Hire terms
These are the terms and conditions for hiring sound equipment from Vigilante Music Limited for concerts, events and other performances where the equipment is supplied without personnel (a sound crew).
Introduction
This document is the Terms and Conditions of Dry Hire in full, laying down the contractual agreement between Vigilante Music and the Hirer. Other documentation, such as quotations, will include short interpretations and/or parts of these terms. In all cases, this document is the definitive Terms and Conditions of Dry Hire and takes precedence over any other terms stated or implied elsewhere.
Definitions
“Hire” This expression refers to the arrangement to use equipment supplied by the Company at an event. The period of hire under these terms is usually one or more days, and rates applied may be quoted as ‘the Dry Hire Rate’, ‘the Daily Rate’ or ‘the Weekly Rate’.
“Hirer” The person, company, department or other body who has ordered and/or accepted goods or services from Vigilante Music Limited.
“The Equipment” All items of equipment and/or services accepted by the Hirer, along with any other items and/or services included or implied, whether specified or not.
“Owner” / “The Company” Vigilante Music Limited.
Provision of the Equipment
1. Provision of the Equipment. Vigilante Music agrees to supply you with the sound equipment described in the hire schedule/quotation for the hire period, without the services of a sound crew.
2. Replacing defective Equipment. Vigilante Music will supply all Equipment in good working order. However, in the event of a defect, the liability of Vigilante Music is limited to the repair or replacement of any defective Equipment, at Vigilante Music’s discretion.
3. Vigilante Music’s property. Equipment remains the property of Vigilante Music at all times. In the event of a breach of any of these conditions, Vigilante Music may, without prejudice to any other rights or remedies, immediately terminate the arrangement and repossess all its Equipment. Re-hire is not allowed by the Hirer without advance written permission.
Principal exclusions
4. Exclusions. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:
4.1 Taxes, including Value Added Tax (VAT).
4.2 Equipment other than that shown in the hire schedule/quotation.
4.3 Transportation of equipment and personnel, including freight and transport costs and storage of the equipment. Unless clearly stated otherwise, all equipment and services are quoted ex-Chalfont St Peter, UK. All equipment should be collected from and returned there at the end of the hire period. Other arrangements must be agreed in writing before the hire contract begins.
4.4 Insurance. It is a condition of hire that the Hirer takes out adequate insurance to cover the equipment hired. Vigilante Music will, at its sole discretion, charge the Hirer for any equipment lost, stolen or damaged as described in paragraphs 5 and 6 below (Responsibilities of the Hirer), whether or not this is covered by the insurance policy taken out by the Hirer. Vigilante Music reserves the right to see evidence that the Equipment is adequately covered by a suitable policy before checking out the Equipment. However, this does not reduce the Hirer’s liability for uninsured losses.
4.5 Carnet fees and other administrative costs associated with transporting Equipment outside the United Kingdom.
If any of the above excluded items are provided or incurred by Vigilante Music as part of a hire, they will be charged to the Hirer as extras to the hire agreement.
Responsibilities of the Hirer
5. Responsibility for the Equipment. The Hirer assumes full responsibility for the Equipment from the time of checking out until checking in to Vigilante Music. The Hirer is responsible for the safe keeping of the Equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The Hirer is responsible for providing suitable and adequate security arrangements for the safe keeping of the Equipment during the period of hire. The Hirer must take all necessary steps (at its own expense) to retain possession and control of the Equipment and, in the event of losing possession or control, will take all necessary steps to recover it.
5.1 Items of equipment are not to be used, and the Hirer will not permit them to be used, for any purpose for which they are not expressly designed.
5.2 Equipment is not to be altered or modified in any way without the prior consent of Vigilante Music.
5.3 Equipment is not to be hired, re-hired or sub-hired to any third party without the express written consent of Vigilante Music.
6. Loss and damage. The cost of replacing or repairing the Equipment will be borne in full by the Hirer. Equipment lost, damaged or modified will be charged at the full hire rate until the loss is settled in full.
6.1 Examples of loss, damage or modification include (but are not limited to):
- Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance)
- Damage or loss caused by inadequate handling by third parties (including local crew)
- Damage by adverse weather conditions, including water damage
- Loss due to theft on site or in transit
- Loss or damage during transportation
- Modifying cables by cutting and/or re-wiring plugs or sockets
7. Liabilities. Equipment is supplied on the understanding that it will be competently installed and operated by the Hirer. No liability will be accepted by Vigilante Music for any damage to persons or property while the Equipment is on hire to the Hirer.
8. Competent personnel. Where certain hire Equipment requires specialist technical knowledge or training for safe or effective installation and/or operation, the Hirer will be required to undertake that competent personnel are employed. Where such an undertaking cannot be made, at the sole discretion of Vigilante Music, a competent crew will be supplied by Vigilante Music and charged in addition to the hire rate. In that case, Vigilante Music’s Terms and Conditions of Hire will prevail, overriding these Terms and Conditions of Dry Hire.
9. Local licences. The Hirer is solely responsible for obtaining any licence, qualification or other authority that may be required for the safe and legal operation of the goods hired, and agrees to abide by all legal guidelines relating to the installation and operation of the goods.
