DAR Hire London Terms & Conditions
DAR Hire London 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 DAR Hire London Ltd of an order pursuant to Condition 3. The Contract comprises these Conditions, the Hire Estimate (if one is issued) and the Letter Agreement (if one is issued).
1.1.2. “Equipment” means the equipment described or any individual item thereof.
1.1.3. “Hire Estimate” means, if issued, the document which could set out the schedule of Equipment for hire, the Hire Period and the Hire Charge
1.1.4. “Hire Charge” means the weekly charge payable by the Hirer to DAR Hire London Ltd for the hire of Equipment.
1.1.5. “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 DAR Hire London Ltd.
1.1.6. “Hirer” means the hirer of Equipment from DAR Hire London Ltd.
1.1.7. “DAR Hire London” means DAR Hire London Ltd, company registered in England and Wales with Company Number 14547955 and VAT No. GB 435213915 or any subsidiary company.
1.1.8. “The Site” means the premises or site specified by the Hirer where the Equipment is to be used.
1.1.9.. 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 DAR Hire London 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 DAR Hire London 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 DAR Hire London.
2.3. By acknowledging a hire estimate issued by DAR Hire London the Hirer is agreeing to these Terms and Conditions as amended in accordance with these Conditions.
2.4. Any advice or recommendations given by DAR Hire London or its employees or agents to the Hirer or its employees or agents as to the storage, application, installation or use of the Equipment which is not confirmed in writing by DAR Hire London is followed or acted upon entirely at the Hirer’s own risk and, accordingly, DAR Hire London shall not be liable for any such advice or recommendations which are not so confirmed or the actions of any third party in the storage, application, installation or use of the Equipment unless the Hirer has separately contracted for such services with DAR Hire London directly.
2.5 In the event of and only to the extent of any conflict between these Terms and Conditions and the Hire Estimate then the conflict shall be resolved in accordance with the following order of priority namely the Hire Estimate (if issued) and these Conditions.
3. ORDERS
DAR Hire London 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 DAR Hire London shall constitute the Contract of which these Conditions and Hire Estimate shall form a part. Any terms or conditions in the Hirer’s order or any other documentation of whatsoever kind issued by the Hirer which are inconsistent with these Conditions or any other terms of the Contract shall have no effect whatsoever.
4. HIRE OF EQUIPMENT
4.1. DAR Hire London hereby hires to the Hirer the Equipment for the Hire Period at the Hire Charge.
4.2. DAR Hire London 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 DAR Hire London 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, DAR Hire London reserves the right to change specifications without notice.
4.4. Proof of ID and address will be required for the individual dealing with the transaction in order to proceed with the hire. We only accept any of these utility bills (Electricity, gas, internet, landline, water, council tax) The ID is only required for first time hires.
4.5. Company information will be required as Registration number and VAT number in order to proceed with the hire.
5. HIRE CHARGE
5.1. The Hirer shall pay to DAR Hire London in advance and prior to the event a sum calculated by multiplying the appropriate Hire Charge for the Equipment and the service by the Hire Period for such items of Equipment. All hire charges are strictly nett and are due and payable by debit, credit card or bank transfer on invoice submitted within 2 days and the full amount must be in our account prior to the event. 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 return of the equipment only (i.e. collection Friday: return Monday). DAR Hire London’s normal working hours are Monday to Friday 9am – 6pm. Collection and returning of equipment is by previous appointment only. If this is your first time hiring with us, only the delivery option applies.
5.2. The Hirer shall pay to DAR Hire London any packing and delivery charges where appropriate.
5.3. All sums due from the Hirer to DAR Hire London hereunder shall be increased to include Delivery & Collection at the current rate if is applicable.
5.4. The Hirer shall pay DAR Hire London’s invoices hereunder within 2 days of the date of invoice. Time shall be of the essence in respect of the payment of all sums due hereunder.
5.5. DAR Hire London 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.
5.6 All amounts due under the Contract from the Hirer to DAR Hire London shall be paid in full without any set-off, counterclaim, deduction or withholding whatsoever (other than any deduction or withholding of tax as required by law).
6. DELIVERY & COLLECTION
6.1. Any dates and times quoted for delivery of the Equipment are approximate only and DAR Hire London 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 DAR Hire London and for all costs incurred in connection therewith, and any driver or operator supplied by DAR Hire London 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 DAR Hire London 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 DAR Hire London on demand. If the Hirer fails to notify DAR Hire London and the carrier in accordance with this Condition, or to return the equipment on demand, the Hirer shall pay to DAR Hire London the full cost of repair or replacement of the Equipment or full hire rate until returned.
6.4. Collection and returning of equipment is by previous appointment only. If this is your first time hiring with us, only the delivery option applies. and from the second hire with us the hirer can collect the equipment from our office if they wish, only with previous appointment. For Hirers collecting and returning Equipment, DAR Hire London’s normal working hours are Monday to Friday 9am – 6pm.
6.5. DAR Hire London’s normal hours of delivery are Monday to Friday 9am – 6pm. Outside these hours additional charges may apply.
6.6. DAR Hire London 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 DAR Hire London make any modification or alteration to the Equipment (including but not limited to the removal of any marks that identify the Equipment as being owned by DAR Hire London), or take the Equipment outside of the United Kingdom, or if the Equipment is delivered to a Hirer in a country outside of the United Kingdom, then the Hirer shall not without the prior written consent of DAR Hire London, take the Equipment outside of that country.
