Rental Rate Card - Gearhouse Broadcast
Rental Rate Card
March 2016
www.gearhousebroadcast.com
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Rental Rate Card – March 2016
WHY CHOOSE GEARHOUSE BROADCAST?
Our people are dedicated, committed and rich in product knowledge, which can prove invaluable when you are
faced with budget restrictions. They can provide technical consultancy to help you meet your production needs.
You can even outsource your full requirements to them, including crewing.
We aim to add value by offering services to supply operators for cameras, editing, disk recorders, or even look after
your audio requirements. If you are uncertain about a piece of equipment you can come and visit our facilities
where our trained technical operators will be only too happy to give you a demonstration of the equipment and
answer any questions you may have.
We continue to invest in new equipment, especially high definition and audio. Our inventory is constantly expanding
as new equipment becomes available - Gearhouse Broadcast is determined to stay at the cutting edge of new
technology.
Gearhouse Broadcast’s Equipment Rental division is continuously expanding its resources and product portfolio.
Why choose us
• 24 hour support
• Consultancy
• Flexibility
• Long Term Rental
• Outsourcing Capabilities
• People
• Price
• Product Range
• Reliability
• Technical Expertise
Specialists in:
• Documentaries
• Light Entertainment
• Music
• News
• Outside Broadcast
• Reality TV
• Sport
• Studios
Clients include:
• Bow Tie Television
• CTV
• Input Media
• NEP Visions
• Pinewood Studios
• Riverside Studios
• SIS Live
• Sky Sports
• Talkback Thames
• Televideo
We work closely with the manufacturers of broadcast equipment including, Canon, EVS, Link Research,
Panasonic, Pinnacle, Sennheiser, Sony, Grass Valley Group and many more. This ensures that market needs are
always met, updating our rental stock regularly to reflect the creative needs of the market.
We have been active in the broadcast industry for over a decade, and are well established in the market place in
the UK, USA, Australia, India and Qatar.
Client Testimonials
Simon Honey
Head of TV Studio Operations - The Pinewood Studios Group
“Gearhouse Broadcast always provides a professional all round packages with exceptional customer service, through a dedicated
knowledgeable rental team, dependable hands on technical support, and reliable state of the art equipment - at a competitive
price”.
Lucy Eagle
Line Producer on I’m A Celebrity...Get Me out Of Here! - ITV Studios
“Gearhouse Broadcast continually meets our production needs, whilst providing excellent technical support and the best
equipment available”.
Alan Wright
Engineering Manager - SIS Live
“The Wimbledon Championships are one of the biggest and most complex annual events that we cover and Gearhouse
Broadcast supply a variety of equipment to ensure our coverage is always successful”.
Ken Agaard
Head of Operations - Soccer United Media
“Gearhouse Broadcast has a great understanding of our technical and operational requirements and provided an efficient and
reliable service”.
Leilah Mason
Line Producer on the X Factor - Thames Television
“We have worked with Gearhouse Broadcast on many projects before. Highly recommended, Gearhouse Broadcast proved that
their Audio Department could tailor their service to suit any needs and any schedule that we could throw at them”.
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TERMS & CONDITIONS
All equipment and services are supplied under our Terms and Conditions which appear at the rear of this Rate Card.
Rates and Specifications
To the best of our knowledge, all rates and specifications are correct at the time of publication
of this Rate Card. They may however be subject to change from time to time. E&OE.
ALL PRICES QUOTED ARE EXCLUSIVE OF VAT.
Hours of Business
Our Hire Desk is open Monday to Friday (Bank Holidays excepted) from 8.30am to 6.30pm and
Saturday 9.30am to 2.30pm. Outside of these hours please call our main line +44 (0)845 820
0000 to contact our duty staff.
Hire Rates
Single day/s = Rate Card prices. Weekly Rate = 4x Daily Rate. Monthly Rate = 16x Daily Rate.
