Supplying Equipment and/or Services.

1. Interpretation

1.1. In these terms and conditions the following expressions shall be given the following meanings (unless the context otherwise requires):-:

1.2. A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3. The headings in these Terms are for convenience only and shall not affect their interpretation

2. Basis of the Rental

2.1. Shoreditch AV shall let and the Hirer shall lease the Equipment in accordance with the Order Confirmation, subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made, by the Hirer. No terms or conditions endorsed upon, annexed to or enclosed with any enquiry, purchase order or other document of or submitted by the Hirer shall govern the Contract.

2.2. Shoreditch AV employees or agents are not authorised to make any representations concerning the Equipment unless confirmed by Shoreditch AV in Writing. In entering into the Contract the Hirer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.3. Any advice or recommendation given by Shoreditch AV or its employees or agents to the Hirer or its employees or agents as to the storage, application or use of the Equipment which is not confirmed in Writing by Shoreditch AV is followed or acted upon entirely at the Hirer’s own risk, and accordingly Shoreditch AV shall not be liable for any such advice or recommendation which is not so confirmed.

3. Order Acceptance

3.1. The Quotation submitted by Shoreditch AV shall not bind Shoreditch AV and such Quotation shall serve only as invitations for the Hirer to place an order.

3.2. No order submitted by the Hirer shall be deemed to be accepted by Shoreditch AV unless and until confirmed in Writing by Shoreditch AV through the Order Confirmation.

3.3. The Hirer agrees that it is the Hirer’s responsibility to ensure that the Equipment as ordered is, if necessary, compatible with existing installations, and is suitable for all the Hirer’s requirements.

4. Rental Period and Quiet Enjoyment

4.1. The Contract shall be for the Hire Term. Any extension to the Hire Term will require Shoreditch AV to issue a further Order Confirmation to the Hirer provided that Shoreditch AV reserve the right (at its sole discretion) not to accept an extension to the Contract.

4.2. So long as the Hirer is neither in default in the payment of any sum of money payable under the Contract nor is in breach of any of the covenants on its part to perform in these Terms, the Hirer may peaceably hold and enjoy quiet possession of the Equipment for the Hire Term.

5. Hirer’s Covenants

The Hirer (and if the Hirer comprises more than one person, jointly and severally) agrees:
5.1. Payment
5.2. Substitution and Inspection
5.3. Maintenance, Use and Care of the Equipment
5.4. Insurance
5.5. Loss and Damage and Total Loss
5.6. Location of and Dealings with or affecting the Equipment
5.7. Indemnity
5.8. Return of Equipment

6. Delivery and Collection

6.1. All times or dates quoted for delivery of the Equipment are given in good faith but shall not be of the essence of the Contract. The delivery will take place during Monday to Friday between the hours of 9.00am to 5.30pm unless otherwise agreed in Writing between the Hirer and Shoreditch AV. Delivery shall be made to the premises stipulated in the Order Confirmation.

6.2. Should the Hirer wish to make its own arrangements to collect the Equipment, insurance of the Equipment during transportation is the responsibility of the Hirer.

6.3. On termination of the Contract for whatever reason, Shoreditch AV will arrange collection of the Equipment from the location detailed in the Order Confirmation during Monday – Friday, between the hours of 9.00am to 5.30pm on the next working day immediately after the termination date.

6.4. Should Shoreditch AV, or its transport agents, not be able to delivery/collect the Equipment as arranged, the Hirer may be liable for additional charges.

6.5. All packaging supplied with the Equipment shall be held by the Hirer during the whole of the Hire Term and shall be used to re-pack the Equipment for its safe return to Shoreditch AV. In the instance where a cardboard box is used it is the hirer’s responsibility to reseal and make available for transportation in a secure state. In the instance where a flight case is used it is the hirer’s responsibility to reseal using the security tag located in the lid of the flight case and make available for transportation in a secure state. If the original packaging is not used for the safe return of the Equipment, Shoreditch AV will not accept liability for any damage incurred to the Equipment during transportation. Shoreditch AV undertake to report the damage to the Hirer within 24-hours of its arrival back to at Rentals premises.

