Part 1: Equipment Hire and Use
Part 2: Production Facilities with Crew
In these Conditions,
The Company means TRANSMISSION (TX) LTD
The Hirer means the organisation or person hiring equipment with or without delivery & collection or technical support.
The Conditions means the standard Terms and Conditions of hire and supply set out in this document, and includes any special terms and conditions agreed in writing between the Hirer and the Company.
2.1 The Company shall provide Equipment (and/or fulfil the Contract) in accordance with its written quotation (or oral quotation confirmed in writing by email with pdf attachment) of the Company, which is accepted by the Hirer along with the signed acceptance of these Conditions.
2.2 The Company is not obligated to provide Equipment unless and until the Company has received such written confirmation and signed acceptance of these terms from the Hirer.
2.3 The Hirer shall not assign the Company’s supply of equipment to a third party, nor instruct the Company’s employees or representatives to provide equipment to a third party, without prior notice to the Company in writing, or by email, prior to the proposed commencement of the hire and or delivery. Should the Hirer supply the Company’s equipment to third party then the Hirer remains and is responsible for and retains liability for the equipment as if the third party were the Hirer.
2.4 In the event of the Hirer cancelling a booking that they previously confirmed in writing or by email or telephone, the Hirer shall be liable to pay the Company a cancellation fee. The Company reserves the right to charge a cancellation fee of up to 100% of the rate agreed for the original booking. The actual fee charged will be subject to the amount of notice provided and the precommitment based on the size and duration of the booking. (See Cancellation & Curtailment Clause 15 below)
2.5 All hours worked in providing technical support when requested will be charged (base to base) at an agreed hourly rate plus mileage and expenses as detailed in the quotation.
2.6 The Hirer will provide all digital recording media necessary for the equipment. Should the Hirer request that the Company should supply drives or other recording media, then the Company will supply drives or other recording media as recommended for the equipment on a sale or return unused basis. The Company does not offer any guarantee of the retained quality of any recorded data.
2.7 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Hirer and the Company.
2.8It is the responsibility of the Hirer when arranging collection of equipment to ensure that the person collecting brings personal identification, either a passport or a driving licence (a photocopy will be taken) plus their National Insurance number.
2.9 Vehicles are supplied on a full tank of fuel basis and should be returned full. A charge will be made for topping vehicles up to full at Cost plus 20%
2.10 It is the responsibility of the Hirer to check the suitability of the equipment or vehicle they are hiring for the purpose they have in mind.
3.1 The Hirer acknowledges and agrees by placing orders or bookings with the Company that this is a business transaction into which both parties are freely entering and there are clauses contained in these Conditions which exclude, limit or modify the liability of the Company, its directors, servants and agents and provide a right to seek indemnity from the Hirer in certain circumstances.
3.2 The Company enters into all agreements with the Hirer solely on the terms of these Conditions and no representation or warranty collateral, agreements with third parties or otherwise shall bind the Company.
3.3 No statement made by any representative by or on behalf of the Company shall vary these Conditions unless such representation, warranty or statement shall be made in writing and signed by a Director of the Company and shall be stated to be made specifically in pursuance of this clause (3) of these Conditions.
3.4 The Company shall not be bound by any conditions of business of the Hirer unless such conditions are expressly accepted by the Company by a statement made in writing signed by a Director and stated to be made specifically in pursuance of this clause. (3)
3.5 Where there is any variance between the Hirer’s conditions and these Conditions, these Conditions shall prevail.
In respect of any exclusion, limitation, modification of liability or indemnity hereinafter appearing, the Company contracts on behalf of itself, its directors, servants and agents. The same shall enure (belong and be available) to the benefit not only of the Company but to its future directors, servants and agents.
All quotations are made by the Company without obligation. The Company reserves the right to vary the rates and prices quoted in their standard & published rate card / brochure at any time without prior notice. Rates given in quotations remain valid for thirty days. All rates published are subject to the addition of VAT. (All prices exclude VAT)
6.1 The Company reserves the right to refuse the acceptance of any order without assigning the reason for such refusal.
6.2 Orders may be placed verbally, in writing or by email and there upon such orders become binding. Any order or instruction given to the Company by the Hirer verbally must be confirmed in writing before any service is supplied.
6.3 Confirmation of acceptance of a quotation and these terms, along with signed orders referring to a quotation may be sent electronically by email as a pdf attachment.
6.4 Cancellations will only be effective if given in writing by the Hirer using the same method as 6.3 above.
7.1 The hire charge commences from whichever is the earlier of the time the equipment is made available to the Hirer or leaves the Company’s premises and is terminated at the end of the agreed hire period or when the equipment is returned, whichever is later.
7.2 The hire period will be deemed to continue until such times as any damaged equipment is repaired, or any equipment that is lost, stolen or damaged beyond repair is replaced; provided that the amount of any additional hire charge payable as a direct result of theft, accidental loss or damage to equipment shall not exceed thirteen weeks rental. Subject only to where equipment replacement is necessitated due to fair and ordinary wear and tear.
7.3 Where equipment is delivered or collected by the Company or the Hirer, such delivery or collection is at the Hirer’s expense and the Hirer shall be liable for physical loss and damage from the time the equipment arrives at the delivery point or is collected, until it is returned to the Company, its staff or agent, whether or not the equipment is being delivered or collected by the Company, the Hirer or a third party.
