Terms of business
Introduction
The terms and conditions set out below shall be the basis of all Contracts of Hire with Shutter Films Ltd.
In these Terms and Conditions, Shutter Films Ltd is referred to as The Company.
“ The Hirer” is the Person, Film or Company to whom the goods are being hired and to whom the invoice is addressed.
The “Equipment” means the Equipment supplied by the “Company” to the “Hirer” as specified at the time of booking, together with any accessories, parts and cases.
The Hirer acknowledges and agrees by placing orders with The Company that:
- This is a business transaction into which both parties are freely entering.
- There are clauses contained in these Conditions, which exclude, limit or modify the liability of The Company, its Directors, Servants and Agents and provide a right to indemnity from The Hirer in certain circumstances.
- The Company shall not be bound by any conditions of business of the Hirer unless the Company in writing expressly accepts such conditions. Where there is any variance between the Hirer’s conditions and these conditions, these Conditions shall prevail.
All equipment hires and sales shall be subject only to these Terms and Conditions unless The Hirer and The Company have agreed in writing to the contrary. All orders placed by The Hirer shall only be deemed accepted when acknowledged as being so by The Company. In the event of a dispute between the standard Terms and Conditions of The Company and The Hirer, the parties agree that The Company’s Terms and Conditions of business shall take precedence.
Quotations
All quotations are made by The Company without obligation.
Bookings / Orders
The Company reserves the right to refuse the acceptance of any order without assigning any reason for such refusal.
Orders may be placed verbally or in writing and thereupon such orders become binding provided that all cancellations will only be effective if given in writing by the Hirer. [See Section on Cancellation
Terms of Payment
Payment of invoices shall be made without any deduction or set-off so as to be received by The Company within 30 days from the date of invoice. Interest shall be payable on the overdue accounts under the Terms of the Late payment of Commercial Debts (Interest) Act 1998.
Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding.
In the event of a default in payment The Hirer shall be responsible for any and all applied interest charges and reasonable collection fees incurred in recovering the outstanding amount.
In the event of a default in payment The Company reserves the right either to withhold any equipment or services which are the subject of any contract with The Hirer and/or cancel any subsequent contract with The Hirer without prior notice.
The Company shall be entitled to determine any contract without notice in the event of the bankruptcy, insolvency or liquidation of The Hirer (as the case may be) any time during the contract.
The Company reserves the right to make a charge in respect of any costs or expenses incurred by The Company on account of The Hirer for any contracts that are subsequently cancelled.
The Hirer agrees that in the event of a default in payment for the hire The Company may place full details of The Hirer’s default with an independent bureau for the purpose of compiling and distributing such information to other interested parties to assist in making decisions from which the information may be used for tracing, the prevention of fraud and the recovery of debt amongst other matters.
Period of Hire
The period of hire shall commence with the Hirer taking possession of the Equipment (whether or not such receipt shall have been from The Company) and shall terminate at the end of the agreed hire period or when the Equipment is returned, whichever is the later.
It is the responsibility of The Hirer to obtain such receipt for the return of Equipment, which will represent sole evidence of the return of Equipment to The Company.
The hire period will be deemed to continue until such time as any damaged equipment is repaired, or any equipment that is lost or stolen, or damaged beyond repair is replaced.
Equipment returned late will be charged at the single agreed daily rate for each 24 hours or part thereof, irrespective of any reduction or discount that may have been negotiated on the original booking.
Delivery and Collection
Where equipment is delivered or collected by The Company, The Company’s servant or agents, such delivery or collection is at The Hirer’s risk and expenses and The Hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves The Company’s premises until it is returned to The Company’s premises whether or not the Equipment is being delivered or collected by The Company or is in the custody of The Company, its directors, servants or agents.
The Company shall Endeavour to comply with any time schedules, but will accept no liability for non-delivery of equipment or non-arrival of technicians by a specific time or date or within a specified time from receipt of order. The Company shall not be liable for delays due to unforeseen circumstances or due to causes beyond its control including, but not limited to, acts of nature, acts of God, labour disputes and delays in transportation.
Company Vehicles
No person other than a person authorised by the Company may in any circumstances drive any vehicles supplied by the Company. Where such vehicles are used by or on behalf of the Customer in circumstances not covered by the Company’s insurances, the Customer undertakes to affect the appropriate insurance.
Equipment
The Hirer will satisfy themselves on taking possession of all equipment that it is in good working order and in undamaged condition, and is fully suitable in all respects (including type and condition) for the purpose for which it is hired. The hirer’s signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub standard condition or working of the equipment must be referred to The Company and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by The Hirer.
The Company endeavours to ensure that the Equipment is sound and in good order at the time of delivery to or collection by the Hirer.
If found to be defective or deficient, it will be replaced, or any defects or deficiencies will be remedied by the Company without additional charge. Under no circumstances will the Company be liable for any loss or damage arising out of or in connection with the use or inability to use the Equipment.
While the Company shall make every effort to assist the Hirer with technical know how and experience and shall provide general advice and service, the Company shall not guarantee that the Hirer will achieve his intended result by the use of hired equipment and services.
Title
All equipment on hire remains the absolute property of The Company.
The Hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of The Company is first obtained.
Use of Equipment
Without the previous consent of the Company, hired equipment must not be used on any abnormal or hazardous assignment, nor taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognized by I.A.T.A. The Hirer must keep hired equipment in their custody and must ensure that it is used in a skillful manner by persons having the appropriate qualifications and experience, and who are familiar with the type of equipment. The Hirer must protect hired equipment form the elements and take all reasonable precautions for its safety, Under no circumstances may the Hirer alter, add to, modify, adapt or misuse equipment hired to them by the Company, or affix to, install thereon or insert therein any accessory, equipment or device incompatible with its proper use.
