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Terms and Conditions
(i) “Equipment” shall mean the subject matter of the Contract or (as the case may be) any part thereof together with all its accessories and packaging materials in respect thereof.
(ii) “The Contract”: shall mean the contract entered into between the Company and the Hirer of which these terms and conditions shall form part.
(iv) “The Company” shall mean “Video Vision” Trading from 3 Orchard Street, Deepcar, Sheffield S36 2RU England or any subsequent address(s) or branch office(s).
The invalidity of any one condition or any part of any condition, due to the nature of the Hire or by prior written agreement and directly referred to on this Contract, shall not effect the validity of the remainder.
Nothing in this Contract is intended to limit a consumer’s existing legal rights.
(b) Extent of Contract:
The Contract is not assignable and is effective when Video Vision accepts the Hirer’s order either verbal or written.
(c) Acceptance and Responsibility:
(ii) The Customer accepts responsibility for:-
a) The selection of all Equipment.
b) All Equipment and the responsibility of all the hirer's conditions herein set out during
the period of rental and any extensions of the same.
Video Vision may terminate the Contract without notice and further at their discretion and without notice repossess Equipment by whatever means necessary without affecting any rights to recover monies due, damages for breach of contract or other remedies where the hirer is in breach of one or more of the conditions here set out or is involved in insolvency or liquidation proceedings.
(e) Ownership of goods
Equipment hire remains the property of Video Vision at all times. Ownership of Goods purchased transfers only when cleared funds are received in full by The Company.
Unless expressed in writing, all ex-hire stock is sold as seen with a maximum three month warranty.
2. HIRE CHARGES:
(a) Basis of Charging:
The stated hire charges on quotations are for the duration of the Contract and include Saturdays, Sundays and Bank Holidays.
(b) Transport and Engineering Charges:
All transport and engineer charges will be agreed prior to shipment. Where any discrepancies arise, charges will automatically revert back to those listed on the current AV Hire rate website or booklet in force at the time of booking.
(c) Time for Payment and VAT:
The Hirer will pay all monies outstanding, including VAT, by the due date. If the Hirer defaults in making any such payment then without prejudice to any other rights, the Company shall be entitled to charge interest on the amount of any outstanding payment from the date of invoice to the date of payment thereof at the rate of 2% per calendar month (or part thereof).
(d) Deposits and Booking fees:
A booking fee of between 25% and 50% payable in advance of a hire will secure Equipment for a specific project or event, with the balance payable a minimum of seven days prior to Equipment ship out date from The Company’s premises. Where Equipment has not been reserved by a booking fee or the balance not settled by the due date, The Company reserves the right to cancel the booking without prior notice and without giving reasons.
(e) Cancellation Fees:
(i) (All bookings)
The following contract cancellation fees apply in all circumstances unless amended in writing by The Company when the booking is made. These fees shall be calculated by the period of time between which written confirmation is received by The Company (office hours only counted) and the time that the Equipment is due to leave The Company’s premises (usually 2 days before commencement of any event). In any event all cancellations must be made by letter or facsimile machine. Verbal and e-mail cancellations are not acceptable in any case:
Above 14 days = 10% of Hire Charge
Between 11 & 14 days = 20% of Hire Charge
Between 8 & 10 days = 40% of Hire Charge
Between 6 & 7 days = 60% of Hire Charge
Between 4 & 5 days = 80% of Hire Charge
Less than 3 days = 100% of Hire Charge
(ii) In addition to cancellation fees, any custom build, cross hire equipment charges and / or items purchased as a result of the booking as well as any travel and accommodation costs booked for the delivery, engineering and return of the cancelled Equipment shall be repayable in full. These include, ferries, hotels, air flights and bespoke manufacturing.
(f) Account & Credit facilities:
Credit facilities are available, subject to status, and Equipment can be booked in advance by written purchase order by letter or facsimile machine. Verbal and e-mail orders are acceptable only in extreme circumstances and no liability will be accepted for shortfalls which this method naturally invites.
