Terms & Conditions

Absolute Audio Visual Solutions Ltd Terms and Conditions of Business.Hire of Equipment and Services

  1. In these conditions the following words and expressions shall have the same meaning unless the context otherwise appears.

    2. (i)   “These Conditions” Means the conditions of sale herein contained.

    (ii)   “The Company" Means Absolute Audio Visual Solutions Ltd.

    (iii)   “The Hirer" Means the person, firm or company who or which has agreed to hire the equipment from the Company.

    (iv)    “The Equipment" Means the equipment specified, together with the accessories (if any), andflight cases specified and any part or parts of the same.

    (v)     “The Technician(s)" Means the employee(s) agent(s) or Subcontractor(s) of the Company (ifany) supplied with the Equipment in order to operate the same, the number of which (if any) shall be specified.

    (vi)    “The Agreement” Means the agreement between the Company and the Hirer for the Hire of the Equipment.

  2. The agreement is subject to these conditions which supersede all previous communications,representations and agreements, written or oral, and no additions and alterations to these conditions shall be binding on the Company unless agreed to in writing and signed by a duly authorised officer or employee or agent of the Company.   Any terms and conditions proposed by the Hirer shall only apply if the same have been agreed by or on behalf of the Company in accordance with provisions of this paragraph and in the case of any conflict between such terms and conditions the latter shall prevail.
  3. The Company will endeavour to ensure that the equipment is in good order and condition and sound at the time of delivery to or collection by the Hirer but it shall be the responsibility of the Hirer to ensure that the Equipment is fully suitable for the purpose which it is hired. The Equipment will be examined and checked by the Hirer upon delivery, and before being taken into use, if found to be defective or deficient it will be replaced or the defects or deficiencies corrected by the Company without any additional charge, but the Company will in no circumstances be liable for any loss or damage whatsoever of any kind however caused arising out of or in connection with the use of or the inability to use the Equipment. The Hirer shall use or Cause to be used the Equipment in a skilful and proper manner and shall, at his own expense, keep the Equipment in good and substantial repair and condition (except for fair wear and tear) and shall take all necessary precautions to ensure its safety and security. The Hirer will not open the outer case of the Equipment (if any) or of any item or part thereof. Not interfere in any way with the Equipment or the mechanism thereof or any nameplates or signs or serial numbers hereon and will not expose the Equipment to the elements (particularly to salt water and spray) andwill keep the Equipment protected in all respects. Unless the same shall have been caused by thewilful default or wilful misconduct of the Technicians any loss or damage to the Equipment including loss or damage caused by non Familiarisation or misuse of the same, is the sole responsibility of the Hirer who will be charged with the cost of repair or the full replacement value of the Equipment as the case may be.  The Hirer must not repair or attempt to repair or request a third part to repair or attempt to repair the Equipment.
  4. Any order or instruction required to be given to the Company by the Hirer shall be given by him or his duly authorised agent in writing.   If given orally it shall be confirmed in writing to the Company within three days.   The company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer which is not received by the Company in writing or so confirmed.   The Hirer shall be solely responsible for any statement, representation, order, instruction, guidance or advice made or given by the Hirer to any Technician.
  5. The Equipment shall be delivered and collected at such time and place as shall be mutuallyagreed between the Company and the Hirer.   If delivered to the Hirer the signature of anyperson purporting to be any employee of the Hirer shall be sufficient evidence of delivery.   TheCompany shall endeavour to the best of its ability to comply with any time schedules but willaccept no liability for non delivery of Equipment or non arrival of Technicians by a specific time ordate or within a specified time from receipt of order.   The Company shall not be liable for delaysdue to unforeseen circumstances or causes beyond its control including but not limited to acts ofnature, government, labour disputes and delays in transport.
  6. Unless other wise agreed in writing between the Company and the Hirer, it shall be theresponsibility of the Hirer to return the Equipment to the Company on termination of the hire.   Ifthe Company agrees to collect the Equipment on completion of the hire the Hirer shall remainresponsible for the safety protection repair and condition (subject as aforesaid) of the Equipmentuntil it is in the possession of the Company.
  7. During the continuance of the Agreement the Hirer shall pay to the Company by way of rent forthe hire of the Equipment and the Technicians, the Company’s hire charges as shown in theCompany’s current hire catalogue, or such other hire charges as may have been agreed in writingbetween the Company and the Hirer.   To  avoid any doubt the Hirer shall be liable for paymentof hire charges as from the time for which the Equipment is ordered (which shall be thecommencement of the hire period) until either (i)  the time of its return to the Company or (ii) if the Equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such casethe time of its replacement or repair and the Company undertakes to replace or repair the sameas soon as reasonably possible.  A 24 hour period or part constitutes one days hire.
