TERMS & CONDITIONS
Please read our Terms and Conditons. They set out the terms under which we hire.
AN AGREEMENT made BETWEEN Pro Centre Limited having its registered office at Pro Centre, 14 Union Walk
London E2 8HP (“the Owner”) (1) and the hirer named in the Schedule hereto (“the Hirer”) (2) WHEREBY IT IS
AGREED as follows:
1. Definitions
1.1 Save where otherwise specified, the capitalised words and expressions in these terms and condi6ons shall
have the meanings set out in the Schedule.
1.2 “Account Hirer” shall mean a Hirer who has a current monthly account facility with the Owner, and the
term Hirer shall include Account Hirer where appropriate.
2. Hire
The Owner hereby hires to the Hirer the Equipment for the Hire Period and at the Rentals in each case as
stated in the Schedule hereto upon the terms and subject to the condi6ons hereina\er appearing.
3. Hire Period
3.1 The Hire Period shall commence from the Commencement of Hire as stated in the Schedule unless the
Equipment is delivered by the Owner in which case the Hire Period shall commence when the Equipment
leaves the Owner’s premises. If the Equipment is collected by the Owner then the Hire Period shall terminate
when the goods are received back at the Owner’s premises.
3.2 The Hire Period will be calculated as follows:
(a) 1 day: Any 24 hour period commencing from the 6me the Equipment leaves the Owner’s premises un6l the
same 6me the following day;
(b) 1 week: Any con6nuous period of 7 days calculated in accordance with Sec6on 3.2(a) above;
(c) 1 month: Any con6nuous period of 30 days calculated in accordance with Sec6on 3.2.(a) above; (d)
Weekend: The period from 4.00 p.m. on Friday to 10.00 a.m. on Monday, which is to be calculated as a
period of one day for the purposes of these terms and condi6ons;
(e) Early Pick-Up: Provided that the Equipment is available, the Equipment can be collected a\er 4.00 p.m.
the day before the Commencement of Hire starts and returned [by 10.00 a.m. the day a\er the end of
the Hire Period] without incurring further charges.
(f) The Owner will use all reasonable endeavours to have each item of specified Equipment available for
hire on the Commencement of Hire but the Owner shall not incur any liability whatsoever in the event
of any non-availability due to failure by another customer to return, unforeseeable mechanical
breakdown or any other circumstance beyond its reasonable control.
4. Rentals and Deposit
4.1 A Hirer who is not an Account Hirer will pay to the Owner on or before the Commencement of Hire the
Rentals stated in the Schedule together with value added tax at the rate or rates and in the manner for the
6me being in force.
4.2 A Hirer who is not an Account Hirer will provide the Owner in advance with a deposit to the full value of the
Equipment on hire in the form of cash, banker’s dra\ or other form of security acceptable to the Owner. The
Owner will be en6tled without prejudice to its other rights hereunder to cash the Deposit and credit it to its
account in the event that, and to the extent that, the Hirer shall fail to discharge in a 6mely manner any of its
liabili6es hereunder. For the avoidance of doubt, the Owner shall refund to the Hirer any por6on of the Deposit
not required to discharge the Hirer’s liabili6es as aforesaid. The Owner shall not be liable for any tax which may
have accrued in respect of the Deposit when in the Owner’s possession.
4.3 An Account Hirer shall be invoiced monthly in arrears and shall pay all sums due for all Rentals owing in
respect of the hiring of Equipment in the previous month together with all value added tax at the rate or rates
and in the manner for the 6me being in force within 30 days of the date of invoice. An Account Hirer shall pay
to the Owner interest at the rate of [2] per cent above the base rate of the Bank of England on all sums due
which are not paid within 30 days of the date of invoice. Further orders will not be accepted if the account is
not sefled within 30 days of the due date for payment.
5. Equipment and its use
5.1 Where ligh6ng and projec6on Equipment is supplied with spare lamps, all such spare lamps and any failed
original lamp fifed to the Equipment must be returned with all items of Equipment at the end of the Hire
Period. Failure to comply with this requirement will result in the cost of each lamp being added to the final
invoice.
5.2 The Hirer agrees not to use, or permit the use of, the Equipment for any purposes for which it is not
expressly designed. The Hirer further agrees that it will not use or permit the Equipment to be used for any
illegal purpose whatsoever.
