This contract is made between the AV Supplier forthwith known as “AVS” and the person named in the booking forthwith known as “the hirer”.
The hirer is the person named on the booking, and declares that he/she is over eighteen years of age and is legally entitled to enter into this agreement on their own behalf. If the hirer is entering into this agreement on behalf of another individual or on behalf of a company/organization/charity they declare that they have the full authority to do so.
The hirer must provide a form of identification in order to hire equipment, we require a valid passport or ID and proof confirming the hirer’s address. This can be utility bills, bank statements or governmental documents. If the hire is over €1,000.- new value for DJ equipment we also require the hirer’s passport for the duration of the hire – please see article 12.17 for further details.
For businesses, the hirer must provide a copy of the hirer’s business letter headed paper which contains the registered company number and full registered company address as well as an excerpt of the Chamber of Commerce.
AVS’s equipment is used at the hirer’s own risk. Accordingly, AVS cannot be held responsible for any damages, including damages to persons operating or in the vicinity of equipment, mechanical, software and/or electrical or loss of material and/or performance which result from mechanical, electrical and/or software failure.
Where a hirer has terms and conditions covering purchasing and hiring that conflict with AVS’s Terms & Conditions of Hire then AVS’s Terms & Conditions of Hire shall take precedence unless specifically agreed in writing by a Director of AVS prior to the hire date.
The hirer must hold their own valid insurance to cover the terms of hire. AVS can ask for evidence but is allowed to tacitly assume that the hirer is fully ensured for the hired equipment and services.
Any hirer who contravenes this contract in any way may, at the discretion of a director of AVS, be excluded from entering into future contracts for the hire of equipment and services.
The terms above and the contract to which this document relates, shall in all respects be construed and operate in accordance with Dutch Law even if the agreement is fully or partially implemented abroad. The applicability of the Vienna Sales Convention is excluded.
AVS reserves the right to change these Terms & Conditions of Hire at any time, and without prior notice.
Article 2 – Acceptance of Terms
By hiring equipment or services from AVS, the hirer automatically signifies their unconditional acceptance in whole of AVS’s terms as set out in these Terms & Conditions of Hire.
By providing the information required on the booking form, paying or making a deposit or showing their acceptance to hire equipment or services by phone, written or electronic communication, the hirer agrees to be bound unconditionally by AVS’s Terms & Conditions of Hire.
Article 3 – Cancellation of Hire
Without prejudice to any other rights or remedy in the event of cancellation of any order by the hirer AVS reserves the right to make a cancellation charge as stipulated in articles 3.2, 3.3, 3.4 and 3.5.
When the hirer wishes to cancel; the hirer will be charged €25.- excl. VAT administration fees.
Cancellation in less than 30 days but more than 14 days prior to the first hire date will result in a 50% charge of the total sum.
Cancellation in less than 14 days prior to the first hire date will result in the full fee being due. Additional administration costs as mentioned in article 3.2, will be forfeited.
All deposits paid to AVS to secure a booking are non-refundable.
Article 4 – The Equipment
All equipment hired remains, at all times, the property of AVS.
All equipment must be used for the purpose for which it was intended by the manufacturer.
Notification of equipment travelling outside the Netherlands, must be agreed in writing by a Director of AVS at the time of booking.
AVS reserves the right to inspect all hired equipment at any time during the hire period.
The hirer must not hire, sub-hire, part with possession of or otherwise deal with the equipment or any part of it.
The hirer is fully responsible for the hired equipment during the whole hire period from the time of collection to the return to AVS.
The hirer is not allowed to modify, service or repair the equipment unless expressly agreed to in writing by a director of AVS. Any modification, service or repair must only be carried out by AVS or its authorized representative.
Article 5 – Collection of Equipment by Hirer
The hirer must provide proof of ID and the credit card used to secure the booking when collecting equipment from AVS.
If the hirer is unable to provide the original credit card used to secure the booking, AVS reserves the right to refuse release of equipment.