10. Sound pressure levels. High sound pressure levels can cause permanent hearing damage, and repeated exposure can have a cumulative effect. Equipment provided by Vigilante Music can and does produce sound pressure levels high enough to cause hearing damage. Vigilante Music cannot accept liability for any individual’s failure to stay at an appropriate distance from loudspeakers or to take any necessary steps to protect their own hearing. It is the responsibility of the Hirer to ensure the safety of the general public with regard to hearing. Where appropriate, you may wish to display warning notices, issue hearing protection or erect safety barriers.
Hire periods, charges and payments
11. Hire period. Hire charges are calculated from the date of collection/delivery to the date of return to Vigilante Music. Permission to extend a hire may be granted on request but must not be assumed. Availability and prices of Equipment may vary from our rate card or as advertised on our website, and cannot be guaranteed for periods of extension.
12. Weekends and bank holidays. Where the hire start or end date falls on a weekend or bank holiday, at the discretion of Vigilante Music, checking out may be done on the last working day before the hire start date and/or checking in may be done on the first working day after the hire end date. Checking out or checking in may in some circumstances be arranged outside normal operating hours.
13. Hire charges. Hire charges are based on daily rates, with the period of hire starting from the time of checking out by Vigilante Music at its Chalfont St Peter base to the time of checking in by Vigilante Music, within the Company’s normal operating hours (10:00 to 18:00). A one-day hire therefore assumes that goods checked out at any time between 10:00 and 18:00 are returned before 18:00 on the following day (one-day hire from Vigilante Music is assumed to be up to two days, or 48 hours).
13.2 Consumables. All consumables, such as drum skins, are the responsibility of the Hirer. The Equipment must be returned with consumables of equivalent quality to those originally provided. Failure to do so will result in charges to cover the cost of new consumables.
14. Weekly hire. The normal weekly hire rate is twice the daily rate. Goods checked out during operating hours on day 1 must be returned before 18:00 on the 7th day of hire, or a second week’s hire will be charged.
15. Payments. Payment must be made in full, in cleared funds, before checking out, unless the Hirer has set up an account with Vigilante Music, in which case payment will be made according to the terms of the account and as stated on the invoice.
15.2 Deposits. A cash deposit of £250 is required to cover the period of hire. Provided no damage or loss has occurred during the hire, this deposit will be returned when the Equipment is returned. Should there be any damage to or loss of the Equipment, as described in section 6, the deposit will not be refunded until the cost of replacing or repairing the Equipment has been paid by the Hirer.
16. Late payments. Where any discounts are offered or negotiated, entitlement to the discount will be forfeited if accounts are not paid by the due date. Any accounts not paid by the due date will have an interest charge applied each month until payment is received in full. The rate of interest is currently 2.5% per calendar month or part thereof; the rate applied will be stated on the invoice.
17. Guarantees against equipment loss or late return. Non-account customers (hirers who are required to pay for the rental in full before any hire) may be required to leave valid debit or credit card details with the Company as a payment guarantee in the event of a loss or late return. Card details must be valid at least until the agreed hire finish date. Vigilante Music reserves the right to charge the Hirer the full replacement cost of any lost Equipment. The Hirer will have seven days to return any lost Equipment before any charge is taken. If the Equipment is returned within the seven days, a charge will be taken for the subsequent hire. The Hirer accepts that such a charge will be taken in these circumstances and agrees to ensure that sufficient funds or credit are available on the card provided. Please note that credit card payments will incur a surcharge (see 15 above).
17.2 Proof of identity. Individuals must supply formal identification when collecting the Equipment. These must be original documents, not photocopies. Suitable documents include:
- Bank statements
- Driving licence
- Utility bills
- Passport
General terms and provisions
18. Contract of hire. The placing of an order for Equipment by the Hirer, or the issuing of a sales invoice by Vigilante Music, constitutes a contract which binds the Hirer to accept these conditions and our full terms and conditions of business.
19. Termination. Vigilante Music may terminate the hire contract under these terms and conditions, either immediately or at any time within three months afterwards, by notice to the Hirer. No payment subsequently accepted by Vigilante Music without knowledge of such termination shall in any way prejudice or affect the operation of this clause if the Hirer:
19.1 fails to pay any rentals or other sums payable under these conditions, or under any other agreement between the Hirer and Vigilante Music, in full within 14 days of such sums becoming due (whether demanded or not);
19.2 commits a breach of any of the other terms and conditions of the contract (whether express or implied);
19.3 does or causes to be done anything which, in the opinion of Vigilante Music, may jeopardise Vigilante Music’s rights in the Equipment;
19.4 is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired Equipment, or against any premises where the Equipment is, or against any of the Hirer’s goods or other property, or permits any judgment against it to remain unsatisfied for seven days;
19.5 suffers an interim order (as an individual) under the Insolvency Act, enters into a voluntary arrangement, suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order;
19.6 enters into any liquidation, calls any meeting of its creditors, has a receiver or administrative receiver appointed over all or any of its undertaking or assets, suffers the appointment or the presentation of a petition for the appointment of an administrator under the Insolvency Act, or is deemed by virtue of section 123 of the Insolvency Act to be unable to pay its debts.
20. Force majeure. Vigilante Music is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism or natural disasters.
21. English jurisdiction. All agreements, contracts and transactions entered into with Vigilante Music will be bound by and governed by English law. This document supersedes all previous terms and conditions of hire.