Terms and conditions - effective from 1 September 2023
Updated: January 2024
Any determination made by the Chief Executive Officer arising from the terms and conditions shall be final. Hertfordshire Music Service reserves the right to vary these terms and conditions at any time and without prior notice.
1. Introduction and eligibility
1.1. These Terms & Conditions (“Terms”) apply to the instrument hire services provided by Hertfordshire Music Service. Hertfordshire Music Service is a functioning department within, and part of, Hertfordshire County Council, with responsibilities to provide music services within and to the residents of Hertfordshire. In these Terms, “HMS” “we,” “us” means Hertfordshire Music Service, as the provider of the instrument hire services, and “You” and “User(s)” shall mean the users of such services.
1.2. By hiring an instrument from HMS you will be deemed to agree to these Terms and to the HMS privacy policy, which can be found here:
www.hertsmusicservice.org.uk/legal/privacy-customers.aspx
and which is incorporated by reference. HMS will use any personal data collected from you in connection with the instrument hire services provided under this Agreement in accordance with the said privacy policy.
2. Definitions
In these Terms, the following words have the following meanings:
Instrument - the musical instrument provided by or on behalf of HMS as part of this Agreement. All Instruments remain the property of Hertfordshire County Council and/or HMS and/or Hertfordshire Music Hub at all times.
Accessories - any additional items provided with the Instrument which relate to its use, but excluding Consumables, as defined below.
Consumables - any additional items initially provided with the Instrument that, when the Instrument is subject to reasonable use for its intended purpose, require periodic replacement. For example, but not limited to, reeds, strings and plectrums.
Fees – the charges payable for the hire of the Instruments, payable for the duration of the hire period [this definition could detail where the current Fees can be found, e.g. on a link or attached to the Terms].
Force majeure - any event outside the reasonable control of HMS or the Hirer, including, but not limited to, acts of God, war, flood, fire, riots, malicious damage, explosion, terrorism, and any other similar events.
Hirer (also “You” or “User”) - the person who hires the Instrument.
HMS (also “We” or “Us”) - Hertfordshire Music Service, a department of Hertfordshire County Council.
Hire period - the period commencing on the date the Hirer collects the Instrument and ending upon:
- the date the Hirer returns the Instrument and all Accessories, to HMS; or
- the date of repossession, or collection of the instrument and Accessories by HMS.
Third party – a party or individual who is not a party to this Agreement or the intended user of the Instrument including, but not limited to, teachers, friends, relatives or acquaintances of the intended user or instrument repair shops.
Wear and tear - any minor and/or superficial damage which does not impact the functionality of the Instrument or Accessories, as the case may be, including, but not limited to light scratching/scuffing.
3. Availability of Instruments
3.1. HMS does not guarantee the availability of any particular Instrument, model of Instrument, Accessory or Consumable and all such items provided through the Access to Instruments hire scheme are subject to availability.
3.2. HMS cannot guarantee the hire of any specific model of Instrument. Any wait times given for fulfilment of a request to hire an Instrument may vary due to demand and stock availability and are given as a guide only and are not legally binding. HMS will not be liable in any circumstances to a Hirer or any Third Party for any delay or failure to provide an Instrument or any claim or losses that may arise from any such delay or failure.
3.3. Due to obligations on HMS arising from the funding of the Instrument Hire Scheme, HMS are only able to make the Instruments available to Hirers who are resident in Hertfordshire and/or engaged in musical activities that are based in Hertfordshire.
4. HMS discretion and refusals
4.1. All Instruments are hired at the sole discretion of HMS. Any decision made by HMS with regard to whether or a not an Instrument or Accessory is to be made available for hire under this Agreement, or whether an Instrument is to be provided to a Hirer, is final.
4.2. HMS reserves the right to refuse to hire or provide any Instruments, Accessories, and Consumables at all times, including, but not limited to:
(i) any previous and/or outstanding debt of the Hirer relating to any HMS or Hertfordshire County Council service, including but not limited to late or non-payment of Fees and/or repair/replacement costs for Instruments previously provided through this hire scheme; or
(ii) any damage, loss, or theft of Instruments or Accessories previously provided by HMS to the Hirer; or
(iii) any behaviour by the Hirer toward a member of HMS staff that is considered unacceptable, including but not limited to verbal and/or written abuse, aggression, swearing or violent behaviour; or
(iv) any other circumstances in which HMS considers it would be inappropriate or detrimental to the Access to Instrument hire scheme.
5. Fees
5.1. Fees for the hire of the Instruments are payable per academic term, in advance. Fees are payable for the duration of the Hire Period.
5.2. At the commencement of Hire Period for an Instrument, the Hirer will be invoiced for payment of the Fees for the first academic term.
5.3. For any hire starting part-way through an academic term, the full Fees for the term will still be payable.
5.4. The Fees are subject to adjustment by HMS. HMS will give Hirers at least one term’s notice of any increase.
5.5. In addition to the Fees, Hirers will be responsible for any costs incurred by HMS to recover any outstanding Fees and/or other costs arising from non-compliance of this Agreement.
