The Customer/Lessee agrees to comply with the following terms and conditions when renting any equipment from ACE Bros, the company.
Please note that we do not currently accept orders from outside the EU.
1.1 In these Conditions the headings are included only to help you read them and they have no effect on how the Conditions are constructed or interpreted;
1.2 In these Conditionsthe following terms have the following meanings:
“Conditions” the terms and conditions of sale set out in this document;
“Contract” any agreement between us and you for the sale and purchase of the Goods incorporating these Conditions;
“The Company” / “We”/”Our”/”Us” refers toAce Bros, the leaser and owner of the Goods available for hire;
“Goods” the Goods which we are to supply to you as agreed in the Contract;
“Order” the order that you make with us for the hire of the Goods;
“Website” our website located at the URL: www.acebros.co.ukand any other sub-domains of the website and any other websites operated by us;
“You”/”Your”/”Lessee”the customer who agrees to purchase the Goods from us and comply with the Conditions whose details are set out on the Order;
“Working days” all days other than Saturdays, Sundays and English public holidays;
“In writing” or “Written” means by post, fax, text or email;
“Include”, “Includes”, “Including” and “Included” will be construed without limitation unless inconsistent with the context;
“Clause” any reference to a clause means a clause in these Conditions.
2.1 These Terms & Conditions apply to the hire of any goods from the Company.
2.2 These Terms & Conditions are the only conditions upon which the Company is prepared to deal with the customer and they shall govern each order for goods by the lessee from the Company to the entire exclusion of all other terms or conditions (including any terms or conditions which the lessee purports to apply under any purchase order, confirmation of order, specification or other document).
2.3 These Terms & Conditions can be amended from time to time by the Company at the Company’s sole discretion. Please check the website for updates, amendments and additions to these Conditions.
3.1 Our listed hire rates are published as a guide only, and may be revised prior to any hire agreement.
3.2 The Customer agrees to the rates stated at the time of booking. ALL SALES ARE FINAL UPON RECEIPT OF PRODUCT(S).
3.3 All rentals must be paid for in full within 72hrs of equipment hire booking unless otherwise agreed. Accepted forms of payment include: cash, cashiers cheque, company cheque, personal cheque and electronic bank transfer.
3.4 Late payment may delay or prevent delivery, and also give rise to additional administrative charges.
3.5 Payments that are outstanding will be transferred to our accounts collection department.
3.6 Should the Company agree to a later payment date it will be up to a maximum of 30 days from receipt of the goods. Our agreement will be given in writing.
3.7 The Company reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.
3.8 If payment is not made in accordance with this Condition, the Company reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer.
3.9 Late payment from agreed dates up to 30 days will incur an additional 8% fee. An additional 8% of the full project invoice balance will be added every 30 days that payment hasn’t been received by ACE Bros.
3.10 Each overdue invoice up to the value of £999.99 will attract a late payment compensation fee of £40.
3.11 Each overdue invoice from the value of £1000 up to the value of £9,999.99 will attract a late payment compensation fee of £70.
3.12 Each overdue invoice over the value of £10,000 will attract a late payment compensation fee of £100.
3.13 Administrative charges are at £25 per hour or part thereof.
3.14 If the invoice for the full amount plus additional late payment fees remains unpaid after 120 days then ACE Bros reserve the right to gain legal advice with regards to debt recovery.
3.15 In the event of any cheques, standing orders or direct debits due from a Customer to the Company being dishonoured, a charge of £45 (or such other sum as the Company may from time to time advise the Customer) will be made on the Customer’s account to cover bank and administrative costs.
3.16 The Company reserves the right in its absolute discretion to refuse to grant credit.
3.17 The Company may, at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
3.18 Any item(s) returned to ACE Bros after the agreed upon “return by date/time” as stated on the agreement will incur an additional daily charge for each 24 hour period thereafter.
3.19 Failure to return rental equipment per contract terms will result in charging at normal rental rates.
3.20 Having placed an order with us, you are liable to pay any fees due according to the terms stated.
4.1 If we haven’t met you before, we will need proof of your identity and address. Minimum requirement; 1x Photo ID and 2x Proof of address.
4.2 We do not hire to minors.
4.3 On delivery it is the responsibility of the lessee or his to authorised representative to accept the ordered goods and give a signed receipt for such goods. Should the lessee not provide for this he will not be permitted to dispute the facts of delivery etc.