7.4 Where the Hirer books equipment or a mobile unit or package as a service complete with technical crew, separate and additional Conditions will apply to the booking along with these Conditions. (See: TX Terms & Conditions of Business – Production Facilities with Crew.)
8.1 The Hirer shall pay the Company equipment hire fees at the rate agreed in writing between the Hirer and the Company and as detailed in the quotation.
8.2 The Hirer will, on demand, reimburse the Company for all authorised and/or reasonable expenditure incurred by the Company or its representatives in connection with the provision of Equipment.
8.3 All payments to the Company shall be made against the Company’s invoice(s) that shall be presented for immediate or advanced payment or in the case of a business account at the end of each period of Hire as agreed in the quotation or on completion of the designated milestones in respect of a Contract, following the terms of the Contract
8.4 Except where otherwise agreed in writing all invoices are for immediate cash settlement without deduction, to be paid into the Company’s bank account in the United Kingdom in Pounds (£) Sterling with all costs paid by the Hirer.
8.5 Sums not paid when due may without prejudice to any other rights of the Company carry interest from the due date of payment at the rate of 5% per month above Bank of England base rate.
8.6 In the case of default by the Hirer in paying any sums due, the Company reserves the right to either withhold equipment that is the subject of any contract with the Hirer and/or cancel any subsequent contract or bookings with the Hirer without further notice.
8.7 The Company shall be entitled to immediately determine (conclude and terminate) the contract upon the making of a receiving order in bankruptcy, the calling of a meeting of the Hirer’s creditors or in the case of insolvency or liquidation of the Hirer (as the case may be), at any time during the contract. In the case of the same applying to the Company and upon full return of equipment or property to the Company or its Administrators the contract will likewise immediately be determined. (conclude and terminate)
8.8 The Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on the account of the Hirer, for any contracts which are subsequently cancelled, plus the sum equivalent to the hire charge for the period after determination (termination and conclusion) until any equipment subject to those contracts or other property is delivered to the Company.
8.9 If at any time the Hirer requests the Company to invoice a third party with whom the Company has no contractual agreement with regard to the Hire, the Company reserves the right to refuse to do this and to insist that the Hirer makes payment at the appropriate time.
8.10 The Company reserves the right to set terms requiring a 100% up front payment for any new Hirer on their initial booking. Any balance is payable at completion of the project. Thereafter on successful application, a 30 day account facility may be opened for settlement within 30 days. (Other Terms Apply)
8.11 All Hirers must have a UK registered / postal address. Proof of address may be required. International Hirers should book equipment with a support technician as a service.
8.12 Credit card or open Cash payments will not be accepted as payment for Equipment Hire. The Company only accepts Direct Bank Payments and Debit Card Payments.
9.1 Where in these Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend or seek to purport thereby to exclude, restrict or modify its liability for death or personal injury to any person resulting from negligence as defined in section (1) of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in these Conditions is intended to exclude, restrict or modify liability on the part of the Company for any breach of the obligations arising from section (12) of the Sale of Goods Act 1893 or section (8) of the Supply of Goods Implied Terms Act 1973 and these conditions shall have effect accordingly.
9.2 Whilst the Company shall make every effort to assist the Hirer with general advice and service, the Company does not guarantee that the Hirer will achieve their intended result by the use of any equipment or facilities supplied by the Company and that it is the Hirer’s responsibility to ensure that any equipment they book is suitable in all respects for the purpose they intend.
9.3 Notwithstanding the terms of any conditions contained, warranties or representations, whether express or implied. The Company shall not be liable in any way for loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Hirer or any third party resulting from any delay or late delivery of equipment, defect or deficiency of, or relating to any equipment or any failure, error or mistake by the Company’s technicians or other staff of any nature whatsoever.
9.4 The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock-outs, government and legal restrictions, non-availability of goods, materials or labour or owing to any other cause whatever beyond its control.
9.5 Time is not of the essence of any contract with the Hirer and the Company shall not be liable for any delays in the supply of equipment or materials by it, or any losses whatsoever due to any such delays howsoever caused. Furthermore, the Hirer may without liability cancel the hire booking or contract if the Company fails to make the equipment available to the Hirer on the due date as detailed in the Contract Hire Agreement.
9.6 All equipment or materials entrusted to the Company and all equipment and materials supplied by the Company to the Hirer are entirely at the Hirer’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, except if it is proved to the satisfaction of the Company that digital storage media supplied by the Company to the Hirer or entrusted to the Company by the Hirer has been damaged or lost due to the fault of the Company, its directors, employees or agents. Where this is proved the case the Company undertakes to replace such digital storage media with a similar device of similar quality without additional charge. The Company shall in no circumstances be under any other liability whatsoever resulting from or in connection with or in consequence of such damage or loss and in no circumstances will accept or offer any liability or responsibility for the loss of any or all recorded data.
9.7 The Hirer shall be required to insure its materials and its work, recordings, artistes and general operations against any loss, damage or liability caused by or arising out of or in connection with any equipment, materials or services supplied by the Company or any contract with the Company.
