I

1.1.






1.2.
1.3.

INTERPRETATION

In these conditions, save where the context requires otherwise;
the company’ means Webcast-TV (USA) LLC.
‘the Contract’ means the contract between the Client and the Company for the hiring of
the Equipment constituted by the Schedule and these Conditions;
the Equipment’ means the equipment described in the Schedule;
“the Hirer” means the person whose details are set out in the Schedule;
‘the Schedule” means the Schedule set out overleaf;
Headings are for ease of reference only and shall not affect construction;
And words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing whole shall be treated as including a reference to any part thereof

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2.1.


2.2.

PERIOD OF HIRE

The period of hire shall commence from whichever is the earlier of the time the Equipment is made available to the Client or leaves the Company’s premises, or on the date of signature of the Schedule by the authorized representative of the Company.
The period of hire shall continue until the Equipment is returned to the Company and the Company issues to the Hirer and acknowledgement of receipt in respect of the Equipment, signed by the authorized representative of the Company.

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3.1.



3.2.

EQUIPMENT

The Hirer warrants to the Company that it has selected the Equipment, has inspected the same and is completely satisfied that the Equipment is in good working order, is undamaged and is fit and suitable for the purpose intended by the Hirer. The Company shall not be responsible for any defects or deficiencies in the Equipment unless an appropriate specific note is made on the Schedule and such note is countersigned by the authorized representative of the Company.
In view of the warranty given in Condition 3.1, the Company does not give any warranty or condition of any kind whatsoever in relation to the Equipment and all warranties and conditions express or implied by statute, common law or otherwise are hereby excluded,

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4.1.


4.2.

4.3.

4.4.


4.5.
4.6.

HIRE CHARGE

The Hirer shall pay to the Company during the period of hire in relation to each item of equipment the hire charge specified in the Company’s ratecard for the time being in force, or as otherwise agreed by the Company in writing, together with any tax thereon at the rate applicable at the time of payment.
Hire charges are payable within 30 days of the date of the company’s invoice. For non-account customers, hire charges together with any deposit required are payable in advance.
If the Hirer cancels an order within 24 hours of the date when the period of hire was to commence, the Hirer shall pay to the Company a cancellation charge not exceeding the total agreed anticipated hire charge for the cancelled hiring.
Payments shall be made to the Company without deduction, claim or set-off in such manner and at such place as the Company may from time to time require. The Company reserves the right to appropriate any payments made (notwithstanding express appropriation by the Hirer) to any sums payable to the Company under this or any other agreement between the parties.
Time of payment of all sums due to the Company under this Agreement shall be of the essence.
The Company may at its discretion charge interest at 2 per cent per month on any sum not paid on the due date. Such interest shall run from day to day and accrue after as well as before any judgment and shall from time to time be compounded monthly on the amount overdue until payment thereof.

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5.1.



5.2.

5.3.
5.4.
5.5.


5.6.
5.7.

5.8.


5.9.

HIRERS OBLIGATIONS

The Hirer shall during the period of hire:

Keep the Equipment in good and serviceable repair and condition (fair wear and tear resulting from proper use thereof alone excepted) and shall ensure that the Equipment is safe and without risk to health and that it is used in a skilful and proper manner and by persons who are competent to operate the same and that all information and advice relating to its use is strictly observed;
Not use the Equipment or permit the Equipment to be used for any abnormal or hazardous assignments without the prior written consent of the company;
Promptly attend to and pay for all maintenance of and repairs and other work to the Equipment
Not remove the Equipment from the United States of America without the prior written consent of the Company
Permit the Company or any person authorized by the Company at all reasonable times to enter upon the premises in which the Equipment is for the time being kept for the purpose of inspecting and repairing the Equipment (which the Company is entitled but not obliged to do);
Notify the Company of any loss of or damage to the Equipment within 48 hours of such loss or damage being sustained;
Not carry out or attempt to carry out any repairs or modifications to the Equipment without the prior written agreement of the company;
Pay to the Company the cost of carrying out any repairs to damaged Equipment and the cost of replacing any lost Equipment or any Equipment which in the opinion of the Company it is uneconomic to repair with new equipment of equivalent specification;
Pay to the company compensation for loss of use of Equipment lost or damaged at a rate equivalent to the charges currently made by the Company for the hire of such Equipment until such time as the lost or damaged Equipment is replaced or repaired.

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6.1.

INSURANCE

Unless before the commencement of the period of hire the Company has received from the Hirer’s insurers confirmation that the Hirer has arranged insurance satisfactory to the company in respect of the Equipment for the full new replacement value thereof then the Company shall be entitled (but not obliged) to arrange such insurance and the Hirer shall pay to the company an additional sum of a minimum 100% of the total hire charge.

