Conditions of Hire

1. DEFINITIONS

In these conditions:-
‘Owner’ – means The Warehouse Sound Services Ltd
‘Hirer’ – means the person, firm or company who has ordered from the Owners the equipment as detailed.

2. HIRE CHARGES

All hire charges run from the day of collection/delivery until the day of return to ‘The Warehouse’ unless previously agreed in writing.

3. CANCELLATION FEES

Where the hirer cancels a hire that has been pre-booked the following cancellation fees may be applied by the owner.
Within 24 hours of the booked start of the hire – 75% of total hire charge.
Within 72 hours of the booked start of the hire – 50% of total hire charge.
Within 7 days of the booked start of the hire – 25% of total hire charge

4. EQUIPMENT

The equipment must not be modified or altered by the Hirer or by anyone acting on behalf of the hirer. Equipment remains the property of the Owner at all times. Rehire is not permitted without prior consent

5. RESPONSIBILITY

The Hirer is advised to establish that the equipment booked is suitable for the use that the Hirer intends. Exact model number/s will be supplied at time of booking by the owner if requested by the Hirer. The Hirer assumes responsibility for the equipment once it leaves the premises of the Owners. Any damage to or loss of equipment on hire however caused, is to be made good by the hirer. The hirer is advised to take out adequate insurance cover to facilitate this. The equipment shall be assumed to be on hire until its return to the Owner or until any loss or damage has been paid for by the hirer.

6. USE OUTSIDE THE UK

Where equipment is to be used outside the U.K. the Hirer is responsible for any paperwork with regard to import and export. The Hirer is liable for hire charges from the date the equipment leaves the Owners premises until its return thereto.

7. OWNERS LIABILITY

The Owners shall not be liable for any damage to equipment not supplied by the Owner where connected to equipment hired from the Owner by anyone other than by an agent or servant of the
Owner.
The owners shall not be liable for the unsuitability of the equipment booked by the hirer. Exact model number/s will be supplied at time of booking by the owner if requested by the Hirer. The Hirer is advised to establish that the equipment booked is suitable for the use that the Hirer intends. The Owners shall not be liable for any damage or defect caused by negligent handling by anyone other than a servant of the Owners or damage to the equipment after delivery or collection whether by a carrier or his appointed agent.
Whilst every endeavour will be made to supply equipment in good working order, the Owners liability shall, in the event of a defect, be limited to replacing or at their discretion, repairing, any defective part of the equipment.
The Owners shall not be liable for any damage or defect caused by negligent handling by anyone other than a servant of the Owners or damage to the equipment after delivery or collection whether by a carrier or his appointed agent.

8. INSTALLATION AND OPERATION

All equipment hired by the Hirer should be installed an operated by competent personnel. The hirer undertakes to use the Goods at all times in accordance with the instructions and methods (if any) and/or for the purposes recommended by the owner. No responsibility can be accepted by the Owners for damage to property or personnel whilst equipment is on hire to the Hirer.

9. SIGNATURE

The signature given on collection or delivery, by the Hirer or his servant or agent, for receipt of the goods is conclusive evidence that the goods were complete and in proper working order at that time.
The signature given on collection or delivery, by the Hirer or their agent, signifies acceptance of these conditions of hire and authorisation so to do.

10. CABLING

Cabling is supplied coiled and must be returned in a similar fashion, otherwise a charge of £1.50 per cable will be made for recoiling. Likewise a charge of £5.oo per end will be made for any connectors removed, in addition to the cost of the connectors.

11. PAYMENT

Unless otherwise agreed in writing by the owner, charges are due and payable within 30 days of date of invoice (‘the due date’) for approved account holders only. All others are required to pay for the hire in full prior to the hire. In some circumstances a full or part payment may be required by the Seller as confirmation of the booking.
Any discount offered by the owner to the hirer is dependant on full settlement being received the owner no later than 30 days after the date of the owners invoice. Failure to make prompt payment automatically cancels any and all discounts offered.

12. OVERDUE PAYMENT

Without prejudice to the owner’s other rights, the owner reserves the right to charge interest to be added to any late payment from the due date for payment at the rate of 2% per calendar month above the base rate from time to time of The Royal Bank of Scotland plc until full payment has been received.
If the Hirers fail to pay any sum due in accordance with the terms of the quotation and of these conditions of hire or if the Hirers commit an act of bankruptcy or make or enter into any deed of
arrangement or composition with their creditors or being a company enter into liquidation whether compulsory or voluntary or allow any execution whether legal or equitable to be levied against their property or obtained against them then the owners may but without prejudice to any other rights of remedies forthwith terminate the contact and repossess all their equipment.