7.4 The Hirer shall not, without the prior written consent of DAR Hire London in writing, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of the Equipment.
7.5. The Hirer shall allow DAR Hire London to inspect the Equipment upon request during DAR Hire London’s normal working hours.
7.6. The Hirer shall return all faulty lamps to DAR Hire London. 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 in respect of the individual piece of Equipment that has broken down in such circumstances will be made to the Hirer, any claims to be considered from the time and date of notification in writing 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 DAR Hire London 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 DAR Hire London 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 DAR Hire London 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 DAR Hire London 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 DAR Hire London 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 DAR Hire London and request the insurers to endorse a note of such interest on the policy, naming DAR Hire London as loss payee. The Hirer shall on demand show to DAR Hire London 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 DAR Hire London thereof. The Hirer shall hold any monies received by the same as DAR Hire London directs.
11. HIRER’S INDEMNITIES
11.1. The Hirer shall be solely responsible for and hold DAR Hire London fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by DAR Hire London as a result of any accident involving the Equipment.
11.2. The Hirer shall be solely responsible for and hold DAR Hire London fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by DAR Hire London 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. DAR Hire London’s liability for direct physical damage to tangible property of the Hirer caused by the negligence of DAR Hire London, its employees, agents or sub-contractors, or by breach of any Contract, shall not exceed £5,000 subject to the exclusions set out in Condition 12.2.
12.2. DAR Hire London shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of DAR Hire London: –
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 DAR Hire London 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 DAR Hire London.
13.2. DAR Hire London shall have the right to immediately terminate a Contract by giving notice in writing if: –
13.2.1 the Hirer fails to pay when due any amount due under the Contract; or
13.2.2 the Hirer is in material breach of any of the Terms and Conditions or any other terms of the Contract; or
13.2.3 the Hirer is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or
13.2.4 the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the rights of DAR Hire London over the Equipment may be prejudiced or put in jeopardy
13.2.5 the Hirer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
13.2.6 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Hirer (being a company, limited liability partnership or partnership) other than for the sole purpose of a scheme for a solvent amalgamation of the Hirer with one or more other companies or the solvent reconstruction of the Hirer
13.2.7. suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986; or
13.2.8 any event occurs, or proceeding is taken, with respect to the Hirer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Conditions 13.2.3 to 13.2.7 (inclusive)
14. CONSEQUENCES OF TERMINATION
14.1. Any termination of a Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
14.2. On termination of a Contract (howsoever occasioned) the Hirer shall no longer be in possession of the Equipment with DAR Hire London’s consent and shall unless otherwise agreed with DAR Hire London forthwith return the Equipment to DAR Hire London in good working order.
14.3. Notwithstanding Condition 14.2, DAR Hire London may, without notice and at the Hirer’s expense, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.
14.4. On termination of a Contract (howsoever occasioned), without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to DAR Hire London on demand all Hire Charges due but unpaid and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to Condition 5.5 and any costs and expenses incurred by DAR Hire London in recovering the Equipment and/or in collecting sums due under the Contract (including storage, insurance, repair, transport and legal costs).
14.5. On termination of a Contract pursuant to Condition 13.2, without prejudice to any other rights or remedies of DAR Hire London, the Hirer shall pay to DAR Hire London on demand a sum equal to the whole of the Hire Charges that would (but for the termination) have been payable if the agreement had continued from the date of such demand to the end of the Hire Period, less a discount for accelerated payment of 10% of the sum due.
14.6. The sums payable pursuant to Condition 14.5 shall be agreed compensation for DAR Hire London’s loss and shall be payable in addition to the sums payable pursuant to Condition 14.4.
14.7. DAR Hire London will charge a cancellation fee if the client cancels a hire or production for any reason. 50% of the total fee after confirmation and 100% when cancellation occurs 10 calendar days or less prior to the beginning of the hire or production. DAR Hire London will also charge a 100% fee if potential bookings for the same canceled dates have been lost as a result of holding equipment for the client for a period of 30 calendar days or more.
15. FORCE MAJEURE
Although DAR Hire London 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. REFUNDS
We understand that sometimes things don't go according to plan, so we offer a refund policy for our services. However, we do need to assess your request before we can issue a refund. Depending on what has happened and the type of responsibility we have had, we may not be able to offer you a refund.
To request a refund, please email us to hello@darevents.co.uk within 15 calendar days of the date you hired our services. Be sure to include your name, contact information, and the reason for your request. We will review your request and respond as soon as possible, we might refund just a percentage of the hire depending on what happened. All refunds must be requested in writing by email, using the email above.
Please note that we cannot guarantee a refund. We will consider the following factors when making our decision:
The reason for your request
The severity of the issue
Our level of responsibility if something went out of plan
Whether you have contacted us previously about the issue
Whether you have taken any steps to resolve the issue on your own
If we approve your refund request it can be either a partial or full refund and we will issue a refund to your original payment method within 10-15 business days.
After 15 calendar days of the hire date, we cannot issue any refunds.
If you do not request a refund or if we do not reach an agreement in that 15-day period you will lose your right to a refund.
17. 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.
18. GENERAL
17.1. No neglect, delay or indulgence by DAR Hire London in enforcing a Contract shall prejudice the rights of DAR Hire London 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 DAR Hire London hereunder regardless of any equity, set off or counter-claim on the part of the Hirer against DAR Hire London.
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.