Terms and Conditions
Terms and Conditions
General 1.
GENERAL All Contracts, whether oral or in writing, are entered into by the Company subject to these Conditions:
(a) The Company means UK Production Services Limited and any other Company which shall from time to time be a subsidiary or holding Company (as defined by Section 154 of the Companies Act 1948) of UK Production Services Limited.
(b) The Customer means the individual, firm, company or other person with whom the Company contracts.
(c) The Contract means any contract entered into between the Company and the Buyer for the supply by the Company to the Buyer of the Goods and any other services the Company agrees to provide. The Company may as sign, sub-contract or sub-let the fulfillment or performance of the Contract or any part thereof. The Customer shall not as sign the benefit or burden of the Contract without the written consent of the Company.
2. DESCRIPTION AND SPECIFICATION
(a) The Company offers quotations and suggestions that are provisional in that they may be changed by reference to any circumstances beyond the Companies control taking place between the date of quotation and the Customers acceptance thereof and the Company reserves the rightto change prices without having to reprint all stationery or promotional literature whereupon prices may be quoted.
(b) The Company reserves the right to increase the contract price whether before or after the making of the Contract in circumstances where the Company reasonably believes that the Customer has under-ordered equipment or has underestimated the amount ofwork involved in setting up equipment by the Company for and on behalf of the Customeror in any other circumstances where the Customer will require from the Company more goods or more services in order that the Company may complete the Contract.
(c) (i) The full Contract price shall be paid by the Customer to the Company in the event ofa failure of notification from the Customer to the Company of a cancellation of an event or promotion.(ii) Full rental charge shall be paid by the Customer to the Company in the event of equipment being rented but not collected from the Companies premises.
4. GOODS AND PRODUCTION SERVICES
(a) The Company offers a range of goods and services these range from equipment rental offered on a dry hire basis (rental only no support) Wet hire Rental (Rental with limited support as described in our estimates and quotations) and Full Production (fully support event)
(b) Copyrights, the Company retains all rights for any and all material it captures on behalf of its clients, whether in the UK or other locations. These copyrighted materials maybe licensed or assigned to a client for a specific use, it is the clients responsibility to inform the Company of its use of materials made available by the Company. Failure to request release of material can result in copyright charges being applied.
(c) Copyright waiver, if the company is engaged in a production and a fee for the work has been agreed prior to commencement of work the copyright shall be assigned to the client.
(d) Media Partnership and Media rights for events, functions and parties. The Company shall control access to these events in full, it shall issue clearance and press passess if required and accredit third parties. Third parties, may only film with the full persmission once clearance has taken place. All media including material shot by third parties, be it digital, analogue, video/ audio recordings and not excluding film used for still or moving images including digital film for stills and HD video. Automatically becomes the property of the Company, it shall be owned in full including original source material filmed on whatever media. The title, deed and all commercial rights of this material shall be transferred automatically to the company. Any Patents, Discoveries not exluding Interlectual Property are also covered by this transfer of ownership. The Company, shall not be held liable for any views expressed in the source material. The company shall control all aspects of media management, this includes the distribution by any means the Company deems suitable.
(e) model and image release documents anyone filmed by the company does so out of free will and the company holds the rights for these interviews, images both digital and film based as well as any audio recording forever. It can assign these at will to any medium it chooses, for any purpose it chooses. Both in the UK and any other region not excluding the internet, transmission by both terrestrial and extra-terrestrial means including telephony and other means. The individual concerned releases their rights directly to the company, The company shall not be subject to any third party claim and assumes no liability for content as some views expressed may not be the views of the company. It owns the images, recordings both digital and on film as a whole and will remain the guardian of these forever.
(f) goods for sale see separate terms and conditions for our goods for sale.
5. DELIVERY
The Equipment shall be delivered and collected at such time and place as shall be mutually agreed between the Company and the Customer. If delivered to the Customer the signatureof any person purporting to be any employee of the Customer shall be sufficient evidence ofdelivery. The Company shall use its best endeavours to comply with any time schedules butwill accept no liability for non delivery of Equipment or non arrival of technicians by a specifictime or date or within a specified time from receipt of order. The Company shall not be liable fordelays due to unforeseen circumstances or due to causes beyond its control including but notlimited to acts of nature, acts of Government, Labour disputes and delays in transport.
