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    Hire Terms And Conditions

    Please read our Terms and Conditons. They set out the terms under which we hire.
    AN AGREEMENT made BETWEEN Pro Centre Limited having its registered office at Pro Centre, 14 Union Walk
    London E2 8HP (“the Owner”) (1) and the hirer named in the Schedule hereto (“the Hirer”) (2) WHEREBY IT IS
    AGREED as follows:
    1. Definitions
    1.1 Save where otherwise specified, the capitalised words and expressions in these terms and condi6ons shall
    have the meanings set out in the Schedule.
    1.2 “Account Hirer” shall mean a Hirer who has a current monthly account facility with the Owner, and the
    term Hirer shall include Account Hirer where appropriate.
    2. Hire
    The Owner hereby hires to the Hirer the Equipment for the Hire Period and at the Rentals in each case as
    stated in the Schedule hereto upon the terms and subject to the condi6ons hereina\er appearing.
    3. Hire Period
    3.1 The Hire Period shall commence from the Commencement of Hire as stated in the Schedule unless the
    Equipment is delivered by the Owner in which case the Hire Period shall commence when the Equipment
    leaves the Owner’s premises. If the Equipment is collected by the Owner then the Hire Period shall terminate
    when the goods are received back at the Owner’s premises.
    3.2 The Hire Period will be calculated as follows:
    (a) 1 day: Any 24 hour period commencing from the 6me the Equipment leaves the Owner’s premises un6l the
    same 6me the following day;
    (b) 1 week: Any con6nuous period of 7 days calculated in accordance with Sec6on 3.2(a) above;
    (c) 1 month: Any con6nuous period of 30 days calculated in accordance with Sec6on 3.2.(a) above; (d)
    Weekend: The period from 4.00 p.m. on Friday to 10.00 a.m. on Monday, which is to be calculated as a
    period of one day for the purposes of these terms and condi6ons;
    (e) Early Pick-Up: Provided that the Equipment is available, the Equipment can be collected a\er 4.00 p.m.
    the day before the Commencement of Hire starts and returned [by 10.00 a.m. the day a\er the end of
    the Hire Period] without incurring further charges.
    (f) The Owner will use all reasonable endeavours to have each item of specified Equipment available for
    hire on the Commencement of Hire but the Owner shall not incur any liability whatsoever in the event
    of any non-availability due to failure by another customer to return, unforeseeable mechanical
    breakdown or any other circumstance beyond its reasonable control.
    4. Rentals and Deposit
    4.1 A Hirer who is not an Account Hirer will pay to the Owner on or before the Commencement of Hire the
    Rentals stated in the Schedule together with value added tax at the rate or rates and in the manner for the
    6me being in force.
    4.2 A Hirer who is not an Account Hirer will provide the Owner in advance with a deposit to the full value of the
    Equipment on hire in the form of cash, banker’s dra\ or other form of security acceptable to the Owner. The
    Owner will be en6tled without prejudice to its other rights hereunder to cash the Deposit and credit it to its
    account in the event that, and to the extent that, the Hirer shall fail to discharge in a 6mely manner any of its
    liabili6es hereunder. For the avoidance of doubt, the Owner shall refund to the Hirer any por6on of the Deposit
    not required to discharge the Hirer’s liabili6es as aforesaid. The Owner shall not be liable for any tax which may
    have accrued in respect of the Deposit when in the Owner’s possession.
    4.3 An Account Hirer shall be invoiced monthly in arrears and shall pay all sums due for all Rentals owing in
    respect of the hiring of Equipment in the previous month together with all value added tax at the rate or rates
    and in the manner for the 6me being in force within 30 days of the date of invoice. An Account Hirer shall pay
    to the Owner interest at the rate of [2] per cent above the base rate of the Bank of England on all sums due
    which are not paid within 30 days of the date of invoice. Further orders will not be accepted if the account is
    not sefled within 30 days of the due date for payment.
    5. Equipment and its use
    5.1 Where ligh6ng and projec6on Equipment is supplied with spare lamps, all such spare lamps and any failed
    original lamp fifed to the Equipment must be returned with all items of Equipment at the end of the Hire
    Period. Failure to comply with this requirement will result in the cost of each lamp being added to the final
    5.2 The Hirer agrees not to use, or permit the use of, the Equipment for any purposes for which it is not
    expressly designed. The Hirer further agrees that it will not use or permit the Equipment to be used for any
    illegal purpose whatsoever.