7

POSSESSION AND CONTROL OF THE EQUIPMENT

The Hirer shall not, without the prior written consent of the Company, sell, assign, sub-let, pledge, mortgage, charge, encumber or part with possession of or otherwise deal with the Equipment or any interest therein nor create nor allow to be created any lien on the Equipment whether for repairs or otherwise.

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8.1.

8.2.



8.3.

OWNERSHIP

As between the parties, the Equipment shall at all times remain the property of the Company, and the Hirer shall have no rights in the Equipment other than as set out herein.
The Hirer shall not do or permit to cause to be done any matter or thing whereby the rights of the Company in respect of the Equipment are prejudicially affected and in particular the Hirer shall keep the Equipment free from any distress, execution or other legal process. In the event of the Equipment being so distressed or otherwise as aforesaid, the Hirer shall forthwith give notice in writing of that fact to the Company.
The Company may affix or cause to be affixed on the Equipment any plate or other marking indicating that the Equipment is the property of the Company which the Company may think fit. The Hirer shall not remove, deface or cover up any such plate or marking. The company reserves the right to make a charge if this condition is not adhered to.

9

INDEMNITY

The Hirer shall fully and promptly indemnify the Company, its Directors, employees and agents against all liabilities, damages, costs, claims and demands which the Company, its Directors, employees and agents may suffer or incur directly or indirectly in connection with the use or misuse by the Hirer or its employees of the Equipment.

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10.1.










10.2.




10.3.


10.4.

TERMINATION

The Company may, by notice in writing to the Hirer having immediate effect terminate the Contract without prejudice to any other right or remedy it may have if the Hirer:
       [a] make default in payment of any sum due hereunder;
       [b] commits any breach of this Agreement which (if capable of remedy) is not remedied within 30 days of a notice             in writing from the Company specifying the breach and stating what steps are necessary to remedy it;
       [c] convenes any meeting of creditors or makes any arrangement or composition with its creditors or takes any steps,             or has steps taken against it, for its winding up or dissolution (other than in the course of an amalgamation or             voluntary reconstruction) or for the makingof an administration order or has a liquidator, a receiver, an             administrative receiver, an administrator or similar officer appointed over
            the whole or any part of its undertaking or assets or is unable or admits its inability to pay its debts as they fall due             or takes or suffers any similar act or event in consequence of debt.
Forthwith upon the termination of the Contract, the Hirer shall return the Equipment at its own risk and expense to the place in the United States nominated by the Company in a good state or repair and maintenance and in good condition and working order, ordinary wear and tear resulting from proper use thereof alone expected. If the Hirer defaults in returning the Equipment, the Company may retake possession of it and the Hirer grants to the Company irrevocable license to enter for this purpose any premises of the Hirer where the Equipment is located.
The termination of the Contract and the return of the Equipment to the Company shall be without prejudice to the rights and remedies of the company accrued before such termination or return and shall not prejudice the right of the company to recover any amount outstanding at the termination or return.
The Company shall be entitled to terminate the Contract without liability if performance of the Company is prevented by circumstances beyond its reasonable control (whether or not involving the Company’s employees).

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11.1.


11.2.
11.3.

LIABILITY

Except to the extent specifically provided for in this Contract, the Company shall not be liable whether in contract, tort or otherwise for any loss, damage or Injury however caused or arising from any defect in, failure in, or unsuitability for any purpose of, the Equipment.
The Company shall not in any event be liable for any indirect or consequential loss whatever and however caused.
Nothing in this Agreement shall exclude or restrict any liability for death or personal injury resulting from the Company’s negligence.

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12.1.


12.2.

12.3.


12.4.




12.5.

GENERAL

No failure or delay by the Company in exercising any right hereunder shall operate as waiver thereof or extend to or affect any other or subsequent event or impair any rights remedies consequent thereon or in any way modify or diminish the rights of the Company under Contract.
The Hirer shall not assign or transfer or purport to assign or transfer the Contract or the benefit thereof  to any other person.
If any clause in the Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceable shall in no way impair or affect any other clause all of which shall remain in full force and effect.
Any notice to be given under the Contract may he delivered, or be sent by first class pre paid post addressed to the party to be served in the address for such party last known to the party giving the notice or may be transmitted by fax to the fax number of the party to it served last known to the party giving notice. Notices served by post shall be deemed served 48 hours after posting and notices served by fax shall be deemed served when the recipient’s fax machine acknowledges receipt.
The Contract and these Conditions shall be governed by and construed in accordance with American law and the Hirer irrevocably submits to the non-exclusive jurisdiction of the American Courts.