Joe Average Sound Systems Standard Hire
Terms and Conditions
a. ‘Joe Average’ shall mean Joe Average Sound Systems.
b. ‘The Hirer’ is the person, firm, corporate, or organisation hiring the equipment and services. Any person purporting to act on the behalf of the hirer shall be bound by this agreement.
c. ‘The Agreement’ is also described as ‘The Contract’ and is documentation detailing, specification, schedules, fees, terms and conditions agreed to by Joe Average and the hirer.
d. ‘Consequential Loss’ shall mean loss of profits, contracts or other consequential loss or damage whatsoever.
e. ‘The Hire Period’ is also described as ‘the event’ shall mean the entire time the equipment is in possession of the hirer or at the event site or venue, it includes installation, dismantling, performance and other time including overnight.
f. ‘The Equipment’ shall mean goods, components and other items provided for hire or sold by Joe Average.
g. ‘Services’ shall mean tasks undertaken by Joe Average staff in relation to the preparation, planning, delivery, provision, installation, operation, management, maintenance, dismantling of the equipment of Joe Average.
h. ‘Staff’ shall mean any employees, sub-contractors or other authorised representatives of Joe Average.
i. ‘The Event Site or Venue’ shall mean the location at which the equipment is to be delivered, installed and/or used.
j. ‘The Fee’ shall mean the complete agreed price to be paid by the hirer to Joe Average to provide the agreed equipment and/or services.
2. The Hire Agreement
a. Joe Average will provide as agreed with the hirer the equipment and/or services listed in the attached or provided quotation/proposal or hire agreement, together with (if included) the services of its staff.
b. The Hire Agreement is a contract and 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.
c. The Agreement is subject to these standard terms and conditions to the exclusion of any other terms and conditions unless agreed to in writing or stated in the quotation, proposal, contract or other written communication.
4. Equipment and Services
a. Joe Average endeavours to ensure that all equipment let on hire to the hirer is sound and in good order and condition at the time of delivery to the hirer but it shall be the responsibility of the hirer to ensure that the equipment is fully suitable in all respects including type and condition and that it is and remains satisfactory for the purpose which it is hired.
b. The hirer shall strictly observe any advice and instructions given and will not make use of the equipment outside of the agreed times and dates set out in the hire agreement.
c. Only persons approved by Joe Average or its representative may operate any equipment provided by Joe Average.
d. Joe Average reserves the right to remove any person or prohibit the use by any person of any of its equipment.
5. Confirmation of Order
a. The signatory on the agreement contract warrants that they are duly authorised on the hirer’s behalf to enter into the agreement contract and hereby personally indemnifies Joe Average against all losses, and costs that may be incurred by Joe Average if this is not the case.
b. Any order or instruction required to be given to Joe Average by the hirer shall be given by them or their duly authorised agent in writing.
c. Any subsequent additions to the order by the hirer should be provided in writing, if given orally it shall be confirmed to Joe Average in writing as soon as possible but no later than within three days.
d. Joe Average will not be liable for the consequences of any omissions, delays, inaccuracies, or misunderstandings resulting from any order or instructions by the hirer not received by Joe Average in writing or so confirmed.
a. A representative of the hirer will meet the Joe Average delivery/installation personnel upon arrival and liaise with them at the commencement and throughout installation.
b. The hirer shall make it clear upon arrival the exact location(s) and orientation where equipment is to be parked, located, installed.
c. Joe Average shall endeavour to but not guarantee to arrive at the site or venue at the agreed time for delivery or collection, should their arrival be delayed Joe Average shall endeavour to contact the hirer and inform them of the anticipated arrival time as soon as any delay becomes evident.
d. The hirer shall ensure Joe Average vehicles can gain access to the site or venue without delay upon arrival. Any restrictions to the site access times should be notified to Joe Average in advance of the event.
e. Delay or failure to gain access to and from the site/event could result in additional costs or consequential losses to Joe Average, which shall be charged to the hirer if the hirer has not provided access as agreed.
f. Failure to provide access shall be deemed as failure to take delivery by the hirer and not a failing by Joe Average.
