Article 1 – Contract of Terms
- This contract is made between HWC Events & Rental forthwith known as “HWC” and the person named in the booking forthwith known as “the hirer”.
- The hirer is the person named on the booking, and declares that he/she is over eighteen years of age and is legally entitled to enter into this agreement on their own behalf. If the hirer is entering into this agreement on behalf of another individual or on behalf of a company/organisation/charity they declare that they have the full authority to do so.
- The hirer must provide a form of identification in order to hire equipment, we require a valid passport or ID and proof confirming the hirers address. This can be utility bills, bank statements or governmental documents. If the hire is over €1,000.- new value for DJ equipment we also require the hirers passport for the duration of the hire – please see article 12.17 for further details.
- For businesses, the hirer must provide a copy of the hirer’s business letter headed paper which contains the registered company number and full registered company address as well as an excerpt of the Chamber of Commerce.
- HWC’s equipment is used at the hirer’s own risk. Accordingly, HWC cannot be held responsible for any damages, including damages to persons operating or in the vicinity of equipment, mechanical, software and/or electrical or loss of material and/or performance which result from mechanical, electrical and/or software failure.
- Where a hirer has terms and conditions covering purchasing and hiring that conflict with HWC’s Terms & Conditions of Hire then HWC’s Terms & Conditions of Hire shall take precedence unless specifically agreed in writing by a Director of HWC prior to the hire date.
- The hirer must hold their own valid insurance to cover the terms of hire. HWC can ask for evidence but is allowed to tacitly assume that the hirer is fully ensured for the hired equipment and services.
- Any hirer who contravenes this contract in any way may, at the discretion of a director of HWC, be excluded from entering into future contracts for the hire of equipment and services.
- The terms above and the contract to which this document relates, shall in all respects be construed and operate in accordance with Dutch Law even if the agreement is fully or partially implemented abroad. The applicability of the Vienna Sales Convention is excluded.
- HWC reserves the right to change these Terms & Conditions of Hire at any time, and without prior notice.
Article 2 – Acceptance of Terms
- By hiring equipment or services from HWC, the hirer automatically signifies their unconditional acceptance in whole of HWC’s terms as set out in this Terms & Conditions of Hire.
- By providing the information required on the booking form, paying or making a deposit or showing their acceptance to hire equipment or services by phone, written or electronic communication, the hirer agrees to be bound unconditionally by HWC’s Terms & Conditions of Hire.
Article 3 – Cancellation of Hire
- Without prejudice to any other rights or remedy in the event of cancellation of any order by the hirer HWC reserves the right to make a cancellation charge as stipulated in articles 3.2, 3.3, 3.4 and 3.5.
- When the hirer wishes to cancel; the hirer will be charged €25.- excl. VAT administration fees.
- Cancellation in less than 30 days but more than 14 days prior to the first hire date will result in a 50% charge of the total sum.
- Cancellation in less than 14 days prior to the first hire date will result in the full fee being due. Additional administration costs as mentioned in article 3.2, will be forfeited.
- All deposits paid to HWC to secure a booking are non-refundable.
Article 4 – The Equipment
- All equipment hired remains, at all times, the property of HWC.
- All equipment must be used for the purpose for which it was intended by the manufacturer.
- Notification of equipment travelling outside the Netherlands, must be agreed in writing by a Director of HWC at the time of booking.
- HWC reserves the right to inspect all hired equipment at any time during the hire period.
- The hirer must not hire, sub hire or assign to another party, any equipment hired under this contract without prior written permission by a Director of HWC.
- The equipment shall be deemed to be in good repair and condition and to the hirer’s satisfaction unless the hirer gives notice otherwise at the point of collection or on receipt of delivery by HWC.
- The hirer is required to ensure that the equipment is not vulnerable to theft, damage or adverse environmental elements such as excess heat, humidity, coldness, moisture, liquids or dust.
- The equipment shall be at the risk of the hirer as to all loss and damage whatsoever during the hire period and the hirer will be responsible for paying the first €2,500.- towards the costs of replacement or repair to any individual piece of equipment which is damaged, lost or stolen whilst in the hirer’s care except where this is due to negligence on the part of the hirer in which case the hirer will be responsible for meeting the full cost of replacement or repair to the equipment.
