Equipment Hire Terms and Conditions
Acceptance
Acceptance of rental quotations must be in the form of either; written confirmation via email, digital acceptance through AV Xpert's online acceptance link, or via submission of a Purchase Order, sent to info@avxpert.co.uk or your AV Xpert Customer representative's email address.
Upon accepting a rental quotation, the Client agrees to be bound by these Terms and Conditions. A signature is required in order to accept these Terms and Conditions, which can either be made digitally through our online acceptance link, or via paper copy which must be requested from AV Xpert.
The Client acknowledges that all given dates and times for the hire period and any delivery/ set-up/ collection scheduling periods are correct, and understands that AV Xpert is unable to guarantee availability of equipment beyond these times and dates, and that the hire period cannot be extended beyond these times without apporval from AV Xpert.
Hire Policy
The Customer agrees that the following conditions must be met in order to qualify to hire equipment from AV Xpert:
- Hirer must be over the age of 18 on the first day of the hire period.
- Hirer must have a permanent UK address and must provide proof of address in the form of a recent utility bill or statement dated within the last 6 months.
- Hirer must provide proof of identity in the form of a valid passport or photo-card driving license.
- Payment for hire must be made by traceable electronic means, limited to: Card Payment or BACS transfer.
- Payment for the order must be made from an account that is in the hirer's name.
AV Xpert reserves the right to refuse hire of equipment without the need to give grounds for refusal. Under such circumstances, any amounts paid in advance by the Client for the booking in question will be fully refunded.
AV Xpert reserves the right to take a photocopy or photograph of Client verification documentation (proof of ID and Address) and will have the right to keep copies on file under strict confidentiality for the entire duration of the hire period and beyond this period, as it is considered that the relationship between AV Xpert and the Customer is open-ended. The Client reserves the right to ask for such documentation to be deleted and any paper copies destroyed, once the hire period has finished and all equipment has been returned to AV Xpert, with no outstanding monies owed by the Client.
Security Deposits
AV Xpert reserves the right to charge a security deposit for the hire of equipment. This will be required entirely at AV Xpert's discretion.
Should a security deposit be requested, the security deposit value will not exceed a maximum of 50% of the total of the manufacturer's SRP for each item of equipment to be hired.
Security Deposits will either be taken in the form of a card pre-authorisation or as a card transaction. A pre-authorisation is not a charge and no funds will be debited from your account at the time that a pre-authorisation is made, instead the sum of money is reserved against the total available balance of the credit or debit card's account.
Security Deposits will be returned/ refunded within 48 hours of all items of equipment being returned from hire in satisfactory condition, and at such a time that no outstanding monies are owed by the Client.
Funds from the Secuirty Deposit may be retained/collected by AV Xpert, for example but not limited to; if equipment is not returned at the end of the hire period, if equipment is returned in an unsatisfactory condition. If a balance is due on a Customer invoice.
Delivery and Collection Policy
The Client must specify if delivery is required in advance of booking, otherwise it will be assumed that the equipment is provided for Customer collection from our warehouse in Huntingdon.
Preferred Delivery slots and Preferred Collection Slots given by the Customer are for guideline purposes only, and whilst AV Xpert will make every effort to adhere to these times, they cannot be guaranteed.
If delivery and/or collection options are requested, delivery and/or colelction will be made by AV Xpert on the chosen Hire Start Date and Hire End Date respectively. The Client will receive a 1-hour delivery/ colelction slot for the dates of hire 2-3 days before the hire start date. If the equipment is required to be delivered or collected at or before a specific time on the hire dates, this must be arranged in advance by means of email or phone call, and additional charges may apply.
The price for delivery and collection is based upon a single delivery slot and single collection slot. Delivery and collection are charged separately, and should the hire period for each item of equipment on the quotation not be the same, multiple delivery and collection fees will apply.
Deliveries and Collections of Equipment made by AV Xpert and Customer Collection and Return of Equipment are to be arranged within AV Xpert's usual business hours (9 am - 5.30 pm, Monday - Friday), unless otherwise agreed in advance by both AV Xpert and the Customer. Should the Delivery or Collection time need to be arranged outside of these usual hours, an out-of-hours fee per technician per day shall apply.