For longer term and larger rentals, please ask our Hire Desk for a competitive Quotation.
Tel: +44 (0)845 820 0000 or Email: [email protected]
Minimum Charge
There is a minimum charge of £75.00 per rental. We reserve the right to charge ongoing hire
for late returns or missing equipment.
Pencil Bookings
We will be pleased to make a pencil or provisional booking on equipment. If there is another
confirmed requirement for the equipment, we will endeavour to do our best to contact you. We
would ask you to inform us in writing if you wish to confirm or withdraw any pencil booking.
Delivery and Collection
Equipment is supplied on the previous working day of a confirmed booking and should be
returned to us on the following working day after the rental. Gearhouse Broadcast has a wellestablished Logistics Team and can arrange shipping to any part of the world. For hires booked
in advance within our normal working day, we offer free delivery within the M25 (plus
congestion and parking charges where applicable). All other areas are subject to quotation.
Radio Equipment Licenses
The Hirer is responsible for ensuring that any Radio Equipment is used in accordance with local
licensing requirements. Gearhouse Broadcast can, in certain circumstances, arrange a license
at cost plus a small administration fee.
Insurance
It is the responsibility of the Hirer to ensure that all equipment is fully insured against loss or
damage from the time that it leaves our premises. Please refer to our Terms and Conditions for
further information. Proof of such cover may be required before we can supply the equipment.
Electrical Safety
All our equipment is regularly tested in accordance with the Electricity at Work Act 1989. We
have a team of qualified engineers dedicated to checking each piece of equipment every time it
enters and leaves our warehouse. Each piece of equipment undergoes vigorous testing
sequences by a specialist qualified in electronics, this equipment is the awarded a performance
test status.
Tests
All equipment is thoroughly tested by our engineers both on return and dispatch. It is however
the responsibility of the Hirer to ensure that the equipment suits his specific requirements. We
strongly recommend that you carry out your own tests before embarking on a production.
Subject to availability. We can arrange for Hirers to carry out their own tests on our premises.
Gearhouse Broadcast cannot guarantee that each piece of equipment listed in this rate card will be available in all
offices. Additionally, if you do not see what you require here please call as we may have purchased the equipment you
are looking for, since publication.
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CAMCORDERS
Sony PDW-700 XDCAM HD422 Camcorder
Sony PDW-F800 XDCAM HD422 Camcorder
Sony PDW-850 XDCAM Camcorder
SYSTEM CAMERAS AND CHANNELS
NAC Hi Motion II Ultra Slow Motion Camera
Sony HDC-1500R Multi-Format HD Camera
Sony HDC-2500 3G Multi Format HD System Camera
Sony HDC-3300R Full HD Slow Motion Camera
Sony HDC-4300 4K/HD System Camera
Hitachi SK-HD1500 HD Slow Motion Production Camera
Hitachi SK-HD1200 Multi-Format HDTV Production Camera
Hitachi DK-H100 HDTV POV Camera
Panasonic AW-HE130 Full HD Camera
Q Ball Q3
CAMERA CHANNEL ACCESSORIES
Sony HDLA-1500 HD Large Lens Adaptor
Sony HDTX-100 HD Triax Adaptor
Sony HDVF-EL75 7.4-inch OLED Viewfinder
Sony HDVF-700 HD CRT 7” Viewfinder
Sony HDVF-C730 Multi-format HD Colour LCD 6” Viewfinder
Sony RCP-1500 Joystick
Hitachi RU-1500 Joystick
Hitachi RU-1200 Joystick
Sony HDCU-1500 HD Camera Control Unit
Sony HDCU-1000 HD Camera Control Unit