    5.3 The Hirer agrees that it will not:
    (a) without the prior wrifen consent of the Owner, effect any mechanical or other modifica6on to the
    Equipment, make any altera6ons or addi6ons, or fit any accessories or non-standard parts thereto.
    Without prejudice to the preceding sentence, any addi6ons, altera6ons or other parts which are
    made (whether with or without the Owner’s consent) shall become part of the Equipment and shall
    belong to the Owner absolutely;
    (b) remove or interfere with any iden6fica6on marks (including, without limita6on, any trade marks or
    CE marking) affixed to the Equipment nor afempt to do so, nor permit the same; (c) deface the
    Equipment in any way whatsoever.
    6. Duties of the Owner
    6.1 In the event that an item of Equipment becomes temporarily unworkable other than as a result of accident,
    damage, the\, vandalism or any other occurrence due to the default of the Hirer, the Owner will, subject to
    availability, make available as soon as is reasonably prac6cable a replacement item of Equipment (not
    necessarily of the same make and type but func6onally equivalent) for collec6on by the Hirer a\er the receipt
    of no6fica6on from the Hirer reques6ng the same.
    6.2 Subject to the limita6ons upon its liability set out in Clause 9, the Owner warrants to the Hirer that it will
    perform the services supplied under this Agreement with reasonable care and skill.
    7. Duties of the Hirer
    7.1 The Hirer shall be solely responsible for and hereby fully indemnifies and holds the Owner harmless against
    all claims, demands, liabili6es, losses, damages, proceedings, costs and expenses which may be brought against
    or incurred by the Owner as a result of any accident or occurrence involving the Equipment or otherwise due
    to the Hirer’s or any third party’s use or misuse of the Equipment during the Hire Period (or any period of
    possession of the Equipment under Clause 11), other than for death or personal injury resul6ng from the
    negligence of the Owner, its employees or agents.
    7.2 For the period during which any item of Equipment is out of use as a result of any such accident, the Hirer
    will, without prejudice to any other rights of the Owner, pay to the Owner a daily sum (payable in arrears) at
    the same rate per annum as the rental payments previously due in respect thereof, together with Value Added
    Tax at the rate or rates and in the manner for the 6me being in force.
    7.3 The Hirer shall ensure that the Equipment is operated properly and with due care.
    7.4 The Hirer shall not take or allow any of the Equipment to be taken out of the United Kingdom mainland
    without receiving the prior wrifen authority of the Owner and, in the event of that authority being given, only
    on such terms as the Owner, in its sole discre6on, shall consider appropriate.
    7.5 The Hirer shall bear the full cost of the repair or rec6fica6on of any damage to the Equipment resul6ng
    from negligence or improper use of the Equipment by the Hirer or any person permifed by the Hirer to use the
    7.6 The Hirer shall not sell, assign, mortgage, charge, let on hire or otherwise dispose of or part with
    possession of any Equipment or part thereof or charge the benefit of this Agreement nor afempt or purport to
    do so.
    7.7 The Hirer shall take all necessary steps at its own expense to retain and recover possession and control of
    any Equipment of which the Hirer loses possession or control.
    7.8 The Hirer shall no6fy the Owner of any change in the Hirer’s address and upon request by the Owner
    promptly inform the Owner of the whereabouts of the Equipment.
    7.9 The Hirer shall have no rights to the Equipment other than as Hirer and the Hirer shall not do or permit or
    suffer to be done any act (or omission) whereby the rights of the Owner in respect of such Equipment are or
    may be prejudicially affected.
    8. Insurance
    8.1 Risk of loss or damage to the Equipment shall pass to the Hirer upon delivery and the Owner
    requires that all Equipment on hire is covered by the Owner’s insurance policy (the “Owner’s Insurance”)
    unless the Hirer (i) has obtained an alternate insurance policy which has been approved by the Owner prior to
    the Commencement of Hire and (ii) complies fully with the requirements of clause 8.2.
