Rental Terms & Conditions
The following terms and conditions constitute the entire agreement between you (the Hirer) and 3D Productions Ltd (the Owners) for the hire of certain equipment. Unless otherwise agreed in writing by the Owners, these terms and conditions will apply to all transactions between the Hirer and the Owners to the exclusion of any terms and conditions put forward.
2 HIRE CHARGES
The charges for rental shall be agreed at the commencement of the hire and shall be invoiced in advance. Rental periods of more than four weeks shall be invoiced either monthly or four-weekly in advance as selected by the Hirer. The term of the hire shall be for a minimum period of one week unless otherwise stated in our quotation and shall continue to be charged thereafter for COMPLETE rental periods.
Weekly Rental Periods – the hire charges will be based on full weeks. A week is taken to be seven consecutive days (including Bank Holidays), including the day the hire commences.
Monthly Rental Periods – the hire charges will be charged based on full calendar months.
If the actual period of rental is shorter than the period of rental initially agreed at the commencement of the Hire, the Owners reserve the right to re-calculate the rental rate based upon the actual period of rental and also charge for a complete rental period in full.
At any time during the hire the Owners reserve the right to alter rental charges, delivery and collection charges, any discounts and the contents of the catalogue without prior notice.
3 COMMENCEMENT AND TERMINATION OF HIRE
Commencement of Hire
The hire period shall commence on the day the equipment is either collected by the Hirer from the Owners’ premises or delivered to the site advised by the Hirer.
Termination of Hire
The equipment will not automatically be collected or off-hired by the Owners at the end of the initial period of hire, unless specifically requested in writing on the initial order. It is the Hirer’s sole responsibility to inform the Owners of their intention to terminate the hire prior to the expiry of the hire period and to arrange the return of the equipment at the Hirer’s cost. The Owners reserve the right to charge the Hirer for any further rental periods if the Hirer fails to notify the Owners of its intention to terminate the hire.
The period of hire shall be deemed to end on the day preceding the first working day that the equipment is made available for collection.
It is the Hirer’s sole responsibility to ensure that the equipment is properly packaged for transportation before the equipment is made available for collection.
Where the equipment is to be collected by the Owners or their appointed agents, it is the Hirer’s responsibility to ensure that the equipment is made available for collection at the time agreed. If the equipment is not made available for collection at the agreed time or not packaged suitably, the Owners reserve the right to charge the costs of the failed collection to the Hirer, subject to a minimum charge of £150.
Where the Hirer has agreed to purchase the equipment, the hire will be deemed to terminate when the Hirer has paid the Owners for the equipment in full.
Without prejudice to any other rights under these conditions and in particular to the Hirer’s responsibility to inform the Owners of the Hirer’s intention to terminate the hire, the Owners may terminate the hire of the equipment at any time by giving the Hirer seven days notice in writing.
4 DELIVERY AND COLLECTION
In addition to the hire charge, separate charges will be made for delivery and collection of the equipment. Details of the Owners’ standard scale of transport charges for all methods of delivery and collection of equipment are available upon request. Where the Hirer’s own transport is used it is the Hirer’s responsibility to adequately pack and protect the equipment for the return transit to the Owners’ premises. All cases must be marked fragile. It is the Hirer’s responsibility to agree the method of delivery and collection to be used prior to the commencement of hire and to obtain the Owners’ permission when the Hirer’s own transport is used.
All packaging materials are chargeable if not returned or returned damaged at termination of hire.
5 ACCEPTANCE CONDITIONS
Acceptance of delivery of the equipment by the Hirer or its appointed agent will be conclusive evidence that the said equipment has been examined and found to be complete in accordance with the manufacturer’s description, in good order and condition, fit for any purpose for which it may be required and in every way satisfactory.
Any claim for damages by the Hirer against the Owners arising out of the Hirer’s use of the equipment shall, subject to the Owners admitting liability or being found liable for such damages, be limited in amount to the total amount of the rental payments paid by the Hirer for the equipment to the Owners as at the date of the Owners receiving notification of any such claim. The Hirer shall be solely responsible for and hold the Owners fully indemnified against any loss or damage (excluding death or personal injury) to the equipment and any loss of profit, cost or expenses and any loss or damage (excluding death or personal injury) to any property arising in connection with any of the said equipment or as a result of the use thereof. The Owners shall not be liable for any loss other than death and personal injury which may arise out of or in connection with the failure of the said equipment for whatever reason. Save as provided by Law, the Owners exclude all warranties relating to the equipment and the Hirer’s use thereof except as specifically stated herein.
