TERMS AND CONDITIONS
The Classic Prop Hire Co Limited (the Company)
TERMS AND CONDITIONS OF HIRE (CONDITIONS)
1. These Conditions apply to the hire of all items (Hired Items) by the Hirer from the Company.
2. These are the only conditions on which the Company will deal with the Hirer, and they shall govern each order by the Hirer to the exclusion of all other terms and conditions including those that the Hirer purports to apply under any purchase order (PO) or other document unless the Company and the Hirer specifically agree in writing otherwise.
3. 1st week – 10% of the Replacement Value (RV)
4. 2nd week – 5% of the RV
5. 3rd week – 2.5 % of the RV
6. An additional charge of 2.5% of the RV will be added per week added thereafter.
7. The period of the hire (Hire Period) commences from when the Hired Items are collected and the period of hire ends when all Hired Items have been returned and accepted by the Company.
8. A deposit may be required before the Hired Items are collected or where Hired Items are taken out of the country.
9. Full payment is required before collection.
10. There is a minimum hire charge of £25 + VAT.
11. Either a PO or company email must be provided for the hire before collection.
12. For cash payments for orders, credit card details may be held to ensure safe return of Hired Items, and the information destroyed upon safe return.
13. If the Hirer fails to make payment when due, the Company has the right to charge interest on the overdue amount at the rate of 4 per cent per annum.
14. Without affecting any other right or remedy available to it, the Company may terminate or cancel any order with immediate effect by giving written notice to the Hirer if:
(a) the Hirer fails to pay any amount due on the due date for payment;
(b) the Hirer commits a material breach of its obligations under these Conditions and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing to do so;
(c) the Hirer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(d) the Hirer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
15. Subject to Conditions 16, 41 and 42 (Cancellation Charges) The Hirer may terminate any order on written notice.
16. On cancellation or termination:
(a) the Hirer shall immediately pay to the Company all outstanding unpaid invoices and in respect of Hired Items supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Hirer immediately on receipt;
(b) the Hirer shall return all of the Hired Items and if the Hirer fails to do so, then the Company may on reasonable notice enter the Hirer’s premises and take possession of them.
OWNERSHIP & CONDITION
17. The Company warrants that it is the owner of the Hired Items and has the right authority and power to hire the Hired Items in accordance with these Conditions without the consent of any third party. ‘No warranty of fitness’ is given by the Company. The Hirer acknowledges that it has hired the Hired Items as a non functioning props, and that they will be sent out in the condition in which they are viewed. No work will be done on Hired Items unless agreed otherwise. The Hirer acknowledges that it is its responsibility to satisfy itself with the use/application of the hired items and all safety aspects of them.
18. Electrical goods are supplied as props and not for the original use intended. The Hirer acknowledges and agrees that no warranties are given and the responsibility for their use rests with the Hirer.
LIMITATION OF LIABILITY
19. The Hirer agrees that the Company will not be liable for any loss (including, without limitation, loss of profits, revenue, contracts, business, anticipated savings, goodwill, reputation, or any indirect or consequential losses), claims, costs, damages, charges or expenses arising out of or in connection with the use or otherwise of any Hired Item by the Hirer from the Company.
20. The Company agrees that the Hirer shall not be liable for loss of profits, revenue, goodwill or reputation or any indirect or consequential losses.
21. The Company’s total liability to the Hirer in respect of all other losses arising shall not in any circumstances exceed the value of the contract between the parties.
22. The Hirer’s total liability to the Company in respect of all other losses shall not exceed £5,000,000.
23. Nothing in these Conditions shall operate to exclude or limit the Company’s or the Hirer’s liability for death or personal injury caused by the Company’s or Hirer’s negligence or fraudulent misrepresentation as the case may be.
24. The Hirer is responsible for collection and the cost of collection is not included in the hire charge.
25. All information on order forms must be checked before collection to ensure that nothing is missing and a PO issued to the Company. The Company will not take any responsibility for missing items.
26. Packing crates are hired out free of charge to ensure the safety of the Hired Items, however if they are damaged or lost there will be a fee of £35 + VAT each.