If the Customer is returning equipment, all items must be returned by 5.30pm on the hire end date, unless otherwise agreed in advance in writing by both AV Xpert and the Customer.
Items must be returned on time as per the above clause, unless express permission is given to the Client by AV Xpert to return items late, in which case a new agreed time and date will be arranged for the return of equipment. Any new agreed return times must then be adhered to.
If equipment is not returned by the return time on the date specified in the Rental Agreement, a late return fee shall apply. Late return fees will be calculated on a weekly basis at 150% of the usual 1-week hire rate for each item that is not returned on time. Late return fees shall continue to apply on a per-item basis until each item is returned.
Suitability of Equipment, Suitability of Venue and Access
AV Xpert shall not be held liable under any circumstances for the inability of the Client to make full use of the services or equipment being hired. It is the responsibility of the Client to ensure that the services and equipment hired will be suitable for the required task and fit for purpose.
When hiring equipment without a technician from AV Xpert, the Client accepts full responsibility for the complete understanding of how to operate the hired equipment correctly and safely. AV Xpert provides a technical support service over the phone, that is available between the hours of 8am and 10pm, should the client encounter any issues relating to user error, however AV Xpert will in no way be held responsible for any loss or damages caused by incorrect or improper use of equipment by the client.
The Client must ensure that the venue in which the equipment is to be used, permits the use of the equipment that is to be hired on the premises, and must ensure that the venue is suitable for the use of such equipment.
The Client will appreciate that suitable time for venue access, safe installation and safe dismantling of equipment and subsequent removal of equipment is required. It is the responsibility of the Client to ensure access to the venue within a reasonable time period before guests arrive, for safe installation of equipment, and that reasonable time remains after the event, for subsequent safe dismantling and removal of equipment. The Client must ensure that there is suitable access to the venue, ensuring that safe loading of equipment in and out of the venue is possible.
The Client must ensure that there is access to a 230v mains electricity supply with British English 13A power sockets within 15 metres of the installation area, unless a generator has been hired from us or provided elsewhere, in which case a suitable location for the generator must be chosen by the Client. A suitable area for a generator must be a well-ventilated, outdoor area, not within the reach of the general public or guests, within a distance of 50m of the installation area.
The Client appreciates that there is a minimum floor area and ceiling height required for the setup of equipment in the venue and it is the responsibility of the Client to ensure that adequate space is available. AV Xpert will provide dimensions for specific items of equipment upon request, if such information is needed, but it remains the responsibility of the Client to ensure that there is sufficient space for the intended equipment to be set up safely.
Where AV Xpert are delivering or collecting equipment, the Client must ensure that there is suitable access to the venue, ensuring that there is a car park within 30 metres of the venue door. The Client must notify AV Xpert if there are any steps between the car park and the location where equipment is to be set up, or if the use of a lift is required in order to access the area in which equipment is to be set up.
Owing to the extra efforts involved with carrying equipment upstairs, there will be an extra charge, as follows if there are stairs leading to the set-up area: No charge for up to five steps, £10 for between five and ten steps, £20 for between eleven and 20 steps, £30 for between 21 and 30 steps.
In the event that there are more than 30 steps between the car park and the set-up area, AV Xpert reserves the right to cancel the services, or provide a reduced set-up with full payment still required.
If the use of a lift is required to access teh set-up area, the internal dimensions of the lift and the dimensions of the opening must be provided to AV Xpert at the time of order, so as to ensure that all equipment will be able to be delivered to the set-up area.
No compensation may be sought by the Client should equipment be unable to be used under any such circumstances where the above terms and conditions from this section are not adhered to by the Client.
Outdoor Use of Equipment
Apart from equipment which is specifically rated for outdoor use by the manufacturer, unless otherwise agreed by AV Xpert, all equipment is permitted solely for indoor use.
AV Xpert may consent to the use of equipment in an outdoor environment, provided that it is deemed to be safe. Agreement between AV Xpert and the Client must be arranged prior to the Client using any equipment that is not expressly rated for outdoor use, in an outdoor or particularly humid environment (such as an indoor swimming pool). It is the responsibility of the Client to ensure that adequate protection from rain or damp conditions is provided for AV Xpert's equipment, to protect the equipment from damage, and to ensure the safety of the user and all persons present at the event.