7 HIRER’S OBLIGATIONS
The Hirer agrees with the Owners during the continuance of the contract of hire as follows:
(a) To keep the equipment at the delivery address and in the Hirer’s own possession unless otherwise agreed in writing by the Owners.
(b) Not to allow the said equipment to be transferred to any country prohibited by the Department of Trade and Industry or the Bureau of Export Administration.
(c) To permit the Owners or their authorised representatives at all reasonable times to enter upon the premises or vessel where the equipment may from time to time be kept to inspect, maintain, repair and test the same.
(d) To repay to the Owners on demand all costs, charges and expenses incurred in any way by reason of any breach of these terms and conditions by the Hirer including, but not by way of limitation, all costs, charges and expenses incurred in ascertaining the whereabouts of the equipment or recovering possession of the equipment from the Hirer or other person and any consequential loss and/or costs suffered by the Owners as a result of the failure of the Hirer to return the equipment in accordance with these terms and conditions.
(e) To keep the equipment in good condition and not subject to any misuse or wear and tear over and above that consistent with normal and reasonable use (including but not limited to use conflicting with the equipment manufacturer’s recommendations).
(f) To preserve the Owners’ and manufacturer’s identification numbers or marks or any nameplates that there should be upon the said equipment.
(g) For deliveries within the European Union to assume upon receipt of the equipment until returned to the Owners or the Owners’ appointed agents the entire risk of loss or damage to the equipment from any occurrence whatsoever. For deliveries outside the European Union to assume for the duration of the period of hire as set out in these terms and conditions the entire risk of loss or damage to the equipment from any occurrence whatsoever. The Hirer undertakes to arrange at its own expenses appropriate insurance cover with an approved insurance company against all insurable risks and to produce on request to the Owners evidence of such insurance and the payment of premiums thereunder.
(h) To notify the Owners in writing immediately of any loss or damage to the equipment and on demand to reimburse the Owners in respect thereof within 30 days of the occurrence. The Owners shall continue to charge the Hirer the full cost of hire for the equipment until such payment is received. The Hirer shall be liable for the full replacement cost of the equipment as new.
(i) To keep the equipment free from distress execution or other legal process and not create or allow to be created any lien over the equipment.
(j) Not to sell, assign, let on hire or transfer the benefit of hire contract in whole or in part or to part with possession of the said equipment or any part of it at any time during the hire.
(k) Not to make any alterations, modifications, or adjustments or attempt any repairs to the equipment.
(l) In the event of any breakdown or alleged defect in the equipment:
(i) The Hirer shall give written notice to the Owners within 24 hours (which shall be deemed to be given once received by the Owners) of the discovery of the alleged defect specifying the nature of the defect.
(ii) The Hirer shall make no further use of the equipment alleged to be defective after the time at which the Hirer discovers that it is defective.
8 OWNERS’ OBLIGATIONS
The Owners will maintain the said equipment at no cost to the Hirer and will provide such service at the Owners’ premises during normal business hours save that the Hirer will be liable for the cost of any repairs necessary as a result of a breach of clauses 7(k) or 9. In the event of failure of any item of equipment whilst on hire, the Owners shall use reasonable endeavours to supply free of charge an identical or similar item of equipment within 24 hours of notification for UK based equipment.
9 CONDITIONS OF USE
The Hirer will, in its use of the said equipment, observe all the manufacturer’s instructions and other regulations that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions or regulations or failure to use the same in a proper manner. The Hirer will also take all reasonable and practical steps to ensure its use of the said equipment conforms with the terms and conditions laid down in the Health & Safety at Work, etc., Act 1974 (in particular section 2(2)(b) and 2(2)(c) thereof) or any subsequent governing legislation.
The Owners make the said equipment available purely for rental purposes and the Hirer has no purchase rights or options, unless previously agreed in writing, regardless of the hire period.
10 DELIVERY DATES
Delivery dates quoted are intended as estimates only although reasonable endeavours will be made to adhere to them. In no circumstances shall the Owners be liable for delay in delivery arising from any cause whatsoever.
Cancellation or part cancellation of any order, can only be accepted with the Owners’ consent in writing and on terms which indemnify them fully against loss.
12 PAYMENT TERMS
(a) Payment of all charges including hire charges and delivery charges is strictly net within thirty days of the invoice date.
(b) Payments sent by post are at the risk of the Hirer.
(c) The Owners may charge and the Hirer shall pay interest at the rate of 12% per annum on all sums which, from time to time, may be due from the Hirer to the Owners hereunder and for the time being unpaid, such interest being calculated from the due date until the payment is received.
