INDEX
LAST REVIEWED: 23rd January 2025
1. Definitions
1.1 “Company” means The Glitch Collective Ltd. (Company No. 11078723, VAT No. GB431493505), with a registered address at:
Unit 26 (sometimes referred to as 26A), Grow Studios, 86b Wallis Road, Hackney Wick, London E9 5LN, UK
1.2 “Hirer” means the individual, firm, or company hiring Equipment from the Company. If the Hirer is a consumer (i.e., acting wholly outside business purposes), statutory consumer protections may apply.
1.3 “Equipment” refers to all items agreed upon for hire, as detailed in the correspondence (including quotes, invoices, or email confirmations) between the Company and the Hirer.
1.4 “Site” means the location specified by the Hirer where the Equipment will be used or stored. This may include third-party premises (e.g., Growntree’s Desk Services premises) or any other venue.
1.5 “theglitch.co T&C” refers to the main Terms & Conditions published on [theglitch.co], which reference this separate Equipment Rental Terms & Conditions document.
2. General Conditions
2.1 These Terms & Conditions apply exclusively to all contracts for the hire of Equipment by the Company to the Hirer. Any other terms are excluded unless expressly agreed in writing.
2.2 Any modifications to these Terms must be agreed upon in writing by the Company to be valid.
2.3 By accepting delivery or collecting the Equipment, the Hirer agrees to be bound by these Terms & Conditions, unless otherwise agreed in writing.
2.4 Relationship to Other Documents:
- These Equipment Rental Terms & Conditions operate in conjunction with theglitch.co T&C and the Company’s Privacy Policy.
- They do not govern any membership services offered by Growntree’s Desk Services (GDS). If the Hirer uses the Equipment on GDS premises, the Hirer must also comply with GDS’s separate rules and disclaimers.
2.5 VAT Status:
- Unless otherwise stated, all hire charges for the Equipment are subject to VAT at the applicable rate, because The Glitch Collective Ltd. is VAT-registered (No. GB431493505).
- Any quoted prices will indicate whether VAT is included or excluded.
3. Delivery and Risk
3.1 Collection by Hirer:
- Unless otherwise specified in writing, the Hirer is responsible for collecting the Equipment from the Company’s premises at:
Unit 26, Grow Studios, 86b Wallis Road, Hackney Wick, London E9 5LN, UK
3.2 Delivery by Company:
- If delivery, collection, or transportation services are required, the Company may arrange this at an additional cost, subject to prior agreement.
- The Company is not liable for delays or failures in delivery caused by circumstances beyond its reasonable control.
3.3 Passing of Risk:
- Risk in the Equipment passes to the Hirer upon the Equipment leaving the Company’s premises.
- The Hirer bears all responsibility for loss or damage to the Equipment from that point until it is returned to the Company in accordance with these Terms.
3.4 Liability for Delays:
- The Company shall not be liable for any direct or indirect losses arising from late delivery or collection caused by events beyond its reasonable control.
4. Payment Terms
4.1 Invoicing & Due Date:
- Payment is due upon receipt of the Company’s invoice unless otherwise agreed in writing.
- The Hirer shall make payment in full, including any applicable VAT, before or upon collection/delivery of the Equipment, unless credit terms have been granted.
4.2 Late Payments:
- Late payments may incur charges in line with standard UK practices, including statutory interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (if applicable).
4.3 Deposit:
- A refundable deposit of £250 is required for the duration of the hire period.
- This deposit shall be invoiced and may be subject to VAT if it is classified as a deposit for services rather than a security deposit. The Company will clarify on the invoice.
- Upon satisfactory return of the Equipment in accordance with these Terms (and settlement of any outstanding fees), the deposit will be refunded within 14 days.
4.4 Late Return Charges:
- If the Equipment is returned after the agreed hire period, additional hire charges at the daily rate (plus VAT, if applicable) will apply.
- The Company reserves the right to claim further proven losses resulting from the Hirer’s late return if it causes the Company to lose other business opportunities.
5. Hirer’s Obligations
The Hirer agrees to:
5.1 Proper Use:
Use the Equipment in a skilled and careful manner, following any operating or safety instructions provided by the Company.
5.2 Restricted Conditions:
Not expose the Equipment to conditions likely to cause undue damage (e.g., lasers, underwater use, extreme heat/cold, stunts) without prior written consent from the Company.
5.3 Inspection & Notification:
Regularly inspect the Equipment during the hire period and promptly notify the Company of any defects or issues.
5.4 Security & Safekeeping:
Ensure the Equipment is stored securely at all times and not left unattended in vulnerable locations.
5.5 No Sub-Lease:
Not sublease, rent, assign, mortgage, pledge, or otherwise part with possession or control of the Equipment to another party.
5.6 No Unauthorized Repairs:
Not attempt to repair, adjust, or modify the Equipment without the Company’s prior written approval.
5.7 Return in Same Condition:
Return the Equipment in the same condition as received, reasonable wear and tear excepted.
5.8 Legal Compliance:
Comply with all applicable laws, regulations, and directives related to the use and possession of the Equipment.
