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1. 'The Company' shall mean Aimimage Ltd. 'The Customer' shall
mean the person or Company contracting with the Company. 'The
Equipment' shall mean all or any of the items of whatsoever
nature which are hired or contracted to be hired to the Customer
by the Company.
2. It is imperative that Customers and their insurers
read Aimimage's Terms & Conditions (further copies available),
as exemption or modification of liability of the Company or
indemnity from the Customer may apply. The 'Company' with
respect to those clauses that may modify or exempt liability
extends to its directors, agents and servants.
3(i). The Company is engaged in the supply of Equipment
materials and services in circumstances where it is customary
for such facilities to be supplied at the Customer's risk
and where the Customer is required to provide insurance.
3(ii). By an placing order with the Company, the
Customer constitutes a business transaction into which both
parties are freely entering.
3(iii). Any advice, instruction, guidance, representation
or statement in connection, with or in relation to the nature
use and application of any Equipment materials or services
supplied by the Company given, or made by any director or
by any servant or agent of the Company or by any technician
whose services are supplied to the Customer, is given or made
only on condition that the Company shall in no circumstances
be liable, therefore, or for loss or damage of any kind resulting
there from however caused.
3(iv). The Customer shall at all times keep effectively
indemnified the Company, it's Directors, servants or agents
against all actions, proceedings, claims, costs, charges,
damages and demands of whatsoever nature may be made or brought
against the Company, it's Directors, servants or agents by
any third party in relation to or in connection with or arising
from the Equipment or use thereof.
4. The Company enters into all agreements with the
Customer solely on the terms of these Conditions and no representation
or warranty collateral or otherwise shall bind the Company
and no statement made by any representative by or on behalf
of the Company shall vary these Conditions unless such representation
warranty or statement shall be made in writing and signed
by a director of the Company.
5(i). It is necessary for the Customer, because
the Company offers no guarantee, to ensure that checks and
tests are made upon Equipment and materials, for example film
testing all cameras and lenses, batch testing film stock,
feasibility tests on special effects Equipment and other specialized
Equipment before they are put into use both for completeness
and correct functioning and fitness for the Customer's purpose.
This must be in ample time for defects and deficiencies to
be remedied and replacements to be obtained where necessary.
5(ii). Whilst we endeavour to supply Equipment,
in full working order, we cannot guarantee that Equipment
and materials supplied will not in some respects be defective
or unfit for their purpose. The Customer must ensure suitably
qualified personnel undertake to carry out necessary checks
on Equipment in good time to notice or rectify faults. The
Company is not responsible for any consequential loss, whether
it be of lost filming time or howsoever affected. Provision
to safeguard the interests of the Customer should fall within
insurance arrangements that extend to third party provision
and the standard elements of cover particular to the customs
and practices of the film, television and presentation industries.
6. The Company is not obliged to deliver or collect
Equipment. Where at the request of the Customer the Company
delivers or collects Equipment or materials such delivery
or collection shall be at the Customer's risk and expense.
Insurance cover should reflect delivery and collection risks.
7(i). The Company advises and expects the Customer
wherever possible to take out insurance (which must be marked
"without recourse against the Company") against loss, damage
or liability caused by, or rising out of or connected with
defects or deficiencies in Equipment or materials or services
supplied by the Company whether caused by negligence or breach
of contract of the Company or howsoever caused. The Customer
ought also to insure against claims by the Customer's employees
or technicians and other persons arising out of or connected
with the Customer's use of the Company's facilities.
7(ii). The Company will, if requested, make available
to the Customer the name of insurance companies who may be
willing to quote for such insurances (with adequate cover
in relation to the scale of operations) including those generally
termed or corresponding to Film Producers Indemnity Insurance,
Film Negative Insurance (with full extension) and Public Liability
/ Third Party Insurance (including contractual liability).
The list of policy types mentioned is not exhaustive.
7(iii). Rates for Equipment and services charged
by the Company bear no relation to the true value of Equipment
entrusted to the Customer. Conditions apply whether or not
the Customer is operating within the disciplines, custom and
practice of the film television or presentation industries.
7(iv). The Company requires hired Equipment to be
insured against physical loss or damage for its full replacement
value from the time it leaves the Company's premises until
it is returned. Regardless of whether it is the Company or
the Customer which effects such insurance, the Customer must
make a full disclosure of all material circumstances affecting
such insurance. The Customer must bear in mind that Insurers
may include in the policy conditions designed to exclude from
cover the consequences of failure to take reasonable precautions
for the safety of Equipment. In these circumstances, for example,
to leave valuable Equipment in an unattended vehicle whether
locked or otherwise may well be regarded by Insurers as sufficient
to exclude liability under the policy. (see 6)
7(v). Where the Customer insures its materials and
its work and operations against loss damage or liability caused
by or arising out of or in connection with Equipment, materials
or services supplied by the Company or any contract with the
Company, the Customer shall inform insurers of these Conditions
and shall ensure that its policy is endorsed to the effect
that there shall be no recourse against the Company.
7(vi). Without the prior consent of the Company
hired Equipment must not be used on any abnormal or hazardous
assignment or taken out of the United Kingdom or taken from
the ground other than on a regular scheduled flight by any
airline recognised by I.A.T.A.