- HWC gives no warranty that goods supplied for hire are fit for the customer’s purpose or purposes. The Customer warrants that he/she has satisfied him/herself that the goods will be fit for every purpose for which he/she requires them and that he/she does not rely on any skill or judgement of HWC in this regard.
- While HWC will always attempt to provide the ordered equipment; HWC reserves the right to provide substitute equipment. HWC also reserves the right to terminate this contract without liability if for any reason beyond HWC’s control.
- In the event that the hired equipment is faulty, HWC shall not be liable for any consequential losses or damage’s whether financial or otherwise, arising there from.
- All equipment must be checked by the hirer with a member of the HWC team and signed for to confirm receipt. Any discrepancies must be notified immediately to HWC and signed for as a discrepancy. If a signature is not provided, then the hirer is signifying their automatic and unconditional acceptance of the equipment on the invoice provided.
- In the event of seizure by any third party (e.g.; Police, Venue, Municipality, creditor), the hirer is responsible for all arising costs and extra costs, moreover is the hirer responsible to notify HWC immediately and taking care of return of the equipment on the first plausible moment.
- In the event of damage, loss or theft of any kind, the hirer will be charged with the new value of the equipment. No correspondence is possible over the amount due. These costs need to be directly paid in full at the end of the rental period.
- The hirer is responsible for an adequate power supply. Any generators need to stabilized and certified. Any consequential damages by the use of faulty or incorrect power supplies will be charged for the hirer.
- The hirer is during the rental period responsible for any weather-or water damage to the equipment.
Article 5 – Collection of Equipment by Hirer
- All equipment must be collected from HWC’s premises unless special arrangements have been made and agreed in writing prior to the hire date.
- It is the hirer’s responsibility to arrange appropriate and adequate transportation of the equipment they are hiring if they have not agreed in writing and paid for HWC’s transportation services prior to the hire date.
- Any information in regards to value, size, weight, protection or suitable transport must be made at the time of booking and not on the hire date.
Article 6 – Transportation of Equipment by HWC
- By email request before the hire period, the equipment can be delivered and collected on behalf of the hirer by HWC, however, HWC will charge the hirer for all expenses incurred for delivery and collection. These fees are including but not limited to toll, fuel, parking permits, tickets and parking fines incurred.
- The hirer is obligated to provide adequate legal parking for HWC’s vehicle(s) for the duration of delivery/collection/setup/dismantle and event.
- Delivery and collection is not available in all areas.
- Delivery and collection is only to/from the road side unless the hirer has booked set up and/or dismantle at an additional cost to the transportation fee.
- Any delivery and collection requests for out of hours’ transport will be subject to an additional €50.- + VAT each way depending on the time of the delivery or collection.
- If the hirer has chosen delivery only unless the hirer has booked set up and/or dismantle at an additional cost to the transportation fee, all hired equipment should be installed by a competent person.
- HWC cannot accept any responsibility for damage done to personnel or property whilst equipment is on hire or in transit.
- HWC will endeavour to meet any agreed delivery conditions following HWC transport conditions, but cannot accept responsibility for any delay in delivery and/or collection howsoever caused.
- The equipment is entirely the responsibility of the hirer until the equipment is loaded back onto HWC’s vehicles for return to HWC’s premises.
- Where a delivery or collection cannot be completed because of a lack of access at the delivery address the hirer shall still be liable for all agreed charges and for any additional costs incurred in the attempt to complete the delivery and/or collection.
Article 7 – Transportation
- It is the hirer’s responsibility to arrange his/her own appropriate transportation.
- HWC cannot be held liable for any loss or penalties either financial or otherwise, incurred by the hirer due to the hirer not arranging and providing adequate transportation for the equipment being hired.
- HWC cannot be held liable for any transportation fees however they may result in order to transport the hirer’s equipment.
Article 8 – Participation Site / Customer
- The customer must ensure, at its own expense and risk, that the location where the performance is to be executed by HWC is suitable for the intended purposes. Unless agreed otherwise, in writing, the customer takes care – insofar as applicable – of providing the required legal permits and / or comparable conditions which are imposed by third parties.
- If the performance of HWC can only be supplied at the location desired by the customer by means of additional work (not provisioned in the agreement), then HWC is entitled to charge the customer for this additional work. In such a case, HWC will inform the customer – and with reference to this provision – of the cost of the execution of the additional performance required for the agreement.
