Terms & Conditions
TERMS & CONDITIONS
HIRE TERMS & CONDITIONS
1.1 Any terms or conditions sought to be imposed by either party
shall not be incorporated into the Contract and shall have no effect unless
agreed to in writing by the other party.
1.2 JEREMYDURRANT.COM agrees to let, and the HIRER agrees to take on the hire of
the Equipment described in the Schedule attached and subject to the Terms and
Conditions set out below.
2.1 The prices for the hire of equipment are set out in the
Schedule. Our terms of payment are 20% non-refundable deposit upon booking, and
full payment 7 days prior to the hire, unless other terms are agreed in writing. The HIRER shall, if required by JeremyDurrant.com,
pay a security deposit at the commencement of the hire period.
2.2 JEREMYDURRANT.COM shall be entitled to make a reservation charge in respect
of Equipment reserved by the HIRER.
3.1 As soon as we have delivered the hire equipment (or it is
collected from our premises), you will be responsible for it and we will not be
liable for any loss or destruction. Therefore, you would need to take necessary
steps to insure the items.
4.1 JEREMYDURRANT.COM may terminate this Agreement forthwith by giving written
notice to the HIRER and re-take possession of the Equipment in the event of:
4.1.1 any material
breach of this Agreement by the HIRER which has not been immediately remedied
(if capable of remedy) following a written demand by JEREMYDURRANT.COM.
4.1.2 if any order is
made, proceedings are commenced or a resolution is passed, for the liquidation
or winding-up of the HIRER.
4.1.3 if a distress or
execution is levied against any property of the HIRER
4.1.4 if a liquidator
or receiver or administrator is appointed in respect of the undertaking or any
property or assets of the HIRER.
4.1.5 if the HIRER
ceases or threatens to cease to carry on its business or is unable to pay its
debts as they fall due or enters in any arrangements with creditors generally.
4.1.6 if JEREMYDURRANT.COM
reasonably believes that its rights in the Equipment are in jeopardy.
4.2 If JEREMYDURRANT.COM has supplied Equipment on negotiated
terms for a Hire period, JEREMYDURRANT.COM shall, unless otherwise agreed, be
entitled to payment of all rentals due up to the end of the agreed hire period
notwithstanding the earlier return of the Equipment to JEREMYDURRANT.COM.
5 Ownership of the Equipment
5.1 Title in the Equipment shall never pass to the HIRER and the
HIRER’S interest in the Equipment shall only be and remain that of HIRER.
5.2 The Equipment shall remain personal moveable property and shall
continue in the ownership of JEREMYDURRANT.COM notwithstanding that the same
may have been affixed to any land or building. The HIRER shall be responsible
for any damage caused to any such land or building by the affixing to or
removal there from of the Equipment (whether the same be effected by JEREMYDURRANT.COM
or the HIRER) and shall indemnify JEREMYDURRANT.COM against any such claim made
in respect of such damage.
HIRER shall agree not to sell, offer for sale, assign, mortgage, charge or
sublet the Equipment or this Agreement or the letting hereunder, nor hold
itself out as the owner of the Equipment and shall not create or allow to be
created, any lien or other encumbrance on the Equipment.
5.4 The HIRER shall affix to and maintain upon the Equipment such
plates or identification marks, as JEREMYDURRANT.COM shall require, showing
that the Equipment is the property of JEREMYDURRANT.COM.
5.5 The HIRER shall not cause or permit the Equipment to be removed
from the HIRER’S possession without the prior written consent of JEREMYDURRANT.COM.
5.6 The HIRER shall assume the entire risk of damage to or loss of
the Equipment or any part thereof. Insurance of the equipment is the
responsibility of the HIRER whilst on hire to the HIRER.
5.7 JEREMYDURRANT.COM or its authorised representatives may enter at all times
during normal business hours, at any premises to inspect the Equipment and,
upon termination, to repossess the Equipment.
