Graham Briggs (The Lighting Man) Conditions of Hire
Graham Briggs (The Lighting Man) CONDITIONS OF HIRE
1. DEFINITIONS
1.1. In these Conditions: -
1.1.1. "Contract"
means a contract for the hire of Equipment concluded
by the acceptance by Graham Briggs of an order
pursuant to Condition 2.
1.1.2. "Equipment"
means the equipment described or any individual
item thereof.
1.1.3. "Hire Charge"
means the weekly charge payable by the Hirer to
Graham Briggs for the hire of Equipment.
1.1.4. "Hire Period"
means a period starting on the date that
Equipment is dispatched to or collected by the Hirer
and ending on the
date on which the Equipment is returned to Graham
Briggs.
1.1.5. "Hirer" means
the hirer of Equipment from Graham Briggs.
1.1.6. "Graham
Briggs" means Graham Briggs ‘The Lighting Man’.
1.1.7. "The
Site" means the premises or site specified by the Hirer
where the Equipment is to be used.
1.2. The headings in these Conditions
are for ease of reference only
and shall not affect their interpretation.
2. GENERAL
2.1. These Terms and Conditions
shall apply to all contracts for the
hire of the Equipment by Graham Briggs to the Hirer to
the exclusion of all
other terms and conditions referred to, offered or
relied on by the Hirer
unless the Hirer specifically states in writing,
separately from such
terms, that it wishes such terms to apply and this has
been
acknowledged by Graham Briggs in writing.
2.2. Any variation to these Terms
and Conditions (including any special
terms and conditions agreed between the parties) shall
be inapplicable
unless agreed in writing by Graham Briggs.
2.3. By accepting the Equipment
at the Site the Hirer is agreeing to
these Terms and Conditions unless otherwise agreed in
writing.
3. ORDERS
Graham Briggs shall only accept an order for hire of
Equipment provided
that it is in writing. Unless otherwise agreed, the
written acceptance of
the Hirer's order by an authorised employee of Graham
Briggs shall
constitute the Contract, which shall be subject to
these Conditions. Any
terms or conditions in the Hirer's order or other
documentation of
whatsoever kind which are inconsistent with these
Conditions shall
have no effect.
4. HIRE OF EQUIPMENT
4.1. Graham Briggs hereby hires
to the Hirer the Equipment for the Hire
Period at the Hire Charge.
4.2. Graham Briggs reserves the
right to supply equipment of a similar
design to the Equipment.
4.3. All descriptions and
specifications, drawings and particulars of
weights and dimensions issued by Graham Briggs 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, Graham Briggs reserves the right to
change specifications
without notice.
5. HIRE CHARGE
5.1. The Hirer shall pay to
Graham Briggs either in advance or on a weekly
basis a sum calculated by multiplying the appropriate
Hire Charge for
the Equipment by the Hire Period for such items of
Equipment. All hire
charges are strictly nett and are due and payable on
invoice submitted
within 28 days. Charges run from day of dispatch until
day of return
and are based on a period of one week or part thereof
irrespective of
whether the goods are in use or not. A period of two
days grace is
normally given on collection and deliveries (i.e.
collection Friday: return
Monday).
5.2. The Hirer shall pay to
Graham Briggs any packing and delivery
charges where appropriate.
5.3. All sums due from the
Hirer to Graham Briggs hereunder shall upon collection else in accordance with
clause 5.4
5.4. The Hirer shall pay Graham
Briggs's invoices hereunder within 28 days
of the date of invoice. Time shall be of the essence
in respect of the
payment of all sums due hereunder.
5.5. Graham Briggs reserves the
right to charge the Hirer interest at the rate
of 3% per annum above the mean base rate for the time
being of the
London Clearing Banks on all invoices which are not
paid in accordance
with Condition 5.4, such interest being calculated
from a date 30 days
after the date of invoice until actual payment
compounded quarterly and
to be payable as well after as before any judgment
obtained in respect
thereof.
6. DELIVERY & COLLECTION
6.1. Any dates and times quoted
for delivery of the Equipment are
approximate only and Graham Briggs shall not be liable
for any delay in
delivery of the Equipment howsoever caused.
6.2. Unless otherwise agreed in
writing, the Hirer is responsible for
loading, transporting and unloading the Equipment at
the Site and on its
return to Graham Briggs and for all costs incurred in
connection therewith,
and any driver or operator supplied by Graham Briggs
shall be deemed to be
under the Hirer's control and shall comply with all
directions of the Hirer.
6.3. The Hirer shall conduct a
reasonable inspection of the Equipment
upon receipt. If such inspection reveals that the
Equipment is damaged,
or that some of the Equipment is damaged, or that some
of the
Equipment has been lost, the Hirer shall notify Graham
Briggs and the carrier
in writing within 3 days of the date of receipt.