9.8 The Hirer shall at all times keep the Company, its directors, employees, agents or licensees, fully indemnified against all actions, proceedings, expenses or claims from any third party, in respect of any alleged injury, loss, damage or expense arising out of, or in connection with the Hirer’s use of the equipment provided by the Company, (including when equipment is supplied with technical support as a service) or breach of copyright or any other proprietary or other rights of third parties generally resulting from Company’s compliance with the Hirer’s instructions.
9.9 The Hirer shall compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of services, equipment, materials or failure to return any hired or loaned equipment to the Company’s premises at the termination of any agreed hire period, in good condition, fair wear and tear excepted or for any breach by the Hirer of these Conditions.
10.1 The Company is prepared to effect (extend its) equipment and or vehicle insurance on the Hirer’s behalf. A charge will be made as part of the agreement or separately and the Hirer or their authorised representative / agent must acknowledge, in writing, their acceptance of the terms and conditions of the Company’s policy. A summary of which will be supplied.
10.2 Full details of the cover provided, with terms, conditions and exceptions of the policy, shall be made available by the Company at the Hirer’s request and on confirmation when booking the cover. Acceptance of the Company’s insurance places the Hirer under the same terms, conditions and exceptions as the Company, as though the Hirer were the insured, observing and fulfilling such terms and conditions and exceptions specified in the policy.
10.3 The Hirer undertakes to make full disclosure of all material affecting such insurance (for example overseas or hazardous or abnormal use, or use which may expose the equipment to the elements, salt water, spray or dust, asbestos in any form or other similar substances or use involving non-scheduled aviation) and undertakes not to do or omit to do anything which would have the effect of invalidating such insurance. Any such disclosure must be made and confirmed in writing, sent to the Company by recorded delivery or e-mail as a pdf attachment) to arrive in sufficient time for the underwriters to be consulted.
10.4 It must be noted that the Hirer is required to pay the first £500 of any loss (£800 outside the UK) and that whilst the cover which the Company can effect represents the maximum cover available on a general basis under the present conditions, the Hirer will nevertheless remain liable for any additional hire charges and for all risks of loss or damage outside the terms of the Company’s policy (including for example war risks) without limitation and in accordance with these Conditions.
10.5 Consequential loss of any nature is specifically excluded and equipment is not insured in unlocked, non-alarmed or unattended vehicles or buildings and where it can be seen in clear view in vehicles or buildings when unattended. Where this occurs the Hirer will remain fully liable.
Without specific written instructions to the contrary, the Company will affect its own insurance on the equipment and charge the Hirer accordingly. Where the Hirer effects insurance the Hirer shall ensure that the Company’s interest is noted by their Insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. (Cover Note – to be sent in advance of the hire) Particulars of replacement values will be supplied by the Company on request. Any insurance arranged by the Hirer shall be in terms not less favourable than the terms of the Company’s insurance, a summary of which is available on request.
12.1 Without the previous consent of the Company in writing, hired equipment must not be used on any abnormal or hazardous assignment nor be taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognised by the I.A.T.A.
12.2 The Hirer must keep hired equipment in their custody and must ensure that it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment hired.
12.3 The Hirer must protect hired equipment from the elements, salt water, dust and spray, asbestos in any form or other similar or hazardous substances and take all reasonable precautions for its safety. Under no circumstances may the Hirer alter, add to, modify, adopt or misuse equipment hired to them by the Company or affix to, install thereon or insert therein any accessory, equipment or device incompatible with its proper use, nor interfere in any way with the mechanism thereof or any nameplates, signs or serial numbers thereon.
13.1 The Hirer will return hired equipment in the same condition as received, excluding fair wear and tear. Where hired equipment is returned damaged or missing accessories, the Hirer will advise the Company of the nature of any damage or missing accessories before or on the point of return, enclosing a note detailing such damage within the equipment transit case/s.
13.2 Where the Hirer returns hired equipment in dirty and unreasonable condition the Company will clean the equipment and charge the Hirer for the time and materials spent in doing so at rates and prices detailed on the Company’s standard rate card.
13.3 When the Hirer returns hired equipment to the Company the Hirer will provide a Return note for the Company to acknowledge the equipment’s return.
13.4 On receipt of equipment the Company will check the returned equipment and confirm receipt or advise on missing or damaged items or items that are unreasonably dirty and require deep cleaning. The Company will prepare a return report based on their inspection and will advise the Hirer of the return both by phone and email as soon as possible and within 48 hours of receipt.
13.5 The Hirer will return hired vehicles in the same condition as received, excluding fair wear and tear. When a hired vehicle is returned damaged, the Hirer will advise the Company of the nature of any damage before or on the point of return. The Hirers driver will attend the return inspection where any damage and the returned fuel level will be noted. The Company will prepare a return report and advise the Hirer of this report as soon as possible, both by phone and email and within 48 hours of receipt.
13.6 When replacement of missing items, repair of damage, cleaning or replacement of consumables used is required, the Company will send an estimate of the costs to the Hirer within 48 hours and an invoice once the work or replacement has been carried out.
14.1 The Hirer shall pay to the Company the full replacement (as new) value of hire equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 5 of these Conditions.