5.1 The period of hire shall commence at the time when the goods are delivered to the lessee in the manner and to the person, destination or site indicated by the lessee in the order.
5.2 All equipment must be returned or made available for collection at or before the time agreed.
5.3 Extension of rental period must be confirmed by 3:00 PM of the last original rental day to insure availability of equipment.
5.4 For each day or part day hired equipment remains outstanding, you may otherwise be charged the daily hire rate for each outstanding item, or the sum of direct and consequential losses attributable to its late return.
6.1 All hired equipment remains the property of ACE Bros. A lessee may not sell, lease, lend, sub-hire, modify or dispose any or all of the equipment.
6.2 The goods are hired out by the Company on loan to the lessee. Under no circumstances, shall the customer deem the goods sold, or for sale to, or the property of the lessee, unless otherwise specified in writing by the Company.
6.3 Where equipment is purchased by a customer, ownership does not pass to the customer until full cleared payment has been received by the Company.
7.1 When cancelling on an agreed lease;
7.2 In the unprecedented event that we cannot fulfil an engagement, our liability is limited to the cost of arranging alternative hire, subject to a maximum of the fee we have agreed with the lessee.
7.3 We cannot accept liability for any other direct or consequential losses. Our liability is also limited by giving you notice, in the same proportion and applying the same periods we apply to your liability to us (see above), and by force majeure.
7.4 Due to the unique nature of our business, we are unable to make exceptions to this policy, including, but not limited to, the cancellation of your event for any reason whatsoever.
8.1 Nothing in these Terms & Conditions shall operate to exclude or limit the Company’s liability for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
8.2 The lessee agrees that the Company will not be liable for any loss (including, without limitation, loss of profits, revenue, contracts, business, anticipated savings, goodwill, reputation, or any indirect or consequential losses), claims, costs, damages, charges or expenses arising out of or in connection with the use or otherwise of any item hired by the customer from the Company.
8.3 The lessee is responsible for loss, theft or damage from any cause whatsoever incurred while in possession of any rental equipment during the term of this contract.
8.4 The lessee authorizes ACE Bros to charge for loss or any/all damages. The customer will be billed for repairs or replacement, including parts and accessories. Damage also includes marking or labelling of rental equipment.
8.5 It is understood and agreed that the lessee understands and knows how to operate equipment and is responsible for notifying the Company during the rental period of any equipment malfunctioning or related operational problems to be considered for any price adjustment.
8.6 We will not be liable for any failure to supply a product or service where that failure is wholly caused by an event beyond our control that we could not reasonably anticipate, forestall or prevent. This may include acts of war, terrorism, extreme weather conditions, or natural disasters. Where any public authority advises that only essential journeys should be undertaken, any product or service we supply shall not be considered essential.
Health & Safety warning – HIGH SOUND PRESSURE LEVELS (HSP) CAN CAUSE PERMANENT HEARING DAMAGE
9.1 Our loudspeaker systems are capable of producing very high sound pressure levels (HSP). High volume may be necessary to match on-stage instruments, or to project adequate levels to distant points in a large arena. Anyone using or operating our equipment may set levels that exceed HSE guidelines (either locally, or throughout the arena).
9.2 Repeated exposure to HSP can have a cumulative effect on your hearing. It is a lessee’s responsibility to ensure that anyone who may be affected takes any necessary steps to protect their own hearing (whether by limiting exposure time, staying at a greater distance from loudspeakers, using ear-plugs or defenders, or employing some combination of these or other appropriate measures). You may therefore wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.
9.3 The risk of feedback is inherent in monitor systems, which is also a potential cause of hearing damage.
9.4 Anyone entering or remaining in the performance area while monitors are in use does so at their own risk.
10.1 All our equipment is of professional standard, well-maintained, regularly serviced and tested.
10.2 All our equipment is checked before being supplied and is welcome to inspection by the lessee.
10.3 The Goods are provided to the lessee “as is” and without warranty of any kind, whether express or implied, written or oral. The Company disclaims, to the fullest extent permitted by law, all warranties, whether express or implied, written or oral, with respect to the Goods, including any warranty of fitness for a particular purpose.
10.4 The lessee undertakes to keep the hired Goods in good condition and to return all of the hired Goods to the Company in the same order and condition in which they were supplied by the Company.
10.5 Where equipment is used without our supervision, we check the condition and operation of all items before they leave us. On accepting delivery you agree that an item is in good condition and fully operational.
