THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS DAMAGE OR INJURY OF ANY KIND WHATSOEVER whether caused consequential or otherwise and whether caused by the negligence or error or omission of its directors servants agents or otherwise other than to the costs of the unrecorded materials in its possession.
The Company will incur no liability for non-completion of work due to non-availability of materials, apparatus or labour to fire, Acts of God or the Queen’s enemies, riot or civil commotion, strikes, lockouts, or labour disputes.
The Company will incur no liability for delay in delivery of in the completion of any job, howsoever caused. Stipulations as to the time of delivery are not to be deemed to be of essence of the contract. Payment will become due on delivery of the invoice unless otherwise stated in writing. Interest at 8% over HSBC Plc base rate will be payable on the late payment of any invoice. All invoices are subject to VAT. Unpaid accounts over 60 days can be passed to an external recovery agent and will incur a minimum of a 20% Recovery fee + Administration fee.
The Company reserves the right to vary at any time any published hiring or service charge without notice to the customer. No discounts are allowed.
The Company may terminate any contract forthwith and without notice in the event of the customer defaulting in payment of any hire charge or other sum due to the company or becoming insolvent or in the case of an individual committing an act of bankruptcy or entering into any composition with the customer creditors or in the case of a company upon any winding up proceedings being commenced or any resolution for winding up the company being passed.
The customer shall at all times keep the Company, it’s directors, servants, agents, or otherwise fully and effectually indemnified against all actions, proceedings, costs (on an indemnity basis) charges claims and demands whatsoever which may be made or bought against the relation to or in connection with equipment, film, magnetic tape, materials, the services of technicians or any other service supplied to the customer by the company.
The customer shall compensate the company at current replacement cost for all damages or loss consequential or otherwise (including loss of use) caused to it by any damage to or deterioration in the equipment, or any delay in failure to return the same in accordance with the Company’s instructions, or any variation or cancellation of any order for the supply of equipment or services by the customer and against breach by the customer it’s employees or agents of any of these conditions.
The customer will pay to the Company its hire charges in respect of any equipment which it fails to return to the Company until the date when the Company receives payment from the customer, its agents or insurers of the full replacement cost of such equipment.
The customer will pay to the Company its hire charges in respect of any equipment which it fails to return to the Company or which is returned damaged until the date when the Company receives from the customer, it’s agents or insurers, the full replacement cost of the equipment or full cost of repairing such equipment or the date when such equipment is repaired or replaced whichever date shall be the later.
Orders for the supply of services and/or equipment are either provisional orders or confirmed orders, when a provisional order has been placed this simply entitles the customer to first refusal in respect of the services and/or equipment ordered in the event of another customer wishing to hire them, the customer making the provisional booking will be entitled to convert it to a confirmed order if he does not do so then the booking will be deemed cancelled without any liability on the part of the Company or Customer. If a confirmed order is placed or provisional order is converted to a confirmed order the customer will in the event of cancellation pay the Company’s full charge for the period for which the services and/or equipment were ordered.
The customer must insure and keep insured the equipment at the customer’s expense against all risks, including loss of use of the equipment by the Company whilst the equipment is being repaired or replaced consequent upon any repair or replacement of the equipment is under the control either directly or indirectly of the customer. The customer will, if required by the Company, produce to the Company evidence of such insurance.
The customer shall insure and keep insured the property of whatsoever nature brought by the customer on to the premises of the Company and such property is left upon such premises at the sole risk of the Customer and the Company shall not be liable in respect of theft, loss or damage of such property howsoever arising.
RESERVATION OF TITLE TO GOODS Unless otherwise agreed in writing by the Company, risk in the Goods passes to the Buyer when these Goods are dispatched from the 247kit.tv works. The Goods shall remain the property of the 247kit.tv and title to the Goods shall remain with the 247kit.tv until payment in full has been received. Until title to the Goods passes to the Buyer, the Buyer shall maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. In the event that goods are resold by the Buyer before payment is made in full, the Company shall be entitled to the full value of the Goods shown on the original invoice.
All contracts between the Company and the customer shall be governed by English Law.