responsible for the damage themselves or by a third party.
d) Lost or Stolen Equipment. The Hirer agrees to insure the equipment on full current replacement basis against the risks of loss, damage and theft and on demand pay to Bell Percussion Ltd the full replacement value whether it be a total insurance claim proceed and if not to fulfill the subsequent shortfall. This liability is without prejudice to any Bell Percussion Ltd rights under the contract. Replacement equipment purchased with insurance company proceeds will be the property of Bell Percussion Ltd.
e) Ordering. The hirer agrees that whilst Bell Percussion Ltd will accept verbal hire orders, written orders are always preferable and without any form or written confirmation from the hirer, Bell Percussion Ltd cannot be held responsible for equipment shortfalls, missing items or incorrect venue or timing details.
f) Order confirmation. The hirer must confirm any hire by email, fax or written letterhead. If the hirer is an individual they must provide two forms of ID. One must be a driving licence, passport or other ID form including a photo and the other must be a recent utility bill (dated no less than 3 months at the registered address) which must provide current proof of address. A mobile telephone bill is not acceptable. The hirer must also provide a credit card (not American Express) that retains enough credit to process an ‘open transaction’ which acts as a deposit for the total replacement value of any hired equipment. These details will be destroyed provided the equipment has been returned safely and is in the same working order as at the commencement of the hire. If hiring on behalf of a company or organisation the hirer will need to confirm any hire by sending a letterhead fax agreeing the quote, outlining the equipment to be hired, the dates, times and venue and also that the hiring organisation will be responsible for the insurance of the equipment whilst in their care.
4. Bell Percussion Ltd Responsibilities
a) Hire Rates. Bell Percussion Ltd will maintain the agreed hire rates for the duration of the Contract.
b) Testing and Inspection of Equipment. Bell Percussion Ltd will check all electrical equipment before commencement of hire. All equipment will leave Bell Percussion Ltd having been tested and inspected to adhere to the usage requirements. If equipment needs to be recovered from the Hirer due to faults arising from the acceptable use of such equipment, Bell Percussion Ltd will endeavour to substitute items of similar specification.
c) Transport. Following the Hirer's request, Bell Percussion Ltd will endeavour to deliver any equipment prior to the requested time or collect equipment during the next business day wherever possible, unless by prior arrangement. Bell Percussion Ltd will endeavour to adhere to the original timings made at the time of order, although Bell Percussion Ltd cannot be held responsible for late deliveries or collections due to unforeseen circumstances.
d) Limitation of Liability. The liability of Bell Percussion Ltd for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of equipment and/or goods, breakdown, stoppage or lawful repossession.
e) Accessories. Bell Percussion Ltd will not provide sticks, mallets or beaters with any hire instrument. Any accessory provided by Bell Percussion Ltd enabling the hirer to create a sound from a hire instrument has been provided as a courtesy and cannot be acknowledged as normal procedure. Bell Percussion Ltd cannot be held responsible for any additional costs to provide any accessories after the hire has commenced.