If AV Xpert should discover that equipment is at risk from damage due to adverse weather conditions, where the Client has made insufficient provision to protect equipment from wet or damp conditions, AV Xpert reserves the right to terminate the contracted services early, with full payment still required. Fees shall apply for any damages to equipment from adverse weather conditions, as detailed in the below section, Damage to Equipment.
Damage to Equipment and Loss or Theft of Equipment
The Client agrees that compensation may be sought for damage incurred to AV Xpert's equipment, vehicles or personal belongings arising from negligence or wilful action by the Client, the Client's guests or any other persons present (whether invited as a guest or not). The Client shall be held liable for any damage incurred to equipment whilst equipment is in the possession and care of the Client.
It is the responsibility of the Client to ensure that all equipment provided on hire to them from AV Xpert is covered under a hired in equipment insurance policy, in the Client's name, to cover the full brand new replacement cost of all items on hire, in the event of loss, theft or damage. We are able to provide replacement costs upon request.
Where damage has occurred to equipment, the Client shall be responsible for repair costs of the equipment concerned for up to but not exceeding the full replacement cost of new items of equipment concerned at current market value. Where repair/ replacement costs are incurred, an administration fee of up to £40+VAT may also be charged to the Client in addition to any repair or replacement costs.
When equipment is released to the care of the Client, the Client will be required to sign a Delivery Note, which will state any pre-existing damage to equipment. If such note is not signed, it will be assumed that all items released to the care of the Client are in excellent condition. Equipment will be assessed for damage upon return from hire before it is re-stocked in our Warehouse, and if any items are discovered to have suffered from damage or significant scratches (excluding minor cosmetic marks), AV Xpert will inform the Client immediately and may seek compensation as detailed above.
Damage charges may be collected by means of retaining any security deposits paid by the Customer, but should such charges be larger than the value of any securities taken, an additional invoice will be raised to the Client, payable within 14 days of invoice date. AV Xpert reserves the right to charge late payment fees and interst on any outstanding monies owed as per these terms and conditions. Details of such fees can be found in the latter section, Payment.
Any equipment hired by the Client that is not returned at the end of the hire period, or that is no longer apparent in the area that it was left by AV Xpert (if AV Xpert delivered and set up the equipment), will be considered as lost or stolen, if the Client is not able to ensure the wheareabouts of such equipment and return the equipment within 14 days of the end of the hire period. The full replacement cost of lost or stolen items will be charged at current market value along with an administration fee of up to £40+VAT.
Replacement or Repair charges may be collected by means of retaining any security deposits paid by the Customer, but should such charges be larger than the value of any securities taken, an additional invoice will be raised to the Client, payable within 14 days of invoice date. AV Xpert reserves the right to charge late payment fees and interst on any outstanding monies owed as per these terms and conditions. Details of such fees can be found in the latter section, Payment.
Use of Equipment
Equipment shall be used for the sole purpose for which it is intended by the manufacturer. Equipment must not be modified or misused in any way.
All equipment remains the property of AV Xpert throughout the entire period of hire. The Client shall not lend or sub-hire equipment to any third party without first gaining permission from AV Xpert.
It is the responsibility of the Client to ensure the safety of all persons who may come in close proximity to the equipment whilst it is in the possession and care of the Client. To reduce potential danger, the Client must complete a method statement and full risk assessment for all stages of handling equipment, including: transportation, installation, operation, and dismantling of equipment. Method statements and risk assessments must be completed in advance of handling and using equipment, particularly before installing and using the equipment in any public place, so as to identify and address any possible risks to the public or guests at an event, to ensure the safety of all persons present.
AV Xpert will not be held responsible for any damage, loss or injuries incurred by the Client or any third parties due to the misuse or improper handling, operation or installation of the equipment hired. Sample Risk Assessments and Method Statements can be obtained from AV Xpert upon request, but it is the responsibility of the Client to ensure that they are tailored to and relevant to the specific tasks and environment to which the setup is concerned.
AV Xpert will not be held liable for any damage incurred from any residues left behind from, or spillages incurred during the use of Snow, Smoke, Haze, Dry Ice, Foam or Bubble Machines. It is the responsibility of the Client to ensure that such machines are operated at a safe and moderate level and in an appropriate location, to ensure they do not leave any damaging residue or cause spillages. Any such residue or spillages that may occur are the sole responsibility of the Client.
