Martin’s Lights Limited – terms and conditions of hire

Martin’s Lights Ltd aims to provide a high quality and flexible lighting equipment hire service. However, all hires, without exception, are subject to the terms below.

Part one- the practical stuff you should read

1. As the hirer, you and/or the company, organization or event you represent assume full responsibility for the equipment once it leaves Martin’s Lights premises. MARTIN’S LIGHTS EQUIPMENT INSURANCE DOES NOT COVER YOUR HIRE, and it is strongly advised that you ensure you have adequate insurance against theft of, loss of or damage to equipment hired from Martin’s Lights. The cost of any items not returned for any reason will be charged at full new replacement value. This includes cables, hook clamps, safety bonds, spare lamps and other small items. The cost of repair to any items damaged whilst on hire, including carriage to/from manufacturer if necessary, will be passed on to the hirer in full. Any items not returned at the agreed date and time will remain on hire at Martin’s Lights full daily hire rate until they are returned.

2. All equipment, cables, spares and consumables remain at all times the property of Martin’s Lights and must not be sold or offered for sale.

3. All equipment hire prices quoted are exclusive of VAT, and apply to dry hires- where the hirer collects equipment from and returns it to Martin’s Lights. Delivery, collection and any other services are available at extra cost. Dependent on the size of the hire, the length of time between booking date and hire date, and any costs incurred by Martin’s Lights to service your hire (purchases, sub-hires etc), a fee of up to 100% of the hire fee may be charged for late cancellation of hires. This fee will apply to all hires, whether confirmed verbally, by e-mail or on paper.

4. All cables are supplied clean, neatly coiled and taped, and must be returned in the same condition. Connectors must not be removed from equipment or cables as this invalidates the PAT test on the item- a full range of adapter cables is available and it should not be necessary to remove connectors from equipment or cables. Labour time to re-wire connectors onto equipment or cables and re-PAT test items, to re-coil cables and remove old tape, and clean any other material (mud, spilt drinks residues etc) from equipment, cables and flightcases will be charged at £35.00 per hour and added to the hire invoice (minimum charge one hour).

5. All profile moving lights are supplied with a set of standard gobos, or with empty spaces for clients’/custom gobos if requested, and must be returned in exactly the same condition. Labour time to remove clients’/custom gobos and replace standard gobos will be charged at £35.00 per hour (minimum charge one hour) and added to the hire invoice. Costs to replace lost or damaged standard gobos and carriage costs to return clients’/custom gobos, will be added to the invoice. Martin’s Lights accepts no responsibility for loss of, or damage to, clients’/custom gobos that are left in moving lights on return from hire.

6. All hired equipment should be installed and operated by a competent person. Martin’s Lights does not accept any responsibility for damage to property or injury to persons whilst equipment is on hire.

7. Martin’s Lights assumes responsibility only for lamps that fail under normal working conditions, provided that the failed lamps are returned. The cost of lamps not returned (spare or failed) will be added to the hirer’s final invoice.

8. Limited Liability. Martin’s Lights Ltd will not accept responsibility for loss of income, cessation of entertainment or any other effect from equipment failure. All equipment is supplied tested and working before it leaves Martin’s Lights premises. Martin’s Lights offers 24-hour phone support and in the event of equipment failure every reasonable effort will be made to remedy the situation.

Part two – the legal stuff

1.  Definitions.

1.1 In these conditions:-

1.1.1 “Contract” means a contract for the hire of Equipment and/or the provision of Services concluded by the acceptance by Martin’s Lights Limited of an order pursuant to condition 2 hereof;

1.1.2 “Equipment” means the equipment described in the Contract or any individual item thereof;

1.1.3 “Martin’s Lights” means Martin’s Lights Limited.;

1.1.4 “Hirer” means the person, persons, firm, company, organisation or event placing an order with Martin’s Lights;

1.1.5 “Hire Charge” means the charge payable by the Hirer to Martin’s Lights for the hire of the Equipment and/or for provision of the Services such as delivery, collection and provision of crew personnel;