6. TERMS OF PAYMENT
(a) The Customer shall pay the contract price in full within 14 days of the date of the invoice.
(b) If the Customer fails to pay the contract price in full within 14 days of the date of theinvoice, the Customer shall immediately and without further demand become liable topay all sums due under all other contracts made between the Company and theCustomer notwithstanding that 14 days has not elapsed from the date of the invoice or invoices in respect of all other contracts.
(c) The Customer shall pay interest on all sums due to the Company at the rate of 3% per month.
(d) If any of the events specified in Clause 9 below occurs, the Customer shall become forthwith and without further notice liable to pay the contract price notwithstanding that 14 days have not elapsed from the date of the invoice in respect of the contract.
7. CLAIMS
(a) The Company cannot be held responsible for the failure of the equipment or for anyconsequential loss or damage arising out of the use of the equipment or servicesprovided by the Companies employees hired out to the Customer and the Customeracknowledges that by taking delivery of the equipment he accepts that it has been fullymaintained and was in good and substantial repair before leaving the Companiespremises.
(b) The Companies liability in respect of any defect or failure of equipment supplied on hireis limited to making good such defect or failure by repair or replacement at the Companiesoption. Equipment will be returned to the original delivery destination. Additional costsincurred as a result of delivery to any other destination or as a result of priority carriagewill be charged at the Companies discretion. In particular but without prejudice to thegenerality of the foregoing the Company will not be liable in any way for loss, damage,Loss of profits or of contracts or any other consequential loss of any kind suffered by theCustomer or any third party and whether caused by negligence or otherwise resultingfrom any delay, late delivery, defect or deficiency of or relating to any equipment orancillaries thereto or any failure, error or mistake by any technicians or other staff of anynature provided by the Company.
8. INSURANCE
(a) The Customer shall be responsible for any equipment lost, stolen, destroyed ordamaged while in the Customers custody and shall return it to the Company in the samecondition and state in which it was hired.
(b) Hired equipment must be insured in its replacement value by the Customer againstphysical loss or damage from the time the equipment leaves the Companies premisesuntil it is returned and notification of the name of the insurers, policy number andconfirmation that the Companies interest has been noted should be given to the Companyprior to the equipment leaving the premises.
9. OWNERSHIP AND RETENTION OF TITLE
The Equipment, Interlectual Property, Recordings, both digital video and audio not excluding film remain at all times the property of the Company and the Customer shall have no right, title or interest therein save that of a hirer thereof under these Conditions. The Customer shall not sell or offer for sale, assign, mortgage or pledge the Equipment or any part or parts thereof or deal with the Customers interest under these Conditions which interestis personal to the Customer and the Customer will keep the Equipment, or copies of material for review purposes in his own possession for his own use and will not allow any lien or other incumbrance to be created in respect ofthe same.
10. RESCISSION OF CONTRACT
If any of the following events occur:-
(a) If the Customer fails to pay any sum due to the Company under the contract or any other contract between the Company and the Customer
(b) If the Customer is in breach of any term of the contract or any other contract between the Company and the Customer
(c) If the Customer enters into a scheme of arrangements with its creditors
(d) If the Customer ceases to trade or suspends payment of its debts
(e) If the Customer convenes a meeting of creditors pursuant to Section 588 of theCompanies Act 1985(f) If a Petition is presented for the winding up or bankruptcy of the Customer
(g) If the Customer resolves that it should be voluntarily wound up
(h) If the Customer is dissolved pursuant to Section 652 of the Companies Act 1985
(i) If a Receiver is appointed over all or any of the assets or undertaking of the Customerthen the Company may at its sole and unfettered discretion (and without prejudice to any of itsother rights against the Customer) by notice in writing to the Customer rescind the contract and/or suspend delivery of the goods and/or it shall there upon be lawful for the Company to retake possession of the hired equipment, assigned materials given for reviw, andfor that purpose to enter into or upon any premises where the same may be.