Sony HDFX-100 HD Triax Adaptor
Sony VCS-700 Video Selector for MSU-700
LENSES AND ACCESSORIES
Canon XJ25x6.8BIE-D DIGI SUPER HDTV Lens
Canon XJ27x6.5B HDTV Studio Lens
Canon XJ72x9.3B IE-D HD Standard Field Lens
Canon XJ75x9.3B IE-D HD Premium Field Lens
Canon XJ86x9.3B IE-II HD Super Telephoto Lens
Canon XJ100x9.3B IE-D HD Digit Zoom Lens
Canon HJ14ex4.3B HDTV Wide Angle Lens
Canon HJ22ex7.6B HD Production Lens
Canon HJ40x10B IASD-V HD Super Telephoto Lens
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TRIPODS AND ACCESSORIES
Vinten Vector 90 Pan and Tilt Head
Vinten Vision 100 Pan and Tilt Head
Vinten Vision 250 Pan and Tilt Head
Vinten Vector 750 Pan and Tilt Head
Vinten Adaptor Scaffold Clamp
Vinten HDT-2 Two-Stage Heavy Duty Tripod
Vinten Osprey Light Pedestal
Vinten 200mm Hi-Hat
VTR’S AND RECORDERS
Sony HDW-M2000P/20 HDCAM Recorder
Sony PDW-HD1500 XDCAM HD Deck Recorder
Sony PDW-F1600 XDCAM HD Player/Recorder
EVS HARD DISK SYSTEMS
EVS HD XT(3) 12x300GB Production Server
EVS HD XT(3) 6x900GB Production Server
EVS HD XT(3) 12x900GB Production Server
EVS HD XT(2)+ Production Server
EVS HD XT(2) Production Server
EVS IPDirector (10 or 30)
EVS XHub(3)
EVS XF(3)
AUDIO EQUIPMENT AND ACCESSORIES
Sony ECM-77B Lavalier Lapel Microphone (to XLR3)
Sony ECM-88 Lavalier Microphone (with DC78 powering module)
Sennheiser SK 5212-II 30mW Bodypack Transmitter
Sennheiser SKM 5200-II Handheld Transmitter
Sennheiser EK 3241 UHF Radio Microphone Receiver
Sennheiser SKP 3000 Plug On Transmitter
Sennheiser EK2000 IEM Receiver
Sennheiser EM 3732 UHF Dual Channel Radio Microphone Receiver
Sennheiser SR 2000 IEM Transmitter
Sennheiser SKM 9000 A5-A8 Digital Hand Held Transmitter
Sennheiser SK 9000 A5-A8 Digital Bodypack Transmitter
Sennheiser EM 9046 8-Channel Digital Diversity Receiver
Wisycom MTH400 Handheld Radio Mic Transmitter
Wisycom MRK960 Dual Channel Radio Mic Receiver
Wisycom MFL “RF-Over-Fibre” Transceivers
Wisycom MAT288 RF Matrix Combiner
Wisycom MTK952 Dual Channel High Power IEM Transmitter
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AUDIO EQUIPMENT AND ACCESSORIES
Wisycom MPR30 True Diversity IEM Beltpack Receiver
Riedel CCP-1116 Dual Commentator Talkback Panel
Andiamo MC 32-Channel Audio/MADI Interface
Motorola GP344 UHF Radio
Motorola Duplex UHF Base Station
Tait TB7100 Full Duplex UHF Base Station
Cobham/Axell UHF Talkback Combiners
Sennheiser Antenna Combiners
Yamaha LS9-32 Digital Mixing Console
Yamaha M7-CL 48 Digital Mixing Console
Yamaha DM1000 Digital Mixing Console
360 Systems Shortcut Editor
360 Systems Digicart-EX Network Audio Player
“Spot-On” Audio FX Playout System with AES Soundcard
AUDIO VIDEO PROCESSORS
Lawo V_Pro8 Video Processor
Lawo V_Link4 Video Over IP Storage Box
Lawo V_Remote4
MIXERS, ROUTERS AND SWITCHERS
Sony MFS-2000 1.5ME Multi-Format Switcher Processer
Sony MUS 3000 1.5ME Vision Mixer
Sony MVS-6530 3.5ME Vision Mixer
Sony MVS-8000G 4ME Multi-Format Video Switcher
Sony MVS-8400A 4ME Mid-Range SD/HD Video Switcher
Sony MVS 7000X 4ME Vision Mixer
Snell Kahuna 2ME Switcher
Snell Kahuna 4ME Switcher
Snell Sirius 850 552x1252 Router
Snell Sirius 850 436x756 Router
Snell Sirius 128x128 Router
Snell Cygnus 288x288 Router
Snell Cygnus 288x384 Router
Snell Cygnus 384x576 Router
Snell Alchemist PH.C-HD 59.94 to 50 Frame Rate Converter
Snell Alchemist PH.C-HD 50 to 59.94 Frame Rate Converter
Grass Valley Kayak SD/HD 2ME
Grass Valley Kayak HD/SD and Kayenne XL Panel
Grass Valley Kayenne Video Production Centre
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TERMS AND CONDITIONS OF RENTAL (UK)
Parties to the Agreement:
(A)
GEARHOUSE BROADCAST LIMITED (registered no.2858161) who’s registered office is situated at Unit 12 Imperial Park, Imperial
Way, Watford, WD24 4PP (together with its assigns and successors in title), hereinafter referred to as “the Owner”; and
(B)
“The Hirer” as specified on the Order Acknowledgement Form.
1. Definitions
I.I
“the Equipment” means the equipment specified on the Order Acknowledgement Form to which this agreement relates together with all
replacements and renewals of such equipment and the component parts thereof and all accessories, additions, containers, handbooks
and suchlike, References to the Equipment shall (where the context so permits) be construed as including a reference to any component
thereof.
1.2
“the Rentals” means those amounts as are specified on the Order Acknowledgement Form without any deduction, set-off, or
counterclaim whatsoever.
1.3
“the Hire Period” means the period specified on the Order Acknowledgement Form and commencing on the Commencement Date.
1.4
“the Commencement Date” means the earlier of the date upon which the Equipment is delivered to the Hirer or its agents or the date
upon which the Equipment is made available for collection by the Hirer or its agents.
1.5
“the Order Acknowledgement Form” means the document prepared by the Owner specifying in particular the Equipment, the Rental and
the Hire Period and which forms a part of this agreement.
2. Hire
2.1
The Owner agrees to hire to the Hirer and the Hirer agrees to hire from the Owner the Equipment for the Hire Period at the Rentals
subject to the terms and conditions set out herein.
3. Conditions of Hire
3.1
The hire of the Equipment will commence on the Commencement Date.
3.2
At the Commencement Date the Hirer shall inspect the Equipment and the Order Acknowledgement form will be signed by the Hirer or
by a person authorised on behalf of the Hirer.
3.3
Signature of the Order Acknowledgement Form by the Hirer or by a person authorised to sign on the Hirer’s behalf shall constitute
acceptance of the Equipment and of the terms and conditions set out herein.
4. Rentals
4.1
The Hirer shall pay to the Owner during the Hire Period the Rentals in the amounts and at the intervals specified in the Order
Acknowledgement Form without previous demand or invoice.
4.2
Subject to clause 4.1 above, the Owner shall (where appropriate) be entitled to invoice the Hirer at any time after the Hirer has accepted
a written quotation of the Owner or the Owner has accepted any written order of the Hirer, and the Hirer shall pay to the Owner the
amount specified on the invoice within 30 days of the Owner’s invoice.
4.3
If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Owner, the
Owner shall be entitled to:
4.3.1
terminate this agreement and any other agreement made between the Owner and the Hirer or suspend any further
deliveries to or work for the Hirer;
4.3.2
appropriate any payment made by the Hirer in relation to any goods or services supplied under any other contract between
the Hirer and the Owner towards full or partial payment of amounts due under this Agreement as the Owner shall think fit
(notwithstanding any purported appropriation by the Hirer);
4.3.3
charge the Hirer interest at the rate of 4% per annum above the Base Rate for the time being of Barclays Bank plc on all
sums which from time to time may be due from the Hirer to the Owner hereunder and remain for the time being unpaid, such
interest being calculated from the due date until actual payment compounded monthly and to be payable before as well as
after any judgment obtained in respect thereof.