Damaged Equipment may
be retained by the Hirer for inspection by the carrier
provided that it shall
be returned to Graham Briggs on demand. If the Hirer
fails to notify White
Light and the carrier in accordance with this
Condition, or to return the
equipment on demand, the Hirer shall pay to Graham
Briggs the full cost of
repair or replacement of the Equipment or full hire
rate until returned.
6.4. For Hirers collecting and
returning Equipment, Graham Briggs's normal
working hours are Monday to Friday 9am - 6pm.
6.5. Graham Briggs’s normal hours
of delivery are Monday to Friday 9am -
5pm. Outside these hours additional charges may apply.
6.6. Graham Briggs reserves the
right to recharge additional costs of delivery
and collection including, but not restricted to,
parking fines, waiting time
and toll charges.
7. USE OF EQUIPMENT
7.1. The Hirer shall ensure that
the Equipment is installed and used by
competent and qualified personnel in a manner which
complies with any
applicable statute, regulation or order from time to
time in force affecting
the Equipment including but not limited to the Health
and Safety at Work
Act 1974 and any statutory amendment or replacement of
it.
7.2. The Hirer shall at its
expense keep the Equipment in good repair,
condition and working order, fair wear and tear
excepted. Without
prejudice to the generality of the foregoing, the
Hirer shall on a very
regular basis and certainly every week:-
7.2.1. Inspect, test and clean
the Equipment;
7.2.2. Check and
maintain wiring to and fixing and rigging of the
equipment.
7.3. The Hirer shall not
without the prior written consent of Graham Briggs
make any modification or alteration to the Equipment,
or take the
Equipment outside mainland Great Britain.
7.4. The Hirer shall allow
Graham Briggs to inspect the Equipment upon
request during Graham Briggs's normal working hours.
7.5. The Hirer shall return all
faulty lamps to Graham Briggs. The
replacement cost of the lamps will be charged to the
Hirer if they are not
returned.
8. BREAKDOWN AND REPAIRS
8.1. Where the breakdown of the
Equipment is caused by fair wear and
tear or by a fault in the Equipment or where stoppage occurs in the
course of carrying out normal repairs, full allowance
for the Hire
charges will be made to the Hirer, any claims to be
considered from
the time and date of notification by the Hirer.
8.2. Where the breakdown of the
Equipment is caused as a result of
the negligence or misuse by the Hirer, the Hirer shall
be responsible
for all loss or damage incurred by Graham Briggs
arising from any
breakdown and for the payment of the hire charges
during the period
the Equipment is inoperable due to such breakdown.
9. OWNERSHIP
The Equipment shall at all times remain the property
of Graham Briggs and
the Hirer shall have no rights to the Equipment other
than as hirer and
the Hirer shall not do or permit or cause to be done
any matter or thing
whereby the rights of Graham Briggs in respect of the
Equipment are or
may be prejudicially affected.
10. LOSS, DAMAGE AND INSURANCE
10.1. In the event of any loss
or damage to the Equipment the Hirer
shall pay for its replacement, or the cost of
restoring it to good working
order, or allow Graham Briggs or its agent to carry
out such work at the
Hirer's expense.
10.2. The Hirer shall during the
Hire Period (without prejudice to the
liability of the Hirer to Graham Briggs pursuant to
Condition 10.1) keep the
Equipment insured for its full replacement value with
a reputable
insurance company against loss or damage from all
risks (including
third party risks). The Hirer shall notify its
insurers that the Equipment
is on hire from Graham Briggs and request the insurers
to endorse a note
of such interest on the policy, naming Graham Briggs
as loss payee. The
Hirer shall on demand show to Graham Briggs the
policy, the premium
receipts and insurance certificate and shall not use
or allow the
Equipment to be used for any purpose not permitted by
the terms and
conditions of the said policy or do or allow to be
done any act or thing
whereby the insurance may be invalidated.
10.3. Where any event or accident
shall occur which is a risk covered
by the Hirer's insurance hereunder, the Hirer shall
immediately notify
Graham Briggs thereof. The Hirer shall hold any monies
received by the
same as Graham Briggs directs.
11. HIRER’S INDEMNITIES
11.1. The Hirer shall be solely
responsible for and hold Graham Briggs
fully indemnified against all claims, demands,
liabilities, losses,
damages, proceedings, costs and expenses which may be
brought
against or incurred by Graham Briggs as a result of
any accident involving
the Equipment.
11.2. The Hirer shall be solely
responsible for and hold Graham Briggs
fully indemnified against all claims, demands,
liabilities, losses,
damages, proceedings, costs and expenses which may be
brought
against or incurred by Graham Briggs as a result of
any breach or default
on the part of the Hirer in the discharge of its
obligations under any
Contract.
