Terms & Conditions
Terms and Conditions of Hire
As used herein and throughout this Agreement:
1.1 “Agreement” means the entire content of this Basic Terms and Conditions document, and any supplemental agreement, together with any further attachments.
1.2 “Copyright” means the property rights in any original authorship or artistic works, expressed in a tangible medium of expression, as defined and enforceable under the Copyright, Designs and Patents Act 1988.
1.3 “Product” means the services and products for hire specified to be delivered by The Hirer to Hiree.
1.4 The “Hirer” is Angry 9 Ltd of 2 Chestnut Barn, Cobham, Surrey, KT11 1BU or any subsidiary or associated company.
1.5 The “Hiree” means the party identified as the Hiree in this Agreement to whom Angry 9 Ltd may agree to supply Products for hire in accordance with these terms and conditions.
1.6 If the business address for communication and service of the Hiree is not in the United Kingdom, then the Agent named on same shall be jointly and severally liable with the Hiree to Angry 9 Ltd for all terms and conditions of hire and the address for communication and service for the Hiree shall be that of the Agent.
2. Official Order
2.1 All orders placed with Angry 9 Ltd shall constitute an offer to Angry 9 Ltd, under these terms and conditions, subject to the availability of the products and to acceptance of the order by Angry 9 Ltd.’s authorised representative.
2.2 All transactions with Angry 9 are to be made in formal order document form.
2.3 Quotes for items and hire charges are agreed for a period on a weekly basis.
2.4 All items must be covered by official order showing registered business address and VAT No.
2.5 All orders are accepted, and Products supplied subject to these express terms only. No amendment of these terms and conditions will be valid unless confirmed in writing before or on the date of acceptance of the order hereof by Angry 9 Ltd.’s authorised representative.
2.6 It is agreed that these terms and conditions prevail over the Hiree’s terms and conditions of hire purchase unless these latter terms and conditions are amended by Angry 9 Ltd in writing, and signed by Angry 9 Ltd.
2.7 Unless expressly stated otherwise in this Agreement, nothing in the Agreement confers or is intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999. Nothing in this Agreement shall confer or purport to confer on any third party any benefit or right to enforce any terms of this Agreement.
3.1 Price lists and other advertising material as used by Angry 9 Ltd are intended only as an indication as to the price and range of goods offered, and no prices, descriptions or other particulars therein shall be binding on Angry 9 Ltd.
3.2 All quoted or listed prices are based on the cost of Angry 9 Ltd of supplying the Products to the Hiree. If before delivery of the Products there occurs any increase in any way of such costs in respect of Products which have not yet been delivered, the price payable may be subject to amendment with notice from Angry 9 Ltd and the Hiree retains the right to cancel the order in such a circumstance.
3.3 All prices are exclusive of Value Added Tax (“VAT”) and any similar taxes. All such taxes are payable by the Customer and will be supplied in accordance with UK legislation in force (the Value Added Tax Act 1994) at the tax point date.
4. Hire Charges:
4.1 As stated below unless otherwise stated on the order:
Week 1 – 10% of quoted value of item
Week 2 – 17.5% of quoted value
Week 3 – 22.5% of quoted value
Week 4 – 27.5 % of quoted value
4.2 A minimal hire charge of £25 + VAT is applicable to each contract.
5. Extended Hire:
5.1 The Hiree cannot extend the hire period without prior agreement in writing to Angry 9.
5.2 Special hire charges for long periods will be pre-arranged as stated on the order form.
6.1 Orders to be paid for on or prior to collection.
6.2 In providing card payment details, the Hiree authorises the use of these against any sums that become owing to us in regard to extended hire, loss or damage.
6.3 Until such time as the property in the Products passes to the Hiree, the Hiree shall hold the Products as Angry 9 Ltd.’s fiduciary agent and bailee.
7. Loss/Damage and Insurance:
7.1 During the hire period the items shall be kept in good repair and condition.
7.2 The Hiree shall keep the Products properly stored, protected, insured and identified as Angry 9 Ltd.’s property.
7.3 Any items returned damaged or altered will be restored by Angry 9 who will charge on the basis of cost restoration (including where appropriate, depreciation in value).
7.4 Items not returned, or which cannot be restored will be charged at insurance risk value as detailed on hire.
7.5 It is the responsibility of the Hiree to insure with reputable London insurers. The insurance must cover the risk values against loss or damage howsoever caused from time of collection until return and to produce a certificate of insurance on demand.
