GENERAL TERMS AND CONDITIONS OF BUSINESS
UNITED KINGDOM & EU – JH AV LIMITED
1. DEFINITIONS AND LAW
1.1 “the Equipment” shall mean goods, components and other items
hired or sold by JH AV Ltd or any part thereof
1.2. “the Customer” is the person, firm, corporate or public body hiring or
purchasing the Equipment. Any person purporting to act on behalf of the
Customer shall be bound by the Contract
1.3. “Consequential loss” shall mean loss of profits, contracts or other
consequential loss or damages whatsoever
1.4. “Interest” shall mean interest calculated in accordance with Clause
6.2
1.5. The Contract shall be interpreted and applied in accordance with
English Law and the parties to this contract agree to submit to the
exclusive jurisdiction of the English Courts
2. DRY HIRE TERMS (EQUIPMENT RENTAL ONLY)
2.1. CHARGES
2.1.1. Hire charges commence from the date stated in the contract and
are payable for the period of hire
2.1.2. Equipment must be returned by 12 noon on the date specified in
the Contract in a clean and serviceable condition and the Customer
must obtain the supplier’s receipt
2.1.3. Additional charges accrue at the full daily hire rate together with
consequential loss in the event of the breach of these conditions or the
equipment not being available for use by other customers
2.1.4. All cables must be returned coiled and taped and in default a
charge of £2 per cable will be made2.1.5. JH AV LTD provides spare lamps with Equipment where
appropriate. These and any lamps they replace must be returned with
the Equipment and in default their full replacement cost will be charged
2.1.6. All charges are payable on demand
2.2. HIRE PERIOD
2.2.1. The hiring period commences at 1:00pm on the date specified in
the Contract and continues for the period specified in the Contract and
terminates at 12 noon on the last day of the hiring period
2.3 Customer’s responsibilities
2.3.1. The Customer’s responsibility for the Equipment commences on
receipt of the Equipment by the Customer or his agent or on delivery
and ends when the Customer is in possession of JH AV LTD’s
unqualified receipt for the return of all the Equipment
2.3.2. The Customer shall not at any time sell dispose or otherwise part
with control of the Equipment or attempt to do so
2.3.3 The Signatory to the Contract and the Customer jointly and
severally undertake with JH AV LTD that everyone who uses the
Equipment has been properly instructed in its safe and proper operation
and will ensure that every user is in possession of necessary
instructional material and further will not allow the Equipment to be
misused
2.3.4. The Customer will at all times fully indemnify JH AV LTD against
any expense liability financial loss claim or proceedings whatsoever in
respect of any personal injury or damage to or loss of any property
arising out of or in connection with the delivery hire use non use
repossession collection return or non return of the Equipment
2.3.5. Nothing in this clause shall affect the statutory rights of the
Customers or purport to exclude any liability which may not be excluded
under the Unfair Contract Terms Act 1977
2.4. ELECTRICAL EQUIPMENT2.4.1. Any electrical Equipment should be used with plugs and/or
sockets as fitted.
2.4.2. No Equipment shall be modified without prior written consent from
JH AV LTD
2.4.3. The Customer shall be responsible at all times to arrange a proper
supply of electricity for use with the Equipment and ensure that the
Equipment shall at all times be properly earthed. Damage to equipment
from incorrectly connected or disrupted supply will be charged.
2.5. EQUIPMENT MAINTENANCE AND REPORTING
2.5.1. The Customer shall ensure that the Equipment remains
serviceable and clean during the hire period
2.5.2 Any breakdown or unsatisfactory working of Equipment shall be
immediately notified to JH AV LTD
2.6. CUSTOMER’S RESPONSIBILITIES
2.6.1. The Customer’s responsibility for the Equipment commences on
receipt of the Equipment by the Customer or his agent or on delivery
and ends when the Customer is in possession of JH AV LTD’s
unqualified receipt for the return of all the Equipment
2.6.2. The Customer shall not at any time sell dispose or otherwise part
with control
of the Equipment or attempt to do so
2.6.3. The Signatory to the Contract and the Customer jointly and
severally undertake with JH AV LTD that everyone who uses the
Equipment has been properly instructed in its safe and proper operation
and will ensure that every user is in possession of necessary
instructional material and further will not allow the Equipment to be
misused
2.6.4. The Customer will at all times fully indemnify JH AV LTD against
any expense liability financial loss claim or proceedings whatsoever in
respect of any personal injury or damage to or loss of any propertyarising out of or in connection with the delivery hire use non use
repossession collection return or non return of the Equipment
2.6.5. Nothing in this clause shall affect the statutory rights of the
Customers or purport to exclude any liability which may not be excluded
under the Unfair Contract Terms Act 1977
2.7. ELECTRICAL EQUIPMENT
2.7.1 Any electrical Equipment should be used with plugs and/or sockets
as fitted.
