terms & conditions.

1. About Us

LX1 Production Services is a trading name of LX1 Limited (registered in England & Wales, company number 09548172). Registered office: 3b Spur Road, Chichester, West Sussex, PO19 8PR. VAT: GB 212 3697 24. Operating from: Unit A7 Adanac Trade Park, Adanac Drive, Southampton, SO16 0AU.

2. Application of these Terms

These Terms apply to all goods and equipment supplied (for hire or sale) and services provided by LX1 Limited (“LX1”). By accepting a quotation, issuing a purchase order, or instructing LX1 to proceed, the Customer agrees to be bound by these Terms. 

Hire Equipment remains the property of LX1 Production Services. In the event of a breach of any of these conditions, LX1 Production Services may terminate the arrangement and repossess all their Equipment.  

Entire Agreement 

These Terms, together with any quotation or contract issued by LX1, constitute the entire agreement between the parties and supersede all prior agreements, discussions, or understandings.  

3. Definitions:

  • Equipment: any equipment, goods, machinery, devices, accessories, consumables or other items supplied by LX1 for hire or sale.
  • Goods: any products, consumables, equipment or other items supplied by LX1 whether by hire or sale.
  • Services: any design, production, project management, technical, transport, installation, programming, consultancy or related services supplied by LX1.
  • Hire Period: the period commencing when the Equipment leaves LX1’s possession on dispatch, collection or delivery and ending only when the Equipment is physically returned to, inspected and checked back into LX1’s premises or nominated location.
  • Charges: all hire charges, sale charges, transport charges, service charges, replacement costs, recovery costs and any other sums payable by the Customer under the Contract or quotation.
  • Customer: the person, firm, company or other organisation purchasing, hiring or otherwise receiving goods or services from LX1
  • Quotation: any written quotation, estimate, proposal or pricing document issued by LX1. Quotations are valid for 30 days unless otherwise stated. 
  • Site: any premises, venue, vehicle, location or property where Equipment or Services are provided, delivered, stored, used or collected. 
  • Replacement Value: the full new replacement cost of Equipment as determined by LX1, including shipping, taxes, configuration, programming and associated costs. 
  • Loss or Damage: includes theft, disappearance, confiscation, misappropriation, accidental damage, water damage, fire, misuse, vandalism or damage rendering Equipment uneconomical to repair. 
  • Insolvency Event: means administration, liquidation, receivership, dissolution, bankruptcy, a voluntary arrangement with creditors, inability to pay debts as they fall due, or any analogous process in any jurisdiction. 
  • Delivery & Return: occurs when Equipment is made available to the Customer, carrier or Site and when Equipment has been physically received, inspected and checked back into LX1’s control. 
  • Business Day: means any day other than Saturday, Sunday or public holiday in England.

4. Orders & Authority:

The person placing an order confirms they are authorised to bind the Customer, and over the age of 18. If not, they will be personally liable for all costs and losses incurred by LX1. 

5. Hire Charges & Payment Terms 

Standard payment terms: 

  • Short Term: 50% payment upon confirmation of Hire, 50% due 14 days before Hire starts 
  • Medium Term: charged every 2 weeks in advance 
  • Long Term: charged every 4 weeks in advance 
  • Where a payment schedule or advance payment is specified in the quotation or contract, that schedule shall take precedence over standard payment terms. 

LX1 reserves the right to require payment in advance, and/or a security deposit. All payments must be made in full without any set-off, counterclaim, deduction or withholding. 

VAT & Taxes: 

All Charges are inclusive of VAT and any other applicable taxes unless expressly stated otherwise. VAT will be charged at the prevailing rate at the time of invoicing.  

If the rate of VAT changes between the date of order and the date of supply, LX1 reserves the right to adjust the VAT accordingly. 

Late Payment: 

  • Interest shall accrue on overdue sums at 8% above Bank of England base rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. 
  • LX1 may: 
  • suspend further supply, 
  • terminate contracts, and/or 
  • recover Equipment without notice. 

All costs of recovery, including legal fees and debt collection, are payable by the Customer. 

LX1 shall have the right to recover Equipment without notice and without the need for a court order, to the extent permitted by law.

Acceptance of terms is agreed by the Customer by completing one or all of the following: 

  • Providing a signed quote 
  • PO issuance  
  • email approval 
  • collection of equipment 
  • payment 
  • use of equipment 

6. Insolvency & Financial Risk  

If the Customer: 

  • enters administration, liquidation, or insolvency, 
  • ceases trading, or 
  • LX1 reasonably believes payment is at risk, 

LX1 may immediately: 

  • suspend or terminate the contract, 
  • cancel any ongoing work, 
  • repossess Equipment without notice, 
  • demand immediate payment of all outstanding sums. 

All outstanding invoices become immediately due and payable. To avoid doubt, all sales equipment remains owned by LX1 until invoices are paid in full. Failure to return Equipment on demand constitutes wrongful interference with goods and may be treated as conversion. 

No variation to these Terms shall be valid unless agreed in writing by an authorised representative of LX1. 