Continuation of Services Beyond the Stated Finish Time
AV Xpert will carry out the services as documented on the quotation between the contracted times as stated on the quotation, or as agreed in advance in writing or via electronic recorded means of communication. Should the Client ask for services to be continued beyond the stated finish time, this can be arranged with agreement from all AV Xpert Employees or Representatives present who are carrying out the Service. This will be charged at the current standard service rate, however an additional continuation of service fee of up to £20/hour per technician may be charged.
Safety and Conduct at Events
As the Client, you agree to provide adequate supervision of guests at all times and agree to be held responsible for the actions and conduct of all persons attending your event, whether invited or not. We reserve the right to offer our services in a safe environment, and should any AV Xpert personnel feel that they are under threat from any physical or verbal abuse, we reserve the right to terminate the service early, and leave with full payment still required.
Potentially Hazardous Equipment
The Client must be aware of the associated risks of using the equipment that they have hired from us, and agrees to take the necessary preventative measures to ensure the safety of all persons at the event, as detailed under the section, Use of Hire Equipment. The following equipment may pose a greater than average risk, and as such, preventative measures are suggested for said equipment: Smoke machines may cause asthma attacks - advanced warnings should be given to guests, and the device should not be used if it is believed that it may cause an asthma attack. Strobe and Laser lighting may cause people with epilepsy to suffer from seizures - advanced warning must be given to guests and equipment should not be used if it is known that persons suffering from such conditions are present. Bubble and Snow machines may leave residue on the walls, floor and ceiling of the venue - check with the venue that they are permitted for use prior to selection – these residues may also cause surfaces to become slippery, and as such, advance warning must be given, and clear signage must be placed at the location of use, describing potential slip hazards. Dry Ice Machines must only be operated by trained personnel – The extreme cold temperature of dry ice means that it must only be handled by trained and experienced personnel and thermal insulating gloves must be worn at all times when handling dry ice. Dry ice machines may only be used in well-ventilated areas.
Payment
Credit/ Debit Card and BACS Transfer are the only regularly accepted methods of payment. Cheques may be accepted under special circumstances with prior agreement from AV Xpert.
Our Terms of payment are usually stated on invoices issued to you, but if no terms are given on such documentation then payment will be required in full before any equipment is released to your care.
All goods provided for sale remain the property of AV Xpert until paid for in full and all goods provided for rental remain the property of AV Xpert indefinitely.
Any Monies payable to AV Xpert by the Client that remain outstanding beyond their due date shall be subject to interest charges at a rate of 8% above the Bank of England Base Rate, until such time as the balance is paid in full, in accordance with the Late Payment of Commercial Debts Act 1998. Interest will accrue on a monthly compound basis. In addition to this, the Client may be subject to the payment of a late payment fee of £20+VAT.
AV Xpert reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, the Client shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, AV Xpert reserves the right to terminate the arrangement and, if agreed to, shall insist on future cash transactions only.
Consequently, all current and future bookings, reservations and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Unless other payment terms have been agreed, a deposit payment of 30% shall be required at the time of booking. This must be paid within 7 days of receipt of deposit payment request, in order to secure the reservation and guarantee availability of equipment for the duration of hire.
Unless other payment terms have been agreed, the remaining balance must be paid in advance of any equipment being releassed to your care. Payment for the remaining balance can be paid upfront if preferable, or at any stage in advance of the hire date.
The Client agrees that the total amount due for services will be the agreed price stated on the quotation, plus the cost of any other charges as detailed in these Terms and Conditions – herein after referred to as the ‘final amount’. Payment of the final amount must be made before any equipment is released to the Client. AV Xpert reserves the right to cancel the services if the final amount is not received in full, and may still seek to recover the full amount. In the event of the Client breaching any part of these Terms and Conditions, AV Xpert reserves the right to cancel or withdraw the services, with full payment of the final amount still applicable.
Credit Accounts
Goods and services are supplied on account to approved account holders only, who have successfully completed an account application form and have been accepted for credit subject to any checks deemed necessary. Credit Terms are usually stated on all invoices, but if not present, our standard credit terms for approved account holders are 30 days from date of invoice. Invoices will be raised on the first day of the hire period, once equipment has been released to the Client's care. AV Xpert has the right to review the Customer's credit account status, suspend and/or terminate the account and raise or lower the credit limit without notice and for any reason.