4.4
The time of all payments due pursuant to this agreement shall be of the essence and the Owners right to terminate pursuant to clause
4.3.1 shall continue until such time as all overdue amounts (including interest) have been paid in full and shall not be deemed to be
waived or otherwise impaired by the Owner’s continuance to perform its obligations under this Agreement notwithstanding any breach by
the Hirer of clause 4.3.1.
4.5
The payment of all sums must be made to the Owner at the address specified on the Order Acknowledgement Form and payment by
post is at the Hirer’s risk.
4.6
The Hirer is solely responsible for the payment of all taxes, charges or other amounts that may be levied in respect of the payment for
the Rentals or for the delivery of or use of the Equipment and shall indemnify and hold harmless the Owner against any such amounts
which the Owner is required to pay.
5. Use of the Equipment
5.1
The Hirer may use the Equipment for the purposes of its business and for social, domestic and pleasure purposes. The Equipment is not
to be used, and the Hirer will not permit it to be used, for any purposes for which it is not expressly designed. Further, the Hirer will not
use or permit the Equipment to be used or operated in a manner contrary to any instruction notified by the Owner or to any statutory
provision or regulation or in any way contrary to law.
5.2
The Hirer agrees that it will not:
5.2.1
without the prior consent of the Owner effect any modification to or make any alterations additions or repair to the
Equipment;
5.2.2
remove or interfere with any identification marks or plates affixed to the Equipment nor attempt or purport to do so nor permit
the same;
5.2.3
deface the Equipment nor add any painting, sign writing, lettering or advertising to or on the Equipment.
6. Duties of the Owner
6.1
The Owner shall during the continuance of this agreement:
6.1.1
in the event of any of the Equipment becoming temporarily unusable (other than as a result of accident, damage, theft or
vandalism) endeavour to make available replacement equipment (not necessarily of the same type and age) for collection by the Hirer
within 48 hours (or so soon thereafter as is practicable) after receipt of notification from the Hirer requesting the same. The Owner may
at its own discretion from time to time withdraw any Equipment and substitute other equipment of similar make and type. Save as
otherwise expressly provided for any replacement equipment shall be subject to the terms of this agreement to the same extent as the
Equipment.
7. Duties of the Hirer
7.1
The Hirer shall during the continuance of this agreement:
7.1.1
ensure that the Equipment is operated properly and safely by persons who are competent to operate the same and in
accordance with any instructions or guidance issued from time to time by the manufacturer of the Equipment or by the
Owner;
7. 1.2
indemnify the Owner against all fines, penalties and liabilities arising in respect of any non-compliance or contravention of
any law or regulation, together with the cost or expense relating thereto incurred by the Owner;
7.1.3
not take or allow any of the Equipment to be taken out of the United Kingdom mainland without receiving prior written
authority of the Owner and, in the event of that authority being given, only on such terms as the Owner deems fit;
7.1.4
collect from and return to the Owner, or from and to such place as the Owner shall advise, any replacement equipment made
available to the Hirer in accordance with clause 6.1.2 hereof. The replacement equipment shall be returned within 24 hours
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7.1.5
7.1.6
7.1.7
7.1.8
7.1.9
7.1.10
after the Hirer has been notified by the Owner that the original Equipment is ready for collection, failing which the Hirer will
pay additional Rentals for the replacement equipment at a rate determined by the Owner for the period during which the
replacement equipment is retained by the Hirer;
bear the cost of the repair or rectification of any damage to the Equipment resulting from negligence or improper use of the
Equipment by the Hirer or any person permitted by the Hirer to use the Equipment;
pay all costs incurred by the Owner in respect of the supply and fixing of any accessories, extras or additions which may be
required by law or which are fixed to the Equipment at the request of or by the Hirer;
take all necessary steps at its own expense to retain and recover possession or control of any Equipment of which the Hirer
loses control;
permit the Owner or its authorised representative’s at all reasonable times to enter upon any premises where the Equipment
may from time to time be to inspect and test the condition of the Equipment;
notify the Owner of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner of the
whereabouts of the Equipment; and
in respect of the condition and maintenance of the Equipment (including any replacement equipment supplied pursuant to
Clause 6.1.2 hereof) be solely responsible at its own cost for:
(a) regularly cleaning and maintaining the Equipment;
(b) subject to clause 5.2.1, promptly repairing damage to the Equipment; and
(c) arranging (where appropriate) the regular servicing of the Equipment and keeping accurate records of the same.
