CONTRACT FOR THE HIRE OF ............ EQUIPMENT as listed on the Purchase order, by ...........
CONTRACT FOR THE HIRE OF ............ EQUIPMENT as listed on the Purchase order, by
...........
1.
The Owner of the equipment is Lighthouse Films Ltd. Guy’s Head
Lighthouse, Lincolnshire, PE12 9QJ.
The hirer is................
2. The equipment to be hired is as listed on the attached Purchase Order.
The equipment is hired to, and for the sole use of, the HIRER
3. The hire period is from ........ to .......... and until returned
4. The hire charge for the camera equipment listed,............per week. If the hire period is extended, for whatever reason, the HIRER agrees to pay pro-rata, per day until the equipment is returned in working order.
5. The HIRER will not assign this contract or re-hire or part with possession of any of the equipment without the OWNERS consent.
6. The OWNER shall use its best endeavors to supply the equipment in good working order. The equipment shall be deemed to be in good repair and condition and to the hirers satisfaction upon receipt of the equipment by the HIRER unless the HIRER gives notice in writing to the OWNER before commencement of the shoot. No warranty is given that the equipment is suitable for the purpose for which the HIRER requires it.
7. The HIRER shall at all times keep and, at the end of hiring, return, all the equipment in good working order and good repair and in clean condition and will not in any way alter or modify any part of the equipment. The equipment shall be deemed to be still on hire to the HIRER till the equipment is returned in such good condition and until the completion of any repairs/replacement if such are required. The HIRER will pay to the OWNER all losses, costs and expenses whatsoever incurred by the OWNER as a result of any breach of this condition.
Receipt of the equipment by the owner on its return from the hiring shall be deemed to be acceptance of it’s being in the same condition as it was at the commencement of hire, fair wear and tear excepted, unless the OWNER informs the HIRER otherwise in writing within ten days.
8. The HIRER undertakes to use and maintain the equipment at all times
strictly in accordance with the manufacturer’s instructions. The HIRER
agrees not to use the equipment in proximity to Sea Water without the prior
agreement of their insurance company and then only with the use of a splashbag
or similar protective equipment as agreed with the Hirers insurance company.
9. The OWNER shall not be liable for any loss or damage whatsoever suffered by the HIRER or any other person whether direct or indirect caused by, or arising from, breakdown, failure, stoppage or unsuitability of, or defect in, the equipment during the hiring nor shall any breakdown, failure or defect in the equipment invalidate the HIRER’S obligation to pay hire charges in full, UNLESS, in the definitive and definite opinion of an agreed third party, there was some inherent defect or weakness in the equipment prior to it’s hiring, a defect or weakness that the owner should have, with due diligence, been aware of, and the equipment was as a consequence rendered unusable by the HIRER. In this latter case then the owners liability shall be to replace that equipment forthwith or reimburse the HIRER for any replacement hire costs involved, those costs not being greater than the fees due to Lighthouse for that element of the equipment for that period of time when it was unserviceable. In any event both the HIRER and the OWNER will make every and immediate effort, jointly if possible and with good will, to ensure a speedy temporary replacement for the item in question and to ensure that the production continues with minimal disruption.
Where one piece of equipment, that duplicates the function of another piece of equipment, e.g. a battery becomes unserviceable, then it becoming unserviceable shall not be deemed to give cause for the hirer to request a reduction in the hire fee.
10. The HIRER is responsible
for insuring the equipment against all physical loss of or damage to, the
equipment during the hiring, from the moment of dispatch from Lighthouse to the
moment of it’s return to Lighthouse. The
HIRER accepts the responsibility for the cost of rectifying any cosmetic damage
and acknowledges that the ....... camera supplied by Lighthouse is unmarked.
10b.
In the event of the cancellation or curtailment of the agreed period of
hire by the HIRER then the HIRER will pay the OWNER for any costs incurred, such
as the hiring in of equipment by the OWNER for the HIRER, and for any loss
incurred by the OWNER related to an identifiable hire to another party that the
OWNER would have made had the equipment been available.
If there are no such identifiable losses incurred by the OWNER the OWNER
will not make any charge to the HIRER for any such cancellation or curtailment
of the hire.
11 The HIRER, not their cameraman, is responsible for settlement of the account which is to be settled within 21 days of the return of the equipment to the OWNER or of receipt of the invoice from the owner, whichever is later. VAT if appropriate is applicable to the hire fee. The OWNER has the right to charge and the HIRER agrees to pay 2% per month interest on overdue accounts.
12 No variation of these Conditions of Hire shall form part of this contract unless specifically agreed to in writing. No conditions or warranties other than those herein specifically set out shall be implied or deemed to be incorporated in or form part of this contract.
The receipt of the equipment by the hirer shall be deemed to be acceptance of these conditions of hire by the hirer.
agreed by .................... pp. …........……..
and by the OWNER Simon Normanton pp Lighthouse
dated ..........