1st May 2014
(effective for all orders placed on or after this date)
- These Conditions (as amended from time to time by the Company at the Company’s sole discretion) apply to the hire of any goods and/or services (including, without limitation, any furniture, computer hardware/software, computer graphics and other artwork) by the Hirer from the Company.
- These Conditions are the only conditions upon which the Company is prepared to deal with the Hirer and they shall govern each order for goods and/or services by the Hirer from the Company to the entire exclusion of all other terms or conditions (including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order, specification or other document).
- Each order for goods and/ or services by the Hirer from the Company shall be deemed to be an offer by the Hirer to hire such goods subject to these Conditions and no order shall be deemed to be accepted by the Company until a written acknowledgment of order is issued by the Company or (if earlier) the Company delivers the goods to the Hirer.
- In respect of an order for goods:
- It is the responsibility of the Hirer to provide an authorised representative to accept the ordered goods and give a signed receipt for such goods. Should the Hirer not provide for this he will not be permitted to dispute the facts of delivery etc.
- The goods shall be supplied by the Company in good working order and fit for the Hirer’s purpose. The Hirer shall notify the Company within 48 hours of receipt of such goods if it considers that the goods are not in good working order and fit for the Hirer’s purpose. If the Hirer does not so notify the Company it shall be deemed that the goods are accepted. On receipt of such notification the Company shall repair or replace such goods. In the event that the Company is unable or unwilling to repair or replace such goods the Hirer may refuse the goods and each party shall have no further obligation to the other.
- The period of hire shall commence at the time when the goods are deemed accepted pursuant to clause 4(b).
- During the period of hire, the Hirer is solely responsible for the hired items and must insure the items with a reputable insurance company against all risks.
- The Hirer undertakes to keep the hired goods in good condition and to return all of them to the Company in the same order and condition in which they were supplied by the Company save for normal wear and tear incurred in the ordinary course of use.
- The Hirer shall be responsible for the cost of repairs for damage, from whatever cause, to any hired goods which arise during the period of hire save for normal wear and tear incurred in the ordinary course of use.
- Goods lost or destroyed during the period of hire, whether or not through the fault or negligence of the Hirer, will be charged to the Hirer’s account at the current replacement value.
- The goods are hired out by the Company on loan to the Hirer. Under no circumstances, shall the Hirer deem the goods sold, or for sale to, or the property of the Hirer, unless otherwise specified in writing by the Company.
- In respect of an order for services:
- The Company shall provide all necessary personnel, facilities and equipment required in order to perform the services required by the Hirer.
- The Company shall use all reasonable endeavours to meet any performance dates for the services specified by the Hirer.
- The Company shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and the Company shall notify the Hirer in any such event.
- The Company warrants to the Client that the services will be provided using reasonable care and skill and the Company shall comply with the requirements of all legislation in force from time to time including, without limitation, the Data Protection Act 1998.
- The Hirer agrees that it shall not, either on its own account or in partnership or association with any person, firm, company or organisation or otherwise and whether directly or indirectly during or for a period of 12 months from the end of the provision of the services, solicit or entice away or attempt to solicit or entice away (or authorise the taking of any such action by any other person) any employee or contractor of the Company who has been involved in providing the services.
- Any agreement for the provision of services shall not constitute a contract of employment and nothing in this agreement shall render any personnel, provided by the Company in respect of an order for services, an employee, worker, agent or partner of the Hirer.
- Except with regard to the “Licensed Graphics” (as defined in clause 8 below) and “Footage” (as defined in clause 9 below), upon payment in full by the Hirer of all charges invoiced by the Company in respect of the services, the Company shall assign to the Hirer all intellectual property rights in or arising out of or in connection with the services. For the avoidance of doubt, until payment in full by the Hirer of all charges invoiced by the Company in respect of the services, all intellectual property rights in or arising out of or in connection with the services shall be owned by the Company and any information, documentation and other materials of whatever nature provided by the Company in connection with the Contract shall remain at all times the property of, and vested in, the Company unless otherwise agreed in writing by the Company.
- In the event that as part of the services the Company supplies or modifies pre-existing graphics owned or licensed by the Company (“Licensed Graphics”), the Company shall,upon payment in full by the Hirer of all charges invoiced by the Company in respect of the services, grant to the Hirer a non-exclusive royalty free licence to use the intellectual property rights in such Licensed Graphics for the purpose specified in the order. For the avoidance of doubt no such license shall come into effect until payment in full by the Hirer of all charges invoiced by the Company in respect of the services.