11. FORCE MAJEURE
Every effort will be made by the Company to carry out the contract based upon their estimatebut the due performance of the contract work is subject to variation or cancellation owing toan Act of God, war, civil riots, strikes, lockouts, fire, flood, storm or drought or any other causebeyond the Companies control or owing to the inability to procure materials or articles exceptat increased prices.
12. LIMITATION OF THE COMPANIES LIABILITY
The Company shall not in any circumstances be liable to the Customer or any third party forany claims in respect of loss of profits, special damage or any consequential loss whatsoeveror be under any liability for or in respect of los s or damage to persons or property how so ever caused whether arising directly or indirectly from the hire or use of the Equipment by the Customer.
13. SPECIAL TERMS AND CONDITIONS
(a) The Customer undertakes not to interfere with or allow any other person to interfere with the mechanism or other parts of the equipment on hire and shall be responsible for anyloss or damage to the equipment as a result or in consequence of interference.
(b) The Customer shall keep the equipment at all times in his possession and control and in an environment suitable to the equipment and upon request by the Company shall promptly inform the Company of the whereabouts of the equipment.
(c) The Company must be given prior notice whenever it is intended that the Companiesequipment is to be used overseas or for any operation of a hazardous or unusual nature.
(d) Any property belonging to the Customer and left on the Companies premises will be atthe Customers own risk.
(e) The Customer may on no account remove, cover or deface any serial number plates,Manufacturers name plates or other identifying marks .
14. VARIATION, WAIVER AND REPRESENTATION
No variation, alteration or waiver of these Conditions shall be of any effect unless made inwriting and signed by a director of the Company. The Company is not bound by any warranty or representation other than as contained in these Conditions.
15. PREVALENCE OF THESE CONDITIONS
These conditions shall prevail over the Customers standard terms of contract in all cases andcircumstances whatever (unless otherwise provided herein) and no term in the Customer standard terms of contract to the contrary or inconsistent effect to these Conditions shall have any force or effect whatever
16. SEVERANCE
.If at any time one or more of the provisions of these Conditions becomes or is held illegal or unenforceable in any respect, the enforceability of the remaining provisions here of shall not in any way be impaired or affected thereby.
17. GOVERNING LAW
The Contract is governed by English Law and the Company and the Customer shall submit to the jurisdiction of the English Courts .
18. QUOTATION AND PRICE
a) The Company’s quotations are provisional in that they may be changed by reference toany circumstances beyond the Company’s control taking place between the date of quotationand the Customer’s acceptance thereof and the Company reserves the right to change priceswithout having to reprint all stationery or promotional literature whereupon prices may bequoted
b) The Company reserves the right to increase the contract price whether before or afterthe making of the contract in circumstances where the Company reasonably believes thatthe Customer has under-ordered equipment or has under-estimated the rental period of theamount of work involved in setting up equipment by the Company for and on behalf of theCustomer or in any other circumstances where the Customer will require from the Companymore goods or more services in order that the Company may fulfill the Contract.
c) The full contract price shall be paid by the Customer to the Company in the event of afailure of notification from the Customer to the Company of a cancellation of an event or promotion.
ii) Full rental charge shall be paid by the Customer to the Company in the eventof equipment being rented but not collected from the Company’s premises.
19. CANCELLATION
In the event of the Customer wishing to cancel the contract or part thereof, cancellation will be effective only on receipt by the company of notification in writing of the cancellation. TheCompany reserves the right to charge cancellation fees in respect of the contract cancelled as follows:
a) Cancellation less that 14 days but more that 7 days before the first day of the contractperiod: 25%
b) Cancellation less than 7 days but more than 3 days before the first day of the contractperiod 50%
c) Cancellation less than 3 days before the first day of the contract period: 100%
20. REFUSAL OF SERVICE
The Company reserves the right of service. The company also reserves the right to review and change it's contractual documentation, from time to time.
