Terms and Conditions of Use, Hire and Services
The ‘Customer’ is the company, organisation or individual hiring the equipment from Linear Productions.
‘Contract’ is the contract for hire of equipment or services by the Customer from Linear Productions, incorporating these terms and conditions.
‘Equipment’ is the equipment covered under the Contract or any portion thereof.
‘Hire Period’ is the period commencing on the date of collection or dispatch of the Equipment from Linear Production’s premises and ending on the date of return of the Equipment to Linear Production’s premises.
‘Hire Charge’ is the weekly charge payable by the Customer to Linear Productions based on the unit price as advised to the Customer.
‘Hire Location’ is the location (or locations in case of a touring production), wholly within England and Wales as detailed in the Hire Contract, at which the Customer shall use the Equipment.
‘In Writing’ is written correspondence via written word, email, SMS, or any other forms of communication deemed acceptable by Linear Productions.
Any request for hire of Equipment shall be made in writing by a Customer but no contract shall be entered into between Linear Productions and the Customer until Linear Productions has accepted and acknowledged in writing the Customer’s request for hire. Any contract shall be subject to these terms and conditions which shall prevail over any other terms and conditions. The Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales and shall be governed and construed under English law.
3. HIRE TERMS:
Linear Productions hereby hires to the Customer the Equipment, for use in the Hire Location, for the Hire Period, at the Hire Charge. Specifications, particulars, descriptions and drawings issued by Linear Productions should be considered as approximations to present a general impression and shall not form a part of the Contract.
4. HIRE PAYMENT POLICY:
For hires of up to a fortnight, the Customer shall pay to Linear Productions the full Hire Charge in advance of commencement of the Hire Period. For longer Hire Periods, payments shall be made at fortnightly intervals in advance. Where credit facilities are granted to the Customer by Linear Productions, invoices shall be payable within 14 days by the Customer, unless otherwise agreed by Linear Productions.
Production services, packing, delivery, breakages and collection shall be charged additionally by Linear Productions and shall be invoiced and payable on the same basis.
In case of any overdue payments, the Customer shall pay interest charges to Linear Productions for the delay period, calculated on a daily basis at the prevailing Bank of England base rate, plus 8% per annum.
In case of delivery of Equipment by Linear Productions or by a carrier, the dates and times agreed are approximate only and Linear Productions shall not be liable for any delays to the Equipment for whatsoever reason.
The responsibility of the Equipment shall pass to the Customer upon delivery and terminates on collection, unless otherwise stated by Linear Productions.
The Customer shall inspect all Equipment on receipt and within one working day of such, shall notify Linear Productions in writing or by email, of any damage or shortages. The Customer shall return damaged equipment to Linear Productions or retain it for inspection by the carrier, as required by Linear Productions.
In case the Customer fails to notify Linear Productions of damages or shortages within one working day of receipt, or in case the Customer fails to follow Linear Productions instructions in respect of return or inspection, the Customer shall pay to Linear Productions the full cost of repair or replacement of the Equipment in addition to the full Hire Charge for the period that the equipment is absent from Linear Productions’ premises.
In the event that the value of the Equipment is in excess of £100 (as notified by Linear Productions) the Customer shall insure the Equipment against loss, damage and all risks for its full replacement cost, as advised by Linear Productions for the full Hire Period. Insurance shall be effected with a reputable insurance company acceptable to Linear Productions.
Costs of loss and damage shall be reimbursed by the Customer to Linear Productions immediately on receipt of payment by the Customer from the insurer, or at latest, at 30 days from date of incurrence of the loss or damage, whichever shall be the sooner.
7. USAGE OF EQUIPMENT:
The Customer shall ensure that the Equipment is installed and operated by competent persons in accordance with prevalent regulations, especially those in respect of Health & Safety, Electrical Safety and Lifting Operations. The Customer shall install and use the Equipment in a weatherproofed, indoor environment, except where the order acknowledgement specifically provides for outdoor usage.
The Customer shall be responsible for all costs incurred by Linear Productions to rectify damage or deterioration of the Equipment in consequence of improper use.
Linear Productions shall have the right to inspect the Equipment at the Hire Location at any time between 9.00 am and 9.00 pm throughout the Hire Period.
8. TITLE, SALE AND RE-HIRE:
Ownership of the Equipment shall at all times remain with Linear Productions. The Customer is not permitted to sell, modify or re-hire the Equipment other than in the case of re-hire by recognised lighting hire or event management companies and as specifically agreed by Linear Productions in writing and on terms approved by Linear Productions.
The Customer shall be wholly responsible and hold Linear Productions indemnified against all loss or damages, liabilities, claims, demands and legal proceedings that may arise as a consequence of any accident or default involving the Equipment.
The liability of Linear Productions for any defect in the Equipment shall in no case exceed either:
a. The manufacturer’s warranty for Equipment under warranty, or
b. The costs of replacement or repairs of defective equipment, or
c. A refund of the Hire Charge for the period that the faulty Equipment remains unserviceable.
11. TERMINATION OF HIRE:
Linear Productions may terminate the Contract for Hire in the event that:
a. The Customer is in default in payment of Hire Charges, or
b. The Customer commits a material breach of their obligations herein, or
c. The Customer enters into liquidation, administration, receivership or any arrangement with its creditors.
On termination of the Contract, the Customer agrees to return the Equipment to Linear Productions within one working day. In the event of their failure to so do, the Customer authorises Linear Productions to enter any premises where Linear Productions reasonably considers the Equipment to be located for the purposes of recovery and removal of the Equipment.
Any termination of the Contract shall not affect the rights or liabilities of either Linear Productions or the Customer.
Linear Productions must be informed about the termination of any contract, for whatever reason, no later than two weeks before the start of said contract. If the Customer decides to terminate the contract, for whatever reason, and fails to inform Linear Productions In Writing before said two week period, the Customer understands and agrees that they are liable to pay the contract in full.
13. FORCE MAJEURE:
While Linear Productions undertakes to use its best endeavours to implement all obligations under the Contract in a timely and efficient manner, it cannot accept any responsibility for any failure or delay for whatsoever reason caused by circumstances beyond its control.