7. Equipment Failure

7.1. In the event of any failure of the Equipment the Hirer shall forthwith provide Shoreditch AV with a written notice specifying the said failure.

7.2. Should the Equipment failure prove to be due to misuse or the fault of the Hirer in any way including but without limitation due to the Hirer’s existing equipment, Shoreditch AV reserves the right to pass on the costs of repair and the engineering charges to the Hirer which shall be payable by the Hirer to Shoreditch AV in accordance with these Terms.

7.3. In the event of Equipment failure Shoreditch AV shall use reasonable endeavours to repair or replace said Equipment with the same or comparable, within a reasonable amount of time but in any event within 3 working days of the fault being reported to Shoreditch AV, at no charge to the Hirer.

8. Conditions Warranties and Exclusion

8.1. Shoreditch AV agrees that provided that the Hirer is not in default hereunder it shall upon request assign to the Hirer (so far as the same are capable of being assigned) the benefit of all express warranties granted in favour of Shoreditch AV by the supplier of the Equipment or the manufacturer of it provided that the Hirer shall first fully indemnify Shoreditch AV to the satisfaction of Shoreditch AV against all costs claims damages and expenses incurred or to be incurred in connection with the enforcement thereof or the making of any claim thereunder and provided that upon the expiration of the Hire Term or upon the earlier termination of the hiring hereunder the Hirer agrees to re-assign such warranties to Shoreditch AV and for that purpose hereby irrevocably appoints Shoreditch AV as its attorney and in its name to execute in favour of Shoreditch AV any such assignment in such form as may then be necessary to give effect to this clause.

8.2. The Equipment is selected by the Hirer and acquired and supplied by Shoreditch AV at the request of the Hirer solely for the purpose of hiring the Equipment to the Hirer and save as above Shoreditch AV should does not let or supply the Equipment with any representation concerning the condition performance suitability or qualities of the Equipment or with or subject to any term condition or warranty express or to be implied by statute description at common law or otherwise and all such representations terms conditions warranties whether relating to the capacity age quality description condition leasing possession transportation or use of the Equipment or to the satisfactory quality or suitability or fitness of the Equipment for a particular or any purpose are excluded.

8.3. Nothing in these Terms will limit Shoreditch AV liability for death or personal injury resulting from its negligence or that of Shoreditch AV employees or agents. If the Hirer is a consumer (within the meaning of the Unfair Contract Terms Act 1977), the content of these Terms will not affect the Hirer’s statutory rights. If the Hirer is not a consumer then subject as provided in these Terms, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.

8.4. Shoreditch AV shall not be liable to the Hirer:

  • 8.4.1. in contract or in tort for loss injury or damage arising by reason of any defects in the Equipment whether such defects be latent or apparent on examination (other than liability for death or personal injury arising from the negligence of Shoreditch AV);

  • 8.4.2. for any statement term condition warranty or representation made by any supplier dealer agent broker or other person through whom this transaction may have been introduced negotiated or conducted and persons other than those in the employment of Shoreditch AV have no authority express or implied to act as agent for Shoreditch AV ;

  • 8.4.3. either for any loss whatever suffered by the Hirer as a result of the Equipment or any part of it being unusable or to supply any replacement Equipment during any period when the Equipment or part of it is unusable;

  • 8.4.4. for repairing, maintaining or replacing equipment which is used in conjunction with the Equipment, which is not subject to the Contract

  • 8.4.5. for any loss or damage incurred or sustained by the Hirer in consequence of Shoreditch AV terminating the hiring under clause 9 below or in retaking possession of the Equipment.

8.5. Shoreditch AV will not be in breach of contract if it cannot perform its obligations hereunder as a result of any Force Majeure Event.


8.7. If the Hirer shall have first discharged in full all its obligations under the Contract including without limitation its liability to pay the sum calculated under clause 5.5.2 above, Shoreditch AV shall pay to the Hirer the sum (if any) by which the insurance money in respect of a Total Loss subsequently received by Shoreditch AV exceeds the sums paid by the Hirer to Shoreditch AV under clause 5.5.1.

