STANDARD TERMS OF HIRE
1.1. In these Terms:
“Equipment” means the Equipment (including any parts for them) which Film Store Rental Ltd is to supply in accordance with these Terms.
“Film Store Rental” means Film Store Rental Limited, Unit 13 Falcon Court, St Martins Way, London SW17 0JH
“Hirer” means the company firm or individual which accepted Film Store Rental’s quotation for the Hire of the Equipment
“Terms” means the standard terms of hire set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Hirer and Film Store Rental
2. Basis of the Hire
2.1 Film Store Rental shall hire the Equipment to the Hirer in accordance with Film Store Rental’s quotation subject to these Terms which shall govern the hire agreement between the parties to the exclusion of any other terms.
2.2 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Hirer and Film Store Rental.
2.3 Any advice or recommendation given by Film Store Rental or its employees to the Hirer or its employees as to the storage, application and use of the Equipment if followed is acted on entirely at the Hirer’s own risk and accordingly Film Store Rental shall not be liable for any such advice or recommendation.
3.1 The Hirer shall be responsible to Film Store Rental for ensuring the accuracy of any order (including any applicable specification) submitted by the Hirer.
3.2 The description of the Equipment and any specification for it shall be as set out in Film Store Rental’s quotation. In the absence of a specific piece of equipment Film Store Rental will provide a suitable alternative.
4.1 The Hirer will not cancel any hire agreement except with the agreement in writing of Film Store Rental and on terms that the Hirer shall indemnify Film Store Rental in full against all loss (including loss of profit) costs (including the cost of all labour and materials), damages, charges and expenses incurred by Film Store Rental as a result of cancellation.
5. Hire Period
5.1 The Hire Period commences on delivery (see clause 9 below);
5.2 The Hire Period terminates on the day of return of the Equipment to Film Store Rental or sooner under clauses 17 and 18.
6. Hire Charges
6.1 Payment for hire of Equipment shall be Film Store Rental’s quoted rate for the Hire Period or where no rate has been quoted (or a quoted rate is no longer valid), the rate listed in Film Store Rental’s published rate card current at the date of the agreement.
6.2 All rates quoted are valid for 30 days only, after which they may be altered by Film Store Rental without giving notice to the Hirer.
6.3 Film Store Rental reserves the right by giving written notice to the Hirer at any time before delivery, to increase the rate of the hire of the Equipment to reflect any increase in costs to Film Store Rental which is due to any factor beyond the control of Film Store Rental (such as, without limitation, alteration of duties, significant increase in the cost of labour, materials or other costs), any change in delivery dates, quantities or specifications for the Equipment which is requested by the Hirer or any delay caused by any instructions of the Hirer or failure of the Hirer to give Film Store Rental adequate information or instructions.
6.4 The rate is exclusive of any applicable value added tax which the Hirer shall be additionally liable to pay to Film Store Rental.
7. Terms of Payment
7.1 Subject to any special terms agreed in writing between the Hirer and Film Store Rental, Film Store Rental shall invoice the Hirer on or at any time after delivery of the Equipment.
7.2 The Hirer shall pay the full charges for the Hire Period without any deductions on the terms agreed and Film Store Rental shall be entitled to recover payment. The time of payment shall be of the essence of the agreement. Receipt for the payment shall be issued only on request.
7.3 If the Hirer fails to make any payment on the due date then, without limiting any other right to remedy available to Film Store Rental, Film Store Rental may:
7.3.1 cancel the contract or suspend any further deliveries to the Hirer;
7.3.2 charge the Hirer interest (both before and after any Judgment) on the amount paid at the rate of 5% above the base rate of the Bank of England from time to time, until payment in full is made (part of a month being treated as a full month for the purpose of calculating interest).
8. JFMG Licence
8.1 Subject to the provisions of clause 11.4 Film Store Rental may on agreement between the parties apply on the Hirer’s behalf for JFMG licences for which a fee in addition to the hire charges shall be payable.
9.1 Delivery of the Equipment shall be made either
9.1.1 by the Hirer or its agent collecting the Equipment at Film Store Rental’s premises;
9.1.2 by Film Store Rental or its agent delivering the Equipment to a place agreed by the parties.
9.2 The hire sheet must be signed by the Hirer or its authorised representative. By so signing, the Hirer accepts that the Equipment is of satisfactory quality and fit for its purpose.
9.3 Any damage to the Equipment on delivery must be noted by the Hirer or its authorised representative on the hire If the Hirer does not notify Film Store Rental accordingly, the Hirer shall not be entitled to reject the Equipment and Film Store Rental shall have no liability for any defect or failure and the Hirer shall be bound to pay the full Hire Payment as if the Equipment had been delivered in accordance with the hire agreement.
10. Risk and Property
10.1 Risk of damage to or loss of the Equipment shall pass to the Hirer on 10.2 Ownership of the Equipment at all times belongs to Film Store Rental.
11. Hirer’s use of the Equipment
11.1 The Hirer shall not make any modifications to the Equipment, dismantle the Equipment nor remove from the Equipment any notice, bar code or serial number without the prior written consent of Film Store Rental.
11.2 The Hirer shall not permit the Equipment to be used in any hazardous or dangerous manner.
11.3 It is the Hirer’s responsibility to ensure that the Equipment is used only in a proper manner for the purpose for which it was intended and designed by a competent person or persons without risk to health and safety and not contrary to any law.
11.4 The Hirer must apply for any licences, authorisations or permits necessary regarding possession and use of the Equipment in any jurisdiction.
12. Redelivery and Storage
12.1 The Equipment must be returned by the Hirer to Film Store Rental at the Hirer’s own risk and expense in good condition and state of repair either:
12.1.1 by the Hirer returning the Equipment to Film Store Rental’s premises; or
12.1.2 by Film Store Rental collecting the Equipment from a location agreed between the 12.2 Prior to its return the Hirer must erase all recorded content whether audio, data or video.
