Hire Terms & Conditions

2. HIRE CHARGES

2.1. The hire charge shall be payable before the commencement of the hiring and the full rate will be charged irrespective of the hours the equipment is used.

3. CONDITIONS OF EQUIPMENT ON COMMENCEMENT OF HIRING

3.1. This contract is entered into on the basis that the Hirer has inspected the equipment and is satisfied as to its condition in respect of defects which inspection ought to have revealed and that it was specifically drawn to his attention before this contract was entered into that the equipment contained the following defects.

4. CANCELLATION OF CONTRACT – EXCLUDING OUTDOOR STAGE & STRUCTURES (PLEASE SEE 12. FOR FURTHER INFORMATION)

4.1. The following shall apply should the contracting party cancel the contract:-
4.1.1. in the event of cancellation within 30 days before the beginning of hire, there will be no charge to the customer.
4.1.2. in the event of cancellation within 14 days before the beginning of hire, 25 % of the contract shall be due.
4.1.3. in the event of cancellation within 7 days before the beginning of hire, 50 % of the contract shall be due.
4.1.4. in the event of cancellation within 2 days before the beginning of hire, the full contract value shall be due.
4.1.5. Postponement of an agreed date shall be regarded as a cancellation.

5. RESPONSIBILITIES UNDERTAKEN BY THE HIRER

5.1. The Hirer is responsible to the Owner from the commencement of the hiring for the safeguarding of the equipment and its use in a proper manner and is liable for any loss or damage to the equipment from whatsoever cause arising fair wear and tear excepted. In particular, the Hirer will not use the equipment for any purpose beyond its capacity or in a manner likely to result in undue deterioration. If anyone other than the Hirer uses the equipment with the consent of the Owner the liability of the Hirer shall extend to that use.

5.2. The Hirer shall pay the cost of and if requested by the Owner arrange transport of the equipment from the Owner’s premises and on the termination of the hiring the Hirer shall return the equipment to the Owner or arrange for the Owner to collect it at the Hirer’s expense if the Owner so requires and fair wear and tear excepted, the equipment must be in the same condition as at the commencement of the hiring. The Hirer will remain strictly liable under (I) above until the equipment is redelivered to the Owner. Transport costs may not be charged in certain circumstances by prior arrangement with the Owner.

5.3. The Hirer is not to move the equipment from the respective addresses at which he has stated it will be used and kept without the prior written consent of the Owner.

5.4. The Hirer must not lend the equipment to any other person or part with possession with it in any way without the prior written consent of the owner. The equipment remains the property of the Owner and must not in any circumstances be sold or used as security by the Hirer.

5.5. If the Hirer shall fail to return the equipment to the Owner at the termination of the Hiring period the Hirer shall be liable to pay the Owner the appropriate daily hire charge for every day or part day that the Hirer fails to return the equipment and in addition, the Hirer shall pay any resultant loss or damage caused to the owner by the said failure to return the equipment.

5.6. The Hirer is to take out and maintain adequate comprehensive insurance cover of the equipment during the terms of the hiring in the name of the Hirer and the Owner whom the Hirer irrevocably appoints to receive all monies payable under the policy.

6. REPAIRS

6.1. The Hirer must not repair or attempt to repair the equipment in the event of damage or breakdown but must notify the Owner at once.

6.2. If the damage or breakdown has been caused by the fault or carelessness of the hirer or any person the Hirer has permitted to use the equipment, the repair will be at the expense of the Hirer.

6.3. In any case other than under (6.2.) above the repair will be at the expense of the Owner.

6.4. The Owner may in any case under (6.2.) and (6.3.) above substitute other equipment of a similar type and condition in lieu of repairing the equipment but in cases under (6.2.) above the Hirer will remain responsible for the cost of repairs.

6.5. The Owner may alternatively in cases falling under (6.2.) above or under cases falling within (6.3.) above if in the opinion of the Owner the equipment is not worth repairing or cannot be repaired terminate the hiring by written notice to the Hirer in which event except in cases falling under (6.2.) above the Owner shall repay the hire charge for any outstanding daily period for which it has already been paid.

6.6. Nothing in this condition shall affect or diminish the liability of the Hirer under condition 4 or render the Owner liable for any resultant or consequential loss or damage or inconvenience.

7. MAINTENANCE

7.1. The Owner will maintain the equipment at its own expense and the Hirer will when required by the Owner give the Owner access to the equipment for the purpose of inspecting it and carrying out works of maintenance.

8. POSITION WHEN EQUIPMENT IS OUT OF USE

8.1. If the equipment is out of use for more than 1 day as a result of some inherent defect or some cause under the control of the Owner the hiring will be suspended until the equipment is working again or has been replaced, and further as from the time the equipment is working again or has been replaced as aforesaid the hire term shall be extended by such period as is equal to the period of time it has been out of use.

8.2. In any case other than (8.1.) above the hire charge will continue to be payable.

8.3. In no case shall the Owner be liable to the Hirer for any resultant or consequential loss, damage, or inconvenience.

9. HANDLING OF EQUIPMENT

9.1. When an operator is supplied by the Owner to work the equipment he shall be under the direction and control of the Hirer. Such operators shall for all purposes in connection with their employment in the working of the equipment be regarded as the servants or the agents of the Hirer who alone shall be responsible for all claims in connection with the operation of the equipment by the said operators. The Hirer shall not allow any other person to operate such equipment without the Owner’s previous consent to be confirmed in writing.

