STANDARD TERMS AND CONDITIONS, DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise clearly indicates: the “Company” means “The Camera Platform”; “Hirer” means the party who hires Equipment from the Company; “Contract” means an agreement to hire Equipment between the Company and the Hirer; “Equipment” means the subject matter of the Contract to be supplied by the Company to the Hirer and includes any other items under the care of the Hirer; “This Agreement” means these standard terms and conditions of hire.
This agreement shall apply to any contract irrespective of the circumstances under which the Contract arose and to the exclusion of any terms and conditions which the Hirer may seek to make applicable and no alterations or variations of, or additions to, these terms and conditions shall be of any force or effect unless and until recorded in writing and signed by the Company and the Hirer.
ACCEPTANCE AND DURATION OF CONTRACT
A contract shall come into existence when the company accepts an offer for the hire of equipment placed by the Hirer or when a Hirer accepts any offer to supply Equipment by the Company for the purposes of hire by the Hirer, and shall endure for the period agreed upon by the parties at the date of such acceptance.
Should no period be agreed upon then the contract will continue until all the Equipment is handed over in accordance with the section on return of equipment and signed for by an authorised employee of the company.
Amounts payable by the Hirer for the hire of Equipment shall be the amounts quoted by the Company at the date of acceptance of the Contract as well as those additional items ordered by the Hirer.
All payments in terms of the contract shall be made without deduction and free of bank costs and other charges to the Company at the Company’s place of business or such address as the Company may from time to time otherwise direct.
As long as the contract remains in force the Hirer shall not be entitled to withhold any payment for any reason whatsoever and in the event of any dispute arising between the parties, the Hirer shall, pending settlement of or a decision in such dispute, continue to pay all amounts on due dates.
Should the Hirer at any time fail to pay any amounts on the due dates, the Company shall be entitled, without prejudice to any other rights available to it, recover such amounts.
The Agreement shall remain in force until the Hirer returns the Equipment any pays all amounts to the Company, notwithstanding that the period of the contract may have lapsed.
Ownership of the Equipment hired in terms of the Contract shall, at all times, remain vested in the company.
The Hirer shall be obliged to take delivery of the Equipment at the address specified in the Contract or such other address as may be agreed upon between the parties prior to delivery when such delivery is tendered.
Responsibility for risk of equipment shall pass to the hirer as soon as the Equipment is handed to the carrier for delivery to the Hirer and the carrier shall be deemed to be an agent for the Hirer.
The Hirer shall at that time be responsible and liable for all damage to or loss of the Equipment for whatsoever reason arising until the return thereof to the Company.
Care, custody and control of returned items or Equipment shall pass to the Company only once such Equipment has been individually checked, inspected and signed for by an authorised employee of the Company.
In view of the Hirer’s contractual risk and liability status – the Company has affected an all risks insurance cover on all hired out equipment at replacement value conditions.
The Hirer is automatically covered under this policy at a premium of 25% of hire charges, unless the hirer can prove alternative cover.
The Hirer is responsible for payment of the invoiced insurance levy/premium to the Company and will remain responsible for familiarising himself with the provisions of the Insurance Policy and making sure that it is being adhered to and complied with.
It should be noted that whilst Policy contains various conditions, limitations and exclusions, theft from unattended motor vehicles as well as political riots are not covered, as are non disclosed hazardous risks and international travel.
N.B. Due Diligence: The Hirer should make himself aware of and conform to the due diligence proviso. Should any loss or damage occur to the hired equipment and the Insurers decline liability for whatever reason the Hirer still remains formally responsible to the Company per the terms of risk as incorporated within the contract.
The Hirer is further advised that the insurers can effect recovery via subrogation (in the name of the Hirer) against any Third Party at the Insurer’s cost.
Unless otherwise agreed in writing the following will apply: The hirer is responsible for the payment of any excess at the rate of 10 (ten) percent with a minimum of R10, 000 (ten thousand rand). Items under R10, 000 (ten thousand rand), including broken bulbs or filters, will be charged for at full replacement cost and the Hirer is responsible for payment thereof.
Should the Hirer wish to obtain its own insurance, it must be approved by the Company in advance. Such cover must be for the full replacement value of the Equipment. The Hirer accepts responsibility for all risks including uninsured / under insured matters as well as all excesses. The Company should be named in the policy as co-insured. The cover is subject to acceptance by the Company.
The Hirer further agrees to pay the Company continued hiring charges on all lost, damaged or destroyed Equipment. Such hiring shall continue until such time as the equipment has been repaired or replaced.
KNOW YOUR EQUIPMENT
We are happy to explain the use of rental equipment, but we are not responsible for equipment failing resulting from inadequate knowledge. We suggest that you inspect and understand your equipment before taking it out of the store.