13. GOVERNING LAW AND JURISDICTION

All contracts incorporating these Conditions of Sale shall be governed by and construed in accordance with the laws of Scotland and the Buyer agrees to submit to the non-exclusive jurisdiction of the Scottish Courts.

Conditions of Sale

1. DEFINITIONS

In these conditions:-
‘Seller’ – means The Warehouse Sound Services Ltd
‘Buyer’ – means the person, firm or company placing an order with the Seller.
‘Goods’ – means all goods and materials which are the subject matter of the
Buyers order.

2. FORMATION OF THE CONTRACT

There shall be no binding contract between the Seller and the Buyer until the Buyer’s order is accepted by the Seller. All orders which are accepted are subject to these Conditions of Sale which shall apply to the exclusion of all other terms, including any standard terms of the Buyer. Any purported variation, alteration or addition to these Conditions is inapplicable unless accepted by the Seller in writing.

3. SIGNATURE

The signature given on collection or delivery, by the Buyer or their agent, signifies acceptance of these Conditions of Sale and authorisation so to do.

4. PRICE

Unless otherwise agreed, the price of the Goods shall be that given in the Seller’s current price list on the date of the Seller’s invoice. The Seller shall be entitled to amend its price list at any time. Unless otherwise agreed in writing, prices quoted by the Seller are exclusive of delivery charges and are exclusive of Value Added Tax.

5. PAYMENT

Unless otherwise agreed, in writing by the Seller, payment shall be made no later than 30 days after the date of the Seller’s invoice (‘the due date’) for approved account holders only. All others are required to pay in full at the time of sale. In some circumstances a full or part payment may be required by the Seller as confirmation of the order.

6. DISCOUNT

Any discount offered by the Seller to the Buyer is dependant on full settlement being received by the Seller no later than 30 days after the date of the Sellers invoice. Failure to make prompt payment automatically cancels any and all discounts offered.

7. OVERDUE PAYMENT

Without prejudice to the Seller’s other rights, the Seller reserves the right to charge interest to be added to any late payment from the due date for payment at the rate of 2% per calendar month above the base rate from time to time of The Royal Bank of Scotland plc until full payment has been received.

8. DELIVERY

Times quoted for delivery are estimates only and are not guaranteed. Time is not of the essence to delivery. Without prejudice to the foregoing the Seller shall not be liable to the Buyer for any loss, loss of profit, damage or expense whatsoever if the Seller is delayed or prevented from delivering the Goods or any part thereof or otherwise performing its contractual obligations due to any event or cause whatsoever beyond the reasonable control of the Seller.

9. RISK

The risk in the Goods shall pass to the Buyer on delivery of the same to the Buyer or its representative or on collection of the same by or on behalf of the Buyer.

10. DAMAGE TO GOODS

The Goods must be examined by the Buyer at the time of delivery or collection and signed for. Any loss or damage to the Goods or any part thereof must be noted against signature and must be notified in writing to the Seller within three days of delivery or collection and any damaged Goods must be retained for inspection by the Seller or its carrier. If the Buyer shall fail to give such notice the said Gods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to and accept and pay for the same accordingly.
If the Seller has agreed to deliver the Goods to the Buyer at a place other than the Seller’s premises and the Goods or any part thereof are lost or damaged in transit, the Seller shall (subject to the Buyer having complied with its above obligations) either issue the Buyer with a credit note in respect of or replace free of charge the Goods lost or damaged. The Buyer shall accept such credit note or replacement in full and final settlement and satisfaction of any and all claims which it may have against the Seller in respect of any Goods lost or damaged in transit and the Seller shall not be liable to the Buyer for any loss, loss of profit, damage or expense whatsoever arising from any loss or damage to the Goods or any part thereof in transit.

11. PROPERTY

Until full payment has been received by the Seller for the Goods, full legal and beneficial ownership in the Goods shall remain in the Seller. Notwithstanding the foregoing the Buyer shall be at liberty to sell the Goods in the ordinary course of its business provided that the proceeds of any such sale shall belong to the Seller and the Buyer shall maintain a separate account in the name of and for the benefit of the Seller in respect of such proceeds and shall hold such sums at all times in trust for and on behalf of the Seller and shall pay the same to the Seller on demand. The Seller may by notice in writing revoke the Buyer’s power of sale if the Buyer shall default in the payment of any sum due to the Seller whether in respect of the Goods or otherwise or permit any encumbrancer to take possession or a receiver, administrator or judicial factor to be appointed of any part of the assets of the Buyer or if a petition is presented or notice is given of a resolution to wind up the Buyer or if a distress or execution is levied on or issued against any of the property of the Buyer or the Buyer makes any arrangement or composition with its creditors or commits any act of bankruptcy or is unable to pay its debts within the meaning of section 123 of the insolvency act 1986 or any statutory modification thereof or in the case of a sole trader or partnership upon the appointment of a trustee in sequestration. Upon determination of the Buyer’s power of sale as aforesaid the Buyer shall place the Goods at the disposal of the Seller who shall be entitled to enter upon the premises at which the Goods may be situated for the purpose of removing the same.

