Hire Agreement Terms & Conditions

 Table of Content (click on each header to quick scroll to that section):

1. DEFINITIONS

2. EQUIPMENT

3. PLACING AN ORDER & PROOF OF IDENTITY

4. INSURANCE & LIABILITIES

5. SECURITY DEPOSIT

6. DELIVERY & PERSONAL PICK -UP

7. RETURNING EQUIPMENT

8. LOSS & DAMAGE

9. CANCELLATIONS & AMENDMENTS

10. TERMINATION

11. FORCE MAJEURE

12. AGREEMENTS

1.1   “Customer” means any person (including without limitation, individuals, partnerships and corporate bodies) who orders from Limelight Camera & Lens Hire, and to whom Limelight Camera & lens Hire may agree to supply products in accordance with these terms and conditions.

1.2    “Company” means Limelight Media Productions Ltd, trading as Limelight Camera & Lens Hire. Company Registration no.: 0832589.  Registered Office: 36 Kirtling Place, Haverhill, Suffolk, CB9 0AU.

1.3  “Equipment” means the equipment hired out to the Customer as per the order confirmation, including but not limited to cameras, lenses, accessories and consumables. This also includes any packaging the equipment is hired out in.

1.4  “Security Deposit” means the deposit amount required by the Company for each order a Customer places with the Company.

1.5a   “Delivery” means delivery of Equipment to the delivery address provided by the Customer and shown on the Company order confirmation.

1.5b   “Collection” means collection of Equipment from the delivery address provided by the Customer and shown on the Company order confirmation

1.6a   “Pick-up” means collection of Equipment from the Company address (36 Kirting Place, Haverhill, Suffolk, CB9 0AU) by the Customer in person

1.6b   “Drop-off” means return of Equipment to the Company address (36 Kirting Place, Haverhill, Suffolk, CB9 0AU) by the Customer in person or via postage organised by the Customer

1.7   “Courier” means a premium courier provider the Company arranges who are responsible for Delivery or Collection of Equipment to and from a Customer’s delivery address, on behalf of the Company.

1.8   “Hire Period” means the period starting at the time of Delivery to the Customer or Pick-up of the Equipment by the Customer and ending at the time of Collection by a Courier or Drop-off of the Equipment by the Customer to the Company.

2.1   The Equipment will be of satisfactory quality, fit for purpose and if it is a contract by description that the goods will correspond with the description. In the case of any services in relation to the hire of Equipment by the Company they will be performed with reasonable care and skill.

2.2   The Equipment will remain the property of the Company at all times, however responsibility and liability transfers from the Company to the Customer for the Hire Period. The Customer will ensure safe keeping and care for all Equipment as though it is their own and will keep Equipment in the soft-cases or hard-cases provided by the company throughout the hire period when not in use to protect it.

2.3   The Company will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. The Customer must not alter our equipment in anyway unless permission is granted by the Company in advance.

2.4   The Company does not include any data storage devices as standard with Equipment apart from when the data storage is built into the equipment as a permanent fixture, or when the Customer has added memory card/s to the order.

2.5   Whilst the Company will endeavour to wipe, clean and test memory cards before the hire period, the Company cannot be held liable for any failure arising from the data storage devices and their inability to record data at any time.

2.6   Before the Customer uses any of its own equipment including data storage in conjunction with or connected to the hire Equipment, the Customer shall ensure that their own equipment is compatible for use with the Equipment. In the event of any damage to the Company Equipment relating to use of any Customer equipment not supplied by the Company, the Customer shall be liable for damage to the Equipment.

2.7   If the Company Equipment has built-in recording functionality it is the responsibility of the Customer to research and be aware of any recording limitations with that Equipment before use.

2.8   The Customer expressly acknowledges and agrees any data storage returned to the Company will be erased of all data upon receipt and will not be backed up or stored by the Company. Copying and backing up data recorded on data storage shall be the exclusive responsibility of the Customer. The Company shall not be responsible for lost or damaged data recorded onto data storage nor for the Customer’s failure to transfer all data for data storage before it is returned to the Company and it is the responsibility of the Customer to verify all the data has been successfully transferred prior to the return of the data storage.

