Fourth Dimension Audio Visual
Terms & Conditions
Fourth Dimension Audio Visual Ltd agrees to rent to the customer the equipment (the “Equipment”) for
the period (the “Rental Period”) and fee each as specified on each Rental Agreement strictly on the
following conditions of rental (the “Conditions”). The effective date of the Rental Agreement is the date
of execution by Fourth Dimension Audio Visual Ltd.
1.
Fourth Dimension Audio Visual Ltd agrees with Customer:
1.1
1.6
To endeavour to deliver the Equipment in accordance with the delivery details specified on each rental agreement.
However, Fourth Dimension Audio Visual Ltd will not in any circumstances be liable to Customer for any delays
caused by events outside Fourth Dimension Audio Visual Ltd control (including, but not limited to, delays in return
of the relevant Equipment by another customer or damage to such Equipment) in delivery in excess of the total
rental fee stated on each rental agreement.
The Equipment shall be rented to Customer for the fee specified on each rental agreement which shall be payable
as indicated in Condition 2.1. Upon the expiration of the Rental Period and subject to Condition 1.3, the Equipment
shall be returned to Fourth Dimension Audio Visual Ltd in accordance with the collection details specified on each
rental agreement.
On or before the expiry of the Rental Period, Customer may request an extension to the Rental Period. Any
extension agreed to by Fourth Dimension Audio Visual Ltd (which Fourth Dimension Audio Visual Ltd may
determine in its absolute discretion) shall be subject to a new Rental Agreement covering the extended period and
specifying the particular terms of such extended rental; Customer must sign and provide to Fourth Dimension
Audio Visual Ltd such new Rental Agreement before the commencement of such extended rental.
If Customer desires to purchase the Equipment, agreement to the same will be at the sole discretion of Fourth
Dimension Audio Visual Ltd. Any such purchase shall be subject to the standard terms and conditions of sale of
Fourth Dimension Audio Visual Ltd then currently in force. The price of the Equipment shall be such price as is
agreed by Fourth Dimension Audio Visual Ltd.
Where requested by Customer, to arrange insurance for loss or damage to the Equipment to the total replacement
value of the Equipment of the standard terms and conditions of Fourth Dimension Audio Visual Ltd Rental
Insurance Scheme. Please note that conditions and exclusions apply.
The Equipment shall be at the sole risk of Customer whilst at their premises or their agreed venue.
2.
Customer agrees with Fourth Dimension Audio Visual Ltd:
2.1
To pay the total rental and associated charges shown on each rental agreement within thirty (30) days of
the date of the invoice if on account otherwise as stated on the rental agreement.
While Fourth Dimension Audio Visual Ltd endeavours to supply all equipment necessary for the agreed
contract, additional items may be requested by the Customer or required for successful operation for the
event. Fourth Dimension Audio Visual Ltd will therefore supply an additional invoice(s) on conclusion of the
event for all additional items. This invoice is subject to condition 2.1.
Upon delivery of the Equipment by Fourth Dimension Audio Visual Ltd under condition 1.1 to assume all risk of
loss or damage to the Equipment, and to indemnify Fourth Dimension Audio Visual Ltd for all losses and damage
to or connected with the Equipment or its use (fair wear and tear excepted) until the time of its return to Fourth
Dimension Audio Visual Ltd.
Unless insurance cover has been obtained through Fourth Dimension Audio Visual Ltd under Condition 1.5, to
insure against loss or damage to the Equipment, for the total replacement value of the Equipment from the time of
delivery under condition 1.1 to the time of return to Fourth Dimension Audio Visual Ltd.
Upon expiration or earlier termination of the Rental Period, to deliver up the Equipment to Fourth Dimension Audio
Visual Ltd in as good as condition as when it was received, it being agreed that the Customer shall be responsible
for any damage thereto while as its risk (ordinary wear and tear excepted) and in the event of the Equipment not
being in such condition to reimburse Fourth Dimension Audio Visual Ltd the cost of reinstating it to such condition
or replacing it with equivalent equipment.
That, subject to Condition 1.4, the Equipment shall at all times remain the property of Fourth Dimension Audio
Visual Ltd and that the Customer shall have no rights, title or interest therein.
Not to transfer, sell, assign, sub-licence, pledge or otherwise dispose of, encumber or suffer a lien or encumbrance
upon or against any interest in the Equipment without prior written consent from Fourth Dimension Audio Visual
Ltd.
