Terms and conditions for hires
TERMS AND CONDITIONS OF HIRE
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1. PARTIES
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(a) The Hirer is Scott Rogers Gallery of Vanessa house, Broken gate lane, Denham, Bucks, UB9 4LA.
(b) The Hiree is the person or business named on the purchase order or rental agreement. If the business address for communication and service of the Hiree is not in the United Kingdom, then the Agent named on same shall be jointly and severally liable with the Hiree to the Hirer for all terms and conditions of hire and the address for communication and service for the Hiree shall be that of the Agent.
2. OFFICIAL ORDER
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All transactions with the Hirer are to be on the Hiree’s purchase order or rental agreement quoting the work and hire charge as agreed for a period on a weekly basis. All items to be covered by official purchase order or rental agreement showing registered business address and VAT No.
3. HIRE CHARGES
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1st week – 10% of quoted value of the work, 2nd week – 5% of quoted value, 3rd and 4th weeks – each 2.5% of quoted value. The maximum initial hire period is 4 weeks; longer hires may be organised by special arrangement. A minimum invoice amount of £100 is applicable to all invoices.
4. EXTENDED HIRE AND ADDITIONAL CHARGES
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The Hiree cannot extend the hire period without an agreement in writing with the Hirer at least 48hrs ahead of the original return date. An agreed Extended Hire will be confirmed by the Hirer with an Extended Hire quote and invoice.
works returned outside of the agreed hire period without prior agreement may be subject to a Late Fee of up to £150+VAT, or the value of the Extended Hire.
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Collections or returns arranged outside of normal operational hours may be subject to an Out of Hours Fee.
5. PAYMENT​
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Due for all services at time of hire (in case of extension at the time of notice), except for account customers, when payment is due after 30 days from the date of order.
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We accept payment by bank transfer. In providing card payment details, the hiree authorises the use of these against any sums that become owing to us in regards to extended hire, loss or damage.
6. LOSS/DAMAGE AND INSURANCE
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The Hiree agrees that during the hire period the work shall be kept in good repair and condition. Works returned damaged or altered without the Hirer’s prior written consent will be restored by the Hirer who will charge the Hiree on the basis of cost restoration (including where appropriate depreciation in value). Works not returned or which cannot be restored will be charged at insurance risk value as detailed on the hire contract. It is the responsibility of the Hiree to insure the hire works. The insurance must cover the risk values against loss or damage howsoever caused from time of collection until return and to produce a certificate of insurance on demand. The Hiree must report any discrepancies within 24 hours from collection.
7. COLLECTION AND DELIVERY
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Collection and return of goods is by the Hiree. We reserve the right to not load a job if we feel the client has sent unsuitable transport or that the works are not packaged in the same crate[s] they were delivered in.
8. PRESERVATION​
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No alterations shall be made to works without prior written consent of the Hirer. Any permission granted for such alterations shall be subject to the limited conditions set out in writing and detailing any agreed alterations. Labels identifying items as the property of the Hirer shall not be removed. The location of works at all times shall be confirmed to the Hirer on demand.
9. INDEMNITY AND LIMITATION LIABILITY
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9.1 The Hiree shall indemnify the Hirer against any and all losses, demands, claims, damages, costs, expenses (including legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by the Hirer in respect of (i) any damage to the works, (ii) any claim made against the Hirer by a third party for personal injury arising out of in connection with the Hiree’s use of the works, and (iii) any claim made against the Hirer by a third party for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Hiree’s use of the works otherwise than in accordance with these Conditions of Hire.
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9.2 Nothing in this clause 9.2 shall limit the Hirer’s liability for death or personal injury resulting from the Hirer’s negligence or for fraud or for any other liability to the extent the same cannot be excluded or limited by law. The aggregate liability of the Hirer in respect of any loss or damage suffered by the Hiree and arising out of or in connection with these Conditions of Hire, shall not exceed the greater of £1000.00 and the amount of the hire charge actually paid.
10. SUREITY
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In certain circumstances the Hirer may request a surety on behalf of the Hiree. The essential terms of the surety shall be to guarantee to the Hirer the due performance by the Hiree of all the hire terms and conditions. Notwithstanding any other terms or dispensation agreed with or granted to the Hiree, the surety shall at all times be liable for the performance of all terms of the agreement, including but not limited to payment for loss or damage of any works.
11. COPYRIGHT AND TERMS OF USE
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11.1 The Hirer grants the Hiree the non-exclusive non-transferable non-sublicensable right to use the works provided for hire in accordance with the hire contract solely for the purposes of use by the Hiree in the agreed film, television programme, commercial, still photography or event (as applicable). No works hired shall be used for any purpose other than that for which such works are hired in accordance with this clause 11.1 and the hire contract and shall not be lent or sub-hired to any third party.
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11.2 Any breach of clauses 8 and 11.1 above or any other unauthorised use of the works by the Hiree will be deemed a material breach of this Without prejudice to any other rights and remedies that the Hirer may have, the Hirer will be entitled to require the Hiree to immediately stop using the works and promptly return the works to the Hirer upon any such material breach.
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11.3 Where an item is expressed to have a ‘Licence to Use’ on the hire contract, the Hirer warrants that it owns or controls the works and the copyright in the works and has the right to grant to the Hiree the right to use the works for the agreed purpose of use. Clearances in relation to its use of the works in the agreed film, television programme, commercial, still photography or event (as applicable) are only for decoration purposes and shall always be shown in a good light, any unusual use of the works must be discussed with the Hirer prior to the works being hired.
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11.4 No warranty that the works are fit for the Hiree’s purposes is given by the Hirer.
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11.5 Ownership of the works shall at all times remain vested in the Hirer and/or the copyright owners (as applicable) and the Hiree shall have no right, title or interest in the items except for the right to use the items upon the terms and conditions contained in these Conditions of Hire. The Hiree undertakes to the Hirer that it will not sell, assign, let, pledge, charge, encumber, part with possession of or otherwise deal with the works or any interest of the Hirer therein.
12. PACKING CASES
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Packing cases which are supplied free of charge for the hire period shall be charged to the hirer if not returned.
13. CANCELLATION OF ORDER
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A cancellation fee of 50% of hire cost will be applicable for confirmed orders cancelled within one working day before dispatch day.
14. LAW
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All parties agree that English law shall apply and that they shall submit to the exclusive jurisdiction of the English Courts.