11.1 It is a lessee’s responsibility to ensure hired equipment is suitable for the purpose, and is used safely and legally.
11.2 Anyone appointed to operate or supervise equipment must be competent to do so (and must have received any appropriate training where required by circumstance or law).
11.3 Equipment may only be used within manufacturer guidelines. Manuals are available on request.
11.4 Loudspeaker controllers are supplied correctly configured, and may not be adjusted or bypassed.
11.5 Any misuse of hired equipment by a lessee or an appointee entitles ACE Bros to its immediate recovery without notice or penalty, and may result in further action if it has been tampered with or damaged.
12.1 The lessee shall be held responsible for Goods lost, damaged, destroyed or stolen during the period of hire, whether or not through the fault or negligence of the customer.
12.2 Goods lost, damaged, destroyed or stolen will result in a charge to the lessee’s account at the current replacement value. Damaged equipment will incur repair charges.
12.3 We cannot accept responsibility for crowd control or for the safety or security of any customer’s or third-party’s premises, and unless it arises from our own actions or negligence the lessee is liable to the Company for the whole cost of any damage to or theft or loss of our equipment at the event site (including that resulting from any third party’s use of our equipment).
13.1 No service, repair, or non-user adjustment (as determined by the manufacturer) may be attempted without the prior express consent of the Company.
13.2 Where user-replaceable parts (e.g. fuses or lamps) are fitted by a lessee, only manufacturer specified replacements may be used. Removal of covers or cover screws in all cases invalidates the manufacturer’s warranty, and a lessee is liable for the full cost of replacing equipment where evidence of such tampering is found.
14.1 All equipment we supply is electrically safe, fully operational, and in good condition. Our own technicians carry spare fuses and basic repair tools if a minor fault were to arise.
14.2 Catastrophic equipment failure is unusual and unlikely however, we cannot accept liability for any direct or consequential losses arising from equipment failure.
15.1 It is the lessee’s responsibility to ensure provision of a safe 230 volt AC power supply, provided from standard 13-amp sockets (or, by prior arrangement, 16-amp, 32-amp or 63-amp single-phase 230V Ceeform sockets). Where portable generators are used, these must be regulated and adequately grounded. Where these Conditions and provisions are not met, WE DO NOT CONSENT TO THE USE OF OUR EQUIPMENT.
15.2 If you are unsure about the locations power supply inform the Company and we will work together to ensure a safe electrical supply. PAT testing is available through ACE Bros.
16.1 It is the lessee’s responsibility to ensure that any other electrical equipment used in combination with ours is functionally and electrically safe. Where these Conditions and provisions are not met, WE DO NOT CONSENT TO THE USE OF OUR EQUIPMENT.
16.2 Where inspection or test records are not available, the presumption will be that equipment is unsafe.
17.1 The equipment we provide may not always be exactly as specified (although it will be equivalent to or better than the equipment specified). If it is essential to you that a particular item is exactly as specified, please confirm this with us before you agree a hiring.
18.1 We will use our best efforts to deliver/collect the Goods at the address specified by the lessee on the Order (“Delivery/Collection Address”), providing there is a safe and suitable route of access. For security reasons on your first Order with us, the Delivery/Collection Address must be the lessee’s billing address or a registered work address. We are unable to deliver/collect from PO Box or BFPO addresses.
18.2. Suitable parking/access is the responsibility of the lessee. Where suitable parking is not provided, any parking charges or penalties incurred will be charged to the lessee with the addition of a 10% administration charge. If the distance from the vehicle loading point to the performance area is greater than 10 metres, or if there are stairways between loading point and performance area, please notify us, as charges (as well as loading times) may be affected.
18.3 We will notify the lessee in writing when the Goods will be delivered.
18.4 Unless otherwise agreed, delivery will not be made until we have received the price in full cleared funds.
18.5 We may deliver and/or collect the Goods in installments in which case each installment shall be treated as an entirely separate contract and any default or breach by us in respect of one installment shall not affect the other installments. Requesting the delivery of Goods in installments may incur additional delivery/collection costs.
18.6 Upon delivery of the Goods, the lessee or an authorized representative must sign to prove that the Goods have been received as agreed. If this condition cannot be met we are unable to hand the Goods over.
18.7 If the lessee or an authorized representative is unable to take delivery of the Goods on the date notified by us, we shall postpone delivery until you are able to accept delivery and we reserve the right to charge you for any costs incurred by us and/or our carriers as a result of such postponement. If we are unable to agree an alternative delivery date with you, you will be required to provide us with an alternative delivery address at which we can make delivery on the notified delivery date.
