Introduction

Terms & conditions documents: This document is issued by Peachy Productions Limited, to describe the terms and conditions of hire of the company’s Peachy Productions, events, and other performances, where provided without personnel – ‘event crew’

This document is the terms & conditions of dry hire in full, laying down the contractual agreement between Peachy Productions and the hirer. Please note that other documentation, such as quotations will include short interpretations and/or parts of these terms. In all cases, this document is the definitive terms & conditions of dry hire document and will take precedence over any other terms stated or implied elsewhere.

The latest version of this document can be found in PDF format on our website at http://www.peachyproductions.com

Definition of expressions used

"Hire" This expression refers to the arrangement to use equipment supplied by the company at an event. The period of hireunder these terms is usually one or more days and rates applied may be quoted as ‘the dry hire rate or ‘the daily rate’, or ‘the weekly rate’. These terms & conditions do not cover hire arrangements involving sound crew supplied by Peachy Productions (see the separate document ‘terms & conditions of hire’).

"Hirer" The person, company, department or other body who has ordered and/or accepted goods or services from Peachy Productions Limited.

"The equipment" All items of equipment and or services accepted by the hirer along with any other items and or servicesincluded or implied whether specified or not.

"Owner/The Company" Peachy Productions Limited

Provision of the equipment

1. Provision of the equipment Peachy Productions agrees to supply you with the equipment described in the hire schedule/quotation for the hire period, without the services of a technician.
2. Replacing defective equipment: Peachy Productions will supply all equipment in good working order, however, in the event of a defect; the liability of Peachy Productions will be limited to the repair or replacement of any defective equipment, at Peachy Productions discretion.
3. Peachy Productions property: Equipment remains the property of Peachy Productions at all times. In the event of a breach of any of these conditions, Peachy Productions may without prejudice to any other rights or remedies forthwith terminatethe arrangement and repossess all their equipment. Re-hire is not allowed by the hirer without advanced writtenpermission.

Principal exclusions:

1. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:
   1. Taxes including Value Added Tax (VAT)
   2. Equipment (other than shown in the hire schedule/quotation)
   3. Transportation of equipment and personnel, including freight and transport costs and storage of the equipment.Unless clearly stated otherwise, all equipment and sound crew services are quoted exclusive of delivery and collection. All equipment should be collected and returned here at the end of the hire period. Otherarrangements must be agreed in writing prior to the commencement of the hire contract.
   4. Insurance It is a condition of hire that the hirer takes out adequate insurance to cover the equipment hired. Peachy Productions will, at its sole discretion, charge the hirer for any equipment lost, stolen or damaged as described in Paragraphs 5 and 6 below (responsibilities of the hirer) whether or not this is covered by the insurance policy takenout by the hirer. Peachy Productions reserves the right to see evidence that the equipment is adequately covered by a suitable policy, prior to checking out the equipment. However, this does not reduce the liability of the hirer for uninsured losses.
   5. Carnet fees and other administrative costs associated with transportation of equipment outside of the UnitedKingdom.

If any of the above excluded items are provided or incurred by Peachy Productions as part of a hire, they will be charged to the hirer as extras to the hire agreement.

Responsibilities of the hirer:

1. The hirer assumes full responsibility for the equipment from the time of checking out until checking in to Peachy Productions. The hirer is responsible for the safe keeping of equipment and is liable for any loss or damage caused to the equipment during the period of hire. The hirer is responsible for providing suitable and adequate security arrangements for the safe keeping of the equipment during the period of hire. The hirer must take all necessary steps (at its own expense) to retain possession and control of the equipment and in the event of losing possession or control will take all necessary stepsto recover the equipment.
   1. Items of equipment are not to be used, and the hirer will not permit them to be used, for any purpose for which theyare not expressly designed.
   2. Equipment is not to be altered or modified in any way without the prior consent of Peachy Productions.
   3. Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express writtenconsent of Peachy Productions.
2. The cost of replacing or repairing the equipment will be borne in full by the hirer. Equipment lost, damaged or modified will becharged for at full hire rate until the loss is settled in full.
   1. Examples of loss/damage /modification include (but are not limited to) the following:
3. Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance)
4. Damage or loss caused by inadequate handling by third parties (including local crew)
5. Damage by adverse weather conditions including water damage
6. Loss due to theft on site or in transit
7. Loss or damage during transportation
8. Modifying cables by cutting and/or re-wiring plugs/sockets

1. Liabilities: Equipment is supplied on the understanding that it be competently installed and operated by the hirer. No liability will be accepted by Peachy Productions for any damage to persons or property whilst the equipment is on hire to the hirer.

