Terms & Conditions
A bit more detail on ordering
OK, sometimes there’s a bit more to it, so here are the main points that we think you should be aware of without having to trawl through all the legal stuff.
Your event CD must follow the following criteria.
It must only contain pictures of you / your vehicle / horse etc, taking part at the event. (You can’t book us to cover a club event, order one £35 CD, and then expect us at add all 50 people at the event when it costs us several hundred pounds to turn up)
It can contain pictures of your own vehicle / horse etc, taking part at the event, with some else at the controls. (If your mate borrows your bike for a quick blast, we are happy to add them for you)
It can contain pictures of other vehicles / horses etc, taking part at the event that you were driving or riding. (If you trash your bike and borrow your mates, it’s only fair that we add these to the disc for you)
It must only contain pictures from a single day at the event. (Each event has it’s own running costs that need to be covered so we can’t combine discs)
The CD production / Administration fee covers the time involved in readying each disc from each event. Where additional pictures are requested to be added to the disc, the fee charged at the point of sale is for the time involved in finding and readying those images. If the you request images that are not of the you or your vehicle to be added to the disc, the website is unaware of whether you are adding someone else or not, so at the our discretion, you may still be charged for the time taken searching and inspecting them, but they may not appear on your disc. To avoid disappointment, please be aware of this and make sure that all orders are placed within our terms and conditions.
Print sizes are approximate.
Each order is unique to you, so the orders won’t be produced or dispatched until the payment has been received.
Due to the nature of the digital image product, and the high risk of copyright theft, refunds will only be given if the product is faulty and we are unable to provide a replacement due to the loss of data.
When you place an order, and tick the “I’ve read the terms and conditions” box (which, let’s face it, you probably won’t actually bother to do) you are agreeing to all the legal stuff included in here.
you use our website to place an order with us, these Terms and
Conditions of Business will constitute a legally binding agreement
between you and us. It is your responsibility to carefully read these
Terms and Conditions of Business before ordering from this website.
Your use of the website is contingent upon your acceptance of the
following Terms and Conditions of Business. Use of the website will
be considered acceptance of the policies. If you do not agree to the
Terms and Conditions of Business contained in the following pages,
then you may not use the website. Please note that Event Images Ltd
has the right to modify these Terms and Conditions of Business and,
thus, you should review them periodically.
Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the website.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of the products and services or if you have experienced technical problems while using this site, please send an email to email@example.com
“Seller” means Event Images Ltd, registered in England, No: 06822771 (in these Terms and Conditions also refers to the trading names “Picture Management and Picman”) whose registered office is at 42 Lamb Gardens, Lincoln, LN2 4EQ.
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order.
“Person” means any person, business or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of supplier’s stock availability and other forces beyond the seller’s control.
d. The Seller endeavours to display and describe as accurately as possible the printed colours of the images which appear on its website and on the monitors at events, but cannot undertake to give any assurance that the colours of the images supplied will exactly match those displayed on the Buyer's monitor or those displayed at the point of sale.
e. All print sizes are approximate.
f. The CD production / Administration fee covers the time involved in readying each disc from each event. Where additional pictures are requested to be added to the disc, the fee charged at the point of sale is for the time involved in readying those images. If the Buyer requests images that are not of the Buyer or the Buyers vehicle to be added to the disc, at the Seller’s discretion, the Buyer may still be charged for the time taken searching and inspecting them, but they may not appear on the Buyer’s disc. To avoid disappointment, please be aware of this and make sure that all orders are placed within our terms and conditions.
a. The seller is not currently registered for VAT in the UK. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The payment will be processed in the UK in Pounds Sterling (GBP). At the Seller’s discretion, payment in local currency may be accepted, an additional charge may be incurred for this service.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavour to process the order and dispatch the goods as soon as possible. However processing is often done in batches, and when the Seller is not covering events. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the price.
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address or if the Buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver a standard CD or Prints ordered, within 28 days after the date of the Order confirmation.
b. Notice of the wish to cancel must be made by email to firstname.lastname@example.org
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
d. In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose)
f. At an event, after payment has been made, you can change the content or type of product to something of equivalent value (or greater value if you pay the difference) up until the point at which the production process has started. At that point, the sale is final. Any alterations to the order are chargeable over and above the original sale.
g. If a product is found to be faulty, it will be replaced with a direct replacement, or goods to the equivalent value if you choose. Refunds will only be offered if we are unable to supply your image due to loss of data.
h. If a particular service or product that was offered at the point of sale is subsequently not available at the production process, your order will be processed at the office and forwarded to you after the event, or an alternative product of equal value will be offered. Refunds will only be given if we are unable to provide your images due to loss of data.
i. All goods remain the property of Event Image Ltd until the balance is paid for in full.
j. All products and services are subject to availability and may change without notice on / throughout the day, due to circumstances beyond our control.
