Terms and Conditions
Terms and Conditions of Business
1. BASIS OF CONTRACT
An order by a Customer accepted by the Company is subject to these terms and conditions of business and
constitutes the Customer’s agreement to purchase services from the Company in accordance with these terms
and conditions of business.
2. CUSTOMER’S OBLIGATIONS
2A. To provide the Company with a formal order document confirming the Customer’s full contact details, full
details of any goods to be hired and any other information the Company may reasonably require before any
services are provided by the Company.
2B. To make arrangements for the collection and return of the goods unless prior arrangements have
been made as per condition 2C. To return all goods accompanied by the Company’s paperwork.
2C. To advise the Company at the time of the order whether any collection and/or delivery services shall be
required from the Company at additional cost to the Customer and specify full details of the collection and/or
delivery address inclusive of any restrictions on parking, loading and unloading and all other details which may
affect the provision of the delivery and/or collection services.
2D. To pay any additional reasonable costs of a failed collection and/or delivery and of organising for a new
collection and/or delivery where such failed collection and/or delivery was caused through the default of the
Customer, and to pay any parking charges or fines as a result of the Company and any of their sub-contractors
having to load/unload in areas subject to parking restrictions.
2E. To keep all hired goods and other property of the Company in safe custody at its own risk, maintain it in good
condition and not dispose of or use any such goods other than in accordance with the Company’s written instructions.
2F. To preserve all hired goods in the condition as at the commencement of the contract (reasonable wear and
tear excepted) and not make any alterations to the goods (including application of specific polishing technique)
or copies of goods without a prior written consent of the Company which shall not be unreasonably withheld.
2G. To ensure all labels identifying the hired goods as the property of the Company stay intact and are not removed.
2H. To ensure all hired goods are used in accordance with the purpose of their hire. To ensure that the goods
not be lent to or sub-hired to third party.
2I. To make no disclosures of the existence of any contract with or references to the Company to any
third parties or in any written material without a prior written consent of the Company.
2J. To insure all hired goods to their full replacement value with a reputable insurer.
2K. To notify the Company of any discrepancies of whatever nature in respect of all hired goods within 48 hours
of the goods being received by the Customer.
2L. To compensate the Company in full for each day of any late returns of hired goods in accordance with the
Company’s charges in condition 3 of these terms and conditions of business where such late returns were caused
as a result of an event within the reasonable control of the Customer, and for any items lost and all damage
caused to any hired goods within 5 days of being notified of the monetary loss to the Company as a result.
2M. To ensure all packing cases which are supplied free of charge for the hire period are returned with the hired goods.
3. CHARGES AND PAYMENT
The Charges for hire services shall be on a time basis as follows unless stated otherwise in the order. All hire
charges are based as a % (percentage) of the risk value of the goods on hire:
1st week – 10% for first week of quoted risk value 2nd week – 18% of quoted risk value
3rd week – 23% of quoted risk value 4th week – 26% of quoted risk value
Each additional week should read as 3% thereafter.
3A. The Customer shall pay on commencement of hire services and on notice of any extension of hire services
where an extension is agreed. Payment is due for all services at the time of hire before collection. By
arrangement only, at the Company’s discretion, payment may be made within 14 days of dated invoice and
following the first 2 payments received in advance of collection.
3B. All amounts payable by the Customer are subject to payment of value added tax (VAT) at the prevailing rate.
3C. A penalty charge of £20.00 will be levied for items returned without the Company’s paperwork.
3D. All packing cases not returned – as per 2M above – will be charged for if not replaced by the Customer.
4. LOSS / DAMAGE AND INSURANCE
Company’s goods should be kept in good repair and condition. Goods damaged or altered will be restored by
the Company who will charge on the basis of cost of restoration. Goods not returned or which cannot be
restored will be charged at the insurance risk value as detailed on hire. It is the responsibility of the Customer to
insure with reputable insurers at the insurance risk against loss or damage howsoever caused from time of
collection until return and to produce a valid certificate of insurance on demand.
5. INTEREST PAYMENTS
If the Customer fails to make any payments when due the Company shall have the right to charge interest on
the overdue amount at the rate of 4 per cent per annum above the then current HSBC Bank PLC’s base rate
accruing on a daily basis until the date of actual payment of the overdue amount compounding quarterly.
