TERMS & CONDITIONS
Hire terms and conditions
We are DM Audio Ltd, 7/1 Newhailes Industrial Estate, Newhailes Road, Edinburgh, EH21 6SY. If we agree to hire any goods, components (“The Equipment) or services to you this will be subject to the following terms and conditions.
Definitions and Law
“the Company” Means DM Audio Ltd
“the Equipment” shall mean all items of equipment, components, services and any other items hired or sold, included or implied whether specified or not by DM Audio Ltd or any part thereof and accepted by the customer.
“Hire” This expression refers to the arrangement to use equipment supplied by DM Audio Ltd at an event provided either with crew by the Company or as a Dry Hire. The period can be for any length of time from one or more days and rates applied may be quoted as ‘the Hire Charge’ or ‘the Daily Rate’, or ‘the Weekly Rate.’
“Personnel” Employees of the Company supplied as part of the service at the request of the Client to provide some or all of these services: to deliver and/or collect, install, operate, maintain or derig the equipment.
“the Client” is the person, company, corporate or public body who has ordered and/or accepted the equipment and/or services from DM Audio Ltd.
“Hire Period” means the period starting on the date that the Equipment is delivered to, or made available for collection by, the Client and ending when the Equipment is returned to, or collected by, DM Audio Ltd.
“the Production Service” means the services requested by the client such as event production and management; creative content design; audio and video recording, editing and streaming; sound design and operation; lighting design and operation; stage design and build; power distribution; stage management; site management and other technical services.
“Governing Law” These terms and conditions and the contract for the hire of the Equipment are governed by Scots law and are subject to the exclusive jurisdiction of the Scottish Courts.
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 Any order or instruction given to the Company or Crew by the Client or on the Client's behalf shall be deemed to be the instructions of the Client, whether verbal or in writing. The Company shall not be liable for any misunderstanding arising from any order or instructions not confirmed in writing before the event. The Client shall be responsible for any instruction made by the Client or its agents to any Crew.
1.3 We reserve the right to decline some or all of your order for any reason.
1.4 We cannot be held responsible for any issues caused by circumstances outside our control. This includes but is not limited to equipment failure, broadband or mobile data speed/failure/availability, audio/visual/radio interference, weather, adverse lighting, noise issues and restrictions imposed by venues.
2.1 We will provide you with a quotation stating total costs for the Equipment including installation, delivery or other applicable charges. We will also provide you with a set of these terms and conditions.
2.2 Any verbal quotation given by the Company or Crew is not binding unless confirmed by the Company in writing.
2.3 The contract between us will be formed when you advise us that you accept the quotation and place the order or upon the issuing of a sales invoice by DM Audio Ltd.
3.1 Our Hire charges and all other applicable charges will be as shown in the quotation. The quotation will also show the date the charges will start from and the period of the Hire.
3.2 Hire charges are calculated from the date of collection/delivery to the date of return to The Company. Availability and prices of Equipment may vary from our rate card or as advertised on our website and cannot be guaranteed for periods of extension. Permission for extending the Hire Period may be granted on request but cannot be assumed.
3.3 All projects begin with an estimated cost for the work that needs to be carried out. All estimates are based on the brief given by the client. Any changes to the scope of a project, at any stage, may incur additional charges.
3.4 You should return all Equipment to us no later than 12 noon on the date shown on the quotation unless otherwise agreed in the contract and all Equipment should be clean and in good working condition.
3.5 We reserve the right to impose additional charges at the full daily rate along with any consequential losses for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.6 You agree to reimburse us for all costs in connection with cleaning, repairing or replacing Equipment not returned in clean and good working condition and will be liable for charges at the daily rate shown in the quotation for the period of such repair or replacement.
3.7 Where cables are returned to us not properly coiled and taped and/or with rigging tape still attached, an additional charge of £1 plus VAT per cable will be charged.
3.8 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the Hire of the Equipment.
3.9 Spares are provided with certain items of Equipment including but not restricted to valves, fuses and lamps. These and any items they replace must be returned with the equipment at the end of the Hire Period. Should you fail to do so their full replacement cost will be charged.
3.10 The Company reserves the right to charge the Client for hours worked by the Crew supplied by The Company in excess of their ‘standard working day’. It is understood that the ‘standard working day’ may vary according to the nature of the hire and event locations, but it is the responsibility of the Client to agree these terms in advance of the Hire. Where equipment is loaded or despatched from The Company or returned to The Company outwith our normal business hours, this may incur an overtime charge for personnel at The Company’s warehouse.
4.1 You will not be entitled to cancel the contract once the Equipment has been uplifted, delivered or service commenced, unless we agree to such cancellation.