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, loss of data, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the picman.co.uk website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
a. This website is owned by the Gary Bailey and operated by Event Images Ltd. Unless otherwise noted in this website, Gary Bailey owns the copyright with respect to all content on the website. Content includes: photographic images, text, graphics, logos, video clips, audio clips, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Gary Bailey’s copyright. Additionally, the picman.co.uk website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Gary Bailey or one of his representatives or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The “Picman” logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions. “picman” and “PM” graphics, logos, page headers, button icons, scripts and service names are owned by Gary Bailey and the trademarks, or trade dress, under licence, of Event Image Ltd. The “picman” trademarks and trade dress may not be used in connection with any product or service that is not under licence from Gary Bailey, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gary Bailey, Event Images Ltd or the “picman” trading name. All other trademarks not owned by Gary Bailey or Event Images Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gary Bailey.
a. The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (”the Act”).
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) Due to the extended periods that are spent away from the office during the course of business, a notice served on the Seller will be deemed to have been duly given or made as follows:
* if sent by personal delivery and received in person by an employee of Event Images Ltd. or
* if sent by recorded delivery and an employee of Event Images Ltd signs for the delivery.
A notice served on the Buyer at the address stated on the Order will be deemed to have been duly given or made as follows,
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with English law.
(ii) The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the picman.co.uk website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on picman.co.uk website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the picman.co.uk website is accurate, complete, reliable, current, or error-free.
i. Off-Site Links
A link to a non-picman.co.uk website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
k. User Registration, eligibility and account activity
By placing an order on the picman.co.uk website, the Buyer acknowledges and represents that he/she is an individual of at least 16 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep any user names and / or passwords confidential. The Buyer further guarantees that the information supplied to the picman.co.uk website is accurate. Falsifying or omitting contact information such as a Buyer’s name, address, and/or telephone number when placing an order with picman.co.uk is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, national and local laws.
l. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating picman.co.uk Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
m. Seller's right of removal of materials
The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the picman.co.uk website all personal information, data, text, files and images of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any order which, at the Seller's sole discretion, it considers to be in violation of the terms and conditions of purchasing from the picman.co.uk website.
n. Buyer indentification of Event Images Ltd
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including lawyer’s fees) which may arise from the Buyer' s submissions to the picman.co.uk website, and/or from the Buyer' s unauthorised use of material obtained through the picman.co.uk website, and/or from the Buyer' s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer' s use of the picman.co.uk website.
o. Seller's right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
Video Camera Hire in a nutshell.
Scenario 1. You pay, we demonstrate, you take, you fit, you record, you ride, you return, we download, we burn, you take, we are all happy……
Scenario 2. You pay, we demonstrate, you don’t listen, you take, you fit, you record, you ride, you fall off, you brake the camera, you return via the ambulance, we download, we watch, we giggle, we invite other riders over to giggle, we burn, we post, we charge for the replacement of the camera, you’re not quite as happy as you could be, your wife is even less happy, we have good footage for the website, many others giggle……..
Scenario 3. You pay, we demonstrate, you don’t listen, you take, you fit, you record, you ride, the camera falls off, you brake the camera, you brake another rider, they return via the ambulance, they’re not happy, we download, we watch, we feel guilty at giggling as it wasn’t their fault, we charge you for the replacement of the camera, the other rider charges you for the replacement of their bike and 6 months off work, you’re not happy, you sell your bike and house to cover the legal costs, your wife divorces you, we have good footage for court case, we are forced to shut down the hire service, we’re not happy……….
1.1 In these general terms and conditions (the “Terms & Conditions”) unless the context otherwise requires, the following expressions shall have the following meanings:“Business Day” means any day other than a Saturday, Sunday or a bank holiday;“Carrier” means a reputable carrier organisation responsible for carrying the Goods to and from the Customer;“Contract” means a contract which incorporates the Terms & Conditions and made between the Customer and the Supplier for the hire of Goods in accordance with Condition 2;“Customer” means the person, firm, company or other organisation hiring Goods;“Deposit” means any deposit required by the Supplier in relation to the Goods which is to be held as security by the Supplier;
“Event” means the location at which the Seller or Customer attends at which the Goods are offered for Hire;
“Force Majeure Event” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, event cancellation, red flags and session stoppage and any other similar events;“Goods” means any camera, lens (and/or device) together with any accessories, mounting brackets, protective cases, instructions or other accompanying documents specified in a Contract which are available for hire to a Customer;“Hire Period” means the period of hire of the Goods to the Customer as agreed by the parties to a Contract;“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;“Order Form” means the online transaction form identifying the details specific to an order;“Possession Period” means the period from the time the Customer accepts receipt of the Goods from a Carrier to the time the Customer, having returned the Goods to the Supplier, receives written confirmation that the condition of the returned Goods is acceptable to the Supplier;“Rental” means the Supplier’s charging rate for the hire of the Goods;“Supplier” means Event Images Ltd and will include its employees, servants, agents and/or duly authorised representatives; and“Services” means the services (if any) to be performed by the Supplier for the Customer in conjunction with the hire of the Goods.
