stuntequipmentforhire Conditions of Hire and Sale

1. stuntequipmentforhire General

  1. Definitions
    The Contract is for the hire of items and accessories ("Equipment") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
    1. the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
    2. Marc Cass Limited (Registered No. 4736260) with registered offices at 1 Poplars End, Park Road, Toddington, Bedfordshire LU5 6HQ. ("stuntequipmentforhire ").

Any condition deemed invalid will not affect other conditions.

  1. Extent of Contract and Cancellation
    The Contract is not assignable and is effective when stuntequipmentforhire accepts the Hirer's detailed order. stuntequipmentforhire reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
  2. Termination
    stuntequipmentforhire may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
  3. Ownership of Equipment and Goods
    Equipment hired remains the property of stuntequipmentforhire at all times. Ownership of Goods purchased transfers only when full payment is received by stuntequipmentforhire.
  4. stuntequipmentforhire One Call Conditions
    When stuntequipmentforhire acts as managing agent for the sourcing of Equipment specific conditions may apply. The Hirer will be advised prior to Contract commencement and those conditions will apply concurrently with these conditions.

2. stuntequipmentforhire Hire Charges

  1. Basis of charging
    The stated hire charges in the Contract are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current HSS catalogue price list from time to time.
  2. Transport charges
    Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
  3. Deposits
    Deposits are set by stuntequipmentforhire at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to stuntequipmentforhire of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
  4. Cleaning and damage repair
    The Hirer will pay for required cleaning, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
  5. Loss of Equipment
    stuntequipmentforhire will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.

3. stuntequipmentforhire Payment Terms

  1. Payment Terms
    If stuntequipmentforhire has granted a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds within 7 business days following the date of the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer's order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until stuntequipmentforhire has received cleared funds or cash.
  2. Invoice Queries
    The Hirer should notify stuntequipmentforhire of any queries concerning invoices in writing within 7 days of the invoice date. stuntequipmentforhire will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
  3. Overdue Accounts
    Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by stuntequipmentforhire in the recovery of amounts due, Equipment and/or Goods. In addition stuntequipmentforhire may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 10% and/or may suspend further services to the Hirer.
  4. Credit Limits
    Where stuntequipmentforhire has granted a credit account to the Hirer, stuntequipmentforhire may set a reasonable credit limit. stuntequipmentforhire reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.

 

4. stuntequipmentforhire Damage Waiver Option

  1. Damage Waiver
    The 'Damage Waiver' charge, at 10% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under 'Damage Waiver' stuntequipmentforhire will waive any further charge for rectifying accidentally damaged returned Equipment. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for Equipment loss or theft. 'Damage Waiver' may be limited under stuntequipmentforhire One Call Contracts and 'Damage Waiver' may be invalidated where condition 5(g) is not adhered to.
    1. Damage Waiver Plus
      If the Hirer contracts to pay, at 15% of the hire charge, the 'Damage Waiver Plus' charge (where available as an option) stuntequipmentforhire will waive any further charges for rectifying accidentally damaged returned Equipment. 'Damage Waiver Plus' may be invalidated where condition 5(g) is not adhered to.
    2. Loss penalty charges will be applied under the following circumstances:
      1. Theft of consumable 'resale' Goods.
      2. Loss due to the dishonesty of any Hirer's employee.
      3. Theft from a vehicle where the Equipment was left visible and unattended.
      4. Loss of Equipment revealed only when an inventory is made.
      5. Loss arising from civil disturbance.
      6. Loss occurring outside the UK and Eire.
    3. Limit of Claim - 'Damage Waiver Plus' does not protect the Hirer for:
      1. The first £500 (or 35% whichever is the greater amount) of any Equipment loss claim.
      2. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.

5. Hirer's Responsibilities

  1. Inspection and receipt of Equipment and Goods
    The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to stuntequipmentforhire immediately by telephone.
  2. Delivery/collection of Equipment and Goods
    The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk.
  3. Security of Equipment
    The Hirer accepts responsibility for Equipment security until its collection by or return to stuntequipmentforhire and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
  4. Safe use of Equipment and breakdown procedure
    The Hirer is responsible for the safe and correct operation of Equipment by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify stuntequipmentforhire of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non- stuntequipmentforhire Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
  5. Return or collection of Equipment
    The Hirer may arrange for the return or collection of Equipment with stuntequipmentforhire during normal business hours unless otherwise agreed. The Hirer will remain liable for ongoing hire charges until such Equipment has been returned. When the Hirer requests collection of Equipment the Hirer will remain responsible for the Equipment, and in particular its security, until actual collection.
  6. Lost or stolen Equipment
    Except where the Hirer opts for 'Damage Waiver Plus' (where available as an option) under condition 4(b) the Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to stuntequipmentforhire any insurance claim proceeds. This liability is without prejudice to any stuntequipmentforhire rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of stuntequipmentforhire.

6. stuntequipmentforhire's Responsibilities

  1. Hire rates
    stuntequipmentforhire will maintain the agreed hire rates for the duration of the Contract.
  2. Safety and operating instructions
    stuntequipmentforhire will not provide instruction for the safe and correct operation of Equipment. The use of the Equipment is in entirely at the risk of the Hirer and stuntequipmentforhire accepts no responsibility for any accidents or injuries caused whilst using our equipment.
  3. Testing and inspection of Equipment
    stuntequipmentforhire will inspect Equipment and test where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes stuntequipmentforhire will substitute items of similar specification. Although testing and inspecting of equipment may be carried out, stuntequipmentforhire accepts no responsibility for any accidents or injuries caused whilst using our equipment.
  4. Delivery and collection
    Following the Hirer’s request, stuntequipmentforhire will endeavour to deliver or collect Equipment during the next business day, wherever possible.
  5. Limitation of liability
    The liability of stuntequipmentforhire 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, unsuitability, breakdown, stoppage or lawful repossession.