CONDITIONS OF HIRE

1.1 In these Conditions:-

1.1.1 “Contract” means a contract for the hire of Equipment concluded by the acceptance by Sparks Theatrical Hire of an order pursuant to Condition 2;

1.1.2 “Equipment” means the equipment described or any individual item thereof;

1.1.3 “Hire Charge” means the weekly charge payable by the Hirer to Sparks Theatrical Hire for the hire of Equipment, which is set out in the current Sparks Theatrical Hire catalogue;

1.1.4 “Hire Period” means a period starting on the date that Equipment is despatched to or collected by the Hirer and ending on the date on which the Equipment is returned to Sparks Theatrical Hire;

1.1.5 “Hirer” means the hirer of Equipment from Sparks Theatrical Hire;

1.1.6 “Sparks Theatrical Hire” means the company Sparks Theatrical Hire Limited;

1.2 The headings in these Conditions are for ease of reference only and shall not effect their interpretation.

2 ORDERS

2.1 Sparks Theatrical Hire shall only accept an order for hire of Equipment provided that it is in writing. Unless otherwise agreed, the written acceptance of the Hirer’s order by an authorised employee of Sparks Theatrical Hire shall constitute the Contract, which shall be subject to these conditions. Any terms or conditions in the Hirer’s order or other documentation of whatsoever kind which are inconsistent with these Conditions shall have no effect.

3 HIRE OF EQUIPMENT

3.1 Sparks Theatrical Hire hereby hires to the Hirer the Equipment for the Hire Period at the Hire Charge.

3.2 Sparks Theatrical Hire reserves the right to supply equipment of a similar design to the Equipment.

3.3 All descriptions and specification, drawings and particulars of weights and dimensions issued by Sparks Theatrical Hire are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, Sparks Theatrical Hire reserves the right to change specifications without notice.

4 HIRE CHARGE

4.1 The Hirer shall pay to Sparks Theatrical Hire either in advance or on a weekly basis a sum calculated by multiplying the appropriate Hire Charge for the Equipment by the Hire Period for such items

of Equipment. All hire charges are strictly nett and are due and payable on invoice submitted within 14 days. Charges run from day of dispatch until day of return and are based on a period of one week or part thereof irrespective of whether the goods are in use or not. A period of two days grace is normally given on collection and deliveries (i.e. collection Friday: return Monday).

4.2 The Hirer shall pay to Sparks Theatrical Hire any packing and delivery charges where appropriate.

4.3 All sums due from the Hirer to Sparks Theatrical Hire thereunder shall be increased to include VAT at the current rate.

4.4 The Hirer shall pay Sparks Theatrical Hire’s invoices thereunder within 14 days of the date of invoice. Time shall be of the essence in respect of the payment ot all sums due thereunder.

4.5 Sparks Theatrical Hire reserve the right to charge the Hirer interest at the rate of 3% per annum above the mean base rate for the time being of the London Clearing Banks on all invoices which are not paid in accordance with Condition 4.4 such interest being calculated from a date 30 days after the date of invoice until actual payment compounded quarterly and to be payable as well after as before any judgement obtained in respect thereof.

5 DELIVERY

5.1 Any dates and times quoted for delivery of the equipment are approximate only and Sparks Theatrical Hire shall not be liable for any delay in delivery of the Equipment howsoever caused.

5.2 The Hirer shall conduct a reasonable inspection if the Equipment upon receipt. If such inspection reveals that the Equipment is damaged, or that some of the Equipment is damaged, or that some of the Equipment has been lost, the Hirer shall notify Sparks Theatrical Hire and the carrier in writing within 2 days of the date of receipt. Damaged Equipment may be retained by the Hirer for inspection by the carrier provided that it shall be returned to Sparks Theatrical Hire on demand. If the Hirer fails to notify Sparks Theatrical Hire and the carrier in accordance with this Condition, or to return the equipment on demand, the Hirer shall pay to Sparks Theatrical Hire the full cost of repair or replacement of the Equipment or full hire rate until returned.

5.3 For Hirers collecting and returning Equipment, Sparks Theatrical Hire’s normal working hours are Monday to Friday 10am - 7pm. (Answer Phone outside those hours.)

6 USE OF EQUIPMENT

6.1 The Hirer shall ensure that the Equipment is installed and used by competent and qualified personnel in a manner which complies with any applicable statute, regulation or order from time to time in force affecting the Equipment including but not limited to the Health and Safety at Work etc. Act 1974 and any statutory amendment or replacement of it.

6.2 The Hirer shall at its expense keep the Equipment in good repair, condition and working order, fair wear and rear excepted. Without prejudice to the generality of the foregoing, the Hirer shall on a

very regular basis and certainly every week:-

6.2.1 Inspect, test and clean the Equipment;

6.2.2 Check and maintain wiring to and fixing and rigging of the equipment.

6.3 The Hirer shall not without the prior written consent of Sparks Theatrical Hire make any modification or alteration to the Equipment, or take the Equipment outside mainland Great Britain.