2.1 Subject to circumstances arising pursuant to the rest of condition 2, a Contract binds the parties once a Customer receives written confirmation from the Supplier.
2.2 In circumstances where the Supplier has provided written confirmation pursuant to condition 2.1, but the Goods for reasons outside the Supplier’s control, cease to be available for the whole of the Hire Period, the Supplier shall inform the Customer as soon as practicable.
2.3 In circumstances envisaged in condition 2.2, the Supplier will use reasonable endeavours to provide suitable replacement equipment in order to fulfil the Contract subject always in the event of unavailability of all or part of an order to a Customer’s righti) to cancel the whole or part of the order and receive a full refund or a part thereof, as applicable; orii) to re-schedule the whole or part of the order at no extra charge.
2.4 Where an order for Goods, confirmed pursuant to condition 2.1, is cancelled by the Customer, the Customer agrees to pay a cancellation fee equal to 50% of the agreed Rental for those Goods if the cancellation occurs not more than two weeks before the start of the Hire Period, and 25% of the agreed Rental for those Goods if the cancellation occurs more than two weeks but not more than four weeks before the start of the Hire Period.2.5 Where the Goods are hired to a Customer such that the hire would be subject to the provisions the Consumer Credit Act 1974 (the “Act”) the duration of the Hire Period shall not exceed 3 months, at which time the Contract shall be deemed to have automatically terminated. Accordingly, a Contract for the hire of any Goods is not covered by the Act.2.6 For the purposes of the seven day cancellation period pursuant to the Consumer Protection (Distance Selling) Regulations 2000, where the Hire Period will begin prior to the end of such cancellation period, the Customer agrees that the statutory cancellation period shall not apply.
3.1 The parties acknowledge that each hire transaction may be subject to a Deposit.
3.2 The amount of such Deposit and/or Rental and/or charges for any Services and/or any premium for the Supplier’s Cover (the “Premium”) payable pursuant to condition 7.5, shall be as quoted to the Customer or shall be as otherwise shown on the Supplier’s web site from time to time. The Supplier’s prices are quoted do not include VAT as the Supplier is not currently VAT registered in the UK.
3.3 In respect of any applicable Deposit, the Supplier shall reserve a sum equal to the Deposit on the Customer’s credit or debit card when the order is placed. Such Deposit shall be released by the Supplier as soon as practicable once the Supplier is satisfied that the Goods returned by the Customer are undamaged.
3.4 The Customer shall pay the Rental, charges for any Services, any Premium, monies for outgoing and return postage and/or any other sums payable under the Contract (together, the “Hire Charges”) to the Supplier prior to the commencement of any Hire Period.3.5 The Supplier shall be entitled to receive full payment of the Hire Charges from a Customer on receipt of the order.3.6 Prompt payment of the Hire Charges by the Customer pursuant to condition
3.5 is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
3.7 Late payment may at the Supplier’s sole discretion attract interest on the amount unpaid (from the date that such unpaid amount became payable) at the rate of 4% above the base rate from time to time in force of Barclays Bank.
3.8 The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
4.0 For Session hire, The Supplier will make available the Goods at the point of hire prior to the session that the Goods are booked for.
4.00 Where session delays have a knock on effect to the timings at an event, the hire times will be adjusted accordingly.
4.1 The Supplier shall send the Goods to the Customer using a Carrier no less than 2 days prior to the commencement of the Hire Period.
4.2 For multiple item orders, the Supplier will endeavour to post all Goods together. Should any Goods be unavailable for hire and the Customer consents to a reschedule of part of the Goods any additional costs incurred as a result of sending the Goods in multiple consignments will be paid by the Supplier.
4.3 The Customer shall accept delivery of the Goods on the day the Carrier first attempts to deliver and within 24 hours of such delivery inform the Supplier of any damaged Goods.
4.4 In the event that the Carrier makes its first attempt to deliver the Goods on or after the start of the Hire Period, the Hire Period shall only begin on the day following such delivery and shall continue at no additional cost to the Customer for a length of time equal to the length of the Hire Period previously agreed by the parties, unless other arrangements are agreed by the parties.
