terms & conditions.
LX1 Production Services is a Trading Name of LX1 Limited. LX1 Limited is a company registered in England & Wales. Registered number: 9548172. Registered office: 3b Spur Road, Chichester, West Sussex, PO19 8PR. VAT Number GB 212 3697 24
These are the Standard Terms and Conditions of Business for LX1 Production Services Ltd for the provision of goods and services. In booking LX1 Production Services to provide goods or services, this and any associated enclosures, annexed to these conditions, form the terms and conditions of this Agreement to which both parties agree to be bound for the provision of services contained herein.
This document is issued by LX1 Production Services (“LX1”) with the aim to describe the terms and conditions relating to Hire of the Company’s Lighting, Sound, Video, Scenic, Staging, Entertainment and Event Systems and Equipment for concerts, productions, pantomimes, tours, shows, events, and other performances, where provided.
- Hirer must be over the age of 18;
- Hirer must read and understand the following Terms & Conditions;
- Hirer must provide two forms of identification, one being a photo ID (passport, driving license etc);
- A security deposit might be required to be paid in full either in cash, via credit/debit card or via bank transfer;
- Hirer must sign, date and return the Hire booking agreement to LX1 Production Services;
- References to the singular include the plural and vice versa;
- References to any gender include every gender;
- References to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
- Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them;
- By issuing a purchase order or otherwise acknowledging a hire estimate issued by LX1 the Hirer is agreeing to these Terms and Conditions as amended in accordance with these Conditions;
- The signatory to the contract warrants that they are duly authorised on the Hirer’s behalf to enter into the contract and hereby personally indemnifies LX1 Production Services against all losses and costs that may be incurred by LX1 Production Services if this is not the case.
In this Agreement:
- “Agreement” means the obligations and duties contained herein and the enclosures annexed hereto;
- “Charges” means those outlined in the enclosure annexed to this Agreement; “Confidential Information” means all financial, business, technical or other data and all other information (whether written, oral or in electric form or other media) concerning the business affairs of a party that the other party obtains, receives or has access to as a result of the discussions leading up to the entering into or the performance of this Agreement;
- “Deposit” means the sum of 20% or such other sum as may be agreed, which shall be payable by you upon the date of the booking confirmation
- “The Supplier” Refers to LX1 Production Services or LX1
- “Hirer” means the person, firm, company, venue, theatre, corporation, public authority or body to whom the goods (as defined below), and or, services are hired, sold or provided.
- ‘Goods’ means the Goods for hire or sale specified in the Quotation and any part or component of them and any part consignment of them and any work or service provided by the Supplier as specified in the Quotation. ‘Quotation’ means the Supplier’s written or verbal Quotation; which shall be accepted by the Hirer either verbally or in writing.
- ‘Statutory Requirement’ means (without limitation) any requirement of any statute or derivative legislation of the United Kingdom and any regulation, directive or decision or legal instrument of any Institution of the European Community.
- “Contract” means a contract for the Hire of LX1 Production Services Equipment as outlined under Introduction; the Contract formalised between LX1 Production Services and the Hirer.
- “Equipment” means the equipment described or any individual item thereof, the item(s) of Equipment to be hired (or hired) by the Hirer as listed within the Hire agreement and/or contract, all substitutions, replacements or renewals along with other items or services included or implied whether specified or not.
- “Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located.
- “Hire Estimate” means, if issued, the information which could set out the details of Equipment for Hire, the Hire Time Period and the Hire Charge.
- “Hire Charge” means the charge payable by the Hirer to LX1 Production Services for the Hire of Equipment, whether daily, weekly, monthly or other specified Hire Time Period.
- “Order” means the individual orders for the Hire of Equipment placed by the Hirer from time to time in a branch, over the telephone, via online services or via LX1’s website in accordance with these Terms.
- “Hire Period” means the period of Hire as stated in the Contract or, starting on the date that Equipment is collected by the Hirer or dispatched by LX1 and ending on the date on which the Equipment is returned to LX1, unless the Contract is terminated earlier in accordance with these Terms or extended further by agreement between LX1 and the Hirer.
