LITTLE EARTH TERMS AND CONDITIONS OF EQUIPMENT HIRE
These Terms and Conditions of Equipment Hire (the "Conditions") shall apply between:
a) "Little Earth", a sole trader with its address at C/O Earth Studios, Unit 9, Caston Industrial Estate, Salhouse Road, Norwich, NR7 9AQ; and
b) any person(s) or entity (the "Hirer") that hires any musical or audio equipment and any ancillary equipment from Little Earth (the "Equipment").
1. RIGHT OF HIRE: Subject to these Conditions, Little Earth hereby agrees to hire the Equipment to the Hirer:
1.1. for the duration of the period of time agreed by the parties (the "Hire Period"); and
1.2. for use at any private or public location agreed by the parties, provided that prior to the start of the Hire Period the Hirer has:
1.3. provided Little Earth with its full name, address, telephone number, email address and a valid form of photo ID;
1.4. made payment in full and in cleared funds to Little Earth; and
1.5. provided its credit card details to Little Earth pursuant to clause 6.
2. EQUIPMENT CONDITION: Little Earth warrants that the Equipment has been PAT tested and is in reasonable condition. Any other terms implied by law shall be expressly excluded from these Conditions. The Hirer acknowledges that Little Earth is supplying the Equipment only and is not providing any sound crew, transportation, delivery or set-up of the Equipment.
3. EQUIPMENT OWNERSHIP: The Equipment will remain the sole property of Little Earth and may only be used by the Hirer during the Hire Period in accordance with these Conditions. Little Earth reserves the right to recover the Equipment at any time pursuant to clauses 4.11 and 8.
4. HIRER OBLIGATIONS: During the Hire Period, the Hirer shall:
4.1. collect and return the Equipment from/to Little Earth's address at the start and end of the Hire Period (or immediately upon the termination of these Conditions under clause 8) at the times agreed with Little Earth (unless otherwise agreed, collection is from 2pm-4pm on the first day of the Hire Period and returns must be made from 11am-1pm on the last day of the Hire Period). The Hirer acknowledges that Little Earth cannot ensure that staff will be present at un-arranged times. In the event that the Equipment is returned late, the Hirer's credit card will be charged for each day exceeding the Hire Period in accordance with clause 6;
4.2. ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed and operated in a proper manner;
4.3. take such steps (including without limitation, compliance with all safety and usage instructions provided by Little Earth) as may be necessary to ensure that the Equipment is at all times safe and without risk to health;
4.4. be responsible for ensuring that the Equipment is kept in as good an operating condition as it was at the start of the Hire Period;
4.5. make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
4.6. keep Little Earth fully informed of all material matters relating to the Equipment by calling 01603 705105 or emailing
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
;
4.7. at all times keep the Equipment in the possession or control of the Hirer;
4.8. not part with control of, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
4.9. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Hirer shall notify Little Earth immediately and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Little Earth on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation in accordance with clause 6;
4.10. not use the Equipment for any unlawful purpose; and
4.11. in the event of breach of these Conditions by the Hirer, allow Little Earth or its representatives to access any premises where the Equipment is located for the purpose of recovering the Equipment.
5. CANCELLATION AND REFUNDS: Upon placing a booking to hire the Equipment:
5.1. the Hirer may cancel the booking and obtain a refund by providing Little Earth with notice within the 14 days from the date it made the booking; but
5.2. the Hirer shall not be entitled to a refund where the start of the Hire Period is 14 days or less from the date that the booking is placed i.e. if it receives the Equipment within the 14 day cancellation period. In this instance, by placing a booking with Little Earth, the Hirer hereby acknowledges that the Equipment will be provided for hire during the cancellation period and therefore it will lose its right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, pursuant to regulations 28(1)(h) and 36.
6. RISK AND INDEMNITY: The risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer upon the Hirer collecting the Equipment and risk shall only revert back to Little Earth upon the return of the Equipment to Little Earth. The Hirer acknowledges that Little Earth shall not be responsible for any loss of, or damage to, the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment caused by the Hirer, its employees, agents, contractors or any other third parties (including members of the public) and the Hirer undertakes to indemnify Little Earth on demand against all losses, liabilities, claims, damages, costs or expenses of whatever nature (including without limitation, any hire charges for any period of hire exceeding the Hire Period; damage occurring to Equipment or persons when loading, in transit or during a performance; or damage from theft, water damage (such as adverse weather or drink spillages), re-wiring or cutting down of plugs or cables, maxing-out Equipment volume levels, wrongly setting up the Equipment or hiring inadequate Equipment for an event) arising in relation to the Equipment during the Hire Period and any period of hire exceeding the Hire Period. The Hirer acknowledges and agrees that its credit card details will be retained by Little Earth until the Equipment has been returned and the Hirer hereby authorises Little Earth to charge its credit card for any amounts payable under this indemnity clause. The Hirer acknowledges that Little Earth recommends that the Hirer obtain suitable insurance to cover the Equipment during the Hire Period to mitigate any potential risks.
7. DISCLAIMER: Little Earth assumes no responsibility for the provision of any personnel, licences, sound pressure levels or responsible use of Equipment volume. The Hirer acknowledges that some Equipment can cause hearing damage when used irresponsibly.
8. TERMINATION: Little Earth reserves the right to terminate these Conditions and the right of hire immediately upon providing the Hirer with notice at any time if it reasonably believes that the Hirer is in breach of these Conditions, is insolvent, bankrupt or unable to pay its debts as they fall due.
9. LIMITATION OF LIABILITY: Little Earth's maximum liability to the Hirer under these Conditions will not exceed the amount paid by the Hirer for the Hire Period and in no circumstances will Little Earth be liable for any indirect or consequential loss. Nothing in these Conditions shall exclude or limit either party's liability for death or personal injury caused by its own negligence or for fraud or fraudulent misrepresentation.
10. MISCELLANEOUS: The Hirer may not assign these Conditions without Little Earth's prior written consent. These Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. No variation of these Conditions will be effective unless it is in writing and signed by the parties. The parties are independent and are not in a partnership or agency relationship. No one other than a party to these Conditions shall have any right to enforce any of its terms. No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions. These Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
THE HIRER HEREBY EXPRESSLY ACKNOWLEDGES THAT BY PLACING A BOOKING FOR EQUIPMENT IT AGREES WITH THESE CONDITIONS.