Definitions & Law –

By Owner, we mean The Owner, Mid Cornwall Sound and Light, The Barn ( Flux), Penhale, Penwithick, St Austell, Cornwall, PL26 8XL

We will be referred to as The Owner

‘We’, ‘Us’ and ‘Our’ means the Supplier of the Goods

‘You’ or ‘Your’ means the Hirer of the Goods

‘Goods’ means all goods hired by us to you

Terms & Conditions –

The contract is made between Mid Cornwall Sound and Light and the person named on the Hire Agreement.

The hirer is the person named on the Hire Agreement, and declares that he/she is over eighteen years of age and is legally entitled to enter into this agreement on their own behalf. If they are entering into this agreement on behalf of a company or organisation that they have full authority to do so.

Mid Cornwall Sound and Light require confirmation that the Hirer agrees to our Terms and Conditions and that the details on the Hire Agreement are correct. Our preference is that the Hire Agreement is printed off, signed by the Hirer and returned to us either via email or by post. If this is not a possibility then an email confirming that you agree to our Terms and Conditions will be acceptable, a paper copy will then be required to be signed at the time of delivery of goods.

By signing the Hire Agreement and paying 50% of the total balance you are agreeing to our terms and conditions of hire. Unless other amount stated.

All balances are payable prior to the equipment being made available for hire, unless otherwise agreed.

The Hirer must provide proof of their identity including the Hirer’s address, this can either be a current UK Photo Driving Licence or British Passport and a utility bill. The identification must be that of the person named on the Hire Agreement. Any other person’s identification is not acceptable.

The Hirer undertakes either to insure the equipment for the full replacement value at their own expense, or to accept full personal liability for the full value of any losses or damage caused to the equipment when it is in their possession. Whether insured or not, the Hirer is responsible for the full replacement cost of all equipment on hire to them, including all cables and accessories. A valuation is available on request.

All hired equipment remains the absolute property of Mid Cornwall Sound and Light at all times.

The Hirer undertakes to keep and return equipment in good order and condition. Any equipment returned in a dirty condition may incur a cleaning charge.

Mid Cornwall Sound and Light reserve the right to charge for repair or replacement of any equipment damaged lost or stolen, howsoever arising, during the period of hire. The Hirer’s liability is for the full replacement value of the equipment and any cables. Mid Cornwall Sound and Light will inform the Hirer within 30 days, in writing of any damages and costs concerning any of the Hired Goods

Mid Cornwall Sound and Light will always attempt to provide the hire equipment that has been ordered. However we do reserve the right to provide substitute equipment should the need arise.

In the event that the hired equipment is faulty, Mid Cornwall Sound and Light shall not be liable for any consequential loss or damage whether financial or otherwise, arising there from. We will endeavour to supply a replacement, should we not be able to fulfil this all monies paid to us by the hirer will be refunded, but this will be the limit of our liability.

Packing supplied with equipment must be returned, or it will be charged for.

Where ‘Dry Hire’ is opted for, where no setup of equipment is by Mid Cornwall Sound and Light, or you have chosen to collect the equipment from us, all hired equipment should be installed by a competent person. Mid Cornwall Sound and Light cannot accept any responsibility for damage done to personnel, property or equipment in this regard whilst it is on hire.

The Hirer will be held liable for the loss of any equipment confiscated because of a failing to comply with any relevant laws or regulations.

All quotations are made by Mid Cornwall Sound and Light without obligation, and we reserve the right at any time to vary any quotation or part thereof, or to refuse acceptance of any order without assigning any reason for such refusal, although once the 50% of the balance has been paid the price will be fixed.

Mid Cornwall Sound and Light reserves the right to inspect all hired equipment at any time during the hire period.

All quotations and prices are subject to the addition of Value Added Tax at the rate applicable on the date of the invoice.

We will exercise our statutory right (Late Payment of Commercial Debts Regulations 2002) to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to our payment terms.

All hired equipment must be used for the purpose for which it was intended by the manufacturer.

We may request a security/damage deposit prior to the commencement of the hire, cash or BACS payment is requested for the deposit. The security/damage deposit will be refunded upon the safe return of all hired equipment. The amount of security/damage deposit will vary depending on what is being hired, but will be advised to the Hirer either when an enquiry is being made, or when a booking is confirmed. The amount of the security deposit is arbitrary and does not limit your liability, which is for the full replacement cost of any loss, or any costs incurred by us in repairing equipment that has been damaged during the hire period.

