DSM Productions Limited Terms and Conditions of Business
Hire of Equipment, Services and Sales of Material
1) In these conditions, the following words and expressions shall have the same meaning unless the context otherwise appears.
i) “These Conditions” Means the conditions of sale, hire or supply of services herein contained.
ii) “The Company” Means DSM Productions Limited.
iii) “The Hirer” Means the person, firm or company who or which has agreed to hire the equipment from the company.
iv) “The Equipment” Means the equipment specified, together with the accessories (if any), and flight cases specified on the ‘Delivery Note’ and any part or parts of the same.
v) “The Technician(s)” Means the employee(s), agent(s) or Subcontractor(s) of the Company (if any) supplied with the Equipment in order to operate the same, the number of
which (if any) shall be specified.
vi) “The Agreement” Means the agreement between the Company and the Hirer for the Hire or the Equipment.
2) The Agreement is subject to these conditions which supersede all previous communications, representations and agreements, written or oral, and no additions and alterations to
these conditions shall be binding on the Company unless agreed in writing by an authorised representative of the Company. Any terms and conditions proposed by the Hirer shall
only apply if the same have been agreed by or on behalf of the Company in accordance with provisions of this paragraph and in the case of any conflict between such terms and
conditions the latter shall prevail.
3) The Company will endeavor to ensure that the equipment is in good working order, condition and sound at the time of delivery to, or collection by, the Hirer but it shall be the
responsibility of the Hirer to ensure that the equipment is fully suitable for the purpose which it is hired. The Equipment will be examined and checked by the Hirer upon delivery,
and before being taken into use. If found to be defective or deficient it will be replaced or the defects or deficiencies corrected by the Company without any additional charge, but
the Company will, in no circumstances, be liable for any loss or damage whatsoever of any kind however caused arising out of or in connection with the use of or inability to use the
Equipment. The Hirer shall be responsible for the correct use of the Equipment and shall, at his own expense, keep the Equipment in good and substantial repair and condition
(except for fair wear and tear) and shall take all necessary precautions to ensure its safety and security.
The Hirer will not: –
• Open the outer case of the Equipment (if any) or of any item or part thereof.
• Interfere in any way with Equipment or the mechanism thereof or tamper, remove or deface in any way nameplate, serial numbers, company markings or
any other identifier from the Equipment.
• Expose any Equipment to any environment it is not designed for including, but not limited to, outdoor environments, swimming pools, rain and cold
It is the exclusive responsibility of the Hirer to ensure that the Equipment is protected in all respects as afore mentioned. Unless the same shall have been caused by the willful
default or willful misconduct of the Technicians any loss or damage to the Equipment, including loss or damage caused by non-familiarization or misuse of the same, is the sole
responsibility of the Hirer who will be charged with the cost of repair or the full replacement value of the Equipment as the cause may be. The Hirer must not repair, attempt to
repair or request a third party to repair or attempt to repair the Equipment.
4) Any order or instruction required is to be given to the Company by the Hirer shall be given by him or his duly authorised agent in writing. If given orally it shall be confirmed in
writing to the Company within three days. The company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions
by the Hirer which is not received by the Company or so confirmed. The Hirer shall be solely responsible for any statement, representation, order, instruction, guidance or advice
made or given by the Hirer to any Technician.
5) The Equipment shall be delivered and collected at such time and place as shall be mutually agreed between the Company and the Hirer. If delivered to the Hirer the signature or
any person purporting to be any employee or agent of the Hirer shall be sufficient evidence of delivery. The Company shall endeavor to the best of its ability to comply with any
time schedules but will accept no liability for non-delivery of Equipment or non-arrival of Technicians by a specific time or date or within a specified time from receipt of order.
The Company shall not be liable for delays due to unforeseen circumstances or causes beyond its control including, but not limited to, acts of nature, government, labour disputes
and delays in transport.
6) Unless otherwise agreed, in writing between the Company and the Hirer, it shall be the responsibility of the Hirer to return the Equipment to the Company on termination of the
hire. If the Company agrees to collect the Equipment on completion of the hire the Hirer shall remain responsible for the safety, protection, repair and condition (subject as
aforesaid) of the Equipment until it is in the possession of the Company.
7) During the continuance of the Agreement the Hirer shall pay to the Company by way of rent for the hire of the Equipment and the Technicians, the Company’s hire charges as
shown in the Company’s current hire price list, or such other charges as may have been agreed in writing or verbally between the Company and the Hirer. To avoid any doubt the
Hirer shall be liable for payment of hire charges as from the time for which the Equipment is ordered (which shall be the commencement of the hire period) until either i) the
time of its return to the Company or ii) if the Equipment is lost or stolen or is otherwise irrecoverable or is damaged then in any such case the time of its replacement or
completion of repair and the Company undertakes to replace or repair the same as soon as reasonably possible. A twenty-four-hour period or part constitutes one day’s hire.
8) Equipment must not be used on any abnormal or hazardous assignment, taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by
any airline recognized by I.A.T.A without the previous written consent of the Company. The obtaining of all customs clearance licenses and permits as shall be necessary to take
the Equipment out of the United Kingdom is the sole responsibility of the Hirer. If any Equipment taken out of the United Kingdom is lost or damaged or breaks down and the
Company agrees to replace the same or similar, the Company’s liability shall only extend to delivery of any replacement at an address in the United Kingdom if originally
delivered. If the Hirer collects, the Company’s liability shall only extend to the collection address.
