CAMERA REVOLUTION LTDTERMS & CONDITIONS
1.1These conditions apply to each contract for the hire of equipment and/or in relation to the provision of services of personnel entered into between Camera Revolution Ltd (CMRV) and the other party to the contract (the hirer). Nothing said or done by any agent or employee of CMRV or of the hirer which purports to vary these terms shall be binding on CMRV unless reduced into writing and signed by director or CMRV with a specific reference to these terms.
1.2In these conditions the expression ‘equipment’ includes any repaired or replaced equipment.
2. INSURANCE
The hirer shall immediately upon placing its order takes steps to insure the equipment and all its matters in relation to its use with effect from the start day (as defined in condition 3) with some established insurance company and keep the same insured throughout the contractual hire period (as defined in condition 3) and throughout any period during which the contractual hire period is deemed to be extended pursuant to condition 3.2 here of against all risks of physical loss or damage to the equipment to the full replacement value thereof and against all third party claims (excluding consequential loss) due to personal injury, death or property damage arising from the negligence of the hirer under a policy of insurance in the name of the hirer with anblanket endorsement recording CMRV’s interest as a Loss Payee stating that no payment is to be made to the hirer under the policy for CMRV’s equipment until CMRV’s interest has been discharged and shall on demand produce evidence of insurance via a certificate of insurance, including confirmation or premium payments for CMRV’s inspection and in default of the hirer so doing (and provided CMRV have given the hirer written notice of the default and 7 days from hirer’s receipt of such notice in which to rectify such default) or if otherwise agreed CMRV may
a) Insure as aforesaid and recover the cost for the hirer forthwith. The hirer hereby irrevocably appoints CMRV the agent of the hirer for the purpose of receiving all moneys payable under the said policy to the extent required to protect CMRV’s interest in the equipment and in the hire thereof and giving a discharge thereof and/or
b) Prohibit the equipment from leaving the premises of control of CMRV whether or not the same is subject to a contract of hire.
3. HIRE PERIOD AND CHARGES
3.1 The hire charge for equipment will be charged (unless otherwise agreed in writing) in respect of each day of the hire period. The hire period commences (unless otherwise expressly agreed in writing) on the day the equipment is delivered to the hirer(‘the start day’) and terminates (subject as herein after provided) on the later to occur of:
a) The end of the period of hire expressed to CMRV’s confirmation of order / delivery note (‘the contractual hire period’) and
b) The return of the equipment to CMRV in as good condition as when received by hirer, fair wear and tear excepted or payment for replacement by any equivalent or comparable item.
3.2 In the event that any equipment of any part thereof is lost, damaged, destroyed or delayed in transit, then (without prejudice to condition 10 and the other rights of CMRV hereunder or at law) the contractual period shall be deemed to continue and the hire charge shall continue to be payable (not withstanding that the hire charges may have been expressed to cease at an earlier date) at the same rate or rates until such times as the sooner of the following occurs: (i) the equipment is returned to CMRV in such condition described as (a) (b) above or (ii) (if lost) is recovered and returned to CMRV or (iii) (if damaged) is repaired and available for re-hire, or (iv) (ifdestroyed, damaged or lost)) is payment is made for replacementd by an equivalent or comparable item available for hire.
3.3 CMRV reserves the right generally or for any particular service, client or class or equipment to alter at any time and without previous notice the prices and specifications published in its equipment hire catalogue but no such alteration shall affect a contract of hire then current.
3.4 Rates for weekly hire of equipment (if applicable) are for hire periods of 7 consecutive days.
3.5 The hirer agrees to pay all charges (including and charges in respect of insurance affected by CMRV pursuant to condition 2 or 18 hereof) promptly but in any event no later than 30 days from the date of the invoice by CMRV. All payments shall be made to CMRV at the address shown on its invoice and payments made by post shall be at the risk of the hirer. CMRV shall be entitled to charge interest on all sums overdue at a rate equal to five percent per annum above Barclays Bank plc base rate from time to time.