7. Access to the Site or Venue
a. There will be access to the site/venue for our vehicles and access from the main carriageway of suitable dimensions and load bearing capacity with legal and safe conditions for the vehicles provided by Joe Average to access the location where the equipment is to be delivered/collected, parked, installed/dismantles and/or used. Access routes can be by means of permanent or temporary roadway of suitable capacity and dimensions. Consideration should be given to adequate space for turning of large vehicles.
b. There will be suitable and safe location for unloading/loading and parking of the required vehicles.
c. Joe Average will supply on demand all technical details to enable the hirer to provide or obtain such access.
d. It is the responsibility of the hirer to ensure the site and access is suitable, where vehicles are required to drive off hard roadways, the hirer should make suitable provision for immediate recovery/towing of vehicles should they become stuck or immovable.
e. Joe Average reserves the right not to attempt to traverse terrain which in the opinion of the senior Joe Average representative on site is not safe or may lead to unacceptable damage to the equipment or vehicles.
f. If the vehicle/equipment fail to gain access or be unable to leave the site due to adverse site conditions it is the responsibility of the hirer to provide suitable recovery with immediate effect at no cost to Joe Average, and all contract monies remain due and any additional costs incurred are deemed payable.
g. Any costs incurred to Joe Average for vehicle repairs, recovery, site/venue damage and consequential losses due to inadequate, adverse or unsuitable site conditions and/or inadequate assistance (as per 7d) and/or failure to gain access to the site/venue shall be charged to the hirer.
h. The hirer shall provide (at no cost) Joe Average with suitable passes of the quantity requested by Joe Average and/or procedures to facilitate access by our staff and vehicles to the site/venue and the equipment provided at any time for unlimited duration without restrictions or prior appointment within the hire period time.
i. Joe Average agrees not to misuse or re-sell any passes or tickets provided by the hirer without the consent of the hirer.
8. Event Sites \And Venues
a. It is assumed that delivery, installation, de-rig, collection and any other aspect will be straight forward unless we are made aware prior to the event that this is not the case.
b. The Hirer is responsible for ensuring the site/venue is fully prepared, suitable and safe for the erecting, use of and dismantling of the equipment provided.
c. Joe Average will upon demand provide technical information to enable the hirer to provide a suitable site/venue.
d. It is assumed the ground conditions are safe and of suitable load bearing capacity, there are no restricted size access routes or doorways, no stairways or small elevators and no unsafe conditions or working restrictions of any kind.
e. There shall be a very short carry distance (less than ten metres) between delivery vehicle and the installation location unless Joe Average agrees this is not required.
f. The Hirer shall indemnify Joe Average against all expenses, costs, claims, consequential losses, damage or liability to which Joe Average may become liable or subject to due to the site/venue being unsuitable or unsafe for: installation of the equipment, use or dismantling of the equipment and/or use of any vehicle required to deliver and install/remove the equipment.
g. Most stages and some other structures require anchorage or ballast. Anchorage normally requires inserting metal stakes into the ground, stakes will insert into the ground up to 1.4 metres. The Hirer undertakes to check the location of any underground pipes, cables etc., at the location where the equipment shall be installed.
h. The Hirer shall ensure the location of any underground services or hazards are clearly marked and the Joe Average on site staff is made aware of them prior to the start of installation.
i. If ground stakes cannot be used Joe Average should be notified well in advance of the event.
j. Joe Average shall inform the hirer in writing if a requirement for provision of a suitable water supply and waste disposal is needed; if this is the case provision shall be made by the hirer at no cost to Joe Average unless otherwise agreed in writing.
k. The Hirer shall take any precautions required to prevent or minimize damage to the ground at the site during installation, use and dismantling of the equipment.
l. The Hirer will be responsible for any collection and removal of litter, waste and other such items from the site/venue.
m. Joe Average will not be held liable for any damage to the grounds and/or underground services and any costs incurred for reinstatement and/or repairs at the event site or venue.
9. Staff Welfare
a. The Joe Average staff/representative allocated will often work flexible hours unless agreed otherwise. The Hirer should inform Joe Average well in advance of the event about any restrictions to working days/times/durations. Costs for additional staff provided as a result of working time restrictions could be charged to the Hirer. The Hirer is required to provide suitable sanitary facilities and basic refreshments for use by the staff provided by Joe Average throughout the period they are on site.
b. Joe Average may request for provision of refreshment and meals for its on site staff – This shall be requested prior to the event.
c. Joe Average may request for provision of suitable accommodation for its on site staff – This shall be requested prior to the event.