2.7.2. No Equipment shall be modified without prior written consent from
JH AV LTD
2.7.3. The Customer shall be responsible at all times to arrange a proper
supply of electricity for use with the Equipment and ensure that the
Equipment shall at all times be properly earthed. Damage to equipment
from incorrectly connected or disrupted supply will be charged.
2.8. EQUIPMENT MAINTENANCE AND REPORTING
2.8.1. The Customer shall ensure that the Equipment remains
serviceable and clean during the hire period
2.8.2. Any breakdown or unsatisfactory working of Equipment shall be
immediately notified to JH AV LTD
2.8.3. The Customer shall under no circumstances attempt to repair the
Equipment without prior authorisation from JH AV LTD
2.8.4. Any damaged or unsatisfactory Equipment must be returned to JH
AV LTD’s premises for examination at the Customer’s cost
2.8.5. If the Equipment is involved in any accident resulting in damage to
either the Equipment or other property or injury to any person the
Customer shall notify JH AV LTD immediately2.8.6. Equipment must not be removed from any site originally specified
by the Customer or from any subsequently authorised site without prior
consent of JH AV LTD
2.9. COMPATIBILITY OF EQUIPMENT
2.9.1. The Customer shall ensure that the Equipment is compatible and
may safely be used with any other Equipment being used by the
Customer
2.9.2. The Customer shall be responsible for ensuring that the
equipment is suitable for their purposes.
2.9.3. JH AV LTD reserves the right to supply equipment of a similar
design to the Equipment specified.
2.9.4. All descriptions and specifications, drawings and particulars of
weights and dimensions issued by JH AV LTD 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, JH AV LTD reserves the right to change specifications
without notice.
3. WET HIRE TERMS (FULL SERVICE – EQUIPMENT RENTAL AND
LABOUR AND/OR ADDITIONAL SERVICES)
3.1. CHARGES
3.1.1. Hire charges commence from the date stated in the contract and
are payable for the period of hire
3.1.2. All charges are payable on demand
3.2. HIRE PERIOD
3.2.1. The hiring period commences on the date specified in the
Contract and continues for the period specified in the Contract and
terminates at 12 noon on the last day of the hiring period
3.3. CUSTOMER’S RESPONSIBILITIES3.3.1. The Customer’s responsibility for the Equipment commences on
receipt of the Equipment by the Customer or his agent or on delivery
and ends when the Customer is in possession of JH AV LTD’s
unqualified receipt for the return of all the Equipment
3.3.2. The Customer shall not at any time sell dispose or otherwise part
with control of the Equipment or attempt to do so
3.4. EQUIPMENT SPECIFICATION
3.4.1. All descriptions and specifications, drawings and particulars of
weights and dimensions issued by JH AV LTD 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, JH AV LTD reserves the right to change specifications
without notice.
3.5. EQUIPMENT USAGE
3.5.1. JH AV LTD personnel, or their duly appointed affiliates, must
handle and operate all equipment.
3.5.2 Equipment may not be operated, moved, stored, or serviced by
The Customer or any other party unless authorised by prior written
agreement from JH AV LTD. The Customer may incur additional charges
if equipment is moved or relocated by unauthorised personnel.
3.5.3 The Customer agrees that JH AV LTD shall be permitted free
access to the equipment at any time before, during and/or after the
event for purpose of set/strike, maintenance and routine checks.