27. No alterations are to be made to Hired Items during the Hire Period, unless otherwise agreed by the Company.
28. Any labels or markings acknowledging ‘Classic Props’ ownership of the Hired Items are not to be removed unless otherwise agreed.
29. Hired Items not returned by the due back date will be subject to an extended hire charge until they have been returned.
30. If the Hirer wishes to extend the Hire Period it must notify the Company prior to the end of the Hire Period. Payment is to be made upon notification.
LOSS, DAMAGE AND INSURANCE
31. Upon collection, the Hirer is responsible for the Hired Items and they must be insured with a reputable company based within the UK.
32. The Hirer must ensure that any sub contracted transport has adequate insurance cover.
33. Collection can be refused if adequate protection has not been made available- ties, blankets.
34. The Hirer must report any damage to Hired Items on delivery to the Company within a 24 hour period from collection.
35. The Hirer is responsible for ensuring that the Hired Items are returned in the same condition that they were in when they were released from the Company subject to fair wear and tear.
36. The Hirer is responsible for the cost of repairing damage to the Hired Items incurred during the hire period. If loss occurs or the damage is beyond repair, the full RV of the Hired Items will be chargeable to the Hirer’s account.
37. The costs of damages/losses are due upon an invoice being issued, not upon the settlement of an insurance claim.
38. A signature from a Company representative must be obtained upon the Hired Items return.
39. Where the Hired Items comprise or incorporate artwork the Hirer shall be responsible for investigating and identifying any third party copyright and shall keep the Company fully and effectively indemnified from and against all liabilities cost and claims proceeding actions cost and expenses arising out of the Hirers alleged or actual infringement of such copyright.
40. The Company acknowledges that the Hirer shall be the sole and exclusive owner of all rights including copyright in still pictures, motion pictures, video tapes digital files and recording incorporating the Hired Items (the Materials) and that the Hirer shall have the free unrestricted right to use and exploit the Materials in any manner whatsoever.
CANCELLATION/ HANDLING FEES
41. 10% of the hire charge is chargeable when the order is cancelled 24 hours prior to the date collection is schedules (the Collection Date).
42. 50% of the hire charge is chargeable when the order is cancelled on the Collection Date.
43. For the purpose of this Condition where terms and expressions are not defined in these Conditions they shall have the meanings assigned to them in Regulation (EU) 2016/679 as amended or replaced from time to time and any regulations or statutory instruments enacted thereunder (GDPR). Each party agrees to notify their staff that (i) the other party may process personal data relating to them (in particular business contact details) in connection with their legitimate business interests in managing the relationship between them (ii) either party may share such personal data with its associated companies, licensors sub-contractors and agents for this purpose, which may include transferring their personal data outside the European Economic Area in which case the relevant party shall ensure that there is adequate protection for such personal data as required by law and (iii) that staff can contact the relevant party to enforce their data related rights and find out more about data protection at the relevant party. Both parties agree that they shall and shall procure that their staff shall in performing their obligations under these Conditions comply in all respects with the GDPR and all other data protection and/or privacy laws.
44. The Company will and shall procure that all Company staff will keep the terms of the agreement with the Hirer confidential and will keep confidential any information relating to the project for which the Hired Items are being hired (the Project) including personnel engaged in the Project and the Hired Items used in the Project itself provided that nothing in this Condition shall prevent the Company disclosing any information to (i) Company staff and advisers on a need to know basis (ii) as required by law or any regulatory authority or (iii) which comes into the public domain otherwise than by a breach of this Condition.
45. The Company will endeavour to meet all of its commitments agreed in writing, however cannot be held responsible for delays due to circumstances beyond its control.
46. If any provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions.
47. A waiver of any right or remedy under these Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
THIRD PARTY RIGHTS
48. These Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
49. In the event of any claim under these Conditions the Company shall be limited to a claim for damages.
50. Except as set out in these Conditions, no variation shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
GOVERNING LAW AND JURISDICTION
51. These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or their subject matter or formation.