TERMS AND CONDITIONS
SLX Limited is a company registered in England and Wales 12198744.
Registered office: 115 Burcott Road, Avonmouth, Bristol, BS11 8AF.
GB VAT 331 7823 09
1. DEFINITIONS AND LAW
1.1. "the Equipment" shall mean goods, components and other items hired or sold by SLX or any part thereof.
1.2. "the Customer" is the person, firm, corporate or public body hiring or purchasing the Equipment. Any person purporting to act on behalf of the Customer or authorised by the Customer shall be bound by the Contract.
1.3. "Consequential loss" shall mean loss of profits, contracts or other consequential loss or damages whatsoever.
1.4. "Interest" shall mean interest calculated in accordance with Clause 4.1.
1.5. “Contract” shall mean Order Confirmation, Hire Agreement, Account Application, Agreement to Supply or Contract.
1.6. “Services” shall mean the services to be provided by SLX under any Contract.
1.7. The Contract shall be interpreted and applied in accordance with English Law and the parties to this contract agree to submit to the exclusive jurisdiction of the English Courts.
1.8. For clarity these Terms and Conditions are grouped for ease of reference into their most pertinent applications, however all clauses apply to any and all agreements.
2. HIRE TERMS
2.1. Hire Period
2.1.1. The hiring period commences at the time and date specified in the Contract and continues for the period specified in the Contract and terminates at the time and date as specified in the contract.
2.2. Power to Enter this Contract
2.2.1. The signatory to the Contract warrants that they are duly authorised on the Customer's behalf to enter into the Contract and hereby personally indemnifies SLX against all losses and costs that may be incurred by SLX if this is not the case.
2.3.1. Hire charges commence from the date stated in the Contract and are payable for the period of hire.
2.3.2. Equipment must be returned by the time and date specified in the Contract.
2.3.3. Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the Equipment not being available for use by other customers.
2.3.4. All Equipment must be returned in similar condition as found at the start of the hire, in a clean and serviceable condition or additional charges will be made.
2.3.5. In the case of Equipment which is lost stolen or damaged beyond economic repair the Customer shall pay a charge at the full hire rate together with interest and consequential loss until the Equipment is replaced.
2.3.6. SLX provides spare lamps with Equipment where appropriate. These and any lamps they replace must be returned with the Equipment and in default their full replacement cost will be charged.
2.3.7. All charges are payable on demand.
2.4.1. The Customer for the duration of the hire period shall remain responsible for any loss or damage to any Equipment hired from or on half of SLX.
2.4.2. The Customer agrees to pay SLX the full retail cost of any Equipment lost stolen or damage beyond economic repair (without deduction for usage wear tear or age)
2.4.3. The Customer shall insure the goods against the above liability. We can offer this as an extra service.
2.4.4. All monies received by the Customer from any insurance company or third party in settlement of any claim shall be held in trust by the Customer and paid to SLX on demand to the extent that any such payment is due under this clause.
2.4.5. The Customer shall not compromise or settle any claim without the express consent of SLX.
2.5. Customer's responsibilities
2.5.1. The Customer's responsibility for the Equipment commences on receipt of the Equipment by the Customer or his agent or on delivery and ends when the Customer is in possession of SLX's unqualified receipt for the return of all the Equipment.
2.5.2. The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so.
2.5.3. The Signatory to the Contract and the Customer jointly and severally undertake with SLX 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.
2.5.4. The Customer will at all times fully indemnify SLX against any expense liability financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return or non-return of the Equipment.
2.5.5. Nothing in this clause shall affect the statutory rights of the Customer or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977.
2.6. Electrical Equipment
2.6.1. Any electrical Equipment should be used with plugs and/or sockets as fitted.
2.6.2. No Equipment shall be modified without prior written consent from SLX.
2.6.3. The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to the Equipment from incorrectly connected or disrupted supply will be charged.
2.7. Equipment Maintenance and Reporting
2.7.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period.
2.7.2. Any breakdown or unsatisfactory working of Equipment shall be immediately notified to SLX.
2.7.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from SLX.
2.7.4. Any damaged or unsatisfactory Equipment must be returned to SLX's premises for examination at the Customer's cost.