10. BANKRUPTCY / LIQUIDATION

If during the continuance of the hiring the Hirer shall make or propose with his creditors or commit any act of bankruptcy or being a company shall go into liquidation (other than a members voluntary liquidation) or shall suffer any distress or execution to be levied against him or shall do or cause or suffer to be done any other act whereby the rights of the Owner may be prejudiced this contract shall forthwith terminate and the Owner shall be entitled to take possession of the equipment with notice for which purpose it shall be lawful for him to enter any premises where the equipment may be but this remedy is without prejudice to any other right of the Owner.

11. OWNER’S NOTICES

The Hirer shall not remove, deface, alter, cover-up, or otherwise interfere with any notice plate or mark affixed to the equipment indicating that it is the property of the Owner and shall ensure that the same is at all times kept clear and plainly visible upon reasonable inspection of the equipment.

12. IN THE CASE OF STAGES & STRUCTURES

12.1. Contract

12.1.1. These terms form part of the contract between CPS and the Client in conjunction with a specific quote. The booking must be approved online no less than 14 days prior to the start date of said contract. Once approval has been completed changes to the contract must be made in writing to CPS and confirmed in writing by return to the Client.

12.1.2. Any verbal confirmations or alterations made between CPS and the Client should be confirmed by the Client in writing within 3 days of the conversation otherwise any difference of opinion concerning what was agreed will be resolved in favour of CPS

12.1.3. All equipment remains the property of CPS at all times. The Client must not move, alter or sub hire the equipment without prior written consent from CPS.

12.2. Payment & Additional Charges

12.2.1. A 25% deposit is payable on confirmation of order. 25% is payable 30 days prior to the installation date, a further 25% is payable 14 days prior to the installation date and the remaining balance is due 5 days before the installation team are due to arrive onsite.

12.2.2. Late payments will be subject to interest charged daily at the Bank of England base rate plus 8%, plus an administration charge, in line with the “late payment of commercial debts act 1998”.

12.2.3. The hirer will be liable to pay extra charges at cost if the build and takedown of structures overruns due to conditions beyond the control of CPS (including but not limited to issues such as weather conditions, restricted site access, plant equipment not being made available).

12.3. Stage & Structures and Production Cancellation

12.3.1. Cancellation or reduction of services within the contract must be made in writing to CPS. Upon receipt of written cancellation, the cancellation charge due to CPS will be worked out as follows in reference to the first onsite date:
12.3.1.1. Non-Refundable – 25% Booking Deposit
12.3.1.2. 60-90 days prior to 1st onsite date, cancellation fee is 50% of total amount.
12.3.1.3. 30-60 days prior to 1st onsite date, cancellation fee is 75% of total amount.
12.3.1.4. 30 days or less prior to 1st onsite date, 100% of total amount is Due to CPS..
12.3.2.Postponement of an agreed date shall be regarded as a cancellation.

12.4. Client’s responsibilities

12.4.1. Responsibility for all CPS equipment included in the hire will be passed to the Client upon delivery. The Client is responsible for protecting CPS against any loss or damage to the equipment for the entirety of the contract.

12.4.2. Responsibility of structures will pass to The Client upon completion and acceptance of a handover certificate from our onsite supervisor. The Client will ensure that a duly authorised representative of the Client is present at the installation of the Equipment and is authorised to accept the handover certificate accepting installation, within a reasonable time period as specified by CPS. This accepted and signed handover certificate shall constitute conclusive evidence that the Client has examined the Equipment and found it to be in good condition, complete and fit for the purpose it was intended.

12.4.3. Evidence of a relevant insurance policy to protect against the loss of equipment may be requested and failure to produce this when requested will result in a breach of contract.

12.4.4. It is the responsibility of the Client to provide a suitable clean and clear site with good access for the vehicles detailed in the contract. The build area must be sterile from the public and where possible other contractors during the build and de-rig. Ground conditions for access, storage areas and build sites should be suitable for our works with trackway supplied as needed at The Clients cost. CPS cannot accept any responsibility for damage caused on-site to the ground. Should any additional costs be incurred to CPS as a result of poor ground conditions these costs will be passed on to the Client who shall reimburse CPS within 7 days.

12.4.5. Ballast requirements as detailed by CPS must be met by the client, including supply of a high-pressure water supply with a hose to reach our structure if required, permission to use ground anchors with confirmation that build site is free from underground services, or a surface ballast alternative.

12.4.6. There must be access to a mains power supply if specified within the contract. Secure onsite storage must be provided for plant and/or Equipment & Stillages.

12.4.7. The Client must ensure that the local authorities are informed of the work to be carried out and that all appropriate licenses and permissions are granted, any requests for information and documentation from CPS must be made at least 14 days prior to the event.

12.4.8. The Signatory to the Handover and/or the Client jointly and severally undertake with CPS that everyone who uses the Equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the Equipment to be misused

12.4.9. If the Equipment is involved in any accident resulting in damage to either the Equipment or other property or injury to any person the Client shall notify CPS immediately.

12.4.10. Equipment must not be removed from any site originally specified by the Client or from any subsequently authorised site without prior consent by CPS.

12.4.11. CPS will provide guidance and if pre-arranged with the client, equipment to monitor the weather on site, and if the most severe action point on the wind action plan is reached, CPS should be informed immediately. It is the Client’s responsibility to provide competent personnel from the point at which the structure is signed off until CPS staff commence dismantling the structure, to be in a position to act in case of onsite weather conditions.