- If, in the agreement, a period is determined for the use of the location and the customer will also continue to use this location after this period, the contract will not be renewed for the duration for which the use is extended. However, for the duration that the location is in use, in violation of the agreement, the customer is charged a usage fee based on the pricing which is employed in the agreement.
- The provisions of article 8.3 will also apply if the customer hinders or prevents HWC from the dismantling or removal of the items used in the execution of the agreement by HWC. With respect to these items, the customer cannot appeal to retention rights.
- The provisions of articles 8.3 and 8.4 are without prejudice to possible rights of HWC to compensation for the damage suffered by HWC in this respect.
Article 9 – Returning the Equipment
- Equipment must be returned before the end of the pre agreed hire period within opening times HWC unless otherwise communicated by HWC. A new day rate applies if equipment isn’t returned within the pre agreed hire period. Any previously given discounts will be forfeited and charged to the hirer.
- Unless specified, hire charges are based on a period of one day (24 hours), or part thereof, irrespective of whether the equipment is in use or not.
- Equipment and cables need to be returned in clean condition. HWC is allowed to charge cleaning costs and replacement costs for any missing item.
Article 10 – Liability
- Any liability of HWC for damage arising from or in relation to the execution of the agreement is limited to the amount paid out under the professional liability insurance in the case concerned, plus the amount of excess, which according to the policy terms and conditions, is not payable by the insurer.
- If – for whatever reason – no payment may be made powered by the insurance referred to in the preceding paragraph, any liability is limited to the amount which is payable by customer to HWC in respect of (the part of) the agreement concerned and a satisfaction fee, up to a maximum of €10,000.-.
- The customer shall indemnify HWC against all claims by third parties relating to the execution of the contract, unless the aforementioned claims relate to an attributable breach of contract by HWC. The costs incurred by HWC for defence against such claims from third parties are also borne by the customer.
- The limitation or exclusion of liability stipulated in the preceding paragraphs of this article do not apply if the damage results from wilful misconduct or gross negligence on the part of HWC and/or its subordinate or non-subordinate executives.
- Notwithstanding the provisions of Article 6:89 of the Dutch Civil Code, all the customer’s rights to damages lapse, in any case, one year after the event from which the damage directly or indirectly arose and for which HWC is liable.
Article 11 – Force majeure
- In these terms and conditions of hire, in addition to that which is stated in the law and jurisprudence force majeure means, power supply failures, IT failures and technical failures, extreme weather conditions and safety measures imposed by the state which impede, or entirely prevent the execution of the agreement.
- To the extent that, at the time of the occurrence of force majeure, HWC has performed its obligations under the agreement or is still able to do so, and an independent value is allocated to the parts which have been fulfilled or the parts to be fulfilled, is HWC entitled to separately invoice the part already fulfilled or the part to be fulfilled respectively. The customer is obliged to pay this invoice, as if it were a separate agreement.
Article 12 – Payment, Deposits & Quotes
- All quotes are expressed in Euro (€), unless otherwise stated.
- All quotes are valid for a period of 14 days unless otherwise stated.
- HWC guarantees correctness but with reservations regarding textual errors.
- Confirmations can only be given in writing and by digitally confirming the quotation via the ‘Order Acceptance’ link on the quotation. Any verbal confirmation will not apply and will not be considered as a confirmation or booking of any kind. By confirming the quotation, the hirer automatically agrees and acknowledges the HWC’s Terms & Conditions of Hire.
- Additional or supplementary agreements are only binding if agreed upon in writing by authorized HWC personnel.
- The provision of a quote does not guarantee or confirm that the relevant equipment or services are available and may be withdrawn without prior notice or explanation at any time.
- All quotes are made as an indication of equipment and services that can be delivered. Specifications and prices may change without any given notice to the hirer.
- All quotations and prices are subject to the addition of Value Added Tax at the rate applicable on the date of invoice.
- All quotations are made by HWC without obligation and HWC reserves the right at any time to vary any quotation or part thereof or to refuse acceptance of any order without assigning any reason for such refusal, although once the full payment or deposit has been paid the price will be fixed.
- If HWC has doubts over the solvency of the hirer, it has the right to nullify the agreement with immediate effect.