18.8 Upon collection of the Goods, the lessee or an authorized representative must be present to agree that the Goods hired are returned to the Company in the same order and condition in which they were supplied by the Company. The Goods are not to be moved to another address they are to be kept at the delivered address in a safe and secure location. While the goods are still in the lessee’s possession the lessee is liable for any theft, faults, loss or damage to the Goods.
18.9 If the lessee or an authorized representative is unable to attend the collection of the Goods on the date agreed by both parties, the lessee must be contactable by phone on the agreed collection day and time to accept our report of any theft, faults, loss or damage to the Goods.
18.10 Delivery includes the unloading of the Goods at the Delivery Address and set up within the Delivery Address The setup time is limited to a 30 minute period and any additional time will incur charges unless otherwise agreed.
18.11 Collection is removal of the Goods from the agreed Delivery/Collection Address. The disassembling (pack-up) is included and limited to a 30 minute period and any additional time will incur charges unless otherwise agreed.
18.12 We have security check processes in place with regards to where we will deliver goods. If for some reason you fail this security check, we reserve our right to cancel your Order and refund any monies paid.
19.1 Without prejudice to any of its other rights or remedies, the Company shall have the right at any time by giving notice in writing to the lessee to terminate any order forthwith if:
20.1 This Website is for general information purposes only and is offered as a free service to the User. The information is provided by the Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
20.2 Your use of the Website is subject to these terms, conditions and notices of use. Your use of the Website constitutes agreement by you to all of these terms and conditions.
20.3 The Company reserves the right to change the terms, conditions and notices under which the Website is offered.
20.4 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of, or in connection with, the use of this Website.
20.5 Every effort is made to keep the Website up and running smoothly. However the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
20.6 All original audio, code, design, graphics, logo’s, images, text and any other original content on the Website are copyright of ACE Bros unless indicated otherwise.
20.7 This Website may have links to other websites which are not under the control of ACE Bros. We have no control over the nature, content and availability of those sites.
20.8 The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them, give any warranty on, or have any association with any other sites (or their contents or operators) unless expressly stated.
20.9 All trademarks and images are the property of their respective owners and are used for reference purposes only.
20.10 Product images represented on this site are for illustrative purposes only and may vary from the actual product. We have made every effort to display the colours and products accurately. We cannot guarantee that your computer’s display of the colours accurately reflect the colour of our items available for hire. Images depicting content of a similar nature as that of the products we hire may be used on this site and are not an indication of the products we hire.
20.11 These terms are governed by English law. In using the Website/Services you consent to the jurisdiction of the English Courts in all disputes arising out of, or relating to, the Website. However, the Company may enforce this in any competent jurisdiction.
20.12 If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Conditions which shall remain in full force and effect.
20.13 The validity, construction and performance of these Terms & Conditions (and any claim, dispute or matter arising under or in connection with them or their enforceability) shall be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these Conditions or their enforceability.
20.14 E-mails are confidential to the intended recipient, as are any attachments. If you are not the intended recipient, do not copy, disclose or use the information in any way or act in reliance on it, and notify the sender immediately, then delete it from your system.
20.15 The Company accepts no liability (to the fullest extent permitted by law) for opinions, conclusions and other information in this message which do not relate to the official business of the Company. Neither the Company nor the sender accepts any responsibility for viruses and it is your responsibility to scan E-mail’s and any attachments for viruses.
20.16 Please note that the Company reserves the right to monitor e-mails sent or received.
20.17 The Company does not except service of legal documents via e-mail.
21.1 Other terms and conditions may apply to any agreement the lessee has with us (whether or not they form part of any written statement), and the above terms do not apply exclusively. Any variation to these Conditions must be specifically agreed by the Company in writing and signed by the lessee or an authorised representative of the lessee and the Company. These terms take priority over any agreement where no other written statement exists.
21.2 Except in so far as these Terms & Conditions expressly provide that a third party may in his own right enforce a term of these Conditions, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
22.1 If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Conditions which shall remain in full force and effect.
22.2 The validity, construction and performance of these Terms & Conditions (and any claim, dispute or matter arising under or in connection with them or their enforceability) shall be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these Conditions or their enforceability.
Thank you for your interest in ACE Bros ‘the strongest hand‘ in Audio, Visual and Event Equipment Hire