10. Security of the Equipment on Hire
a. The Hirer undertakes to make all necessary arrangements to protect the equipment throughout the hire period (including overnight) from vandalism, theft and other risks.
b. The Hirer will be responsible for ensuring the security of the equipment is satisfactory to Joe Average and provide on demand details of the security arrangements, unless otherwise agreed in writing with Joe Average.
c. Security requirements will include appropriate provision of security staff and fencing and/or barriers to restrict or prevent unauthorised access to the equipment throughout the hire period.
d. Fencing and Barriers provided should be suitable for the purpose and be able to withstand the expected forces; in particular barrier used in front of staging should be suitable for this purpose.
e. Outdoor stages provided by Joe Average should not be left unattended at any time.
f. Our staff may require access to the equipment at any time and suitable provision should be made by the hirer.
g. Often Joe Average staff may camp on site; this does not however effect the requirement for security provisions by the hirer.
h. Joe Average reserves the right to charge the hirer for equipment stolen or vandalised during the hire period.
11. Safety and Security of Other Items
a. Joe Average will not be responsible for the safety or security of any possessions or equipment provided by others.
b. Any items left on, or in the vicinity of the equipment is done so at the owners’ risk.
12. Siting the Equipment
a. It is the hirers’ responsibility to ensure equipment is located and orientated correctly at the start of installation.
b. The Hirer should agree with Joe Average prior to the event the location(s) of the equipment.
c. Delivery vehicles will often remain on site throughout the hire period, and will only be moved/removed with prior agreement with Joe Average.
d. Mobile equipment such as generators, video screens, sound equipment and stages cannot be relocated or removed (prior to the agreed time) once they have been sited without prior arrangement.
e. Any relocation or removal (prior to agreed time) of equipment once installation has commenced shall in most cases cause severe delays and is at the discretion of Joe Average.
f. The relocation or removal (prior to the agreed time) of equipment shall incur additional charges to be paid by the hirer which must be agreed in writing (and possibly paid) prior to commencement.
g. Hirers should consider in particular terms 7 & 17b in planning equipment location.
a. Joe Average holds liability insurance to cover public, staff and equipment which has limitations of at least;
i. £5 million sterling public liability (any one occurrence).
ii. £5 million sterling products liability.
iii. £10 million sterling employers’ liability (any one occurrence).
b. Insurance is designed to cover installation and dismantling of equipment and Joe Average staff working on site. Public liability insurance to cover risks exceeding this shall be effected by the hirer. Insurance is subject to the terms and conditions outlined in the insurance policy document.
c. Joe Average holds insurance to cover plant, machinery, stages, sound equipment and any other equipment hired in by Joe Average for its own use.
d. The insurance providers used by Joe Average shall be authorised and regulated by the financial services authority.
14. Permissions and Licencing
a. The Hirer shall be responsible for ensuring compliance with any local authority, fire, health and safety or other regulations and applicable laws and for obtaining any necessary consents, permissions and approvals in relation to any of the equipment and/or services we provide and the activities to take place.
b. The Hirer shall undertake to ensure suitable permissions have been obtained and the audio or video material to be broadcast does not break any laws or contractual arrangements.
c. Joe Average will not be responsible for any audio or video material broadcast which contravenes any legal or contractual or other requirements.
d. If any inspections or testing of the equipment provided is required at any point during the hire period or any other time, the hirer will advise Joe Average in advance of the event to agree a suitable time for the inspection or testing to take place and clarify what type of inspection and/or testing shall be required.
e. The Hirer indemnifies Joe Average against any costs incurred to facilitate such an inspection or test.
f. If the Hirer requires Joe Average to provide any completed inspection documents relating to an electrical installation, Joe Average should be informed prior to the event in order to provide a suitable (‘Part P’) qualified person and suitable equipment to undertake the inspection.