- “Hirer” means the Hirer of Equipment from LX1 Production Services.
- “Terms” means these terms and conditions.
- ‘List Price‘ means the Supplier’s current Price List.
Provision of the Equipment:
- LX1 Production Services agrees to supply the Hirer with Equipment described in the Hire Contract for the Hire Period.
- All Equipment is supplied in full working order and any defective items will be replaced promptly by LX1 Production Services unless the Equipment in question has been damaged by the Hirer. Furthermore, any costs incurred due to Equipment and/or technical fault will be the responsibility of the Hirer, not LX1 Production Services. All equipment will be health and safety inspected in addition to practical inspection ahead of dispatch.
- 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. Re-hire is not allowed by the Hirer without advanced written permission.
Delivery and Collection:
- During the order process delivery and collection will be arranged between LX1 and Hirer, LX1 holds preference to provide/deliver the Equipment where possible.
- LX1 is not responsible for delays outside of LX1’s control. If LX1’s supply of the Equipment is delayed by an event outside LX1’s control (including but not limited to any disruption or delay to LX1’s business or supply chains arising as a result of the United Kingdom’s exit from the European Union or any form of health epidemic) then LX1 will contact the Hirer as soon as possible to let the Hirer know and LX1 will take steps to minimise the effect of the delay.
- If the Hirer does not allow or procure LX1 access to its property to provide the Equipment as arranged LX1 may charge the Hirer additional costs incurred by LX1 as a result. If, despite Lx1’s reasonable efforts, LX1 is unable to contact the Hirer or re-arrange access to the Hirer’s property LX1 may end the contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow LX1 to access it to effect Delivery in a safe manner without causing damage. The Hirer acknowledges that LX1 may affect deliveries or collections in large, heavy commercial vehicles and will hold LX1 harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with LX1 staff prior to completing an Order and noted on the Order, failing which LX1 shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.
- Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at LX1’s premises or a Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to LX1 once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt, where the Hirer contacts LX1 to off-hire the Equipment, risk will always remain with the Hirer until loading onto the collection vehicle is complete.
- LX1 may need certain information from the Hirer so that LX1 can supply the Equipment, for example, delivery details. LX1 will contact the Hirer to ask for this information. If the Hirer does not give LX1 this information within a reasonable time of LX1 asking for it, or if the Hirer gives LX1 incomplete or incorrect information, LX1 may either end the Contract or make an additional charge of a reasonable sum to compensate LX1 for any extra work that is required as a result. LX1 will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving LX1 the information LX1 needs within a reasonable time of LX1 asking for it.
- The Hirer shall grant or procure the grant of access to the Site to LX1 to allow the collection of the Equipment and make the Equipment available for collection by LX1 on the date and time agreed between the parties. If LX1 is unable to collect the Equipment as arranged LX1 may charge the Hirer any additional costs incurred by LX1 as a result.
- When a Hirer wishes to collect or return Equipment from or to an LX1 assigned site/base (including the site of an LX1 partner), it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by LX1 staff and the Hirer shall hold LX1 harmless in the event of contravention of this. Should the Hirer have any doubt as to whether this can be complied with, it should ask LX1 to arrange a collection/delivery, subject to Charges (as applicable).
- Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the Equipment at the Site and on its return to LX1 and for all costs incurred in connection therewith.
- The Hirer shall conduct a reasonable inspection of the Equipment upon receipt. If such inspection reveals that the Equipment is damaged, or that some of the Equipment is damaged, or that some of the Equipment has been lost, the Hirer shall notify LX1 and the carrier in writing within 24 hours of the date of receipt. Damaged Equipment may be retained by the Hirer for inspection by the carrier provided that it shall be returned to LX1 on demand. If the Hirer fails to notify LX1 and the carrier in accordance with this Condition, or to return the equipment on demand, the Hirer shall pay to LX1 the full cost of repair or replacement of the Equipment or full hire rate until returned.
- For Hirers collecting and returning Equipment, LX1’s normal working hours are Monday to Friday 9am – 6pm.