Lapsed accounts may be terminated without notice. In the event of default from our terms and conditions, AV Xpert shall be entitled to recover compound interest at the rate of 5% per month on outstanding debt to the date of payment. The Company may offer a settlement discount (Prompt Payment Discount – PPD) allowable only if payment is received strictly within the settlement period and all previous invoices are cleared in full. PPD applies to the whole invoice including carriage and VAT. In accordance with HMRC PPD legislation the Customer is required to account for the VAT proportion of the VAT taken.
In addition to AV Xpert’s own dedicated credit control procedures, we may use the services of a third party debt collection agency. Bad or doubtful debts or overdue accounts will be passed to the debt collection agency at our discretion. AV Xpert will make reasonable endeavours to notify the Customer, prior to such action being taken. Debts passed to the debt collection agency will incur additional costs and interest from the outset.
Cancellation and Postponement Policy
Minimum 24 hours notice of cancellation is required. Notification for instance, via email, mobile phone ‘text message’ or any other physical/ electronic means will be accepted subject to confirmation by email or in writing (by post). We are unable to accept cancellations by telephone.
In the event that the Client wishes to make a cancellation, depending on the closeness of the confirmation of cancellation to the date of the hire/installation/event to be cancelled, the below charges will apply: A cancellation of services within 1-28 days of the hire/installation/event date shall result in a 50% charge of the final amount being levied. If the Client has already paid the full amount, the Client will receive a refund of 50% within 14 days of us receiving written confirmation of cancellation. Cancellation fees do not apply to approved credit account holders.
In the event of a cancellation of services more than 28 days in advance of the hire/installation/event date, there shall be no cancellation charges, however the minimum deposit amount for the booking remains non-refundable and will not be returned. Under such cicumstances, any deposits paid can be used as payment against one single future hire that must be booked and taken within 2 years of the original hire date. If the value of the future hire is less than the total value of the deposit amount in question, the remaining value will be retained by AV Xpert.
In the event that a Customer needs to postpone a hire due to unforeseen circumstances, AV Xpert will not provide refunds for any monies already paid, but will use any payments already made as payment against the future hire date. The Client must inform AV Xpert of the rescheduled dates within 1 year of giving notice of postponement, and the new hire dates must be no more than 2 years later than the original hire dates. New hire dates are provided subject to availability of equipment and staff and the Client accepts that no refunds may be sought should the Client wish to cancel their event following an initial postponement of the event.
Cancelations or postponements can only be accepted in writing, sent by post addressed to: AV Xpert, Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA, or by email, addressed to: orders@avxpert.co.uk.
In the unlikely event that AV Xpert are unable to attend your event in order to provide Set-up, Delivery, Technician services or any other services, due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, AV Xpert will endeavour to provide a suitable substitute of similar standards for your event. Whilst every effort will be made to supply a replacement, AV Xpert cannot guarantee this, and in such cases, the Client shall receive a full refund for any services not carried out, and may seek to claim compensation to a maximum value, not exceeding the total contracted value of services not carried out.
AV Xpert will not be held liable for non-fulfilment of contract by any contracted artiste. Under these circumstances only the contracted artiste will be held liable for up to and no more than the contracted amount.
AV Xpert shall have the right to cancel services should it be deemed that the Client has not fully adhered to these Terms and Conditions. Under such circumstances, the Client may still be liable to pay the final amount less any deposits received. The deposit remains non refundable under all circumstances.
Cancellation fees, as described above in this section, must be paid within 7 days of the date of cancellation. If payment is not received within this time, the outstanding monies will be subject to the same interest charges and late payment fees as described in the Payment Section of these Terms and Conditions.
Availability and Location
Unless otherwise stated, the services featured on this quote are only available within the United Kingdom, or in relation to postings from the United Kingdom. Delivery and Collection loccation and addresses must be arranged and provided in advance of acceptance of the quotation, and should the Client wish to change the Delivery times, dates or Locations, this can only be done subject to approval from AV Xpert, and subject to any additional fees that may be required to cover any additional costs associated with the change of details.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of AV Xpert or the Client's control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