(g) Loss of Equipment, cleaning and damage repair:
The Company may treat Equipment not made available for inspection after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current replacement value plus any accruing hire charges up to the time payment is made in full (including the addition of cheque clearance time).
The Hirer will pay for Equipment loss, required cleaning and, except where condition 2(h) applies, breakage and damage repair. Hire charges accrue until full settlement is made (including the addition of cheque clearance time).
The Company reserves the right to make a charge to the Hirer at rates given in the current AV Hire rate guide for mileage and technical support engineers, for call outs to repair of Equipment where damage is through the Hirer’s own negligence, through non-accidental damage by any third party or where the responsibility for the Equipment failure is proven not to be the fault of Video Vision, the Equipment, employees, contractors and agents thereof.
(h) Insurance (hereafter known as accidental damage & loss waiver option):
No Equipment will be hired without some form of insurance, whether covered by the Hirer’s own insurance (a copy of which must accompany any order), or supplied by Video Vision at the rate listed in the current AV Hire Rate booklet.
Where The Company’s accidental damage & loss waiver option is taken (when available), this cover is restricted to accidental damage to The Company’s equipment only excepting when acts of negligence are evident, insufficient structure has caused equipment to fall, other objects which were not secured correctly have fallen and damaged The Company’s equipment and against some acts of theft only. It does not include public liability insurance. In all instances, this is the responsibility of The Hirer and The Company cannot and will not be held liable.
Where The Company’s accidental damage & loss waiver option has been taken, ‘theft’ is only on the basis of forcible and violent theft, and further that this theft has been reported to the Police and a crime number having been gained and submitted to The Company. Hire charges shall accrue until these conditions have all been met. Where goods are stolen from any vehicle or where care of Equipment has not been adequately taken, the accidental damage & loss waiver option shall be deemed null and void. i.e.. If left in an unlocked room, a factory floor, a marquee or outside without adequate security measures in place as typical examples.
Where a claim is made against The Company’s own accidental damage & loss waiver option the following excesses still apply:
TOTAL Value of Equipment lost or damaged:
up to £ 1,000 £ 100:00
£1,000 - £ 5,000 £ 250:00
£5,000 - £10,000 £ 500:00
£10,000 - £25,000 £1,000:00
£25,000 and over £2,500:00 (All plus Vat).
(b) Security of Equipment:
The Hirer accepts responsibility for Equipment security until its collection by or return to The Company and undertakes not to sell, relinquish possession, alter, repair or modify it in any way.
(c) Safe use of Equipment and breakdown procedure:
The Hirer is responsible for the safe and correct operation of Equipment (conforming with relevant legislation, Equipment operating manuals where available and The Company’s own operating and safety instructions supplied) by persons not under the influence of alcohol or drugs and for its constant supervision especially within the range of animals and children.
The Hirer will immediately notify The Company of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non Company Equipment used in conjunction with or attached to Equipment is both compatible and conforms with all current safety requirements.
The Hirer shall operate all equipment on the relevant mains power supply only at the correct voltage with relevant safety systems in force and not allow any Equipment whatsoever to be attached by any means to portable generated power. Any damage arising from failure to adhere to this condition shall be payable in full by The Hirer. Hire charges accrue until full settlement is made (including the addition of cheque clearance time).
The Hirer shall keep the Equipment and all parts thereof in the same order and condition as at the commencement of the hire period.
(d) Return or Collection of Equipment:
The Hirer may arrange for return of Equipment both inside and outside of normal working hours. However, where the office or warehouse has to be opened specially for such a return, a standard charge of £35:00 will automatically be added to the charge for every hour and part hour thereafter. This charge shall begin at the time booked by the hirer until the doors close once more. This automatically covers late arrival and lengthy delivery and collection procedures. Only one Company staff will be present and the hirer must provide enough staff for all on and offloading.
Where collection has been arranged, a pre agreed delivery and collection rate will have been advised. The Company reserves the right to charge The Hirer when this time period moves more than 1 hour in either direction and at least 48 hours notice have not been given in writing.