5.3 The Hirer agrees that it will not:
(a) without the prior wrifen consent of the Owner, effect any mechanical or other modifica6on to the
Equipment, make any altera6ons or addi6ons, or fit any accessories or non-standard parts thereto.
Without prejudice to the preceding sentence, any addi6ons, altera6ons or other parts which are
made (whether with or without the Owner’s consent) shall become part of the Equipment and shall
belong to the Owner absolutely;
(b) remove or interfere with any iden6fica6on marks (including, without limita6on, any trade marks or
CE marking) affixed to the Equipment nor afempt to do so, nor permit the same; (c) deface the
Equipment in any way whatsoever.
6. Duties of the Owner
6.1 In the event that an item of Equipment becomes temporarily unworkable other than as a result of accident,
damage, the\, vandalism or any other occurrence due to the default of the Hirer, the Owner will, subject to
availability, make available as soon as is reasonably prac6cable a replacement item of Equipment (not
necessarily of the same make and type but func6onally equivalent) for collec6on by the Hirer a\er the receipt
of no6fica6on from the Hirer reques6ng the same.
6.2 Subject to the limita6ons upon its liability set out in Clause 9, the Owner warrants to the Hirer that it will
perform the services supplied under this Agreement with reasonable care and skill.
7. Duties of the Hirer
7.1 The Hirer shall be solely responsible for and hereby fully indemnifies and holds the Owner harmless against
all claims, demands, liabili6es, losses, damages, proceedings, costs and expenses which may be brought against
or incurred by the Owner as a result of any accident or occurrence involving the Equipment or otherwise due
to the Hirer’s or any third party’s use or misuse of the Equipment during the Hire Period (or any period of
possession of the Equipment under Clause 11), other than for death or personal injury resul6ng from the
negligence of the Owner, its employees or agents.
7.2 For the period during which any item of Equipment is out of use as a result of any such accident, the Hirer
will, without prejudice to any other rights of the Owner, pay to the Owner a daily sum (payable in arrears) at
the same rate per annum as the rental payments previously due in respect thereof, together with Value Added
Tax at the rate or rates and in the manner for the 6me being in force.
7.3 The Hirer shall ensure that the Equipment is operated properly and with due care.
7.4 The Hirer shall not take or allow any of the Equipment to be taken out of the United Kingdom mainland
without receiving the prior wrifen authority of the Owner and, in the event of that authority being given, only
on such terms as the Owner, in its sole discre6on, shall consider appropriate.
7.5 The Hirer shall bear the full cost of the repair or rec6fica6on of any damage to the Equipment resul6ng
from negligence or improper use of the Equipment by the Hirer or any person permifed by the Hirer to use the
Equipment.
7.6 The Hirer shall not sell, assign, mortgage, charge, let on hire or otherwise dispose of or part with
possession of any Equipment or part thereof or charge the benefit of this Agreement nor afempt or purport to
do so.
7.7 The Hirer shall take all necessary steps at its own expense to retain and recover possession and control of
any Equipment of which the Hirer loses possession or control.
7.8 The Hirer shall no6fy the Owner of any change in the Hirer’s address and upon request by the Owner
promptly inform the Owner of the whereabouts of the Equipment.
7.9 The Hirer shall have no rights to the Equipment other than as Hirer and the Hirer shall not do or permit or
suffer to be done any act (or omission) whereby the rights of the Owner in respect of such Equipment are or
may be prejudicially affected.
8. Insurance
8.1 Risk of loss or damage to the Equipment shall pass to the Hirer upon delivery and the Owner
requires that all Equipment on hire is covered by the Owner’s insurance policy (the “Owner’s Insurance”)
unless the Hirer (i) has obtained an alternate insurance policy which has been approved by the Owner prior to
the Commencement of Hire and (ii) complies fully with the requirements of clause 8.2.