HIRER agrees to indemnify and keep indemnified JEREMYDURRANT.COM, against all
liabilities, actions, claims, damages, costs and demands suffered or incurred
by JEREMYDURRANT.COM, as a result of a claim made by a third party arising out
of the state, condition or use of the Equipment or in any way out of its hiring
5.9 On termination of this Agreement for whatever reason, the
HIRER shall immediately return the Equipment or make the same available for
collection by JEREMYDURRANT.COM and shall grant JEREMYDURRANT.COM all necessary
access to repossess the same.
6.1 The HIRER
shall unless otherwise agreed with JEREMYDURRANT.COM, be responsible for the
collection and return of the Equipment from and to JEREMYDURRANT.COM’S
6.2 JEREMYDURRANT.COM will at the request of the HIRER, procure delivery of the
Equipment to the HIRER’S premises or venue, subject to payment by the HIRER of JEREMYDURRANT.COM’S
charges for delivery.
will use all reasonable endeavours to make the Equipment available on the date
required by the HIRER but shall not be liable for any costs or claims arising
as a result of delay.
6.4 JEREMYDURRANT.COM will either repair or replace, in each case at no charge to
the HIRER, any Equipment which is found by JEREMYDURRANT.COM to be defective or
not capable of obtaining any published specification as a result of faulty
design, manufacture or workmanship. The HIRER shall give JEREMYDURRANT.COM
written notice of any claim made hereunder, as soon as reasonably practicable
and in any event within twenty four hours after the alleged defect has come to
the HIRER’S knowledge. It is expressly agreed between the parties that JEREMYDURRANT.COM
may be absolved from all liability under this condition if the Equipment has
been modified in any way by the HIRER or if it has been used for any purpose or
in any manner other than that for which it was designed or if it has in any way
otherwise been misused.
6.5 JEREMYDURRANT.COM does not accept responsibility for any consequential,
indirect or economic loss or damage howsoever arising except to the extent that
the same is attributable to negligence on the part of JEREMYDURRANT.COM or its
7 Payment Terms
7.1 Unless the Agreement provides otherwise, the price for the hire of
equipment shall be payable no later than 7 days ahead of the hire start
date. The time stipulated for payment
shall be of the essence of the Agreement. Failure to pay within the period
specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred
in recovering late payments, and to charge interest at the rate then in force
pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the
7.2 If paying by credit card the HIRER will be required to provide
full card details at the time of order placement. JeremyDurrant.com reserves
the right to check the validity of the credit card by the appropriate
7.3 All invoices shall be paid without deduction. In the event of
an error or query on the invoice, payments shall be made to JEREMYDURRANT.COM
for the whole amount claimed less the amount queried or in error.
7.4 We shall be entitled to charge interest on overdue invoices
from the date when payment becomes due from day to day until the date of
payment at a rate of 1.5% per annum above the base rate of the Bank of England.
8 Conditions of Use
8.1 The HIRER shall ensure that the Equipment is operated in a
skilful and proper manner by persons competent to operate the same and in all
respects in accordance with all instructions and any operations manual provided
by JEREMYDURRANT.COM for the use of the Equipment and shall ensure that such
directions and instructions are fully understood and will be observed by all
persons operating the Equipment.
HIRER shall not make or permit to be made any alterations, modifications or
additions to the Equipment and shall not carry out any repairs or authorise the
carrying out of any repairs to the Equipment by a third party without JEREMYDURRANT.COM’S
prior written consent.
8.3 The HIRER shall take all reasonable proper care of the
Equipment and keep the same in good and serviceable condition (reasonable fair
wear and tear excepted) and shall indemnify JEREMYDURRANT.COM against loss of
or damage to the Equipment howsoever caused and shall give JEREMYDURRANT.COM
immediate notice of any such damage.
9 Right to Cancel
9.1 We will permit you to cancel this Agreement by sending written
notice no later than 7 days after the date on which this Agreement has been
signed. If you request cancellation at a later date, then unless we are in
breach of contract, we have the right to refuse [or] retain all or part of your
deposit as a contribution towards any losses or costs we suffer as a result of
9.2 Upon the termination of this Agreement before the end of the
Hire period, the HIRER shall pay to JEREMYDURRANT.COM on demand the aggregate
9.2.1 all rentals and other sums due or in arrears at the date of
termination under this Agreement.
