Hire Terms & Conditions
Terms & Conditions of Hire These terms and conditions form the terms of our agreement with you, our valued client and customer. You are hiring state of the art equipment and consequently it is very important that you read this document carefully and ask us any questions that you may have.
KEY POINTS RESPONSIBILITY –You are responsible for the Hire Goods when they are in your possession. You must take great care of the equipment as set out in detail in this agreement. INSURANCE – You must have your own insurance in place for all hire agreements.
VEHICLES – Never leave equipment in an unattended or unlocked vehicle.
EXCLUSION OF LIABILITY – Liability for damage to your property and for economic and consequential loss e.g. loss of profits is expressly excluded. You must obtain insurance to cover consequential loss if this is a concern to you.
RISK, TITLE AND INSURANCE Risk in the Hire Goods and any Products passes immediately to you once they leave our physical possession and control. Risk in the Hire Goods (i.e responsibility for them) will remain with you and will revert to us once the Hire Goods are back in our physical possession. Title and ownership in the Hire Goods remains at all times withVIDEO PRODUCTION LONDON. You will have no right, title or interest in or to the Hire Goods at any time. You will not do or permit anything to be done which will or may jeopardise VIDEO PRODUCTION LONDON’s title. Title in any Products remains with VIDEO PRODUCTION LONDON until all monies payable to VIDEO PRODUCTION LONDON been paid in full.You must not deal with title or any interest in the Hire Goods; this includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting a lien and/or lending the Hire Goods but you may re-hire the Hire Goods to a third party with our prior written consent. You are responsible for the fully comprehensive insurance of the Hire Goods. If you make a claim on the insurance you will settle any claim with our written agreement and the proceeds of any claim will be paid to us immediately and if held by you held in trust to our order. You agree not to do or permit anything to be done which could invalidate any policy of insurance.
DELIVERY, COLLECTION AND SERVICES It is your responsibility to collect the hire goods from us. We may be able to deliver for a fee. You are responsible for the acts or omissions of your agents, employees, sub-contractors or any other person who acts on your behalf under this agreement. You are also responsible for the acts or omissions of our staff and agents where they are acting under your direction, instructions, guidance or advice. You will provide sufficient access to and from any relevant site and provide sufficient unloading space, facilities, equipment and access to the power supplies for our employees, subcontractors and /or agents to allow them to carry out the Services. You warrant that the site where the Services are to be performed is, where necessary, safe, cleared and prepared before the Services are due to commence. If any Services are delayed, postponed and/or are cancelled due to the your failing to comply with your obligations, then you will be liable to pay our additional standard charges from time to time for such delay, postponement and/or cancellation.
CARE OF HIRE GOODS You agree to take care not to interfere with the hire goods their working mechanisms or any other parts of them and take reasonable care of them and only use them for their proper purpose in a lawful, safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to you and to notify us immediately after any breakdown, loss and/or damage. You agree to take adequate and proper measures to protect the hire goods from theft, damage and/or other risks and notify us of any change of your address and upon our request provide details of the locations of the Hire Goods and permit us at all reasonable times to inspect the Hire Goods, including procuring access to any property where the Hire Goods are situated. You agree to keep the Hire Goods at all times in your possession and control and not to remove the Hire Goods from the United Kingdom without our prior written consent and be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or any operating instructions except to the extent that we have agreed to provide them as a part of any Services. You agree not to do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Hire Goods, not to continue to use the Hire Goods where they have been damaged and will notify us immediately if the Hire Goods are involved in any incident resulting in damage to or loss of the Hire Goods, other property and/or injury to any person. Where the Hire Goods require fuel, oil and/or electricity you agree to ensure that the proper type is used and then, where appropriate, the Hire Goods are properly fitted by a qualified by a competent person. You agree that the Hire Goods must be returned by you in good working order and condition and in a clean condition together with all insurance policies, licenses, registration and other documents relating to the Hire Goods.
BREAKDOWN,LOSS & DAMAGE TO THE HIRE GOODS Allowance will be made in relation to Rental to you for any non-use of Hire Goods due to the breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that you inform us immediately of the breakdown. You indemnify us and shall be responsible for all expenses, loss (including loss of Rental) and/or repairs or damage suffered by us arising from any breakdown of the Hire Goods due to your failures, negligence, misdirection and/or misuse of the Hire Goods. We will at our own cost carry out all the routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. You must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by us. If the Hire Goods are returned in damaged, unclean and/or defective state (except where due to fair wear and tear) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and the Rental until such repairs and/or cleaning have been completed. You will pay to us the replacement cost on a new for a old basis of Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to us under any policy of insurance taken out in accordance with these conditions. You shall also pay to us the continuing hire charges at published hire rates until we have been paid the amount representing the replacement cost of such Hire Goods.
TERMINATION BY NOTICE If the Hire Period has a fixed duration neither party will be entitled to terminate the Contract before the expiry of that fixed period unless otherwise agreed. If the Hire Period does not have a fixed duration either party is entitled to terminate the Contract upon giving to the other party any agreed period of notice. If no period has been agreed or specified you may terminate the Hire Period by the physical return of the Hire Goods to us. We shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to you.
REFUND POLICY Hire You have the right to cancel any order and be entitled to a full refund on rental charges, providing notice of 7 x business days from an order date are given.
LIMITATIONS OF LIABILITY All our warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law. In respect of any loss or damage to your property we expressly exclude our liability. Any defective Hire Goods must be returned to us for inspection, if requested by us before the accrual of any liability for defective Hire Goods. To the extent permitted by law, we shall have no liability to you if any monies due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment. We shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by your continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to you. You shall give VIDEO PRODUCTION LONDON a reasonable opportunity to remedy any matter for which we are liable before you incur any cause and/or expense in remedying the matter and any failure to do so shall extinguish our liability to you. We shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us. Without prejudice to the above, we shall have no liability to you for any: Consequential losses (including loss of profits and/or damage to goodwill); Economic and/or other similar losses, special damages and indirect losses; and/or business interruption, loss of business, contracts and/or opportunity, in each case, however caused, even if foreseeable and within the contemplation of the parties. Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each liability for breach of contract, liability in Tort (including negligence); and liability for breach of statutory duty. Nothing in this agreement shall exclude or limit our liability for death or personal injury due to our negligence. Video Production London is not responsible for the loss of Recorded Content from any cause whatsoever, including, but not limited to technical malfunction, physical damage, or errors on the part of Video Production London employees, agents, representatives, contractors or sub-contractors, nor any consequential loss or damage of any kind whatsoever.
VIDEO PRODUCTION LONDON MAKES NO GUARANTY, REPRESENTATION, WARRANTY, EXPRESS OR IMPLIED, AND THERE SPECIFICALLY IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO BOTH THE MEDIA AND RECORDING EQUIPMENT.