Terms of service

A. CONTRACT BASIS
An order by a Customer which is accepted by the Company is subject to the following conditions of prop hire and substantiates the Customers agreement to purchase services from the Company in congruence with these terms
and conditions of prop hire.

B. CUSTOMER OBLIGATIONS
B1. To notify the Company of any discrepancies of whatever nature in respect of all hired items within 48 hours of the items being received by the Customer.
B2. To provide the Company with a formal order document confirming the Customer’s full contact details, full details of any items to be hired and any other information the Company may reasonably require before any services are
provided by the Company.
B3. To plan for the collection and return of the items unless prior arrangements have been made as per condition B4 and to ensure that their vehicle is adequate to carry hired items and also with the correct protection / blankets /
ties to secure to ensure safety in transit. We reserve the right to refuse loading.
B4. To return all items with the correct corresponding paperwork attached to the hired items on return.
B5. To advise the Company at the time of the order whether any collection and/or delivery services shall be required from the Company at additional cost to the Customer and specify full details of the collection and/or delivery
address inclusive of any restrictions on parking, loading and unloading and any other details which may affect the provision of delivery and/or collection.
B6. To pay any additional reasonable costs of a failed collection and/or delivery and of organising for a new collection and/or delivery where such failed collection and/or delivery was caused through the fault of the Customer, and
to pay any parking charges or fines as a result of the Company and any of their sub-contractors having to load/unload in areas subject to parking restrictions.
B7. To keep all hired items and other property of the Company in safe custody at its own risk, keeping it in good condition and to not dispose of or use any items other than in accordance with the Company’s written instructions.
B8. To preserve all hired items in the condition as at the commencement of the contract (allowing reasonable wear and tear) and to not make any alterations to the items (including application of specific polishing technique) or
copies of items without a prior written consent of the Company which shall not be unreasonably withheld.
B9. To ensure all labels/stickers identifying the hired items as the property of the Company are kept intact and are not reattached for return.
B10. To ensure all hired items are used in accordance with the purpose of their hire. To make sure that the items are not lent to or sub-hired to third party.
B11. Save for in respect of legitimate business purposes or to fulfil a contractual obligation the Customer shall not make a disclosure of the existence of any contract with or references
to the Company to any third parties or in any written material without a prior written consent of the Company.
B12. To insure all hired items to their full replacement value with a reputable insurer.
B13. To compensate the Company in full for each day of any late returns of hired items in accordance with the Company’s charges in condition C of these terms and conditions where such late returns are caused as a result of an
event within the reasonable control of the Customer, and for any items lost by the Customer and all damage caused by the Customer to any hired items within 7 days of being notified of the actual cost to the Company of
replacing such item as a result of the same.
B14. To ensure all packing cases which are supplied free of charge for the hire period are returned with the hired items or will be subject to a replacement charge.

C. CHARGES AND PAYMENT
The Charges for hire services shall be on a time basis as follows unless stated otherwise in the order. All hire charges are based as a percentage of the risk value of the items on
hire: Week 1 – 20% for first week of quoted risk value
Week 2 – 25% of quoted risk value Week
3 – 29% of quoted risk value
3% to be added each additional week thereafter
The Customer shall pay on commencement of hire services and on notice of any agreed extension of hire services. Payment is due for all services at the time of hire before collection. By arrangement only, at the Company’s
discretion, payment may be made within 28 days of the dated invoice.

D. LOSS, DAMAGE AND INSURANCE
Subject to fair wear and tear the Company’s items should be kept in good repair and condition. Items damaged or altered will be restored by the Company who will charge based on cost of restoration. Items not returned or
which cannot be restored will be charged at the insurance risk value as detailed on hire. It is the responsibility of the Customer to insure at the insurance risk against loss or damage caused from time of collection until return
and to produce a valid certificate of insurance when asked to.

E. INTEREST
If the Customer fails to make any payments when due the Company shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current base rate accruing on a daily basis until the
date of actual payment of the overdue amount compounding quarterly. Where restoration services are provided the Customer irrevocably appoints the Company to store and dispose of any items which have been left in the
Company’s possession for more than 60 days after the Company’s invoice date. The Company shall not be liable to the Customer by reason of storage or disposal and the Customer shall indemnify the Company in respect of
any claim in relation to that storage or disposal.

F. CANCELLATION
A booking fee of 10% of risk value or a £50 minimum hire fee (whichever is greater) will be made for orders cancelled within 24 hours before collection.

G. TERMINATION
The Customer shall have the right to terminate the contract by giving the Company one (1) week’s written notice. On termination of the contract the Customer shall pay all of the Company’s unpaid invoices and, in respect of any
services supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Customer on receipt, and the Customer shall return all hired items to the Company.

H. LIMITATION OF COMPANY LIABILITY
The Company shall not be liable to the Customer for any loss of profit, damage, injury or any indirect or consequential loss arising under or in connection with services provided or as a result of the hired items not being fit for the
purpose intended by the Customer. The Company’s total liability to the Customer in respect of all other losses arising under or in connection with the services provided shall in no circumstances exceed the value of the contract
between the parties. The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this contract as a result of an event beyond the reasonable control of the Company.

I. GENERAL AND INTELLECTUAL PROPERTY RIGHTS PROVISIONS
All intellectual property rights, excluding any rights which may be owned by a third party, where registered or unregistered and inclusive of but not limited to patents, copyright, trademarks, rights in goodwill, rights in design
and moral rights in any of the items hired by the Company or arising out of or in connection with the services provided by the Company shall be owned by the Company. The Customer shall be responsible for investigating and
identifying any copyright owned by a third party in respect of any hired items and shall not infringe any such third party copyrights. The Customer shall keep the Company fully and effectively indemnified from and against all
liabilities, costs, claims, proceedings, actions and expenses arising directly out of the Customer’s actual infringement of any intellectual property rights inclusive of any third party copyright. The Company agrees to promptly
respond to any requests for information about the props made by the Company or supplied by the Company to the Customer including, without limitation, providing the Customer, to the extent possible, with information about
the origins of the Props, and the Customer undertakes to promptly and co- operate with any additional queries in connection with the Props supplied by the Company to the Customer.

J. CUSTOMER’S FUTURE USE OF THE PROPS
Should the Customer require use of the Props for further use in connection with the production, the Company shall permit the Customer to again photograph or otherwise use the props for such purpose upon the same terms and
conditions as these terms and conditions, including payment at the rates set as above. The dates and times for such additional use shall be subject to Company’s approval, which Company shall not unreasonably withhold.

K. ACTION FOR BREACH OF TERMS & CONDITIONS
The Company’s action for Customer’s breach or termination of the Terms and Conditions shall be an action for damages.

L. GOVERNING LAW
The Conditions shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English and Welsh Courts.