9) The Hirer shall pay all delivery charges in addition to the hire charge unless otherwise agreed by the Company.
10) The Hirer shall pay Value Added Tax, where applicable, at the current rate in addition to the charges due to be paid by the Hirer to the Company under the terms of the
11) In the event of a cancellation of an order by the Hirer to Company reserves the right to make a cancellation charge without prejudice to any right or remedy available. The
cancellation charges are as follows:
• 60 days or more to Job start – No Charge
• 30 days or more to Job start – 25% of total charge
• 14 days or more to Job start – 50% of total charge
• 7 days or more to Job start – 75% of total charge
• Less than 7 days to job start – 100% of total charge
12) All other charges are NET and unless otherwise agreed between the Company and the Hirer shall be due and payable on completion of the hire. Completion is taken as when all
items are returned to the Company, excluding lost or damaged items. All other charges are NET and unless otherwise agreed between the Company and the Hirer or as shown on
the invoice, shall be due and payable within thirty days of the invoice date. If any hire charge or other sum due to the Company shall not be paid by the Hirer on the date when
the same shall be due and payable the Hirer shall be liable to pay interest upon such hire charge or other sum at the rate of eight percent above the base rate of the Bank of
England from time to time during the period in which interest is payable from the due date until the actual date of payment. Any queries relating to the invoice amount or details
contained therein shall be made to DSM Productions Limited in writing within seven days of the invoice date, otherwise the invoice figure will be taken as correct and due. Where
a discount value is shown on the invoice, this is deductible from the invoice total for payment within the stated and agreed invoice term. Should the terms be exceeded then the
full invoice total inclusive of the discount is payable and the Company reserves the right to charge interest on the full invoice total inclusive of the discount, as aforementioned.
13) The Equipment remains at all times the property of the Company and the Hirer shall have no right to title or interest therein save that of a hirer thereof under these Conditions
The Hirer shall not sell, offer for sale, assign, mortgage, pledge, under-let or sub-let, lend or otherwise deal with the Equipment or any part or parts thereof or deal with the
Hirer’s interest under these Conditions which is interest personal to the Hirer and the Hirer will keep the Equipment in his own possession for his own use and will not allow any
alien or other encumbrance to be created in respect of the same.
14) From time to time the Company may supply equipment hired from a third party, in respect of this, the same conditions shall apply as if the Equipment were owned by the
Company and the Equipment shall remain the property of the respective third party.
15) The amount of the security deposit (if any) specified shall be returned to the Hirer without interest when the equipment has been returned to the Company and all charges and
other monies due to the Company under the terms of this Agreement have been paid.
16) The Agreement may be terminated by the Company forthwith, by written notice given by the Company to the Hirer, to that effect on the happening of any of the following
event:- the Hirer fails to pay any charges hereunder within seven days of the same having become due (whether demanded or not), or fails to observe or perform any other of
these Conditions, or if the Hirer commits any act of bankruptcy, or being a company goes into liquidation, or has a Receiver appointed in respect of the whole or any part of its
undertaking or assets, or is subject to a Receiving Order, or makes any arrangement with or assignment for the benefit of the Hirer’s creditors, or if distress is levied or threatened
on any of the Hirer’s property, or if the Hirer abandons the Equipment.
17) The termination of the Agreement and the hire thereby created for any reason whatsoever shall not affect any other right or remedy of the Company against the Hirer, without
prejudice, to the generality thereof shall not affect the right of the Company to recover from the Hirer any hire charges and other monies due to the Company at the due date of
such termination, and shall not affect the Company’s right to recover damaged from the Hirer in respect of any breach of the Conditions.
18) The rights of the Company under the agreement shall not be affected at any time, by any time or other indulgence granted by the Company to the Hirer.
19) The Company shall not in any circumstances be liable to the Hirer or any third party for any claims in respect of loss of profits, special damage or any consequential loss
whatsoever or be under any liability for or in respect of loss or damaged to persons or property howsoever caused whether arising directly or indirectly from the hire or use of the
Equipment by the Hirer.
20) The Company reserves the right to subcontract all or part of the Hirer’s order and to assign or otherwise deal in any way whatsoever with the Company’s interest in the
Equipment and in the Agreement.
21) The Hirer is advised not to use any original materials on, in or in connection with the use of the Equipment and the Company cannot accept any responsibility in connection with
any loss or damage to or in respect of the same.
(i) The Hirer undertakes to Insure all hired Equipment supplied by the Company at its full replacement value against physical loss or damage from the time it leaves the
Company’s premises until it is returned to the Company’s premises, or from the time it is delivered to the time it is collected from the Hirer by the Company or the
Technician. Where the Hirer effect insurance the Hirer shall ensure the Company’s interest is noted by the insurers and shall notify the Company accordingly and give
such other details of the policy or policies as the Company may require. Particulars of replacement values will be supplied by the Company on request. Any
insurances arranged by the Hirer shall be in terms not less favorable than the terms of the Company’s insurance.
(ii) In the event of any loss, theft or damage the Hirer must notify the Company as soon as possible within a period of twenty-four hours. In the case of theft or loss the
Police must be informed at the first opportunity