- LX1’s normal hours of delivery are Monday to Friday 9am – 5pm. Outside these hours additional charges may apply.
- LX1 reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.
Hire Charges and Payment:
Hire commitment due upon confirmation
Commitment due at 14 days prior to delivery
Notice period for hire interruption*
Notice period for cancellation
1 to 28 days
50% due 7 days before delivery
50% due 7 days after delivery
29 to 365 days
2 week rates
4 week rates
4 weeks due 7 days before delivery
Subsequent weeks due in advance charged 2 weekly
28 days notice due for early cancellation
4 week rates
8 week rates
8 weeks due 14 days before delivery
Subsequent weeks due in advance charged 4 weekly
28 days notice due for early cancellation
- Rental periods are defined under 3 categories:
- Short Term hire 1 to 28 days
- Medium Term hire 29 to 365 days
- Long Term hire 366+ days
- Hire commitments are the amounts agreed by the Hirer when they confirm the Hire service and Equipment by LX1. The Hire commitments due upon confirmation are:
- Short Term hire 50% of hire
- Medium Term hire 2 weeks of hire rate
- Long Term hire 4 weeks of hire rate
- The above confirmation commitments are the amounts received if a cancellation before the Hire period occurs – please see Cancellation.
- Hire commitments increase at the point the hire period is 14 days away. The Hire commitments due 14 days before the Hire Period are:
- Short Term hire 100% of hire
- Medium Term hire 4 weeks of hire rate
- Long Term hire 8 weeks of hire rate
- The above confirmation commitments are the amounts received if a cancellation before the Hire period occurs – please see Cancellation.
- The first transacted payment of the Hire is due in advance of the Hire Period:
- Short Term hire 50% of hire charges due 7 days before the Hire Period
- Medium Term hire 4 weeks of hire rate due 7 days before the Hire Period
- Long Term hire 8 weeks of hire rate due 14 days before the Hire Period
- After the first payments are received the subsequent payments commence. Weekly Hire charges commence from the date stated in the contract i.e. the start of the Hire Period, from date of dispatch or date of collection, and are payable for the period of hire in a fixed structure:
- Short Term hire remaining 50% is due 7 days after the Equipment is with the Hirer
- Medium Term hire weekly rates are due in advance every 2 weeks
- Long Term hire weekly rates are due in advance every 4 weeks
- Payments are due in advance, late payments are not acceptable. In any event of terms and conditions or contract breach, additional charges accrue at the full weekly hire rate together with consequential loss.
- Equipment must be returned, or collected from the venue, on or by the time and date agreed in writing.
- All equipment must be returned in similar high standard condition as it was received by the Hirer at the start of the hire, in clean and serviceable condition or additional charges will be made.
- LX1 may provide spare elements with Equipment if appropriate. These and any elements must be returned with the Equipment and in default their full replacement cost will be charged
- Charges run from day of dispatch or collection until day of return and are based on a period of one week or part thereof irrespective of whether the goods are in use or not.
- The Hirer shall pay to LX1 any packing and delivery charges where appropriate.
- The Hirer shall pay LX1 issued hire invoices hereunder within 14 days of the date of invoice- and/or by the date specified as payment due.
- All amounts due from the Hirer to LX1 shall be paid in full without any set-off, counterclaim, deduction or withholding whatsoever (other than any deduction or withholding of tax as required by law).
- The Hire amount/Charges (which includes VAT) will be the price indicated on the hire order documentation (or otherwise notified to the Hirer) when the Hirer confirms the Order.
- LX1 will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:
- any requirement variation in the Hirer’s for the Equipment;
- Any additional or new information provided by the Hirer being inaccurate or incomplete; or
- any failure or delay by the Hirer in providing information.
- At the time the Equipment is ordered, LX1 may require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow LX1 to take a deposit. The Deposit, under no circumstances will be refundable.
- LX1 may off-set the Deposit against amounts owed by the Hirer to LX1. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), LX1 shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Hirer specifically consents to this.
- The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by LX1 shall be paid by the Hirer within a period of fourteen (14) days from the invoice issue date.