1.1.6 “Services” means any additional services provided by Martin’s Lights to the Hirer, such as delivery or collection of Equipment and provision of crew personnel;

1.1.7 “Hire Period” means the period starting on the date that the Equipment is delivered to, or made available for collection by the Hirer and ending when the Equipment is returned to, or collected by, Martin’s Lights. Martin’s Lights will use its reasonable endeavours to have the Equipment available for delivery or collection on the date specified in the Contract but shall not incur any liability to the Hirer whatsoever in the event of any delay

1.2 The headings in these Conditions are for ease of reference only and shall not affect their interpretation.

2.  Orders.

2.1 Martin’s Lights shall only accept a written order for hire of Equipment or provision of Services. Unless otherwise agreed, the written acceptance of the Hirer’s order by an authorised employee of Martin’s Lights shall constitute the Contract, which shall be subject to these Conditions. Any terms and conditions in the Hirer’s order or other documentation of whatsoever kind, which are inconsistent with these Conditions, shall have no effect.

3. Hire of Equipment.

3.1 Martin’s Lights hereby hires to the Hirer the Equipment for the Hire Charge for the duration of the Hire Period.

3.2 Martin’s Lights reserves the right to supply equipment of a similar design to the Equipment in the event of any items of the Equipment being unavailable to the Hirer.

3.3 Due to continuing development, Martin’s Lights reserves the right to change specifications for the Equipment without notice.

4. Hire Charge.

4.1 The Hirer shall pay to Martin’s Lights the Hire Charge, including any charges for the provision of Services within 14 days of the date of delivery of an invoice for such charges by Martin’s Lights. Time shall be of the essence in respect of the payment of all sums due under this Contract and the Hirer shall be deemed to have repudiated this Contract if any Hire Charges or other payments remain unpaid for more than 14 days after becoming due, whether demanded or not.

4.2 All sums due from the Hirer to Martin’s Lights hereunder shall attract VAT at the current rate.

4.3 Martin’s Lights reserve the right to charge the Hirer interest at the rate of 3% per month above the mean base rate for the time being of Co-op Bank plc on all invoices which are not paid in accordance with Condition 4.1 hereof. Such interest shall be calculated from 30 days after the date of the invoice until actual payment and shall be payable after as well before any judgment obtained in respect thereof.

5. Ownership.

5.1 The Equipment shall at all times remain the property of Martin’s Lights and the Hirer shall have no rights to the Equipment other than as hirer and the Hirer shall not do or permit to be done any matter or thing whereby the rights or Martin’s Lights in respect of the Equipment are or maybe prejudicially affected. In particular, the Hirer shall not sell, assign, mortgage, charge, hire or otherwise dispose of the Equipment or any part thereof.

6. Loss, Damage and Insurance.

6.1 In the event of any loss or damage to the Equipment the Hirer shall pay for its replacement, or the cost of restoring it to good working order, or allow Martin’s Lights or its agent to carry out such work at the Hirer’s expense.

6.2 The Hirer shall during the Hire Period (without prejudice to the liability of the Hirer to Owner pursuant to Condition 6.1) keep the Equipment insured for its replacement value with a reputable insurance company against loss and damage from all risks (including third party risks). The Hirer shall on demand show to Martin’s Lights the policy, premium receipts and insurance certificate and shall not use or allow the Equipment to be used for any purpose not permitted by the terms and conditions of said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.

6.3 The Hirer shall immediately notify Martin’s Lights of any loss of or damage occurring to the Equipment. Where such loss or damage is covered by the Hirer’s insurance, the Hirer shall hold any monies received under such policy of insurance on trust for Martin’s Lights, and shall pay or apply the same as Martin’s Lights may direct.

7. Hirer’s Indemnities.

7.1 The Hirer shall be solely responsible for and hold Martin’s Lights indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Martin’s Lights as a result of any usage of the Equipment (other than death or personal injury resulting from the negligence of Martin’s Lights, its employees or agents).

7.2 The Hirer shall be solely responsible for and hold Martin’s Lights indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Martin’s Lights as a result of any breach or default on the part of the Hirer in the discharge or its obligations under the Contract.

