ProSound Rentals — Terms of Hire
These Terms of Hire (the "Agreement") set out the terms on which ProSound Rentals (the "Lender", "we", "us") hires equipment to any customer (the "Renter", "you"). This Agreement applies in full to every booking. The rental fee, security deposit, rental period, and collection and return dates for your booking are those shown to you during the booking process, and form part of this Agreement for that booking. Each booking is a separate contract under these terms, and the version of these terms presented to you for a booking governs that booking.
1. Definitions
1.1 "Property" means the equipment, and all associated cases, cables, accessories, and components, hired to the Renter under a booking.
1.2 "Rental Period" means the period from the agreed collection date and time to the agreed return date and time shown for the booking.
1.3 "Replacement Value" means the cost to the Lender of acquiring an equivalent item in equivalent condition to replace Property that is not returned, or that is damaged beyond economic repair.
2. The Property
2.1 We agree to hire to you the Property selected during your booking for the Rental Period.
2.2 The Property remains our sole property at all times. You acquire only the right to possess and use it for the Rental Period on these terms, and no ownership, title, or interest in the Property passes to you.
2.3 Unless otherwise agreed in writing, you are responsible for collecting the Property at the start of the Rental Period and returning it by the end of the Rental Period.
3. Term of Hire
3.1 The Rental Period is as shown for your booking. The maximum rental term is 6 months unless we agree otherwise in writing.
3.2 Any extension of the Rental Period must be agreed by us in writing before the original return date, and additional fees may apply.
4. Fees and Payment
4.1 The rental fee for your booking is the amount shown to you during the booking process and is payable in full before the Property is released, unless we agree a different schedule in writing.
4.2 Payment is made by the payment method used during booking. Where you pay by card, you authorise us to retain your card details and to charge the same card for any late fees, damage, cleaning, replacement costs, or other unpaid amounts properly due under this Agreement, on giving you reasonable prior notice of the charge and the reason for it.
4.3 Any amount not paid when due shall carry interest at 8% per annum above the Bank of England base rate, accruing daily from the due date until payment is made in full.
5. Security Deposit
5.1 You must pay the security deposit shown for your booking, or provide a card pre-authorisation for the same amount, before taking possession of the Property.
5.2 We will refund the deposit within 3 business days after the Property is returned, inspected, and confirmed to be complete and in good working order, less any deductions for damage, late return fees, cleaning, missing accessories, or other unpaid amounts due under this Agreement.
5.3 If the deductions exceed the deposit, you remain liable for the balance, which we may recover by charging the card on file under clause 4.2 or by other lawful means.
6. Use of the Property
6.1 You shall use the Property only for its intended purpose, and operate it carefully, correctly, and in accordance with any instructions or safety guidance we provide.
6.2 You shall not sublet, lend, sell, pledge, or otherwise transfer or part with possession of the Property to any third party without our prior written consent.
6.3 You shall not alter, modify, repair, or tamper with the Property, and shall not remove or obscure any identifying marks, labels, or serial numbers.
6.4 You shall keep the Property secure and protected from damage, loss, theft, and adverse conditions at all times during the Rental Period.
7. Collection, Return and Condition
7.1 The Property is supplied in good working order and complete with all accessories. You should inspect it on collection and notify us of any pre-existing fault or missing item immediately; otherwise it is deemed received in good and complete condition.
7.2 You shall return the Property clean, complete, and in the same condition as supplied, excepting fair wear and tear, by the end of the Rental Period.
7.3 The Property remains at your risk from collection until it has been returned to and accepted by us.
8. Late Return
If the Property is not returned by the end of the Rental Period:
8.1 a late fee equal to 100% of the daily rental rate for the Property applies for each day or part-day that the Property is overdue, reflecting the hire income we are unable to earn while the Property is unavailable for other bookings;
8.2 if the Property remains unreturned more than 48 hours after the agreed return time without our written agreement to extend, we may treat this as unauthorised retention of our Property. We may then notify you in writing of a final deadline for return and, if the Property is not returned by that deadline, pursue recovery of the Property and/or its Replacement Value, together with any costs (including legal and collection costs) reasonably incurred, in addition to accrued late fees; and
8.3 we reserve the right to charge the card on file under clause 4.2 for the Replacement Value of any Property not returned following the final deadline notice.
9. Damage, Loss and Theft
9.1 You are responsible for any damage to, loss of, or theft of the Property occurring during the Rental Period, other than fair wear and tear.
9.2 You shall notify us immediately of any damage, loss, or theft, and (in the case of theft) report it to the police and provide us with the crime reference number.
9.3 Your liability shall be assessed at our reasonable cost to repair the Property or, where repair is not economic or the Property is not returned, at its Replacement Value; together with reasonable loss-of-hire income for the period the Property is unavailable for other bookings as a direct result.
10. Inspection
10.1 We may inspect the Property at reasonable times during or after the Rental Period to check its use, condition, and maintenance, and you shall cooperate with any such inspection.
11. Insurance and Risk
11.1 You are responsible for the Property from collection until return and acceptance, and shall take reasonable care to protect it from damage, loss, and theft.
11.2 For any booking where the Property's Replacement Value exceeds £1,500, you shall hold, or obtain before collection, insurance covering accidental damage, loss, and theft of the Property, and shall provide evidence of that cover on request.
11.3 We are not responsible for any injury, loss, or damage arising from your use of the Property, except to the extent caused by our negligence or breach of this Agreement.
12. Indemnity
12.1 You shall indemnify us against all claims, losses, damages, costs, and expenses arising from your use, misuse, or possession of the Property, including any injury to persons or damage to third-party property, except to the extent caused by our negligence or breach of this Agreement.
13. Limitation of Liability
13.1 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be limited or excluded.
13.2 Subject to clause 13.1, our total liability to you arising out of or in connection with a booking shall not exceed the total rental fee paid for that booking, and we shall not be liable for any indirect or consequential loss, or for loss of profit, revenue, or opportunity.
13.3 This Agreement does not affect any rights you have as a consumer that cannot be excluded or limited by law.
14. Cancellation
14.1 If you cancel a booking, our cancellation terms are those shown to you during booking. We may retain a reasonable amount to cover costs and lost hire where cancellation is made close to the start of the Rental Period.
15. Termination
15.1 We may terminate a booking immediately if you breach any term of this Agreement. On termination you shall return the Property immediately at your own cost.
15.2 On termination for your breach, fees already paid for that booking are non-refundable, and we may recover the Property directly and charge you our reasonable recovery costs.
16. Governing Law and Jurisdiction
16.1 This Agreement, and any dispute or claim arising out of or in connection with it, is governed by the laws of England and Wales.
16.2 Any dispute shall be subject to resolution through arbitration or the courts of England and Wales.
17. General
17.1 This Agreement constitutes the entire agreement between the parties in respect of a booking and supersedes all prior agreements, whether written or oral, in respect of that booking.
17.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.3 No delay or failure by us to enforce any provision of this Agreement shall be a waiver of our right to do so.
17.4 We may update these Terms of Hire from time to time. The version presented to you for a booking is the version that applies to that booking.
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