1. ‘The Company’ shall mean Aimimage Ltd including companies trading as Ice Film, The Camden Studio and Aimimage Productions. ‘The Customer’ shall mean the person or Company contracting with the Company. ‘The Equipment’ shall mean all or any of the items of whatsoever nature which are hired or contracted to be hired to the Customer by the Company.
2. It is imperative that Customers and their insurers read Aimimage’s Terms & Conditions (further copies available), as exemption or modification of liability of the Company or indemnity from the Customer may apply. The ‘Company’ with respect to those clauses that may modify or exempt liability extends to its directors, agents and servants.
3(i). The Company is engaged in the supply of Equipment materials and services in circumstances where it is customary for such facilities to be supplied at the Customer’s risk and where the Customer is required to provide insurance.
3(ii). By an placing order with the Company, the Customer constitutes a business transaction into which both parties are freely entering.
3(iii). Any advice, instruction, guidance, representation or statement in connection, with or in relation to the nature use and application of any Equipment materials or services supplied by the Company given, or made by any director or by any servant or agent of the Company or by any technician whose services are supplied to the Customer, is given or made only on condition that the Company shall in no circumstances be liable, therefore, or for loss or damage of any kind resulting there from however caused.
3(iv). The Customer shall at all times keep effectively indemnified the Company, it’s Directors, servants or agents against all actions, proceedings, claims, costs, charges, damages and demands of whatsoever nature may be made or brought against the Company, it’s Directors, servants or agents by any third party in relation to or in connection with or arising from the Equipment or use thereof.
4. The Company enters into all agreements with the Customer solely on the terms of these Conditions and no representation or warranty collateral or otherwise shall bind the Company and no statement made by any representative by or on behalf of the Company shall vary these Conditions unless such representation warranty or statement shall be made in writing and signed by a director of the Company.
5(i). It is necessary for the Customer, because the Company offers no guarantee, to ensure that checks and tests are made upon Equipment and materials, for example film testing all cameras and lenses, batch testing film stock, feasibility tests on special effects Equipment and other specialized Equipment before they are put into use both for completeness and correct functioning and fitness for the Customer’s purpose. This must be in ample time for defects and deficiencies to be remedied and replacements to be obtained where necessary.
5(ii). Whilst we endeavour to supply Equipment, in full working order, we cannot guarantee that Equipment and materials supplied will not in some respects be defective or unfit for their purpose. The Customer must ensure suitably qualified personnel undertake to carry out necessary checks on Equipment in good time to notice or rectify faults. The Company is not responsible for any consequential loss, whether it be of lost filming time or howsoever affected. Provision to safeguard the interests of the Customer should fall within insurance arrangements that extend to third party provision and the standard elements of cover particular to the customs and practices of the film, television and presentation industries.
6. The Company is not obliged to deliver or collect Equipment. Where at the request of the Customer the Company delivers or collects Equipment or materials such delivery or collection shall be at the Customer’s risk and expense. Insurance cover should reflect delivery and collection risks.
7(i). The Company advises and expects the Customer wherever possible to take out insurance (which must be marked “without recourse against the Company”) against loss, damage or liability caused by, or rising out of or connected with defects or deficiencies in Equipment or materials or services supplied by the Company whether caused by negligence or breach of contract of the Company or howsoever caused. The Customer ought also to insure against claims by the Customer’s employees or technicians and other persons arising out of or connected with the Customer’s use of the Company’s facilities.
7(ii). The Company will, if requested, make available to the Customer the name of insurance companies who may be willing to quote for such insurances (with adequate cover in relation to the scale of operations) including those generally termed or corresponding to Film Producers Indemnity Insurance, Film Negative Insurance (with full extension) and Public Liability / Third Party Insurance (including contractual liability). The list of policy types mentioned is not exhaustive.
7(iii). Rates for Equipment and services charged by the Company bear no relation to the true value of Equipment entrusted to the Customer. Conditions apply whether or not the Customer is operating within the disciplines, custom and practice of the film television or presentation industries.
7(iv). The Company requires hired Equipment to be insured against physical loss or damage for its full NEW replacement value (new for old), or equivalent NEW model where model has been superceded, from the time it leaves the Company’s premises until it is returned. Regardless of whether it is the Company or the Customer which effects such insurance, the Customer must make a full disclosure of all material circumstances affecting such insurance. The Customer must bear in mind that Insurers may include in the policy conditions designed to exclude from cover the consequences of failure to take reasonable precautions for the safety of Equipment. In these circumstances, for example, to leave valuable Equipment in an unattended vehicle whether locked or otherwise may well be regarded by Insurers as sufficient to exclude liability under the policy. (see 6)
7(v). Where the Customer insures its materials and its work and operations against loss damage or liability caused by or arising out of or in connection with Equipment, materials or services supplied by the Company or any contract with the Company, the Customer shall inform insurers of these Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against the Company.
7(vi). Without the prior consent of the Company hired Equipment must not be used on any abnormal or hazardous assignment or taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by any airline recognised by I.A.T.A.