15. Power Requirements
a. Details of any power required on site by Joe Average shall be provided in the quotation/proposal or upon demand from Joe Average.
b. Where Joe Average has not been hired to provide power generation it is assumed that any power required shall be provided by the hirer and that the power shall be of a suitable size, type and safety standard as specified.
c. Power feeds provided to Joe Average should be;
i. Presented within 20 metres of the installation site.
ii. Presented on a CEE Form type IP44/45 waterproof type outlet, unless specified otherwise.
iii. Cable used to provide the power feed should be of a suitable size and standard and be provided in a safe manner.
iv. The power supply equipment and cable should be tested accordingly by the Hirer or their appointed agent.
v. Power should be from a regulated 50hz 230v – 240v per phrase A.C supply.
vi. Power inverters should not be used without prior agreement with Joe Average.
vii. The equipment and cables used to provide the power feed should be of a safe and legal standard.
viii. Any power supply should be RCD protected preferably set at 100mA, 30ᶸ unless requested otherwise by a Joe Average representative.
ix. Any power supply should be suitably earthed.
x. Power should remain constant throughout the hire period including overnight, the installation and dismantling period unless agreed otherwise.
xi. If power is provided from a generator, it is the Hirers responsibility to ensure the generator is of a suitable specification, in a safe and serviceable condition and adequate fuel, water and oil is provided.
xii. The Hirer is responsible for any maintenance of the power supply provided.
xiii. A Joe Average representative should be notified prior to turning on/off any power supply provided to prevent damage to the equipment.
xiv. A suitable ‘back up’ power supply is strongly recommended especially where power generators are being used.
xv. The Hirer should provide suitable provision for quick and easy access to any power supply protective circuit breakers, fuse boxes or other power cut off equipment.
xvi. The Hirer is wholly responsible for the power supply to the point of the outlet.
16. Special Requirements
a. Joe Average shall include with the quotation/proposal any special requirements specific to the event; these shall form part of this agreement.
b. Any additional special requirements shall be agreed between Joe Average and the Hirer in writing.
a. Joe Average shall endeavour to ensure that all the equipment is installed, operated, dismantled and transported in a safe manner and that staff provided take appropriate safety precautions.
b. Joe Average shall endeavour to remove or reduce risks to its staff and others through establishing safe working practices and guidelines through training and provisions of information to its staff.
c. The Hirer is required to provide a safe working environment for the staff provided by Joe Average and should assess and undertake to reduce or remove any risks on the site to Joe Average and equipment where reasonably practicable.
d. The Hirer should ensure the area Joe Average is working in is restricted from the public access whilst work is taking place and any persons entering the area are aware of the potential risks of doing so and take appropriate precautions.
e. The Hirer should make provision to prevent unauthorised access to equipment and prevent crowd insurgence into or onto any equipment at any time.
f. The Hirer should make suitable and adequate working lights where appropriate.
g. Joe Average shall endeavour to install the equipment to provide a safe environment for persons on/in or operating the equipment by reducing or removing risks where reasonably practicable.
h. The Hirer is responsible for providing a safe environment for members of the public, and any other persons in the vicinity of the equipment. The Hirer should undertake to ensure suitable precautions are taken to reduce or remove any risks and for providing/displaying relevant information and signs in an appropriate way.
i. Where Joe Average shall be using equipment such as strobe lighting or smoke effects, the Hirer shall be consulted prior to the performance and the Hirer shall be responsible for enforcing suitable precautions and displaying suitable notices.
18. The Effects of Weather
a. Structures supplied by Joe Average have been calculated to be suitable for installation and use in certain weather conditions as stipulated in ISE and HSE guidelines. Joe Average shall not be liable for any delays or cancellations as a result of excessive weather conditions resulting in unsafe working/use conditions or any costs/loss incurred as a result.
b. The Hirer should take reasonable precautions to minimise the effects of weather during use of the equipment, the building and de-rig period.
c. Weather conditions, in particular strong winds, lightening and ground flooding can affect the construction, use and dismantling of structures. Whilst Joe Average shall take reasonable precautions to test and monitor the structures safety, react accordingly and work with suitable authorities, the Hirer should be mindful that extreme unsuitable conditions could result in the structure being declared unusable for periods of time or completely for safety purposes or that the build/de-rig process may need to be postponed or halted for safety purposes. In this case a restricted area may need to be created on and around the structure until it is deemed safe to proceed. The Hirer agrees to abide by any restrictions in place to do with the use of the structure or any equipment supplied by Joe Average or other authorities. (Refer to 18.a).