    8.2 If the Hirer intends to rely on an alternate insurance policy the Hirer agrees that it shall:
    (i) on or before Commencement of Hire, arrange to keep the Equipment (including any replacement
    Equipment provided under Clause 6.1 above) insured throughout the con6nuance in force of this
    Agreement without prejudice to the liability of the Hirer to the Owner with an insurance company of
    good repute or with Lloyd’s Underwriters against loss or damage from all risks (including third party
    (ii) on or before Commencement of Hire, no6fy its insurers that the Equipment is on hire from the Owner
    and request that the insurers endorse a note of such interest on such policy of insurance naming the
    Owner as the loss payee;
    (iii) on or before Commencement of Hire, produces to the Owner the policy of insurance endorsed as
    required under 8.2(a)(ii);
    (iv) on demand show to the Owner the policy of insurance, the premium receipts and insurance cer6ficate;
    (v) not use or allow the Equipment to be used for any purpose not permifed by the terms and
    condi6ons of the policy of insurance or do or allow to be done any act or thing whereby the insurance
    may be invalidated; [and (vi) indemnify the Owner against all loss or damage to the Equipment not
    recovered by the Owner under any policy of insurance]; and if the Hirer defaults in the payment of any
    premium in respect of the insurance, the Owner may (but is not obliged to) pay such premium in which
    event the Hirer shall repay the amount thereof to the Owner on demand.
    3. Where the Hirer does not intend to rely on an alternate insurance policy as contemplated by clause
    8.1, it shall pay to the Owner a fee calculated as a percentage of the rental fee in respect of the
    cost of maintaining the Owner’s Insurance in respect of the Equipment (the “Insurance Fee”). This
    Agreement is subject to the full terms of the Owner’s Insurance
    4. The Hirer hereby acknowledges and agrees that:
    (a) subject to clause 8.5, the Hirer is liable for the first £250 of any claim made on the Owner’s Insurance
    (the “excess”);
    (b) the Owner’s Policy does not cover and the Hirer shall be fully liable and hereby indemnifies the Owner for
    any loss or damage to the Equipment during the Hire Period by couriers other than those employed by the
    (c) the Hirer is obliged to report to the Owner (and if applicable to the police, confirmed with the relevant
    Crime Reference Number) any loss or damage to the Equipment during the Hire Period as soon as
    prac6cable upon such loss or damage occurring.
    8.5 The Owner agrees that in the event of a claim being made on the Owner’s Insurance, it shall waive
    the Hirer’s obliga6on to pay the excess provided that the Hirer has paid on or before the Hire
    Commencement the £250 Excess Fee.
    9. Limitation of Liability
    9.1 Subject to Clause 9.3, the following provisions set out the Owner’s en6re liability (including any
    liability for the acts and omissions of its employees, subcontractors or agents) to the Hirer in respect of:
    (a) any breach of its contractual obliga6ons arising under this Agreement;
    (b) any representa6on, statement or tor6ous act or omission including negligence arising under or in
    connec6on with this Agreement; and
    (c) any other fact, mafer or circumstance arising out of or in connec6on with this agreement.
    2. Any act or omission on the part of the Owner or its employees or agents or any other fact, mafer
    or circumstance falling within Clause 9.1 shall for the purposes of this Clause 9 be known as an
    ‘’Event of Default’’. If a number of Events of Default give rise substan6ally to the same loss then
    they shall be regarded as giving rise to only one claim under this Agreement.
    3. Nothing in this Agreement shall limit or exclude the Owner’s liability to the Hirer for:
    (a) death or injury resul6ng from the Owner’s, its employees’ or agents’ negligence;
    (b) any damage suffered by the Hirer as a result of the implied statutory undertakings as to the right to
    transfer possession pursuant to sec6on 7 of the Supply of Goods and Services Act 1983; and (c) any
    damage suffered by the Hirer as a result of fraud or fraudulent concealment.
    9.4 Subject to Clause 9.3, the Owner’s en6re liability shall be limited to:
    (a) in respect of any one Event of Default (or any one claim for a number of Events of Default under Clause
    9.2) damages of an amount equal to the Rentals set out in the Schedule, or in the case of an Account
    Hirer, the aggregate of all Rentals paid by the Account Hirer in the preceding 3 months; and
    (b) in any event, to damages of an amount equal to £* in respect of all Events of Default arising in any [12]
    month period.
    5. Subject to Clause 9.3 the Owner shall not be liable to the Hirer in respect of any Event of
    Default for loss of profits, savings or goodwill; increased costs or expenses or any type of special
    indirect or consequen6al loss even if such loss or damage was reasonably foreseeable or the Owner
    had been advised of the possibility of the Hirer incurring the same.