7(vii). The Company maintains insurance cover on certain road vehicles, which according to the principle of ‘named’ drivers ensures insurance cover is provided by our insurance arrangements according to the Road Traffic Act and others. However, the Customer is liable for the ‘excess’ charge of 750 for damage caused and resulting in a claim.
7(viii). The Company will take no responsibility for the security and integrity of any rushes/data left on tapes, drives and other electronic storage devices by the client upon the return of hired equipment to our premises. It is the sole responsibility of the client to delete all rushes/data from tapes, drives and other electronically stored devices.
7(ix). The company will provide the required insurance cover for the use of our vehicles on the road. The customer will be required to pay the excess of £1500 in the event of any claim against our vehicle insurance policy, whether made by the company or by a third party.
8(i). Where at the request of the Customer the Company supplies the services of a technician or other person to the Customer such a technician or other person shall for the purpose of any liabilities to third parties or- loss or damage sustained by the Customer, the Company shall not be liable for loss or damage of any kind, however caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company.
8(ii). Where the Company supplies the services of technicians and other personnel such services are supplied subject to the provisions of any relevant union agreement and contract of service and the Customer shall observe and perform the same.
9. Time is not of the essence of any contract with the Customer and the Company shall not be liable for any delays in the supply of Equipment materials and services by it, or any losses whatsoever due to any such delays howsoever caused.
10. If it is proved to the satisfaction of the Company that film stock or magnetic tape supplied by it to the Customer or entrusted to the Company by the Customer has been damaged or lost due to the fault of the Company its directors servants or agents, the Company undertakes to replace such film stock or magnetic tape by a similar length of any unexposed film stock or unused tape of similar quality without additional charge. But the Company shall in no circumstances be under any other liability whatsoever resulting from or in connection with such damage or loss. (see 5ii)
11. The hire charge for Equipment commences from, whichever is the earlier of the time, when the Equipment is made available to the Customer or leaves the Company’s premises. It is terminated at the end of the agreed hire period or when Equipment is returned to the Company’s premises, (or if damaged, repaired, or if lost or damaged beyond repair), replaced, whichever is the later, provided that the amount of any additional hire charge payable as a direct result of accidental loss or damage to Equipment shall not exceed 13 weeks rental.
12. The Equipment specifications and the prices and rates published in the Company’s catalogues are subject to alteration without notice.
13. The reduced rate for weekly hire of Equipment is for any 7 consecutive days, additional part-week hire period will be charged at daily or weekly rates, whichever is the less.
14(i). The Customer shall compensate the Company for any loss which the Company may suffer as a result of any cancellation or variation of any order for the supply of Equipment materials or services or failure to return any hired Equipment to the Company’s premises at the termination of the agreed hire period in good condition, fair wear and tear excepted.
14(ii). The Customer shall pay to the Company the full NEW replacement value (new for old), or equivalent NEW model where model has been superceded, of hired Equipment not returned or the full cost of repairing any damage together with any additional hire charge due. Including, Filters, electric light bulbs, ground glasses, ‘lens elements’ and similar items are supplied on the basis that any deterioration while in the Customer’s possession is the responsibility of the Customer and will be charged for.
14(iii). Customers must keep hired Equipment in their custody and must ensure that it is used in a skillful and proper manner by persons having the appropriate qualifications and experience and who are familiar with the type of Equipment. Customers must protect hired Equipment from the elements and take all reasonable precautions for its safety. Under no circumstances may Customers alter, add to, modify adapt or misuse Equipment hired to them by the Company or remove or disfigure any label or plate or identification or affix to, such Equipment install thereon or insert therein any accessory Equipment or device incompatible with its proper use.
14(iv). Customers must not sell loan assign pledge encumber part with possession or suffer any lien to be created over hired Equipment and the Company may terminate any hiring forthwith and without notice in the event of a Customer making any attempt to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights in the Equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgment or well founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
14(v). The Customer agrees that a representative of the Company may enter upon any premises upon which hired Equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period. and where such Equipment is on premises not occupied or under the control of the Customer, the Customer undertakes to secure for the Company permission to enter for such purposes and the Customer shall compensate the Company for any costs incurred in repossessing hired Equipment.
15(i). The Customer agrees that any film, magnetic tape, Equipment, materials or property in the possession or custody of or handled by the Company may be subject to a lien for the general balance of the moneys from time to time due to the Company from the Customer however arising.
15(ii). Any acceptance of the return of/or repossession of the Equipment or the granting of any indulgence by the Company shall not constitute a waiver of its rights under these conditions.
16. All accounts are rendered for immediate settlement. Where credit is granted by the Company payment must be made within 30 days from the date of invoice. Interest at 18% per month will be payable on all accounts not settled within 30 days from date of invoice, such interest to be calculated from the date of invoice.
17. We reserve the right add a 30% recovery premium to an outstanding invoice if an investigation company or legal action for recovery are required.
18. Quotations, unless otherwise stated, are valid for 28 days from issue.
19. These Conditions shall be governed by and interpreted according to English Law and be subject to the jurisdiction only of the Courts of England.
20. Our web-based rate card supercedes any previously printed versions.