3.6 All Hire charges are exclusive of Value Added Tax which will be added at the current rate.
4. CONDITIONS AND SUITABILITY OF EQUIPMENT
4.1 CMRV warrents and represents that the equipment is in good, working condition and suitable for the purposes intended under this Agreement. If equipment is or becomes defective, CMRV will at its discretion either, as soon as reasonably possible replace the equipment or repair any defective part providing the defective equipment or part is returned forthwith to CMRV at the place from which it was hired with the cost of carriage, insurance and handling charges to be paid byCMRV. Alternatively, CMRVmay (as its discretion) pay the reasonable cost of repair or replacement at the place from which it was hired with the cost of carriage, insurance and handling charges paid by CMRV. Alternatively, CMRVmay (as its discretion) pay the reasonable cost of repair or replacement of the equipment by a dealer approved by CMRV for that purpose and on terms acceptable to CMRV. These conditions shall apply mutates mutandis to any such repaired of replaced equipment. In any event CMRV shall ensure that the equipment is repaired or replaced as soon as reasonably practicable.
4.2 Any descriptions or illustrations in CMRV catalogues, price lists or other advertising material are intended merely to represent a general idea of the goods and shall not form representation or be part of the contract.
4.3 Save as expressly herein provided and in to the extent permitted by law all guarantees of warranties as to the quality, suitability or fitness of the equipment for any purpose or otherwise are excluded and CMRV shall not be liable to the hirer (save as provided in 4.1 above) in any way whatsoever (including consequential loss) for any misrepresentation of breach or warranty or condition whether by statute or otherwise or in any way relating to the equipment.
4.4 The hirer shall not be liable for any hire charges relating to any period on which the equipment is not available for use by the hirer either due to a defect in the equipment supplied or to the breach by CMRV of its obligations under this Agreement.
5. PROPERTY AND RISK
5.1The equipment shall remain the property or CMRV
5.2The Equipment shall with effect from the first day of the contractual period and throughout the period of hire (including any period during which the contractual hire period may be deemed to be extended pursuant to the condition 3.2 hereof) be at the hirer’s sole risk and the hirer shall indemnify CMRV from any loss or damage of whatsoever nature arising from the negligence or wilful misconduct of the hirer caused to or by the equipment or the use thereof other than death or personal injury resulting from CMRV’s negligence or wilful misconduct. Without prejudice to the generality of the foregoing. CMRV will not be liable.
a)for any damage to or any defect in equipment caused by careless handling of the hirer; or
b) for any loss suffered by the hirer as a result of trade disputes, difficulties on
Obtaining equipment or components from suppliers or manufacturers of anything otherwise outside of the control of CMRV which precludes or inhibits the use of proper use by the hirer or equipment hired or agreed to be hired. The hirer will keep CMRV and its employees fully and properly indemnified against any claims made against them and any third party due to personal injury, death or property damage (excluding consequential loss) arising from the negligence of wilful misconduct of the hirer and arising in any way out of the hire of the equipment or the making available to the hirer of the services of technicians or employees of CMRV or other personnel.
6. HIRER’S UNDERTAKINGS
6.1The hirer will at all times during the period of hire:
a) ensure that all equipment is used and operated in the proper and skilful manner and only by the persons having the appropriate qualifications, skills and experiences in the use and operation of the equipment;
b) take proper care of the equipment and ensure that it is kept clean and dry and safely and properly stored and (without prejudice to the generality of the foregoing) kept in a securely locked place when not in use and allow CMRV or its agents at all reasonable times access to the equipment for the purpose or examining the condition thereof:
c) retain possession and control of the equipment and will not purport to sell, load, assign, pledge or encumber it, or permit any lien created over it or do any other things to make any omission inconsistent with CMRV’s ownership thereof:
d) obtain all necessary licences, permits and permissions for the use of the equipment or the provision of the personnel or services and not use the equipment or permit the same to be used contrary to law or any regulation or bye-law for the same time being in force in any country; and
e) take such steps as are sufficient to ensure that the equipment and its operations will be safe and without risks to the health for the purposes of the Health and Safety at Work, etc Act 1974 and any modifications or re-enactment there-or.