14.2 Where the Company undertakes and confirms in writing to effect insurance in respect of equipment supplied, the Hirer’s liability under this Clause will be reduced by the amount recoverable under such insurance.
14.3 Equipment returned late will be charged at the single daily rate (as published in the Company’s list of rates or as agreed in writing) for each 24 hours or part thereof, irrespective of any reduction or discount that may have been negotiated on the original booking.
15.1 If the Hirer wishes to cancel a Contract for Equipment Hire then the cancellation terms of that contract must be adhered to and charges will apply accordingly. If it is a Service Contract where equipment and crew or facilities with crew are supplied then cancellation fees will apply as detailed in the TX Terms & Conditions of Business – Production Facilities with Crew.
15.2 For short term Equipment Hire Agreements of less than one week, where notice of cancellation or curtailment of booking is received by the Company at 24 hours or less notice, then the balance of the booking will be charged at full rate. Similarly, bookings cancelled at 48 hours or less will be charged at 50% of the full rate and 72 hours or less at 25% of the rate. If a deposit or advanced payment has been paid then this will be non-returnable once the booking has been confirmed regardless of any cancellation notice being given. However, retention of advanced payments will be at the Company’s discretion and not be unreasonable and will depend on circumstances.
16.1 All equipment and materials supplied without crew by the Company shall be examined and checked and subjected to appropriate tests by the Hirer before being taken into use and if found to be defective or deficient will be replaced or the defects/deficiencies remedied by the Company without additional charge. Under no circumstances shall the Company be liable for transportation charges for any loss or damage of any kind however caused arising out of or in connection with the use or the inability to use equipment and materials supplied or agreed to be supplied.
16.2 The Company shall at its own expense at all times during the hire period make any repair, or supply such replacement of equipment as may be necessitated through ordinary wear and tear, provided that the Hirer returns any equipment needing attention to the Company’s premises or notifies the Company’s technician where one has been supplied with the equipment as part of a service. If replacement or repair proves not to be necessary, then any costs incurred to the Company will be passed on to the Hirer. The Hirer must advise the Company in advance of any return of equipment and provide a description of the repair or replacement necessary plus photo or video evidence showing the condition where available.
16.3 Carriage, insurance and handling charges, including charges for the return journey of repaired or replacement equipment are to be paid by the Hirer. The Company will suspend the payment of hire charge during the period in which the equipment is out of service or until it is replaced, as the case may be, but the Company shall not in any circumstances be liable to the Hirer for any loss or damage or expense incurred or sustained in connection with or resulting from the return or repair or replacement of such equipment. If the equipment cannot be replaced or repaired, the Company shall not be held liable for any consequence of the loss of use to the Hirer but may refund any hire fees paid for the period of loss of use, for the specific items of equipment. This will be the Company’s only liability and in each case limited to the hire rates agreed for that equipment at the time of booking confirmation.
17.1 No person other than a person authorised or employed by the Company and holding a current and valid driving licence may in any circumstances drive vehicles supplied by the Company. Where such vehicles are used by or on behalf of the Hirer, in circumstances not covered by the Company’s insurance, the Hirer undertakes to affect the appropriate insurance and proof of Insurance must be supplied.
17.2 It must be noted that where the Company’s vehicle insurance applies, the Hirer is required to pay the first £500 of any loss or damage (Use only within the UK) and that whilst the cover which the Company can effect represents the most adequate cover available on a general basis under the present conditions, the Hirer will nevertheless remain liable for any additional hire charges and for all risks of loss or damage outside the terms of the Company’s policy with its insurers.
17.3 When collecting a vehicle, the Driver must produce a copy of their UK Driving Licence and provide their National Insurance Number along with any certificate required to use any specialist equipment onboard the vehicle should they request a demonstration of the same. The Hirer may provide copies of this information in advance by email & pdf attachment.
18.1 All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interests in the said equipment shall vest in or pass to the Hirer who shall for all purposes be deemed the Bailee of the said equipment.
18.2 The Hirer must not sell, loan, assign, pledge, encumber, part with or suffer any lien to be created over equipment hired from the Company and the Company may terminate any hiring forthwith and without notice in the event of a Hirer making any attempt to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights in the equipment. The same to apply if the Hirer becomes subject to any bankruptcy or liquidation proceedings or becomes insolvent or allows any judgement or well-founded claim to remain unsatisfied or fails to pay any hire charges or other sum due to the Company or fails to comply with these Conditions.
18.3 The Hirer agrees that a representative of the Company may enter (having given reasonable notice) upon any premises upon which hired equipment may be kept or reasonably believed to be kept, for the purpose of its recovery at the termination of any hiring period. Where such equipment is on premises not occupied or under the control of the Hirer, the Hirer undertakes to secure for the Company, permission to enter for such purposes and the Hirer shall compensate the Company for any costs incurred in repossessing hire equipment.
The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Hirer for any sum outstanding and overdue to the Company.
20.1 No acceptance of the return or repossession of the equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions.
20.2 Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment, materials or services supplied by the Company, given or made by any Director or by any servant or agent of the Company, or by any technician whose services are supplied to the Hirer, is given or made only on the condition that the Company shall in no circumstances be liable for loss or damage of any kind resulting therefrom or howsoever caused.
