1.1 “The equipment" shall mean goods, components, and other items hired or sold

by Prolink Radio Systems Ltd., or any part thereof.

1.2 “The customer" is the person, firm, corporate or public body hiring or purchasing the equipment.

Any person purporting to act on the behalf of the Customer shall be bound by the contract.

1.3 “Consequential loss" shall mean loss of profits, contracts or other consequential

loss or damages whatsoever.

1.4 “Interest" shall mean interest calculated in accordance with clause 4.1.

2.1.1 Hire charges commence from the date stated in the contract and are payable

for the period of hire.

2.1.2 Equipment must be returned by the date specified in the contract in a clean

and serviceable condition and the customer must obtain the suppliers receipt.

2.1.3 Additional charges accrue at the full daily rate together with consequential loss

in the event of the breach of these conditions or the equipment not being available

for use by other Customers.

2.1.4 Prolink Radio Systems Ltd. provides spare batteries and headsets

with equipment where appropriate. These and any batteries and headsets replaced

must be returned with the equipment and in default, their full replacement cost will be

charged.

2.1.5 All charges are payable on demand.

2.2.1 The hiring period commences on the date specified in the contract and

continues for the period specified in the Contract and terminates on

the last day of the hiring period

2.3.1 The signatory to the contract warrants that they are duly authorised on the

Customer’s behalf to enter into the Contract and hereby personally indemnifies

Prolink Radio Systems Ltd. against all losses and costs that may be incurred by

Prolink Radio Systems Ltd if this is not the case.

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2.4.1 The Customer’s responsibilities for the Equipment commences on receipt of

the Equipment by the Customer or his agent or on delivery and ends when the

customer is in possession of Prolink Radio Systems Ltd’s unqualified receipt for the

safe return of all the Equipment.

2.4.2 The Customer shall not at any time sell, dispose or otherwise part with control

of the Equipment to do so.

2.4.3 The signatory for the contract and the Customer jointly and severally undertake

with Prolink Radio Systems Ltd., that everyone who uses the Equipment has been

properly instructed in it’s safe and proper operation and will ensure that every user is

in possession of necessary instructional material and further will not allow the

Equipment to be misused.

2.4.4 The Customer will at all times fully indemnify Prolink Radio Systems Ltd

against any expense liability financial loss, claim or proceedings whatsoever in

respect of any personal injury or damage to, or any loss of any property arising out of

or in connection with the delivery, hire, use,non use, repossession, collection, return

or non return of the Equipment.

2.4.5 Nothing in this clause shall affect the statutory rights of the Customers or

purport to exclude any liability, which may not be excluded under the Unfair Contract

Terms Act 1977.

2.5.1 Any electrical equipment must be used with plugs and/or sockets as fitted.

2.5.2 If other plugs or sockets are to be fitted by the Customer, such work shall be

carried out by a competent person who shall also reinstate the same to the original

condition prior to redelivery.

2.5.3 The customer shall be responsible at all times to arrange a proper supply of

electricity for use with the Equipment and ensure that the Equipment shall at all

times be properly earthed.

2.6.1 The Customer shall ensure that the Equipment remains serviceable and clean

during the hire period.

2.6.2 Any breakdown or unsatisfactory working of Equipment shall be immediately

notified to Prolink Radio Systems Ltd.

2.6.3 The Customer shall under NO circumstances attempt to repair the Equipment

without prior authorisation from Prolink Radio Systems Ltd.

2.6.4 Any damaged or unsatisfactory Equipment must be

returned to Prolink Radio Systems Ltds premises for examination at the Customer’s

cost.

2.6.5 If the Equipment is involved in any accident resulting in damage to either the

Equipment or other property or injury to any person the Customer shall notify Prolink

Radio Systems Ltd., immediately.

2.6.6 Equipment must not be removed from any site originally specified by the

Customer or from any subsequently authorised site without prior consent of Prolink

Radio Systems Ltd.

2.7.1 The Customer shall ensure that the Equipment is compatible and may safely

be used with any other equipment being used by the Customer .

2.7.2 The Customer shall be responsible for ensuring that any Equipment is suitable

for their purposes .

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2.8.1 The Customer agrees to pay Prolink Radio Systems Ltd., the full retail cost of

any Equipment lost, stolen or damaged beyond economic repair.

2.8.2 The Customer shall insure the goods against the above liability.

2.8.2 All monies received by the Customer from any insurance company or third

party in settlement of any claim shall be held in trust by the Customer and paid to

Prolink Radio Systems Ltd., on demand, to the extent that any such payment is due

under this clause.

2.8.4 The Customer shall not compromise or settle any claim without the express

consent of Prolink Radio Systems Ltd.

2.8.5 In the case of the Equipment, which is lost, stolen or damaged beyond

economic repair, the customer shall pay a charge at the full daily rate together with

interest with consequential loss until the Equipment is replaced.

2.9.1 The Customer is fully responsible for care, safekeeping and return in good

order of the Equipment.

2.9.2 The Customer will reimburse all costs incurred by Prolink Radio Systems Ltd.,

in rectifying the condition of the Equipment returned damaged or unclean and shall in

addition, pay a charge at the full daily hire rate together with interest and any

consequential loss until rectification.

2.10.1 Prolink Radio Systems Ltd., shall be entitled to terminate the contract with

immediate effect and to repossess the Equipment if at any time;

• The Customer is in breach of these terms; or

• The Customer shall take any steps, or if any act or proceeding is commenced in

which the customer’s solvency is, in the reasonable view of Prolink Radio Systems

Ltd., in doubt.

