22 Terms and Conditions
1 Interpretation “AVM” means Audio Visual Material Ltd. “Customer” means the person, firm or organisation that places an order with AVM “Carrier” means the person, firm or organisation transporting or collecting the equipment on our behalf under our contract of carriage. “Charges” means our charges for hiring the equipment to you as set out in the order confirmation. “Collection” means our collection of the equipment from you. “Contract” means any contract made between AVM and you for the rental of the equipment within these conditions and relevant order confirmation. “Delivery” means our delivery of the equipment to designated premises or when you collect the equipment from us. “Documentation” means all manuals and instructions relating to the equipment including but not limited to manufacturer’s operating instructions. “Equipment” means all or any equipment (including any part of parts of them) that we agree to rent to you as set out in the order confirmation “Force Majeure” means any event outside of our reasonable control, including but not limited to, acts of God, war, terrorism, flood, fire, labour disputes, supplier and/or subcontractor delays, technology or telecommunication failures, strikes, lock-outs, riots, civil commotion and governmental actions. “Hire” “Rental” means the supply by AVM of equipment only. “Location” means the place where it is agreed you will store and use the equipment as set out in the order confirmation. “Order” means your request for us to supply you with equipment for the agreed rental period and charges, requested in writing (whether electronically or otherwise) “Order Confirmation” means when AVM confirms its acceptance of your order in writing “Premises” means the delivery address you have specified in your order. “Rental Delivery Note” means a form to be signed by a representative confirming delivery of the equipment. “Rental Period” means the period of time for which you will rent the equipment from us as set out in the order confirmation “Services” means the services which AVM is to provide as set out in the terms of this agreement. “Site” means any location other than AVM’s offices where the services are to be provided. “Terms” means the contract between AVM and the Customer.
2 Provision of Services or Equipment 2.1 AVM and the customer shall accept the services or equipment subject to these terms which shall not be varied except in writing signed by AVM. 2.2 The customer acknowledges that it does not rely on any advice or recommendations made on behalf of AVM concerning the services or equipment, their quality, performance, fitness for purpose, functionality or use unless confirmed by AVM in writing. 2.3 AVM may without consent (but without reducing its obligations under section 5 of this contract) sub-contract all or any of its obligations to provide goods and services.
2.4 Any typographical or clerical error or omission in documents issued by AVM may be corrected without liability on the part of AVM.
3 Equipment
3.1 All equipment will be subject to availability. AVM reserve the right to modify the equipment at any time and/or substitute the equipment with equipment of no lesser functionality without notice. 3.2 The equipment will not necessarily be brand new or unused and may have been previously rented out. Accordingly, we do not warrant that the equipment will be free from minor defects, including without limitation, minor surface scratches. The presence of minor defects that do not materially affect the operation of the equipment shall not entitle you to any refund or deductions.
3.3 Any description or pictures of the equipment are for information only and are not intended to be 100% accurate.
4 Rental Period
4.1 The Contract comes into force when the order confirmation is sent. 4.2 The rental period shall commence on delivery of the equipment or on collection of the equipment by you unless otherwise agreed written or orally that extra transit days before or after the agreed rental period will be required 4.3 We may at any time and on seven (7) days’ written notice to you request that you return the equipment or at our election allow us and our carrier facilities to collect the equipment. You agree to return the equipment in good working order together with all documentation. 4.4 On or before expiry of the rental period, you may request an extension of the rental period by placing a further order. Any extension to the rental period is in our sole discretion and shall be subject to these conditions. You agree to pay any additional charges as set out in a further order confirmation.
4.5 If the equipment is returned late, you agree to pay additional charges calculated on the daily rate for the equipment, our additional costs for aborted collection and our reasonable administration costs.
5 Risk and Property
5.1 The customer undertakes to indemnify AVM in respect of any loss or damage (reasonable wear and tear excepted) to the equipment and shall at its own expense insure the equipment against all loss (including loss of earnings and other consequential loss) that AVM may incur. Any equipment lost or uneconomic to repair is to be replaced with new equipment of the same or similar specification. 5.2 All equipment on hire shall remain the absolute property of AVM and no proprietary interest in the equipment shall vest in or pass to the customer. 5.3 Notwithstanding the terms of any conditions, warranties or representations whether express or implied and whether statutory or otherwise AVM shall not be liable in any way for loss, damage, loss of contracts or any consequential loss of any kind suffered by the customer or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries being available or any failure, error or mistake by any technician or other staff provided by AVM.
TERMS & CONDITIONS
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