6.4 The Hirer shall allow Sparks Theatrical Hire to inspect the Equipment upon request during Sparks Theatrical Hire’s normal working hours.

6.5 The Hirer shall return all faulty lamps to Sparks Theatrical Hire. The replacement cost of the lamps will be charged to the Hirer if they are not returned.

7 OWNERSHIP

7.1 The Equipment shall at all times remain the property of Sparks Theatrical Hire and the Hirer shall have no rights to the Equipment other than as hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of Sparks Theatrical Hire in respect of the Equipment are or may be prejudicially affected.

8 LOSS, DAMAGE AND INSURANCE

8.1 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 Sparks Theatrical Hire or its agent to carry out such work at the Hirer’s expense.

8.2 The Hirer shall during the Hire Period (without prejudice to the liability of the Hirer to the Owner pursuant to Condition 8.1) keep the Equipment insured for its full replacement value with a reputable insurance company against loss or damage from all risks (including third party risks). The Hirer shall notify its insurers that the Equipment is on hire from Sparks Theatrical Hire and request the insurers to endorse a note of such interest on the policy, naming Sparks Theatrical Hire as loss payee. The Hirer shall on demand show to Sparks Theatrical Hire the policy, the 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 the said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.

8.3 Where any event or accident shall occur which is a risk covered  by the Hirer’s insurance thereunder, the Hirer shall immediately notify Sparks Theatrical Hire thereof. The Hirer shall hold any monies received by the same as Sparks Theatrical Hire directs.

9 HIRER’S INDEMNITIES

9.1 The Hirer shall be solely responsible for and hold Sparks Theatrical Hire fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Sparks Theatrical Hire as a result of any accident involving the Equipment.

9.2 The Hirer shall be solely responsible for and hold Sparks Theatrical Hire fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, cost and expenses which may be brought against or incurred by Sparks Theatrical Hire as a result of any breach or default on the part of the Hirer in the discharge of its obligations under any Contract.

10 LIMITATIONS OF LIABILITY

10.1 Sparks Theatrical Hire’s liability for direct physical damage to tangible property of the Hirer caused by the negligence of Sparks Theatrical Hire, its employees agents or sub-contracts, or by breach of any Contract, shall not exceed £500,000 subject to the exclusions set out in Condition 10.2

10.2 Sparks Theatrical Hire shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of Sparks Theatrical Hire:-

10.2.1 loss of profits, business, revenue, goodwill or anticipated savings whether sustained by The Hirer or any other person; or

10.2.2 special, indirect or consequential loss other than direct physical damage to tangible property of The Hirer or any other person; or

10.2.3 any loss arising from any claim made against Sparks Theatrical Hire by any other person.

11 TERMINATION

11.1 Sparks Theatrical Hire shall have the right to terminate a Contract forthwith by giving notice in writing if The Hirer :-

11.1.1 fails to make payment of any sum in accordance with Condition 4; or

11.1.2 shall commit any other material breach of its obligations thereunder and shall not within 14 days of notice of such breach remedy the same; or

11.1.3 shall enter into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction without insolvency or shall compound or make any arrangement with

its creditors or shall be the subject of an application for an administration order or shall be subject of any proposal under Part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts.

12 CONSEQUENCES OF TERMINATION

12.1 Any termination of a Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party.

12.2 On termination of a Contract (howsoever occasioned) the Hirer shall no longer be in possession of the Equipment with Sparks Theatrical Hire’s consent and shall unless otherwise agreed with Sparks Theatrical Hire forthwith return the Equipment to Sparks Theatrical Hire in good working order.

13 FORCE MAJEURE

13.1 Although Sparks Theatrical Hire shall use all reasonable endeavours to discharge its obligations under a contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.

14 GENERAL

14.1 No neglect, delay or indulgence by Sparks Theatrical Hire in enforcing a Contract shall prejudice the rights of Sparks Theatrical Hire or be construed as a waiver.

14.2 The Hirer hereby waives all and any future claims and rights to set off against any sums due to Sparks Theatrical Hire thereunder regardless of any equity, set off or counter-claim on the part of the Hirer against Sparks Theatrical Hire.

14.3 Any notice thereunder shall be  in writing and may be served by sending it by pre-paid first class letter post or delivery if (in the case of a limited company) to the address stated herein, and in any other case, to the last known address of the addressee. In proving service of any  notice it shall be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effective at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed to be effective from the  date of such delivery.

14.4 The Hirer shall not assign or otherwise transfer all or any part of a Contract.

14.5 The formation, construction and performance of all Contracts shall be governed in all respect by English law. The parties hereby agree to submit to the exclusive jurisdiction of the English Courts.

Sparks Theatrical Hire Ltd - 020 7237 2872 Unit 4, Cannon Wharf Business Centre, Surrey Quays, London SE8 5RT