8. Insurance
8.1
The Hirer will throughout the term of this agreement keep the Equipment (including any replacement equipment provided under clause
6.1.2 above) insured with an insurance company of good repute or with Lloyd’s underwriters against loss or damage from all risks. The
Hirer shall notify its insurers that the Equipment is on hire from the Owner and request the insurers to endorse a note of such interest on
the Policy of insurance naming the Owner as loss payee, shall on demand and before commencement of this agreement show the
Owner the policy of insurance, premium receipts and insurance certificate and shall not use or allow the Equipment to be used for any
purpose not permitted by the terms of the policy of insurance or do or allow to be done anything or act whereby the insurance may be
invalidated. If the Hirer shall make default in the payment of any premium in respect of the insurance the Owner may pay such premium
in which event the Hirer shall repay the amount thereof to the Owner on demand. The Hirer shall indemnify the Owner against all loss or
damage to the Equipment not recoverable under the policy of insurance.
8.2
Where any event or accident shall occur which is a risk covered by the Hirer’s insurance hereunder the Hirer shall immediately notify the
Owner thereof, shall not compromise any claim without the consent of the Owner, shall allow the Owner to take over conduct of the
negotiations (except in relation to claims by the Hirer for personal injuries, loss of use of the Equipment or loss or damage to property
unconnected with the Equipment) and shall at the expense of the Hirer take such proceedings (in the sole name of the Hirer or jointly
with the Owner) as the Owner shall direct holding all sums recovered, together with any monies received by the Hirer under its policy of
insurance, on trust for the Owner and paying or applying the same as the Owner directs and as herein provided. If any Equipment is
declared a total loss, the hire thereof shall terminate. In such event the Owner shall apply any proceeds of insurance received by it at its
option:
8.2.1
towards a replacement of equivalent value which replacement shall be deemed to be included in this agreement for all
purposes and the Hirer shall continue to be liable to any Rental as if such loss had not taken place, or
8.2.2
in or towards payment to the Owner of the sum necessary to compensate the Owner for the loss suffered as a result of the
loss of that Equipment.
8.3
The Owner shall have the right itself to repair or have repaired any Equipment which suffers damage. If the Owner does not choose to
do so the Hirer shall be liable to reinstate or repair (subject to clause 5.2.1) at its own expense any of the Equipment which has not
become a total loss. In any event, in the case of any damage to the Equipment the Hirer shall continue to pay Rental in respect of such
Equipment during reinstatement or repair whether by the Owner or the Hirer.
8.4
The Hirer will be liable to pay to the Owner any amount deducted by the insurers by way of excess or in respect of damage caused to
the Equipment prior to the date of total loss and (subject to the application of insurance proceeds under clause 8.2.2 above) shall
indemnify the Owner against all and any loss suffered by it in consequence of the total loss of all or any part of the Equipment.
9. General Liability
9.1
The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages,
proceedings, costs and expenses which may be brought against or incurred by the Owner as a result of any accident involving the
Equipment (other than death or personal injury resulting from the negligence of the Owner or its employees or agents).