20.3 No recommendation or nomination by the Company of any person whose services the hirer engages shall in any circumstances render the Company, its Directors, servants or agents liable for any loss or damage of any kind resulting therefrom or connected therewith however caused.
These Conditions shall be governed by and interpreted according to English Law and the parties shall submit to the exclusive jurisdiction of the English courts.
In these Conditions:
The Company means Transmission (TX) Limited, supplier of video services & facilities.
The Client means the person or organisation who accepts the Services offered by the Company or contracts, orders or books Services or equipment supplied by the Company.
Services means the services that the Company is contracted to supply in accordance with these conditions, including the supply of digital video production facilities.
Conditions means the standard Terms and Conditions of hire, service and supply set out in this document, and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the Company, such as those detailed in quotations.
Crew means a technical crew comprising any number of people who are trained in video production or the operation and application of digital recording facilities and compatible sound and lighting systems.
Working Days means a day or number of days with a set duration, agreed in writing between the Client and the Company. A working day is eleven hours from base to base including a one hour rest and meal break. Any services supplied on an hourly rate basis has a minimum charge of five hours base to base.
Travel Days A travel day is one where none of the day is spent preparing to shoot or attending production meetings or recceing locations.
Interest means interest at the rate of 5% above the Bank of England base rate per month and will be charged on outstanding balances calculated after 30 days from the day of the Company’s invoice is submitted to the Client.
2.1 The Company shall provide the Services (and/or fulfil the Contract) in accordance with its written quotation (or oral quotation confirmed in writing by email with pdf attachment) of the Company, which is accepted by the Client along with the acceptance of these Conditions
2.2 The Company is not obligated to provide Services unless and until the Company has received confirmation and acceptance of these terms.
2.3 The Client shall not assign the Company’s services to a third party, nor instruct the Company’s employees or representatives to engage on work for any other project, or to record, or photograph any scene or incident which is not relevant to the agreed project for which the Services were originally contracted, without prior notice to the Company in writing, or by email, not less than 24 hours prior to the proposed commencement of the assignment, whereupon the Company will renegotiate with the Client and agree suitable fees before the additional work is undertaken.
2.4 The Client shall not record the Company’s employees or representatives whilst working, without the written approval of the Company and agreed individual permission from the Company’s employee or representative that recordings of them may be used for the Client’s purposes. Fees for their participation in “Behind the scenes” recordings must be negotiated with the Company prior to any recording being used.
2.5 In the event of the Client cancelling a booking that they previously confirmed in writing or by email or telephone, the Client shall be liable to pay the Company a cancellation fee. The Company reserves the right to charge a cancellation fee of up to 100% of the rate agreed for the original booking. The actual fee charged will be subject to the amount of notice provided and the precommitment based on the size and duration of the contract. (See details in Cancellation & Postponement 12.3 & 12.4 below)
2.6 Hours worked in excess of ten hours per day (base to base), will be liable to an additional hourly charge at an agreed rate provided in the quotation. All hours worked in excess of ten hours per day are at the discretion of the Crew, unless otherwise agreed with the Company in writing, or by email, at the time of the original booking and prior to the provision of Services.
2.7 The Client shall provide the Crew with a break of one hour at the end of each period of five working hours. Whenever such a break is not provided, the Company shall be entitled to charge for any work during such a period at twice the normal hourly rate, over and above the fee agreed for the provision of Services.
2.8 The Client shall provide the Crew with a minimum break of eleven hours between the end of one day’s work, and commencement of work the following day. Travelling time between the location and the Crew’s accommodation is included in a working day period. Whenever such a break is not provided, the Company shall be entitled to charge for any work during such a period over and above the fee agreed for the provision of Services.
2.9 The Company will provide all digital recording media necessary for the project. Should the Client wish to utilise their own drives or other recording media, then the Company cannot offer any guarantee of the retained quality of the recorded data.
2.10 Incidental expenses incurred by the Crew and agreed but not supplied by the Client (e.g. Meals, refreshments, taxi fares, parking payments or fines, hotel costs, road tolls ) shall be charged to the Client at Cost plus 20%, unless alternative provision is made at the time of booking and / or agreed in the Contract.
2.11 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Client and the Company. Quotations may have additional, alternative or special terms that are specific to a booking or contract.
2.12 Within the provisions of long distance travel the client must book Company employees in Business Class for all flights over five hours. Failure to meet this booking requirement will result in a charge of an additional 100% of the agreed daily crew rates including overtime for the duration of travel unless agreed in advance with Company and/or the crew members.
2.13 It is the responsibility of the Client when booking flights to arrange and pay for the provision of excess baggage, failure to do so could result in Company employees (crew) not being able to travel or incurring extra charges at check-in which will be charged at cost plus 20%
2.14 When travelling it is the responsibility of the Client to provide the Company’s employees (the crew) with a per diem or float for costs incurred during travel. Receipts will be provided by the crew.
2.15 Travel in Company vehicles will be charged at a fixed rate per mile agreed in the quotation depending on the size/type of the vehicle. Hired in vehicles will be the responsibility of the client who will book the vehicle, arrange comprehensive insurance cover, damage & Excess waiver cover and provide all fuel. Where the Company is requested to do this a charge will be made for all items at Cost plus 20%
3.1 The Client acknowledges and agrees by placing orders, bookings or contracting with the Company that this is a business transaction into which both parties are freely entering and there are clauses contained in these Conditions which exclude, limit or modify the liability of the Company, its directors, servants and agents and provide a right to seek indemnity from the Client in certain circumstances.
