1. INTERPRETATION OF OUR TERMS

  • ‘Company’ means ‘OBR Studios’ (Company Number: 09349718) trading as ‘OBR Rental’.
  • ‘Customer’ means the person, persons or company hiring the Equipment or purchasing Goods from the Company.
  • ‘Equipment’ means all items hired to the Customer by the Company.
  • ‘Goods’ means any goods to be supplied to the Customer by the Company (including any part or parts of them) under the Contract.
  • ‘Contract’ means these Terms and Conditions.
  • ‘Quotation’ means the quotation addressed by the Company to the Customer in writing. The Quotation lapses 30 days after said Quotation was made unless the Quotation is accepted in writing by the Customer before the expiry of such 30 days or the Charge for the hire of equipment has commenced.

2. APPLICATION OF OUR TERMS

  • All equipment hires and sales shall be subject only to this Contract unless Company and Customer have agreed otherwise in writing.
  • The Customer and their insurers must read this Contract prior to commencement of the hire of Equipment as exemption or modification of liability of the Company or indemnity from The Customer may apply.
  • The Company enters into all agreements with the Customer solely on the terms of these conditions alone, and that no representation, warranty collateral or otherwise shall bind the Company. No statement made by a person representing The Company shall alter these conditions unless otherwise stated in writing by a director of the Company.

3. TERMS OF PAYMENT

  • Unless The Customer has an approved credit account with The Company all charges must be paid in full prior to collection or delivery of the Equipment.
  • Any Customer wishing to open a credit account with The Company must submit a completed credit account application form and any other supporting documents required by The Company for consideration by The Company. This does not guarantee a credit account being approved by The Company and The Company reserves the right to refuse or withdraw a credit account without specifying any reason.
  • Payment of invoices is to be received by the Company prior to commencement of the hire of Equipment unless the Company has granted the Customer an account with the Company whereby payment of invoices shall be made in full within 30 days from the date of invoice.
  • Any Customer with a credit account must pay the invoice in full within 30 days of said invoice being issued.
  • Interest shall be payable on the overdue accounts under the Terms of the Late payment of Commercial Debts (Interest) Act 1998.
  • The payment will shall not be considered to be made until the Company has received either cash or cleared funds to the sum of the full amount outstanding.
  • In the event of a default in payment The Customer shall be responsible for any and all applied interest charges and reasonable collection fees incurred in recovering the outstanding amount.
  • In the event of a default in payment The Company reserves the right either to withhold any equipment or services which are the subject of any contract with The Customer and/or cancel any subsequent contract with The Hirer without prior notice.
  • The Company shall be entitled to determine any contract without notice in the event of the bankruptcy, insolvency or liquidation of The Customer (as the case may be) any time during the contract.
  • The Company reserves the right to make a charge in respect of any costs or expenses incurred by The Company on account of The Customer for any contracts that are subsequently cancelled.
  • The Customer agrees that in the event of a default in payment for the hire The Company may place full details of The Customer’s default with an independent bureau for the purpose of compiling and distributing such information to other interested parties to assist in making decisions from which the information may be used for tracing, the prevention of fraud and the recovery of debt amongst other matters.
  • The Company reserves the right to charge 50% of the order value if The Customer fails to provide 24 hours’ notice of cancellation.
  • The Company reserve the right to enter any premises where equipment is believed to be held beyond the agreed hire period. The Company will consequently seek to recover any loss of revenue throughout this period.