4.5 Without prejudice to condition 4.4, where a Carrier has made an attempt to deliver but the Customer has not been present to take delivery, the Hire Period shall be as shown on the Order Form, unless other arrangements are agreed by the parties.
4.6 The Customer will arrange with a Carrier for the return of the Goods to the Supplier using a recorded and insured service. Such return of Goods shall be no later than the first Business Day following the end of the Hire Period
.4.7 The Customer must return the Goods using appropriate packaging securely sealed with the name and address of the Supplier’s return address clearly marked.
4.8 Without prejudice to condition
4.9, in the event that the Goods are not handed to a Carrier in accordance with condition
4.6, the Customer will be charged a fee equal to up to 20% of the weekly Rental for each complete day that the Goods remain unreturned.
4.9 Where the Goods are not returned to the Supplier within 5 days following the end of the Hire Period and the Customer has failed to either:i) contact the Supplier and explain the circumstances of the default; orii) negotiate an extension to the Hire Period with the Supplier who has provided written confirmation of such an extension,the Supplier will report the Goods stolen and will take steps for recovery including but not limited to charging the Customer’s credit or debit card for the full price of replacement Goods and a fee equal to up to two thirds of the applicable Rental until suitable replacement Goods have been acquired and commissioned for service.
5.1 Responsibility for the Goods shall lie with the Customer for the duration of the Possession Period even in circumstances where the Supplier has agreed for any reason to cease charging any Rental.
5.2 Ownership of the Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Goods except that they are hired to the Customer.
5.3 The Customer must not pass itself off as the owner of the Goods or, subject to condition 5.2, as having any interest in the Goods.
6.1 The Customer shall:-6.1.1 not remove any labels from and/or interfere with the Goods and take reasonable care of the Goods, only using them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions supplied to the Customer;6.1.2 notify the Supplier within immediately upon discovering any breakdown, loss and/or damage to the Goods;6.1.3 take adequate and proper measures to protect the Goods from theft, damage and/or other risks;6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Goods;6.1.5 permit the Supplier at all reasonable times to inspect the Goods including procuring access to any premises where the Goods are situated;6.1.6 If hired to an address, keep the Goods at all times in its possession and control and not to remove the Goods from the United Kingdom without the prior written consent of the Supplier;
126.96.36.199 If hire at an event, keep the Goods at all times in its possession and control and not to remove the Goods from the event location without the prior written consent of the Supplier;6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;6.1.8 not continue to use Goods where they have been damaged and shall notify the Supplier immediately if the Goods are involved in an accident resulting in damage to the Goods or other property and/or injury to any person.6.2 The Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted).
7.1 Subject always to the benefit the Customer may derive from the applicability of conditions 7.5 and 7.6, if the Goods are returned in a damaged, unclean and/or defective state the Customer shall pay the Supplier for the cost of any repair and/or cleaning required to return the Goods to a condition fit for re-hire together with any fees payable pursuant to condition 188.8.131.52 Subject always to the benefit the Customer may derive from the applicability of conditions 7.5 and 7.6, the Customer shall pay the Supplier the full replacement cost together with any fees payable pursuant to condition 7.4 for any Goods damaged beyond economic repair during the Possession Period.7.3 The Customer shall pay the Supplier the full replacement cost together with any fees payable pursuant to condition 7.4 for any Goods lost, stolen, confiscated or otherwise no longer in the Customer’s possession during the Possession Period.7.4 In the event that the Goods are lost, stolen or damaged during the Possession Period, the Customer shall pay the Rental in full up to and including the date it notifies the Supplier that the Goods have been lost, stolen or damaged. From that date until the Supplier has repaired or replaced such Goods the Customer shall pay, as a genuine pre-estimate of lost rental income, a sum as liquidated damages being equal to two-thirds of the Rental that would have applied for such Goods for that period. The Supplier shall use its reasonable commercial endeavours to procure repairs or replacements for such Goods as quickly as possible using the monies paid under conditions 7.1, 7.2 or 184.108.40.206 The Supplier shall make available, if requested, financial protection to cover against damage to the Goods, subject to the restrictions set out in condition 7.6 (the “Supplier’s Cover”); to gain the benefit of the Supplier’s Cover, the Customer must pay the Premium to the Supplier at the same time as the other Hire Charges are paid pursuant to condition 3.4. 7.6 Where the Customer has chosen to make use of the Supplier’s Cover, the Customer accepts unconditionally that the cover only extends to damage sustained to the Goods and will not extend to circumstances where the Goods (or part of them) are lost or stolen; in addition, any claim made in respect of the Supplier’s Cover will be subject to:7.6.1 the payment of the first £150 of the claim (for the avoidance of doubt the Supplier may in its sole discretion deduct such payments from any Deposit held without the prior consent of or notification to the Customer);7.6.2 the return of the Goods (in whatever condition or state of disrepair) together with all accessories and components supplied therewith;7.6.3 the returned Goods being clearly and indisputably identifiable as the Supplier’s Goods by way of the manufacturers serial number or any other unique identifier indexed and recorded by the Supplier.7.7 The Customer agrees that failure to adhere to all of the conditions stipulated in condition 7.6 will render the Supplier’s Cover null and void and will make the Customer liable to pay for the cost of repair or replacement of the Goods pursuant to conditions 7.1 and 7.2.