7(vii). The Company maintains insurance cover on
certain road vehicles, which according to the principle of
'named' drivers ensures insurance cover is provided by our
insurance arrangements according to the Road Traffic Act and
others. However, the Customer is liable for the 'excess' charge
of 750 for damage caused and resulting in a claim.
8(i). Where at the request of the Customer the Company
supplies the services of a technician or other person to the
Customer such a technician or other person shall for the purpose
of any liabilities to third parties or- loss or damage sustained
by the Customer, the Company shall not be liable for loss
or damage of any kind, however caused, even where such loss
or damage shall have been caused or contributed to by the
negligence of the Company.
8(ii). Where the Company supplies the services of
technicians and other personnel such services are supplied
subject to the provisions of any relevant union agreement
and contract of service and the Customer shall observe and
perform the same.
9. Time is not of the essence of any contract with
the Customer and the Company shall not be liable for any delays
in the supply of Equipment materials and services by it, or
any losses whatsoever due to any such delays howsoever caused.
10. If it is proved to the satisfaction of the Company
that film stock or magnetic tape supplied by it to the Customer
or entrusted to the Company by the Customer has been damaged
or lost due to the fault of the Company its directors servants
or agents, the Company undertakes to replace such film stock
or magnetic tape by a similar length of any unexposed film
stock or unused tape of similar quality without additional
charge. But the Company shall in no circumstances be under
any other liability whatsoever resulting from or in connection
with such damage or loss. (see 5ii)
11. The hire charge for Equipment commences from,
whichever is the earlier of the time, when the Equipment is
made available to the Customer or leaves the Company's premises.
It is terminated at the end of the agreed hire period or when
Equipment is returned to the Company's premises, (or if damaged,
repaired, or if lost or damaged beyond repair), replaced,
whichever is the later, provided that the amount of any additional
hire charge payable as a direct result of accidental loss
or damage to Equipment shall not exceed 13 weeks rental.
12. The Equipment specifications and the prices
and rates published in the Company's catalogues are subject
to alteration without notice.
13. The reduced rate for weekly hire of Equipment
is for any 7 consecutive days, additional part-week hire period
will be charged at daily or weekly rates, whichever is the
less.
14(i). The Customer shall compensate the Company
for any loss which the Company may suffer as a result of any
cancellation or variation of any order for the supply of Equipment
materials or services or failure to return any hired Equipment
to the Company's premises at the termination of the agreed
hire period in good condition, fair wear and tear excepted.
14(ii). The Customer shall pay to the Company the
full replacement value of hired Equipment not returned or
the full cost of repairing any damage together with any additional
hire charge due. Including, Filters, electric light bulbs,
ground glasses, 'lens elements' and similar items are supplied
on the basis that any deterioration while in the Customer's
possession is the responsibility of the Customer and will
be charged for.
14(iii). Customers must keep hired Equipment in
their custody and must ensure that it is used in a skillful
and proper manner by persons having the appropriate qualifications
and experience and who are familiar with the type of Equipment.
Customers must protect hired Equipment from the elements and
take all reasonable precautions for its safety. Under no circumstances
may Customers alter, add to, modify adapt or misuse Equipment
hired to them by the Company or remove or disfigure any label
or plate or identification or affix to, such Equipment install
thereon or insert therein any accessory Equipment or device
incompatible with its proper use.
14(iv). Customers must not sell loan assign pledge
encumber part with possession or suffer any lien to be created
over hired Equipment and the Company may terminate any hiring
forthwith and without notice in the event of a Customer making
any attempt to do so or doing any act or omitting to do any
act which in the opinion of the Company jeopardises the Company's
rights in the Equipment or becoming the subject of any bankruptcy
or liquidation proceedings or becoming insolvent or allowing
any judgment or well founded claim to remain unsatisfied or
failing to pay any hire charge or other sum due to the Company
or failing to comply with these Conditions.
14(v). The Customer agrees that a representative
of the Company may enter upon any premises upon which hired
Equipment may be kept or reasonably believed to be kept for
the purpose of its recovery at the termination of any hiring
period. and where such Equipment is on premises not occupied
or under the control of the Customer, the Customer undertakes
to secure for the Company permission to enter for such purposes
and the Customer shall compensate the Company for any costs
incurred in repossessing hired Equipment.
15(i). The Customer agrees that any film, magnetic
tape, Equipment, materials or property in the possession or
custody of or handled by the Company may be subject to a lien
for the general balance of the moneys from time to time due
to the Company from the Customer however arising.
15(ii). Any acceptance of the return of/or repossession
of the Equipment or the granting of any indulgence by the
Company shall not constitute a waiver of its rights under
these conditions.
16. All accounts are rendered for immediate settlement. Where credit is granted by the Company payment must be made within 30 days from the date of invoice. Interest at 18% per month will be payable on all accounts not settled within 30 days from date of invoice, such interest to be calculated from the date of invoice.
17. We reserve the right add a 30% recovery premium to an outstanding invoice if an investigation company or legal action for recovery are required.
18. Quotations, unless otherwise stated, are valid
for 28 days from issue.
19. These Conditions shall be governed by and interpreted
according to English Law and be subject to the jurisdiction
only of the Courts of England.
20. Our web-based rate card supercedes any previously printed versions.
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