Damage or Loss to Equipment Hired
The Hirer will ensure that they have adequate insurance including public liability insurance and all other insurances required by any applicable law in place.
Without specific written agreement to the contrary prior to the commencement of the Hire Period, the Hirer shall effect it’s own insurance on the Equipment. The customer shall ensure that the Company’s interest is noted on the Hirer’s insurance policy and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Hirer’s policy shall be in terms no less favourable than those provided by the Company (full details of which will be provided on request) and shall provide cover for all loss or damage whatsoever to the Equipment, including full replacement value of the Equipment, the full cost of repairing any damage and the continuing hire charges detailed in these Conditions.
It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and The Hirer will indemnify The Company in respect of any loss or damage howsoever caused whilst in The Hirer’s possession.
All damage or loss will be notified to The Company immediately (or as soon as practicable) following which the goods must be returned to The Company for repair or replacement should repair be uneconomic. The Hirer may carry out repairs to the damaged equipment with the express consent of The Company and shall otherwise make no attempt to examine/diagnose repair or remove the outer casing of the equipment hired.
The Hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair, and the hire period will be deemed to continue until such time as any damaged Equipment is repaired or any Equipment deemed beyond repair is replaced.
The Hirer shall be liable to pay the Company for the cost of cleaning required to return the Equipment to a condition fit for re-hire, and the hire period will be deemed to continue until such cleaning has been completed.
Liability
The Company 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. The Company will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.
The Hirer will indemnify The Company at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.
In the event that the Hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter The Company shall have no liability, whatsoever, in respect of the loss, damage or imperfection of any such material and The Hirer will fully indemnify The Company in respect of any such claims by a third party.
The Hirer shall be required to insure its materials and its work and operations against any loss, damage or liability caused by or arising out of or in connection with equipment, materials or services supplied by The Company or any contract with The Company. The Hirer shall inform insurers of The Company’s Terms and Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against The Company.
The Hirer shall further compensate The Company for any loss which The Company may suffer as a result of variation of any order for the supply of equipment, materials or services or failure to return any hired equipment to The Company’s premises at the termination of the agreed hire period in good condition, fair wear and tear, excepted or for any breach by The Hirer of these Conditions.
The Company shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Hirer or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure, error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by the Company.
The Company shall not be liable for any delay or any other breach resulting from wars, strikes, lock out restrictions, non-availability of goods, materials or labour or owing to any other cause whatsoever beyond its control.
Data Protection
Shutter Films Ltd is committed to fighting fraud within the equipment hire industry and shares information, (including CCTV images and copies of documents provided) about suspicious persons and behaviour with other equipment hire companies via the X-hire Anti-Fraud Network: http://www.xhire.org.uk/ By making an inquiry or booking equipment with us, you consent to this. We reserve the right to withdraw the offer to hire equipment if we are not satisfied with the veracity of information provided.
Rates
The rate of the equipment hired is that quoted by The Company (plus VAT at the prevailing rate set by Revenue and Customs), save that The Company reserves the right to vary the rate as a result of any variation in any costs or third party charges related to the hire
In the event of the Rental Agreement specifying a daily rate then such rate will be charged to the end of the day on which the equipment is returned.
The Company reserves the right to charge a cancellation fee in the event of cancellation.
Cancellation
If notice of cancellation or curtailment is received by The Company at 24 hours or less notice, then the booking will be charged at full rate.
In the event of the cancellation or curtailment of the order by the Hirer, the Company reserves the right to make cancellation charges as follows:
| 24-48 hours | 50% |
| Less than 24 hours | 100% |
In the event that the Company incurs any cancellation charges from a 3rd party as a direct result of the cancellation by the Hirer, the Company reserves the right to pass on these charges in full to the Hirer.
Deposits
The amount of the deposit (if any) specified, shall be returned to The Hirer without interest when the equipment has been returned to The Company and all charges and other monies due to The Company under the terms of the Agreement have been paid.
Insurance
Without specific written agreement to the contrary prior to the commencement of the hire period, The Hirer shall effect its own insurance on the equipment. The Hirer shall ensure that The Company’s interest is noted by the insurers and shall notify The Company accordingly and give such other details of the policy or policies as The Company may require. The Hirer’s policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges (until such time as any damaged equipment is repaired or any equipment that is lost, stolen or damaged beyond repair is replaced).
Where in exceptional circumstances The Company is prepared to effect insurance on The Hirer’s behalf, The Hirer must be in receipt of written confirmation from The Company prior to the commencement of hire validating the agreement. In the absence of such written confirmation, The Hirer shall not assume that The Company is providing insurance on The Hirer’s behalf and shall be fully liable for all and any loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges, where the hire period will be deemed to continue until such time as any damaged equipment is repaired, or any equipment that is lost, stolen, or damaged beyond repair is replaced; provided that the amount of any additional hire charge payable as a direct result of theft, accidental loss or damage to equipment shall not exceed 13 weeks rental.
General
No acceptance of the return or repossession of the equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions.
Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment, materials or services supplied by the Company, given or made by any director or any servant or agent of the Company, or by any technician whose services are supplied to the Hirer is given or made only on the condition that the Company shall in no circumstances be liable therefore or for loss or damage of any kind resulting there from, howsoever caused. No recommendation or nomination by the Company of any person whose services the Hirer engages shall in any circumstances render the Company, its Directors, servants or agents liable for any loss or damage of any kind resulting there from or connected therewith, however caused.
The Agreement and these Conditions shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the English Courts.