These standard terms and conditions (“Terms”) and any supplemental documentation including, but not limited to, the final quotation, invoice or other specific documentation provided by Drum-Plan to you (“Customer”), collectively referred to as the Agreement, contain terms that apply in relation to your order for and supply by Drum-Plan of its equipment (“Equipment”) and related services (“Services”) (if any) specified in the Agreement.
1.1. The minimum hire period for the Equipment is 1 day. The Hire charge is based on a daily rate from and including the day of Delivery to and including the day of Collection/Return
1.2. The Hire Period is a fixed term agreed prior to Delivery. In the event that the Customer wishes to extend the Hire Period, this is strictly subject to the prior written agreement of Drum-Plan as to availability of the Equipment and receipt of payment in advance of the additional costs for the duration of the extended Hire Period
2. Price and Payment
2.1. The hire price for the Equipment for the Hire Period is set out in the Booking Form or is as otherwise agreed with the Customer (“Price”). Unless specified in the Agreement, the price is exclusive of all costs in relation to transportation, loading and unloading and installation all of which are chargeable as extra costs
2.2. Payment is to be made in full in sterling without set off or retention prior to commencement of the Hire Period.
3. Delivery, Collection and Return
3.1. Delivery of the Equipment will be on the date and at the place agreed with the Customer
3.2. Delivery is deemed to be complete and the Hire Period will start when the Customer takes delivery of the Equipment
3.3. Where it has been agreed that Drum-Plan will arrange transport of the Equipment to or from Drum-Plan’s premises, Drum-Plan will be responsible for the safe loading and/or unloading of the Equipment;
3.4. Where it has been agreed that the Customer will collect or return the Equipment from Drum-Plan’s premises, the Customer will be responsible for the safe loading and/or unloading of the Equipment and for ensuring that the Equipment is transported safely without damage during transit.
3.5. Drum-Plan may charge the Customer reasonable costs resulting from an attempted delivery or collection that could not be completed due to a lack of suitable loading or unloading facilities at the Customer’s choice of delivery point.
3.6. On Delivery or Collection Drum-Plan may charge the Customer for any excessive or unreasonable period of waiting caused by the Customer arriving late at a rate of £50 for the first hour and £75 for each subsequent hour
3.7. Equipment must be returned in a timely manner, complete and in the same condition in which it was delivered (ordinary wear and tear excepted).
4. Risk and Ownership
4.1. The Equipment is at the risk of the Customer from completion of Delivery.
4.2. Where Equipment is hired, risk in the Equipment will pass back to Drum-Plan at the point the Equipment is safely unloaded and returned to Drum-Plan.
4.3. During any Hire Period the Equipment at all times remains the property of Drum-Plan and the Customer has no right to or title in the Equipment, other than as to possession and reasonable and proper use of the Equipment in accordance with the Terms of the Agreement.
5. Care and Use of Equipment
5.1. Unless otherwise agreed with Drum-Plan as part of these Terms, the Customer is solely responsible for the assembly, installation, maintenance and, where applicable, removal and dismantling of the Equipment with all reasonable skill, care and safe practice;
5.2. The Customer must not overload or overwork the Equipment or use the Equipment in an unskilled manner or for any unsuitable purpose;
5.3. The Customer must not deface, remove or obscure any identifying marks on the Equipment.
5.4. The Equipment will be delivered in good condition and full working order and any pre-existing general wear and tear marks will be noted by Drum-Plan and the Customer at the point of Delivery. It is accepted that whilst on hire the Equipment will incur general wear and tear over time, including but not limited to cymbal sleeve wear, drumhead degradation, minor marks, scratches or scuffs on the outside of the drum shells, hardware and/or drum cases. In the event of damage and/or loss (general wear and tear excepted) the Terms of paragraph 4 below shall apply. Material damage or loss shall include, but not be limited to, stolen or missing Equipment, major marks, scratches or scuffs to the outside of the drum shells, rims, lugs and/or drum cases, damage to the inside of any drum shells, broken or heavily damaged hardware, including stands, tom mounts, bass drum pedals, cymbal felts, sleeves, tension rods and/or wing nuts
5.5. Subject to the use of all reasonable skill and care, the Customer may remove the supplied drumheads and use different ones provided that the original drumheads supplied with the Equipment are refitted and returned with the Equipment at the end of the Hire Period.
5.6. The Equipment must not be loaned, leased or sub-let to any third party.
5.7. The Equipment must not be left unattended at any time outside any public or private premises (including but not limited to public houses, clubs, music venues, theatres, rehearsal and/or recording studios) or overnight in motor vehicles.
5.8. During the Hire Period the Customer is responsible for insuring the Equipment and its use for its full value, against loss by fire, theft and other insurable hazards from the point of Delivery
5.9. The Customer will hold Drum-Plan harmless from and against any and all losses and liabilities arising as a result of any cause of action brought against Drum-Plan that relates to the Customer’s use of the Equipment.
6. Damage and/or loss
6.1. The Customer agrees to reimburse Drum-Plan in full for all and any part of the Equipment that is lost or damaged (ordinary wear and tear excepted), including but not limited to the cost of repairing or replacing the lost or damaged Equipment (“Compensation Sum”), together with a sum equal to the hire rate applicable to such Equipment calculated from the end of the Customer’s Hire Period until the date on which the Compensation Sum is received by Drum-Plan in cleared funds.
6.2. The Customer must not make any effort to repair any damaged or defective Equipment as any resulting damage or defect caused by the Customer may incur a Compensation Sum.
7.1. Drum-Plan’s maximum aggregate liability to the Customer under or in connection with this Agreement will in no circumstances exceed the Price paid by the Customer. Drum-Plan is not liable to the Customer whether in contract, tort (including negligence) breach of statutory duty or otherwise for any direct or indirect or consequential losses including, but not limited to, the loss of income, profits, business, reputation or loss of savings.
7.2. Drum-Plan accepts no liability for claims brought by the Customer after the period of 12 months from the date the Delivery was completed. Nothing in this Agreement excludes or in any way limits Drum-Plan’s liability to the Customer for fraud, death or personal injury caused by its negligence or to any liability to the extent the same may not be excluded or limited as a matter of law.
8. Force Majeure
8.1. Drum-Plan is not liable for any delays in delivery of the Equipment or Services caused by any event beyond its reasonable control. In the event of any delay caused by an event outside Drum-Plan’s control, the completion of the delivery of the Equipment or Services will be extended for a period equal to any such delay. If the delays continue for a period beyond four weeks the parties can mutually agree to terminate this Agreement.
9.1. Drum-Plan can cancel the Agreement where the Customer is in material breach of the Terms including, but not limited to, non-payment, failure to take delivery of the Equipment or if Drum-Plan believes the Customer is in financial difficulty and is incapable of paying its debts.
9.2. On cancellation, Drum-Plan may exercise any one or more of the following remedies or any other remedy provided at law or in equity: recovery of any unpaid amounts by the Customer, which amounts will become due and payable to Drum-Plan immediately; without notice or demand, Drum-Plan may make entry and take possession of the Equipment to the extent it has not be paid for; and any other legal or equitable remedies ;
9.3. The Terms which are expressly or by implication intended to come into or remain in force on or after the termination of the Agreement under this clause will remain in full force and effect.
10.1. The provisions of this Agreement constitute all of the terms and conditions between Drum-Plan and the Customer in relation to the Equipment and any Services. This Agreement may not be supplemented or amended by the use of any other document(s) except as otherwise agreed in writing by Drum-Plan;
10.2. The Agreement in all respects is subject to and construed in accordance with English law and the English Courts have sole jurisdiction in all matters arising out of this Agreement.