Studio Hire Terms & Conditions
STUDIO HIRE TERMS & CONDITIONS
1. In these conditions, the following words and expressions shall have the following meanings:
“The/These Conditions” means the terms and conditions of hire contained herein. “The Studio” means the Studio and all equipment and fixtures and fittings therein. “The Hirer” means the person firm or company who or which has agreed to hire the Studio from Pirate. “The Agreement” means the Agreement between Pirate and the Hirer for the Hire of the Studio.
2. The Agreement is subject to these Conditions which supersede all previous communications representations and agreements whether written or oral. No additions or alterations to the Agreement or to the Conditions shall be binding unless previously agreed to in writing and signed by a duly authorised representative of Pirate. These Conditions including any additions or alterations thereto carried out in accordance with the provisions of this paragraph shall alone govern the Agreement and all terms and conditions proposed by the Hirer are hereby excluded and do not form part of this Agreement.
3. THE TERMS
3.1 The Hirer shall pay to Pirate by way of rent for the hire of the Studio Pirate’s hire charges as set out under ‘Hire Fees’ above or other such hire charges as may have been agreed in writing between Pirate and the Hirer on the dates shown on the Agreement or in default on Pirate’s current Rate Card. For the avoidance of doubt the hire charges are payable from the date of commencement of the Agreement until either:
whichever is the later.
3.2 Without prejudice to any other right or remedy available to Pirate in the event of cancellation of an order by the Hirer, Pirate reserves the right to make a cancellation charge as follows:
3.3 Where under the Agreement Pirate arranges for delivery of equipment for use by the Hirer, the Hirer will be liable forthwith to reimburse Pirate for delivery charges incurred by Pirate.
3.4 The Hirer shall pay Value Added Tax at the rate current from time to time on all charges due to Pirate under the terms of the Agreement.
3.5 All hire and other charges are payable within 28 days of the invoice date. Without prejudice to Pirate’s right to terminate the Agreement as set out hereunder the Hirer shall be liable to pay interest on any overdue hire or other charges at the rate of 4% per annum above the base rate of Barclays Bank plc from time to time.
4. The Studio remains at all times the property of Pirate and the Hirer shall have no right, title or interest therein save that of a hirer thereof under these Conditions. The Hirer shall not purport to sell or offer for sale, assign, mortgage, pledge, underlet, lend, part with possession, allow execution or distress to be levied against, or otherwise deal with the Studio or any part or parts thereof. The Hirer’s interest under these Conditions is personal to the Hirer and the Hirer shall not sell, assign, pledge or otherwise deal in that interest.
5. OBLIGATION AND RISK
5.1 Unless otherwise agreed in writing between Pirate and the Hirer, the Hirer will collect or arrange to be collected any of the Hirer’s own equipment the Hirer may have arranged to use at Pirate during the hire period. In the event that it is agreed in writing that Pirate shall arrange to have equipment delivered to Pirate for use by the Hirer, Pirate will use its best endeavours to comply with any time schedules requested by the Hirer but will accept no liability for non-delivery of the equipment by a specific time or date or within a specified time from receipt of order. Pirate shall not be liable for delays due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of God, war, risks, strikes, lockouts, riot and civil commotion, labour disputes and delays in transport.
5.2 Unless otherwise agreed in writing between Pirate and the Hirer it shall be the responsibility of the Hirer to remove any of the Hirer’s own equipment the Hirer may have arranged to use at Pirate during the hire period immediately upon termination of the hire for whatever reason. If Pirate agrees to remove the equipment on termination of the hire, the Hirer shall remain fully responsible for the safety and protection of the equipment until it has been returned to supplier.
5.3 The Hirer will not use or allow the Studio to be used on any abnormal or hazardous assignment, neither will the Hirer remove any part of the Studio or allow any part of the Studio to be removed from Pirate’s premises.
5.4 The Hirer shall use or cause to be used the Studio in a skilful and proper manner and shall ensure that it is so used by persons properly skilled and qualified to so use the Equipment. The Hirer shall at its own expense keep the Studio in good and substantial repair and condition (save for fair wear and tear) and shall take all precautions necessary to ensure its safety and security. The Hirer will not open or allow to be opened any outer case (if any) of any part of the Studio equipment or interfere with or allow to be interfered with or remove, obscure, alter or allow to be removed, obscured or altered the equipment or the mechanism thereof or any nameplates or signs, labels or serial numbers or anything indicating ownership thereof, and will not expose or allow to be exposed the Studio to the elements (in particular salt-water and spray) and will keep the Studio protected in all respects. Any loss or damage to the Studio including loss or damage caused by non-familiarisation or misuse of the same is the sole responsibility of the Hirer, who will be responsible for the cost of repair or full replacement as necessary of the Studio. The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the Studio but must forthwith upon the happening of any breakdown or damage to the Studio notify Pirate. Pirate will thereupon arrange for the repair of the Studio, or (if Pirate in its absolute discretion considers the Studio to be beyond repair) for its replacement. In either event the costs of the repair or replacement is the responsibility of the Hirer who will reimburse Pirate the full cost thereof forthwith after notification to the Hirer of such costs.
5.5 Pirate endeavours to ensure the Studio is sound and in good order and condition at the commencement of the Agreement but it shall be the responsibility of the Hirer to ensure that the Studio is fully suitable in all respects (including type and condition) for the purpose for which it is hired. Immediately upon starting the hire period the Studio shall be examined by the Hirer and checked before being taken into use and if found defective the Hirer must notify Pirate immediately. For the avoidance of doubt, Pirate will under no circumstances hold itself out as advising on the suitability of the Studio for the purposes required by the Hirer who should satisfy itself as to the suitability. In no circumstances will Pirate be liable for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or inability to use the Studio. 5.6 Pirate shall not in the absence of negligence be liable to the Hirer or any third party for any claim in respect of any loss or consequential loss whatsoever howsoever caused whether arising directly or indirectly from the hire or use of the Studio by the Hirer and the Hirer hereby agrees that in the event of any loss arising out of negligent act on behalf of Pirate or its servants Pirate’s liability therein will be limited to £5,000 (Five thousand pounds).
5.7 The Hirer will indemnify Pirate against all proceedings, claims, costs, charges, damages and demands which may be made against Pirate in connection with the Studio or the use of it in the course of its Agreement.
5.8 Pirate reserves the right to sub-contract all or any part of the Hirer’s order and to assign or otherwise deal in any way whatsoever with Pirate’s interest in the Studio and in this Agreement.
5.9 Any time or other indulgence given by Pirate to the Hirer shall not in any way affect the rights of Pirate under this Agreement.
This Agreement and these Conditions shall be construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English Courts.