Rental Agreement Terms and Conditions
In the terms and conditions of this rental agreement the followingdefinitions shall apply:
- “BS” shall mean Broadcast Services Ltd.
- “The Client” shall mean the person(s), firm or company Renting the equipment.
- “The equipment” shall mean the equipment specified on the Rental agreement overleaf.
- This rental agreement is subject to the terms and conditions set out below and supersedes all previous written or oral agreement or contracts. Any additional contract clause shall only apply if previously agreed in writing by BS.
- All oral communications between BS & the client shall be confirmed in writing within 2 days. BS shall not be liable for the consequences of any inaccuracies or misunderstandings caused by the client failing to confirm his order in writing or the correspondence being lost in the post.
- The equipment shall be delivered & collected at a time and place mutually agreed between BS and the client. BS will endeavour to comply with any delivery schedules but will accept no liability for failing to do so in circumstances beyond its control. When the equipment is delivered to or collected by the Client, the Client or his representative shall sign the Agreement presented by BS and in doing so shall accept that the equipment has been delivered in good working order and as specified in the Agreement.
- BS will endeavour to ensure that the equipment rented to the Client is in good working order and condition at the time of delivery to or collection by the Client. It is the responsibility of the Client to ensure that the equipment is suitable for the purpose for which it is rented. The Client shall ensure that the equipment is operated in a professional and safe manner and is required to store and operate it in a secure and suitable place.
- The Client will not open the outer case or remove any circuit board, label, sign or serial number etc of the equipment - all repairs and servicing must be made by BS. The Client is responsible for any damage to the equipment caused by carelessness, misuse or incompetence.
- Unless otherwise agreed in writing between BS and the Client, it shall be the responsibility of the Client to return the equipment to BS on termination of the rental. If BS agrees to collect the equipment on termination of the rental, the Client shall remain fully responsible for the safety, protection, and condition of the equipment until it is in the possession of BS.
- The equipment shall not be taken outside the boundaries of England, Scotland or Wales unless authorised to do so in writing by BS.
- During this rental Agreement the Client shall pay BS rental fees as outlined and agreed on the rental agreement overleaf. The Client shall be liable for payment of rental charges as from the commencement of the rental period until a time not less than 24-hours later. In this agreement a 24-hour period or part constitutes 1 day's rental.
- Should delivery charges apply they will be specified on the rental agreement.
- All rental or other charges will be calculated on a weekly basis and unless previously agreed in writing will be payable within 30 days from the date of issue of the invoice. Any amount outstanding after 30 days will attract interest at the rate of 8 percent plus the Bank of England base rate until the full amount has been paid. Such an interest charge will be invoiced at the end of each month.
- BS reserve the right to charge a cancellation fee not exceeding the full rental charge of the agreement.
- The Client shall pay VAT on the full invoice value.
- The equipment remains at all times the property of BS and the Client shall have no right, title or interest in it except that granted by BS under the terms of this agreement. The Client shall not sell, offer for sale, assign, mortgage, pledge, underlet, lend, hire, rent or otherwise deal with the equipment in part or full. The Client shall keep the equipment in his own possession for his own use.
- The amount of deposit (if any) specified in the hire agreement shall be deducted from the invoice when the equipment has been returned to BS undamaged and in full working order.
BS will terminate the agreement by written notice and reserve the right not to enter into further agreements under the following circumstances:
- The Client fails to pay any charges later than 30 days from the invoice date.
- The Client fails to observe any of the conditions contained in this agreement.
- The Client declares himself Bankrupt or goes into liquidation or has a Receiver appointed or is subject to a Receiving Order.
- The termination of the rental agreement for any reason whatsoever shall not affect the right of BS to recover any rental charge or moneys or damages from the Client.
- Any changes made to the hire agreement specified overleaf shall not affect the rights of BS under the terms and conditions of this agreement.
- BS shall not in any circumstances be liable to the Client or any third party for any claims in respect of loss of profits, special damages or any consequential loss whatsoever, or be under any liability for loss or damage to persons or property howsoever caused whether arising directly or indirectly from the rental or use of the equipment by the Client.
- BS reserve the right to subcontract all or any part of the Client's order and to assign or otherwise deal with in any way whatsoever the interest of BS in the equipment and in the agreement.
- The Client uses original or unique material in connection with the equipment at his entire risk. BS will not under any circumstances accept any responsibility for any loss or damage to this material.
- The Client must either hold a current insurance policy to cover all risks associated with the hire of the equipment or request BS to extend their policy to provide insurance cover for the duration of the hire. Details of the Clients policy must be disclosed when an account is opened, and a copy of the certificate provided. This clause does not apply to clients who opened their accounts before 1st May 2013 where insurance was offered free of charge.
However, in all cases, if the client does have his own policy it will always take priority in the event of a claim.
A client’s account will lapse after 1 year in the event of non-use and a new account which will not include free insurance must be opened. BS May upon request provide clients with insurance facilities. In this case a charge of 10% of the value of the hire will be made. A £250 excess will apply to all claims. Where a client requests and is offered insurance, the conditions relating to this will be provided.
- All invoices, notices, demands or any communication from BS to the Client shall be regarded as having been properly delivered to the Client if posted by first class post to or left at the address of the Client stated on this agreement and shall be regarded as having been delivered the day after despatch.
- If the Client defaults in payment of any sum or sums payable to BS under the Rental Agreement for a period of more than 90 days from the invoice date the Directors of the Company will upon written request by BS pay such sum or sums as may be outstanding under the Rental Agreement.
- In the event of there being more than one signatory this guarantee and our obligations and liabilities shall be construed and have effect as joint and several obligations and liabilities.