2.9a   The Customer shall not add or remove any labels from and/or interfere with the Equipment or make any permanent modifications to it.

2.9b   The Customer must not repair or attempt to repair or request a third party to repair the Equipment or carry out firmware updates without the prior written permission of the Company.

3.1   Customers must be over 18 years of age to hire Equipment from the Company. If you are younger than 18 years old and wish to hire Equipment from the Company you will need a responsible adult who is 18 years of age or older to set up an account and order with us. The hire agreement terms and conditions will apply to the Customer who is the account holder with the Company.

3.2   Customers must register for an account to be able to hire Equipment from the Company. A new account can be set up by navigating to ‘My Account’, or by registering during checkout (recommended method). For any subsequent orders Customers can then log-in to their existing account via ‘My Account’, or during the checkout process.

3.3   Some Equipment hire orders may require a security deposit to be paid by the Customer to the Company to the amount of £250.00 seven days prior to the Equipment being delivered, which is to be charged to the Customer’s payment card of choice. If the order is made less than seven days before the Hire Period the Company will call to take payment asap on the next working day.

3.4   For a Customer’s first order the Customer is required to upload image files during ‘checkout’ consisting of one form of photographic identification and one proof of the billing address. Original photographic identification and billing address documents can be image scanned by the Customer using a scanner device or photographed and saved as an image ready for uploading to the Company website during ‘checkout’. All image documents uploaded by the Customer need to be easily readable by the Company so please ensure photographs of photographic identification and billing documents are taken in well-lit areas and all details are clear to read and not blurred or covered.

3.5  Suitable forms of photographic identification are limited to either a valid passport, driving license or national identity card and the proof of billing address needs to be a current utility bill (issued within 3 months of the date of hire) or a council tax invoice (which covers the period of the Equipment hire)

3.6   If a Customer fails to upload the required proof of photographic identification and/or proof of billing address during a first order in ‘checkout’ then any orders placed by the Customer for Equipment will be void and cancelled and any monies paid by the Customer for the Equipment will be refunded back to the Customers payment card. The Company will endeavour to contact the Customer by phone to highlight any examples of unclear or incorrect proof of photographic identification and/or proof of billing address documents.

3.6b     If the Company is unable to speak with the Customer on the provided contact telephone number because the Customer will not answer the phone, or return our calls within 24 hours, then the Company has the right to void and cancel a hire order if it feels that it might be fraudulent behaviour. We will leave a voice message, and/or text a mobile phone number when we can in order to try to get in contact with the Customer asap.

3.7   It is a requirement of the Company that the Customer needs to have a hired-in-equipment insurance policy already in place and valid for the Hire Period for the Equipment hire to be valid. If a Customer does not have hired-in equipment cover in their existing business insurance, or needs to purchase hired-in equipment insurance we recommend the provider ‘Performance Film & Media Insurance’. Policies can be quoted for instantly and purchased on their website at https://www.performance-insurance.com. Failure by a Customer to have the relevant insurance in place at the time of ordering means that the Equipment hire is void and cancelled and any monies paid by the Customer for the Equipment will be refunded back to the Customers payment card. The Company will endeavour to contact the Customer by phone to highlight any examples of incorrect or invalid insurance policy cover.

3.8  For all orders the Customer is required to upload proof of hired-in equipment insurance during order ‘checkout’. This proof of insurance document needs to include the name of the Customer, name of the insurer and insurance policy number. The Company can then use this information to contact the insurance provider if necessary to confirm ‘hired-in equipment’ is covered in the policy and that the cover value is for the monetary amount to replace the Equipment hired as new should it be stolen or damaged beyond repair during the Hire Period.

3.9   For a Customer to complete the ‘checkout’ process and receive an order confirmation, payment is required for the Equipment hire rates and for any Courier delivery and/or Courier return before the order is confirmed. The total amount due to confirmed towards the foot of the ‘checkout’ page on our website and the Customer can pay using a debit or credit card via the website secured link on the ‘checkout’ page.