4.2 All cancellations by The Client must be notified to The Company at the earliest opportunity and confirmed in writing. In the event of cancellation the following charges will apply:
4.3 15 days or more prior to the beginning of the Hire or service – no charges payable by the Client (with the exception of any non-refundable deposit)
4.4 Between 8 days and 14 days prior to the beginning of the Hire or service – 25% hire charge payable by The Client
4.5 Between 3 days and 7 days prior to the beginning of the Hire or service – 50% hire charge payable by The Client
4.6 Less than 3 days (72 hours) prior to the beginning of the Hire or service – 100% of hire charge payable by The Client
4.7 In any event if you cancel, reschedule or delay your project we reserve the right to charge for any work undertaken but not yet billed for, even if not complete, as well as for any direct costs incurred.
4.8 If the accepted service is suspended after commencement by the Client, then the remaining chargeable period will be recalculated based on the availability and prices at the time. This may be greater or less than the price originally agreed.
4.9 Postponement of an agreed date shall be regarded as a cancellation.
5.1 Payments must be made in full by cleared funds prior to checking out, unless the Client has set up an account with The Company, in which case payments will be made according to the terms of the account and as stated on the invoice. The payment terms will be agreed in advance and specified on the invoice.
5.2 Where payment is not made by the due date specified in the invoice we shall be entitled to charge interest on the outstanding amount at the rate of 5% per annum above the base rate of the Bank of Scotland plc, accruing daily, until payment is received. In addition, where any discounts are offered or negotiated, any entitlement to discount will be forfeited if accounts are not paid by the due date.
5.3 Non-account customers (i.e. Clients required to pay for rental in full prior to any Hire) will be required to leave a cleared deposit of £200 & VAT by debit card, bank transfer or cash which will be refunded on the return of Equipment. In addition they may also be required to leave valid debit or credit card details with The Company as a guarantee in the event of loss, damage or late return. Card details must be valid beyond the agreed hire finish date.
5.4 The Company reserves the right to charge the Client the full replacement cost relating to any lost Equipment. The Client will have 7 days to return any lost equipment before any charge is taken. If the Equipment is returned within the 7 days a charge will be taken for the additional Hire Period. The Client accepts that such a charge will be taken in these circumstances and agrees to ensure that sufficient funds/credit limits are available on the submitted card.
5.5 Non-account customers are required to provide two forms of identification, one of which must be photographic, such as a driver’s licence or passport. They must also provide a utility bill which matches the invoicing address. A copy of these documents will be made and kept on file for the duration of the Hire Period.
6.1 All goods must be signed for by an adult aged 18 or over.
6.2 Equipment will be delivered in good working order. Unless notice is received to the contrary as soon as reasonably practicable, and in any event no later than within 24 hours of delivery, Equipment will be deemed to be in good working order except for defects not detectable by reasonable examination.
6.3 Our estimated time for delivery will be agreed in writing. We will endeavour to deliver to these estimates but occasionally, despite our best efforts, delays can occur. We will not be liable for any delay or failure to deliver within such estimated timescales.
6.4 The Company reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines and waiting time.
7.1 Installation charges will be shown in the quotation. We may wish to carry out a free site inspection before installation and you agree to allow such access as we reasonably require for this purpose.
7.2 Where we are unable to carry out installation through error or fault on your part we reserve the right to charge for our time at the rates shown on the quotation.
8.1 The risk in the Equipment will pass to you upon delivery or installation or, where you choose to uplift The Equipment directly, at the moment of uplift.
8.2 The Client assumes full responsibility for the Equipment from the time of checking out until checking in to The Company. The Client is responsible for the safe keeping of Equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The Client is responsible for providing suitable and adequate security arrangements for the safe keeping of the Equipment during the period of Hire. The Client must take all necessary steps (at its own expense) to retain possession and control of the Equipment and in the event of losing possession or control will take all necessary steps to recover the Equipment.
8.3 Items of Equipment are not to be used, and the Client will not permit them to be used, for any purpose for which they are not expressly designed, beyond capacity or in any manner likely to result in the deterioration of the Equipment.
8.4 Equipment is not to be altered or modified in any way without the prior consent of The Company.
8.5 Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of The Company.
8.6 The Client must, on request, advise The Company of the location of the Equipment during the period of Hire and of any changes in the location.
8.7 The Client must notify The Company of any damage to, failure of or defect in any Equipment within 24 hours of occurrence. The cost of replacing or repairing the Equipment will be borne in full by the Client. Equipment lost, damaged or modified will be charged for at full hire rate until the loss is settled in full, which includes future booked hire revenue lost by The Company. Should The Company be required to sub-hire Equipment to temporarily replace the lost, damaged or modified Equipment, this cost will be borne in full by the Client. The Client must continue to pay the Hire Period charges in respect of Equipment during reinstatement or repair.
8.8 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the Hire is delayed for this reason we reserve the right to charge at the daily rate shown in the quotation during the period of delay.
8.9 DM Audio Ltd shall not be held liable for any damage incurred to a customer vehicle when loading/unloading or for the safe and secure loading of their vehicle.