8.2 If the Hirer intends to rely on an alternate insurance policy the Hirer agrees that it shall:
(i) on or before Commencement of Hire, arrange to keep the Equipment (including any replacement
Equipment provided under Clause 6.1 above) insured throughout the con6nuance in force of this
Agreement without prejudice to the liability of the Hirer to the Owner with an insurance company of
good repute or with Lloyd’s Underwriters against loss or damage from all risks (including third party
risks);
(ii) on or before Commencement of Hire, no6fy its insurers that the Equipment is on hire from the Owner
and request that the insurers endorse a note of such interest on such policy of insurance naming the
Owner as the loss payee;
(iii) on or before Commencement of Hire, produces to the Owner the policy of insurance endorsed as
required under 8.2(a)(ii);
(iv) on demand show to the Owner the policy of insurance, the premium receipts and insurance cer6ficate;
(v) not use or allow the Equipment to be used for any purpose not permifed by the terms and
condi6ons of the policy of insurance or do or allow to be done any act or thing whereby the insurance
may be invalidated; [and (vi) indemnify the Owner against all loss or damage to the Equipment not
recovered by the Owner under any policy of insurance]; and if the Hirer defaults in the payment of any
premium in respect of the insurance, the Owner may (but is not obliged to) pay such premium in which
event the Hirer shall repay the amount thereof to the Owner on demand.
3. Where the Hirer does not intend to rely on an alternate insurance policy as contemplated by clause
8.1, it shall pay to the Owner a fee calculated as a percentage of the rental fee in respect of the
cost of maintaining the Owner’s Insurance in respect of the Equipment (the “Insurance Fee”). This
Agreement is subject to the full terms of the Owner’s Insurance
4. The Hirer hereby acknowledges and agrees that:
(a) subject to clause 8.5, the Hirer is liable for the first £250 of any claim made on the Owner’s Insurance
(the “excess”);
(b) the Owner’s Policy does not cover and the Hirer shall be fully liable and hereby indemnifies the Owner for
any loss or damage to the Equipment during the Hire Period by couriers other than those employed by the
Owner
(c) the Hirer is obliged to report to the Owner (and if applicable to the police, confirmed with the relevant
Crime Reference Number) any loss or damage to the Equipment during the Hire Period as soon as
prac6cable upon such loss or damage occurring.
8.5 The Owner agrees that in the event of a claim being made on the Owner’s Insurance, it shall waive
the Hirer’s obliga6on to pay the excess provided that the Hirer has paid on or before the Hire
Commencement the £250 Excess Fee.
9. Limitation of Liability
9.1 Subject to Clause 9.3, the following provisions set out the Owner’s en6re liability (including any
liability for the acts and omissions of its employees, subcontractors or agents) to the Hirer in respect of:
(a) any breach of its contractual obliga6ons arising under this Agreement;
(b) any representa6on, statement or tor6ous act or omission including negligence arising under or in
connec6on with this Agreement; and
(c) any other fact, mafer or circumstance arising out of or in connec6on with this agreement.
2. Any act or omission on the part of the Owner or its employees or agents or any other fact, mafer
or circumstance falling within Clause 9.1 shall for the purposes of this Clause 9 be known as an
‘’Event of Default’’. If a number of Events of Default give rise substan6ally to the same loss then
they shall be regarded as giving rise to only one claim under this Agreement.
3. Nothing in this Agreement shall limit or exclude the Owner’s liability to the Hirer for:
(a) death or injury resul6ng from the Owner’s, its employees’ or agents’ negligence;
(b) any damage suffered by the Hirer as a result of the implied statutory undertakings as to the right to
transfer possession pursuant to sec6on 7 of the Supply of Goods and Services Act 1983; and (c) any
damage suffered by the Hirer as a result of fraud or fraudulent concealment.
9.4 Subject to Clause 9.3, the Owner’s en6re liability shall be limited to:
(a) in respect of any one Event of Default (or any one claim for a number of Events of Default under Clause
9.2) damages of an amount equal to the Rentals set out in the Schedule, or in the case of an Account
Hirer, the aggregate of all Rentals paid by the Account Hirer in the preceding 3 months; and
(b) in any event, to damages of an amount equal to £* in respect of all Events of Default arising in any [12]
month period.
5. Subject to Clause 9.3 the Owner shall not be liable to the Hirer in respect of any Event of
Default for loss of profits, savings or goodwill; increased costs or expenses or any type of special
indirect or consequen6al loss even if such loss or damage was reasonably foreseeable or the Owner
had been advised of the possibility of the Hirer incurring the same.
