'he','his' - means he, his, she, hers or it, as appropriate;
'Owner' - means BBPA Ltd;
'Hirer' - means the person, firm, company or nominated agent who has ordered hire equipment from the Owner for the purpose of commercial usage;
'Hire Equipment' - Professional Audio Equipment including but not limited to: PA Speakers, Amplifiers, Microphones, Mixing Desks, Effects Units and Racks, cabling, etcetera;
'Hire Period' - shall start when the equipment is picked up from the Owners premises or 13:00 on the day the Owner delivers the hire equipment where that date shall be the start of the Hire Period. The Hire Period will end on the day the equipment is returned to the Owners premises or collected in full by the owner, in any event the duration will be measured in days;
'Hire Amount' - The total amount due for equipment hired including any late payment charges, broken equipment charges, and where appropriate equipment recovery fees. Where the equipment is on Tour or is being used outside the UK the Hirer shall be liable for all and every associated additional cost of the equipment during the Hire Period, and where such cost is charged to or payable by the Owner then that cost shall also be included in the Hire Amount.
All hire charges, outlined in the PA Hire inventory and Schedule attached, shall run from the first day of the Hire Period to the last day of the Hire Period. The Hirer agrees to extend the contracted hire period where delivery of the equipment becomes late or the Owner is prevented from collecting the equipment on the agreed day due to any reason attributable to the Hirer or his agent(s) or associates. Any such extension of the hire period due to late delivery or failure to gain access or any other reason attributable to the Hirer shall be in daily increments until such time as the equipment is delivered or collected. The Hirer further agrees and acknowledges that if the owner needs to seek recovery of equipment on hire that has become late, the Hirer will pay for any and all reasonable costs incurred in that recovery. For the avoidance for doubt the Hirer agrees and acknowledges that it is his responsibility to ensure the equipment is returned to the owner or that the equipment is available for collection on the agreed date.
The Hirer acknowledges in booking equipment for hire that the Owner loses the opportunity to Hire that equipment elsewhere by accepting his booking, therefore if the Hirer cancels a hire, depending on the notice period, he agrees to pay the following proportion of the Hire Amount:
Within 24 hours of the booked start of the hire - 75% of total hire charge;
Within 72 hours of the booked start of the hire - 50% of total hire charge;
Within 7 days of the booked start of the hire - 25% of total hire charge;
The equipment must not be modified or altered by the Hirer or by anyone acting on behalf of the hirer. The Hirer agrees to take all reasonable steps to prevent anyone from altering or modifying the equipment on hire. To this end the Hirer agrees to be fully responsible for the costs incurred for correcting any unauthorised modification or alteration to the Equipment on hire. Furthermore the Hirer agrees that the need for any such correction(s) shall be determined by the owner.
Rehire is not permitted under this agreement, however the owner may decide to allow rehire subject to an additional agreement which is available on request. The Hirer will be required to provide information, typically in the form of correspondences and documents, relating to his business and commercial status along with documentary evidence assuring the owner that the necessary insurance cover is in place before any agreement to provide hire equipment can be contemplated by the owner.
Touring is not permitted under this agreement without prior approval. The owner reserves the right to allow a touring hire subject to an additional agreement which is available on request. The Hirer will be required to provide information, typically in the form of correspondences and documents, relating to his business and commercial status along with documentary evidence assuring the owner that the necessary insurance cover is in place before any agreement to provide hire equipment can be contemplated by the owner.
The Hirer is advised to establish that the equipment is suitable for the intended use prior to booking. Exact model number/s can be supplied by the owner if requested by the Hirer.
The Hirer assumes responsibility for the equipment once it leaves the Owner's Premises.
Any damage to, or loss of, equipment on hire, however caused, is to be paid for by the Hirer on a New for Old basis and it is understood, that in the event of monies owed in this respect, that the owner shall not be obliged to wait for the Hirer to be in receipt of monies resulting from a claim on an insurance policy covering the loss or damage of hire equipment taken out by the Hirer with a third party Insurance Company. For the avoidance of doubt the Hirer accepts that all monies due in this respect will be settled within 30 days.
The Hirer agrees that the Owner shall dictate replacement and repair work and all associated costs.
The Hirer is obliged to insure the equipment against damage and loss and in any event shall be liable to the Owner for the replacement cost on a new for old basis.
The Hire Equipment must be used and stored in a secure weatherproof structure and the Hirer accepts responsibility for maintaining security and structural integrity throughout the Hire Period.