4. CONDITIONS APPLICABLE TO BOTH DRY & WET HIRES
4.1. INSURANCE
4.1.1. The Customer agrees to pay JH AV LTD the full retail cost of any
Equipment lost stolen or damaged beyond economic repair (without
deduction for usage wear tear or age)
4.1.2. The Customer shall insure the goods against the above liability.4.1.3. All monies received by the Customer from any insurance
company or third party in settlement of any claim shall be held in trust by
the Customer and paid to JH AV LTD on demand to the extent that any
such payment is due under this clause
4.1.3 During the Hire Period and the Risk Period, the Customer shall at
its own expense obtain and maintain the following insurances:
• insurance of the Equipment to a value not less than its full
replacement value comprehensively against all usual risks of loss,
damage or destruction by fire, theft or accident, and such other
risks as the Supplier may from time to time nominate in writing;
• insurance for such amounts as a prudent owner or operator of the
Equipment would insure for, or such amount as the Supplier may
from time to time reasonably require, to cover any third party or
public liability risks of whatever nature and however arising in
connection with the Equipment; and
• insurance against such other or further risks relating to the
Equipment as may be required by law, together with such other
insurance as the Supplier may from time to time consider
reasonably necessary and advise to the Customer in writing.
• The Customer shall give immediate written notice to the Supplier in
the event of any loss, accident or damage to the Equipment during
the Customer’s possession or use of the Equipment.
4.1.4. The Customer shall not compromise or settle any claim without
the express consent of JH AV LTD
4.1.5. In the case of Equipment which is lost stolen or damaged beyond
economic repair the Customer shall pay a charge at the full daily rate
together with interest and consequential loss until the Equipment is
replaced4.2. TERMINATION OF HIRE
4.2.1 JH AV LTD shall be entitled to terminate the contract with
immediate effect and to repossess the Equipment if at any time:-
(a) The Customer is in breach of these terms; or
(b) The Customer shall take any steps or if any act or proceeding is
commenced in which the Customer’s solvency is in the reasonable view
of JH AV LTD in doubt.
Such termination shall not affect the right of JH AV LTD to recover from
the Customer any monies due under this contract interest consequential
loss or damages for breach
4.2.2 The Customer hereby authorises JH AV LTD to enter upon any
property, upon which JH AV LTD reasonably believe any Equipment to
be held and JH AV LTD in their absolute discretion may recover and
remove the Equipment
4.2.3 The Customer hereby authorises JH AV LTD (notwithstanding any
subsequent instruction to the contrary after the date of the
commencement of the Contract) to deduct any sums properly due to JH
AV LTD arising under a breach of these terms from any credit card debit
card or charge account details of which are in the possession of JH AV
LTD
4.3. CANCELLATION OF CONTRACT
4.3.1 Cancellation notices must be in writing and received by a JH AV
Ltd representative before becoming effective.
4.3.2 The following shall apply should the customer cancel the contract:-
– in the event of cancellation 30 days before the beginning of hire 0% of
the rental shall be due plus any Production Management costs and
expenses actually incurred by JH AV Ltd. – in the event of cancellation
between 29 and 15 days before the beginning of hire, a 50% Deposit of
the contract value or the total amount of expenses incurred to that point
which are non refundable, which ever is the greater, shall be due. – in
the event of cancellation 14 days or fewer before the beginning of hire,
100 % of the contract value shall be due.4.3.3. Where any items are designed and, or fabricated as part of the
contract an additional cancellation fee will be applicable, regardless of
the date of cancellation, to an amount equal to the direct and indirect
costs incurred by JH AV Ltd or its affiliates in securing and/or
constructing such custom materials plus a 20% administration fee.
4.3.4 Cancellation fees shall be due immediately upon any such
cancellation by the Customer
4.3.5. Postponement of an agreed date shall be regarded as a
cancellation and any costs incurred shall be passed onto the client with
a 20% administration fee.
4.4. OWNERSHIP
4.4.1 JH AV LTD retains all title and rights in and to the equipment and
all related accessories
5. CONDITIONS AS TO SALE
5.1. RISK IN TITLE
5.1.1. The risk in the Equipment shall pass to the Customer immediately
on delivery to the Customer at the address shown for delivery on the
contract or if the Customer collects on collection
5.1.2. Property and title in the Equipment shall remain vested in JH AV
LTD and JH AV LTD reserve the right to dispose of the Equipment until
such time as the price shall have been paid in full
5.1.3. If any part of the payment is overdue or if the Customer is in
breach of any of these terms or if the Customer or any third party shall
take any steps or any act or proceeding in which in the reasonable view
of JH AV LTD the Customer’s solvency is in doubt JH AV LTD may
(without prejudice to any of JH AV LTD’s other rights) recover or resell
the Equipment and may enter upon the Customer’s or any third parties
property for that purpose.
