Clubtek Hire: Full Terms & Conditions

This version published 20 October 2008

Main Points

1. For all hires, the Hirer must:
1. Agree to Clubtek Hire: Full Terms & Conditions (These Conditions). Payment of the hire fee signifies this agreement.
2. Sign a hire agreement or delivery note to confirm agreement.
3. Supply proofs of identity:
• Individuals: 1 photo proof of identity either a driving licence or passport plus 2 proofs of address such as a recent bank or utility bill showing their current address.
• Companies: an individual within the company must take personal responsibility for the hire – proofs as above.
• If insufficient proofs are provided on delivery or collection, Clubtek reserves the right not to supply the Equipment without refunding delivery or hire charges.
4. Consent to their photo being taken by Clubtek and kept on file until the Equipment is returned and all charges paid.
5. Pay the total amount due for the hire of the Equipment in advance, or at the time of collection or delivery as appropriate
6. Pay a refundable security deposit to be agreed at the time of booking which will be returned without interest upon safe and timely receipt by Clubtek of the Equipment.
7. Pay hire fees and deposits in cash, by bank transfer or by credit or debit card. Cheques are not accepted. American Express is only accepted for hire charges and not for security deposits.
2. Security deposits: the purpose of security deposits is to encourage hirers to take their responsibilities seriously and to reduce administrative costs to Clubtek when items are returned late or damaged. They do not limit the Hirer’s liability.
3. Advance bookings: to confirm an advance booking and reserve the Equipment, the Hirer must pay at minimum a booking deposit of 20% of the hire fee or £10 (whichever is greater). Booking deposits are non-returnable in the event of cancellation.
4. Hirer's responsibilities – all hires:
1. to check they have received the Equipment from Clubtek as listed in good working condition, before signing the delivery note.
2. to specify everything needed for the hire.
3. to ensure they are able to set up and operate the Equipment according to local health and safety regulations.
4. to use the Equipment indoors only unless it is specified by Clubtek as outdoor equipment.
5. to inform Clubtek if there have been any problems with the Equipment during the hire period.
6. to return the Equipment in person or by Clubtek’s collection service and not by courier unless prior consent in writing is given by Clubtek. If Clubtek agrees to collect the Equipment, it remains the Hirer’s responsibility until in Clubtek’s possession.
7. to return items in the condition supplied by the time agreed. Charges for late returns are limited to the hire fee for the additional period. Charges for damage beyond normal wear and tear or unreturned items are limited to the full cost to Clubtek of repair, repossession or replacement as appropriate. Hirers agree to pay any fees or costs incurred by Clubtek in repossessing items or collecting charges due. Here are some examples of situations which incur an additional charge:
• items received back after the return date
• items that are excessively dirty or items packed without care
• cables which resemble spaghetti or cables that are not the original labelled Clubtek cables
• rips & tears in backdrops, nets or stars will be charged at a minimum of £5 each
8. not to modify or change the Equipment in any way.
9. not to repair, attempt to repair or request a third party to repair or attempt to repair the Equipment.
10. if returning items by courier as agreed by Clubtek in writing, to insure the contents of the parcels returned to the value specified by Clubtek, and if unsure of the value, to check with Clubtek before dispatch.
11. to obtain directly any other insurance required during the hire period
12. to give orders or instructions to Clubtek in writing and if given orally to confirm in writing within 3 days.
5. Hirer's additional responsibilities – decor hires:
1. to inform Clubtek if any of the décor or camouflage net has got wet during the hire period.
2. if décor is stapled, to take it down using staple remover tools to avoid damage.
6. Clubtek endeavours:
1. to ensure the Equipment is supplied in good working order. In the event of mistake or malfunction, Clubtek’s liability is limited to total of the hire charges. Statutory rights are not affected.
2. to supply the Equipment as booked in advance. Clubtek reserves the right to supply substitute alternative equipment at its discretion if that originally booked becomes unavailable. As much notice as possible will be given.
3. to comply with agreed time schedules, but will accept no liability for the non-delivery of the Equipment or non-arrival of Technicians by a specific date or time.
7. Clubtek is not responsible:
1. for any damage, injury or other consequential losses arising from the use of the Equipment.
2. for any damage, injury or other consequential losses arising from the misuse of the Equipment.
3. for any damage, injury or other consequential losses arising from the malfunction of the Equipment.