9. Termination

9.1. It is hereby agreed that forthwith upon the occurrence of a Total Loss the hiring of the Equipment shall terminate but without prejudice to the Contract (which shall continue in full force and effect) and to any claims or liabilities then outstanding or thereafter arising thereunder.

9.2. Without prejudice to Shoreditch AV ’s right to arrears of Rental Charges or other sums due as damages for breach of the Contract Shoreditch AV may terminate the hiring under the Contract on the occurrence of any of the following events:

  • 9.2.1. if the Hirer shall not pay any of the Rental Charges or any of the sums due from the Hirer to Shoreditch AV under the Contract punctually on the date when due; or

  • 9.2.2. if the Hirer shall be in breach of any term of the Contract; or

  • 9.2.3. if the Hirer shall do or allow to be done any act or thing that may prejudice or endanger Shoreditch AV ’s property or rights in the Equipment; or

  • 9.2.4. if the Hirer shall die; or

  • 9.2.5. if the Hirer shall have a bankruptcy order made against him;

  • 9.2.6. the Hirer shall be liquidated or wound up or have a petition for winding up presented against it or pass a resolution for voluntary winding up (otherwise than for a bona fide reconstruction); or

  • 9.2.7. if a petition for the appointment of an administrator is presented against the Hirer or if the Hirer has a receiver or administrative receiver appointed; or

  • 9.2.8. if the Hirer shall convene any meeting of its creditors or make a deed of assignment or arrangement or otherwise compound with its creditors; or

  • 9.2.9. if any step shall be taken to levy a distress or execution or if a distress or execution shall be levied or threatened to be levied upon any chattels of or in the possession of the Hirer; or

  • 9.2.10. if the Hirer shall abandon the Equipment

where upon Shoreditch AV consent to the Hirer’s possession of the Equipment shall determine immediately and Shoreditch AV shall be entitled to take possession of the Equipment wherever it may be and the Hirer grants an irrevocable licence for Shoreditch AV its agents or representatives to enter the Hirer’s premises to remove the Equipment without notice to the Hirer).

9.3. In the event that the Hirer wishes to terminate the Contract prior to the commencement of the Hire Term, the Hirer shall pay to Shoreditch AV a cancellation charge which shall be calculated as follows:

  • 9.3.1. notice given by the Hirer in excess of 1 week prior to the contractual delivery date incurs a 25% penalty of the total Rental Charges;

  • 9.3.2. notice given by the Hirer less than 1 week and greater than 3 days prior to the contractual delivery date incurs a 75% penalty of the total Rental Charges;

  • 9.3.3. notice given by the Hirer 3 days or less prior to the contractual delivery date incurs a 100% penalty of the total Rental Charges

and the Hirer agrees that the charges contained at clauses 9.3.1 to 9.3.3 (inclusive) are a genuine pre-estimate of the loss that Shoreditch AV would suffer in the event of cancellation by the Hirer.

9.4. In the event the Hirer wishes to terminate the Contract during the Hire Term, prior to the last day of the Hire Term, Shoreditch AV reserves the right to enforce a cancellation charge equal to 100% of the total Rental Charges due under the Contract less discount at the rate of 3 per cent per annum for accelerated payment, calculated from the date of payment until the date such payment would otherwise have been made.

10. Consequences of Termination

10.1. Forthwith upon the hiring of the Equipment being determined under clause 9.2 above or if the Contract is terminated upon a repudiation by the Hirer accepted by Shoreditch AV the Hirer shall pay to Shoreditch AV:

  • 10.1.1. all arrears of Rental Charges plus any interest due including apportioned Rental Charges for any broken period;

  • 10.1.2. damages for any breach of the Contract and all expenses and costs incurred by Shoreditch AV in retaking possession of and selling or re-hiring the Equipment or attempting to sell or re-hire the Equipment and/or enforcing its rights under the Contract; and

  • 10.1.3. all Rental Charges which would have been payable for the remainder of the Hire Term less discount at the rate of 3 per cent per annum for accelerated payment, calculated from the date of payment until the date such payment would otherwise have been made; and

  • 10.1.4. all other sums due from the Hirer to Shoreditch AV under this Agreement.