8. Limitations of Liability.

8.1 Martin’s Lights liability for direct physical damage to tangible property of the Hirer caused by the negligence of Martin’s Lights, its employees, agents or sub-contractors, or by breach of contract, shall not exceed £500,000 subject to the exclusions set out in Condition 8.2.

8.2 Martin’s Lights shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of Martin’s Lights:-

8.2.1 Loss of profits, business, revenue, goodwill or anticipated savings whether sustained by the Hirer or any other person; or

8.2.2 Special, indirect or consequential loss other than direct physical damage to tangible property of the Hirer or any other person; or

8.2.3 Any loss arising from any claim made against Martin’s Lights by any third party.

9. Termination

9.1 Martin’s Lights shall have the right to terminate the Contract forthwith by giving notice in writing if the Hirer:-

9.1.1 Fails to make payment of the Hire Charge or any other sum payable under the Contract within 14 days of its becoming due (whether demanded or not); or

9.1.2 Commits a breach of any of the terms and conditions of the Contract, whether express or implied, and fails to remedy such breach within a reasonable period of time; or

9.1.3 Being a body corporate:-

9.1.3.1 Enters into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction without insolvency; or

9.1.3.2 Compounds or makes any arrangement with its creditors; or

9.1.3.3 Is the subject of an application for an administration order or any proposal under Part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts; or

9.1.3.4 Has a receiver or manager appointed over all or any of its undertaking or assets, or is deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or

9.1.3.5 Is struck off the Register of Companies or otherwise dissolved; or

9.1.4 Being an individual, should die, suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him, or enter into a voluntary arrangement or be served with a Statutory Demand or a petition for a bankruptcy order; or

9.1.5 Has any distress, execution or other legal process levied on or against the Equipment or any part thereof or against any premises where the Equipment may be or against any of the Hirer’s goods or other property, or if the Hirer permits any judgment against it to remain unsatisfied for 7 days.

10. Consequences of Termination

10.1 Any termination of a Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party.

10.2 On termination of a Contract (howsoever occasioned) the Hirer shall no longer be in possession of the Equipment with the consent of Martin’s Lights and shall unless otherwise agreed with Martin’s Lights return the equipment to Martin’s Lights in good working order. In the event that the Hirer fails to return the Equipment to Martin’s Lights within two days of termination of the Contract under Clause 9 hereof, the Hirer unconditionally authorises Martin’s Lights, its servants or agents to enter onto the Hirer’s premises to retake possession of the Equipment.

10.3 Upon any termination under Clause 9 hereof the Hirer shall pay to Martin’s Lights:-

10.3.1 all arrears of Hire Charges then due and all other sums accrued by the Hirer and unpaid as at the date of termination, together with any interest thereon, and

10.3.2 the cost of all repairs to the Equipment which may be required as at the date of termination; and

10.3.3 any other sums which are or may become due to Martin’s Lights or to which Martin’s Lights is entitled to recover by way of damages.

11. Force Majeure

11.1 Although Martin’s Lights shall use all reasonable endeavours to discharge its obligations under the Contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.

12. General

12.1 No neglect, delay or indulgence by Martin’s Lights in enforcing any terms of the Contract shall prejudice the rights of Martin’s Lights or be construed as a waiver.

12.2 The Hirer hereby waives all and any future claims and rights of set off against any sums due to Martin’s Lights under the Contract or at all regardless of any equity, set off or counterclaim on the part of the Hirer against Martin’s Lights.

12.3 Any notice hereunder may be served by sending it by pre-paid first class mail to the address stated herein, or by transmission of e-mail. In proving the service of any notice sent by post it will be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effected on the second business day following the date of posting.

12.4 The Hirer shall not assign or otherwise transfer all or any part of the Contract.

12.5 Any term of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other term of the Contract.

12.6 The formation, construction and performance of the Contract shall be governed by English law. The parties hereby agree to submit to the exclusive jurisdiction of the English Courts.

Martin’s Lights is a member of the Production Services Association.