9.2
The Owner does not hire the Equipment subject to any condition or warranty express implied or statutory in connection with the fitness
for any purpose or age of the Equipment and any conditions and warranties are hereby expressly excluded insofar as permitted by
Statute and (save for the Owner’s liability for death or personal injury caused by the negligence of the Owner or its employees or agents
in which event the Owner’s liability shall not be limited) the Owner will not be responsible for any liability, claims, loss, damage or
expense of any kind or nature caused directly or indirectly by the Equipment or its use.
9.3
The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages,
proceedings, costs and expenses suffered or incurred by the Owner as a result of any breach or default on the part of the Hirer in the
discharge of its obligations under this Agreement.
10. Ownership
10.1
The Equipment shall at all times remain the property of the Owner and the Hirer shall have no rights to the Equipment other than as
mere bailee and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of
the Equipment are or may be prejudicially affected.
10.3
The Hirer shall not sell, assign, charge or create any encumbrance, security interest or sub-lease over or otherwise dispose of or
abandon the Equipment, nor allow the Equipment to become a fixture on any land or property.
11. Termination
11.1
If the Hirer shall fail to pay any Rental or other sum under this agreement (or any other agreement made between the Owner and the
Hirer) or shall commit a breach of any other terms whether express or implied of this agreement (or of any other agreement as
aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the
Equipment or any part thereof, then in each and every such case the Hirer shall be deemed to have repudiated this agreement and the
Owner may thereupon or at any time, pursuant to clause 4.4 or otherwise within three months thereafter forthwith terminate the hire
constituted by this agreement.
11.2
If any of the following events shall occur, namely:
11.2.1
if any distress, execution or other legal process shall be levied on or against the Equipment or any part thereof or against
any premises where the same may be against any of the Hirer’s goods or other property or the Hirer shall permit any
judgment against it to remain unsatisfied for seven days; or
11.2.2
if the Hirer, being an individual, shall die, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be
made against him or enter into a voluntary arrangement or suffer the making of a Statutory Demand or the presentation of a
petition for a bankruptcy order; or similar or analogous order is made or proceedings commenced or action taken in any
jurisdiction outside the United Kingdom in consequence of debt; or
11.2.3
if the Hirer, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a
receiver or receiver and manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the
presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986,
or shall be deemed by virtue of sl23 of the Insolvency Act 1986 to be unable to pay its debts, or any similar or analogous
order
is made or proceedings commenced or action taken in any jurisdiction outside the United Kingdom in consequence of debt,
then in each and every such case the hire constituted by this agreement shall ipso facto and without notice terminate and no
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payment subsequently accepted by the Owner without knowledge of such termination shall in any way prejudice or affect the
operation of this clause.
11.3
Without prejudice to the foregoing, the Owner at its sole discretion may at any time and without giving any reason therefore by seven
days’ notice in writing to the Hirer for all purposes terminate this agreement.
11.4
The Hirer shall upon any termination under clauses 4.3.1, 4.4, 11.1, 11.2 or 11.3 above pay to the Owner:
11.4.1
all arrears of Rental then due and all other sums accrued due and unpaid at the date of termination, together with interest
thereon payable under clause 4.3.3 hereof; and
11.4.2
the cost of all repairs required as at the date of termination; and
11.4.3
compensation for the loss suffered by the Owner as a result of such termination, such loss being determined by the Owner;
and
11.4.4
any other sums which are or become due to the Owner or to which the Owner is or may be entitled by way of damages.
11.5
The termination of this agreement shall not affect the rights of the Owner or the liabilities of the Hirer subsisting at the date of termination
of this agreement.