6. Nothing in this Clause 9 shall confer any right or remedy upon the Hirer to which it would
otherwise be legally en6tled.
7. Except as set forth herein and to the fullest extent permifed by law, the Owner makes no
warran6es or representa6ons, express or implied, statutory or otherwise, with respect to the
Equipment. The Owner does not warrant that the Equipment will operate error-free or uninterrupted,
or will meet the Hirer’s requirements. The Owner hereby specifically excludes and disclaims all
representa6ons, warran6es and condi6ons not expressly set out herein, whether express, implied or
statutory including, without limita6on, warran6es or condi6ons of sa6sfactory quality and of fitness for
a par6cular purpose and any representa6on, warranty or condi6on that may arise by reason of trade
usage, custom or course of dealing and the Hirer hereby expressly waives any and all rights and
remedies it would otherwise have in respect of all such representa6ons, warran6es or condi6ons other
than the warran6es set forth herein.
10. Termination
10.1 If the Hirer shall fail to pay any Rental or other sum payable under this Agreement (or under any other
agreement between the Owner, any subsidiary of the Owner, any holding company of the Owner, or any other
subsidiary of any such holding company and the Hirer) within 7 days of its becoming due (whether demanded
or not) or shall commit a breach of the other terms and condi6ons whether express or implied of this
Agreement (or of the terms and condi6ons of any such agreement as aforesaid) or shall do or allow to be done
any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the equipment or any
part thereof, then in each and every such case the Hirer shall be deemed to have repudiated the Agreement
and the Owner may thereupon or at any 6me within 3 months therea\er by no6ce in wri6ng to the Hirer for all
purposes forthwith terminate this Agreement.
10.2 If any of the following events shall occur, namely:
(a) if any distress, execu6on, or other legal process shall be levied on or against the Equipment or any part
thereof or against any premises where the same may be or against any of the Hirer’s goods or other
property or the Hirer shall permit any judgment against it to remain unsa6sfied for 7 days, or
(b) if the Hirer, being an individual, shall die or makes an arrangement or composi6on with his creditors
generally or suffers to be made against him a bankruptcy order or pe66on for such a bankruptcy
order; or (c) If the Hirer, being a body corporate, enters administra6on (as defined in Schedule B1 of
the Insolvency Act 1986) or suffers the appointment of an administra6ve receiver or a receiver over
the Hirer, or suffers an encumbrancer taking possession of or selling any asset of the Hirer; or makes
an arrangement or composi6on with its creditors generally or is otherwise unable to pay its debts
within the meaning of sec6on 123 of the Insolvency Act 1986 then in each and every such case the
hire cons6tuted by this Agreement shall automa6cally and without no6ce terminate and no payment
accepted by the Owner without knowledge of such termina6on shall in any way prejudice or affect the
opera6on of this Clause.
3. The Hirer shall upon any termina6on under clauses 10.1 or 10.2 above pay to the Owner all
arrears of Rental (if any) then due and all other sums accrued due and unpaid at the date of
termina6on, together with interest thereon payable from the due date of payment un6l payment (as
well as before judgment) at the rate of [2] per cent above the base rate of the Bank of England. The
termina6on of the hire cons6tuted by the Agreement shall not affect any rights of the Owner or
liabili6es of the Hirer subsis6ng at the date of termina6on.
4. On termina6on of the hire howsoever or whenever occasioned or on expiry of the Hire
Period, the Hirer shall no longer be in possession of the Equipment with the Owner’s consent and
shall (unless otherwise agreed with the Owner) forthwith return the Equipment in good order and in
good working condi6on (including accessories where fifed) to the Owner at such address as the
Owner may direct and at the Hirer’s expense and risk. Without prejudice to the foregoing or to the
Owner’s claim for any arrears of Rental, the Owner or its authorised representa6ves may at any 6me
a\er such termina6on or expiry of the Hire Period without no6ce retake possession of the
Equipment and for such purpose the Hirer shall permit the Owner or its authorised representa6ves
to enter upon any premises belonging to or in the occupa6on or control of the Hirer. The Hirer shall
be responsible for all costs, charges and expenses so incurred in retaking possession of the
Equipment as aforesaid together with all reasonable costs incurred by the Owner at any 6me in
ascertaining the whereabouts of the Equipment and/or the Hirer.