9.2.2 all costs (including legal costs) incurred as a result of a
breach of this Agreement including repossessing and restoring the Equipment to
its proper condition.
9.2.3 as agreed damages, a sum equal to the aggregate rentals that
would have become due hereunder during the Minimum Period had this Agreement
not been terminated, less a discount for accelerated payment of 3% per annum
compounded on (and at the frequency of) each rental payment outstanding.
9.3 We reserve the right to cancel this Agreement if your location
is outside our service area.
The performance of the equipment
provided by JEREMYDURRANT.COM will be supplied in accordance with
manufacturer’s published performance details or within performance acceptance
11 Force Majeure
11.1 If either party to this Agreement is prevented or delayed in
the performance of any of its respective obligations under this Agreement by
“force majeure”, then such party shall be excused the performance for so long
as such cause of prevention or delay shall continue;
the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause
affecting the performance of this Agreement arising from or attributable to
acts, events, omissions or accidents beyond the reasonable control of such
party and inter alia including, but not limited to the following:
11.2.1 strikes, lockouts or other industrial action;
11.2.2 civil commotion, riot, invasion, war
threat or preparation for war;
11.2.3 fire, explosion, storm, flood,
earthquake, subsidence, epidemic, bad weather or other natural physical
11.2.4. impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
11.2.5 political interference with the
If any part of these terms and
conditions is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of these conditions will
not be affected.
13.1. Except for death or personal injury
caused by our negligent acts or omissions we shall only be liable for any loss
or damage which is a reasonably foreseeable consequence of a breach of this
13.2. You will be responsible for all claims,
liabilities, damages, costs and expenses suffered or incurred by us as a result
of your breach or default in the discharge of your obligations.
13.3. Where we need to carry out work on your
premises (or those hired for the event) and/or install equipment, we will not
accept liability for the cost of repairing or replacing parts of your existing
system (or those of the venue) which occur due to faults in your system unless
we have been negligent in not realising that such damage may occur or in the
way we did the work.
in this Agreement shall exclude or limit JeremyDurrant.com’S
liability for death or personal injury resulting from JeremyDurrant.com’S
negligence or that of its employees, agents or sub-contractors.
14 Governing Law
All Hire of equipment shall be
governed by and interpreted in accordance with the laws of England and the
parties submitted to the jurisdiction of the English Courts, but JEREMYDURRANT.COM
may enforce any such Hire of equipment in any court of competent jurisdiction.
In the event of a dispute or
difference arising from these conditions or the interpretation thereof or
otherwise arising from the Hire of the equipment under these conditions, such
dispute or differences shall be referred to arbitration by a single arbitrator
mutually agreed between the parties or failing such agreement, by an arbitrator
nominated by the President of the Institute of Arbitrators. Any such
arbitration shall be conducted in accordance with the Arbitration Act 1950, and
by application of the law of England.
15 Entire Agreement
15.1. This Agreement contains the entire
agreement between the parties relating to the subject matter and supersedes any
previous agreements, arrangements, undertakings or proposals, oral or written.
15.2. Nothing in this Agreement is intended
to, nor shall it confer any rights on a third party.
15.3. We reserve the right to make minor
changes to this Agreement from time to time. Any major changes will only be
made with your agreement.
16 Customer Services
To protect your own interests
please read the conditions carefully before signing them. If you are uncertain
as to your rights under them or you want any explanation about them please
write or telephone using the address and telephone number set out above.
16.2. If you are unhappy with any aspect of
our service, please contact our office. Any complaints will be dealt with
sympathetically and we will work with you to reach a satisfactory conclusion.
17 Data Protection
You consent to the computer storage and processing of your
personal data by us in connection with this Agreement and to the transmission
of this data across JeremyDurrant.com and its business partners for the
purposes of our legitimate interests including statistical analysis, marketing
of our services and credit control. If you breach this Agreement, your personal
data may be disclosed or passed to third parties to the extent necessary to
assist recovery procedures.