7.6 The Hiree must report any discrepancies within 24 hours from collection.
8. Collection and Delivery:
8.1 Any time quoted for delivery is to be treated as an estimate only. Delivery may be postponed for reasons beyond the reasonable control of Angry 9 Ltd. In these circumstances, Angry 9 Ltd shall not be liable for any damages, penalty for delay or delivery.
8.2 Collection and return of goods is by the Hiree, unless pre-arranged to the contrary where this service will be charged as an extra to be agreed in writing between the parties.
8.3 Labels identifying each item as the property of Angry 9 shall not be removed.
8.4 An administrative fee of £25 + VAT will be charged if props are returned without any paperwork.
8.5 Risk shall pass to the Hiree at the time the Products are signed for by the Hiree.
8.6 If the Products have not been received, the Hiree must notify Angry 9 Ltd within 7 days of the date of the invoice. If proof of delivery is required, this must be requested within 14 days of the date of the invoice.
9.1 No alterations shall be made to items without prior written consent of Angry 9 Ltd.
9.2 Any permission granted for such alterations shall be subject to the limited conditions set out in writing and detailing any agreed alterations.
9.3 The location of items at all times shall be confirmed to Angry 9 Ltd on demand.
9.4 No items hired shall be used for any purpose other than that for which such items are hired and shall not be lent or sub-hired to any third party.
10. Indemnity and Limitation of Liability:
10.1 The Hiree hereby agrees to indemnify Angry 9 Ltd against all claims, expenses and legal costs in respect of damage, injury or loss arising directly or indirectly from the use or condition of items. No warranty of fitness for purpose is given by Angry 9 Ltd.
10.2 The Hiree is respectfully reminded of Copyright legislation and for them to ensure that any necessary clearances, permissions or releases have been properly obtained before using any item. Angry 9 Ltd shall not be liable for any complaint or claim for infringement of any Copyright or other Intellectual Property rights.
10.3 Angry 9 Ltd disclaims and excludes all liability to the Hiree in connections with these terms and conditions including the Hiree’s use of the Products and in no event shall Angry 9 Ltd be liable to the Hiree for special, indirect or consequential damage including but not limited to loss of profits in connection with the use of the Products.
10.4 The Hiree shall indemnify and defend Angry 9 Ltd and its employees in respect of any claims by third parties which are occasioned by or arise from any Angry 9 Ltd performance or non-performance pursuant to the instructions of the Hiree or its authorised representative.
11.1 In certain circumstances Angry 9 Ltd may request a surety on behalf of the Hiree.
11.2 The essential terms of the surety shall be to guarantee to Angry 9 the due performance by the Hiree of all the hire terms and conditions.
11.3 Notwithstanding any other terms or dispensation agreed with or granted to the Hiree, the surety shall at all times be liable for the performance of all terms of the agreement, including but not limited to payment for loss or damage of any items.
12. Packing Cases:
12.1 Packing cases are free of charge for the hire period, however they shall be charged to the hirer if not returned or damaged at a cost of £25 each +VAT.
13. Cancellation of Order:
13.1 Any request by the Hiree for cancellation of any order or for the rescheduling of any deliveries will only be considered by Angry 9 Ltd if made at least 24 hours before the delivery of the Products and shall be subject to acceptance by Angry 9 Ltd at Angry 9 Ltd.’s sole discretion.
13.2 A cancellation fee of 50% of hire cost will be made for confirmed orders cancelled within 24 hours before collection.
13.3 An order made to Angry 9 Ltd is capable of being withdrawn at any point before the acceptance of the order is made by Angry 9 Ltd
14.1 Angry 9 Ltd warrants that it has good title to or licence to supply all Products to the Customer.
14.2 If any part of the Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired in accordance with any warranty cover or terms as provided by the manufacturer of the Products, provided that no unauthorised modifications to the Product have taken place.
14.3 If the Products are rejected by the Customer as not being accordance with the Customer’s order pursuant to clause 16.1 or 16.2, Angry 9 Ltd will only accept the return of such Products provided that it receives written notification thereof giving detailed reasons for rejection.
14.4 Angry 9 Ltd will not consider any claim for compensation, indemnity or refund under liability, if any, has been established or agreed with the manufacturer and where applicable, the insurance company.