The Company shall have the right to exercise a lien on any goods of the Customer until full payment is made.
Where there are restoration services provided the Customer irrevocably appoints the Customer’s agent to store
and dispose of any goods which have been left in the Company’s possession for more than 60 days after the
date of the Company’s invoice. The Company shall not be liable to the Customer by reason of that storage or
disposa l and the Customer shall indemnify the Company in respect of any claim in relation to that storage or
6. CANCELLATION OF ORDER
A booking fee of 10% of hire or a £40 minimum hire fee (whichever is the greater value) will be made for orders
cancelled within 24 hours before collection.
The Customer shall have the right to terminate the contract by giving the Company one (1) week’s written notice.
On termination of the contract the Customer shall immediately pay all of the Company’s unpaid invoices and, in
respect of any services supplied but for which no invoice has been submitted, the Company shall submit an
invoice, which shall be payable by the Customer immediately on receipt, and the Customer shall immediately
return all hired goods to the Company.
8. LIMITATION OF LIABILITY
The Company shall not be liable to the Customer for any loss of profit, damage, injury or any indirect or
consequential loss arising under or in connection with services provided or as a result of the hired goods to be
found not being fit for the purpose intended by the Customer.
The Company’s total liability to the Customer in respect of all other losses arising under or in connection with
the services provided shall in no circumstances exceed the value of the contract between the parties.
Where Restoration Services are provided the Company’s liability for the following is excluded:
Any natural variations in the goods including but not limited to characteristics caused by age and/or usage,
colour variation, damage caused by Customer and/or third parties, by inappropriate use of the goods and/or
alterations made to the goods before and/or after the restoration services have been completed.
The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations
under this contract as a result of an event beyond the reasonable control of the Company.
9. GENERAL AND INTELLECTUAL PROPERTY RIGHTS PROVISIONS
All intellectual property rights, excluding any rights which may be owned by a third party, where registered or
unregistered and inclusive of but not limited to patents, copyright, trademarks, rights in goodwill, rights in
design and moral rights in any of the goods hired by the Company or arising out of or in connection with the
services provided by the Company shall be owned by the Company.
The Customer shall be responsible for investigating and identifying any copyright owned by a third party in
respect of any hired goods and shall not infringe any such third party copyrights. The Customer shall keep the
Company fully and effectively indemnified from and against all liabilities, costs, claims, proceedings, actions
and expenses arising directly or indirectly out of the Customer’s actual or alleged infringement of any
intellectual p roperty rights inclusive of any third party copyright.
Notwithstanding the foregoing, the Company undertakes to promptly respond to any requests for information
about the props made by the Company or supplied by the Company to the Customer including, without
limitation, providing the Customer, to the extent possible, with information about the origins of the Props, and
the Customer undertakes to promptly and co- operate with any additional queries in connection with the Props
supplied by Company to Customer.
10. COMPANY’S USE OF PROPS.
At no time shall Company’s possession, use and/or exploitation of the Props in any way, directly or indirectly,
indicate that the Props were used as a part of and/or in any way connected with the Picture (including, without
limitation, sales, rental, display or duplication of the uniforms at a commercial establishment such as “Planet
Hollywood”); Company shall have no rights to use the name of the Picture with Company’s ownership, use,
custody or control of the Props, and Company further agrees that it will not publicise the Picture in any way, In
this regard, Company will remove any and all markings on the Props which may, directly or indirectly, identify
the Props’ use in connection with the Picture.
11. CUSTOMER’S FUTURE USE OF THE PROPS.
Should Customer require use of the Props for additional use in connection with the Picture, Company shall
permit Customer to again photograph or otherwise use the props for such purpose upon the same terms and
conditions as contained in these conditions, including payment at the rates set forth above. The dates and
times for such additional use shall be subject to Company’s approval, which Company shall not unreasonably
Company’s sole and exclusive remedy for Customer’s breach or termination of the Conditions or any
terms hereof shall be an action for damages and Company irrevocably waives any right to seek and/or obtain
rescission and/or equitable and/or injunctive relief.
13. GOVERNING LAW
The Conditions shall be governed by and construed in accordance with the laws of England and Wales and
both parties agree to submit to the exclusive jurisdiction of the English and Welsh Courts.
Registered Office: Unit A, Genesis, Rainsford Rd, Park Royal, NW10 7RS T: 0208 963 9944