HENLEY THEATRE SERVICES

THE CUSTOMER IS RESPONSIBLE FOR THE INSURANCE OF HIRE EQUIPMENT

HIRE TERMS

  • DEFINITIONS:
    • The term 'Client' refers to the individual, organisation, or company entering into an equipment hire agreement with Henley Theatre Services (HTS), with a registered office at The Bowler Barn, Bartletts Court, Bath Road, Littlewick Green, Berkshire, SL6 3RX.
    • 'Contract' signifies the agreement for the hire of equipment by the Client from HTS, incorporating the terms and conditions outlined herein.
    • 'Equipment' encompasses all items specified under the Contract.
    • 'Hire Period' denotes the duration from the date of collection or dispatch of the Equipment from HTS’s premises until its return.
    • 'Hire Charge' represents the weekly fee payable by the Client to HTS based on the agreed-upon unit rates, this includes additional charges, such as those for production services, design, delivery, and collection.
    • 'Hire Location' pertains to the venue or venues within England and Wales where the Client intends to utilise the Equipment.

 

  • CONTRACT FORMATION:
    • A contract materialises once HTS accepts and acknowledges the Client's written request for equipment hire. These terms and conditions take precedence over any other terms that may be proposed.

 

  • HIRE ARRANGEMENTS:
    • HTS grants the Client the rental of Equipment for use at the specified Hire Location during the agreed Hire Period at the mutually agreed-upon Hire Charge. Specifications provided by HTS are approximate and serve to provide a general understanding but do not form a binding part of the Contract.
      Equipment Substitution: HTS reserves the right, with written agreement from the Client, to substitute specified Equipment with similar items of equal or greater functionality. Any substitution will be communicated and agreed upon in advance to ensure the Client's satisfaction and compliance with the agreed-upon terms.

 

  • PAYMENT TERMS:
    • For hire durations up to a fortnight, the Client shall remit the entire Hire Charge in advance. For longer periods, payments are due at fortnightly intervals in advance. Invoices are payable within 7 days unless alternative arrangements have been agreed upon. VAT will be charged additionally at the prevailing rate. Overdue payments will incur interest charges calculated at the base rate of National Westminster Bank PLC plus 8% per week.

 

  • DELIVERY AND INSPECTION:
    • Delivery dates and times, if handled by HTS or a carrier, are approximations, and HTS shall not be held liable for delays. The risk in the Equipment transfers to the Client upon delivery. The Client is required to inspect all Equipment upon receipt and promptly notify HTS in writing of any damage or shortages within one working day.

 

  • INSURANCE:
    • If the Equipment value exceeds £100 (as notified by HTS), the Client must procure insurance covering loss, damage, and all risks for the full replacement cost during the Hire Period. The Client shall promptly reimburse HTS for any costs associated with loss or damage upon receipt of payment from the insurer at the latest within 30 days of the incident.

 

  • USAGE AND MAINTENANCE:
    • The Client assumes responsibility for the proper installation and operation of the Equipment, ensuring compliance with prevailing regulations, particularly those related to Health & Safety, Electrical Safety, and Lifting Operations. The Equipment is to be used in a weatherproofed, indoor environment unless outdoor usage is explicitly agreed upon. The Client is liable for all costs incurred by HTS to rectify damage or deterioration resulting from improper use.

 

  • OWNERSHIP AND RE-HIRE:
    • Ownership of the Equipment remains with HTS throughout the hire period. The Client is prohibited from selling or re-hiring the Equipment unless expressly approved in writing by HTS and on terms endorsed by HTS.

 

  • INDEMNITY:
    • The Client assumes full responsibility and agrees to indemnify HTS against any loss, damages, liabilities, claims, demands, or legal proceedings arising from accidents or defaults involving the Equipment during the Hire Period.

 

  • LIABILITY LIMITATION:
    • HTS's liability for any defect in the Equipment is limited to the manufacturer’s warranty for warrantied items, or the costs of replacement/repairs of defective Equipment, or a refund of the Hire Charge for the period during which the faulty Equipment remains unserviceable.

 

  • TERMINATION OF HIRE:
    • HTS reserves the right to terminate the Hire Contract if the Client defaults on Hire Charges, commits a material breach of obligations, or enters insolvency proceedings. Upon termination, the Client agrees to promptly return the Equipment to HTS, authorising HTS to recover the Equipment from any premises reasonably believed to house the Equipment.

 

  • CANCELLATION POLICY:
    • If the Client decides to cancel the hire, the following conditions apply based on the notice period:
      50% of the Hire Charge if cancelled between 5 and 15 business days before the commencement of the Hire Period.
    • 100% of the Hire Charge if cancelled up to 5 business days before the commencement of the Hire Period.
    • Charges may also be applied for administration, sub-hire, transport, and warehouse preparation.
      Postponement is regarded as cancellation.

 

  • FORCE MAJEURE:
    • HTS undertakes to make every effort to fulfil contractual obligations promptly; however, it cannot be held responsible for any failure or delay caused by circumstances beyond its control.