11. Continuation Payment
11.1 Without prejudice to the provisions of Clause 10.4 hereof, as from the due termina6on or expira6on (as
applicable) of the Hire Period and un6l such 6me as the Equipment is returned, the Hirer shall pay by way of
recompense for the con6nued possession of the Equipment a daily sum (payable in arrear) at the same rate
per annum as the Rental payments previously due in respect thereof, together with VAT at the rate or rates and
in the manner for the 6me being in force.
11.2 Nothing in this clause 11 shall confer upon the Hirer any right to the con6nued use or possession of the
Equipment beyond the Hire Period.
11.3 If the Hirer retains the Equipment beyond the Hire Period without first obtaining the permission of the
Owner then he shall be in breach of this Agreement such that the Owner may exercise his rights of
termina6on under Clause 10 above.
12. Force Majeure
Although the Owner will use all reasonable endeavours to discharge its obliga6ons hereunder in a prompt and
efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its
reasonable control.
13. Forebearance
No forbearance indulgence or relaxa6on on the part of the Owner shown or granted to the Hirer in respect of
any of these terms and condi6ons shall in any way affect diminish restrict or prejudice the rights or powers of
the Owner hereunder or operate as or be deemed to be a waiver of any breach by the Hirer of these terms and
condi6ons.
14. Concurrent Remedies
No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy
herein or by law or equity provided or permifed but each shall be cumula6ve of every other right or remedy
given hereunder or now or herea\er exis6ng and may be enforced concurrently therewith or from 6me to
6me.
15. Notices
Any no6ce hereunder shall be in wri6ng and may be served by pre-paid first class lefer post or personal
delivery if sent or delivered to the address stated herein, and in any other case, to the last known address of
the addressee and such no6ce shall be deemed to have been duly given or made as follows (i) if personally
delivered, upon delivery at the address of the relevant party; (ii) if sent by first class post, two business days
a\er the date of pos6ng; that if, in accordance with the this clause 15, any such no6ce, demand or other
communica6on would otherwise be deemed to be given or made a\er 5.00 p.m. such no6ce, demand or
other communica6on shall be deemed to be given or made at 9.00 a.m. on the next business day.
16. Waiver of Set-Off
The Hirer hereby waives all and any future claims and rights of set-off against any instalment of Rental or any
payment due hereunder and agrees to pay the Rental and other amounts hereunder regardless of any equity,
set-off or cross-claim on the part of the Hirer against the Owner.
17. Construction
Where there are two or more par6es to the Hire Agreement as Hirer their liability hereunder shall be joint and
several. In these terms and condi6ons and where the context so admits or requires the masculine gender shall
include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
18. Governing Law
These terms and condi6ons shall be governed by and construed in accordance with the Laws of England. The
Hirer irrevocably submits to the non-exclusive jurisdic6on of the English Courts.
19. Entire Agreement
Each party acknowledges and agrees with the other party that this Agreement cons6tutes the en6re and only
agreement between the par6es and supersedes all prior agreements, understandings and arrangements, oral
or wrifen, between the par6es hereto with respect to the subject mafer hereof, provided that the provisions
of this Clause 19 shall not exclude any liability or right which either party would otherwise have to the other
party in respect of any fraudulent statements or any fraudulent concealment made prior to the execu6on of
this Agreement.
20. Severability
If any provision of this Agreement is held to be unenforceable, this Agreement shall be considered divisible and
such provision shall be deemed inopera6ve to the extent it is deemed unenforceable, and in all other respects
this Agreement shall remain in full force and effect; provided, however, that if any provision may be made
unenforceable by limita6on thereof, then such provision shall be deemed to be so limited and shall be
enforceable to the maximum extent permifed by applicable law.
21. Rights of Third Parties
Save as expressly provided herein, the Contracts (Rights of Third Par6es) Act 1999 shall not apply to this
Agreement and no rights or benefits expressly or impliedly conferred by it shall be enforceable under that Act
against the par6es by any other person.

Pro Centre 14 Union Walk, London E2 8HP. Telephone: 020 7729 8822 Email: info@procentre.co.uk
Registered in England Number: 8922328. Registered OfMice: Pro Centre, 14 Union Walk London E2 8HP