14.5 Except as specifically set out in Clause 16, Angry 9 Ltd disclaims and excludes all other conditions, warranties and other terms, whether express or implied, including, but not limited to the conditions, warranties and other terms of description, design, satisfactory quality and fitness for a particular purpose, or arising from any previous course of dealing, usage or trade practice.
This agreement may be terminated forthwith by notice in writing:
15.1 By Angry 9 Ltd if the Customer fails to pay any sums due hereunder.
15.2 If either party fails to perform any of its obligations under this Agreement and such failure continues for a period of 14 days after written notice thereof, by the other party.
15.3 If either party is involved in any legal proceedings concerning its solvency, or ceases trading, or commits an act of bankruptcy or is adjudicated bankrupt or enters liquidation, whether compulsory or voluntary, other than for the purposes of an amalgamation or a reconstruction, or makes an arrangement with creditors or petitions for an administration order or has a Receiver or Manager appointed over all or any part of its assets or generally becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, then without prejudice to any other rights or remedies available to it, the other party shall have the right to terminate this Agreement forthwith.
15.4 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.
15.5 If the Hiree violates any law, rule, regulation or policy of any government authority related to the use of the Product.
15.6 If the Hiree makes a material misrepresentation in any submission of information relating to the order of the Product or any other information submitted to Angry 9 Ltd.
15.7 If the Hiree engages in any fraudulent activities.
15.8 If Angry 9 Ltd receives an order of any court or other government authority having jurisdiction which prevents Angry 9 Ltd from supplying the Product to the Hiree.
16. Document Inconsistency:
16.1 Any typographical, clerical, or other error in any sales literature, marketing materials, quotations, price lists or other documents issued by Angry 9 Ltd shall be subject to correction without any liability on the part of Angry 9 Ltd. For the avoidance of doubt, Angry 9 Ltd sales literature of marketing materials appearing in any form are not incorporated into and do not form part of this agreement.
17. Intellectual Property Rights:
17.1 As between the Hiree and Angry 9 Ltd, all Intellectual Property Rights in any document, information, materials, supplied to the Hiree in connection with the Product shall belong to Angry 9 Ltd.
17.3 The items may not be altered, edited or amended, nor may the items be put to any other purpose including, but not limited to, marketing, advertising, promoting or cross-promoting, publishing, copying, reproducing or dealing with in any way and/or in any other medium, without the written permission of Angry 9 Ltd;
17.4 Any breach of clause 14.2 above or any other unauthorised use will be deemed a material breach of this agreement. Angry 9 Ltd shall be entitled to further licence fees dependent upon the manner of such unauthorised use but in any event such fees shall be at no lesser value than the original licence fees as set out in this agreement;
17.5 Angry 9 Ltd warrants that it owns or controls the copyright in the Items as listed on the Artwork schedule and that it has the authority to give the rights granted in this agreement;
17.6 Angry 9 Ltd confirms that it has obtained all necessary permissions, releases or clearances in relation to the Items. For the avoidance of doubt any rights granted by Angry 9, or any representations made by them in relation to copyright or other rights in the Items, are limited to the specific rights granted in this agreement. All other rights in the items are strictly reserved by Angry 9 and/or the copyright owners.
18.1 If any provision of this agreement is held by a court of any governmental agency or authority to be invalid, void or unenforceable, the remainder of the Agreement shall to the extent possibly remain legal, valid and enforceable.
19.1 The headings in this Agreement are for ease of reference only and shall not affect its interpretation or construction.
19.2 No forbearance, delay, indulgence by either party in enforcing its respective rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or any later breach.
19.3 The Customer agrees not to assign any of its rights herein without the prior written consent of Angry 9 Ltd.
19.4 Angry 9 Ltd may assign any and all of its rights and obligations hereunder on written notice to the Hiree to any Angry 9 Ltd Affiliate or any other person or entity that purchases all or substantially all the assets or business of Angry 9 Ltd.
19.5 Neither party shall be liable to the other for any delay in failure to perform its obligations hereunder (other than a payment of money) where such a delay or failure results from, but is not limited to Force Majeure, Act of God, fire, explosion, accident, industrial dispute or any cause beyond its reasonable control.
19.6 These terms and conditions shall be construed in accordance with English Law.
19.7 All parties agree that English law shall apply in the event of a dispute, and that they shall submit to the exclusive jurisdiction of the English Courts.
19.8 All data received by Angry 9 Ltd is held in accordance with the Data Protection Act 1998.