The loan/rental of equipment is done at the discretion of Drumattic, Drumattic reserves the right to refuse this service to any person/organisation for any reason.
A 25% deposit (if required) must be paid no later than 14 days after receiving the confirmation letter/email. After this, an additional £5 per day past the due date will be added to the final bill. The deposit is non-refundable.
Financial settlement of the remaining balance is to take place when the items are initially collected or delivered. Payment is to be made in the form of cash or previously arranged electronic transfer. If payment is not received, Drumattic reserves the right to refuse the hire.
Drumattic may deliver and set up equipment for a pre-specified amount stated, and agreed by both parties under the terms of hire.
Whilst the equipment is in possession of the Hirer, Drumattic requires a document of importance to be left for security. ie. Debit/credit card, driving license, passport.
If equipment is not returned on the specified date, a flat rate of £25 per day will incur.
If equipment is not returned and the Hirer does not contact Drumattic, Drumattic reserves the right to seek legal advice and prosecution of the Hirer.
The Booking Form is proof of verbal or electronic agreement and shall include any other terms and conditions agreed before issuing. Any alterations need to be made by the Hirer or Drumattic and must be agreed by both parties.
Drumattic must be notified immediately if the hire has to be cancelled for any reason. In this case, the loss of deposit will occur.
The hire may be rescheduled to an alternative date (provided more than 14 days notice is given) for no extra fee should unforeseen circumstances arise, provided the equipment is available.
Any advice or recommendation given by Drumattic 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 Drumattic is followed or acted upon entirely at the Hirer’s own risk, and accordingly Drumattic shall not be liable for any such advice or recommendation which is not so confirmed.
The Hirer shall provide Drumattic with satisfactory proof of identity as it may request prior to the release of the equipment to the Hirer.
All hire orders must be confirmed in writing by the Hirer prior to collection or delivery of the equipment and a failure to confirm may result in equipment not being supplied as requested. Drumattic shall have no obligation to fulfil an order unless such order is confirmed in accordance with this term.
The Hirer shall ensure that the equipment hired from Drumattic is suitable for its purposes.
Unless discussed and agreed in the terms of hire, equipment may be supplied with any brand and type of drum head deemed suitable.
Drumattic accepts that drum heads and cymbals may be returned with ‘stick marks’ from fair use
The Hirer shall conduct an inspection of the equipment upon receipt. If such inspection reveals that the equipment is damaged, or has been lost, the Hirer shall immediately notify Drumattic upon receipt specifying the defect. Drumattic may require the Hirer to return such damaged equipment on demand. Under no circumstances shall the Hirer attempt to carry out any repairs whatsoever to the equipment without Drumattic’s express prior consent. If the Hirer fails to notify Drumattic in accordance with this term, or to return the equipment on demand, the Hirer shall pay to Drumattic the full cost of repair or replacement of the equipment.
Where Drumattic agrees to deliver equipment to the desired location, Drumattic shall not be responsible for moving the equipment beyond the Hirer’s main delivery area. The Hirer shall be responsible for ensuring that able-bodied adults who have been instructed in Manual Handling techniques and are supplied with the necessary Personal Protective equipment in accordance with all Health & Safety legislation are available to move the equipment to its final destination. These conditions apply in the event that Drumattic agrees to collect the equipment after use.
Whether collecting, or being delivered, each piece of equipment will be supplied with a protective case. When the equipment is in the possession of the Hirer, but not in use, it is the Hirers responsibility to make sure the equipment is protected, in the correct case. This especially applies to when in transit or being moved.
Cases are supplied as a basic form of protection, any damage that incurs due to misuse or accident to a piece of equipment, while cased is still the Hirers responsibility
Prior to the use of the equipment, the Hirer will allow sufficient time to test and familiarise itself with the equipment. Drumattic shall accept no responsibility for any problems that arise from the Hirer’s failure to learn how to use the equipment. Under no circumstances should the Hirer or its employees or agents attempt to use or move the equipment unless he is competent and qualified to do so.
The Hirer shall ensure that the equipment is properly stored and protected from interference and damage from any source whatsoever.
The Hirer will not expose or use any hired equipment in wet, muddy or other poor weather conditions.
The Hirer shall not, without the prior written consent of Drumattic, make any modification or alteration to the equipment, this does not include tuning.
The Hirer shall not sell, assign, mortgage, charge, sublet or pledge credit on the equipment.
The Hirer shall, during the hire, keep the equipment insured for its full replacement value with a reputable insurance company against loss or damage from all risks (including third party risks). The Hirer shall notify its insurers that the equipment is on hire from Drumattic and request the insurers to endorse a note of such interest on the policy naming Drumattic as loss payee. The Hirer shall on demand show to Drumattic the policy, the premium receipts and insurance certificate and shall not use or allow the equipment to be used for any purpose not permitted by the terms and conditions of the said policy or do or allow to be done any act or thing whereby the insurance may be invalidated
Where any event or accident shall occur which is a risk covered by the Hirer’s insurance hereunder, the Hirer shall immediately notify Drumattic.
The Hirer shall allow Drumattic to inspect the equipment at anytime upon request.
The Hirer shall return all equipment hired, in a complete state.
The named Hirer assumes responsibility at all times, for all equipment hired. They also assume full responsibility for those they permit to use/move it.
In the event of any loss or damage to the equipment the Hirer shall, at Drumattic’s sole discretion, either pay the full sale value, for a replacement, or to have it repaired to the original condition.
The equipment shall at all times remain the property of Drumattic and the Hirer shall have no rights to the equipment other than as Hirer. The Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of Drumattic in respect of the equipment are or may be prejudicially affected.
Drumattic may (without limiting any other remedy) at any time immediately terminate the Contract by giving written notice to the Hirer if the Hirer commits any breach of these Conditions or if the Hirer goes into liquidation; or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
On termination of a Contract (howsoever occasioned) the Hirer shall no longer be in possession of the equipment with Drumattic’s consent and shall (unless otherwise agreed with Drumattic) forthwith return the equipment to Drumattic.
As an obligation surviving the termination of the Contract, the Hirer shall be solely responsible for and hold Drumattic fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Drumattic as a result of any accident involving the equipment or any breach or default on the part of the Hirer in the discharge of its obligations under the Contract.
Drumattic shall not be liable to the Hirer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Drumattic’s obligations in relation to the equipment, if the delay or failure was due to any Act of God, breakdown or other failure of the equipment, power failure or interruption, war, strike, lockout, industrial action, fire, flood, drought, or other event beyond Drumattic’s reasonable control.
If the Hirer shall at any time be in breach of these terms then Drumattic shall be entitled at any time to require the Hirer to deliver up the equipment to Drumattic, and if the Hirer fails to do so forthwith, to enter upon any premises of the Hirer or any third party where the equipment is being stored or used and repossess the equipment.
Any expense incurred by Drumattic in unexpectedly recovering possession of the equipment from the Hirer shall be reimbursed by the Hirer to Drumattic on demand.
English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.