The Hirer has the privilege to examine and test equipment at the time of the rental.
The owner does not guarantee, assume responsibility or make any presentation for the performance or results of the equipment. The Hirer acknowledges that the Company has no particular knowledge of the hirer’s requirements and that in selecting the equipment the Hirer has relied exclusively on its own skill and judgement.
It is the client’s responsibility to ensure that all equipment is working to their satisfaction prior to the shoot. A nominal charge will be levied by the Company for film tests shot at the client’s request.
TIME FOR DELIVERY
Time is not of the essence in the Contract. Any time or date stipulated by the Company for delivery is intended as an estimate only and the company shall not be liable in any way whatsoever for any loss or damage whatsoever (including consequential loss) which may result from non delivery or late delivery of the Equipment or from timeous or late delivery or erroneous Equipment, nor shall any such delay or error confer upon the Hirer any right to rescind the Contract.
If any of the Company’s obligations of this Contract shall be interfered with for any reason whatsoever beyond the Company’s reasonable control, the Company shall have the right to suspend or cancel the Contract without prejudice to the company’ right to recover all monies as owed to the Company at the date of suspension or cancellation.
DISCLAIMER AND INDEMINITY
The Company shall not under any circumstances be liable for any loss of profit or any damage, direct or indirect, consequential or otherwise, sustained by the Hirer arising from any cause whatsoever.
The Hirer indemnifies the Company against all and any damage or claims sustained by the Company arising out of, or in connection with, the hire of the Equipment to the Hirer.
The Hirer hereby acknowledges that the hire charges imposed by the Company are not proportionate to the value of the work in which the Hirer is engaged and agrees that the liability (if any) of the Company however arising in respect of the supply of services and hire of Equipment shall be limited to the amount payable by the Hirer to the Company for such services and equipment.
ERRORS AND DEFECTS
Notwithstanding the aforesaid the Hirer shall, immediately upon receipt of any Equipment from the Company, inform the Company of any errors and/or defects therein by way of written notice to be received by the Company within 24 (Twenty four) hours of delivery of the Equipment to the Hirer and failing to do so on the part of the Hirer shall be deemed to constitute an acknowledgement by the Hirer that the Equipment meets and accords in all respects with the agreed specification thereof and is in good order and condition.
The Hirer shall not be entitled to sublet the Equipment, nor to cede or assign any of its rights or obligations hereunder, nor shall the Hirer be entitled to pledge, lend or in any manner whatsoever, part with possession of the Equipment, and the Hirer undertakes to protect the Equipment against execution and seizure.
The Hirer shall at all times ensure that the Equipment is utilised in a skilful and proper manner by persons who are experienced in the handling thereof.
The Company will make all reasonable endeavours to supply and hire out equipment in good working order. In the event of any breakdown or malfunction of the equipment, the Hirer shall forthwith notify the company of such breakdown or malfunction and of the location of the Equipment.
Insofar as any such breakdown or malfunction should result from:
1. A defect or fault in the Equipment itself, the Company shall effect the repair thereof at the cost of the Company. Should the Hirer request that the defective equipment be repaired on location by the Company’s technicians then, with the exception of wages and costs that the Company would have incurred had the equipment be repaired on the Company’s premises, all additional costs will be payable by the Hirer.
2. Any negligent or wilful act or omission by the Hirer or any other person utilising the Equipment with or without the permission of the Company, the Company shall effect the repair thereof at the cost of the Hirer.
From the date of delivery of the Equipment to the Hirer shall be responsible for the safety of the Equipment, and the cost of repair of any damage caused to the Equipment in any manner whatsoever shall be borne by the Hirer.
The Hirer shall not make any alterations or modifications to the Equipment without prior written consent of the Company. The Hirer accepts liability for all costs of repairs/replacements as a result of any unauthorised alterations. Any part or accessory added to the Equipment shall become the Company’s property without compensation.
Unless otherwise stated, the rental price of all luminairs includes bulbs. A charge will be made for all bulbs not returned and this applies to both good and blown bulbs. Physically damaged bulbs will be paid for by the Hirer.
Where the Company supplies the services of any technicians or other person to the Hirer, such technicians or other persons shall be deemed to be under the control of the Hirer and shall be working under the direction of the Hirer for as long as their services are available and the Company shall not be liable for any loss, damage, claim, demand or expense whatsoever (including without limitation any consequential or indirect loss) howsoever caused by such technicians or other persons to the Hirer, the servants and agents of the Hirer or any third parties.