9.1 Without prejudice to any liability of the Client to The Company, it is a condition of hire that the Client takes out adequate insurance to cover the Equipment hired. This insurance must cover the Equipment hired for its full reinstatement value on an “all risks” basis and cover any alternative and continuing hire charges incurred for a minimum period of 12 weeks. This insurance must be enacted with a reputable insurer for the full duration of the Hire with The Company noted as direct loss payee in respect of the Equipment hired. The Company will, at its sole discretion, charge the Client for any Equipment lost, stolen or damaged as described in section 10 below (Responsibilities of the Client) whether or not this is covered by the insurance policy taken out by the Client. The Company reserves the right to see evidence that the Equipment is adequately covered by a suitable policy, prior to checking out the Equipment. However, this does not reduce the liability of the Client for uninsured losses. The Client shall indemnify The Company against all loss or damage to the Equipment not recoverable under the policy of insurance.
10 Responsibilities of the Client
10.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the Hire. This includes ensuring that the Equipment can safely be used with any other equipment which you use.
10.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the Hire is instructed in the safe and proper operation of the Equipment.
10.3 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
10.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost, stolen or damaged beyond economic repair, and insure the Equipment against such liability.
10.5 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
10.6 When Equipment is supplied without Crew (Dry Hire), it is supplied on the understanding that it can be competently installed and operated by the Client. No liability will be accepted by The Company for any damage to persons or property whilst the Equipment is on Hire to the Client.
10.7 When Equipment is supplied without Crew (Dry Hire) and it requires specialist technical knowledge or qualification for the safe and effective installation and/or operation, the Client will be required to undertake that competent personnel are employed. Where such an undertaking cannot be made, at the sole discretion of The Company, competent Crew will be supplied by The Company and charged in addition to the Hire rate.
10.8 Unless otherwise agreed in writing it is the sole responsibility of the Client to obtain the appropriate Licences such as, but not limited to, Radio Frequency Licence, Copyright, PRS or PPL prior to using any sound or visual reproduction equipment hired from The Company.
10.9 The Client undertakes to secure all copyright and any other appropriate licences, clearance or consents where required for the content and materials to be used during the Project.
10.10 The Client agrees to indemnify The Company against any claims, damages, losses, costs and expenses which it may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights
10.11 This clause 10 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.
11 Safe Working Provisions
11.1 Personnel supplied by The Company must not be prevailed upon to act in any manner which is contrary to the method statements, risk assessments and codes of conduct issued by The Company.
11.2 It is the responsibility of the Client to ensure there is adequate and safe access to a performance site. We reserve the right not to deliver Equipment where we believe access to be unsafe. It is the responsibility of the Client to inform The Company of any access issues and where possible take appropriate measures to reduce risk to our Crew and Equipment.
11.3 It is the Client's responsibility to ensure provision of a safe, consistent and adequate electrical power supply. Equipment damaged due to an unsuitable power supply shall be repaired or replaced at the expense of the Client.
11.4 High Sound Pressure levels can cause irreversible hearing damage. Equipment provided by The Company can and does produce high enough sound pressure levels to cause hearing damage. The Company cannot accept liability for any individual's failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the Client to ensure the safety, with regards to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.
12.1 You agree to properly maintain the Equipment during the period of the Hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
12.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to clause 12.1) to us. Under no circumstances should you proceed to repair any item of Equipment without our prior approval.
12.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in terms of clause 12.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the Equipment could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse, wear and tear, accident or neglect.
12.4 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
12.5 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
13 Creative Design
13.1 Where the Client requires The Company to provide original creative design work the copyright of such shall be the property of the Company in accordance with the Copyright, Designs and Patents Act 1998. The Company shall grant to the Client, at no additional charge, a license to reproduce the images in any quantity and in any part of the world.
13.2 The Company has the right to use this creative design work - without seeking permission from the Client - as part of its promotional material.
14 Liability and Indemnity
14.1 To the fullest extent permissible under Scots law, we will not be liable for any losses you incur arising out of or in connection with the Hire of the Equipment or provision of Services.
14.2 Notwithstanding the terms of clause 14.1, in the event that we are held liable for losses which you have incurred arising out of or in connection with the Hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.
14.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment
14.4 If you are a consumer, this clause 14 does not affect your statutory rights.
14.5 Force Majeure: The Company is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, natural disasters and epidemics, pandemics or any public health emergency of international concern as so declared by the World Health Organisation, the UK Government or the Scottish Government (“Force Majeure Event”).
15 Termination of Hire
15.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which in our reasonable opinion suggests that your solvency is in doubt.
15.2 Where the provisions of clause 15.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
16 Governing Law
16.1 These terms and conditions and the contract for the hire of the Equipment are governed by Scots law and are subject to the exclusive jurisdiction of the Scottish Courts.