Any hire of IA SOUND AND LIGHT equipment/service will be subject to the following terms and conditions. By placing an order the customer is agreeing to abide by these Terms and Conditions.
1. General - a. 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: i.the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer"). ii. IA SOUND AND LIGHT with offices at Unit 8, Highlands Farm, Swanley, Kent, BR8 7NA. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights. b. Extent of Contract and Cancellation - The Contract is not assignable and is effective when IA SOUND AND LIGHT accepts the Hirer's detailed order. Asking IA SOUND AND LIGHT to book in or reserve equipment/services for you constitutes a booking and order. Making a payment also constitutes a booking or order. IA SOUND AND LIGHT reserves the right to charge for cancellation. Orders cancelled within 7 days are not refundable. Orders cancelled 7-30 days in advance will receive a 50% refund. Orders cancelled more than 30 days in advance are eligible for a 75% refund. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months unless otherwise confirmed as a written agreement between IA SOUND AND LIGHT and the Hirer. Termination – IA SOUND AND LIGHT 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. c. Ownership of Equipment and Goods - Equipment hired remains the property of IA SOUND AND LIGHT at all times. Ownership of Goods purchased transfers only when full payment is received and a Sales Invoice is issued by IA SOUND AND LIGHT. Without a Sale Invoice and payment the equipment and goods will still be property of IA SOUND AND LIGHT. 2. Hire Charges - a. 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, charges or fees are based on the current IA SOUND AND LIGHT catalogue/website price list. i. Day Hire – equipment must be returned within 24 hours of collection or receiving said equipment. If items are on a day hire and are being sent by courier IA SOUND AND LIGHT will usually send the items the day before and arrange collection the day after so that the Hirer has a whole 24 hours of use available to them. ii. Week Hire – equipment must be returned by the end of the 7th day of hire. Week hire totals 168 hours hire and the equipment must be returned before this time expires. iii. Month Hire – IA SOUND AND LIGHT does not offer monthly hire rates as standard but these can be negotiated by contacting the IA SOUND AND LIGHT office. iv. Sales – Hire equipment will not be sold, however items and accessories are sold, such as fluid for Smoke Machines and other similar equipment. These additional items can be added to an invoice but will not be expected to be returned. b. 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. If items are sent by courier then this cost is also chargeable. If a courier attempts collection and the collection fails there will be a charge of £8+vat to rebook the collection for another day. This is chargeable for every time the package is rebooked. c. Deposits - Deposits are charged at IA SOUND AND LIGHT’s discretion. Deposits are set by IA SOUND AND LIGHT 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 IA SOUND AND LIGHT of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days. Deposits will not be returnable for any cancelled bookings, jobs or orders. d. Cleaning and damage repair – All items should be returned in the condition and manner that they were given to the hirer (e.g. cables and festoons coiled and taped, bulbs in transit boxes etc.) If items are returned tangled or uncoiled an additional charge will be made for the labour cost of our team to get them back in order. The Hirer will pay for required cleaning to return the hire equipment back to its original condition that it was in when originally hired. Any breakages or damages must be paid for by the hirer. e. Loss of Equipment - IA SOUND AND LIGHT will treat Equipment unavailable or inaccessible for inspection after reasonable notice as lost and except where appropriate conditions. The Hirer will then be charged for a replacement item. The Hirer will also be charged for any loss of work incurred during the time they have been in possession of the equipment after their agreement has expired. If items are missing or unreturned for more than 5 days they will be deemed as lost and replacements will then be chargeable f. Debt Collection and Court Fee – IA SOUND AND LIGHT will use a debt collecting agency to obtain costs for replacement equipment after a reasonable period (1 month) when the contract has been broken. If for any circumstances a court case is started then the Hirer will be liable for the fees due to breach of contract. 3. Payment - a. Payment Terms - If IA SOUND AND LIGHT 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 by the end of the month 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 IA SOUND AND LIGHT has received cleared funds or cash. Initial payment can be deemed as “Pre-Authorisation” whereby IA SOUND AND LIGHT can retain payment details until the end of the hire period to cover any damages or breakages, customers will be notified of the damage and charges before any payment is taken. b. Invoice Queries - The Hirer should notify IA SOUND AND LIGHT of any queries concerning invoices in writing within 14 days of the invoice date. IA SOUND AND LIGHT 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. c. 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 IA SOUND AND LIGHT in the recovery of amounts due, Equipment and/or Goods. In addition IA SOUND AND LIGHT may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer. d. Credit Limits - Where IA SOUND AND LIGHT has granted a credit account to the Hirer, IA SOUND AND LIGHT may set a reasonable credit limit. IA SOUND AND LIGHT 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. 5. Hirer's Responsibilities - a. 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 IA SOUND AND LIGHT immediately by telephone. b. 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. c. Security of Equipment - The Hirer accepts responsibility for Equipment security until its collection by or return to IA SOUND AND LIGHT and undertakes not to sell or relinquish possession, alter, repair or modify it in any way. d. 