4.1   As per clause 3.7, all Customers must have the relevant ‘hired-in equipment’ insurance cover in place to hire Equipment from the Company. Responsibility to organise Insurance cover lies solely with the Customer. The Company recommends that a Customer’s insurance policy covers for loss, damage and continuing hire charges (to reimburse the Company for loss of earnings arising from the loss or damage of Equipment).

4.2   The value amount of insurance cover to be included within the ‘hired-in equipment’ policy needs to match or be greater than the current market value of the Equipment to be hired as though it was being purchased as ‘new’. To find out the market value of equipment please go to either https://cvp.com/ or https://proav.co.uk/ and use the lowest price as the guide.

4.3   Liability for the Equipment during the Hire Period is solely with the Customer. If the Equipment is stolen, lost or damaged during the Hire Period the Customer must let the Company know at the soonest opportunity. In any eventualities of stolen, lost or damaged Equipment during the hire period, or discoveries of such found by the Company upon return of the Equipment, the Security Deposit (if applicable) will be applied against any fees, damage, theft or loss in relation to the Equipment. An invoice will be sent to the Customer to cover for remaining fees including either the full worth of the Equipment or for the cost of having the equipment repaired and payment will be required immediately from a debit or credit card or requested via a bank transfer.  The Customer will also be liable to pay for continuing hire charges until such time as the Equipment is replaced (by an equivalent, new item) repaired or recovered, or pay any cross-hire charges the Company incurs sourcing a temporary replacement.

4.4  Where the Equipment, for reasons outside the Company’s control, ceases to be available to the Customer for the duration of the hire period for instances such as damage, loss of theft, the Customer shall inform the Company as soon as is practically possible. In such an event, the Company will endeavour to provide suitable replacement Equipment if possible and charge at the current rate of hire for the required hire period. The Customer will be required to pay for any additional courier services to deliver the replacement Equipment.

5.1   If the Customer is required to pay a Security Deposit of £250 for a hire order placed, the Security Deposit will be secured either at the time of booking or 7 days before the date of dispatch, whichever is closest to the day of dispatch. In the event of the funds being requested by the Company and not being paid, or the Company not being able to contact the Customer, the Equipment hire order will be cancelled.

5.2   The Company shall be entitled to apply the Security Deposit (if applicable to the order) against any fees, damage, theft or loss in relation to the Equipment. If the cost of missing/damaged parts exceed the Security Deposit amount of £250, the outstanding balance will need to be paid in full immediately by the Customer. An invoice and receipt will be provided in all instances listed above so that the Customer can provide proof to their insurer should they wish to make a claim on their insurance.

5.3   At the end of a Hire Period, and once the Equipment has been inspected by the Company and found to be without damage and in full working order, the security deposit (if applicable) will be refunded back to the original payment account used. Please note once actioned our payment and refund gateway typically takes two to seven working days to process a refund. Once the refund is processed and sent to the Customer’s card issuing bank, it can take another two to seven working days (depending on the bank’s processing speeds) for the refund to post to the Customer’s account.

6.1   If the Customer chooses to have the Equipment provided to them by ‘Courier Delivery’ this is a service organised by the Company, who will prepare and dispatch the Equipment via a Courier to arrive at the Customer’s delivery address one day before the Hire Period. The Company typically dispatches Equipment to a Courier two working days before the Hire Period so that it arrives one working day before it is to be used. Once received please unpack and check all Equipment is in good condition and in full working order, before your Hire period. If there are any issues with the Equipment not working as it should please let us know straight away so we can work on a resolve with you.

6.2   If the Customer chooses to have the Equipment provided to them by ‘Local Pick-up’ during checkout, the Equipment will be prepared for dispatch by the Company and available for collection one working day before the Hire Period. Equipment Pick-ups are possible between the hours of 12pm and 5:30pm unless an alternative time has been agreed in writing by the Company. All equipment will have been examined and tested by the Company to ensure it is in full working order.

7.1   The Equipment is to be returned to the Company on the next working day after the Hire Period.

7.2   If the Customer chooses to have the Equipment returned to the Company via ‘Drop-Off’ service to the Company address they can do so between the hours of 9am and 5:30pm on the next working day after the Hire period.