  8. Equipment must not be used on any abnormal or hazardous assignment, taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by any airlinerecognised by I.A.T.A. without the previous consent of the Company.  The obtaining of allcustoms clearance licenses and permits as shall be necessary to take the Equipment out of theUnited Kingdom is the sole responsibility of the Hirer. If any equipment taken out of the UnitedKingdom is lost or damaged or breaks down and the company agrees to replace the same orsimilar, the Company’s liability shall only extend to delivery of any replacement at an address inthe United Kingdom if originally delivered   If the Hirer collects, the Company’s liability shall onlyextend to the collection address.
  9. The Hirer shall pay all delivery charges in addition to the hire charge.
  10. The Hirer shall pay Value Added Tax at the current rate from time to time on and in addition to allcharges due to be paid by the hirer to the Company under the terms of the agreement.
  11. In the event of a cancellation of an order by the Hirer the Company reserves the right to make acancellation charge without prejudice to any right or remedy available.
  12. All other charges are net and unless otherwise agreed between the Company and the Hirer shallbe due and payable within 30 days of the invoice date.   If any hire charge or other sum due tothe Company shall not be paid by the Hirer on the date when the same shall be due and payablethe Hirer shall be liable to pay interest upon such hire charge or other sum at the rate of 5% perannum above the base rate of National Westminster Bank from time to time during the period inwhich interest is payable from the due date until the actual date of payment.
  13. The Equipment remains at all times the property of the Company and the Hirer shall have noright title or interest therein save that of a hirer thereof under these Conditions.   The Hirer shallnot sell or offer for sale assign mortgage pledge under-let lend or otherwise deal with theEquipment or any part or parts thereof or deal with the Hirer’s interest under these Conditionswhich interest is personal to the Hirer and the Hirer will keep the Equipment in his ownpossession for his own use and will not allow any alien or other encumbrance to be created inrespect of the same.
  14. The amount of the deposit (if any) specified shall be returned to the Hirer without interest whenthe equipment has been returned to the Company and all charges and other monies due to theCompany under the terms of the Agreement have been paid.
  15. The Agreement may be determined by the Company forthwith, by written notice given by theCompany to the Hirer, to that effect on the happening of any of the following events:-  namely ifthe Hirer fails to pay any charges hereunder within seven days of the same having become due(whether demanded or not), or fails to observe or perform any other of these Conditions, or ifthe Hirer commits any act of bankruptcy, or being a company goes into liquidation, or has a Receiver appointed in respect of the whole or any part of its undertaking or assets, or is subjectto a Receiving Order, or makes any arrangement with or assignment for the benefit of the Hirer’screditors, or if distress is levied or threatened on any of the Hirer’s property, or if the Hirerabandons the Equipment.
  16. The termination of the Agreement and the hire thereby created for any reason whatsoever shallnot affect any other right or remedy of the Company against the Hirer, without prejudice, to thegenerality thereof shall not affect the right of the Company to recover from the Hirer any hirecharges and other monies due to the Company at the date of such determination, and shall notaffect the Company’s right to recover damages from the Hirer in respect of any breach of theseConditions.
  17. The rights of the Company under the agreement shall not be affected at any time, by any time orother indulgence granted by the Company to the Hirer.
  18. The Company shall not in any circumstances be liable to the Hirer or any third party for anyclaims in respect of loss of profits special damage or any consequential loss whatsoever or beunder any liability for or in respect of loss or damage to persons or property howsoever causedwhether arising directly or indirectly from the hire or use of the Equipment by the Hirer.
  19. The Company reserves the right to subcontract all or any part of the Hirer’s order and to assignor otherwise deal in any way whatsoever with the Company’s interest in the Equipment and inthe Agreement.
  20. The Hirer is advised not to use any original materials on in or in connection with the use of theEquipment and the Company cannot accept any responsibility in connection with any loss ordamage to or in respect of the same.
  21. Insurance (i) The Hirer undertakes to Insure all hired Equipment supplied by the Company at its fullreplacement value against physical loss or damage from the time it leaves the Company’spremises until it is returned to the Company’s premises, or from the time it is delivered to thetime it is collected from the Hirer by the Company or the Technician. Where the hirer effectsinsurance the Hirer shall ensure the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require.   Particulars of replacement values will be supplied by the Company on request.Any insurance arranged by the Hirer shall be in terms not less favourable than the terms of theCompany’s Insurance. (ii) In the event of any loss, theft or damage the Hirer must notify the Company as soon as possible within a period of 24hours.   In the case of theft or loss the Police must be informed at the first opportunity.