The ‘Customer’ is the company, organisation or individual hiring the equipment from LM Lighting, whose registered office is London, NW3.
‘Contract’ is the contract for hire of equipment by the Customer from LM Lighting, incorporating these terms and conditions.
‘Equipment’ is the equipment covered under the Contract or any portion thereof.
‘Hire Period’ is the period commencing on the date of collection or dispatch of the Equipment from Lighthouse's premises and ending on the date of return of the Equipment to LM Lighting’s premises.
‘Hire Charge’ is the charge payable by the Customer to LM Lighting based on the unit rates as advised to the Customer.
‘Hire Location’ is the location (or locations in case of a touring production), wholly within England and Wales as detailed in the Hire Contract, at which the Customer shall use the Equipment.
Any request for hire of Equipment shall be made in writing by a Customer but no contract shall be entered into between LM Lighting and the Customer until
LM Lighting has accepted and acknowledged in writing the Customer’s request for hire. Any contract shall be subject to these terms and conditions which shall prevail over any other terms and conditions. The Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales and shall be governed and construed under English law.
LM Lighting hereby hires to the Customer the Equipment, for use in the Hire Location, for the Hire Period, at the Hire Charge.
Specifications, particulars, descriptions and drawings issued by LM Lighting should be considered as approximations to present a general impression and shall not form a part of the Contract.
For hires of up to a fortnight, the Customer shall pay to Lighthouse the full Hire Charge in advance of commencement of the Hire Period. For longer Hire Periods, payments shall be made at fortnightly intervals in advance. Where credit facilities are granted to the Customer by LM Lighting, invoices shall be payable within 7 days by the Customer, unless otherwise agreed by LM Lighting.
Production services, packing, delivery, and collection shall be charged additionally by LM Lighting and shall be invoiced and payable on the same basis.
In case of any overdue payments, the Customer shall pay interest charges to LM Lighting for the delay period, calculated on a daily basis at the prevailing base rate of HSBC Bank PLC plus 4% per annum.
In case of delivery of Equipment by LM Lighting or by a carrier, the dates and times agreed are approximate only and LM Lighting shall not be liable for any delays to the Equipment for whatsoever reason.
The risk in the Equipment shall pass to the Customer upon delivery.
The Customer shall inspect all Equipment on receipt and within one working day of such, shall notify LM Lighting in writing by email, of any damage or shortages.
The Customer shall return damaged equipment to LM Lighting or retain it for inspection by the carrier, as required by LM Lighting.
In case the Customer fails to notify LM Lighting of damages or shortages within one working day of receipt, or in case the Customer fails to follow LM Lighting’s instructions in respect of return or inspection, the Customer shall pay to LM Lighting the full cost of repair or replacement of the Equipment in addition to the full Hire Charge for the period that the equipment is absent from LM Lighting’s premise.
In the event that the value of the Equipment is in excess of £100 (as noted by LM Lighting, the Customer shall insure the Equipment against loss, damage and all risks for its full replacement cost, as advised by LM Lighting for the full Hire Period. Insurance shall be effected with a reputable insurance company acceptable to LM Lighting.
Costs of loss and damage shall be reimbursed by the Customer to LM Lighting immediately on receipt of payment by the Customer from the insurer, or at latest, 30 days from date of incurrence of the loss or damage, whichever shall be the sooner.
The Customer shall ensure that the Equipment is installed and operated by competent persons in accordance with prevalent regulations, especially those in
respect of Health & Safety, Electrical Safety and Lifting Operations. The Customer shall install and use the Equipment in a weatherproofed, indoor environment, except where the order acknowledgement specially provides for outdoor usage.
The Customer shall be responsible for all costs incurred by LM Lighting to rectify damage or deterioration of the Equipment in consequence of improper use.
LM Lighting shall have the right to inspect the Equipment at the Hire Location at any time between 9.00 am and 9.00 pm throughout the Hire Period.
Ownership of the Equipment shall at all times remain with LM Lighting. The Customer is not permitted to sell or re- hire the Equipment other than in the case of re-hire by recognised lighting hire or event management companies and as specifically agreed by LM Lighting in writing and on terms approved by LM Lighting.
The Customer shall be wholly responsible and hold LM Lighting indemnity against all loss or damages, liabilities, claims, demands and legal proceedings that may arise as a consequence of any accident or default involving the Equipment.
The liability of LM Lighting for any defect in the Equipment shall in no case exceed either:
LM Lighting may terminate the Contract for Hire in the event that:
On termination of the Contract, the Customer agrees to return the Equipment to LM Lighting within one working day. In the event of their failure to so do, the
Customer authorises LM Lighting to enter any premises where LM Lighting reasonably considers the Equipment to be located for the purposes of recovery and removal of the Equipment.
Any termination of the Contract shall not affect the rights or liabilities of either LM Lighting or the Customer.
While LM Lighting undertakes to use its best endeavours to implement all obligations under the Contract in a timely and efficient manner, it cannot accept any responsibility for any failure or delay for whatsoever reason caused by circumstances beyond its control.