2.10.2 The Customer hereby authorises Prolink Radio Systems Ltd., to enter any

property which Prolink Radio Systems Ltd., reasonably believes to contain any

equipment belonging to Prolink Radio Systems Ltd.,

in their absolute discretion, may recover and remove the Equipment.

2.10.3 The Customer hereby authorises Prolink Radio Systems Ltd.,

(not withstanding any subsequent instruction to the contrary after the date of the

commencement of the Contract) to deduct any sums properly due to Prolink Radio

Systems Ltd., arising under the breach of these terms from

any credit card /debit card or charge account details of which are in the possession

of Prolink Radio Systems Ltd.

3.1.1 The risk in the Equipment shall pass to the customer immediately on delivery to

the Customer at the address shown for delivery on the contract or if the customer

collects, on collection.

3.1.2 Property and title in the Equipment shall remain vested in Prolink Radio

Systems Ltd., and Prolink Radio Systems Ltd., reserve the right to dispose of the

Equipment until such time as the price shall have been paid in full.

3.1.3 If any part of the payment is overdue or if the customer is in breach of any of

these terms, or if the customer, or any third party, shall take steps or any act or

proceeding, in which, in the reasonable view of Prolink Radio Systems Ltd., the

customer’s solvency is in doubt, Prolink Radio Systems Ltd., may (without prejudice

to any of Prolink Radio Systems Ltds., other rights) recover or resell the equipment

and may enter upon the Customer’s or any third parties property for that purpose.

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3.2.1 The customer or any duly appointed person on behalf of the customer shall

receive and unload the equipment and shall check the same for quantity and

condition in the presence of Prolink Radio Systems Ltd’s carrier .

3.2.2 Any shortage or unsatisfactory equipment shall be endorsed by the customer

or a duly authorised person on behalf of the customer on the delivery document and

the customer shall give written conformation to Prolink Radio Systems Ltd., within 3

day s.

3.2.3 No claim in respect of shortage of or unsatisfactory condition of the equipment

shall be entertained by Prolink Radio Systems Ltd unless clause 3.2.2 is observed.

3.2.4 This condition does not affect the statutory rights of the customer.

3.3.1 Where account facilities have been granted to the customer in writing all

invoices must be paid within 30 days of invoice date.

3.3.2 Where no such facilities have been granted, payment will be with order or

where previously agreed on delivery

4.1.1 Where payments are not made on the due date, Prolink Radio Systems Ltd.,

will be entitled to interest on the amount that is overdue at Lloyds TSB Bank plc

base rate prevailing for the period for which such monies are overdue together with

4% calculated on a day to day basis compounded with quarterly rests

4.1.2 The payment of such interest shall be without prejudice to any other rights or

remedies or Prolink Radio Systems Ltd.

4.1.3 Any legal or other charges incurred in the recovery of money or equipment

shall be paid by the customer.

4.1.4 Notwithstanding any provision in these terms of business to the contrary the

customer shall, if required by Prolink Radio Systems Ltd., pay such sum on account

of the hire charges or price of goods and or services shall be agreed at the time of

placing the order .

4.2.1 Prolink Radio Systems Ltd’s liability for any defect in the

equipment shall be limited to and in no case exceed:-

• Any manufacturers warranty sold with the equipment; or if there shall be none

• Replacement or repair of the defective equipment; or

• At Prolink Radio Systems Ltd’s option a refund of the price.

4.2.2 Consequential losses. Nothing in these terms shall make Prolink Radio

Systems Ltd., liable for any consequential loss to the customer including any

expense liability loss claim or preceding whatsoever caused by or arising out of late

delivery, non delivery, unsuitability, incompatibility or unlawful repossession of the

equipment or any part thereof or any breakdown or stoppage of the same.

4.3.1. Subject to 4.2 above, Prolink Radio Systems Ltd., shall not

be liable for any loss other than that which directly arises from any injury to persons

or damage to tangible property where, and only to the extent that such injury or

damage is caused by any defect in the equipment and where such defect is caused

by the negligence of Prolink Radio Systems Ltd.

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4.4.1 Any failure by Prolink Radio Systems Ltd., to enforce any or all of these

conditions shall not be construed as a waiver of any of Prolink Radio Systems Ltd’s

rights hereunder.

4.4.2 If any term in this contract shall be held invalid, such invalidation shall not

affect the validity of the remaining terms.

4.5.1 These conditions have effect in substitution for and to the exclusion of any

condition put forward by the customer.

4.6.1 All times quoted or stated for delivery are approximate only.

4.6.2 Hire charges or sale prices do not include carriage. Any expenses incurred by

Prolink Radio Systems Ltd., in delivery or recovering equipment or attempting the

same will be paid by the customer.

4.6.3 Where carriage charges are quoted by Prolink Radio Systems Ltd., such

charges will include only for the time to load or unload alongside the Prolink Radio

Systems Ltd’s., vehicle at the address specified by the customer . Further time or

attendance will be paid for by the customer

4.7.1 Prolink Radio Systems Ltd., notifies the customer that playing or showing

copyright material in circumstances where the customer or anyone authorised by him

does not hold the appropriate license of the copyright holder will infringe copyright

and may become liable in damages for doing so.

4.7.2 The customer, by accepting delivery or sound or visual reproduction equipment

warrants that he has or will obtain the appropriate License for the said performance

playing or showing, prior to using the equipment for the said performance.

Prolink Radio Systems Ltd., - Terms and Conditions of Sale and Hire

Please sign and return.

Company………………………………….

Name………………………………………

Signature………………………………….

Position……………………………………

Date………………………………………..

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