7.3   If the Customer chooses to have the Equipment returned to the Company via ‘Courier Return’ the Equipment must be carefully repacked in the same way it was originally received to protect the Equipment case/bag from movement and damage whilst in the care of the Courier. Please use Equipment checklist provide by the Company to ensure all hire Equipment items are included for return. The Courier will collect the Equipment for return from the Customers delivery address anytime between the hours of 8am and 6pm so please ensure you or someone you delegate is available at this address during this time until the Equipment has been collected by the Courier. Liability for the Equipment is transferred over to the Company once the Equipment has been collected by the Courier.

7.4   If the Customer chooses to have the Equipment returned to the Company by organising and paying for their own return delivery service, the Equipment must be carefully repacked in the same way it was originally received, as well as being placed inside a cardboard box with protective stuffing or similar packaging to protect the Equipment case/bag from movement and damage whilst in the post. The return service for the Equipment back to the Company must be a next-day delivery and signed for delivery using one of the following reputable courier services: DPD, UPS, FedEx or Parcelforce / Royal Mail special delivery. Postage must be insured to cover for the market value of the Equipment. The Customer must ensure they receive and keep proof of postage should any issues arise from return postage to the Company. This way the Customer can make a claim against the courier if required. The Customer will be liable for any damage to or loss of Equipment and it will be the Customer’s responsibility to claim from the courier if it is the Customer’s position that it must be the courier that has damaged or lost the Equipment. The Company will assist the Customer by providing for example photographs of damaged packaging and the damage to the Equipment.

8.1   While ordinary wear and tear is expected e.g. minor scratches on the Equipment surfaces etc, damage to vital parts of the equipment which effects its performance e.g. lens glass or mount of a lens would be expected to be compensated for.

8.2  The Customer is liable for any loss, theft or damage (excluding ordinary wear and tear to Equipment during the Hire Period). If either of these instances occur during the Hire Period please inform the Company at the earliest opportunity. We would also recommend the Customer to contact their insurer to report the incident at the earliest opportunity. If the Equipment has been stolen please contact and inform the police of the theft and request and take note of the crime reference number. The Customer will need to provide the crime reference number to their insurer as part of any claim made.

8.3   The Company will invoice the Customer for any fees arising from loss, theft or damage to the Equipment during the Hire Period and this payment amount will be due immediately. There will also be an admin fee included in this amount of at least £25 to cover for our time to deal with the Equipment replacement or repair for restocking. After payment has been made by the Customer the Company will provide a receipt to the Customer so that they can provide this to their insurer as part of any claim made.

8.4   Loss due to negligence is likely not to be covered by any insurance policy so be thoughtful with regard to the care of the Equipment and ensure that you have it with you at all times, or have it stored within a locked room within a premises you are inhabiting. If you need to keep Equipment in a vehicle for a temporary time ensure that the vehicle is locked and has 24-hour security surveillance on it at all times. Also ensure that Equipment is not visible to anyone outside the vehicle.

9.1   Where the Customer is a consumer, they shall have the right to cancel an order by written notice up to 14 days after receiving the Order confirmation email. The Customer’s payment will be refunded back to the original payment account. If the order is placed by the Customer for a hire period which is less than 14 days away from the order confirmation date, the customer acknowledges and agrees that they are aware of their right to cancel but want to proceed during the cooling off period, and if they cancel the contract during the cooling off period they accept that they will be liable to pay for the services they have received up to the point the contract is cancelled.

9.2   If a Customer needs to cancel or amend an existing Equipment hire order please inform the Company at the earliest opportunity and confirm in writing by sending an email to info@limelightcamerahire.co.uk with the following information included within:

a). I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of hire of the following equipment (please list relevant equipment/ or give order number if the entire inventory)

b). Ordered on: (date here)

c). Name of Customer: (account holder)

d). Billing address of Customer: (account holder)

e). Date of cancellation: (date here)

(*) Delete as appropriate

 Cancellations and amendments can only be dealt with by the Company during our office hours of 9:00am to 5:30pm, Monday to Friday (excluding bank holidays). Equipment hire order can only be cancelled if we haven’t already dispatched the items to you (this is two working days from 12:00pm, before the Hire Period for Courier Delivery). When cancellations or amendments have been processed by the Company an email confirmation will be sent.