The hiring period of the equipment shall commence at the time specified in the Hire Agreement and shall finish when the equipment is collected/returned. During the period of the hire, the Hirer shall be solely responsible for the hired goods and insuring the goods.

The Owner shall not be responsible for injury or damage to person or property howsoever sustained arising from our goods under hire.

All cancellations must be received in writing – if nothing is received the booking will remain confirmed and a full hire charge will be incurred. If cancellation is more than 30 days notice a full refund of all monies paid will be issued. If cancellation is between 30 and 8 days prior to the event a fee of 20% of the full hire charge will be incurred. If cancellation is less than 8 days prior to the event a fee of 50% of the full hire charge will be incurred.

The terms above, and the hire agreement to which this document relates, shall in all respects be construed and operate in accordance with English law.

CONDITIONS OF HIRE

1. For the purpose of these conditions “The Company” shall be deemed to refer to “Mid Cornwall Sound & Light and “The Customer” to any company, partnership or individual who shall enter into any hire agreement with Mid Cornwall Sound & Light which under the terms of English law might be defined as a contract.

2. All equipment hired remains the property of The Company.

3. Hire charges are based on the period of the contract irrespective of whether or not the equipment is in use.

4. Hire commences upon delivery to the customer and ceases upon return to the company. Equipment is not regarded as returned to the company until it is checked and inspected by an authorised member of the company’s staff.

5. Equipment hired will be the responsibility of the customer. The customer will be responsible for any loss or damage howsoever arising. The customer undertakes responsibility for insuring or protecting equipment against “All Risks” to the full replacement value. Any loss or damage to hired equipment must be reimbursed to the company in full and no later than 14 days from the end of the hire agreement.

6. The customer will be responsible for ensuring that any relevant regulations, rules or statutory provisions governing, or relating to the use of the hired equipment or complied with during the period of hire. The company in no way assumes liability for the consequences of any non-compliance with any such regulations, rules or statutory provisions.

7. Equipment will be hired to the customer in normal working order, the company’s liability for any defect or failure of the equipment hired is limited to the rectification of any defect or failure arising from normal usage.

8. The customer undertakes to ensure that the company’s equipment shall not be used for any purpose beyond its capacity or in any manner likely to result in undue deterioration of the equipment.

9. Mid Cornwall Sound & Light cannot be responsible for any injuries to personnel or damage to property consequential to an arising from improper use of the equipment by the customer or by any other person, whether or not authorised by the customer, during the period of hire.

10. It is the responsibility of the hirer to ensure that any current noise or anti-social behaviour laws or notices are strictly adhered to. If the hirer, member of the party team or the venue where the equipment is being used has been issued with an anti-social or noise nuisance related document before we have installed the equipment then they must inform us ASAP as we will no longer be able to supply the sound equipment. If the equipment has already been setup and we have left then the equipment must not be used and again we must be informed, if you do use the equipment and the hired equipment is seized for whatever reason then the hirer is fully responsible for any fines / loss of business incurred by the company that may result from that seizure. (Please respect your neighbor’s and the surrounding community)

11. Equipment hired must not be altered or modified in any way by the customer. Plugs and sockets must not be rewired by the customer. Any equipment or cables found to be modified or altered in any way will be charged at replacement price upon return.

12. Any damage, failure or defect in any hired equipment must be notified to the company within 24 hours and confirmed in writing within three days of initial notification. In absence of such notification the customer will be charged with the cost or repair of replacement.

13. The customer is responsible for advising the company as to the location of the hired equipment during the period of hire and of any changes to its location.

14. No equipment hired from the company may be taken outside of mainland Great Britain without the written consent of the company.

15. The customer shall not offer for hire to any third party or parties any equipment which is the property of the company without the written consent of the company.

16. If agreed hire charges are not paid on the date, then the company will reserve the right to repossess the hired equipment and will not be liable for any damages or loss which may be suffered by the company as a consequence of such repossession.

17. In the unlikely event of the equipment ordered being available for hire due to circumstances beyond the control of the company, the company reserves the right to substitute equipment of similar quality and functionality for all or part of duration of the hire.

18. Before issuing any equipment for hire the company will require a deposit from the customer which may be any sum up to the full replacement cost of the equipment hired. Similarly the company may at its discretion require payment of the full hire charge in advance.

19. The company reserves the right to cancel any hire without notice if your Identification is not satisfactory or we deem the venue not secure for leaving the hired equipment. If a deposit has been paid then this will be refunded in full.