Hire Terms & Policies
Terms and Conditions for the Purchase of Goods and Hire of Equipment
This document comprises a summary of Film First Ltd. “Terms and Conditions” that are the basis of all contract “Rental Agreements” between Film First Ltd. and the “Hirer”. The Hirer shall mean any person, persons or body corporate entering into a rental agreement with Film First Ltd. for the purchase of “Goods” and rental of “Equipment”. These terms and conditions will be formalized when Film First Ltd. provide the Hirer with a “Quote” and the hirer accepts that quote, and will come into force when Film First Ltd. dispatch the goods and equipment from their premises.
Period of Hire:
1. The period of hire shall commence with the Hirer taking possession of the goods and equipment and shall terminate when it is returned.
2. Where equipment is delivered or collected by the Hirer, Hirer’s servant or agents, such delivery or collection is at the Hirer’s risk and expense and the Hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves Film First Ltd. premises until it is returned to Film First Ltd. premises whether or not the equipment is being delivered or collected by Film First Ltd. or is in the custody of Film First Ltd., it’s directors, servants or agents.
3. The Hirer must take possession of the hired goods and equipment on the agreed “Start date” of hire and at the specified “Time”, and equally return the equipment on the agreed “Return date” of hire and at the specified time.
Delivery:
1. Film First Ltd. will seek to deliver the goods and equipment ordered within the time by the Hirer. However, such time shall not be a condition of the contract, and Film First Ltd. shall not be liable for any losses incurred by the Hirer whether directly or indirectly as a consequence of any late delivery of goods or inability to supply the goods and equipment ordered.
2. The Hirer agrees to make the equipment available for collection at such date and time as contracted and in a condition that complies with the full performance of the obligations under this agreement. If any of the equipment is not available for collection, Film First Ltd. may charge for the continued hire of such equipment until this is returned or replaced by the hirer.
3. Delivery and collection charges are those set out in the quote. However, if you require delivery or collection other than on the dates and at the times set out in the Quote, this may incur extra charges.
4. If delivery and/or collection is made to the Delivery Address on more than one occasion, Film First Ltd. will make a charge for each additional journey made. The Hirer will be present at the Delivery address and will provide suitable access and parking for delivery and collection of the goods and equipment to take place. The Hirer will pay all parking fines incurred on delivery and/or collection.
5. If required the Hirer will sign a receipt confirming that they have inspected the goods and equipment and found it to be in good condition and complete, and are therefore “Satisfied”.
Goods and Equipment:
1. Once the Hirer has satisfied that all goods and equipment received substantially conform to their specification, are of satisfactory quality, are in an undamaged condition, and in good working order, they do by agree to return the equipment in the same condition.
2. All equipment on hire remains the absolute property of Film First Ltd.
3. The Hirer shall have no authority to transfer or otherwise part with possession of the hired equipment during the period of hire.
4. In the event that the Hirer intends to take the hired equipment out of the main land of England, Scotland or Wales or use the same for any abnormal or hazardous assignment then written consent must first be obtained from Film First Ltd. who may at their sole discretion vary the terms of this rental agreement.
5. The Hirer agrees to use the hired equipment in a skillful and proficient manner, operated by suitably competent individuals, not under the influence of drugs or alcohol, and with constant supervision if the equipment is being operated in the vicinity of children.
Damage or Loss to Equipment Hired:
1. It shall be the absolute responsibility of the Hirer to ensure the safe keeping of the equipment and the Hirer will indemnify Film First Ltd. in respect of any loss or damage howsoever caused whilst in the Hirer’s possession.
2. If any of the goods or equipment break down or are damaged and are in need of repair during the “Period of Hire” the Hirer shall not make any attempt to examine, diagnose, or repair the Hired goods and equipment. All damage or loss will be notified to Film First Ltd. immediately.
3. The Hirer shall be liable to pay the full cost of repair and / or replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same or nearest available specification.
4. In the event of loss or damage to equipment the period of hire will without further reference to the Hirer extend until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.
5. Film First Ltd. will within reason arrange the repair of damaged equipment for which the Hirer will be charged. If the equipment is unable to be repaired, Film First Ltd. will replacement it and make the corresponding charge to the Hirer.
Liability:
1.The Hirer will provide adequate and appropriate insurance to cover the full, new for old replacement cost of the goods and equipment in the event of loss, theft, damage or imperfection. The pertinent documentation for this insurance will be facilitated to Film First Ltd. by the Hirer at the acceptance of the quote.
2. Film First Ltd. shall not be liable under any circumstances whatsoever for losses incurred by the Hirer due to faulty or non-functioning equipment during the period of hire. Film First Ltd. will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.
3. The Hirer will indemnify Film First Ltd. at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the goods and equipment hired, made by a third party.
4. The Hirer will assume full responsibility for the loss, injury or damage suffered by any person (including without limitation the Hirer) because of the presence of the equipment, the delivery, possession, hiring, transportation, condition, use, operation, removal or return of the hired goods and equipment
Rental Fees and Payment:
1. The Hirer will pay the rental fee as specified in the Rental Agreement plus V.A.T. Film First Ltd. reserves the right to charge a cancellation fee not exceeding the full rental charge under the Rental Agreement.
3. All fees under the Rental Agreement will be discharged at the time of the Hirer returning the equipment or with the specific consent of Film First Ltd. up to thirty days after the date of any invoice subsequently issued.
4. Film First Ltd. reserve the right to charge at the daily rate for any late returned equipment.
5. Film First Ltd. reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency or liquidation of the Hirer.
6. Where the Hirer is a body of corporate registered in the United Kingdom, Film First Ltd. in their sole discretion require a surety to the rental agreement. The surety hereby agrees to indemnify Film First Ltd. in respect of all sums due under the rental contract in the event of partial or total default by the Hirer Company.
7. Payment for goods and equipment ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Film First Ltd. shall have agreed such facility in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of thirty days.
8. Film First Ltd. reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis.
9. Where an order made by customers is accepted by Film First Ltd. and a deposit is paid over by the Hirer and such sum is agreed between the parties, Film First Ltd. reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order.
Terms and Conditions:
With reference to the above exposed Terms and Conditions, they serve as a summary of the salient points for the success of the “Rental Agreement” between Film First Ltd. and the Hirer Film First Ltd.´s expanded and equally legally binding Terms and Conditions, are available at the Hirers request, The Hirer may solicit these, and any further clarification they may require directly from Film First Ltd.