3.2 The Company enters into all agreements with the Client solely on the terms of these Conditions and no representation or warranty collateral, agreements with third parties or otherwise shall bind the Company.
3.3 No statement made by any representative by or on behalf of the Company shall vary these Conditions unless such representation, warranty or statement shall be made in writing and signed by a Director of the Company and shall be stated to be made specifically in pursuance of this clause (3) of these Conditions.
3.4 The Company shall not be bound by any Conditions of business of the Client unless such conditions are expressly accepted by the Company by a statement made in writing signed by a Director and stated to be made specifically in pursuance of this clause (3) as aforesaid.
3.5 Where there is any variance between the Client’s conditions and these Conditions, these Conditions shall prevail.
In respect of any exclusion, limitation, modification of liability or indemnity hereinafter appearing, the Company contracts on behalf of itself, its directors, servants and agents. The same shall inure to the benefit not only of the Company but also for its directors, servants and agents.
All quotations are supplied by the Company without obligation. The Company reserves the right to vary the rates and specifications quoted in their rate card/brochure at any time without prior notice. Rates given in quotations remain valid for thirty days and remain fixed for the duration of the booking from the point of order until completion or the Client’s cancellation or postponement. All rates published are subject to the addition of VAT. (All Prices Exclude VAT)
6.1 The Company reserves the right to refuse the acceptance of any order without assigning the reason for such refusal.
6.2 Orders may be placed verbally, in writing or by email and there upon such orders become binding. Any order or instruction given to the Company by the Client verbally must be confirmed in writing before any service is supplied.
6.3 Confirmation of acceptance of a quotation and these terms, along with signed orders referring to a quotation may be sent electronically by email as a pdf attachment.
6.4 Cancellations will only be effective if given in writing by the Client using the same method as 6.3 above.
7.1 The Client shall pay the Company fees at the rate agreed in writing between the Client and the Company.
7.2 The Client will, on demand, reimburse the Company for all authorised and/or reasonable expenditure incurred by the Company or its representatives in connection with the provision of Services.
7.3 All payments to the Company shall be made against the Company’s invoice(s) that shall be presented at the end of each period of the provision of Services or on completion of the designated milestones in respect of a Contract.
7.4 Except where otherwise agreed in writing, all invoices are for immediate cash settlement without deduction into the Company’s bank account in the United Kingdom in (GB) Pounds (£) Sterling with all costs paid by the Client.
7.5 Sums not paid when due may without prejudice to any other rights of the company carry interest from the due date of payment at the rate of 5% per month above The Bank of England base rate.
7.6 In the case of default by the Client in paying any sums due, the Company reserves the right to either withhold facilities or recording media (whether recorded on or not), which are the subject of any contract with the Client and/or cancel any subsequent contract with the Client without further notice.
7.7 The Company shall be entitled to immediately determine (conclude & terminate) the contract upon the making of a receiving order in bankruptcy, the calling of a meeting of the Client’s creditors or in the case of insolvency or liquidation of the Client (as the case may be), at any time during the contract. In the case of the same applying to the Company and upon full return of equipment or property to the Company or its Administrators the contract will likewise immediately be determined.
7.8 The Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on account of the Client for any contracts which are subsequently cancelled, plus the sum equivalent to the hire charge for the period after determination until any equipment subject to those contracts or other property are delivered to the Company.
7.9 If at any time the Client requests the Company to invoice a third party with whom the Company has no contractual agreement with regard to the Services, the Company reserves the right to refuse to do this and to insist that the Client makes payment at the appropriate time.
7.10 The Company reserves the right to set terms requiring a 60% (up front) advanced payment for any new UK clients on their first booking. The remainder is payable at completion of the project. Thereafter on successful application, a 30 day account facility may be opened for settlement within 30 days. (Other Terms Apply)
7.11 For international and large contract bookings an advance part payment will be required with order, followed by stage / progress payments as required until project completion
7.12 Credit Card payments will not be accepted for advanced payment for services. The Company only accepts direct bank payments for advance or stage payment.
8.1 Where in these Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend or seek to purport thereby to exclude, restrict or modify its liability for death or personal injury to any person resulting from negligence as defined in section (1) of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in these Conditions is intended to exclude, restrict or modify liability on the part of the Company for any breach of the obligations arising from section (12) of the Sale of Goods Act 1893 or section (8) of the Supply of Goods Implied Terms Act 1973 and these conditions shall have effect accordingly.
8.2 Whilst the Company shall make every effort to assist the Client with general advice and service, the Company shall not guarantee that the Client will achieve their intended result by the use of any facilities supplied and that it is the Client’s responsibility to ensure that any recorded content is suitable in all respects for the purpose they intend.
8.3 Notwithstanding the terms of any conditions contained, warranties or representations, whether express or implied, the Company shall not be liable in any way for loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Client or any third party resulting from any delay or late delivery of services or equipment, defect or deficiency of, or relating to any equipment or any failure, error or mistake by technicians or other staff of any nature whatsoever.