4. DELIVERY OF EQUIPMENT AND RISK

  • All Equipment and Goods shall, immediately upon leaving the Company’s (or as the case may be a third parties) premises and thereafter, be the responsibility of and at the risk of the Customer though for the avoidance of doubt property in the Equipment shall remain at all times with the Company notwithstanding that the Customer shall be liable for any theft, loss, damage or destruction howsoever caused to the Equipment.
  • Any dates quoted for the delivery of the Equipment of the Goods are approximate only and the Company shall not be liable for any delay in delivery or provision howsoever caused.
  • Equipment deliveries and returns before 8.30am or after 6.30pm must be agreed with the Company in advance and may incur surcharges.
  • These Terms of Hire are active from the point of collection and return of all equipment. This is extended to include all post hire checks by the Company to ensure that all equipment has been returned and in a satisfactory order.
  • The Customer will inspect the Equipment or Goods upon delivery and notify the Company immediately in writing of any shortfall, missing items or defects capable of being ascertained on inspection, within 24 hours of delivery. If the Customer does not notify the Company accordingly, it shall be conclusively presumed that the Goods and Equipment are complete and, so far as it able to be ascertained on inspection, in good working order.
  • The Customer will not attempt to repair any hired goods without the contacting the Company first.
  • The Customer agrees to pay for repair or replacement of any permanent marks to lens and filter glass suffered during the hire.
  • The Customer will be required to show valid insurance cover for the duration of the agreed hire period prior to collection or delivery of the Equipment.
  • All Equipment hired to The Customer must be insured against all risks to full replacement value.
  • The Customer will never leave any hired goods from The Company unattended in a vehicle, public place or unsecured building. The Customer accepts that all hired equipment is their responsibility for the duration of hire and that no responsibility for the equipment can be placed to third parties.
  • The Customer is obliged to inform The Company before using the Equipment in hazardous environments, or taking The Equipment outside of the UK.
  • Insurance cover the dates of delivery and return. Risk does not pass back onto The Company until The Equipment is returned and in possession of The Company.
  • The Customer will pay the full replacement new value of damaged or destroyed equipment, which will include instances where models have been superseded.
  • The Company reserve the right to enter any premises where equipment is believed to be held beyond the agreed hire period. The Company will consequently seek to recover any loss of revenue throughout this period.
  • Unless otherwise stated in writing by a Company representative, all invoices are to be paid in full to the Company within a period that does not exceed 30 days. In the event of late payment
    the Company reserve the right to charge a late payment fee of 10% of the invoice total per month.
  • Equipment deliveries and returns before 8.30am or after 6.30pm must be agreed with the Company in advance and may incur surcharges.
  • The Equipment must be returned to the Company before 11am on the first business day following the period of hire unless otherwise agreed with the Company. Late returns may incur penalty fees calculated from the published daily rate.
  • Where it is believed that a Customer will not be faithful to paying an invoice in full beyond the agreed period, a debt collector or solicitor may be appointed. In addition to recovering the value of the invoice the Company will seek to recover all related expenses.
  • The Customer acknowledges that quotations, provisional and ‘pencil bookings’ do not constitute a contract or guarantee the availability of any equipment.
  • The Customer will notify the Company immediately if they require hiring any equipment beyond the contracted period. In this event the Company cannot guarantee any extensions on hired equipment.

5. USE OF EQUIPMENT

  • The Customer has no interest in the equipment other than being hired to the Customer for proper use. The Customer will not assume ownership or act in selling, loaning, securing, mortgaging or pledging any hired equipment belonging to the Company.
  • Items hired throughout any contract are the property of ‘The Company’ unless stated otherwise on the produced invoice, and payment for these items has been made in full.
  • The Customer will ensure the equipment is treated with the best of care and accept that they will be held accountable for anything deemed beyond reasonable wear and tear. In the event of missing, damaged or destroyed goods, the Company will recover any loss of revenue until the item(s) is replaced, restored or repaired by the Customer.
  • The Customer agrees to inform the Company of any damage to equipment immediately.
  • The Customer will use all equipment and ensure it is operated by experienced and qualified personnel. The Customer will disclose inexperience with any equipment. The Company is not responsible for any form of consequential loss including production time. Provisions for all downtime must fall within the Customer’s insurance policy.
  • If the Equipment becomes defective during the hire period through no fault (directly or indirectly) of the Customer, the Company may, at its discretion, either replace the Equipment or repair any defective part providing the defective Equipment or part is returned to the Company at the place from which it was hired, with the costs of carriage, insurance and handling charges paid by the Customer. Alternatively, the Company may, at its discretion, pay the reasonable cost of the repair or, the replacement of the Equipment by a dealer approved by the Company for that purpose and on terms acceptable to the Company.
  • The Customer will at all times during the hire period:
  • Keep the Equipment in its possession and under its control and not purport to sell, loan, assign, pledge or permit any lien to be created over it or any part of it
  • Ensure that the Equipment is used in a skillful and proper manner, and in accordance with any operating instructions and ensure that the Equipment is operated and used by properly skilled and trained personnel
  • Ensure that the Equipment is used in compliance with all relevant regulations, including but not limited to the Factories Act Health & Safety at Work Act etc and with the benefit of all necessary permissions, licences or permits
  • Not make alteration to the Equipment and not remove any existing component nor attempt or make any repair or modification to the Equipment nor remove any sign or marking from the Equipment.
  • Not hold or use the Equipment (nor permit others to do so) in a manner which will or may cause any provision of the insurance policies referred to in condition 12 to be broken
  • Take proper care of the Equipment and ensure that it is safely and properly stored
  • Inform in writing any person to whom a debenture or charge over any part of the Customer’s assets is to be granted that the Equipment is not the property of the Customer.
  • Carry out regular reviews of any digital content or data captured by the Equipment by a suitably qualified technician.
  • Ensure that any content or data recorded by the Equipment is kept safe.
  • Remove all film, visual or, audio visual content or other data from the Equipment prior to its return to the Company.
  • The Customer will not, without prior consent of the Company in writing, which consent may be withheld at the Company’s absolute discretion, allow the Equipment to be removed outside the United Kingdom or to be used in any abnormal or hazardous assignment.
  • Any employee or agent of the Company that visits the Customers premises or any premises save for the Company’s at the request of the Customer or uses or demonstrates any of the Equipment is, at all times, under the supervision of the Customer. The Customer must ensure that there is a safe working environment in such circumstances and that all statutory and other obligations of all kinds are adhered to.

