Post Factory Group Terms and Conditions of hire
*Terms and Conditions of Hire*
The ‘Company’ is The Post Factory (trading name). The ‘Customer’ or is any person or company who hires or has agreed to hire Goods from the Company. ‘Goods’ means goods provided by the Company in accordance with the Company’s standard Terms and Conditions of hire. These Terms and Conditions of Hire supersede any previous Terms in writing from the Company.
2. *Acceptance of Conditions*
The customer’s acceptance of equipment on hire implies acceptance of our Conditions of Hire as given below.
3. *Retention of Title*
All goods remain the absolute property of The Post Factory (trading name). (Hereinafter called the Company), and the customer undertakes not to sell, offer to sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the equipment; nor allow any lien to be created on the equipment.
4. *Application of Conditions*
The Company shall not be bound by any conditions of business of the Customer unless such conditions are expressly accepted by the Company by a statement made in writing, and signed by an officer of the Company. Where there is any variance between the Customers conditions and the Company’s conditions, then the Company’s conditions shall prevail.
5. *Limit of Liability for Defect or Failure*
The Company’s liability in respect of any defect or failure of the equipment supplied on hire is limited only to making good such defect or failure by repair or replacement of the equipment at the Company’s option.
6. *Insurance to Cover Loss or Damage*
The Customer assumes complete responsibility for loss of or damage to the hire equipment (other than fair wear and tear) from the time the equipment leaves the Company’s premises or transport, until it is returned to same. To this end, it is a condition of hire that the Customer will arrange insurance cover to provide for the risks of; Theft, Fire, Accidental Damage, Personal Injury & Public Liability, and in addition the Customer will indemnify the Company against any and all claims for the said risks.
7. *Hire Charges – Period of Hire*
The hire charge for the equipment commences from the time that the equipment leaves the Company’s premises, and continues until the equipment is returned to the Company.
8. *Hire Charges – Late or Incomplete Returns*
In the event of the equipment not being returned to the Company on time at the end of the hire period, unless by prior arrangement with the Company, then the hire charge will continue to be levied at the DAILY RATE until such time as the equipment is returned complete to the Company’s premises. (In the event of the goods being returned incomplete, the company reserves the right to invoice the Customer for the missing item(s) in full and to waive the additional hire charges.)
9. *Hire Charges – Lost, Theft or Damaged Equipment*
In the event of loss or theft of the hire equipment the Company will invoice the Customer in full for replacement of the equipment. In the event of damage to the equipment, the company will, at its option, invoice the Customer in full for the repairs to, or the replacement of the equipment.
10. *Operators – Qualification and Training*
The Company, at the Customers request may provide operators. Where the Customer provides the operator, then the Customer undertakes to ensure that the operator used is suitably skilled in the operation of such equipment. If necessary we can provide training at nominal charge upon request.
11. *Operators – Overtime and Health and Safety*
The Customer must observe all statutory requirements for working hours, allowing for time taken for delivery and return by operators. The Customer must not try to compell an operator to work beyond the hours booked. Allowable overtime hours beyond a 10 hour standard day will be charged at the hourly rate plus 50%. A 10 hour standard day is judged to include two meal-breaks: one of one hour and one of at least thirty minutes. Should an operator forefeit their right to a break, the length of the break is judged to be taken at the end of the day and that time included in any overtime calculations. The customer must also ensure that all statutory health and safety provisions are met for the working environment and must not compell an operator to put themselves or the equipment at risk. An operator is entitled to refuse any task they judge is hazardous.
12. *Fitness for purpose *
The Company cannot be responsible for the fitness for purpose of any equipment hired from it. No equipment should be used for mission-critical applications or for capturing events that are unrepeatable. Redundancy of equipment use is always suggested in crucial situations. In particular capture media (tape or hard drive) can be extremely susceptible to handling, dust, magnetism, tension errors and cannot be soley relied on.
13. *Consumables and Spares*
Where spare lamps are provided by the Company, they, or the dud lamp they replaced, must be returned to the Company at the end of the hire period, otherwise they will be charged in full to the Customer.
14. *Currency, VAT, Prices and Charges*
All hire charges are shown in £’s sterling and are subject to VAT at the current rate. We reserve the right at any time, to alter prices without notification. Prices shown do not include delivery or installation charges etc., but these will be quoted extra and carried out by arrangement.
15. *Equipment Identification*
On no account may any serial number plates, manufacturer nameplates, or any other identification marks, be removed, covered, or defaced.
16. *Non Account Customers*
Non account Customers will be required to pay the hire charges in full before the hiring commences (i.e. collection of the goods), will be required to provide an official order or a refundable deposit (or at the Company’s option both), and shall provide such proof of identity at the time of collection as the Company shall require. All Customers are considered Non Account Customers unless by prior agreement with the Company.
17. *Account Customers*
Account Customers payment terms are 30 days net.
18. *Overdue Accounts*
The Company may at its option, in the case of outstanding debts which have become overdue, refuse to supply further goods on hire until such time as outstanding invoices are paid, for the purpose of this clause any remittance received will be applied to the outstanding invoices in age order (oldest first). The Company may at its option withdraw account facilities, where invoices are not paid within 30 days of date of invoice.
In the event of cancellation of a hire booking within 3 days of the first day of hire, a charge of 50% of the hire charge will be levied. If cancellation is made within 24 hours of the start of the period of hire then the hire rate will be charged in full. If our engineers or delivery driver arrives on site to find the event cancelled, then the Customer shall pay the full hire charge including carriage.
20. *Amendments of These Terms Of Hire*
No amendments to these conditions of hire will be allowed or recognized unless given in writing by the Company at the request of the Customer and duly signed by an officer of the Company.
All discounts offered by the Company are for settlement by the date shown upon the invoice. In the event of late settlement of the invoice any such discount will be disallowed and if necessary an additional invoice will be raised to recharge the sum due.
22. *Overdue Invoices, Ammendment To Charges (Reversion to Daily Rate)*
The Company may at its option, in the case of overdue invoices for equipment on hire, revert all charges to the DAILY RATE. Should terms of credit be exceeded, interest at prevailing rates will be charged. Should no payment be received within 3 months of invoice date, the cost of collecting the debt via an agency may be added to the amount outstanding, being currently a minimum fee of £200 per invoice, up to a maximum of 10% of each invoice value.
23. *Errors and Descriptions*
Every effort will be made by the Company to ensure accuracy of any technical data or literature made available in relation to the Goods. The Company accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the Customer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Goods are for guidance only and shall not constitute the contract ‘safe by description’.
24. *Termination of Liability*
The Company shall be relieved of all liability for obligations incurred to the Customer and any other third party. Wherever, and to which the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond the control of the Company. Including but not limited to causes arising from acts omissions of the Customer.
This contract shall be governed by English Law in the Courts of England.