The Hire Agreement shall terminate immediately without notice if the Customer enters administration, liquidation, receivership, a voluntary arrangement with creditors, ceases trading, or is unable to pay its debts within the meaning of section 123 Insolvency Act 1986. 

7. Title & Ownership

All hired Equipment shall always remain the property of LX1, or third-party company nominated by LX1, and the Customer shall have no rights to the Equipment other than as Customer 

The Customer acknowledges that for Hired Equipment: possession only is transferred and no ownership or equitable interest in the Equipment passes to the Customer. 

Title to sold Equipment or goods does not pass until paid in full. 

LX1 reserves the right to: 

  • enter any premises (including third-party premises where Equipment is located) to recover Equipment or unpaid goods. 
  • remove Equipment without liability for damage caused by reasonable access. 

      8. Risk & Responsibility 

      Risk in Equipment passes to the Customer upon delivery or collection and remains until returned and signed back into LX1.  

      The Customer is responsible for: 

      • loss, theft, or damage (regardless of cause), 
      • full replacement value if Equipment is lost or beyond repair, 
      • continued hire charges until Equipment is returned or replaced. 
      • The Customer must notify LX1 in advance if Equipment will be taken outside the United Kingdom. 

      LX1 strongly recommends the Customer arranges adequate insurance. LX1 retains the right to request such insurance proof. LX1 may refuse release of Equipment (for Hire or Sale) until satisfactory evidence of insurance is provided. 

      Hire charges will continue until Equipment is returned, replaced, or paid for in full. 

      9. Use of Equipment 

      The Hirer must: 

      • use Equipment safely and correctly, 
      • not modify, sub-hire, or move Equipment without consent, 
      • comply with all laws and safety regulations. 

      10. Delivery & Collection

      Delivery/collection arrangements will be agreed at booking. Additional charges may apply for: 

        • waiting time, 
        • failed delivery/collection, 
        • out-of-hours work, 
        • parking, tolls, or access issues. 

        The Hirer must ensure: 

        • safe and suitable site access, 
        • adequate ground conditions and space. 

        LX1 is not liable for damage caused by poor access or site conditions. 

        11. Delays Outside Our Control 

        LX1 is not liable for delays caused by events outside its control (including supply chain issues, transport disruption, or force majeure). LX1 will use reasonable efforts to minimise impact.

        12. Inspection & Faults 

        The Customer must inspect Equipment on receipt and notify LX1 within 24 hours of any issues. Failure to notify means Equipment is deemed accepted in good condition, and the Customer becomes liable for any damage or loss.

        13. Services 

        LX1 will provide Services with reasonable care and skill. Unless agreed otherwise: 

        • LX1 is not responsible for overall event success, 
        • nor for third-party failures. 

        14. Limitation of Liability 

        To the fullest extent permitted by law: 

        • LX1 is not liable for: 
        • indirect or consequential loss, 
        • loss of profits, revenue, or opportunity. 

        LX1’s total liability is limited to the value of the relevant contract. 

        Nothing limits liability for: 

        • death or personal injury caused by negligence, or 
        • fraud. 

        15. Cancellation & Fees 

        For the avoidance of doubt:  

        • All commitment payments are non-refundable 
        • Postponement, of Hire or Sale, is treated as cancellation 
        • LX1 reserves the right to charge any costs already incurred and a reasonable proportion of the total contract value. 

         

        Cancellation before Hire commences: 

        Short term Hire: 

        • Cancellation more than 14 days before start, 50% of total hire payable 
        • Cancellation within 14 days of start, 100% of total hire payable 

        Medium term Hire: 

        • Cancellation more than 14 days before start, 2 weeks hire charges payable 
        • Cancellation within 14 days of start, 4 weeks hire charges payable 

        Long term Hire: 

        • Cancellation more than 14 days before start, 4 weeks hire charges payable 
        • Cancellation within 14 days of start, 8 weeks hire charges payable 

        Cancellation during Hire period: 
        Minimum 28 days’ written notice required. Hire charges continue until: 

        •  the end of the notice period,  
        • and the Equipment is returned to LX1. 

        Payment structure continues during notice period: 

        • Medium Term: charged every 2 weeks in advance 
        • Long Term: charged every 4 weeks in advance 

        If Equipment is not returned on time, hire charges continue until received by LX1. 

        16. Confidentiality 

        Both parties agree to keep confidential any sensitive business or technical information. 

        17. General 

        • LX1 may update these Terms from time to time. 
        • If any clause is unenforceable, the rest remain valid. 
        • This Agreement is governed by English law. 
        • By entering into agreement or agreeing to these terms, no partnership or agency is created 
        • Rights are cumulative 
        • Failure to enforce is not a waiver 
        • Invalid clauses do not affect the remainder 

          18. Indemnity 

          The Customer indemnifies LX1 against: 

          • loss, damage, or claims arising from use of Equipment 
          • third-party claims 
          • insurance excesses 

          19. Law 

          This Agreement is governed by English law. 
          The courts of England have exclusive jurisdiction. 
          LX1 shall be entitled to seek injunctive relief or specific performance for recovery of Equipment. 

          LX1 retains the right to review and amend these terms and conditions. Updated January 2024.