11.6
On termination of the hire howsoever or whenever occasioned or on expiry of the Hire Period, the Hirer shall no longer be in possession
of the Equipment with the Owner’s consent and shall (unless otherwise agreed with the Owner) forthwith return the Equipment to the
Owner at such address as the Owner may direct in good working condition and at the Hirer’s expense and risk. Without prejudice to the
foregoing or to the breach by the Hirer of this agreement or any other rights hereunder, the Owner or its authorised representatives may
at any time after such termination or expiry of the Hire Period without notice retake possession of the Equipment and for such purpose
may enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs,
charges and expenses to be incurred in retaking possession of the Equipment as aforesaid. The Hirer shall also bear the reasonable
costs incurred by the Owner at any time in ascertaining the whereabouts of the Equipment and/or the Hirer.
12. Continuation Payment
12.1
Without prejudice to the provisions of clause 11.6 hereof, as from the due expiration of the Hire Period and until such time as the
Equipment shall have been returned or where the Equipment is returned damaged the Equipment is duly repaired the Hirer shall pay by
way of recompense for the continued use of the Equipment and for the Owner’s inability to hire the equipment to other person’s, a daily
sum (payable in arrears) at the same rate per day (pro rata if the rate in the Order Acceptance Form is expressed as other than per day)
as the Rental payments were previously due in respect thereof in addition to any amounts payable by the Hirer to the Owner for the
repair of any damaged Equipment pursuant to clause 7.1.5 or for any costs, liabilities, expenses, damages or other loss suffered by the
Owner as a result of the late return of the Equipment and/or the Equipment being returned damaged pursuant to clause 9.3.
12.2
This clause shall not confer upon the Hirer any right to the continued use or possession of the Equipment.
13. Value Added Tax
13.1
All sums due from the Hirer to the Owner shall be increased to include VAT at the rate or rates for the time being in force.
14. Owner’s Intervention
14.1
If the Hirer fails to comply with or commits a breach of any provision of this agreement, the Owner may without in any way being obliged
to do so or responsible for so doing and without prejudice to the ability of the Owner to treat that noncompliance as an event entitling it to
terminate this agreement under clause II hereof effect compliance on behalf of the Hirer
whereupon the Hirer will become liable to pay immediately any sums expended by the Owner together with all costs and expenses
including legal costs in connection therewith.
15. Force Majeure
15.1
Although the Owner will use all reasonable endeavours to discharge its obligations under this agreement in a prompt and efficient
manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
16. Forbearance
16.1
No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of the provisions of
this agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of the Owner under this agreement or operate
as or be deemed to be a waiver of any breach by the Hirer of the terms and conditions of this agreement.
17. Concurrent Remedies
17.1
No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy herein or by law or equity
provided or permitted but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing and may
be enforced concurrently therewith from time to time.
18. Waiver of Set Off
18.1
The Hirer hereby waives all and any future claims and rights of set off against any installment of Rental or any payment due hereunder
and agrees to pay the Rental and other amounts hereunder regardless of any equity, set off or cross-claim on the part of the Hirer
against the Owner.
19. Notices
19.1
All notices or other communications hereunder to any party hereto shall be in writing and shall be deemed to by duly given or made
when delivered (in the case of personal delivery), when dispatched and proper receipt of successful transmission obtained (in the case
of facsimile copy or e-mail) or on the second day following the day of posting (in the case of a posted
letter) to such party addressed to it at its address specified on the Order Acknowledgement Form or at such address or at such facsimile
or e-mail number as such party may hereafter specify for such purpose by notice in writing.
20. General
20.1
Where there are two or more parties to this agreement as Hirer their liability shall be joint and several. In this agreement and where the
context so admits or requires the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular
shall include the plural.
20.2
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the
other provision in question shall not be affected thereby.
20.3
This agreement shall be governed by the Laws of England and Wales. The Hirer irrevocably submits to the exclusive jurisdiction of the
English Courts.
20.4
The headings in this agreement are for convenience only and shall not affect interpretation.
20.5
No term of this Agreement is enforceable under the Contracts (Rights of Third Parties” Act 1999 by a person who is not a party to this
Agreement.”
9
V2 - June 2014
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