2.7.5. If the Equipment is involved in any accident resulting in damage to either the Equipment or other property or injury to any person the Customer shall notify SLX immediately.
2.7.6. Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without prior consent of SLX.
2.7.7 The Customer shall inform SLX if any Equipment is taken out of the UK.
2.8. Compatibility of Equipment
2.8.1. The Customer shall ensure that the Equipment is compatible and may safely be used with any other equipment being used by the Customer.
2.8.2. The Customer shall be responsible for ensuring that any equipment is suitable for their purposes
2.8.3 SLX reserves the right to supply equipment of a similar design to the Equipment specified.
2.8.4 All descriptions, specifications, drawings, particulars of weights and dimensions issued by SLX are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the Contract. Due to continuing development, SLX reserves the right to change specifications without notice.
2.9. Condition of Returned Equipment
2.9.1. The Customer is fully responsible for care safe keeping and return in good order of the Equipment.
2.9.2. The Customer will reimburse all costs incurred by SLX in rectifying the condition of any Equipment returned damaged or unclean as stated in 2.3.5.
2.10. Termination of Hire
2.10.1. SLX shall be entitled to terminate the contract with immediate effect and to repossess the Equipment if at any time:-
(a) The Customer is in breach of these terms; or
(b) The Customer shall take any steps or, if any act or proceeding is commenced in which the Customer's solvency is in the reasonable view of SLX in doubt. Such termination shall not affect the right of SLX to recover from the Customer any monies due under this Contract; including interest, consequential loss or damages for breach.
2.10.2. The Customer hereby authorises SLX to enter upon any property, upon which SLX reasonably believe any Equipment to be held and SLX in their absolute discretion may recover and remove the Equipment.
2.10.3 The Customer hereby authorises SLX (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to SLX arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of SLX.
2.11. Cancellation of Contract
2.11.1. The following shall apply should the contracting party cancel the contract:-
- in the event of cancellation 30 days before the beginning of hire there will be no charge to the customer;
- in the event of cancellation 14 days before the beginning of hire, 25 % of the Equipment rental and Services shall be due;
- in the event of cancellation 7 days before the beginning of hire, 50% of the Equipment rental and Services shall be due.
- in the event of cancellation 2 days before the beginning of hire, 100% of the Equipment rental and Services shall be due.
2.11.2. Postponement of an agreed date shall be regarded as a cancellation.
3. CONDITIONS AS TO SALE
3.1. Risk in Title
3.1.1. The risk in the Equipment shall pass to the Customer immediately on delivery to the Customer at the address shown for delivery on the Contract or if the Customer collects, on collection.
3.1.2. Property and title in the Equipment shall remain vested in SLX and SLX reserve the right to dispose of the Equipment until such time as the price shall have been paid in full.
3.1.3. If any part of the payment is overdue or if the Customer is in breach of any of these terms or if the Customer shall take any steps or any act or proceeding in which in the reasonable view of SLX the Customer's solvency is in doubt SLX may (without prejudice to any of SLX's other rights) recover or resell the Equipment and may enter upon the Customer's or any third parties property for that purpose.
3.2.1. The Customer shall receive and unload the Equipment and shall check the same for quantity and condition in the presence of SLX's carrier.
3.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by the Customer on the delivery document and the Customer shall give written confirmation to SLX within two days of delivery.
3.2.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by SLX unless condition 3.2.2. is observed.
3.2.4. This condition does not affect the statutory rights of the Customer.
3.3.1. The price charged will be the price ruling at the time of delivery. Where this is at variance with the price quoted or inserted in the Contract at the time the goods were ordered the Customer will be advised prior to delivery.
3.4.1. All Customers are assumed to not be in receipt of automatic credit account facilities.
3.4.2. All Hire and Equipment and or Services shall be invoiced and paid in full in advance with an Order Confirmation.
3.4.3. Where account facilities have been granted to the Customer in writing all invoices must be paid within the terms on the invoice.