5.2. RECEIPT5.2.1. The Customer or any duly authorised person on behalf of the
Customer shall receive and unload the Equipment and shall check the
same for quantity and condition in the presence of JH AV LTD’s carrier
5.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by
the Customer or a duly authorised person on behalf of the Customer on
the delivery document and the Customer shall give written confirmation
to JH AV LTD within three days of delivery
5.2.3. No claim in respect of shortage of or unsatisfactory condition of
the Equipment shall be entertained by JHAV LTD unless condition 5.2.2.
is observed
5.2.4. This condition does not affect the statutory rights of the Customer
5.3. PRICE
5.3.1. The price charged will be the price ruling at the time of delivery.
Where this is at variance with the price quoted or inserted in the contract
at the time the goods were ordered the Customer will be advised prior to
delivery
5.4. PAYMENT
5.4.1. Where account facilities have been granted to the Customer in
writing all invoices must be paid within the terms on the invoice
5.4.2. Where no such facilities have been granted payment will be with
Proforma, order or where previously agreed on delivery
6. GENERAL CONDITIONS
6.1. POWER TO ENTER THIS CONTRACT
6.1.1. The signatory to the contract warrants that they are duly
authorised on the Customer’s behalf to enter into the contract and
hereby personally indemnifies JH AV Ltd. against all losses and costs
that may be incurred by JH AV Ltd. if this is not the case6.1.2 Written acceptance of a quotation and/or the provision of a
purchase order shall constitute the forming of a contract
6.2. PAYMENT AND INTEREST
6.2.1. Where payments are not made on the due date JH AV LTD will be
entitled to interest on the amount that is overdue at National
Westminster Bank PLC base rate prevailing for the period for which
such monies are overdue together with 6% calculated on a day to day
basis compounded with quarterly rests.
6.2.2. The payment of such interest shall be without prejudice to any
other rights or remedies of JH AV LTD.
6.2.3. Any legal or other charges incurred in the recovery of money or
equipment shall be paid by the Customer
6.2.4. Notwithstanding any provision in these terms of business to the
contrary the customer shall if required by JH AV LTD pay such sum on
account of the hire charges or price for goods and or services as shall
be agreed at the time of placing the order
6.3. LIABILITY
6.3.1. JH AV LTD’s liability for any defect in the equipment shall be
limited to and in no case exceed:-
(a) any manufacturer’s warranty sold with the equipment; or if there shall
be none
(b) replacement or repair of the defective equipment; or
(c) at JH AV LTD’s option a refund of the price
6.3.2. Consequential losses – Nothing in these terms and conditions
shall make JH AV LTD liable for any consequential loss to the Customer
including any expense liability loss claim or proceeding whatsoever
caused by or arising out of the late delivery non delivery unsuitability
incompatibility or unlawful repossession of the Equipment or any part
thereof or any breakdown or stoppage of the same
6.3.3. LIMITATION OF LIABILITY: Notwithstanding any other provision,
JH AV LTD’s aggregate liability to The Customer under anycircumstances shall be strictly limited to an amount equal to the actual
fees paid to JH AV LTD’s in connection with the Contract. Under no
circumstances shall JH AV LTD’s liability exceed such fees.
6.4 FORCE MAJEURE
6.4.1. JH AV LTD’s failure to perform any term or condition of this
Agreement as a result of conditions beyond its control such as, but not
limited to, war, strikes, fires, floods, acts of God, governmental
restrictions, power failures, or damage or destruction of any network
facilities or servers, shall not be deemed a failure to perform their part of
the hire agreement.
6.5. INJURY TO PERSONS AND DAMAGE TO PROPERTY
6.5.1. Subject to 6.3. above JH AV LTD shall not be liable for any loss
other than that which directly arises from any injury to persons or
damage to tangible property where and only to the extent that such
injury or damage is caused by any defects in the Equipment and where
such defect is caused by the negligence of JH AV LTD
6.6. RIGHTS RESERVED
6.6.1. Any failure by JH AV LTD to enforce any or all of these conditions
shall not be construed as a waiver of any of JH AV LTD rights hereunder
6.6.2. If any term in this contract shall be held invalid such invalidation
shall not affect the validity of the remaining terms
6.7. TERMS OF CONTRACT
6.7.1. These conditions have effect in substitution for and to the
exclusion of any condition put forward by the Customer
6.8. DELIVERY AND CARRIAGE
6.8.1. All times quoted or stated for deliveries are approximate only shall
not be liable for any delay in delivery of the Equipment howsoever
caused.6.8.2. Hire charges or sale prices do not include carriage. Any expenses
incurred by JH AV LTD in delivery or recovering equipment or attempting
the same will be paid by the Customer
6.8.3. Where carriage charges are quoted by JH AV LTD such charges
will include only for the time to load or unload alongside the JH AV LTD
vehicle at the address specified by the Customer. Further time or
attendance will be paid for by the Customer
6.8.4 JH AV LTD reserves the right to recharge additional costs of
delivery and collection including, but not restricted to, parking fines,
waiting time and toll charges.