6. Hire Period
6.1. Your Hire Period will commence on the date you collect the Instrument.
6.2. The hiring process will be as follows:
6.2.1 Hirer requests hire of Instrument via SpeedAdmin.
6.2.2 HMS checks availability of instrument requested.
6.2.3 If Instrument available, SpeedAdmin generates specific hire agreement for Instrument, a copy of which is sent to the Hirer to sign electronically.
6.2.4 On receipt of agreement signed by Hirer, Instrument sent to collection point and Hirer sent email confirmation that Instrument is ready to collect.
6.2.5 Hirer collects Instrument on production of said email confirmation.
6.3. On the collection date you will not be permitted to take possession of the Instrument without providing the confirmation of hire email.
6.4. You will have a 14-day cooling off period, which commences when the Instrument is collected. Any fees paid will be refunded if the Instrument is returned undamaged within the said 14-day period.
6.5. You are not permitted to lease, sell, part with possession of or loan the Instrument to any Third Party throughout the duration of the Hire Period.
7. Damage, Loss, and Theft
7.1. You, as Hirer, will be responsible for the safe keeping of the Instrument and Accessories for the duration of the Hire period and, as such, you will be responsible for the entire cost of replacement or repair, as appropriate, of the Instrument and Accessories arising from any damage, loss, theft, use by a third party or event of Force Majeure that may affect the Instrument or Accessories, Fair Wear and Tear excepted.
7.2. HMS does not insure the Instrument and/or Accessories on your behalf and HMS strongly recommend that you obtain insurance to cover potential damage, loss, or theft to the Instrument and Accessories during the Hire Period.
7.3. In the event of any damage, loss, or theft to any Instrument or Accessories you are to notify HMS as soon as practicably possible, and, in any event, within 14 days, by contacting the HMS Instrument team via HMSinstruments@hertfordshire.gov.uk. HMS reserves the right to carry out an assessment of the Instrument and Accessories to ascertain condition.
7.4. HMS reserves the right to request a statement of cause from the Hirer in the event of any damage, loss, or theft occurring throughout the duration of the Hire Period.
7.5. You are not to carry out or arrange any repairs or periodic servicing to any Instrument or Accessory without obtaining the prior written permission of HMS.
7.6. Any assessment of condition carried out by HMS, acting reasonably, for the purposes of this Agreement, whether during or at the end of the Hire Period, shall be considered final.
8. Termination
8.1. If you are in material breach of these Terms and, where the breach is capable of remedy, do not rectify the said breach within 14 days of being given notice to do so, HMS may then terminate this Agreement with immediate effect.
8.2. If you are in material breach of these Terms and the breach is not capable of remedy, HMS may terminate this Agreement with immediate effect.
8.3. HMS reserves the right to terminate this Agreement without cause, on no less than 14-days’ written notice, such notice to end at the end of an academic term.
8.4. You may terminate this Agreement, on no less than 14 days’ written notice.
8.5. On termination of this Agreement under this Clause 8, for whatever reason:
8.5.1 you will be responsible for the Fees to the end of the academic term during which the Agreement is terminated. In that regard, no refund will be given of any Fees paid in advance and you will remain liable for any Fees that are unpaid at the date of termination.
8.5.2 you will be required to make arrangements with HMS to return the Instrument and Accessories. HMS reserve the right to charge a pro-rata daily Fee for any undue delay to the return of the Instrument or Accessories.
8.5.3 HMS will carry out an assessment of the Instrument and Accessories to ascertain condition of the Instrument and Accessories. You will be liable for any cost damage, repair or replacement that is required, Fair Wear and Tear excepted.
9. Consumables
9.1. Appropriate Consumables will be provided by HMS to the Hirer at the beginning of the Hire Period on collection of the Instrument.
9.2. Once a Consumable shows sign of use and is no longer in appropriate condition, it is considered used and must be replaced. It is the Hirer’s responsibility to replace Consumables during the Hire Period.
9.3. If an instrument is returned at the end of the Hire Period with missing consumables, or consumables which are no longer in appropriate condition, a one-off charge of £15.00 will be payable per Consumable to cover the cost of replacement.
10. Notices
10.1. Any correspondence or notices required to be sent to HMS under this Agreement may be sent by email to HMSinstruments@hertfordshire.gov.uk or by post to:
HMS Instrument Team,
Mid Herts Centre for Music & Arts,
Birchwood Avenue,
Hatfield
AL10 0PS
10.2. HMS will correspond and/or send notices to you in accordance with the details you submitted when applying to hire an Instrument. You must inform HMS of any changes to your contact details including home address, contact telephone number and/or email address as soon as practically possible.
11. General
11.1. Applicable Law - This Agreement shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
11.2. Rights of Third Parties - The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
11.3. Liability - In no circumstances will HMS be liable for the actions of Hirers when they use the Instruments, whether to Hirers themselves or Third Parties.
11.4. HMS reserve the right to change, suspend, or discontinue any aspect of the hire scheme at any time, including availability of Instruments, without notice or liability.
11.5. Disclaimer - Hirers use the Instruments at their own risk and HMS gives no guarantees or warranties as to quality, fitness for purpose or that the Instrument will meet your requirements