6. LIABILITY AND INDEMNITY

  • The Company does not exclude or limit any liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
  • Without prejudice to above clause, the Company shall not be liable for any direct or indirect loss of profit nor for any indirect loss, damage, costs, claims, demands or expenses whatsoever or howsoever caused, whether resulting from the Company’s negligence or otherwise, under or in any way in connection with the Contract, or for any loss, damage, costs or claims or expenses for lost production time, delay in shooting, the cost of re-shooting unusable footage or remedial or repair work on digital media.
  • Without prejudice to the above the Company shall not be liable for any loss or damage to film, visual, audio visual content or other data left in the Equipment on its return to the Company.
  • The Customer will indemnify and keep the Company and it’s employees fully and effectively indemnified in full and on demand against all claims, demands, costs, actions, expenses (including professional advisors’ fees) or proceedings made against them by any third party, arising out of or in any way in connection with the Customer’s failure to comply with any of the provisions of the Contract.
  • The Customer shall also fully and completely indemnify and keep the Company and its employees fully and effectively indemnified and on demand in respect of all claims by any person whatsoever for injury to personal property caused by or in connection with or arising out of the storage, transit, loading or use of the Equipment during the continuance of the hire period and in respect of all costs and charges in connection therewith arising under statute or common law save for any matter arising directly as a result of the Company’s own negligence.
  • Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
  • If any agent or employee of the Company provides services at premises other than that of the Company he or she does so under the direction and supervision of the Customer and the Company will not be liable for any loss or damage occasioned by such servant or agent to the Customer or any third party howsoever such loss or damage has been caused.

7. INSURANCE

  • The Customer shall effect the following insurances:
  • An all risks insurance policy on all items of the Equipment for their full replacement value (including without limitation cover against loss, theft or damage to the Equipment) and the charges set out in clause 3.2
  • A third party liability insurance policy covering the liability of the Customer for death, injury and damage to or loss of property arising directly or indirectly out of the use or possession of the Equipment and shall note the Company as an additional insured on the policy and the Customer shall at the commencement of the hire period give notice to the insurer of the Company’s interest in such policy.
  • The policy in respect of such insurance and evidence of payment of premiums shall, when requested by the Company, be produced to the Company for inspection and in any event shall be produced to the Company each year on the anniversary of the initial granting of any credit. The Customer will notify the Company of any change in relation to such policy.
  • The Customer shall give written notice to the Company of any occurrence which will or may give rise to a claim being made on any insurance pursuant to this clause and such notice shall be given within twenty four hours of the occurrence being first known to the Customer.
  • The Customer shall, at its own cost, assist the Company in securing the settlement of any claim and the payment to the Company of the value of such claim so far as it relates to the Equipment or to the liability of the Company to any third party.

8. GENERAL AND PROPER LAW

  • This Contract shall be governed and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
  • This Contract is the entire agreement between the parties and supersedes any previous agreement in relation to its subject matter. The Customer acknowledges and agrees that in entering into this Contract it does not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) other than as expressly set out in the Contract and its only remedy for breach of this Contract shall be for breach of contract under the terms of this Contract.
  • The Company shall not be liable for any delay in performing or any failure to perform any of its obligations under this Contract caused directly or indirectly by any event beyond its reasonable control.
  • Neither party shall without the prior written consent of the other party assign, transfer, charge or deal in any other manner with this Contract or its rights under it or part of it, or purport to do any of the same, nor sub-contract any or all of its obligations under this Contract.
  • If any part of the Contract becomes invalid, illegal or unenforceable it shall be severed from the Contract and the remainder of the Contract shall remain in full force and effect.
  • A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that act.