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Terms and Conditions


1.    Definitions

1.1    “KSS” means MCS Production Services Ltd t/a KSS Production Services

1.2    “Hirer” means the individual or organisation hiring equipment from KSS

1.3    “Equipment” means all equipment supplied by KSS as part of the hire

1.4    “Services” means any services provided in relation to the booking by KSS employees or sub-contractors

1.5    “Contract” means a contract for the hire of equipment concluded by acceptance of a Quotation

1.6    “Location” means the location where KSS shall provide the Equipment and the Services ordered by the Hirer as indicated in the booking, and in the event that the Hirer collects the Equipment, such Location as agreed by KSS and specified in the Booking

1.7    “Quotation” means, if issued, the document outlining the charge for the Equipment for a Hire Period

1.8    “Hire Period” means a period beginning on the date the Equipment is delivered or collected by the Hirer, and ending on the date the Equipment returns to KSS

1.9    “Hire Charge” means the charge summarised in the final agreed Quotation


2.    Order Confirmation

2.1    KSS accept orders only by written confirmation, either explicit or implicit. Unless agreed otherwise, the written acceptance shall constitute the Contract, of which these Terms and Conditions shall constitute a part; any Terms and Conditions in the Hirer’s order or any other documentation of whatsoever kind issued by the Hirer which are inconsistent with these Conditions shall have no effect on the Contract

3    Equipment

3.1    All Equipment supplied to the Hirer remains the property of KSS

3.2    KSS will hire the Equipment to the Hirer for the Hire Period at the Hire Charge

3.3    KSS will endeavour to supply the Equipment as listed on the Quotation, but reserves the right to substitute equipment similar in specification should the Equipment in the Quotation be unavailable

3.4    The Equipment shall not be removed from the Location without prior written confirmation from KSS. If KSS give agreement for the Equipment to be removed then all Terms and Conditions remain in force at the new Location

3.5    All descriptions, weights, values and dimensions provided to the Hirer by KSS are approximate or indicative only and do not form part of the contract


4    Hire Period and Charges

4.1    The Equipment shall be collected by KSS or returned by the Hirer at the end of the Hire Period

4.2    If the Equipment is not returned to KSS by the Hirer on the due day, then a daily pro-rata charge will continue to be applied based on the Quotation for the Hire Period


5    Payment Terms

5.1    The full amount of the invoice shall be payable in advance of the Hire Period unless credit has been agreed between KSS and the Hirer in writing


6    Hirer’s Indemnity

6.1    KSS states that all Equipment supplied is of sound condition, functions, and complies with safety standards, however the Hirer acknowledges that he has inspected or will inspect the equipment and in accepting it agrees that it is suitable for its purpose, functions correctly and complies with safety regulations

6.2    No liability shall be assumed for consequential loss, damage or expenses resulting from interruptions in use or operation of the Equipment

6.3    No liability shall be assumed for death or injury to any person or to property arising either directly or indirectly from the Equipment or its use

 

7    Hirer’s Obligations

7.1    Any signature or receipt given by any agent or employee of the Hirer is deemed to be given with the full knowledge and approval of the Hirer and shall be accepted in all respects as proof that the Equipment has been received into the care of the Hirer

7.2    The Equipment is solely the responsibility of the Hirer during the Hire Period

7.3    Any loss, theft or damage must be reported to KSS and to the police immediately

7.4    In the event of loss, theft or damage, the Hirer agrees to indemnify KSS for the cost of the repair or replacement of the Equipment, whichever KSS wishes, and will pay such costs and any associated costs and expenses as are, or will reasonably, be incurred by the Owner within five business days of the loss, damage or theft

7.5    The Hirer is responsible for providing sufficient insurance to cover the equipment when it is the Hirer’s possession

7.6    The Hirer must ensure that the Equipment is kept safe, dry and secured when not attended

7.7    The Hirer shall not sublet or hire the Equipment detailed in the Quotation without prior written consent from KSS


8    Cancellation

8.1    All cancellations of Hire by the Hirer should be communicated in writing to KSS

8.2    Should the Hirer wish to cancel the Hire within 4 calendar weeks of delivery, 50% of the Hire fee will be retained by KSS

8.3    Should the Hirer wish to cancel the Hire within 2 calendar weeks of delivery, 75% of the Hire fee shall be retained by KSS

8.4    Should the Hirer wish to cancel the Hire within 1 calendar week of delivery, 100% of the hire fee shall be retained by KSS

8.5    Any cost incurred by KSS relating to the contract shall be charged to the Hirer.


9    General

9.1    The Hirer shall not assign or transfer all or any part of a Contract to another party

9.2    While KSS will use all reasonable endeavours to discharge its obligations under a Contract in a prompt and timely manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control

9.3    No delay or neglect by KSS in enforcing a Contract shall prejudice the KSS’ rights or be construed by the Hirer as a waiver

9.4    The formation, construction and performance of all Contracts shall be governed in all respects by English law and under the exclusive jurisdiction of English Courts

KSS, Unit 3, Grosvenor Way, London, E5 9ND  -  020  8279 2171  -  info@kssaudio.co.uk  -  kssaudio.co.uk/facebook