- If the rate of VAT changes between the Order date and the date LX1 supplies the Equipment, LX1 will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Equipment in full before the change in the rate of VAT takes effect.
- Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by LX1 in the recovery of amounts due or the recovery of the Equipment. In addition, LX1 is entitled to suspend further services to the Hirer.
Termination of Hire:
- Termination shall not affect the right of LX1 to recover from the Customer any monies due under this contract. LX1 shall be entitled to terminate the contract with immediate effect and to repossess the Equipment if at any time: (a) The Customer is in breach of these terms or has caused any damage or loss to LX1; or (b) The Customer should take any steps, or act in such a way, to portray the Customer’s solvency is in the reasonable view of LX1 in doubt.
- The Customer hereby authorises LX1 to enter upon any property, upon which LX1 reasonably believe any Equipment to be held and LX1 in their absolute discretion may recover and remove the Equipment
- The Customer hereby authorises LX1 (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to LX1 arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of LX1
Cancellation of Contract:
- Short Term Hire (rental period 1 to 28 days) in the event of cancellation 50% of the hire will be due. However, in the event of cancellation from 14 days before Short Term hire commencement date 100% of the hire will be due.
- Cancellation before Medium Term hire (29 to 365 days) commencement dates
- In the event of cancellation before the beginning of hire there will be the 2 weeks of hire rate commitment agreed at point of confirmation, charged to the customer
- In the event of cancellation 14 days before the beginning of hire, and thereafter, there will be the 4 weeks of hire rate commitment agreed at point of confirmation, charged to the customerPostponement of an agreed date shall be regarded as a cancellation.
- Cancellation before Long Term hire (366+ days) commencement dates
- In the event of cancellation before the beginning of hire there will be the 8 weeks of hire rate commitment agreed at point of confirmation, charged to the customer
- In the event of cancellation 14 days before the beginning of hire, and thereafter, there will be the 12 weeks of hire rate commitment agreed at point of confirmation, charged to the customerPostponement of an agreed date shall be regarded as a cancellation.
- Medium Term hire (29 to 365 days) and Long Term hire (366+ days) cancellation during hire period
- The customer must provide 28 days’ notice of cancellation during the hire period. If the equipment is not returned on the 29th day, the weekly hire amount will continue thereafter until the equipment is with LX1. Once cancellation notice has been received in writing and acknowledged by LX1, the agreed weekly hire payment structures will remain in place until the 29th day/until the equipment is with LX1, said payment structures are:
- Medium Term weekly hire payment due in advance charged 2 weekly
- Long Term weekly hire payment due in advance charged 4 weekly
- Medium Term and Long Term Hire cancellation due to Coronavirus Pandemic/Covid-19
- Cancellation directly because of the UK Government’s Covid-19 guidance and restrictions (or change therein) LX1 will accept a cancellation notice period of 14 days (reduced from the standard 28 days). However, the weekly hire payment structures will remain in place until the 15th day/until the equipment is with LX1.
Use of Equipment Hired:
- The Hirer shall ensure that the Equipment is both installed and used by competent and qualified personnel in a manner which complies with any applicable statute, regulation or order from time to time in force affecting the Equipment including but not limited to the Health and Safety at Work Act 1974 and any statutory amendment or replacement of it.
- The Hirer shall at its expense keep the Equipment in good repair, condition and working order, fair wear and tear excepted. Without prejudice to the generality of the foregoing, the Hirer shall on a very regular basis and certainly every week:-
- Inspect, test and clean the Equipment;
- Check and maintain wiring to and fixing and rigging of the equipment.
- The Hirer shall not without the prior written consent of LX1 Production Services make any modification or alteration to the Equipment, or take the Equipment outside of the United Kingdom, or if the Equipment is delivered to a Hirer in a country outside of the United Kingdom, then the Hirer shall not without the prior written consent of LX1, take the Equipment outside of that country.
- The Hirer shall not, without the prior written consent of LX1 in writing, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of the Equipment.
- The Hirer shall allow LX1 to inspect the Equipment upon request during LX1’s normal working hours.