3.4.4. Where no such facilities have been granted payment in full will be required with Order Confirmation.
3.4.5. SLX reserves the right to withdraw credit account facilities anytime.
4. CONDITIONS APPLICABLE TO BOTH HIRE AND SALE
4.1. Payment and Interest
4.1.1. Where payments are not made on the due date, SLX Limited will be entitled to claim statutory interest as defined under the Late Payment of Commercial Debts (Interest) Act 1998, which is currently 8% above the Bank of England Base rate, together with the recoverable costs. Interest will be calculated on a day to day basis compounded with quarterly rests.
4.1.2. The payment of such interest shall be without prejudice to any other rights or remedies of SLX.
4.1.3. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the Customer.
4.1.4. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by SLX pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order with an Order Confirmation.
4.1.5. See also clause 3.4 Payment
4.2.1. SLX's liability for any defect in the Equipment shall be limited to and in no case exceed:-
(a) any manufacturer's warranty sold with the Equipment; or if there shall be none
(b) replacement or repair of the defective equipment; or
(c) at SLX's option a refund of the price.
4.2.2. Nothing in these terms and conditions shall make SLX liable for any consequential loss to the Customer including; but not restricted to any expense, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability, incompatibility or unlawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same.
4.3. Injury to Persons and Damage to Property
4.3.1. Subject to 4.2.2. SLX shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in the Equipment and where such defect is caused by the negligence of SLX.
4.4. Rights Reserved
4.4.1. Any failure by SLX to enforce any or all of these conditions shall not be construed as a waiver of any of SLX rights hereunder.
4.4.2. If any term in this contract shall be held invalid, such invalidation shall not affect the validity of the remaining terms.
4.5. Terms of Contract
4.5.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer.
4.6. Delivery and Carriage
4.6.1. All times quoted or stated for deliveries are approximate only and SLX shall not be liable for any delay in delivery of the Equipment howsoever caused.
4.6.2. Hire charges or sale prices do not include carriage. Any expenses incurred by SLX in delivery or recovering equipment or attempting the same will be paid by the Customer.
4.6.3. Where carriage charges are quoted by SLX such charges will include only for the time to load or unload alongside the SLX vehicle at the address specified by the Customer. Further time, attendance or Services will be paid for by the Customer.
4.6.4 SLX reserves the right to recharge additional costs of delivery and collection including, but not restricted to; parking fines, waiting time and toll charges.
4.6.5 SLX shall not be held liable for any damage incurred to a customer vehicle when assisting loading or unloading or for the safe and secure loading of their vehicle.
4.6.6. All SLX arranged third party collections remain the customers responsibility until return at SLX. Packaging should be safe and secure. Failure to do so shall result in additional charges as stated in 4.2.
4.7.1. SLX notifies the Customer that playing or showing copyright material in circumstances where the Customer does not hold the appropriate Licence of the copyright holder copyright will be infringed and may become liable in damages for so doing.
4.7.2. The Customer by accepting delivery of sound or visual reproduction Equipment warrants that the Customer has or will obtain the appropriate Licence (s) for the said performance playing or showing, prior to using the equipment for the said purpose. This may include but not be restricted to; PRS Licence, PPL Licence, TV Licence, PMSE Licence, permissions to record.
4.7.3. All Intellectual Property Rights in or arising out of or in connection with Services rendered shall be owned by SLX unless otherwise agreed in writing.
4.8.1. Neither party shall, during and after termination of this Agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature (including without limitation all technical or commercial know-how, specifications, inventions, and processes or initiatives which are of a confidential nature).
4.8.2.Each party shall on termination of this agreement surrender to the other party all materials relating to such confidential information in its or its personnel's, agents' or representatives' possession.
4.9.1. The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
4.10. Force Majeure
4.10.1. For the purposes of the Contract "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected including but not restricted to;
(a) acts of God, fire, flood, drought, earthquake or any other natural disaster;
(b) acts of war, terrorist attack, political unrest, threat of war or armed conflict, embargo, riot
(c) epidemic or pandemic;
(d) any law or action taken by a government or public authority;
(e) interruption or failure of any utility service.
4.10.2. Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Contract other than obligations to make payment, those obligations will be suspended for the duration of the Force Majeure Event.
4.10.3. A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Contract, will:
(a) forthwith notify the other through writing; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
4.10.4. The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.