(e) Lost or Stolen Equipment:
The Hirer agrees to insure the Equipment on a full replacement basis against the risks of loss and theft and on demand to pay The Company any and all insurance claim proceeds. The liability is without prejudice to any of the Company’s rights under contract. Replacement Equipment purchased from the proceeds of an insurance claim becomes the sole property of The Company at the time The Company accepts this as payment either part or full.
(f) Temporarily missing accessories and / or packaging :
Non essential accessories such as commonly available leads, instruction books etc not made available for collection at the appointed time of collection or not returned directly to The Company at the appointed time of return will be deemed returnable at The Hirer's expense to The Company within a period of 72 hours maximum after which time The Hirer will be invoiced for their replacement. Essential items such as flight cases, dedicated power supplies, remote controllers, and dedicated power and operation leads which deem the equipment unsuitable or unable for hire as a result will mean that the equipment will remain on hire at the full hire cost until such time that these are returned up to a maximum period of 7 days. After a period of 7 days following non-return, The Hirer will be invoiced for the replacement of these items if available, or if not available, the full replacement cost of the equipment and all accessories and packaging.
4. THE COMPANY’S RESPONSIBILITIES:
(a) Hire Rates:
The Company will maintain the agreed hire rates for the duration of the Contract.
(b) Safety & Operating Instructions:
The Company will provide appropriate written or practical instruction in the safe and correct manner for operating the Equipment. This may be in the form of technical manuals, fixed instructions and/or verbal presentation.
It is hereby acknowledged and agreed by the Hirer that no warranty or stipulation of any kind has been made by The Company or on its behalf in respect of the Equipment
(c) Testing and Inspection of Equipment:
The Company will comprehensively test all Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and where Equipment needs to be recovered from the Hirer for such purpose The Company will substitute items of similar specifications.
(d) Delivery and Collection:
Following the Hirer’s request, The Company will endeavour to deliver or collect Equipment at a time that best suits the Hirer’s needs, provided details are confirmed at the time of booking. Any stated delivery date / time is an estimate only.
The Company shall not be liable for any expense, loss or damage suffered howsoever arising whether directly or indirectly out of any failure to meet any delivery date.
It is the responsibility of the Hirer, where applicable, to supply The Company with the appropriate access to a site or venue in good time and to provide any additional materials and / or access instructions and / or specified safety equipment necessary for Equipment to be rigged in a safe and effective manner.
The Company reserve the right to remove all such Equipment at the Hirer’s expense and without prior warning and with all monies still due as per the condition of the Hire, where it is felt that a blatant breach of safety or security has not been accounted for and where it is felt that Equipment could be damaged or lost. This condition does not relieve the Hirer of their own responsibilities in accordance with any other condition or conditions laid out in this Contract and is not an admission of liability in any way, shape or form for the safety or security of any given installation.
(e) Supply of Equipment and Goods and Limitation of Liability:
The Company may substitute items of similar quality, specification or performance when necessary. The liability of The Company for claims is to the full value of the quoted / estimated hire only and does not extend to any additional financial loss and / or consequential loss of any sort caused by The Company (either directly or indirectly) - this includes late or non-delivery of Equipment and / or goods, unsuitability, breakdown, termination, stoppage or lawful repossession.
5. RELATIONSHIP OF THE PARTIES:
(a) Agents and partnerships:
Both The Company and the Hirer are independent contractors and the parties acknowledge that neither of them is an agent or partner for, or on behalf of, the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. The Company shall not be responsible to third parties for any claim arising out of the activities of the Hirer and the Hirer shall indemnify The Company against the risk of any such claim.
(a) Title in the Equipment shall not pass to the Hirer and the Hirer shall have no right or interest in the Equipment otherwise than as the Hirer and the Hirer shall not do or permit to be done any act or action which might prejudice or interfere with The Companies right of ownership or any other interest or rights in the Equipment.
© 20th January 2011, Video Vision . Errors and Omissions Excepted.
0845 296 8820