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. (IA can provide instructions and tutorials on how to operate the equipment before use. If required please ask.) The Hirer will immediately notify IA SOUND AND LIGHT by telephone, leaving a voicemail if there is no answer, of any Equipment breakdown or shortcoming without attempt at repair. If for any reason the phone line is not working then an email should be sent at the time of breakdown to email@example.com. If IA SOUND AND LIGHT are not alerted at the time of the breakdown then no reductions or discounts can be offered after the time has passed. The Hirer will ensure any non-IA SOUND AND LIGHT Equipment used in conjunction with or attached to Equipment also conforms to safety requirements. The equipment is the Hirer’s responsibility from the following times: a. Collection from Swanley – as soon as the equipment has left the IA SOUND AND LIGHT premises it is the Hirer’s responsibility until it returns to our premises. The hirer will be responsible for all equipment hired until IA Sound and Light have signed a returns document confirming that the goods have been received back. b. Delivery and Collection by Driver – when IA SOUND AND LIGHT’s driver has unloaded the equipment and it has been checked and signed for by the Hirer it becomes their responsibility until either returned to the IA SOUND AND LIGHT premises or a driver signs back responsibility to him/herself upon collecting the items. c. Courier – the equipment is the Hirer’s responsibility from when it arrives at the destination by Courier. It is then the Hirer’s responsibility to check the equipment and alert IA SOUND AND LIGHT immediately of any broken or damaged goods. “Courier Damage” will not be an acceptable reason for broken or damaged equipment if IA SOUND AND LIGHT are not informed immediately of the damage when the package(s) arrive. It is also the Hirer’s responsibility to make sure that the equipment is adequately packaged upon return by Courier with all of the parts included and packed in the same way they were when originally sent. Orders by courier will be sent on the correct service to arrive to you on time as advertised by the courier company – usually a next day service. Once a package has been collected from IA SOUND AND LIGHT and is out for delivery it is no longer in IA SOUND AND LIGHT’S control. If for any reason your package does not arrive in time please take this issue up with the courier company rather than IA SOUND AND LIGHT. Wherever IA SOUND AND LIGHT can provide proof of a courier booking there shall be no liability for items that do not arrive in time. This must be taken up with the relevant courier firm. IA SOUND AND LIGHT will provide a tracking number(s) when possible to help with your enquiry with the courier company. e. Late return or collection of Equipment - The Hirer may arrange for the return or collection of Equipment with any IA SOUND AND LIGHT outlet during normal business hours and when Equipment has been returned or collected IA SOUND AND LIGHT can issue a copy of the return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When IA SOUND AND LIGHT have been asked to collect the Hirer will remain responsible for the Equipment, and in particular its security, until actual collection. i. Late Return Fees – The Hirer will be charged for any additional days that they are in possession of IA SOUND AND LIGHT equipment without prior agreement. Ii. Courier rebooking – IA SOUND AND LIGHT reserve the right to charge an additional cost for rebooking collections to get hire equipment returned if the items have not been picked up by the courier company due to unavailability, incorrect paperwork or courier labels with the packages. iii. Late Returns can be arranged but have to be in writing and confirmed and accepted by IA SOUND AND LIGHT. If IA SOUND AND LIGHT have not confirmed acceptance of the late return then the charges will apply. If IA SOUND AND LIGHT have been made aware and arrangements have been made for the safe return of the equipment and IA SOUND AND LIGHT have agreed to the late return then IA SOUND AND LIGHT have the option to waive or reduce the late return fee at IA SOUND AND LIGHT’s discretion. f. Lost or stolen Equipment – 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 IA SOUND AND LIGHT any insurance claim proceeds. This liability is without prejudice to any IA SOUND AND LIGHT rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of IA SOUND AND LIGHT. 6. IA SOUND AND LIGHT' Responsibilities - a. Hire rates - IA SOUND AND LIGHT will maintain the agreed hire rates for the duration of the Contract. b. Safety and operating instructions - IA SOUND AND LIGHT will be happy to provide instructions where available, or show the Hirer how to operate the equipment with a personal demonstration or video on IA SOUND AND LIGHT’s Youtube Channel. c. Testing and inspection of Equipment - IA SOUND AND LIGHT will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements. d. Delivery and collection - Following the Hirer’s request, IA SOUND AND LIGHT will endeavour to deliver or collect Equipment at a convenient time to both parties, wherever possible. e. Returned Goods - IA SOUND AND LIGHT will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment such as fluid. f. Limitation of liability - The liability of IA SOUND AND LIGHT 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. Items will be sent in enough time to reach based on the courier’s service offered. If the courier fails to do their job correctly then IA SOUND AND LIGHT cannot be held responsible as they are an external company and do not represent IA SOUND AND LIGHT in any way. . g. Substitute products – If for any reason the ordered items are unavailable IA Sound and Light reserve the right to send an upgrade or closest possible substitute in its place. h. Notice period - Booking must be confirmed and paid at least 3 days in advance before dispatch to allow adequate time for picking, testing and courier transportation as IA SOUND AND LIGHT will usually attempt to dispatch a day early to allow for any courier delays or missed deliveries if a receiver is not available to accept the package(s). This extra day allows IA SOUND AND LIGHT the opportunity to attempt to track the package and arrange a re-delivery if the package does not arrive on the scheduled date. If orders are confirmed and paid with less than 3 days before the dispatch then IA SOUND AND LIGHT cannot be held responsible if the items do not arrive in time. Late orders are at the customers own risk.