10.2. It is the responsibility of the Hirer, upon termination of the Contract, to keep all Equipment safe and free from damage until collection is made by Shoreditch AV or its authorised representatives.

10.3. Upon return of the Equipment the Shoreditch AV will inspect the Equipment for any loss or damage. If any loss or damage is discovered, other than fair wear and tear, then Shoreditch AV shall notify the Hirer of such loss or damage within a reasonable time. The Hirer shall be responsible for compensating Shoreditch AV for any costs incurred in repairing or replacing the Equipment and any loss of revenue to Shoreditch AV whilst the Equipment is not available for hire.

10.4. In the event the Hirer disputes the costs or liability pursuant to clause 10.3 and wishes to inspect the Equipment, the Hirer must give notice in writing of his intentions within 48 hours of Shoreditch initial report. The Hirer shall be entitled inspect the Equipment within 7 days of giving notice of his intentions, otherwise the Hirer must accept the valuation costs notified to him by Shoreditch AV.

11. Interest

11.1. If any of the Rental Charges or any other sums payable under the Contract shall not be paid when due the Hirer shall pay to Shoreditch AV interest on them calculated on a daily basis and compounded quarterly from the due date until payment at the rate of [5%] a year over the base rate from time to time of HSBC Bank plc

12. General

12.1. Shoreditch AV shall at all times retain the ownership of the Equipment and the Hirer shall have no interest in the Equipment save as is provided by the Contract. Notwithstanding that the Equipment may have been affixed to any land or building Shoreditch AV shall continue to be the owner of them and they shall as between Shoreditch AV and the Hirer and their respective successors in title remain the personal property of Shoreditch AV

12.2. Clause 5.3 above shall not relieve Shoreditch AV of the direct burden of wear and tear to the Equipment

12.3. The continuance of the Contract or the Hirer’s liability for payment of Rental Charges and all other sums under it shall not be affected in any way by the loss theft Total Loss or any damage to or any defect in the Equipment whether latent or patent save as provided in clause 9.1 above

12.4. All the obligations of the Hirer under the Contract shall be discharged at the Hirer’s cost and expense

12.5. Any delay or failure of Shoreditch AV to exercise any right or remedy shall not constitute a waiver of it or them and any of Shoreditch AV’s rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to Shoreditch AV to the effect that such rights are cumulative and not exclusive of each other.

12.6. All sums payable under the Contract shall be paid together with the addition of such VAT as is legally payable on those sums.

12.7. Any typographical, clerical or other error or omission in the Website, the Quotation any sales literature, price list, the Order Confirmation, invoice or other document or information issued by Shoreditch AV shall be subject to correction without any liability on the part of Shoreditch AV.

12.8. Shoreditch AV shall be entitled to assign to any third party its rights arising from any Contract. The Hirer may not assign its rights under the Contract except with the prior written consent of Shoreditch AV.

12.9. No variation or addition to any of the terms of a Contract and/or these Terms shall be binding unless agreed in Writing between the authorised representatives of the Hirer and Shoreditch AV. Unless otherwise agreed in writing such variations or additions shall only apply to the particular Contract concerned.

12.10. A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

12.11. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

12.12. The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to the Contract.

12.13. The Contract shall be governed by the laws of England, and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.

13. Use of Hirer’s Information

13.1. In considering the Hirer’s application Shoreditch AV may search the Hirer’s record at credit reference agencies. They will add to the Hirer’s record details of Shoreditch AV’s search and the Hirer’s application and this will be seen by other organisations that make searches. Shoreditch AV shall use information it obtains from the Hirer under the Contract or from any credit reference or fraud prevention agencies:

  • 13.1.1. to assess the Hirer’s application manage the Hirer’s account and provide Shoreditch AV ’s services and to carry out market research;

  • 13.1.2. to recover debts prevent fraud and to detect money laundering activity;

  • 13.1.3. to develop improve and market Shoreditch AV’s products and services;

  • 13.1.4. for credit scoring and statistical and analytical purposes.

13.2. Shoreditch AV may use a credit scoring or other automated decision making system when assessing the Hirer’s application.