    6. Nothing in this Clause 9 shall confer any right or remedy upon the Hirer to which it would
    otherwise be legally en6tled.
    7. Except as set forth herein and to the fullest extent permifed by law, the Owner makes no
    warran6es or representa6ons, express or implied, statutory or otherwise, with respect to the
    Equipment. The Owner does not warrant that the Equipment will operate error-free or uninterrupted,
    or will meet the Hirer’s requirements. The Owner hereby specifically excludes and disclaims all
    representa6ons, warran6es and condi6ons not expressly set out herein, whether express, implied or
    statutory including, without limita6on, warran6es or condi6ons of sa6sfactory quality and of fitness for
    a par6cular purpose and any representa6on, warranty or condi6on that may arise by reason of trade
    usage, custom or course of dealing and the Hirer hereby expressly waives any and all rights and
    remedies it would otherwise have in respect of all such representa6ons, warran6es or condi6ons other
    than the warran6es set forth herein.
    10. Termination
    10.1 If the Hirer shall fail to pay any Rental or other sum payable under this Agreement (or under any other
    agreement between the Owner, any subsidiary of the Owner, any holding company of the Owner, or any other
    subsidiary of any such holding company and the Hirer) within 7 days of its becoming due (whether demanded
    or not) or shall commit a breach of the other terms and condi6ons whether express or implied of this
    Agreement (or of the terms and condi6ons of any such agreement as aforesaid) or shall do or allow to be done
    any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the equipment or any
    part thereof, then in each and every such case the Hirer shall be deemed to have repudiated the Agreement
    and the Owner may thereupon or at any 6me within 3 months therea\er by no6ce in wri6ng to the Hirer for all
    purposes forthwith terminate this Agreement.
    10.2 If any of the following events shall occur, namely:
    (a) if any distress, execu6on, or other legal process shall be levied on or against the Equipment or any part
    thereof or against any premises where the same may be or against any of the Hirer’s goods or other
    property or the Hirer shall permit any judgment against it to remain unsa6sfied for 7 days, or
    (b) if the Hirer, being an individual, shall die or makes an arrangement or composi6on with his creditors
    generally or suffers to be made against him a bankruptcy order or pe66on for such a bankruptcy
    order; or (c) If the Hirer, being a body corporate, enters administra6on (as defined in Schedule B1 of
    the Insolvency Act 1986) or suffers the appointment of an administra6ve receiver or a receiver over
    the Hirer, or suffers an encumbrancer taking possession of or selling any asset of the Hirer; or makes
    an arrangement or composi6on with its creditors generally or is otherwise unable to pay its debts
    within the meaning of sec6on 123 of the Insolvency Act 1986 then in each and every such case the
    hire cons6tuted by this Agreement shall automa6cally and without no6ce terminate and no payment
    accepted by the Owner without knowledge of such termina6on shall in any way prejudice or affect the
    opera6on of this Clause.
    3. The Hirer shall upon any termina6on under clauses 10.1 or 10.2 above pay to the Owner all
    arrears of Rental (if any) then due and all other sums accrued due and unpaid at the date of
    termina6on, together with interest thereon payable from the due date of payment un6l payment (as
    well as before judgment) at the rate of [2] per cent above the base rate of the Bank of England. The
    termina6on of the hire cons6tuted by the Agreement shall not affect any rights of the Owner or
    liabili6es of the Hirer subsis6ng at the date of termina6on.
    4. On termina6on of the hire howsoever or whenever occasioned or on expiry of the Hire
    Period, the Hirer shall no longer be in possession of the Equipment with the Owner’s consent and
    shall (unless otherwise agreed with the Owner) forthwith return the Equipment in good order and in
    good working condi6on (including accessories where fifed) to the Owner at such address as the
    Owner may direct and at the Hirer’s expense and risk. Without prejudice to the foregoing or to the
    Owner’s claim for any arrears of Rental, the Owner or its authorised representa6ves may at any 6me
    a\er such termina6on or expiry of the Hire Period without no6ce retake possession of the
    Equipment and for such purpose the Hirer shall permit the Owner or its authorised representa6ves
    to enter upon any premises belonging to or in the occupa6on or control of the Hirer. The Hirer shall
    be responsible for all costs, charges and expenses so incurred in retaking possession of the
    Equipment as aforesaid together with all reasonable costs incurred by the Owner at any 6me in
    ascertaining the whereabouts of the Equipment and/or the Hirer.