The Small Print

The above gives an overview of the main terms and conditions of hire which are further qualified in legalese as follows:

8. In the conditions unless the context appears otherwise the following words and expressions shall have the following meanings:-
1. These Conditions means the conditions of hire herein contained
2. The Hirer means the person firm or company who or which has agreed to hire the Equipment from Clubtek
3. The Equipment means the Equipment specified overleaf together with (if any) the accessories and flight cases specified overleaf and any part or parts of the same
4. The Technicians means the employee(s) agent(s) or subcontractor(s) of Clubtek (if any) supplied with the Equipment to operate the same the number of which (if any) shall be specified overleaf
5. The Agreement means the agreement between Clubtek and the Hirer for the hire of the Equipment
9. The Agreement is subject to these Conditions which supersede all previous communications representations and agreements whether written or oral and no additions or alterations to these Conditions shall be binding on Clubtek unless agreed to in writing and signed by a duly authorised officer or employee or agent of Clubtek. Any terms and conditions proposed by the Hirer shall only apply if the same have been agreed by or on behalf of Clubtek in accordance with the provisions of this paragraph and in the case of any conflict between such terms and conditions and these Conditions the latter shall prevail.
10. Clubtek endeavours to ensure that the Equipment is sound and in good order and condition at the time of delivery to or collection by the Hirer but it shall be the responsibility of the Hirer to ensure that the Equipment is fully suitable in all respects (including type and condition) for the purpose for which it is hired. Upon delivery or collection the Equipment shall be examined and checked by the Hirer before being taken into use and if found to be defective or deficient will be replaced or defects or deficiencies remedied by Clubtek without additional charge but in no circumstances shall Clubtek be liable for any loss or damage of whatever kind however caused arising out of or in connection with the use of or the inability to use the Equipment. The Hirer shall use or cause to be used the Equipment in a skilful and proper manner and shall at his own expense keep it in good and substantial repair and condition (save for fair wear and tear) and further shall take all precautions necessary to ensure its safety and security. The Hirer will not open the outer case (if any) of the Equipment or of any item or part thereof nor interfere in any way with the Equipment of the mechanism thereof or any nameplates or signs or serial numbers thereon and will not expose the Equipment to the elements (in particular to salt water and spray) and will keep the Equipment protected in all respects. Unless the same shall have been caused by the wilful default or wilful misconduct of the Technicians any loss of or damage to the Equipment including loss or damage caused by non familiarisation or misuse of the same is the sole responsibility of the Hirer who will be charged with the cost of repair or full replacement value of the Equipment as the case may be. The Hirer must not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment . Clubtek reserves the right where the Equipment is in its absolute discretion of a high technology specification to require that the Hirer uses the services of a Technician at the cost of the Hirer and in such cases only the Technician may use such Equipment.
11. Any order or instruction required to be given to Clubtek by the Hirer shall be given by him or his duly authorised agent in writing. If given orally it shall be confirmed in writing to Clubtek within three days. Clubtek shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer not received by Clubtek in writing or so confirmed. The Hirer shall be solely responsible for any statement representation order instruction guidance or advice made or given by the Hirer to any Technician.
12. The Equipment shall be delivered and collected at such time and place as shall be mutually agreed between Clubtek and the Hirer. If delivered to the Hirer the signature of any person purporting to be any employee of the Hirer shall be sufficient evidence of delivery. Clubtek shall use its best endeavours to comply with any time schedules but will accept no liability for non delivery of Equipment or non arrival of Technicians by a specific time or date or within a specified time from receipt of order. Clubtek shall not be liable for delays due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of Government labour disputes and delays in transport.
13. During the continuance of the Agreement the Hirer shall pay to Clubtek by way of rent for the hire of the Equipment and the Technicians; Clubtek’s hire charges shown in Clubtek’s Rate Card; current from time to time or such other hire charges as may have been agreed in writing between Clubtek and Hirer. For the avoidance of any doubt the Hirers shall be liable for payment of hire charges as from the time for which the Equipment is ordered (which shall be the commencement of the hire period) until either (i) the time of its return to Clubtek or(ii) if the Equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such case the time of its replacement or repair and Clubtek undertakes to replace or repair the same as soon as reasonably possible. A 24 hour period or part constitutes one day’s hire.