The Hirer hereby agrees that it shall carry out, as soon as reasonably practicable and in any event, prior to using the Equipment, checks and tests in respect of the Equipment so as to satisfy itself as to the fitness of the Equipment for its purposes and in the event that any of the Equipment is unfit for the Hirer’s purposes then it shall immediately return the same to the Company.
RETURN OF EQUIPMENT
Upon termination of the Contract, the Hirer shall return the Equipment to the Company in the same condition, fair wear and tear excepted, as it was in at the commencement of the Contract.
Any cost incurred in restoring the Equipment to its present condition, fair wear and tear excepted, together with any arrear rental or other amounts lawfully payable by the Hirer to the Company shall be payable by the Hirer to the Company on demand.
The following do not constitute fair wear and tear: Any items missing from the Equipment, including accessories; any tears, rips, cuts, burns or stains which cannot be removed by normal cleaning. Scratches, chips or damage to glass, plastic or lenses, damage to Equipment such as scratches, dents or paint damage.
The Company will as soon as practical inspect the Equipment and notify the Hirer of any missing items or of any work required to restore the missing items or of any work required to restore the Equipment to good condition and the cost thereof. Care, custody and control of returned Equipment passes to the Company only once it has been checked, inspected and signed for by an authorised employee of the Company.
The return of the Equipment and the Company’s failure to immediately notify the Hirer of any repair work required, shall not constitute a waiver of the Company’s claim to repair costs or damages against the Hirer.
DUTIES OF THE HIRER
The Hirer shall:
Use the equipment only for the purpose and in the manner for which it is intended to be used; ensure that the Equipment is only used by adequately qualified people; at all times keep the Equipment it its possession and under its control; allow the Company access to the Equipment in its possession and under its control; allow the Company access to the Equipment at all reasonable times for the purpose of inspecting, repairing or repossessing the Equipment or for any other cause whatsoever; take all such care as may be necessary to protect the Equipment from loss or damage; not permit any person other than the Company to acquire any right to the Equipment; at its own expense apply for and obtain any licences, certificates, permissions or exemptions which may be required for, or in connection with, the use of the Equipment.
The company shall incur no liability or obligation of any nature in this regard.
Should the Hirer fail to make payment upon due date of any amount due and owing in respect of the Contract or commit any other breach of the terms of the Contract or this Agreement and remain in default of such breach after receipt of 24 (twenty four) hours written notice from the Company to the Hirer by the way of letter or electronically calling upon the Hirer to remedy such breach, then the Company shall have the right forthwith to cancel the Contract and retake possession of the Equipment without prejudice to any claim for arrear rentals or any damage which the Company may have suffered arising out of breach or premature termination of the Contract.
The parties hereto choose their respective domicillium citandi et’ executandi for all notices and processes to be given and served in pursuance hereof at their respective business premises having application at commencement of the Contract.
Any notice given in terms hereof shall:
• If given verbally or telephonically, be deemed to have given and received on the date of communication, provided that such notice shall be confirmed in writing within 24 (twenty four) hours;
• If given in writing and sent by electronically, be deemed to have been received upon receipt thereof at the correct receiving station;
• If given in writing or delivered by hand at the domicillium of the recipient, shall be deemed to have been received on the fifth business day after the posting if sent by registered mail or on the date of delivery in the case of hand delivery, as the case may be.
CONSENT TO JURISDICTION
In the event of any dispute from the Contract or these Standard Terms and Conditions the Company shall be entitled to proceed against the Hirer in any magistrate’s court having jurisdiction notwithstanding that the amount of the claim may exceed the jurisdiction of the court to which jurisdiction the Hirer hereby consents.
All freight, handling, clearing and duty charges incurred on behalf of a client will be charged to the customer. In the event of equipment being exchanged between the Camera Platform branches at the client’s request, The Camera Platform Rentals reserves the right to recover freight charges.
Discount for extended rentals and advance payments are negotiable. Normal trade discounts are only applicable on discountable items and exclude:
• Local ‘hired in” equipment
• Special consignment equipment
• Items listed in Rental Catalogue as “Non discountable”
• Delivery charges
• Film stock
SERVICE AND REPAIRS
We are able to offer comprehensive servicing, repair and manufacturing facilities for cameras, lenses and lighting equipment.
Please contact The Camera Platform for further details.
The attention of clients is drawn to the fact that The Camera Platform Rentals is prepared to supply Equipment and services only in accordance with its Conditions of Business.
These conditions, copies of which are available on request, include clauses which exclude, limit or modify the liability of The Camera Platform Rentals and provide for an indemnity from the customer in certain circumstances.
ALL PRICES QUOTED EXCLUDE VAT AND INSURANCE
The Camera Platform reserves the right to alter specifications and/or rental prices for any particular item of equipment at any time without prior notice.