6. Insurance
6.1 Hirer’s Insurance:
- The Hirer is fully responsible for insuring the Equipment against loss, theft, or damage for its full replacement value during the hire period.
- The Company’s public liability or premises insurance does not cover any loss or damage incurred off-site or in the Hirer’s possession.
6.2 Proof of Coverage:
Prior to releasing the Equipment, the Company may request proof of valid insurance adequate to cover the Equipment’s replacement value.
7. Liability and Indemnity
7.1 Indirect & Consequential Loss:
The Company is not liable for any indirect, incidental, or consequential loss (including loss of profit or goodwill) arising from the hire or use of the Equipment.
7.2 Liability Cap:
- The Company’s total liability in contract, tort (including negligence), misrepresentation, or otherwise shall not exceed the total hire charges (including VAT) paid by the Hirer for the specific hire period.
- Nothing in these Terms limits the Company’s liability for death or personal injury caused by its gross negligence or fraud, or any other liability that cannot be excluded by law.
7.3 Indemnification:
The Hirer agrees to indemnify and hold harmless the Company against all liabilities, claims, damages, losses, and expenses (including legal costs) arising out of or connected to the Hirer’s use or possession of the Equipment.
7.4 Use on Third-Party Premises:
If the Equipment is used at premises owned or managed by a third party (including Growntree’s Desk Services), the Hirer must comply with that location’s rules and disclaimers. The Company accepts no liability for accidents or losses arising from conditions on third-party premises.
8. Termination & Cancellation
8.1 Hirer Cancellation:
- The Hirer may cancel the hire agreement up to 24 hours before the agreed collection or delivery time without penalty.
- Cancellations made less than 24 hours before the hire period commences will incur a charge equivalent to one day’s hire rate (plus VAT if applicable).
8.2 Company Termination:
- The Company may terminate the hire immediately if the Hirer breaches these Terms, becomes insolvent, or if the Company’s rights in the Equipment are jeopardized.
- If terminated, the Hirer must promptly return the Equipment. The Company reserves the right to enter any premises where the Equipment is located to recover it.
8.3 Consumer Rights:
If the Hirer is a consumer, certain statutory cancellation rights under Consumer Contracts Regulations may apply, except where performance of the hire service has already begun (e.g., Equipment has left the premises).
9. Damage, Loss, and Repairs
9.1 Responsibility:
The Hirer is responsible for any loss or damage to the Equipment from the time it leaves the Company’s premises until it is returned and checked in.
9.2 Assessment & Costs:
Upon return, the Company will assess the Equipment. If damaged, the Hirer agrees to pay the full cost of repairs or replacement (at current market value) within a reasonable timeframe set by the Company.
9.3 Loss or Theft:
In the event of loss or theft, the Hirer must immediately notify the Company and the police. The Hirer shall provide all necessary documentation for an insurance claim.
9.4 Ongoing Hire Charges:
Hire charges continue to accrue until full payment for repair or replacement is received by the Company (or the Equipment is returned in satisfactory condition).
10. Governing Law and Dispute Resolution
10.1 Applicable Law:
These Terms and Conditions are governed by the laws of England and Wales, without regard to conflict-of-law provisions.
10.2 Jurisdiction:
Both parties agree to submit to the exclusive jurisdiction of the English courts in London for resolving disputes, unless local consumer laws require otherwise.
10.3 Alternative Dispute Resolution:
The parties may attempt to resolve disputes through mediation or arbitration before commencing formal legal proceedings.
11. Confidentiality and Data Protection
11.1 Data on Equipment:
Any data stored on returned Equipment (e.g., drives, memory cards) will be securely erased upon return. The Hirer acknowledges that such data may be irretrievably lost.
11.2 Privacy Policy:
Personal data collected for equipment hire is subject to the Company’s Privacy Policy, available on [theglitch.co]. For details on data rights and processing, please review that policy.
12. Amendments and Entire Agreement
12.1 Entire Agreement:
These Terms constitute the entire agreement between the Company and the Hirer regarding the equipment hire. They supersede any prior understandings or representations, oral or written.
12.2 Written Amendments:
Any amendments must be in writing and signed by authorized representatives of both parties.
13. Force Majeure
13.1 Excusable Delays:
The Company shall not be liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control (e.g., strikes, natural disasters, pandemics, government actions).
13.2 Notice:
If a force majeure event occurs, the Company will notify the Hirer as soon as reasonably possible, and the parties shall discuss equitable solutions (e.g., rescheduling).
14. Notices
14.1 Method of Notice:
Any notice required under these Terms must be in writing and delivered to the addresses specified by the parties—either in person, by registered mail, or by email with confirmation of receipt.
14.2 Company Contact:
The Glitch Collective Ltd.
Unit 26, Grow Studios
86b Wallis Road, Hackney Wick
London E9 5LN, UK
Email: contact@theglitch.co
15. Acknowledgment
By proceeding with the hire, the Hirer acknowledges and agrees to all provisions in these Equipment Rental Terms & Conditions, as well as the theglitch.co T&C where referenced.