12.3 Film Store Rental is entitled to retake possession of the Equipment in the event of the Hirer’s failure to return it and to exercise its full rights for retaking possession including entry onto land or premises for that purpose.
13. Warranties and Liability
13.1 Film Store Rental shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without Film Store Rental’s approval.
13.2 Film Store Rental shall be under no liability in respect of any parts, materials, or equipment in respect of which the Hirer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Film Store Rental.
13.3 If for any reason Film Store Rental is unable to provide the Equipment under the Hire Agreement Film Store Rental shall bear no responsibility to the Hirer for any loss including consequential loss arising thereon.
13.4 Subject as expressly provided in these Terms all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13.5 Except in respect of death or personal injury caused by Film Store Rental’s negligence, Film Store Rental shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term or any duty at common law or under the express term of the Agreement, for loss of profit or for any indirect special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Film Store Rental re, its employees or agents or otherwise) which arise out of or in connection with the supply of the Equipment (including any delay in supplying or any failure to supply the Equipment in accordance with the contract or at all) or their use by the Hirer, and the entire liability of Film Store Rental under or connection with the contract shall not exceed the total hire payments under the contract except as expressly provided in these Terms.
14.1 Whilst Film Store Rental shall endeavour to provide the latest released version of any software in relation to the Equipment, it is the Hirer’s entire responsibility to ensure any equipment, system and/or network compatibility.
15. Loss or damage to equipment
15.1 The Hirer has responsibility for the safe keeping of the Equipment throughout the Hire Period.
15.2 The Hirer must immediately inform Film Store Rental of any failure of damage to or loss of the Equipment.
15.3 The Hirer shall not carry out any repairs to the Equipment arising out of misuse or mishandling of the Equipment without first obtaining Film Store Rental’s authority to do so.
15.4 The Hirer shall indemnify Film Store Rental in full for the costs of any repairs.
15.5 The Hirer shall indemnify Film Store Rental in full for the replacement of any lost or damaged Equipment or Equipment which in the view of Film Store Rental is uneconomic to repair in the value of new replacement equipment and for any consequential loss to Film Store Rental arising out of the loss or damage of the Equipment.
15.6 During any period in respect of which the Hirer has not already paid to Film Store Rental any hire charges for Equipment which is lost or damaged, until such lost or damaged Equipment is replaced or repaired the Hirer shall compensate Film Store Rental in full for the loss of use of the lost or damaged Equipment at a rate equivalent to the hire charges currently made by Film Store Rental for such equipment.
16.1 The Hirer shall keep insured for the Hire Period all Equipment to its full replacement value under the contract with reputable insurers approved by Film Store Rental for:
16.1.1 all loss and damage to the Equipment to its full replacement value; 1.2 public liability to a maximum of £500,000.
16.2 The Hirer shall on demand provide Film Store Rental with the insurance certificate and details of the policy.
16.3 The Hirer shall ensure that the insurance policy names Film Store Rental as additional named assured for all rights and interests under the policy without Film Store Rental being liable to pay premiums for the policy.
16.4 In the event the Hirer fails to insure the Equipment under clause 1, Film Store Rental shall have the right (but is not obliged) to obtain insurance for the Equipment but the Hirer shall indemnify Film Store Rental for all losses including consequential losses arising out of the Hirer’s failure to insure under clause 16.1. The Hirer shall be additionally liable to pay to Film Store Rental the following sum or sums in addition to the total Hire
16.4.1 10% of the total Hire Charges where the Equipment remains in the United Kingdom;
16.4.2 12% of the total Hire Charges where the Equipment is taken outside the United Kingdom but within the European Union;
16.4.3 14% of the total Hire Charges where the Equipment is taken outside the European Union.
16.5 In the event Film Store Rental arranges insurance for the Equipment under clause 4, the Hirer shall be liable to pay the first £1,000 of any claim and a further £2,000 where a claim involves theft from a motor vehicle or premises or any other location where theft is not accompanied by forceful means.
17.1 If a claim is made against the Hirer that the Equipment infringe or that their use infringes the patent, copyright, design, trademark or other industrial or intellectual property rights of any other person, the Hirer shall indemnify Film Store Rental against all loss, damages, costs and expenses awarded against or incurred by Film Store Rental in connection with the claim or paid or agreed to be paid by Film Store Rental in settlement of the claim;
17.2 The Hirer shall at all times indemnify Film Store Rental its employees servants and agents against all actions costs claims proceedings or liabilities arising from or in connection with equipment materials crew or any other services provided to the Hirer by Film Store Rental.
18. Insolvency of Hirer
18.1 If the Hirer takes any steps in respect of insolvency proceedings, goes into liquidation, bankrupts or is wound up, or ceases or threatens to cease to carry on business, without limiting any other right or remedy available to Film Store Rental, Film Store Rental may cancel the If Equipment has been delivered but not paid for, the full Hire Payment shall become immediately due and payable.
19.1 In the event that the Hirer is in breach of any of its obligations under this agreement Film Store Rental shall be entitled to treat the contract as repudiated and demand the return of the The Hirer shall, however, remain liable to pay the full Hire Charges.
20.1 The Hirer must provide Film Store Rental with prior notification of its intention to take the Equipment outside the United Kingdom.
21.1 Notices under these terms shall be in writing addressed to the other parties at their registered office or principal place of business.
21.2 No waiver by Film Store Rental of any breach of the contract by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision.
21.3 If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.
21.4 The contract shall be governed by the laws of the England and the Hirer agrees to submit to the non-exclusive jurisdiction of the English courts.