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1. Terminology The "Hirer" is the customer who is hiring the Equipment from The Flash Centre after called PSC. "Equipment" means the hired items. "Hire Period" is the period for which the equipment is hired. Each day is calculated on a 24 hour period from the time at which the Equipment is either (a) collected from our premises or (b) leaves our premises because it is being delivered to teh HIrer. Part of a day will be considered to be a full day for the purpose of calculating the hire charge. 2. Damage/ Loss Cover It is a condition that all Equipment hired from PSC is fully covered against loss or damage from the time it leaves our premises to its return. PSC will automatically charge for this cover unless instructed ortherwise by the Hirer, in which case a copy of the Hirer own insurance policy must be made available to the hire department of PSC for inspection before the Hire Period commences. Some Digital items MUST be insured by the Hirer. i.e. PhaseOne Backs. PSC provides Damage/Loss cover as a percentage of the invoice value of the hire charge and this rate will vary from time to time. The current rate is available on request. PSC Damage/Loss Cover i) Basis - All risks on all Equipment hired. ii) Geographical limit - Worldwide subject to declaration at the time of booking of where the Equipment is to be taken. iii) Maximum Hire Period - Two months, longer subject to negotiation. iv) Excess £200 each and every claim (or full replacement cost which ever is the smaller). v) Any loss must be reported to the local police within 24 hours and immediately thereafter, to ourselves. Exclusions PSC Damage/Loss cover does not include: i) Damage caused by corrosion, excessive heat, dampness or physical mistreatment. ii) Damage occasioned by or resulting from nationalisation, confiscation, requisition, seizure or destrution by government or any public authority. iii) Property damaged as a result of undergoing any process including testing, repairing, adjusting, servicing or maintenance operation. iv) Damage arising from riot or civil commotion occurring elsewhere than in the United Kingdom, the Channel Islands or the Isle of Man. v) Damage arising from breakage of flash tubes and/or bulbs, valves, transistors, capacitors or integrated circuits. vi) Damage to glass and other fragile or brittle articles (other than lenses) unless caused by fire, theft or accident to the conveyance in which the property covered is being transported. vii) Consequential loss of any description. iv) Damage or loss resulting form negligence. IT IS THE RESPONSIBILITY OF THE HIRER TO UNDERSTAND THE EXTENT AND LIMITATIONS OF THE COVERAGE BEFORE TAKING PROSSESION OF THE HIRED EQUIPMENT. Customers own Cover if our charges do not include a specific fee for the Damage/Loss cover, you must keep the Equipment insured for it's replacement cost against all forms of loss or damage. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or any other source in settlement of any claim relating to the loss, theft or damage of the Equipment. You must not compromise any claim without our express consent in writing. 3. Deposit A refundable deposit may be rquired from the Hirer who does not have an established credit account with us and we reserve the right to vary this amount. Credit customers and others must provide an official order or letter to cover the Equipment required, before it is collected or delivered. Failure by customers to do so will not be accepted as a reason for non payment of hire charge. 4. Deliveries/Collections Hire charges are based on collection from and return to our premises. If Equipment is delivered and/or collected then hire charges are calculated as above, i.e. on a time out, not time used basis. Delivery/collection charges will be added to the invoice. 5. Liability Our equipment is serviced regularly and is tested for each hire to ensure that the item functions according to its specifications. Every effort is made, therefore, to ensure that the Equipment is supplied in working order. PSC cannot be held liable, however, for failure to Equipment of for failure of Equipment or for consequential or sub-consequential loss there from. IT IS STRONGLY RECOMMENDED THAT THE HIRER TESTS THAT THE EQUIPMENT FUNCTIONS PROPERLY FOR ITS INTENDED USE PRIOR TO COMMENCING AN IMPORTANT ASSIGNMENT AND/OR OVERSEAS TRAVEL. Any breakdown or unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to our premises for examination. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person. If the Equipment is defective, you must notify us immediately and if the defect has not been caused by anything you have done or failed to do we will (at our option): 1. Replace it as soon as reasonably possible, or 2. Credit you for the hire charges of the defective Equipment. If you request us to attend and if the Equipment is not defective you will pay the call-out charge notified to you. 6. Safety and Instructions It is your responsibility to make sure that all the people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all the instructions supplied by us. You must ensure that the Equipment is not misused, and that supervision is adequate at all times. 