6.2 The hirer will not without prior consent of CMRV in writing allow the equipment to be removed outside the United Kingdom or to be used on any abnormal or hazardous assignment and will upon request by the equipment or any part thereof.
7.TERMINATION AND RETURN OF EQUIPMENT
The hiring and the contract shall immediately determine and CMRV shall be entitles to take such steps as are necessary in its opinion for the protection of the equipment (including the entry of the premises where the equipment is and the recovery of possession of the equipment) if any of the following events occur:
a)any breach by the hirer of the terms hereof or the hiring:
b)any act or omission by the hirer which in the opinion of CMRV might jeopardise the rights of
CMRV to ownership or use of the equipment;
c)if a winding-up order is made against the hirer (being a company) of if the members of the hirer
pass a resolution for its voluntary liquidation (except for the purpose of amalgamation or reconstruction) or if a meeting of creditors of the hirer is called or if the hirer enters or seeks to enter into any arrangement or composition with its creditors or if a receiver is appointed over all or any of the hirer’s assets or any such assets are the subject of any distressor execution (or in Scotland, poinding or arrestment);
d)if the hirer fails to pay any hire charge or other sum due to CMRV with 30 days of submission to
the hirer by CMRV or an invoice or written demand;
e)if the hirer allows any judgement against it relating to charges liable under this Agreement to remain unsatisfied for more than fourteen days.
8.1The hirer shall return the equipment to CMRV at the premises of CMRV from which it was hired or such address as CMRV may reasonably nominate not later than the last day of contractual hire period. Should the hirer fail so to return the equipment to CMRV or be otherwise in breach of these conditions of hire it will permit (andwill be deemed to have permitted) the representative of CMRV to enter any premises where the equipment may be (or where CMRV may reasonably believe this to be) and to recover possession of the same.
8.2 The hirer shall return the equipment to CMRV on as good condition as when received, fair wear and tear excepted.
9. Save as expressly herein provided, the hirer will compensate CMRV in full for:
a)any loss of or damage to the equipment;
b)any cost and expense CMRV may incur in recovering the equipment;
c)any otherverified loss (including loss of use)which CMRV may suffer by reason of any breach by the hirer of the terms and conditions of hiring.
10. GENERAL
CMRV will not waive (or be deemed to have waived) any rights under these Conditions or implied by law by accepting the return of the equipment, repossessing the equipment, or granting any indulgence to the hirer.
11. Film, magnetic tapes, equipment, materials, accessories and any other properly ostensibly belonging to the hirer in the possession in custody of or handled by CMRV will be subject to a lien in favour of CMRV for the general balance of all monies from time to time due to CMRV from the hirer.
12. These Conditions shall be governed by and interpreted according to English law and the hirer hereby submits irrevocably to the jurisdiction of English Courts.
13. Heading in these Conditions are for ease of reference only and shall not affect the construction thereof.
14. FORCE MAJEURE
If events beyond CMRV’s reasonable control prevent CMRV from performing its obligation here under CMRV may without liability cancel this contract.
15. SEVERABILITY
If any of these Conditions or any part of any Condition is declared by a court or competent jurisdiction be invalid or unenforceable all other Conditions or parts thereof will remain in full force and effect.
16. EQUIPMENT SERVICE
For customers who wish to have their insurance cover from CMRV Ltd this can be arranged on request. Currently, the rates are 12.5% of the rent charge on all UK locations and 15% of all rental charge for overseas locations (Eastern Europe excepted). In all cases there will be an excess charge of £300.00 payable by the customer on any one claim.
These rates apply to normal use of equipment. Hazardous assignments require additional cover and clients must inform us in advance so that a special quotation can be obtained to cover abnormal costs.
The rates and excess referred to above are subject to change. Please inquire for up-to-date figures.