12. LIMITATIONS OF LIABILITY
12.1. Graham Briggs's liability
for direct physical damage to tangible
property of the Hirer caused by the negligence of
Graham Briggs, its
employees, agents or sub-contractors, or by breach of
any Contract,
shall not exceed £500,000 subject to the exclusions
set out in
Condition 12.2.
12.2. Graham Briggs shall not be
liable for the following loss or damage
howsoever caused and even if foreseeable by or in
contemplation of
Graham Briggs:-
12.2.1. loss of
profits, business, revenue, goodwill or anticipated
savings whether sustained by The Hirer or any other
person; or
12.2.2. special, indirect or
consequential loss other than direct physical
damage to tangible property of The Hirer or any other
person; or
12.2.3. any loss arising from any
claim made against Graham Briggs by
any other person.
13. TERMINATION
13.1. Where there is no fixed
period of hire, the period of hire may be
terminated by either party giving to the other 7 days'
notice in writing
and the Hirer's obligations under this agreement shall
continue until the
Equipment is returned to Graham Briggs.
13.2. If the Hirer defaults in the
prompt payment of any sum due under
this agreement or is in breach of any of the Terms and
Conditions of this
agreement, or is declared insolvent, or convenes a
meeting of or makes
or proposes to make any arrangement or composition
with its creditors or
if the Hirer shall do or cause to be done or permit or
suffer any act or
thing whereby the rights of Graham Briggs over the
Equipment may be
prejudiced or put in jeopardy, Graham Briggs shall be
entitled to terminate
the hire immediately by notice in writing to the Hirer
and it shall thereupon
be lawful for Graham Briggs to retake possession of
the Equipment and for
that purpose to enter into or upon any premises where
the same may be
and the termination of the hire under this clause
shall not affect the right
of Graham Briggs to recover from the Hirer any monies
due to Graham Briggs
under this agreement or damages for breach thereof.
13.3. Graham Briggs shall have
the right to terminate a Contract forthwith by
giving notice in writing if the Hirer;
13.3.1. fails to make payment of
any sum in accordance with Condition 5;
or
13.3.2. shall commit any other
material breach of its obligations
hereunder and shall not within 14 days of notice of
such breach remedy
the same; or
13.3.3. shall enter
into liquidation whether compulsorily or voluntarily
otherwise than for the purpose of amalgamation or
reconstruction without
insolvency or shall compound or make any arrangement
with its creditors
or shall be the subject of an application for an
administration order or
shall be subject of any proposal under Part 1 of the
Insolvency Act 1996
for a composition in satisfaction of its debts.
14. CONSEQUENCES OF TERMINATION
14.1. Any termination of a
Contract (howsoever occasioned) shall not
affect any accrued rights or liabilities of either
party.
14.2. On termination of a
Contract (howsoever occasioned) the Hirer
shall no longer be in possession of the Equipment with
Graham Briggs's
consent and shall unless otherwise agreed with Graham
Briggs forthwith
return the Equipment to Graham Briggs in good working
order.
15. FORCE MAJEURE
Although Graham Briggs shall use all reasonable
endeavours to discharge its
obligations under a Contract in a prompt and efficient
manner, it does not
accept responsibility for any failure or delay caused
by circumstances
beyond its control.
16. SEVERANCE
If any term or provision of these Terms and Conditions
is held invalid,
illegal or unenforceable for any reason by any court
of competent
jurisdiction such provision shall be severed and the
remainder of the
provisions hereof shall continue in full force and
effect as if these Terms
and Conditions had been agreed with the invalid,
illegal or unenforceable
provision eliminated.
17. GENERAL
17.1. No neglect, delay or
indulgence by Graham Briggs in enforcing a
Contract shall prejudice the rights of Graham Briggs
or be construed as a
waiver.
17.2. The Hirer hereby waives all
and any future claims and rights of set
off against any sums due to Graham Briggs hereunder
regardless of any
equity, set off or counter-claim on the part of the
Hirer against White
Light.
17.3. Any notice hereunder shall
be in writing and may be served by
sending it by pre-paid first class letter post or
delivery (if in the case of a
limited company) to the address stated herein, and in
any other case, to
the last known address of the addressee. In proving
service of any notice
it shall be sufficient to prove that the envelope
containing the notice was
properly addressed, stamped and posted. Service shall
be deemed to be
effective at noon of the second business day following
the day of posting
and any notice delivered to an address by hand shall
be deemed to be
effective from the date of such delivery.
17.4. The Hirer shall not assign
or otherwise transfer all or any part of a
Contract.
17.5. The formation, construction
and performance of all Contracts shall
be governed in all respect by English law. The parties
hereby agree to
submit to the exclusive jurisdiction of the English Courts.