8.4 The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock-outs, government and legal restrictions, non-availability of goods, materials or labour or owing to any other cause whatever beyond its control.
8.5 Time is not of the essence of any contract with the Client and the Company shall not be liable for any delays in the supply of services, equipment or materials by it, or any losses whatsoever due to any such delays, howsoever caused.
8.6 Any equipment or materials entrusted to the Company and all equipment and materials and services supplied by the Company to the Client are entirely at the Client’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, except if it is proved to the satisfaction of the Company that digital storage media supplied by the Company to the Client or entrusted to the Company by the Client has been damaged or lost due to the fault of the Company, its directors, employees or agents; the Company undertakes to replace such digital storage media with a similar device of similar quality without additional charge. The Company shall in no circumstances be under any other liability whatsoever resulting from or in connection with or consequence of such damage or loss and in no circumstances will accept or offer any liability or responsibility for the loss of any or all recorded data.
8.7 The Client shall be required to insure its materials and its work, recordings, artistes and general operations against any loss, damage or liability caused by or arising out of or in connection with any equipment, materials or services supplied by the Company or any contract with the Company.
8.8 The Client shall at all times keep the Company, its Directors, employees, agents or licensees, fully indemnified against all actions, proceedings, expenses or claims from any third party, in respect of any alleged injury, loss, damage or expense arising out of, or in connection with the Client’s use of the services or equipment provided by the Company, the breach of copyright or any other proprietary or other rights of third parties generally resulting from Company’s compliance with the Client’s instructions.
8.9 The Client shall compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of services, equipment, materials or or failure to return any hired or loaned equipment to the Company’s premises at the termination of any agreed hire or loan period, in good condition, fair wear and tear excepted or for any breach by the Client of these Conditions.
9.1 Where the Client requires its employees to operate Company equipment or vehicles, the Company is prepared to effect equipment and / or vehicle insurance on the Client’s behalf. A charge will be made as part of the agreement or separately and the Client or his authorised representative/agent must acknowledge, in writing, his acceptance of the terms and conditions of the Company’s policy.
9.2 Full details of the cover provided, with terms, conditions and exceptions of the policy shall be made available by the Company at the Client’s request.
9.3 Acceptance of the Company’s insurance places the Client under the same terms, conditions and exceptions as the Company, as though the Client were the insured, observing and fulfilling such terms and conditions and exceptions specified in the policy.
9.4 The Client undertakes to make full disclosure of all material affecting such insurance (for example overseas or hazardous or abnormal use, or use which may expose the equipment to the elements, salt water, spray or dust, asbestos in any form or other similar substances or use involving non-scheduled aviation) and undertakes not to do or omit to do anything which would have the effect of invalidating such insurance. Any such disclosure must be made and confirmed in writing, sent to the Company by email or attached as a pdf document, to arrive in sufficient time for the underwriters to be consulted.
9.5 It must be noted that the Client is required to pay the first £500 of any loss (£800 outside the UK) for every claim and that whilst the cover which the Company can effect represents the maximum cover available on a general basis under the present conditions, the Client will nevertheless remain liable for any additional hire charges and for all risks of loss or damage outside the terms of the Company’s policy (including for example war risks) without limitation and in accordance with these Conditions.
9.6 Consequential loss of any nature is specifically excluded and equipment in the Clients care is not insured in unlocked, non-alarmed or unattended vehicles.
10.1 Without specific written instructions to the contrary, the Company will affect its own insurance on any equipment supplied to the Client for use by its employees and will charge the Customer accordingly.
10.2 Where the Client provides their own equipment insurance the Client shall ensure that the Company’s interest is noted by their Insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require (e.g. Copies of cover notes to be sent prior to supply of equipment). Particulars of replacement values will be supplied by the Company on request. Any insurance arranged by the Client shall be in terms not less favourable than the terms of the Company’s insurance, a summary of which is available on request.
11.1 The Company provides insurance cover for its own equipment and for its employees whilst supplying services for the Client, subject to the following conditions.
11.1.1 The Client shall be liable for the equipment policy excess (£500.00) in the event of a claim arising through direct involvement of any person/s other than the Company’s employees or their representatives.
11.1.2 The Client will be responsible for all travel and production insurance needed for the Company and its representatives. Proof of this insurance may be required in writing at least 48 hours before the proposed commencement of the provision of Services.
11.1.3 The Client shall be fully liable in the event of a claim arising through loss, theft, or damage to the Company’s equipment if said loss, theft, or damage occurred as a result of the Client or its employees or representatives causing the equipment to be used or put in an uninsured position or left liable for consequential loss.
11.1.4 The Client requests Services which are likely to invalidate the Company’s employees’, or their representatives’ personal insurance cover (eg filming in a warzone, flying other than a fare-paying passenger on a scheduled airline, etc.) These services may not be undertaken without the provision by the Client of a personal accident insurance for each of the Company’s employees, or their representatives, to the value and on terms agreed by the Company. Proof of this insurance cover must be presented, in writing least 48 hours before the proposed commencement time of the provision of Services
11.1.5 Failure to disclose any hazards which might invalidate the personal insurance cover of the Company’s employees, or their representatives, prior to the provision of Services, may render the booking invalid and hold up or terminate production.
