TERMS AND CONDITIONS OF THE HIRE

AN AGREEMENT made between D&P Multimedia Products Ltd having its registered office at Unit 1 Terenure Business Park, Beechlawn Way, Terenure, D6W (hereinafter called the owner which expression shall where the context so admits include the owner’s successors in title) of the one part and the hirer named in the schedule hereto (hereinafter called the hirer) of the other part.

WHEREBY IT IS AGREED as follows:-

Agreement for Hire: 1. The Owner will let and the Hirer will take on hire upon the following terms and conditions the goods described in the Schedule hereto. The Hirer shall be a mere bailee of the goods and no interest in them shall pass to the Hirer.

2. The hiring shall (subject to the provisions of Clause 12 hereof) commence on the date specified in the Schedule and shall continue for the period therein specified, unless determined as hereinafter provided.

3. All equipment taken by the Hirer must be returned to the Owner within the time specified in the Schedule hereto. For every day thereafter up to and including the day on which the equipment is returned to the Owner the Hirer shall pay a Late Fee as specified in the Schedule hereto.

4. The Hirer shall pay for all damage done to the equipment taken out by the Hirer except such as is caused by reasonable and fair use thereof.

5. On the signing of this Agreement the Hirer is required to pay a deposit as specified in the Schedule attached hereto. Such deposit will be returned at the end of the Agreement in the event of the Hirer duly returning in good condition all equipment taken but the Owners shall have the right to retain the said deposit (or so much thereof as may be necessary for the purpose) in or toward compensation for the loss of or damage (fair wear and tear expected) to any equipment taken out by the Hirer and payment of any sums due under paragraph 3 of these terms in respect of overdue equipment.

6. During the continuance of the hiring, the Hirer shall:-

A. Punctually pay all sums specified in the schedule hereto;

B. Indemnify the Owner against loss of or damage to the goods or any part thereof from whatever cause arising and whether or not such loss or damage results from the negligence of the hire;

C. Keep the goods in good and substantial repair and condition (fair wear and tear only excepted) and replace all missing, damaged or broken goods or parts thereof with goods or parts of equal quality and value;

D. Punctually pay all licence fees, rent, rates, taxes and other outgoings payable in respect of the goods or of any premises in which the goods may from time to time be placed or kept and produce to the Owner on demand the last receipts for all such payments and in the event of the Hirer making default in such payments, the Owner shall be at liberty to make the same and recover the amount thereof from the Hirer forthwith;

E. Permit the Owner and any person authorised by the Owner at all reasonable times to enter upon the premises in which the goods are for the time being placed or kept for the purpose of examining the goods;

F. Keep the goods at the address of the Hirer stated in the Schedule and not to sell, let or otherwise dispose of the goods nor part with possession of the same;

G. Use the goods in a proper manner, keep the same free from any charge, lien, distress, execution or other legal process and promptly pay for all repairs to the goods;

H. Pay to the Owner all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Owner in ascertaining the whereabouts of or repossessing the goods and of any legal proceedings taken by or on behalf of the Owner to enforce the provisions of this Agreement.

Termination by Owner:

7. If the Hirer shall make default in payment of any sum payable hereunder or shall fail to observe or perform any of the other terms and conditions of this Agreement or if the Hirer shall commit an act of bankruptcy or have a receiving order against him or shall make any arrangement with his creditors or any assignment of the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Hirer’s property then the Owner shall be at liberty by notice in writing forthwith to terminate this Agreement and thereupon this Agreement and the hiring thereby constituted shall for all purposes determine. Thereafter the Hirer shall cease to be in possession of the goods with the Owner’s consent and subject to the provisions of Clause 6 hereof, and any pre-existing liability of the Hirer, neither party shall have any rights against the other, save that the Owner shall be entitled to repossess the goods and for that purpose to enter upon the premises in which the same are kept.

Hirer’s Liability after Termination by Owner:

8. Upon termination of this Agreement by the Owner, pursuant to the provisions of Clause 5 hereof, the Hirer shall, if required by the Owner, and at the Hirer’s expense, deliver up the goods to the Owner at the address of the Owner stated about, or at such other address as the Owner shall specify and shall pay to the Owner as agreed compensation for loss of profit [one half] of the further rentals that would have become payable by the Hirer if this Agreement had not been so terminated, but had continued for the full period of hire specified in the Schedule.

Delivery up of Goods

9. Upon expiration of the period of hire specified in the Schedule, this Agreement, if it has not previously determined under the provisions of Clause 5 hereof, shall come to an end and the Hirer shall, if required by the Owner, deliver up the goods to the Owner as provided by Clause 6 hereof, or shall at the option of the Owner make the goods available for collection by the Owner at the premises where they are situated and the Owner shall be entitled to enter upon such premises for the purpose of taking possession of the goods.

Notices:

10. Any notice required or permitted to be given by the Owner to the Hirer hereunder shall be validly given if served personally on the Hirer or sent by pre-paid post addressed to or left at the address of the Hirer stated in the Schedule hereto, or at the Hirer’s last known address and shall, if sent by post, be conclusively deemed to have been received by the Hirer 48 hours after the time of posting.

Exclusion of Conditions, Warranties and Representations

11. The Owner accepts no responsibility of any kind for any defects in the goods and does not warrant that they are suitable for the particular or any purpose for which they are or may be required. All conditions, warranties and representations, whether express or implied, in favour of the Hirer are hereby excluded with the exception of any statutory rights which the hirer may have.

Generally:

12. In this Agreement “the goods” include all replacements and renewals thereof and all accessories and additions thereto, whether made before or after the date of this Agreement.

13. No relaxation, forbearance or indulgence by the Owner in enforcing any of the terms and conditions of this Agreement or the granting of time by the Owner to the Hirer shall prejudice or affect the rights and powers of the Owner hereunder nor shall any waiver of any breach operate as a waiver of any subsequent or continuing breach.

14. This Agreement shall not come into force until it has been signed on behalf of the Owner by one of its Officers, duly authorised for that purpose, and unless and until any deposit prescribed by law has been paid by the Hirer.

Without prejudice to any other right or remedy available to the Company in the event of the cancellation of an order by the Hirer the Company reserves the right to make a cancellation charge as follows:- 

Notice Given of Cancellation	% of Total Hire Charges
8 days or more	25%
7 days	50%
Less than 48 hours	75%