- The Hirer shall return all faulty lamps to LX1. The replacement cost of the lamps will be charged to the Hirer if they are not returned.
- In addition to the above, the Hirer:
- shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party to repair the Equipment and shall notify LX1 immediately if any repair is necessary
- shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used;
- shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;
- shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by the Equipment manufacturer, or LX1.
- shall not make any alteration to the Equipment (including defacing or covering up LX1’s labelling or mark);
- shall not without the prior written consent of LX1, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;
- shall not, without the prior written consent of LX1, part with control of the Equipment;
- shall not do or permit to be done anything which could invalidate LX1’s insurances;
- is responsible for the security of the Equipment whilst in the Hirer’s possession; and
- will take all appropriate measures to secure the Equipment at the Site, including when not in use.
Breakdown, Loss, Damage and Repairs and Insurance:
- Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment or where stoppage occurs in the course of carrying out normal repairs, full allowance for the Hire charges in respect of the individual piece of Equipment that has broken down in such circumstances will be made to the Hirer, any claims to be considered from the time and date of notification in writing by the Hirer.
- Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the Hirer shall be responsible for all loss or damage incurred by LX1 arising from any breakdown and for the payment of the hire charges during the period the Equipment is inoperable due to such breakdown.
The Hirer shall pay LX1:
- all costs and expenses in respect of:
- (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and
- (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire.
- Such costs and expenses shall be confirmed to the Hirer by LX1, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and
- the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by LX1.
- On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to LX1, or LX1 assigned site/base (i.e LX1 partner) and unless agreed otherwise in writing, the Hirer will return the Equipment to LX1, or LX1 assigned site/base (i.e LX1 partner.
- The Hirer will grant and will ensure that the owner of any third party premises will grant to LX1, its agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this are without prejudice to any rights and remedies of LX1.
- LX1 may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. LX1 will give you reasonable notice if it intends to do this.
- 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 LX1 or its agent to carry out such work at the Hirer’s expense.
- The Hirer shall during the Hire Period (without prejudice to the liability of the Hirer to LX1 pursuant to previous condition) keep the Equipment insured for its full replacement value with a reputable insurance company against loss or damage from all risks (including third party risks).
- The Hirer shall notify its insurers that the Equipment is on hire from LX1 and request the insurers to endorse a note of such interest on the policy, naming LX1 as loss payee. The Hirer shall on demand show to LX1 the policy, the 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 the said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.
- Where any event or accident shall occur which is a risk covered by the Hirer’s insurance hereunder, the Hirer shall immediately notify LX1 thereof. The Hirer shall hold any monies received by the same as LX1 directs.
- We shall, upon accept of commitment, and receipt of an official purchase order confirmation or any other form of written confirmation, undertake to perform the following: –
- To use our reasonable endeavours to provide you with goods and services for your hire/event/show/production/pantomime/tour as per our confirmed Quotation
- To immediately notify you in the event of any change in circumstances (to include but not limited to operation of law) that renders the performance or completion of our obligations under this Agreement temporarily or permanently impossible.
- Use our reasonable endeavours to ensure that the equipment supplied is operational.
- If the equipment and/or services, become temporarily unusable or unavailable (other than as a result of accident, damage, theft or vandalism), make available replacement equipment and/or services (not necessarily of the same type and age) within 48 hours (or as soon after that as is practicable).
- You warrant that you: –
- Will pay all reasonably incurred charges in full and VAT or any similar tax (if applicable) as and when they become payable in accordance with the hire agreement
- Will immediately notify us in the event of any change in circumstances (to include but not limited to operation of law) that renders the performance or completion of our obligations under this Agreement temporarily or permanently impossible.
- The Customer agrees to pay LX1 the full retail cost of any Equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear tear or age)
- The Customer shall insure the Equipment against the above liability. It is the responsibility of the customer to insure the Equipment from the hire commencement date for the duration of the hire period, insurance coverage must cover all areas of transport, storage, and indoor/outdoor environments.