- In the event that as part of the services the Company supplies library and/or stock footage (collectively, “Footage”) the Company shall, upon payment in full by the Hirer of all charges invoiced by the Company in respect of the services, grant to the Hirer a non-exclusive royalty free licence to use the intellectual property rights in such Footage for the purpose specified in the order. For the avoidance of doubt no such license shall come into effect until payment in full by the Hirer of all charges invoiced by the Company in respect of the services.
- Notwithstanding the foregoing, the Company shall retain ownership of all right, title and interest in any mechanical devices, Contractor know-how, processes or Contractor’s proprietary software (including, without limitation, computer source or object code) created and used by Contractor providing the services hereunder.
- The Company’s charges do not include the cost of delivery to the Hirer or collection by the Company. Should the Company undertake to do so, the costs for such delivery/collection cost shall be payable in full by the Hirer either before or at the time of delivery/collection. Otherwise the Hirer shall be responsible for arranging delivery or collection of the hired goods and for payment of all delivery costs for the hired goods.
- The Company will endeavour to meet all commitments relating to the hired goods and/or services which have been expressly agreed in writing with the Hirer but cannot be held responsible for delays due to circumstances beyond its control.
- The Hirer agrees that the Company will not be liable for any loss (including, without limitation, loss of profits, revenue, contracts, business, anticipated savings, goodwill, reputation, or any indirect or consequential losses), claims, costs, damages, charges or expenses arising out of or in connection with the use or otherwise of any item hired by the Hirer from the Company or in relation to services provided by the Company.
- Nothing in these Conditions shall operate to exclude or limit the Company’s liability for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
- The Hirer acknowledges it is his/her sole responsibility to satisfy himself/herself as to the use and/or application of the hired items and the safety thereof, and that where electrical or electronic equipment is to be used, the Hirer will provide a qualified electrician to test and install the equipment.
- The goods are provided to the Hirer “as is” and without warranty of any kind, whether express or implied, written or oral. The Company disclaims, to the fullest extent permitted by law, all warranties, whether express or implied, written or oral, with respect to the goods, including any warranty of fitness for a particular purpose.
- Without prejudice to any of its other rights or remedies, the Company shall have the right at any time by giving notice in writing to the Hirer to terminate any order forthwith if:
- the Hirer commits a breach of any of these Conditions and, if the breach is capable of remedy, fails to remedy it during the period of 30 days starting on the date of receipt of notice from the Company requiring it to be remedied;
- the Hirer fails generally to pay its debts when they become due, or is deemed unable to pay its debts, or any creditor of the Hirer becomes entitled to declare any debt due and payable prior to its stated maturity, or any mortgage, charge, licence or other security interest which may for the time being affect any of the assets of the Hirer becomes enforceable;
- any meeting is convened for the purpose of considering a resolution, or any application or petition is presented or any other step taken, for the purpose of making an administration order against, or for the appointment of an administrator in respect of, or for the winding-up or dissolution of, the Hirer (otherwise than in the course of a reorganisation or restructuring previously approved in writing by the Company), and such action or step is not withdrawn within 30 days; or
- the Hirer ceases or threatens to cease to carry on its business.
- It is agreed and acknowledged by the Hirer that, whilst they are under no obligation to give the Company a credit on the television and/or film production, in the event that the parties otherwise agree in writing that the Company will be given a credit, the Hirer shall ensure that credit is given to the Company (Compuhire or Compuhire LLP) and not to individual employees of the Company, or individuals engaged by the Company (such as freelancers or consultants).
- If any provision of these Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Conditions which shall remain in full force and effect.
- No variation to these Conditions shall have any effect unless expressly agreed in writing and signed by an authorised representative of the Hirer and the Company.
- Failure or delay by the Company in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
- Except insofar as these Conditions expressly provide that a third party may in his own right enforce a term of these Conditions, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- The validity, construction and performance of these Conditions (and any claim, dispute or matter arising under or in connection with them or their enforceability) shall be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these Conditions or their enforceability.
Except where agreed by both parties in writing in advance of the order our payment terms are 30 Days from Invoice date.
Additional Charges will apply after this date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2002). Charges include (but may not be limited to) a compensation charge, interest and court costs.
Charged at 8% (per annum pro rata) above the reference rate at the start of the 6 month period starting 1st January and 1st July each year (set by the Bank of England). Interest is calculated on a daily basis from the date the debt becomes overdue until payment is received.
Current rate: 8.5%