7. Electrical Equipment Where any part of the Equipment is electrical it should normally be used with plugs and/or socket as fitted but if temporarily fitted with other suitable plugs or sockets, this must be carried out by a competent person who must also return it to tis original condition. It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical equipment be used withoutf it being correctly earthed unless it is of double insulated speciments of the Electricity at Work Regulation 1989 or amendments to them during the period of your responsiblity for the Equipment. 8. Equipment Suitability It is your responsibility too ensure that the Equipment is suitable for the purpose for which you intend to use it and will give us sufficient information to ensure that the Equipment supplied is suitable. 9. Our Right of Access You authorise us to enter any land or premises where we reasonably believe any Equipment to be, at reasonable times and after reasonable notice. In order to make necessary inspection of it, or to test, replace or reposses it. 10. Customer Responsibility Your responsibility for the Equipment begins when you or your agent receive the Equipment. Your responsibilities include safe keeping of the Equipment and protection against the elements of theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment has been returned or collected and you have our unqualified reciept for all the Equipment. You must not sell or otherwise part control of the equipment. You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage oto our loss of prooperty whatsoever (other than the Equipment) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any parts of it. The indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or prooceedings or death oor personal injury or damage to or loss of property is due to our proven negligence. Equipment lost, stolen or damaged while in the Hirer's possession (and not covered by a PSC Damage/Loss policy) will be the entire responsibility of the Hirer. Account customers will be invoiced at replacement cost and for non-account customers the replacement cost wil be deducted from the deposit. If there is any further balance owed it will be added to the hire invoice. Any items not returned from hire, such as lens caps, cable releases, sync leads, focusing cloths etc. will automatically be charged to the Hirer's invoice at the full current replacement cost. 11. Identification Marks You will not remove, deface or cover up our name plate or mark on the Equipment indicating that it is our property. 12. General Conditions Acceptance of the Equipment by the Hirer or his agent signifies the total acceptance of these terms and conditions for hire and excludes any terms and conditions you may have put forward except where we have agreed to any amendments or other conditions in writing. All goods are advertised subject to availability. It is the responsibility of the Hirer or his agent to ensure the Equipment is suitable for the purpose for which it is hired prior to the Equipment leaving our premises. It is assumed that the Hirer or his agent has sufficient skill and knowledge to operate the Equipment correctly. Damage to the equipment caused by misuse is the sole responsibility of the Hirer and costs incurred in such damage together with the hire fees lost due to the Equipment being out of service will be charged to the Hirer. PSC hire equipment is maintained by the manufacturers accreditted workshops wherever possible. All Equipment is tested before and after every hire to ensure that every item functions according to its specifications. PSC cannot therefor accept responsibility for any breakdowns that occur while the Equipment is on hire. PSC will do all in its power to replace the faulty item as soon as possible. Spare lamps must be returned with the Equipment or the failed or broken lamp they have replaced. Failure to return the spare lamp will mean its value will be added to the hire invoice. PSC Hire Equipment remains the property of The Flash Centre at all times and must not be pledged, loaned, deposited or sold to a third party. Any waver or variation by PSC of one or more of the above conditions does not in any way prejudice its right under any other condition or conditions. PSC reserves the right to change both the prices and the Equipment available for hire without prior notice. 13. Limit of our Liability i) All our times which state or quote for delivery or collection are approximate. ii) We will not be liable for any delys caused by any circumstances beyond our control. iii) We will not be liable for any indirect loss, loss of business profits, savings you expect to make, wasted money, wages, fees or expenses due to late delivery, non-delivery, unsuitability, breadkown or stoppage of the Equipment or any part of it. iv) If any film, tape, disc, software or other media of yours is damaged or destroyed or liability will not exceed the value of the film, tape, disc, software or other media nottified to us in writing in advance of the hire to allow us to insure such loss or damage. If no value is notified to us you agree that our liability is limited to the rental cost of the damaged material. |
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