- All monies received by the Customer from any insurance company or third party in settlement of any claim shall be held in trust by the Customer and paid to LX1 on demand to the extent that any such payment is due under this clause
- The Customer shall not compromise or settle any claim without the express consent of LX1
- In the case of Equipment which is lost stolen or damaged beyond economic repair the Customer shall pay a charge at the full hire rate together with interest and consequential loss until the Equipment is replaced
- If for any reasons the equipment is stored or in transit by the customer outside the hire period or not returned on time as agreed with LX1 then the equipment must remain insured by the customer.
- The Hirer agrees to pay LX1 the full new List Price sale rate (or in the case of items not usually sold, the full replacement cost) for any Goods which are lost or stolen or damaged beyond economic repair, and without any deduction for usage, wear and tear or age, and shall insure the Goods on this basis. All monies received by the Hirer from an Insurance Company or from any other source in settlement of any claim relating to the loss, theft or damage of Goods, shall, to the extent that any payment is due to LX1 under this Condition be held in trust by the Hirer (or successor/assigned body) and paid to LX1 on demand. In the event of loss or damage to the Goods LX1’s account shall be settled in full on demand and such payment shall not be conditional on prior recovery by the Hirer of any sums under a policy of insurance or from any other source. The Hirer will take all practical steps to secure a proper return of lost or stolen Goods. In the event of lost or stolen Goods being subsequently recovered and returned by the Hirer to LX1, the Hirer will be credited with the invoiced value of those Goods, less the appropriate hire charges, from the date on which the LX1 received notification of loss to the date of return.
Condition of Returned Equipment:
- The Customer is fully responsible for care safe keeping and return in good order of the Equipment
- The Customer will reimburse all costs incurred by LX1 in rectifying the condition of any Equipment returned damaged or unclean and shall in addition pay a charge at the full hire rate together with interest and any consequential loss until rectification
- The Equipment shall at all times remain the property of LX1 or a LX1 partner, or third party company (as the case may be) and the Hirer shall have no rights to the Equipment other than as Hirer.
- At our discretion, you agree to indemnify us in respect of all reasonable incidental or extra costs being (to include, but not limited to, any excess payable pursuant to any claim upon our insurance policy, or theft and damage to equipment and damage or liability to Third Parties arising from the performance or part performance of this Agreement).
- This Agreement is severable in that if any provision of this Agreement is determined to be illegal or unenforceable by any Court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement.
- Any delay or failure to exercise a right or remedy arising under this Agreement or by operation of law does not constitute a waiver of the right or remedy or waiver of any other right or remedy. A waiver of a breach of terms or of default under this Agreement does not constitute a waiver of any other breach or default and shall not affect any other terms contained in this Agreement. Any such waiver of a breach or default under this Agreement shall not prevent a Party from subsequently requiring compliance with the waived obligation. The rights and remedies provided by this Agreement are cumulative and (subject as otherwise provided in this Agreement) are not exclusive of any rights or remedies arising under law.
No Partnership / Agency
- Nothing in this Agreement is intended or shall operate to create a Partnership or joint venture of any kind between the Parties, or authorise a Party to act as Agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any warranty, representation, assumption of obligation or liability or the exercise of any right or power).
- This Agreement shall be capable of being varied only by a written instrument signed by a duly authorised officer or representative of both Parties.
- In this Agreement (except where the context requires);
- Any enclosures (as amended from time to time) shall form part of this Agreement and shall be construed and shall have the same force and effect as if it was set out in the main body of this Agreement, and any reference to this Agreement includes the Enclosures; References in this Agreement to any Clause shall be deemed to be a reference to the enclosures of this Agreement;
- Use of the singular includes the plural and vice versa;
- Use of gender includes other genders;
- Any phrase introduced by the terms “including”, “include”, “in particular” or an similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and Any statement qualified by a reference to a Party’s state of knowledge belief or awareness shall be deemed to include an additional statement that it has been made after due and careful enquiry.
- This Agreement shall be governed and construed in accordance with the Law of England.
- Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement. By signing the booking confirmation, I hereby state that I have read foregoing terms and have understood their nature and effect and I hereby agree to be bound by the terms herein.