If Fourth Dimension Audio Visual’s staff have been requested to operate any of the supplied equipment, It is the
responsibility of the Customer to supply suitable subsistence during the event, if this is not supplied then Fourth
1.2
1.3
1.4
1.5
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Dimension Audio Visual Ltd reserve the right to charge an additional premium of £35.00 - £50.00 + VAT per
person per meal so that staff can obtain food from other establishments.
3.
Liability.
3.1
Fourth Dimension Audio Visual Ltd does not exclude any liability to Customer for personal injury or death
caused by negligence of Fourth Dimension Audio Visual Ltd, its employees, agents or sub-contactors.
Subject to Condition 3.1:
The total liability of Fourth Dimension Audio Visual Ltd for any delays in delivery shall be as provided in
Condition 1.1
The total liability of Fourth Dimension Audio Visual Ltd to customer other than for delay (and whether for
negligence, breach of contract, misrepresentation or otherwise) in respect of any occurrence or series of
occurrences shall in no circumstances exceed the total rental fee stated on each rental agreement.
All conditions, warranties and representations (expressed or implied by stature, common law or otherwise) in
relation to the Equipment are hereby excluded.
Fourth Dimension Audio Visual Ltd shall be under no liability to Customer for any loss, damage or injury, direct or
indirect, resulting from any defects in the Equipment or arising out of any feature (or lack thereof) of the Equipment
or its suitability for any function required by Customer.
Fourth Dimension Audio Visual Ltd shall have no liability for any indirect or consequential losses or expenses
suffered by Customer, howsoever caused, and including without limitation loss of anticipated profits, goodwill,
reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
4.
General.
4.1
In the event of a Customer cancelling a booking, Customer shall be liable for a percentage of the total
rental fee stated on each rental agreement, as follows:
Cancellation within 30 days of commencement of Rental Period – 100%
Cancellation more than 60 days of commencement of Rental Period – 75%
If:Customer defaults in or commits any breach of any of its obligations to Fourth Dimension Audio Visual Ltd
(under this Rental Agreement or otherwise), or ceases or threatens to cease to carry on its business or a
substantial part of it;
In respect of Customer (being an individual) an application is made for an individual voluntary
arrangement, or Customer otherwise makes or offers to make any arrangement or composition with its
creditors, or a bankruptcy petition is presented;
In respect of Customer (being a company) a proposal is made for a company voluntary arrangement, or
any resolution or petition to wind up Customer is passed or presented, or a receiver or administrative
receiver is appointed over Customer’s undertaking, property or assets or any material part of them, or a
petition is presented to the court for an administration order in respect of Customer;
On more than one occasion any cheque from Customer in favour of Fourth Dimension Audio Visual Ltd is
not honoured on first presentation;
Fourth Dimension Audio Visual Ltd may (without prejudice to any of its other rights) immediately by notice
in writing to Customer terminate this or any other Rental Agreement with Customer and repossesses the
Equipment rented thereunder.
Upon termination of any Rental Agreement under Condition 4.2, any indebtedness of Customer to Fourth
Dimension Audio Visual Ltd shall (notwithstanding any credit periods previously agreed) become due and
payable immediately.
No forbearance or indulgence on Fourth Dimension Audio Visual Ltd’s part in enforcing these Conditions
shall prejudice its strict rights under these Conditions nor shall it be constructed as a waiver of such rights.
If any of these Conditions is rendered or held to be void or unenforceable in whole or in part, then it shall
be unenforceable only to the extent that it is shown that it would not be lawful, fair or reasonable to allow
reliance upon it and no further and the remaining Conditions shall remain in full force and effect.
The Rental Agreement and these Conditions shall be governed by English law. The parties irrevocably
submit to the exclusive jurisdiction of the English Courts.
4.1.1
4.1.2
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.3
4.4
4.5
4.5.1.1
The term “Equipment” may be extended to include, employees, agents or sub-contactors, installation, operation and
all other services in connection with its use thereof.
The term “Rental Agreement” may also be known as “Quotation”.
The term “Rental Period” is known as the duration of time that the Equipment is in the possession of Customer.
These Terms and Conditions may be subject to alteration without prior notice. E&OE
Fourth Dimension Audio Visual Limited. The Granary, Lamberhurst Farm,
Shoreham Lane, Halstead, Sevenoaks, Kent. TN14 7BY.
T 01959 535030 F 845 280 2150 info@fourth-dimension-av.co.uk www.fourth-dimension-av.co.uk
Registered in England No: 3898733 VAT No: 752 4905 25