It is understood by the Hirer that any damage to the equipment arising from events or acts such as may be included but not limited to; Wind, Water, Lightning, Earthquake, Flood, Terrorist Attack or otherwise shall be deemed as damage requiring reparation or replacement at the cost of the Hirer. For the avoidance of doubt the Hirer hereby acknowledges and agrees that an "Act of god" or "Damnum fatale" or "events upon which he claims no control over" exception that may be cited in his insurance policy, shall not excuse him from this liability to the Owner.
Limitation of Liability
The Hirer hereby acknowledges that the Owner shall not be liable for any loss or damage whatsoever with the exception of liability imposed by statute covering Health and Safety. To this end, the Hirer acknowledges and agrees that :
the Hirer shall carry out a visual check on all equipment and cabling prior to use;
the Hirer shall observe good "Manual Handling" practices and shall accept all responsibility for any staff training necessary for the safe use and handling of the Hire Equipment;
the Hirer shall inform the Owner immediately upon the discovery of a fault or potential fault and agrees not to use the equipment until such time as any fault or damage has been made safe or deemed safe by the Owner or his nominated agent(s).
the Hirer agrees and acknowledges that although the Owner takes great care when appointing sub-contractors it is understood that any such nominated sub-contractor shall stand for his own liability and the Owner shall not be held liable in any event.
The Hirer shall accept all responsibility for digital media connected with the use of the Hire Equipment even when such media is stored within the Hire Equipment itself, it is in this case up to the Hirer to provide for multiple copies or redundant back-ups of data and where redundant back-ups or copies are not possible it is for the Hirer to provide for redundant Hire Equipment where the integrity of data makes up an integral part of their show or production. For the avoidance of doubt the Hirer agrees and acknowledges that the Owner accepts no responsibility for the integrity of data downloaded from or stored within or used in connection with Hire Equipment.
Use Outside the UK
Hire Equipment may not be taken outside the UK without prior authorisation from the Owner. The Hirer will be required to provide documentary evidence assuring the Owner that the necessary insurance cover is in place at the time authorisation is sought. In the event authorisation is given the Hirer shall be responsible for all paperwork and administration and any associated costs.
Installation and Operation
All equipment hired should be installed and operated by competent personnel and the Hirer assumes this responsibility. The Hirer undertakes to use the equipment in accordance with the instructions and/ or industry practices as recommended by the owner.
In the case of approved account holders, the Hire Amount becomes payable within 30 days of the date of invoice.
All others customers are required to pay for the hire in full in order to make a booking, or at the Owners discretion, may agree to pay at a nominated time/ date. In some circumstances a full or part payment may be required by the Owner as confirmation of the booking.
All bookings over £10,000 require a 50% deposit to become confirmed by the Owner.
Any discount offered by the Owner is on the condition that the Hire Amount will be paid no later than 30 days after the date on the owners invoice. Should the Hire Amount remain unpaid after 30 days from the date on the Owner's invoice any discount offered by the Owner at the time of booking shall be revoked and the Hirer agrees to pay full price.
Without prejudice to the Owner’s other rights, the owner reserves the right to charge interest from the payment due date at the rate of 2% per calendar month above the base rate of The Royal Bank of Scotland plc until full payment has been received.
If the Hirers fail to pay any sum due in accordance with the terms of the contract or if the Hirers commit an act of bankruptcy or make or enter into any deed of arrangement or composition with their creditors or being a company enter into liquidation whether compulsory or voluntary or allow any execution whether legal or equitable to be levied against their property or obtained against them then the owners may but without prejudice to any other rights of remedies forthwith terminate the contact and repossess all their equipment. The Hirer agrees and authorises the Owner to take any and all measures available to them in order to retrieve the Hire Equipment under such circumstances.
Governing Law and Jurisdiction
All contracts incorporating these Terms of Hire shall be governed by and construed in accordance with the laws of Scotland and the Hirer agrees to submit to the exclusive jurisdiction of the Glasgow Sheriff Court located at No.1 Carlton Place, Glasgow, G5 9DA.
Terms for the Sale of Equipment.
All equipment sold by Black Box Pro Audio Limited (BBPA) is sold on a "Trade Only" basis and it should be understood that no guarantees or warranties are implied or given other than those documented and provided for by the equipment manufacturer. For the avoidance of doubt the buyer understands that equipment is for sale on a "sold as seen" basis and BBPA accepts no liability as to the quality or fitness for purpose of any equipment sold.