13.3. Shoreditch AV may also add to the Hirer’s record with any credit reference agency details of the Contract and any default or failure to keep to its terms. Shoreditch AV may check the details with fraud prevention agencies. These records may be shared with other organisations and used by Shoreditch AV and them to help make decisions about credit and credit related services such as insurance for the Hirer and members of the Hirer’s household trace debtors recover debt prevent money laundering and fraud and to manage the Hirer’s accounts. These include any organisations who introduced Shoreditch AV or who acts on the Hirer’s or Shoreditch AV’s behalf other banks or lessors anyone who has a legal right to such information or anyone to whom Shoreditch AV may intend transferring its rights and/or duties under any agreement it may have with the Hirer. For these purposes Shoreditch AV or other organisations may make further searches. Although these searches will be added to the Hirer’s record, they will not be shared with others.

The hirer should write to the Customer Services Manager or phone Shoreditch AV on 02072538988if the hirer wants to have details of those credit reference and fraud prevention agencies from whom Shoreditch AV obtains and to whom it passes information about the hirer. The Hirer has a legal right to these details. The Hirer has a right to receive a copy of the information Shoreditch AV holds about it if the Hirer applies to Shoreditch AV in writing. A fee will be payable.

14. Solicitation of Employees

14.1. The Hirer will not offer employment to any staff of Shoreditch AV or induce or solicit any such person to take up employment with the Hirer; nor will they use the services of any such person, either independently or via a third party, for a period of 6 months following the staff member’s employment with Shoreditch AV. Breach of this condition will render the Hirer liable to pay liquidated damages equal to the full amount earned by the person concerned, including commission & national insurance contributions, during the previous 12 months employment. If the staff members employment with the Hirer proves shorter than said 12 months the amount earned will be annualised.

15. Distance Selling

15.1. This clause sets out those matters required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 which applies where the Contract is entered into through the Website:

  • 15.1.1. Identity. The supplier of any Equipment purchased pursuant to these Terms is:
    Icon Presebtations……………Tennent…….Ltd……Company

  • 15.1.2. Description of Goods. The equipment supplied and leased pursuant to these Terms comprise equipment either selected from those available on our Website or created by us to your order.

  • 15.1.3. Price. The price of Equipment supplied and leased via the Website shall be the price advertised on our price list on the Website at the time of lease together with Value Added Tax and any other relevant tax thereon at prevailing rates from time to time.

  • 15.1.4. Delivery Costs. Equipment may be delivered directly to your premises at an additional cost specified on the Website.

  • 15.1.5. Payment. Payment for the Equipment supplied and leased pursuant to these Terms must be made to us at the times specified in the Order Confirmation.

  • 15.1.6. Cancellation.

    • (a) Except for Equipment which is personalised, you will be entitled to cancel the Contract by notice in Writing to us at any time up to 7 working days after the date of supply of the Equipment.

    • (b) If you have the right to cancel the Contract, Shoreditch AV will contact you to arrange the return of the Equipment delivered to you and we shall refund any Rental Charges paid, together with the delivery charges, within 30 days of such cancellation PROVIDED THAT the Equipment is returned by you and received by us in the condition that they were delivered to you. If you do not co-operate in returning the Equipment delivered to you and/or the condition of the Equipment returned is not the same as when delivered to you, we shall be entitled to deduct from the amount to be returned to you (and charge any additional sums) for all direct costs of recovering the Equipment and/or to reinstate the condition of the Equipment.

  • 15.1.7. Cost of Communicating with Shoreditch AV. There are no premium rate charges which you will incur by reason of communicating with Shoreditch AV. The cost of any such communication will accordingly be limited to the charges you would normally incur for use of the Internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.

  • 15.1.8. Price Validity. The price for the Lease of the Equipment is fixed at the date of hire. Future hire of the Equipment shall be subject to prices prevailing at that time.

  • 15.1.9. Duration of Contract. The minimum period of the hire agreement shall be specified in the Order Confirmation.

16. Use of the Website

16.1. Any information received from the Hirer through the Website shall be dealt with in accordance with Shoreditch AV’ Privacy Policy

16.2. The use of the Website shall be governed by Shoreditch AV Website Terms and Conditions of Use

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

1 Phipp Street

Last Edited on 2014-10-30