TERMS & CONDITIONS
The following conditions are applied to the hirer of equipment/goods supplied by Leeds Camera Hire.
Leeds Camera Hire shall not be liable for any delay in, or failure to, perform any of its obligations here under, if the delay or failure is caused by circumstances outside the reasonable control of the company.
In this contract the following words have the following meanings:
- “The Hirer” means the person, customer, firm, company, representative of a firm or company, or other individual or organisation hiring equipment from Leeds Camera Hire.
- “Hire Period” means the period commencing when the hirer holds the hired equipment on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of equipment by the hirer into Leeds Camera Hire possession; or (ii) the physical repossession or collection of hired equipment by Leeds Camera Hire.
- “Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.
- “Hire Goods” means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired to the Customer; “Cross Hired” means the hiring of equipment by Leeds Camera Hire from other equipment rental providers/suppliers on behalf of the hirer.
The Hirer agrees to the following:
Basis of Contract
1. The equipment on hire belongs to Leeds Camera Hire, unless the invoice states the goods are purchased in which case they belong to Leeds Camera Hire until payment has been received by Leeds Camera Hire in full.
2. The hirer shall take good care of the equipment and ensure it is used in a proper manner by persons having the necessary experience, training and qualifications. No attempt should be made to adjust, interfere with or repair the equipment. A charge will be added to the hire in the event of such evidence found on the equipment upon its return and may also include a charge for the recalibration of the equipment.
3. The hirer holds full responsibility for the equipment and no responsibility can be passed on to other persons/third parties.
4. The amount of any deposit, rental and/or charges for any services shall be as quoted to the hirer or otherwise as shown in Leeds Camera Hire’s current price list from time to time. Where a deposit is required for the hire goods it must be paid in advance of the hirer hiring the hire goods. Leeds Camera Hire may also require an initial payment on account of the rental in advance of the hirer hiring the hire goods.
5. The hirer is to pay the rental, charges for any services, monies for any products and/or any other sums payable under the contract to Leeds Camera Hire at the time and in the manner agreed.
6. Payments by the hirer on time and in accordance with the contract are an essential condition of the contract. Payment will not be deemed complete until Leeds Camera Hire has received either cash or cleared funds in respect of the full amount outstanding.
7. If the hirer fails to make any payment in full on the due date Leeds Camera Hire may charge the hirer interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate. Such interest shall be compounded with quarterly rests.
8. The hirer shall pay all sums due to Leeds Camera Hire under this contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
9. Leeds Camera Hire may set a reasonable credit limit for the hirer. Leeds Camera Hire reserves the right to terminate or suspend the contract for hire of the hire goods and/or the provision of services if allowing it to continue would result in the hirer exceeding its credit limit or the credit limit is already exceeded.
10. The hirer will pay Leeds Camera Hire an extra charge for each day the equipment is retained after the agreed date, which will not end until the equipment has been returned back to Leeds Camera Hire.
Delivery, Collection and Services
11. The hirer will notify Leeds Camera Hire as soon as possible if the equipment needs to be kept for a longer period than originally agreed; in such circumstances the extended period of equipment hire cannot be guaranteed and is dependent on availability and approval by Leeds Camera Hire.
12. The hirer will notify Leeds Camera Hire immediately if any damage is caused to the equipment.
13. The hire period will not be terminated until the equipment is returned to Leeds Camera Hire premises, at the hirer’s expense, unless a collection charge has been arranged by Leeds Camera Hire.
14. Fair wear and tear is accepted, provided that if the equipment is lost, damaged or destroyed the hirer will pay Leeds Camera Hire the extra hire charge (thirteen weeks loss of hire cover), until the equipment is fully replaced, repaired or recovered (where appropriate) and delivered to Leeds Camera Hire premises by the hirer.
15. If any services are delayed, postponed and/or are cancelled due to the hirer failing to comply with its obligations, the hirer will be liable to pay Leeds Camera Hire’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the hirer is acting as a consumer and the delay is due to a Force Majeure event.
16. The equipment is supplied to the hirer at the hirer’s risk in all respects. This may include unforeseen events during delivery including transportation and delivery failure. If being delivered, in the event of equipment failing to arrive at an agreed time to a hirer, Leeds Camera Hire will endeavour to re-arrange all of the hire period to an appropriate time and date.
17. The company director of Leeds Camera Hire holds the right to enter upon any premises on which equipment is believed to be kept, for the purpose of recovery of equipment. At the end of the termination date, the hirer shall compensate Leeds Camera Hire for any cost of having to recover equipment in this way including lost revenue.
18. The conditions are taken as accepted, on collection from or delivery by Leeds Camera Hire.
19. Leeds Camera Hire is responsible for the repair and maintenance of their equipment and ensuring that all equipment is hired out in good working order and this is acknowledged without charge to the hirer provided that such maintenance has not occurred by misuse or damage whether accidental or otherwise.
Liability and Insurance
20. Any equipment left within Leeds Camera Hire offices, either on hold or for repairs not collected within three months will be disposed.