12.1 For a booking, order or contract to be accepted by the Company, the client must confirm their instructions in writing confirming their acceptance of the quotation and referring to the quotation number and date. They must acknowledge their full understanding of these terms and conditions.
12.2 The Client must give the Company due and formal written notice in order to cancel or postpone any booking. Failure to give due notice of any cancellation or postponement will render the client liable to full charging of the booking.
12.3 Cancellation Charges
Where a client provides notice to cancel a confirmed booking under contract, then subject to the minimum notice period being given the following charges will apply. If less than the minimum notice is given then full rates will be charged until the minimum notice is reached. The end of the notice period marks the point of cancellation.
12.3.1 In the event of the Client cancelling or reducing a booking previously confirmed by Email, in writing or by purchase order, the Client shall be liable to pay the Company a cancellation fee. The Company reserves the right to charge a cancellation fee of up to 100% of the rate agreed for the original booking. The actual fee charged will be subject to the amount of notice provided (minimum two weeks and four weeks for contracts of twelve weeks or more) and the Company’s pre-commitment based on the size, duration and complexity of the contract. The fee will be calculated against the Company’s standard rate card (normal market rate) for the service or supply, from the start of contract to the cancellation point, (end of notice period), including any special item costs or expenses. Notice periods will be charged at the full contract weekly rate.
12.4 Postponement / Delay Charges
Where a client provides notice to postpone a confirmed booking under contract then subject to the minimum notice period being given the following would apply;
12.4.1 Where the Company is requested by the Client, with at least two weeks’ notice, (four weeks for bookings of twelve weeks or more) to hold over services, either before or during shooting, postponement charges will be due. The notice period will be charged at the full contract weekly rate, followed by a continuing Standby rate at 20% going forward, until either the production continues or is cancelled, whereupon the above cancellation charging will apply. Alternatively, where a cancelled booking is likely to be rebooked, a cancellation fee equal to 50% of the contract weekly rate will be charged for every week of the contract remaining. In this case, should the cancelled booking be rebooked within a twelve month period, then the new booking, of a similar length, will receive a discount of 20%. In the case of the Standby position being reached or a cancellation being rebooked, the Company reserves the right to supply alternative crew and adjust quoted rates to accommodate any rise in costs that follows a delay or cancellation.
12.4.2 If production does not restart then the booking will be considered cancelled and the above cancellation charging will apply (12.3). The notice point will be the postponement point.
12.4.3 If production restarts but the full contract shooting schedule is not completed then the balance of shooting not completed will be determined as cancelled and the above cancellation charging will apply (12.3). The notice point will be the last day of shooting.
13.1 Notwithstanding the delivery to the Client, or their authorised representatives, of any recorded media, graphic, ideas, video or photographic material, or other related materials (whether subject to copyright or not) appertaining to the provision of Services or Contract, or any other provision of these Conditions, the intellectual property (IP) in such recorded media, graphic, ideas, video or photographic material, or other related materials shall not pass to the Client until the Company has received in cash, or cleared funds, payment in full of all outstanding invoices in respect thereof.
13.2 The Company will supply recorded images to the client on the condition that at any time following public release of the footage the Company may use some selected content for self promotional purposes.
14.1 The Client shall pay to the Company the full replacement (as new) value of any equipment or property not returned to the Company or the full cost of repairing any damage together with any continuing hire charge.
14.2 Insurance for the equipment or property remains the responsibility of the Client. However, where the Company undertakes and confirms in writing to effect insurance in respect of equipment supplied, the Client’s liability under this Clause will be reduced by the amount recoverable under such insurance.
15.1 No person other than a person authorised or employed by the Company and holding a current and valid driving licence may in any circumstances drive vehicles supplied by the Company.
15.2 Where such vehicles are used by or on behalf of the Client, in circumstances not covered by the Company’s insurance, the Client undertakes to affect the appropriate insurance.
15.3 Where the Company’s vehicle insurance applies, the Client is required to pay the first £500 of any loss (£800 outside the UK) and that whilst the cover which the Company can effect represents the most adequate cover available on a general basis under the present conditions, the Client will nevertheless remain liable for any additional loss or damage outside the terms of the Company’s policy with its insurers.
16.1 All equipment supplied by the Company shall at all times remain the absolute property of the Company and no proprietary or other interests in the said equipment shall vest in or pass to the Client who shall for all purposes be deemed the bailee of the said equipment and responsible for its care and correct use.
The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Client for any sum for the time being due to the Company
18.1 No acceptance of the return or repossession of any equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions.
18.2 Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment, materials or services supplied by the Company, given or made by any Director or by any servant or agent of the Company, or by any technician whose services are supplied to the Client, is given or made only on the condition that the Company shall in no circumstances be liable for loss or damage of any kind resulting therefrom or howsoever caused.
18.3 No recommendation or nomination by the Company of any person whose services the Client engages shall in any circumstances render the Company, its Directors, servants or agents liable for any loss or damage of any kind resulting therefrom or connected therewith, however caused.
These Conditions shall be governed by and interpreted according to English Law and the parties shall submit to the exclusive jurisdiction of the English courts.
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