12. SELLER’S REMEDIES

No relaxation, forbearance or delay by the Seller in enforcing any right as remedy which it may have shall prejudice, affect or restrict the rights of the Seller hereunder.

13. PROPER USE OF GOODS

The Buyer is advised to establish that the Goods ordered are suitable for the use that the Buyer intends. The Buyer undertakes to use the Goods at all times in accordance with the instructions and methods (if any) and/or for the purposes recommended by the Seller. Subject to the Buyer complying with the above undertaking if the Goods prove defective through no fault of the Buyer the Seller shall at its complete discretion either rectify the defect in the Goods or replace the Goods free of charge.

14. LIMIT OF SELLER’S LIABILITY

All Goods are sold on the express understanding that repair or replacement in accordance with paragraph 10 above is accepted by the Buyer in full and final settlement of all and any conditions and warranties (except a warranty by the Seller that it has the right to sell the Goods) and of all and any claims whatsoever on the part of the Buyer (excepting only a claim in respect of death or personal injury caused) whether in contract or delict (including negligence) or otherwise and arising from any defect in the Goods or any part thereof.

15. GOVERNING LAW AND JURISDICTION

All contracts incorporating these Conditions of Sale shall be governed by and construed in accordance with the laws of Scotland and the Buyer agrees to submit to the non-exclusive jurisdiction of the Scottish Courts.

Returns Policy

The Distance Selling Regulations 2000 and your right to cancel (please note – excludes trade counter purchases).

In accordance with The Customer Protection (Distance Selling) Regulations 2000, The Warehouse provides customers with the right to cancel an order within 14 working days of receipt of the goods. You must notify The Warehouse of your intention to do so in writing within this period. Email notification can be sent to sales@warehousesound.co.uk Goods must be returned within 14 days of this notification.
Goods must be returned at your cost and liability, unused and as new, complete with all accessories, cables, manuals and software in undamaged original packaging. Goods must be sufficiently protected for transit. If an entire order is returned we will refund the value of a standard on-line delivery charge.
Please note that the following are not covered under the right to cancel: Recordable media, computer software. Due to health and safety considerations microphones, headphones and IEM earpieces will only be accepted in unopened, sealed packaging. In addition customised orders, including cut lengths of cable, custom looms, custom flightcases and non-stock special order items are also exempt.

Damaged Goods / Errors

If you believe that an order may have been damaged in transit to you, please sign for it as “damaged” to the courier, or refuse to accept the delivery. If you accept a damaged delivery, you must retain all original packaging for examination. You must notify The Warehouse of any damage within 24 hours of receipt of goods. You must notify The Warehouse of any error in orders within 3 days of receipt of goods. Please email notification to sales@warehousesound.co.uk.

Defective Items (Warranty Repairs and Guarantees)

Please carefully read all manuals supplied with an item before you report it as faulty. Carriage charges are payable for any item found not to be faulty and additional engineers inspection charges may be applicable.
Please note that Warranty provisions do not cover normal wear-and-tear or consumable items. Products that have been misused in any way are not covered under warranty.
Please e-mail to arrange your return and we will issue you with a Returns Number.

Within 28 days from receipt of goods

If upon return to The Warehouse an item is inspected and agreed to be faulty, at the discretion of The Warehouse a replacement or refund will be offered. Goods must be protected correctly for transit. Please note that replacements or refunds are not able to be processed unless these procedures are followed. Please note that no liability will be accepted for goods returned without original packaging.

After 28 days and before one year from receipt of the goods

If a fault develops during this period, The Warehouse should be notified of your intention to return the equipment. If upon inspection, the fault is found to be outside of the manufacturer’s warranty conditions, a charge will be made for diagnosis and return carriage.

After 12 months from purchase but still within the manufacturer’s warranty

Some manufacturers provide a warranty which is longer than 12 months. Please check manufacturer websites for information on their UK warranty. If a unit fails within the manufacturer’s warranty it should be returned to The Warehouse for testing and forwarding to the relevant service department. In this instance, it will be the customer’s responsibility to arrange safe delivery to the Warehouse.

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