9.3   Aside from the 14 day cooling off period for consumers, if a Customer cancels an order less than eight working days before the Hire Period the Customer will be in breach of the contract and charged a cancellation fee to cover for liquidated damages. The cancellation fee acts as compensation for possible loss of earnings to the Company, for the Equipment included in the cancelled order on the basis that the later the Company is notified of the cancellation leading up to the hire period, the less likely it is that the Company will be able to re-hire that Equipment to another Customer and the Company may have already incurred costs preparing the Equipment for the hire. Cancellation fees for 7-5 working days before is 50% of hire, 4-3 working days is 100% of hire.

9.4  The Company will strive to fulfil order amendments wherever possible and subject to availability. Changes cannot be made to an order if it has already been dispatched (two working days before the Hire Period). Where pricing for an order has increased due to Customer amendments on an order, additional payment will be required to the Company and taken over the phone or by an emailed payment link.

9.5   If the Customer wishes to extend the Hire Period the Company shall use reasonable endeavours to accommodate such extension but, the Customer acknowledges this may not be possible or be subject to additional fees or other conditions.

9.6   The Customer acknowledges and agrees that where the Company has incurred fees relating to the cross hire of Equipment to fulfil the Customer’s Order and which the Company is obliged to pay then the Customer will be liable for the full amount of such charges despite cancellation. The Company undertakes to use reasonable endeavours to mitigate any such charges.

9.7   If the Customer wishes to return the Equipment early they can either Drop-Off or post Equipment back or request for the Company to organise a Courier Collection. If an early Courier Collection is requested the Company shall arrange collection at the earliest opportunity from the Customers delivery address during an agreed working day between the hours of 8am and 6pm. As the Equipment will have been unavailable for alternative bookings during this period, we cannot offer a refund of the remaining hire period.

10.1   The Customer agrees that the Company, in its sole discretion, may terminate the Customer’s use of the hire-of-Equipment services the Company provides on its site and remove and discard any content within such services, for any reason including, without limitation:

1. a) if the Company believes you have breached or acted inconsistently with these terms and conditions.

b). If the Customer fails to pay for any sums due by the Company for the hire order, or the security deposit (if requested)

c). If the Customer fails to provide the requested and adequate proof of photographic identification and proof of billing address to set up an account.

d). If the Customer fails to provide proof of a genuine ‘hired-in equipment’ insurance policy in place covering the duration of the hire period

The Company may also, in its sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

10.2   The Customer agrees any termination of access to such services under any provision of these terms and conditions may be affected without prior notice. Furthermore, the Customer agrees that the Company shall not be liable to the Customer or any third party for any termination of access to such services.

11.1  Neither Party shall be liable for any breach of these terms and conditions caused by circumstances beyond the reasonable control of that Party and which prevent that Party from performing its obligation to the other. Circumstances beyond that Party’s reasonable control include but are not limited to acts of God, any form of Government intervention, terrorist activity, local or national emergency, power failure or breakdown in Equipment, sabotage or riots, and floods, fires, explosions, pandemics or other catastrophes. A lack of funds shall not be regarded as a circumstance beyond that Party’s reasonable control.

12.1   These terms & conditions and the order confirmation form the entire hire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter. No additions or alterations to these terms and conditions shall be binding on the Company unless agreed in writing and signed by a duly authorised signatory. Any terms and conditions proposed by the Customer shall only apply if agreed by the Company in accordance with this paragraph.

12.2   The provisions of the Contracts (Rights of Third Parties) Act 1999 do not apply to this contract and no third party has any right to enforce or rely on any term of the contract.

12.3   If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein

12.4   These hire agreement terms and conditions are governed by English law. The Customer and the Company both agree to submit to the jurisdiction of the English courts.