8.1 Subject always to condition 9 neither the Customer nor the Supplier shall be entitled to terminate a Contract before the expiry of the Hire Period unless agreed with the other party.
9.1 If the Customer:-9.1.1 fails to make any payment to the Supplier when due without just cause;9.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 24 hours of receiving notice requiring the breach to be remedied;9.1.3 persistently breaches the terms of the Contract;9.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;9.1.5 pledges, charges or creates any form of security over any Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition presented against it or the Customer takes or suffers any similar action in any jurisdiction;9.1.6 being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets, any attachment order is made against the Customer, any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;9.1.7 appears reasonably to the Supplier to be financially inadequate to meet its obligations under the Contract; and/or9.1.8 appears reasonably to the Supplier to be about to suffer any of the above events,then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in condition 220.127.116.11 If any of the events set out in condition 9.1 occurs in relation to the Customer then:-9.2.1 so far as the law permits, the Supplier may enter, without prior notice, any premises of the Customer where Goods owned by the Supplier may be and repossess any Goods;9.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;9.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or9.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.9.3 Any repossession of the Goods envisaged under condition 9.2 shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Goods.9.4 Upon termination of the Contract the Customer shall immediately:9.4.1 return the Goods in accordance with conditions 4.6 and 4.7 or make the Goods available for collection by the Supplier as requested by the Supplier; and9.4.2 pay the Supplier all arrears for the Hire Charges arising under the Contract.
10.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.10.2 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Goods and/or the Services has not been paid in full by the due date for payment.10.3 The Supplier shall have no Liability for additional damage, loss, consequential loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.10.4 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.10.5 The Supplier’s total Liability to the Customer for:10.5.1 breach of contract;10.5.2 tort (including negligence); and10.5.3 breach of statutory and/or common law duty, arising from or in connection with any Contractshall not cumulatively exceed the amount of the Hire Charges under such Contract or £100 (one hundred pounds) whichever is the higher. To the extent that any Liability of the Supplier would be met by any insurance of the Customer, the Liability of the Supplier under a Contract shall be reduced by the amount paid out to the Customer by its insurer.10.6 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence.
10.7 The Customer is liable for any third party claims arising from the misuse of the Goods.
10.8 The customer is liable for any third party claims arising from the failure of any fitting.
10.9 The Customer agrees that Event Images Ltd is not liable for any injury to any party caused by the use of the Goods
11.1 Upon termination of the Contract the applicable provisions of conditions 3, 5 and 7 shall continue in full force and effect.
11.2 Each hire of an item of Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Goods.
11.3 No variation to the Contract shall be valid unless it is in writing and signed by or on behalf of both the Customer and the Supplier by a duly authorised officer of the parties.
11.4 The Customer shall not, or purport to, assign its rights or transfer or subcontract any of its rights or obligations under the Contract without the prior written consent of the Supplier.
11.5 The Customer shall be liable, where applicable, for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
11.6 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by the Customer.
11.7 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
11.8 If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.9 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay or non-performance is due to any Force Majeure Event.
11.10 These Terms and Conditions together with the other agreed terms comprising the Contract and any document expressly referred to in any of its terms contains the entire agreement between the Customer and the Supplier relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, in relation to such matters. No oral explanation or oral information given by either the Customer or the Supplier shall alter the interpretation of the Terms & Conditions or the Contract.
11.11 The Customer agrees that the only remedy available to it for breach of any term expressly set out in the Contract shall be a breach of contract. Nothing contained in this condition11.11 shall however operate to limit or exclude any liability of either the Customer or the Supplier for fraud or fraudulent misrepresentation.
11.12 Subject to condition 11.13, all third party rights are excluded and no third parties shall have any rights to enforce the Contract.
11.13 Without prejudice to the generality of condition 11.12 a finance company with whom the Supplier has an outstanding finance agreement relating to the Goods shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier.
11.14 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.