Terms And Conditions
General:
The terms and conditions set out below shall be the basis of all Contracts of Hire with Filmkit Solution which shall be concluded by a Rental Agreement form by any person, persons or body corporate and the handing over of goods by Filmkit Solution on the basis of such Rental Agreement.
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Definition:
In these terms and conditions Filmkit Solution Hire means Filmkit Solution Hire limited whose principal place of business is 4A Exhibition Way, The National Exhibition Centre, Birmingham B40 1PJ.
The hirer shall mean any person, persons or body corporate entering into a rental agreement with Filmkit Solution Ltd for the hire of goods and equipment. “Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with Filmkit Solutions subject to any addition or amendment which shall be in writing and ratified by a Director of Filmkit Solutions .
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The Period of Hire:
1. The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from Filmkit Solutions ) and shall terminate when equipment is returned.
2. Where equipment is delivered or collected by 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 Filmkit Solutions ’s premises until it is returned to Filmkit Solutions ’s premises whether or not the equipment is being delivered or collected by Filmkit Solution or is in the custody of Filmkit Solution, it’s directors, servants or agents.
3. The hirer will provide adequate and appropriate insurance to cover the full, new for old replacement cost of the equipment.
4. The hirer must collect the equipment between 14:00hrs and end of business on the agreed on hire date and return the equipment by 11:00hrs on the agreed off hire date.
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Equipment:
1. The hirer will satisfy themselves on taking possession of all equipment that it is in good working order and in undamaged condition, with all items and accessories listed on the Delivery Note or Hire Agreement to be present and undamaged.
2. All equipment on hire remains the absolute property of Filmkit Solution.
3. 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 Filmkit Solution is first obtained.
4.In the event that the hirer intends to take equipment out of the main land of England, Scotland or Wales or use the same for any abnormal or hazardous assignment then consent must first be obtained from Filmkit Solution who may at their sole discretion vary the terms of the rental.
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Damage or Loss to Equipment Hired:
1. It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify Filmkit Solution in respect of any loss or damage howsoever caused whilst in the hirer’s possession.
2. All damage or loss will be notified to Filmkit Solution immediately (or as soon as practicable) following which the goods must be returned to Filmkit Solution for repair or replacement should repair be uneconomic. The hirer may carry out repairs to the damaged equipment with the express consent of Filmkit Solution and shall otherwise make no attempt to examine, diagnose, repair or remove the outer casing of the equipment hired.
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.
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Liability:
1. Filmkit Solution 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. Filmkit Solution will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.
2. The hirer will indemnify Filmkit Solution at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.
3. In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter Filmkit Solution shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will fully indemnify Filmkit Solution in respect of any such claims by a third party.
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Rental Fees:
1. During the Rental agreement the hirer will pay the rental fee as specified in the Rental Agreement plus V.A.T. 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.
2. Filmkit Solution reserve 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 Filmkit Solution up to thirty days after the date of any invoice subsequently issued.
4. Filmkit Solution reserve the right to charge at the daily rate for any late returned equipment.
5. Filmkit Solution 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 Filmkit Solution may in their sole discretion require a surety to the Rental Agreement. The surety hereby agrees to indemnify Filmkit Solution in respect of all sums due under the Contract of Hire in the event of partial or total default by the Hirer Company.
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Payment:
1. Payment for hire goods ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Filmkit Solution 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.
2. Filmkit Solution 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.
3. Where an order made by customers is accepted by Filmkit Solution and a deposit is paid over by the customer and such sum is agreed between the parties, Filmkit Solution reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order.
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