(d) The Owners reserve the right to alter the credit terms at any time when in the Owners’ opinion the Hirer’s financial condition or previous payment record so warrants.
(e) No payment is deemed to be made until received in the Owners’ bank account.
(f) The Hirer shall not be entitled to withhold payment of any amount payable to the Owners because of any disputed claim of the Hirer in respect of faulty equipment or any other alleged breach of this or any other contract between the Hirer and the Owners, nor shall the Hirer be entitled to set off against any amount payable under this contract any monies which are not then presently payable by the Owners or for which the Owners dispute liability.
The equipment is and shall remain the sole property of the Owners save that for purposes connected with financing of the said equipment the property in the equipment may be vested in a third party. The consent of the Hirer will not be required for the assignment or transfer of this Agreement or the benefit thereof from or to the Owners to or from any bank leasing company or finance house being the owner of the equipment. The Hirer shall not do or permit or cause to be done anything whereby the rights of the Owners in respect of the equipment are or may be prejudicially affected and the Hirer is not allowed to claim capital allowances on the equipment.
If the Hirer shall default in making any payment for any period in excess of thirty days or if the Hirer is in breach of these Conditions of Hire, or becomes insolvent or compounds with its creditors or has distress or execution levied upon its property or is wound up or goes into liquidation (except for the purposes of a solvent reconstruction) or has a receiver, administrative receiver or administrator appointed of the whole or any part of its assets or suffers any similar process under the law of its domicile then the Owners shall be entitled to terminate the agreement forthwith and enter upon the Hirer’s premises and to remove the equipment without notice to the Hirer. The Owners are hereby indemnified by the Hirer in respect of all and any damage or loss to the Hirer or any third party resulting from the exercise by the Owners of its rights therein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.
15 3D PRODUCTIONS LTD WARRANTY
The Owners hereby warrant to the Hirer that at the commencement of the rental period the equipment complies with its Manufacturer’s description. The benefit of this warranty may not be assigned by the Hirer to any other party. In no event shall the Owners be liable to the Hirer for any consequential incidental or exemplary damages such as loss of revenues or use of any equipment or down time costs. The Owners shall not be responsible for any delays or failures in delivery of equipment or in making repairs, recalibration or replacement due to unavailability of parts, or labour, or industrial disputes, delays in transportation or other causes beyond its reasonable control. The foregoing warranty shall not apply to any damage to equipment caused by accident, misuse or abuse. The Owners do not warrant the merchantability of the equipment or its fitness or suitability for any particular purpose or use.
Whilst application advice may be given no responsibility is accepted for incorrect results due to circumstances external to the equipment hired.
17 PATENTS AND COPYRIGHTS
Equipment may be the subject of patent rights and/or legal protection.
18 FORCE MAJEURE
If either the Owners or the Hirer are rendered unable wholly or in part by Force Majeure to carry out their obligations under this contract the party affected shall give to the other prompt written notice of the Force Majeure with reasonable full particulars concerning it whereupon the obligation of the party giving the notice so far as it is affected by the Force Majeure shall be suspended during but not longer than the continuance of the Force Majeure. The affected party shall use all reasonable diligence to remove the effects of the Force Majeure as quickly as possible. The term Force Majeure as employed in this contract should be deemed to include but shall not be limited to any war, riot, act of God, fire, flood, government regulation or act, any natural or accidental disaster, any strike, lockout or industrial dispute or shortage of raw materials or fuel or any breakdown of machinery or any other cause outside the reasonable control of the party suffering such Force Majeure, but not in any circumstances including financial inability. If a party is rendered unable wholly or in part by Force Majeure substantially to carry out its obligations under this contract for a period of one year or more, then either party may declare the contract to be abandoned forthwith by written notice to the other party to that effect.
19 GOVERNMENT PROCUREMENT
No Government Procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.
The Owners shall not be liable for delays in performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by the Owners’ suppliers.
21 FEES AND EXPENSES
The Owners shall be entitled to recover from the Hirer all fees and expenses (whether or not formal legal action is instituted) incurred as a result of any breach of these terms by the Hirer or need to enforce same or in any other way arising in connection with these Conditions of Hire.
The remedies provided herein are the Hirer’s sole and exclusive remedies. In no event shall the Owners be liable for direct indirect special incidental or consequential damages (including loss of profits) whether based on contract tort or any other course of action.
23 AGGREGATE LIABILITY
The aggregate liability of the Owners (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the Hirer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the hire charges paid to the Owners in relation to the equipment.