GLS Lighting

  • touring live music
  • festivals
  • corporate events
  • architectural lighting
  • special events
  • dry hire
  • long term contract hire

GLS Light & Sound Production Ltd. – Terms and Conditions

1. Definitions.
1.1 In these conditions:-
1.1.1 “Contract” means a contract for the hire of Equipment and/or the provision of
Services concluded by the acceptance by GLS of an order pursuant to
condition 2 hereof;
1.1.2 “Equipment” means the equipment described in the Contract or any individual
item thereof;
1.1.3 “GLS” means GLS Light & Sound Production Ltd.;
1.1.4 “Hirer” means the person, persons, firm or company placing an order with GLS;
1.1.5 “Hire Charge” means the charge payable by the Hirer to GLS for the hire of the
Equipment and/or for provision of the Services such as delivery, collection and
provision of crew personnel;
1.1.6 “Services” means any additional services provided by GLS to the Hirer, such
as delivery or collection of Equipment and provision of crew personnel;
1.1.7 “Hire Period” means the period starting on the date that the Equipment is
delivered to, or made available for collection by the Hirer and ending when the
Equipment is returned to, or collected by, GLS. GLS will use its reasonable
endeavors to have the Equipment available for delivery or collection on the
date specified in the Contract but shall not incur any liability to the Hirer
whatsoever in the event of any delay
1.2 The headings in these Conditions are for ease of reference only and shall not
effect their interpretation.
2. Orders.
2.1 GLS shall only accept a written order for hire of Equipment or provision of
Services. Unless otherwise agreed, the acceptance of the Hirer’s order by an
authorised employee of GLS shall constitute the Contract, which shall be
subject to these Conditions. Any terms and conditions in the Hirer’s order or
other documentation of whatsoever kind, which are inconsistent with these
Conditions, shall have no effect.
3. Cancellation.
3.1 If the Hirer cancels an order received by GLS whether in writing or not, GLS
reserves the right to make a cancellation charge as follows:-
3.1.1 Within 14 days of the first date of the hire, 50% of the full fee shall become due
and payable (less any deposit already paid by the Hirer) subject to Clause 5
herein
3.1.2 Within 7 days of the first date of the hire, 100% of the full fee shall become due
and payable (less any deposit already paid by the Hirer) subject to Clause 5
herein
4. Hire of Equipment.
4.1 GLS hereby hires to the Hirer the Equipment for the Hire Charge for the
duration of the Hire Period.
4.2 GLS reserves the right to supply equipment of a similar design to the
Equipment in the event of any items of the Equipment being unavailable to the
Hirer.
4.3 Due to continuing development, GLS reserves the right to change
specifications for the Equipment without notice.
5. Hire Charge.
5.1 The Hirer shall pay to GLS the Hire Charge, including any charges for the
provision of Services within 14 days of the date of delivery of an invoice for
such charges by GLS. Time shall be of the essence in respect of the payment
of all sums due under this Contract and the Hirer shall be deemed to have
repudiated this Contract if any Hire Charges or other payments remain unpaid
for more than 14 days after becoming due, whether demanded or not.
5.2 All sums due from the Hirer to GLS hereunder shall attract VAT at the current
rate.
5.3 GLS reserve the right to charge the Hirer interest at the rate of 3% per month
above the mean base rate for the time being of Barclays Bank plc on all
invoices which are not paid in accordance with Condition 4.1 hereof. Such
interest shall be calculated from 30 days after the date of the invoice until
actual payment and shall be payable after as well before any judgment
obtained in respect thereof.
6. Ownership.
6.1 The Equipment shall at all times remain the property of GLS and the Hirer shall
have no rights to the Equipment other than as hirer and the Hirer shall not do
or permit to be done any matter or thing whereby the rights or GLS in respect
of the Equipment are or maybe prejudicially affected. In particular, the Hirer
shall not sell, assign, mortgage, charge, hire or otherwise dispose of the
Equipment or any part thereof.
7. Loss, Damage and Insurance.
7.1 In the event of any loss or damage to the Equipment the Hirer shall pay for its
replacement, or the cost of restoring it to good working order, or allow GLS or
its agent to carry out such work at the Hirer’s expense.
7.2 The Hirer shall during the Hire Period (without prejudice to the liability of the
Hirer to Owner pursuant to Condition 6.1) keep the Equipment insured for its
replacement value with a reputable insurance company against loss and
damage from all risks (including third party risks). The Hirer shall on demand
show to GLS the policy, premium receipts and insurance certificate and shall
not use or allow the Equipment to be used for any purpose not permitted by the
terms and conditions of said policy or do or allow to be done any act or thing
whereby the insurance may be invalidated.
7.3 The Hirer shall immediately notify GLS of any loss of or damage occurring to
the Equipment. Where such loss or damage is covered by the Hirer’s
insurance, the Hirer shall hold any monies received under such policy of
insurance on trust for GLS, and shall pay or apply the same as GLS may
direct.
8. Hirer’s Indemnities.
8.1 The Hirer shall be solely responsible for and hold GLS indemnified against all
claims, demands, liabilities, losses, damages, proceedings, costs and
expenses which may be brought against or incurred by GLS as a result of any
usage of the Equipment (other than death or personal injury resulting from the
