TERMS OF HIRE

1. Who these terms are between

These terms apply to every hire of equipment and every engineering service supplied by Tom Communications Ltd ("TOMCOMM", "we", "us"), a company registered in England and Wales, to the person or organisation named on the quotation ("you", "the client"). They apply whether the equipment is dry hired or supplied as part of a system we design, install and operate.

A quotation is an offer to hire on these terms. Accepting a quotation, in writing, online or by taking delivery of the equipment, accepts these terms, and they take precedence over any terms you send us unless we have agreed to them in writing.

2. Quotations and bookings

A quotation is valid for the period stated on it, and is subject to the equipment being available when you accept it. A booking is confirmed when we say so in writing. We may ask for a deposit before confirming a booking; whether we do, and how much, is decided for each hire and stated on the quotation.

Hire charges are based on the dates on the quotation. Our day rate is charged as stated there, with a standard three-day week: a hire of four to seven days is charged as three days.

3. Cancellation

You may cancel a confirmed booking by telling us in writing. If the first day of the hire is more than seven days away there is no charge, unless we have already bought or subhired equipment or arranged crew specifically for your hire, in which case those costs are charged.

If the first day of the hire is within seven days, 50% of the total hire charge is payable. If it is within 48 hours, or the equipment has already left us, the full hire charge is payable. Any deposit paid is set against these charges.

If we have to cancel, for a reason within our control, we refund anything you have paid for that hire in full. That is the extent of our liability for a cancellation by us.

4. Payment

Invoices are due on receipt unless the invoice states otherwise. Payment is by bank transfer to the account on the invoice, quoting the invoice number.

If an invoice is not paid when due we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998: interest at 8% a year above the Bank of England base rate from the due date until payment, and the fixed compensation the Act allows. We may also hold back further equipment or services until the account is settled.

All prices are in pounds sterling and exclude VAT, which is added at the rate in force.

5. Delivery, collection and the hire period

The hire period runs from the day the equipment leaves us, or is collected from us, to the day it is returned to us, inclusive, as stated on the quotation. If the equipment is returned late, each further day is charged at the day rate, and we may also charge for any loss caused to a following hire.

Where we deliver, the charge for delivery and collection is stated on the quotation. Where you collect, the equipment is your responsibility from the moment it leaves our premises.

You must give us, or our carrier, safe access to the site and a suitable, secure and dry place to store the equipment. Kit is supplied in flight cases; the cases are part of the hire and must come back with it.

6. Your responsibility for the equipment

The equipment remains our property at all times. You have no right to sell, lend, sub-hire or part with it, and you must not remove or obscure our labels and asset numbers.

From delivery or collection until it is back with us, the equipment is in your care and at your risk, whether it is dry hired or supplied with our engineers. You must keep it secure, dry and undamaged, use it only for its intended purpose and in accordance with any instructions given, and not alter, repair or open it. Only people competent to do so, or our own crew, should operate it.

You are responsible for the full cost of any loss, theft or damage to the equipment while it is in your care, however caused other than by our own crew, at our replacement cost or the cost of repair, whichever is less, together with hire charges for the period the equipment is out of use. Fair wear and tear is not charged. You must tell us at once of any loss or damage.

You must insure the equipment for its full replacement value against all risks for the whole hire period, and on request show us the policy. If you would prefer us to arrange cover for a hire, ask when booking and we will quote for it where we can.

7. Equipment on arrival, and faults

Every system is tested before it leaves us. Please check the equipment on arrival and tell us of any shortage or visible damage within 24 hours; after that it is taken as delivered complete and in good order.

If equipment fails during the hire through no fault of yours, tell us at once. We will repair or replace it as quickly as we reasonably can, and the hire charge for that item is reduced for the time it is out of use. That is the extent of our liability for a fault.

8. Radio licensing

Two-way radios and some wireless intercom operate on frequencies that need a licence from Ofcom. Where we supply the licence it is stated on the quotation; otherwise you are responsible for holding a licence that covers the equipment for the site and dates of the hire, and for using it within the terms of that licence.

9. Engineering and crew

Where we supply an engineer or crew, the days, hours and rates are stated on the quotation. Time beyond that is charged at the rate stated. You must provide a safe place of work and meet the requirements of any risk assessment we ask for. Our engineers may stop work where they judge conditions to be unsafe, and are not obliged to work at height or in conditions outside the agreed scope.

10. Limits of our liability

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be limited by law.

Otherwise our total liability to you in connection with a hire, in contract, tort or otherwise, is limited to the total hire charge for that hire. We are not liable for any loss of profit, revenue, business, reputation or goodwill, or for any indirect or consequential loss, including loss caused by the failure of a show, event or broadcast, however arising. You are responsible for holding your own insurance against such losses.

11. Events outside our control

Neither of us is liable for a failure to perform caused by something outside our reasonable control, including extreme weather, fire, flood, accident, strike, failure of a carrier or supplier, illness, or a decision of a public authority. We will tell you as soon as we can if such an event affects your hire.

12. General

These terms, the quotation and our privacy policy are the whole agreement between us for a hire. Any change must be agreed in writing. If any part of these terms is found to be unenforceable, the rest still applies. The agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Questions about these terms: hello@tomcomm.co.uk.