21. Leeds Camera Hire supplies equipment materials and special services in circumstances where it is customary for such essentials to be supplied at the hirer’s risk and where the hirer is required to provide insurance cover.
22. By the hirer placing an order via phone, fax or email the hirer constitutes a business transaction, thus creating an agreement into which both parties are freely entering.
23. Any advice issued instruction, guidance or statement in connection with or relation to the use and application of any equipment/materials or services supplied by Leeds Camera Hire or direct staff, technical staff or customary agents, is given only on the condition that Leeds Camera Hire shall in no circumstances be liable for any loss or damage of any kind.
24. The agreement between Leeds Camera Hire and the hirer relies solely on the terms of these conditions and no representation or otherwise shall bind Leeds Camera Hire and no statement from any representative of Leeds Camera Hire shall vary these conditions unless a representative statement is made in writing and signed by the director of Leeds Camera Hire.
25. Leeds Camera Hire will endeavour to supply the hirer with replacement equipment if at any time during the hire period the equipment cannot be effectively repaired or maintained as a result of any mechanical or electrical fault. Leeds Camera Hire liability in this respect shall be subject to availability of replacement of such equipment. Leeds Camera Hire shall not be liable for interruption or cancellation of work (filming/production or otherwise) if it fails to secure and supply replacement equipment of any sort. For replacement equipment due to the above reason a notification via fax has to be received, where possible, before the equipment can be released. Equipment will be delivered to the original address at time of booking unless an alternative delivery arrangement is agreed between Leeds Camera Hire management and the hirer either by phone, email or fax.
26. Insurance cover: The hirer undertakes responsibility for insuring all equipment against “all risks” to full replacement value. Any loss or damage to the equipment is to be reimbursed to Leeds Camera Hire by the hirer to the full replacement value thereof. If the hirer is providing self-arranged insurance cover, a copy of the insurance cover note is required before collecting equipment from Leeds Camera Hire and MUST show ‘HIRED IN GOODS VALUE’ in the document. Insurance for sixteen weeks loss of hire, or up to and including the day of replacement equipment is received by Leeds Camera Hire for any damaged equipment in need of replacement, must also be secured.
27. The hirer understands that insurance arranged by them to cover equipment hired from Leeds Camera Hire will be liable for the periods of delivery and return of any equipment. This includes equipment delivered and returned by staff of Leeds Camera Hire by any means of transport. The hirer’s insurance will be liable at all times as soon as the equipment has left Leeds Camera Hire’s premises, until the hire kit is fully returned to Leeds Camera Hire’s premises.
28. The hirer understands both Leeds Camera Hire’s insurance, and other third party insurance where applicable shall not fully cover the event of equipment stolen from an unattended car/other vehicle.
29. It is important that all hirer’s and their insurers read Leeds Camera Hire terms and conditions, available upon request, as awareness of liabilities of the company or indemnity for the hirer may apply.
30. Leeds Camera Hire’s total liability to the hirer under and/or arising in relation to any contract shall not exceed five times the amount of the rental and charges for services (if any) under that contract or the sum of £1,000 whichever is the higher. To the extent that any liability of Leeds Camera Hire to the hirer would be met by any insurance covering Leeds Camera Hire, then the liability of Leeds Camera Hire shall be extended only to the extent that such liability is met by such insurance.
31. No liability is accepted, consequential or otherwise, by act or omission by Leeds Camera Hire whether by negligence, delay, detention, late delivery, non delivery, or deficiency in the equipment or order.
32. Hirers should check the terms and conditions of their insurance policy as they might be liable for the excess in the policy if cover for this event is not in place.
33. Should a technical failure of equipment supplied by Leeds Camera Hire occur, causing the abandonment of the shoot or any form of production, Leeds Camera Hire will not accept liability for any failure to complete or re-shoot. Insurance for such an eventuality is the responsibility of the client.
34. Leeds Camera Hire shall have no liability to the hirer for any:-
34.1 Consequential losses (including loss of profits and/or damage to goodwill);
34.2 Economic and/or other similar losses;
34.3 Special damages and indirect losses; and/or
34.4 Business interruption, loss of business, contracts and/or opportunity.
35. A cancellation charge of fifty percent of the hire period value shall be payable to Leeds Camera Hire between one week and three days notice of cancellation, seventy-five percent if between three days and one day notice of cancellation, or if less than one days notice one-hundred percent of the hire period invoice will be payable.
36. The hirer should be aware the value of equipment hired in/cross hired from other companies/suppliers changes from hire to hire and should never assume the value remains the same from any previous hire.
37. Provisional bookings are taken on the understanding that they do not guarantee the availability of the equipment.
38. Missing, damaged/non-returned: If any of the equipment supplied by Leeds Camera Hire is returned damaged or with missing items, the hirer will be notified in person or by phone wherever possible, or by post, email or fax. Up to seven days after contact is made or correspondence is sent, Leeds Camera Hire will invoice the hirer for replacements.