6.8.5 JH AV LTD shall not be held liable for any damage incurred to a
customer vehicle when loading\unloading or for the safe and secure
loading of their vehicle.
6.8.6 Where The Customer makes arrangements for the delivery and
collection of equipment, The Customer will be liable for loss or damage
which occurs during transport of the equipment.
6.9. COPYRIGHT
6.9.1. JH AV LTD notifies the Customer that playing or showing
copyright material in circumstances where the Customer or anyone
authorised by him does not hold the appropriate Licence of the copyright
holder he will infringe copyright and may become liable in damages for
so doing
6.9.2. The Customer by accepting delivery of sound or visual
reproduction equipment warrants that he has or will obtain the
appropriate Licence for the said performance playing or showing, prior
to using the equipment for the said purpose
6.9.3 The customer agrees to indemnify JH AV LTD in respect of any
claim for breach of Copyright caused by the transmission, recording,
broadcasting, rebroadcasting of audio and visual projection on behalf of
the Customer.6.9.4 Where JHAV are commissioned to “provide management and
production services” this is provided in an advisory role only. it is the
customers role to make final decisions and JHAV are to deliver each
project under current industry and HSE guidelines and at no financial
risk or obligation to the customer.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE HIRE
OF EQUIPMENT AND SERVICES BY JH AV LTD TO THE
CUSTOMER FOR AN EVENT OR SERIES OF EVENTS FOR A
SPECIFIED RENTAL PERIOD.
Definitions:
“JH AV” refers to company name: JH AV Ltd, Enniskerry, Trevelmond,
Liskeard, Cornwall PL14 4LZ & Unit 1, Trethawle Farm, Liskeard
Cornwall PL14 3PF, United Kingdom
“The Customer” refers to the authorised signatory to invoice for hire of
equipment and or services.
“Event” refers to the event for which the Customer is to hire equipment
and or services
“Event date” is the first date of the hire period detailed on the Hire
Agreement.
“Hire” refers to the equipment and or services hired by JH AV Ltd to The
Customer for the period stated in the Hire Agreement.
The signature of a quotation or a contract automatically changes it in to
hire agreement.
“Media” includes any presentation slides, computer software and files,
graphics, originals, artwork, video, film, photos, music and audio
materials.
1. ACCEPTANCE
This Proposal will be valid for a period of 21 days from the Proposal
Date or date stated (“Acceptance Period”). In the event this Proposal is
not accepted, signed and returned to JH AV Ltd within the Acceptance
Period, it will be void. If the Acceptance Period has expired, all prices
are subject to change.
2. ESTIMATEThis Proposal was developed based upon information provided by The
Customer (“The Customer”) and this Proposal is only an estimate of
equipment and services to be provided in connection with the event
(“Event”). In the event the actual amount of equipment, services, labor
and any related merchandise provided in connection with the Event is
greater than the amount specified in this Proposal, The Customer shall
be charged for such additional equipment, services and/or labor
(including rental fees and transport), at JHAV’s prevailing standard rates.
All labour, VAT, transport, shipping /handling, personnel transportation &
accommodation, Per-diem and electrical charges (if applicable to the
Event) are estimated and final amounts will be charged and due upon
final invoice.
3. ORDERS
Verbal or telephone orders are not final until a written order is received
by JH AV. The order must state all requirements, including leads,
adaptors, spigots, clamps, stands etc. Orders need to be signed by
someone who is able/allowed to sign the order on behalf of the client
4. LABOUR RATES
This estimate, unless specifically indicated, does not include the
following items: Crew transportation, lodging, and local parking. All
overtime labour will be billed at 1.5 times the hourly rate for the position
(day rate divided by ten) for hours worked in excess of ten, and 2 times
the hourly rate for hours worked in excess of 16 hours. JHAV employees
require a mandatory 10-hour break between work periods.