negligence of GLS, its employees or agents).
8.2 The Hirer shall be solely responsible for and hold GLS indemnified against all
claims, demands, liabilities, losses, damages, proceedings, costs and
expenses which may be brought against or incurred by GLS as a result of any
breach or default on the part of the Hirer in the discharge or its obligations
under the Contract.
9. Limitations of Liability.
9.1 GLS’s liability for direct physical damage to tangible property of the Hirer
caused by the negligence of GLS its employees agents or sub contractors, or
by breach of contract, shall not exceed £500,000 subject to the exclusions set
out in Condition 8.2.
9.2 GLS shall not be liable for the following loss or damage howsoever caused and
even if foreseeable by or in contemplation of GLS:-
9.2.1 Loss of profits, business, revenue, goodwill or anticipated savings whether
sustained by the Hirer or any other person ; or
9.2.2 Special, indirect or consequential loss other than direct physical damage to
tangible property of the Hirer or any other person; or
9.2.3 Any loss arising from any claim made against GLS by any third party.
10. Termination
10.1 GLS shall have the right to terminate the Contract forthwith by giving notice in
writing if the Hirer:-
10.1.1 Fails to make payment of the Hire Charge or any other sum payable under the
Contract within 14 days of its becoming due (whether demanded or not); or
10.1.2 Commits a breach of any of the terms and conditions of the Contract, whether
express or implied, and fails to remedy such breach within a reasonable period
of time; or
10.1.3 Being a body corporate:-
10.1.3.1 Enters into liquidation whether compulsorily or voluntarily otherwise
than for the purpose of amalgamation or reconstruction without
insolvency; or
10.1.3.2 Compounds or makes any arrangement with its creditors; or
10.1.3.3 Is the subject of an application for an administration order or any
proposal under Part 1 of the Insolvency Act 1986 for a composition in
satisfaction of its debts; or
10.1.3.4 Has a receiver or manager appointed over all or any of its undertaking
or assets, or is deemed by virtue of Section 123 of the Insolvency Act
1986 to be unable to pay its debts; or
10.1.3.5 Is struck off the Register of Companies or otherwise dissolved; or
10.1.4 Being an individual, should die, suffer an interim order (within the meaning of
the Insolvency Act 1986) to be made against him, or enter into a voluntary
arrangement or be served with a Statutory Demand or a petition for a
bankruptcy order; or
10.1.5 Has any distress, execution or other legal process levied on or against the
Equipment or any part thereof or against any premises where the Equipment
may be or against any of the Hirer’s goods or other property, or if the Hirer
permits any judgment against it to remain unsatisfied for 7 days.
11. Consequences of Termination
11.1 Any termination of a Contract (howsoever occasioned) shall not affect any
accrued rights or liabilities of either party.
11.2 On termination of a Contract (howsoever occasioned) the Hirer shall no longer
be in possession of the Equipment with the consent of GLS and shall unless
otherwise agreed with GLS return the equipment to GLS in good working order.
In the event that the Hirer fails to return the Equipment to GLS within 2 days of
termination of the Contract under Clause 9 hereof, the Hirer unconditionally
authorises GLS, its servants or agents to enter onto the Hirer’s premises to
retake possession of the Equipment.
11.3 Upon any termination under Clause 9 hereof the Hirer shall pay to GLS:-
11.3.1 all arrears of Hire Charges then due and all other sums accrued by the Hirer
and unpaid as at the date of termination, together with any interest thereon,
and
11.3.2 the cost of all repairs to the Equipment which may be required as at the date of
termination; and
11.3.3 any other sums which are or may become due to GLS or to which GLS is
entitled to recover by way of damages.
12. Force Majeure
12.1 Although GLS shall use all reasonable endeavors to discharge its obligations
under the Contract in a prompt and efficient manner, it does not accept
responsibility for any failure or delay caused by circumstances beyond its
control.
13. General
13.1 No neglect, delay or indulgence by GLS in enforcing any terms of the Contract
shall prejudice the rights of GLS or be construed as a waiver.
13.2 The Hirer hereby waives all and any future claims and rights of set off against
any sums due to GLS under the Contract or at all regardless of any equity, set
off or counterclaim on the part of the Hirer against GLS.
13.3 Any notice hereunder may be served by sending it by pre-paid first class mail
to the address stated herein, or by transmission of fax or e-mail. In proving the
service of any notice sent by post it will be sufficient to prove that the envelope
containing the notice was properly addressed, stamped and posted. Service
shall be deemed to be effected on the second business day following the date
of posting.
13.4 The Hirer shall not assign or otherwise transfer all or any part of the Contract.
13.5 Any term of the Contract which is or may be void or unenforceable shall to the
extent of such invalidity or unenforceability be deemed severable and shall not
affect any other term of the Contract.
13.6 The formation, construction and performance of the Contract shall be governed
by English law. The parties hereby agree to submit to the exclusive jurisdiction
of the English Courts.


GLS Light & Sound Production Ltd t/as GLS Lighting.

 

The Alpha Building, Willment's Shipyard, Hazel Road, Southampton SO19 7HS  T: 023 8043 6622  F: 023 8043 6633

Registered in England No. 4165309.