Terms & Conditions

EQUIPMENT RENTAL/HIRE

Prices are the Rental Charge per Day – (Collection before 16H00 on the Day Before the Rental Period, and Return before 09H00 on the Day After the Rental Period)

No VAT is applicable

Conditions of Hire

1. DEFINITIONS

1.1. In these Conditions:-
1.1.1. “Contract” means a contract for the hire of Equipment concluded by the acceptance by Mixolydian Music of an order pursuant to Condition 2.
1.1.2. “Equipment” means the equipment described or any individual item thereof.
1.1.3. “Hire Charge” means the weekly charge payable by the Hirer to Mixolydian Music Rental Division for the hire of Equipment.
1.1.4. “Hire Period” means a period starting on the date that Equipment is dispatched to or collected by the Hirer and ending on the date on which the Equipment is returned to Mixolydian Music.
1.1.5. “Hirer” means the hirer of Equipment from Mixolydian Music.
1.1.6. “Mixolydian Music” means Mixolydian Music Rental Division.
1.1.7. “The Site” means the premises or site specified by the Hirer where the Equipment is to be used.
1.2. The headings in these Conditions are for ease of reference only and shall not affect their interpretation.

2. GENERAL

2.1. These Terms and Conditions shall apply to all contracts for the hire of the Equipment by Mixolydian Music Rental Division to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by Mixolydian Music Rental Division in writing.
2.2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Mixolydian Music.
2.3. By accepting the Equipment at the Site the Hirer is agreeing to these Terms and Conditions unless otherwise agreed in writing.
2.4. Any advice or recommendations given by Mixolydian Music Rental Division or its employees or agents to the Hirer or its employees or agents as to the storage, application, installation or use of the Equipment which is not confirmed in writing by Mixolydian Music Rental Division is followed or acted upon entirely at the Hirer’s own risk and, accordingly, Mixolydian Music Rental Division shall not be liable for any such advice or recommendations which are not so confirmed or the actions of any third party in the storage, application, installation or use of the Equipment unless the Hirer has separately contracted for such services with Mixolydian Music Rental Division directly.

3. ORDERS

Mixolydian Music Rental Division shall only accept an order for hire of Equipment provided that it is in writing. Unless otherwise agreed, the written acceptance of the Hirer’s order by an authorized employee of Mixolydian Music Rental Division shall constitute the Contract, which shall be subject to these Conditions. Any terms or conditions in the Hirer’s order or other documentation of whatsoever kind which are inconsistent with these Conditions shall have no effect.

4. HIRE OF EQUIPMENT

4.1. Mixolydian Music Rental Division hereby hires to the Hirer the Equipment for the Hire Period at the Hire Charge.
4.2. Mixolydian Music Rental Division reserves the right to supply equipment of a similar design to the Equipment.
4.3. All descriptions and specifications, drawings and particulars of weights and dimensions issued by Mixolydian Music Rental Division Rental are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, Mixolydian Music Rental Division reserves the right to change specifications without notice.

5. HIRE CHARGE

5.1. The Hirer shall pay to Mixolydian Music Rental Division Rental either in advance or on a weekly basis a sum calculated by multiplying the appropriate Hire Charge for the Equipment by the Hire Period for such items of Equipment. All hire charges are strictly Nett and are due and payable on invoice submitted within 14 days. Charges run from day of dispatch until day of return and are based on a period of one week or part thereof irrespective, Of whether the goods are in use or not. A period of two days grace is normally given on collection and deliveries (i.e. collection Friday: return Monday).
5.2. The Hirer shall pay to Mixolydian Music Rental Division Rental any packing and delivery charges where appropriate.
5.3. The Hirer shall pay Mixolydian Music Rental Division invoices hereunder within 14 days of the date of invoice. Time shall be of the essence in respect of the payment of all sums due hereunder.

6. DELIVERY & COLLECTION

6.1. Any dates and times quoted for delivery of the Equipment are approximate only and Mixolydian Music Rental Division shall not be liable for any delay in delivery of the Equipment howsoever caused.
6.2. Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the equipment at the Site and on its return to Mixolydian Music Rental Division and for all costs incurred in connection therewith, and any driver or operator supplied by Mixolydian Music Rental Division shall be deemed to be under the Hirer’s control and shall comply with all directions of the Hirer.
6.3. The Hirer shall conduct a reasonable inspection of the Equipment upon receipt. If such inspection reveals that the Equipment is damaged, or that some of the Equipment is damaged, or that some of the Equipment has been lost, the Hirer shall notify Mixolydian Music Rental Division and the carrier in writing within 3 days of the date of receipt. Damaged Equipment may be retained by the Hirer for inspection by the carrier provided that it shall be returned to Mixolydian Music Rental Division on demand. If the Hirer fails to notify Mixolydian Music Rental Division and the carrier in Accordance with this Condition, or to return the equipment on demand, the Hirer shall pay to Mixolydian Music Rental Division the full cost of repair or replacement of the Equipment or full hire rate until returned.
6.4. Mixolydian Music Rental Division reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.

7. USE OF EQUIPMENT

7.1. The Hirer shall ensure that the Equipment is installed and used by competent and qualified personnel in a manner which complies with any applicable statute, regulation or order from time to time in force affecting the Equipment including but not limited to the Health and Safety at Work and any statutory amendment or replacement of it.
7.2. The Hirer shall at its expense keep the Equipment in good repair, condition and working order, fair wear and tear excepted. Without prejudice to the generality of the foregoing, the Hirer shall on a very regular basis and certainly every week:-
7.2.1. Inspect, test and clean the equipment.
7.2.2. Check and maintain wiring to and fixing and rigging of the equipment.
7.3. The Hirer shall not without the prior written consent of Mixolydian Music Rental Division make any modification or alteration to the Equipment, or take the Equipment outside South Africa.
7.4. The Hirer shall allow Mixolydian Music Rental Division to inspect the Equipment upon request during Mixolydian Music’s normal working hours.
7.5. The Hirer shall return all faulty lamps to Mixolydian Music. The replacement cost of the lamps will be charged to the Hirer if they are not returned.

8. BREAKDOWN AND REPAIRS

8.1. Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the hirer shall be responsible for all loss or damage incurred by Mixolydian Music Rental Division arising from any breakdown and the payment of the hire charges during the period the equipment is inoperable due to such breakdown.

NEW EQUIPMENT SALES

Prices are Net (normally after 25% Discount off the Retail Price)

Pricing & Stock availability are NOT guaranteed, and are subject to prior quotation

No VAT is applicable

Full Payment required prior to ordering Stock

Warranty: From SA Distributors against manufacturing faults and latent defects. Warranty does not extend to damage caused by incorrect/negligent operation, and/or unauthorised modifications on equipment, or due to damage/defect caused by power surge/spikes. Warranty will also not extend to lamps or transducers.

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