19. Fire and Emergency Precautions
a. The Hirer is responsible for ensuring suitable fire fighting equipment is provided on/at the equipment location and that adequate emergency planning including evacuation procedures are in place and communicated effectively.
b. The fire fighting equipment provided as per clause 19.a should be relevant and in suitable quantity for the anticipated fire risks.
20. Dry Hire of Equipment
a. Where equipment is provided to the Hirer without Joe Average providing staff with the equipment for any part of the hire period addition ‘DRY HIRE’ terms shall apply as listed:
i. The Hirer is completely responsible for the equipment provided.
ii. The Hirer shall not at any time sell, dispose or otherwise part with control of the equipment or attempt to do so.
iii. The Hirer agrees that everyone who uses the equipment has been properly instructed in its safe and proper operation and will not allow the equipment to be misused.
iv. The Hirer shall ensure that the equipment remains serviceable and clean during the hire period and it is returned in good order.
v. The Hirer agrees to pay Joe Average the full retail cost of any equipment lost, stolen or damaged beyond economic repair.
vi. The hirer shall reimburse Joe Average all costs incurred in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge additionally for late return of any equipment.
vii. Joe Average reserves the right to reclaim any of the hired equipment at any time during or after the hire period.
viii. All hired equipment remains the property of Joe Average at all times.
21. Use of the Equipment by the Hirer and Others
a. Any breakdown or unsatisfactory working of equipment shall be notified to Joe Average immediately. Any such equipment must be returned to Joe Average for examination.
b. If the equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person, the Hirer shall notify Joe Average immediately.
c. The Hirer shall ensure the equipment is compatible and may be safely used with any other equipment being used by the Hirer or others.
d. Items can only be suspended from and/or attached to any equipment supplied by Joe Average with the prior consent of Joe Average. The Hirer should provide details of any such items intended prior to the hire period.
e. The Hirer shall ensure that any items to be attached to, stand on/in or to be suspended from any equipment supplied by Joe Average shall be within any safe capacities of the equipment and in the correct manner suitable for the equipment. It shall be attached in a safe manner by an appropriately trained person.
f. No persons shall climb on any of the equipment supplied by Joe Average without consent from Joe Average.
g. Any persons climbing on any of the equipment do so at their own risk.
h. The Hirer shall ensure that any activity taking place on, in or in the vicinity of the equipment and/or staff shall not present a danger or a high risk of causing injury to staff and/or damage to the equipment or make it unsafe.
i. Where equipment is being installed/dismantled by Joe Average staff use of and access to, on, into or in the vicinity of the equipment is not permitted without permission of the senior Joe Average staff leading the installation/dismantle. This permission can be withdrawn at any time.
j. The Hirer is responsible for ensuring the equipment hired is used in safe and proper manner for the intended purpose.
k. Joe Average shall not be liable for misuse, use in an improper manner or inappropriate use of any equipment by or instructed by the Hirer or other persons.
22. Use of Plant and Machinery
a. Where Joe Average is providing plant of machinery at a site or venue this is for the exclusive use of Joe Average staff unless otherwise agreed in writing.
b. Joe Average shall ensure that staff operating plant and machinery are suitably instructed and/or qualified in its safe operation.
c. Where the Hirer is providing plant or machinery at the request of Joe Average, the Hirer should ensure:
i. The plant or machinery is to a suitable and safe standard and to any specification provided by Joe Average.
ii. The plant or machinery is available exclusively to Joe Average at the agreed times and throughout the agreed periods. The Hirer shall make allowances for the extension of the agreed times at the request of Joe Average if required.
iii. The plant or machinery shall be provided by the Hirer at no cost or liability to Joe Average.
iv. The plant or machinery is provided with adequate fuel, water, oil and relevant safety and other items required.
d. Maintenance of the plant or machinery is the responsibility of the Hirer.
e. Insurance relating to the plant or machinery is the responsibility of the Hirer.