1. Competent personnel: Where certain hire equipment requires specialist technical knowledge or training for the safe or effective installation and or operation, the hirer will be required to undertake that competent personnel are employed.Where such an undertaking cannot be made, at the sole discretion of Peachy Productions, a competent crew will besupplied by Peachy Productions and charged in addition to the hire rate. (At such point, Peachy Productions terms & conditions of hire will prevail, overriding these terms & conditions of dry hire).
2. Local licenses: The hirer is solely responsible for obtaining any license, qualification or other authority, which may be required for the safe and legal operation of the goods hired and agrees to abide by all legal guidelines relating to the installation and operation of the goods.
3. Sound pressure levels: High sound pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment provided by Peachy Productions can and does produce high enough sound pressure levels to cause hearing damage. Peachy Productions cannot accept liability for any individual's failure to stay at anappropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the hirer to ensure the safety, with regards to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

Hire periods, charges and payments:

1. Hire period: Hire charges are calculated from the date of collection / delivery to the date of return to Peachy Productions. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of equipment may vary from our rate card or as advertised on our website and cannot be guaranteed for periods ofextension.
2. Weekends & bank holidays: Where the hire start date or end date falls on a weekend or bank holiday, at the discretion of Peachy Productions, checking out may be done on the last working day prior to the hire start date and/or checking in maybe done on the first working day after the hire end date. Checking out or checking in may in some circumstances bearranged outside of normal operating hours.
3. Hire charges: Hire charges are based on daily rates, with the period of hire starting from the time of checking out byPeachy Productions at its Aldershot warehouse, to the time of checking in by Peachy Productions, within the normal operating hours of the company (09.00am and 6.00pm). Thus, a one-day hire assumes that goods checked out at anytime between 10.00am and 6.00pm are returned before 6.00pm on the following day.
4. Weekly hire: The normal weekly hire rate is a multiple of 3 times the daily rate. Goods checked out during operating hours on day 1, must be returned before 6.00 pm on the 7th day of hire, or a second week’s hire will be incurred.
5. Payments: Payments must be made in full with cleared funds prior to checking out, unless the hirer has set up an accountwith Peachy Productions, in which case payments will be made according to the terms of the account and as stated on theinvoice. Payments by credit card will incur a surcharge (currently this is levied at a rate of 2.5% for personal credit cards and3.0% for business credit cards).
6. Late payments: Where any discounts are offered or negotiated, any entitlement to discount will be forfeited if accounts are not paid by the due date. Furthermore, any accounts not paid by the due date will have an interest charge applied each month until payment is received in full. (The rate of interest is currently 2.5% per calendar month or part thereof – the rateapplied will be stated on the invoice).

1. Guarantees against equipment loss or late return: Non-account customers, (ie hirers who are required to pay for the rental in full prior to any hire) may be required to leave valid debit or credit card details with the Company as a payment guarantee in the event of a loss or late return. Card details must be valid at least up until the agreed hire finish date. Peachy Productions reserves the right to charge the hirer the full replacement cost relating to any loss of equipment. The hirer will have seven days to return any lost equipment before any charge is taken. If the equipment is returned within theseven days, a charge will be taken for the subsequent hire. The hirer accepts that such a charge will be taken in these circumstances and agrees to ensure that sufficient funds/credit limits are available on the submitted card. Please note that credit card payments will incur a surcharge (see 15 above).

General terms and provisions:

1. Contract of hire: The placing of an order for equipment by the hirer or the issuing of a sales invoice by Peachy constitutes a contract which binds the hirer to accept these conditions and our full terms and conditions of business.
2. Termination: Peachy Productions may terminate the hire contract under these terms and conditions, either immediately orat any time within three months after that by notice to the Hirer and no payment subsequently accepted by Peachy Productions without knowledge of such termination shall in any way prejudice or affect the operation of this clause if thehirer:
   1. fails to pay any Rentals or other sums payable under these conditions or under any other agreement between the Hirer and Peachy Productions, in full within 14 days of such sums becoming due (whether demanded or not)
   2. commits a breach of any of the other terms and conditions of the contract (whether express or implied
   3. does or causes to be done anything, which in the opinion of Peachy Productions may jeopardies Peachy’s rights in the equipment.
   4. is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired equipment, or against any premises where the equipment is, or against any of the hirer’s goods or other property, or the hirer permits any judgement against it to remain unsatisfied for seven days
   5. suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffersthe making of a statutory demand or the presentation of a petition for a bankruptcy order
   6. enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for theappointment of an Administrator under the provisions of Part II of the Insolvency Act, or is deemed by virtue ofSection 123 of the Insolvency Act to be unable to pay its debts.

1. Force majeure: Peachy Productions is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, or natural disasters.
2. English jurisdiction: All agreements, contracts and transactions entered into with Peachy Productions will be bound and governed by English Law. This document supersedes all previous terms and conditions of hire.