5. EQUIPMENT HANDLING (DRY HIRE)
The Customer shall not interfere with the equipment, their working
mechanisms or any other parts of them and take reasonable care using
them for their proper purpose in a safe and correct manner in
accordance with any operating and safety instructions provided or
supplied to The Customer. The Customer will take care to notify JHAV
immediately after any breakdown, loss or damage to the equipment. The
Customer shall take adequate and proper measures to protect the
equipment from theft, damage and/or other risks. The Customer agrees
that equipment will at all times be within its possession and control andnot to remove the equipment from the country in which it was hired
without the prior written consent of JHAV. The equipment must be
returned by The Customer in good working order and condition (fair
wear and tear excepted) and in a clean condition together with all
documents supplied with the equipment.
Where The Customer makes arrangements for the delivery and
collection of equipment, The Customer will be liable for loss or damage
which occurs during transport of the equipment.
6. EQUIPMENT HANDLING (WET HIRE)
When on show site, JHAV personnel must handle all equipment.
Equipment may not be operated, moved, stored, or serviced by The
Customer or any other party unless authorised by prior written
agreement from JHAV. The Customer may incur additional charges if
equipment is moved or relocated by unauthorised personnel. The
Customer agrees that JHAV shall be permitted free access to the
equipment at any time before, during and/or after the event for purpose
of set/strike, maintenance and routine checks. JHAV retains all title and
rights in and to the equipment and all related accessories. Where The
Customer makes arrangements for the delivery and collection of
equipment, The Customer will be liable for loss or damage which occurs
during transport of the equipment.
7. DAMAGE & SECURITY
The Customer shall be responsible for all equipment that is damaged,
lost or stolen (whether by use, misuse, accident or neglect), unless
caused by JHAV negligence. In addition to amounts due to JHAV in
connection with this Proposal, The Customer agrees to pay JHAV upon
demand for all amounts incurred by JHAV on account of lost, damaged
and stolen equipment, based upon repair costs for reparable equipment
or full replacement cost for lost or irreparable equipment. Security is
required by the Customer to protect the equipment while onsite. The
Customer shall be responsible for all costs in connection with the
provision of security.
8. DEPOSIT; PAYMENTCustomers who do not have pre-approved credit terms will be required
to provide a deposit of 50% upon booking with the remaining 50% paid
30 days prior to the booking date. Failure to pay may result in non-
provision of the equipment and services as specified in this proposal. If
Customers fail to make payments due, without prejudice to any other
right or remedy available, they shall be charged (before and after any
judgment) on the amount unpaid at the annual rate of 6% until payment
in full is made (a part of the month being treated as a full month for the
purpose of calculating interest). Interest shall become due and payable
notwithstanding the fact that a portion of the account shall be subject to
any dispute or query.
Any other payment arrangements must be approved in writing by JHAV
at least 30 days prior to the Event.
9. CANCELLATION
Should a hire order be cancelled by The Hirer for reasons outside any
fault of The Owners, the standard cancellation terms will apply:
I. If The Customer cancels the Event or the provision of Audio Visual
equipment and Services more than 30 days prior to the first day of the
Event, only costs incurred in pre-production services or bespoke orders
will be charged to the customer with a 20% administration fee and any
deposit paid will be fully refundable after deduction of these charges.
II. Cancellations within 30 days of the event will incur a cancellation fee
of 50% of the contract value, or costs incurred to date if higher than 50%
of the project plus any non refundable deposits.
Cancellations within 28 days of an Event will be charged the full amount
of the contract.
ALL CANCELLATION NOTICES MUST BE IN WRITING AND
RECEIVED BY
JH AV Ltd’s REPRESENTATIVES BEFORE BECOMING EFFECTIVE.
10.CUSTODY AND CARE OF EQUIPMENT
The Hirer shall be responsible for the safe custody of all equipment
supplied on hire. Should any equipment be lost, stolen, destroyed or
damaged in any way whatsoever whilst in the possession of the Hirer,
compensation amounting to the full cost to JHAV to replace the
equipment shall be borne by the Hirer. In the event of damage to the
equipment, compensation amounting to the full cost to JHAV to makeINSURANCE
10.1 The Customer agrees to pay JH AV LTD the full retail cost of any
Equipment lost stolen or damaged beyond economic repair (without
deduction for usage wear tear or age)
10.2 The Customer shall insure the goods against the above liability.
10.3 During the Hire Period and the Risk Period, the Customer shall at
its own expense obtain and maintain the following insurances:
• insurance of the Equipment to a value not less than its full
replacement value comprehensively against all usual risks of loss,
damage or destruction by fire, theft or accident, and such other
risks as the Supplier may from time to time nominate in writing;
• insurance for such amounts as a prudent owner or operator of the
Equipment would insure for, or such amount as the Supplier may
from time to time reasonably require, to cover any third party or
public liability risks of whatever nature and however arising in
connection with the Equipment; and
• insurance against such other or further risks relating to the
Equipment as may be required by law, together with such other
insurance as the Supplier may from time to time consider
reasonably necessary and advise to the Customer in writing.