23. Payment and Price
a. Standard payment terms for no account holders are (unless agreed otherwise):
i. 50% deposit to secure the booking.
ii. 35% payment 28 days prior to delivery/set-up.
iii. Balance payment shall be made prior to the start of the first performance.
iv. Fuel and other similar consumables may be charged on a usage basis which shall be payable following the hire period.
b. A fuel charge deposit may be required as part of the pre-payment. Charges shall be deducted from the deposit and the balance returned to the Hirer following the hire period.
c. Joe Average can accept the following forms of payment:
i. Cheques providing at least five working days clearance time.
ii. Bank Transfer providing adequate clearance time is allowed.
iii. Cash or Bankers Draft.
d. Joe Average cannot accept payment being made on site by cheque unless by prior arrangement, payment should be Bankers Draft, Transfer or Cash.
e. All prices are quoted by Joe Average are valid for 30 days and are exclusive of VAT.
f. The Hirer shall pay the agreed hire charge and each instalment thereof on the due date/time in accordance with the agreed payment schedule without previous demand from Joe Average. If the Hirer fails to make payment on the due date then without prejudice to any other right or remedy to Joe Average hereunder, Joe Average shall be entitled to charge the Hirer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above Barclays Bank plc base rate from time to time in force on the amount of hire charge outstanding.
g. Joe Average reserve the right to withdraw the provision of equipment, remove equipment or prevent use of the equipment if the payment terms are not adhered to under the terms of Termination forming part of this agreement.
h. Joe Average reserves the right to make charges for additional equipment, services and/or staff, which are provided at the Hirers request over and above the original proposal.
i. Any subsequent engagements of ‘Sub Contractors’ Joe Average may provide by the Hirer must be negotiated through Joe Average during a 13 month period following the initial hire period.
24. Pre Event Site Survey and Meeting
a. Joe Average reserves the right to make charges for attending site surveys and/or meetings prior to the event.
b. When no confirmation or deposit payments have been made by the Hirer, Joe Average shall at its discretion make a charge of £100 per day (or part) and expenses for traveling and accommodation (if required) to be agreed. When the event is subsequently confirmed and full payment received, the full charge for one meeting shall be deducted from the final invoice or credit shall be given on account accordingly.
c. The Hirer should provide a suitable site plan prior to arrival on the site along with details of vehicles and parking.
a. No contract shall be subject to cancellation either in whole or part without the written consent of both parties and in the event of cancellation by the Hirer, Joe Average shall be entitled to forfeit and retain the deposit and other payments made by you without proof of loss or damage.
b. The Hirer shall cancel in writing only and reimburse to Joe Average a percentage of the total agreed fee if unpaid.
c. Cancellation fees shall be charged relevant to the agreed contract charge and the period between the cancellation and the first delivery/set-up date:
i. The initial securing deposit payment is non-returnable.
ii. Cancellation between 31 and 180 days prior = 50%.
iii. Cancellation between 14 and 30 days prior = 75%.
iv. Cancellation 14 days or less prior = 100%.
d. If Joe Average for any reason is the cancelling party, any payments made shall be refunded to the Hirer, liability shall be limited as set out in paragraph 26a.
26. Provision of Information
a. The Hirer should provide/make Joe Average aware in writing any relevant timetables, schedules, directions, addresses, site/venue plans and technical details, performers technical and other requirements, contact details and other relevant information well in advance of the event.
b. The Hirer shall provide to Joe Average on demand copies of any relevant insurance documents, licences, and regulations.
c. Joe Average shall not be responsible for delays caused due to the lack of information provided.
d. Joe Average shall provide at its discretion on demand any technical and/or documentation relating to its equipment, insurance, licences and safety procedures
e. Any information provided by Joe Average is confidential and is provided solely for the use of the Hirer in preparations for the contracted event.