    11. Continuation Payment
    11.1 Without prejudice to the provisions of Clause 10.4 hereof, as from the due termina6on or expira6on (as
    applicable) of the Hire Period and un6l such 6me as the Equipment is returned, the Hirer shall pay by way of
    recompense for the con6nued possession of the Equipment a daily sum (payable in arrear) at the same rate
    per annum as the Rental payments previously due in respect thereof, together with VAT at the rate or rates and
    in the manner for the 6me being in force.
    11.2 Nothing in this clause 11 shall confer upon the Hirer any right to the con6nued use or possession of the
    Equipment beyond the Hire Period.
    11.3 If the Hirer retains the Equipment beyond the Hire Period without first obtaining the permission of the
    Owner then he shall be in breach of this Agreement such that the Owner may exercise his rights of
    termina6on under Clause 10 above.
    12. Force Majeure
    Although the Owner will use all reasonable endeavours to discharge its obliga6ons hereunder in a prompt and
    efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its
    reasonable control.
    13. Forebearance
    No forbearance indulgence or relaxa6on on the part of the Owner shown or granted to the Hirer in respect of
    any of these terms and condi6ons shall in any way affect diminish restrict or prejudice the rights or powers of
    the Owner hereunder or operate as or be deemed to be a waiver of any breach by the Hirer of these terms and
    14. Concurrent Remedies
    No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy
    herein or by law or equity provided or permifed but each shall be cumula6ve of every other right or remedy
    given hereunder or now or herea\er exis6ng and may be enforced concurrently therewith or from 6me to
    15. Notices
    Any no6ce hereunder shall be in wri6ng and may be served by pre-paid first class lefer post or personal
    delivery if sent or delivered to the address stated herein, and in any other case, to the last known address of
    the addressee and such no6ce shall be deemed to have been duly given or made as follows (i) if personally
    delivered, upon delivery at the address of the relevant party; (ii) if sent by first class post, two business days
    a\er the date of pos6ng; that if, in accordance with the this clause 15, any such no6ce, demand or other
    communica6on would otherwise be deemed to be given or made a\er 5.00 p.m. such no6ce, demand or
    other communica6on shall be deemed to be given or made at 9.00 a.m. on the next business day.
    16. Waiver of Set-Off
    The Hirer hereby waives all and any future claims and rights of set-off against any instalment of Rental or any
    payment due hereunder and agrees to pay the Rental and other amounts hereunder regardless of any equity,
    set-off or cross-claim on the part of the Hirer against the Owner.
    17. Construction
    Where there are two or more par6es to the Hire Agreement as Hirer their liability hereunder shall be joint and
    several. In these terms and condi6ons and where the context so admits or requires the masculine gender shall
    include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
    18. Governing Law
    These terms and condi6ons shall be governed by and construed in accordance with the Laws of England. The
    Hirer irrevocably submits to the non-exclusive jurisdic6on of the English Courts.
    19. Entire Agreement
    Each party acknowledges and agrees with the other party that this Agreement cons6tutes the en6re and only
    agreement between the par6es and supersedes all prior agreements, understandings and arrangements, oral
    or wrifen, between the par6es hereto with respect to the subject mafer hereof, provided that the provisions
    of this Clause 19 shall not exclude any liability or right which either party would otherwise have to the other
    party in respect of any fraudulent statements or any fraudulent concealment made prior to the execu6on of
    this Agreement.
    20. Severability
    If any provision of this Agreement is held to be unenforceable, this Agreement shall be considered divisible and
    such provision shall be deemed inopera6ve to the extent it is deemed unenforceable, and in all other respects
    this Agreement shall remain in full force and effect; provided, however, that if any provision may be made
    unenforceable by limita6on thereof, then such provision shall be deemed to be so limited and shall be
    enforceable to the maximum extent permifed by applicable law.
    21. Rights of Third Parties
    Save as expressly provided herein, the Contracts (Rights of Third Par6es) Act 1999 shall not apply to this
    Agreement and no rights or benefits expressly or impliedly conferred by it shall be enforceable under that Act
    against the par6es by any other person.

    Pro Centre 14 Union Walk, London E2 8HP. Telephone: 020 7729 8822 Email: info@procentre.co.uk
    Registered in England Number: 8922328. Registered OfMice: Pro Centre, 14 Union Walk London E2 8HP