• The Customer shall give immediate written notice to the Supplier in
the event of any loss, accident or damage to the Equipment during
the Customer’s possession or use of the Equipment.
10.4 The Customer shall not compromise or settle any claim without the
express consent of JH AV LTD10.5 In the case of Equipment which is lost stolen or damaged beyond
economic repair the Customer shall pay a charge at the full daily rate
together with interest and consequential loss until the Equipment is
replaced
the damage shall be borne by the Hirer and a valid certificate of
insurance
11. REPOSSESSING HIRE EQUIPMENT
The Customer agrees that a representative of JHAV may enter any
premises at which JHAV’s equipment are kept or reasonably believed to
be kept for the purposes of recovering the equipment at the termination
of any Hiring Period. In relation to premises not occupied or under
control of the Customer, the Customer undertakes to procure permission
for JHAV to enter the premises for the purposes of repossessing the hire
equipment. The Customer shall compensate JHAV for any costs
incurred in repossessing the equipment.
12. INDEMNIFICATION
The Customer and JHAV each hereby agree to forever indemnify,
defend and hold harmless the other for any and all claims, losses, costs
(including reasonable attorneys fees and costs), damages and/or injury
to property and persons (including death) as a result of the negligent
acts, errors or omissions of each party and their respective employees,
agents, representatives and contractors.
13. LIMITATION OF LIABILITY
Notwithstanding any other provision, JHAV’s aggregate liability to The
Customer under any circumstances shall be strictly limited to an amount
equal to the actual fees paid to JHAV in connection with the Event.
Under no circumstances shall JHAV’s liability exceed such fees paid by
the Customer to JHAV in connection with the Event. Under no
circumstances will JHAV be responsible for any indirect, special or
consequential damages (including, but not limited to, loss of profits,
interest, earnings or use) whether arising in contract, tort or otherwise inconnection with the Event.
The customer agrees to indemnify JHAV in respect of any claim for
breach of Copyright caused by the transmission, recording,
broadcasting, rebroadcasting of audio and visual projection on behalf of
the Customer.
14. EQUIPMENT FAILURE
JHAV maintains and services its equipment in accordance with
manufacturer’s specifications and industry practice. JHAV does not,
however, warrant or guarantee that the equipment or services being
provided will be free from defect, malfunction or operator error. If the
equipment malfunctions or does not operate properly during the Event
for any reason whatsoever, The Customer agrees to immediately notify
a JHAV representative. JHAV will attempt to remedy the problem as
soon as possible so that the Event is not interrupted. The Customer
agrees and acknowledges that JHAV assumes no responsibility or
liability for any loss, cost, damage or injury to persons or property in
connection with the Event as a result of faulty equipment or otherwise.
15. VIDEO CONFERENCING & VIDEO/VOICE OVER IP
Where JHAV provides audio and/or video conferencing equipment we
are responsible only for the equipment supplied by JHAV, unless
specifically agreed in advance. Responsibility for contact with other
parties via telephone or ISDN lines or communication over the Internet
rests with the telecommunications provider or Internet Service Provider
and failure to make or maintain a connection in this respect is outside
the control of JHAV, unless specifically agreed in advance.
16. CONFIDENTIALITY
All quotations, contracts, plans and specifications provided by JHAV to
the Customer are confidential and are not to be passed to any third
party for a competitive bid or any other purpose.
17. FORCE MAJEURE
JHAV’s failure to perform any term or condition of this Agreement as a
result of conditions beyond its control such as, but not limited to, war,strikes, fires, floods, acts of God, governmental restrictions, power
failures, or damage or destruction of any network facilities or servers,
shall not be deemed a failure to perform their part of the hire agreement.
18. APPLICABLE LAW
These Conditions shall be governed by the Laws of England and JHAV
and the Customer submit to the jurisdiction of the English Courts.