27. Limits of Liability
a. If for any reason within the control of Joe Average or in the event of breakdown which is wholly attributable to Joe Average’s equipment or staff and cannot be rectified within the scope of maintenance facilities and spare parts available at Joe Average’s practical disposal and Joe Average is unable to provide the equipment or a replacement so that the performance cannot take place within 60 minutes of the advertised time, Joe Average shall waive all rights to further claim on any amount which may become due under this agreement and shall negotiate within their reimbursement of fee in part or full but not exceeding the full amount of the contract fee related to the specific event/location at which the breakdown occurred. Such waiver and reimbursement shall be the limit of Joe Average’s liability in respect hereto and no claims for damages or consequential loss shall be accepted. Nothing in this clause shall have effect so as to exclude the liability of Joe Average in respect of personal injury claims due to the negligence of Joe Average. Any failure or delay caused by circumstance outside of Joe Average control is excluded absolutely.
b. Joe Average ‘s liability for any defect in the equipment provided shall be limited to and in no case to exceed:
i. Any manufacturer’s warranty or if there shall be none.
ii. Replacement or repair of the defective equipment.
iii. At the discretion of Joe Average a refund of the hire price of the piece of equipment.
c. Joe Average shall not be liable for any loss other than that which arises from injury to persons and 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 Joe Average.
d. Equipment provided by Joe Average is designed to operate and be used within certain safe conditions, details of which are available on demand. Joe Average cannot be held responsible for any losses, or costs incurred by the Hirer or any party due to conditions becoming unsafe in the opinion of the senior Joe Average representative or an appropriate safety authority which prohibit or delay the installation, use or dismantling of the equipment.
e. Neither party to this agreement shall be considered in default and be liable for any loss, cancellation charge or damage of any nature whatsoever incurred or suffered by the other party due to omissions, delays, default in performance caused by circumstances beyond its control like war, invasion, act of foreign enemy, hostilities (whether war declared or not) civil war, rebellion, revolution, insurrection, mutiny, strike, riot, lockout, civil commotion, military or usurped power, malicious persons or persons acting on behalf of or in connection with any political organisations, conspiracy, confiscation, commandeering, requisition or destruction or damage by any government dejure or de facto or by any public authority, catastrophic and abnormal weather conditions which could not have been foreseen by the Hirer in the exercise of due diligence. Provided that always the Hirer shall continuously exert every reasonable effort to obviate or to minimise such failure. However, in all cases Force Majeure as aforesaid shall not be construed to include any act or circumstance which has been due or is any way attributable to the Hirers fault or negligence.
f. Either party affected by Force Majeure shall notify the other party of the Force Majeure as soon as reasonably possible.
28. Tax and VAT
a. In addition to the hire charges, the Hirer shall (if applicable) pay VAT or any other tax on charges imposed by national or local government at the rate applicable to the hire in addition the price quoted.
29. Breach of Terms and Conditions
a. No forbearance, indulgence or relaxation on the part of Joe Average 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 right or power of Joe Average under this agreement or operate as or be deemed to waiver of any breech by the Hirer of the terms and conditions of this agreement.
a. This agreement shall not be assigned by either party without the prior written consent of the other party.
31. Interest in the Equipment
a. The Equipment remains at all times the property of Joe Average. The Hirer shall have no dealings with any interest in the equipment or any part thereof.
a. Joe Average may without prejudice to its rights and remedies terminate this agreement in writing if the Hirer fails to take delivery of the equipment or commits any breach of these terms and conditions of if the financial standing of the Hirer becomes unsatisfactory, in the opinion of Joe Average. If this agreement is so terminated Joe Average shall be relieved of all liability under this agreement, but without prejudice to any claim or right Joe Average might otherwise have against the Hirer.
33. Guarantee and Warranty
a. Joe Average promise to deliver a professional service in a manner in accordance with the contract.
b. The Hirer should raise any complaints as to Joe Average’s equipment or services immediately. If the Hirer is dissatisfied with any element of the equipment or services provided Joe Average shall immediately attempt to rectify any deficiency. In the event of failure to rectify any such fault by Joe Average the Hirer shall, within 48 hours of the end of the event notify Joe Average in writing of any complaints.
c. Joe Average upon receipt of such complaint will undertake any enquiry and consider making a refund or credit of a fair and reasonable part of the price of the contract to reflect the sub-standard services performed.
a. No representative or agent of Joe Average has any authority to vary or add to these standard conditions, special conditions or the specifications except when confirmed by Joe Average in writing.