- If a HWC quote or pricelist lists a price that’s incorrect, HWC reserves the right to invoice the correct amount to the hirer.
- The hirer is required to pay the full cost of the hire prior to the equipment leaving HWC’s premises. If payment isn’t received in due time, HWC reserves the right to nullify the agreement in which event the hirer will still owe HWC the full invoiced amount.
- Payment by third party is allowed, however, the ‘hirer’ remains responsible for the payment and potential additional costs or damage costs. HWC does not corresponds with third parties over payment, costs and damage costs.
- All deposits paid to HWC to secure a booking are non-refundable in accordance with Articles 3.1, 3.2, 3.3 and 3.4.
- HWC reserves the right to remove any or all discount without prior notice or for the failure to make payment of outstanding monies due.
- Any discounts quoted will be forfeited if payment of any invoice is received later than the due date. If the payment is not received according to the payment conditions or exceeds the due date, HWC Events & Rental is allowed to cancel or withhold the products or services with immediate effect.
- HWC require a €1,000.- deposit or more for all orders for DJ equipment hire with a new value over €1,250.-. HWC also require a copy of the hirers passport that will be kept in our safe for the duration of the hire.
- Deposit refunds are made on safe return of the equipment. If you paid by bank transfer, please provide your bank details to HWC.
Article 13 – Account Holders
- Account holders are required to pay all invoices within 14 days of the invoice date or before the delivery of services and equipment will take place. Unless other arrangements have been made and confirmed in writing by a Director of HWC.
- HWC will not enter into contracts for the hire of equipment or services if the hirer or organisation has outstanding debts with HWC.
- All clients will be charged for any expenses incurred by HWC in respect of any debt collection.
- All outstanding debts will incur interest’ charged at 5% per month thereafter (with a minimum charge of €10.-).
- Should any debt not be settled within 14 days of invoice then HWC reserves the right to commence legal action against the debtor and all fees incurred will be added to the total of the debt to be paid by the debtor.
- Where equipment is damaged or stolen whilst on hire and repair or replacement fees result, the amount due is immediately payable.
- Account and personal details of the hirer will be saved in a file. These details will be used to execute projects and can be without further notice used for logistic purposes (e.g. transport).
Article 14 – Penalties
- Any equipment returned after the booked return date will be charged for at a minimum of one extra day’s hire fee, regardless of the original hire period.
- The hirer must have the equipment dismantled, packed and ready for collection at the end of the hire period when booked on a standard hire (unless prior arrangements for dismantling and removal has been agreed in writing and paid for).
- If article 14.2 has not been adhered to then the hirer is liable for additional charges which may include but is not limited to extending the hire period until dismantling and packing has taken place and the goods are returned to HWC’s premises.
- Hiring commences on collection and ends when the equipment is returned to HWC’s premises.
- HWC will check the equipment and inform the hirer within 14 working days of any loss or damage.
- Any costs incurred by HWC in respect of replacement or repair, or if equipment is lost or damaged during the hire period must be met by the hirer.
- HWC is authorised by this contract to contact the hirer at the hirer’s premises at any time in the recovery of equipment not returned at the end of the hire period.
- The hirer undertakes to keep and return equipment in good order and the same condition as provided at the point of hire. Any equipment returned in a soiled or dirty condition may incur a cleaning charge.
- Equipment is to be kept in a secure safe environment with no exposure to the elements, food, drink or other liquids. Should this Hirer not adhere to this then HWC reserves the right to charge the hirer for any damage.
- Connectors must not be removed from equipment. HWC reserves the right to charge for refitting or inspecting any connectors found to have been removed, or tampered with. Equipment must not be modified in anyway.
- The hirer undertakes to insure the equipment at full replacement value, when away from the premises of HWC. A valuation is available on request.
- Failure to return any cable coiled and taped may result in a charge for coiling and taping said cable.
- Packing supplied with equipment must be returned, or it will be charged for.
- The Hirer will be held liable for the loss of any equipment confiscated because of a failure to comply with any relevant laws and regulations.
- If the hirer reports any equipment or accessories as faulty during a hire which are then subsequently found to be in good working order, the hirer will be liable for all costs incurred for dealing with the situation including but not limited to the replacement equipment hire charges (for the full period of hire), sub-hires, purchases, labour and transport in any form.