AVS cannot be held responsible for equipment being unavailable if the hirer is unable to provide the credit card used to secure the booking.
It is the hirer’s responsibility to check the equipment thoroughly before leaving the AVS premises. Any faults or missing items must be reported to AVS before leaving the premises. AVS cannot be held responsible for missing items or equipment faults reported after the hirer has left the AVS premises.
Article 6 – Transportation of Equipment by AVS
AVS will deliver and collect equipment at times agreed with the hirer.
The hirer must provide AVS with all necessary site information prior to delivery/collection including; access times, parking arrangements, and any other site specific information.
It is the hirer’s responsibility to ensure that the site is accessible and available at the agreed times for delivery/collection of equipment.
If AVS is unable to deliver/collect equipment due to site restrictions or access issues, the hirer will still be liable for the full cost of hire.
Article 7 – Transportation
All hired equipment is transported at the hirer’s own risk.
AVS will not be held responsible for any damages caused during transportation of hired equipment.
The hirer must ensure that all equipment is securely fastened and transported in a safe and legal manner.
If equipment is lost or damaged during transportation, the hirer will be liable for the full cost of repair/replacement.
Article 8 – Participation Site / Customer
The hirer must ensure that all necessary site permissions and permits are obtained prior to hiring equipment from AVS.
The hirer must ensure that all site regulations and restrictions are adhered to during the hire period.
AVS will not be held responsible for any fines or penalties incurred due to the hirer’s failure to obtain necessary permissions or adhere to site regulations.
Article 9 – Returning the Equipment
All hired equipment must be returned to AVS at the agreed time and date specified on the booking confirmation.
If the hirer wishes to extend the hire period, they must obtain written permission from AVS prior to the agreed return date.
If hired equipment is returned late, the hirer will be charged an additional fee as stipulated in AVS’s Terms & Conditions of Hire.
All hired equipment must be returned in the same condition as it was received, fair wear and tear accepted.
Article 10 – Liability
The hirer is fully responsible for the hired equipment from the time of collection to the return to AVS.
The hirer is liable for any loss or damage to hired equipment during the hire period.
The hirer will be charged the full cost of repair/replacement for any lost or damaged equipment.
The hirer is responsible for the safekeeping and security of hired equipment during the hire period.
The hirer must ensure that all equipment is used in accordance with manufacturer’s instructions and guidelines.
Article 11 – Force majeure
AVS will not be held responsible for any failure or delay in performing its obligations under this contract due to circumstances beyond its reasonable control.
Such circumstances include, but are not limited to, acts of God, war, terrorism, government regulations, natural disasters, strikes, and power failures.
If AVS is unable to perform its obligations due to force majeure, the contract will be suspended for the duration of the force majeure event.
Article 12 – Payment, Deposits & Quotes.
All hire charges must be paid in full prior to the commencement of the hire period unless otherwise agreed in writing by AVS.
A deposit may be required to secure a booking, the amount of which will be specified on the booking confirmation.
Deposits are non-refundable unless otherwise agreed in writing by AVS.
The hirer will be liable for any loss or damage to hired equipment up to the value of the deposit paid.
All quotes provided by AVS are valid for 30 days from the date of issue unless otherwise stated.
Article 13 – Account Holders
AVS may offer account facilities to eligible customers subject to approval.
Account holders must adhere to the terms and conditions of their account agreement with AVS.
AVS reserves the right to suspend or close an account at any time without prior notice.
Account holders are responsible for all charges incurred on their account including hire charges, damages, and late fees.
Article 14 – Penalties
AVS reserves the right to impose penalties for breaches of contract or failure to comply with its terms and conditions.
Penalties may include but are not limited to, additional charges, suspension of account facilities, and legal action.
The amount of any penalty imposed will be determined by AVS at its sole discretion.
All penalties imposed by AVS will be payable immediately upon notification.