14. In addition to the charges referred to herein Clubtek at its sole discretion may require that the Hirer shall pay to Clubtek charges in respect of insuring the Equipment upon the terms and conditions and subject to the exclusions of liability contained in the insurance policy for the time being in force which Clubtek has negotiated for such purposes. A copy of such policy shall be made available to the Hirer upon request PROVIDED THAT where the Hirer has confirmed that it has arranged insurance cover which is already in existence against all risks for the full replacement value of the Equipment and given full details thereof to Clubtek then Clubtek may waive this requirement.
15. Without the previous consent of Clubtek Equipment must not be used on any abnormal or hazardous assignment taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by any airline recognised by IATA unless otherwise agreed by Clubtek prior to the commencement of the hire. The Hirer shall be solely responsible for obtaining all customs Clearances Licences and permits as shall be necessary to take the Equipment out of the United Kingdom. If any Equipment taken out of the United Kingdom is lost or is damaged or breaks down and Clubtek agrees to replace the same Clubtek’s liability shall only extend to delivery of any replacement at an address in the United Kingdom.
16. In addition to the hire charges for the Equipment the Hirer shall pay all delivery charges.
17. The Hirer shall pay Value Added Tax at the rate current from time to time on and in addition to all charges due to be paid by the Hirer to Clubtek under the terms and conditions of the Agreement.
18. All hire and other charges are net and unless otherwise agreed between Clubtek and the Hirer shall be due and payable prior to the hire. Any additional charges shall be due and payable within 30 days of the invoice date. If any hire charge or other sum due to Clubtek shall not be paid by the Hirer on the date when the same shall be due and payable the Hirer shall be liable to pay interest upon such hire charge or other sum at the rate of 4% per annum above the base rate of National Westminster Bank PLC from time to time during the period in which interest is payable from the due date until the date of payment.
19. The Equipment remains at all times the property of Clubtek and the Hirer shall have no right title or interest therein save that of a hirer thereof under these Conditions. The Hirer shall not sell or offer for sale assign mortgage pledge underlet lend or otherwise deal with the Equipment or any part or parts thereof or deal with the Hirer’s interest under these Conditions which interest is personal to the Hirer and the Hirer will keep the Equipment in his own possession for his own use and will not allow any lien or other encumbrance to be created in respect of the same.
20. The amount of the deposit (if any) specified shall be returned to the Hirer without interest when the Equipment has been returned to Clubtek and all charges and other monies due to Clubtek under the terms of the Agreement have been paid.
21. The Agreement may be terminated by Clubtek forthwith by written notice given by Clubtek to the Hirer to that effect on the happening of any of the following events namely if the Hirers fails to pay any charges hereunder within seven days of the same having become due (whether demanded or not) or fails to observe or perform any other of these Conditions or if the Hirer commits any act of bankruptcy or being a company goes into liquidation or has a Receiver appointed in respect of the whole or any part of its undertaking or assets or is subject to a Receiving Order or makes any arrangement with or assignment for the benefit of the Hirer’s creditors or if distress is levied or threatened on any of the Hirer’s property or if the Hirer abandons the Equipment.
22. The termination of the Agreement and the hire thereby created for any reason whatsoever shall not affect any other right or remedy of Clubtek against the Hirer and without prejudice to the generality thereof shall not affect the right of Clubtek to recover from the Hirer any hire charges and other monies due to Clubtek at the date of such determination and shall no affect Clubtek’s right to recover damages from the Hirer in respect of any breach of these Conditions.
23. Any time or other indulgence granted by Clubtek to the Hirer shall not affect the rights of Clubtek under the Agreement.
24. Clubtek shall not in any circumstances be liable to the Hirer or any third party for any claims in respect of loss of profits special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to persons or property howsoever caused whether arising directly or indirectly from the hire or use of Equipment by the Hirer.
25. Clubtek reserves the right to subcontract all or any part of the Hirer’s order and to assign or otherwise deal in anyway whatsoever with Clubtek’s interest in the Equipment and in the Agreement.
26. The Hirer is advised not to use any original materials on in or in connection with the use of the Equipment and Clubtek cannot accept any responsibility in connection with any loss or damage to or in respect of the same.
27. The Agreement and these Conditions shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the English Courts.

methods of payment

For hire payments, we accept cash or debit or credit cards including American Express (see following note on AmEx). We also accept bank transfers for advance payments. American Express is not acceptable for security deposits.