TERMS & CONDITIONS

The following conditions are applied to the hirer of equipment/goods supplied by Panny Hire.
Panny Hire shall not be liable for any delay in, or failure to, perform any of its obligations here
under, if the delay or failure is caused by circumstances outside the reasonable control of the
company.

Interpretation
In this contract the following words have the following meanings:

“The Hirer” means the person, customer, firm, company, representative of a firm or company,
or other individual or organization hiring equipment from Panny Hire.

“Hire Period” means the period commencing when the hirer holds the hired equipment on hire
(including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of
the following events: (i) the physical return of equipment by the hirer into Panny Hire
possession; or (ii) the physical repossession or collection of hired equipment by Panny Hire.

“Force Majeure” 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 and any
other similar events.

“Hire Goods” means any machine, article, tool, and/or device together with any accessories
specified in a Contract which are hired to the Customer;

“Cross Hired” means the hiring of equipment by Panny Hire from other equipment rental
providers/suppliers on behalf of the hirer.

The Hirer agrees to the following:

Basis of Contract
1. The equipment on hire belongs to Panny Hire, unless the invoice states the goods
are purchased in which case they belong to Panny Hire until payment has been
received by Panny Hire in full.

2. The hirer shall take good care of the equipment and ensure it is used in a proper
manner by persons having the necessary experience, training and qualifictions. No
attempt should be made to adjust, interfere with or repair the equipment. A charge
will be added to the hire in the event of such evidence found on the equipment upon
its return and may also include a charge for the recalibration of the equipment.

3. The hirer holds full responsibility for the equipment and no responsibility can be
passed on to other persons/third parties.

Payment
4. The amount of any deposit, rental and/or charges for any services shall be as quoted
to the hirer or otherwise as shown in Panny Hire’s current price list from time to time.
Where a deposit is required for the hire goods it must be paid in advance of the hirer
hiring the hire goods. Panny Hire may also require an initial payment on account of
the rental in advance of the hirer hiring the hire goods.

5. The hirer is to pay the rental, charges for any services, monies for any products
and/or any other sums payable under the contract to Panny Hire at the time and in
the manner agreed.

6. Payments by the hirer on time and in accordance with the contract are an essential
condition of the contract. Payment will not be deemed complete until Panny Hire has
received either cash or cleared funds in respect of the full amount outstanding.

7. If the hirer fails to make any payment in full on the due date Panny Hire may charge
the hirer interest (both before and after judgment) on the amount unpaid at the rate of
4% above the base rate. Such interest shall be compounded with quarterly rests.

8. The hirer shall pay all sums due to Panny Hire under this contract without any set-off,
deduction, counterclaim and/or any other withholding of monies.

9. Panny Hire may set a reasonable credit limit for the hirer. Panny Hire reserves the
right to terminate or suspend the contract for hire of the hire goods and/or the
provision of services if allowing it to continue would result in the hirer exceeding its
credit limit or the credit limit is already exceeded.

10. The hirer will pay Panny Hire an extra charge for each day the equipment is retained
after the agreed date, which will not end until the equipment has been returned back
to Panny Hire.

Delivery, Collection and Services
11. The hirer will notify Panny Hire as soon as possible if the equipment needs to be kept
for a longer period than originally agreed; in such circumstances the extended period
of equipment hire cannot be guaranteed and is dependent on availability and
approval by Panny Hire.

12. The hirer will notify Panny Hire immediately if any damage is caused to the
equipment.

13. The hire period will not be terminated until the equipment is returned to Panny Hire
premises, at the hirer’s expense, unless a collection charge has been arranged by
Panny Hire.

14. Fair wear and tear is accepted, provided that if the equipment is lost, damaged or
destroyed the hirer will pay Panny Hire the extra hire charge (thirteen weeks loss of
hire cover), until the equipment is fully replaced, repaired or recovered (where
appropriate) and delivered to Panny Hire premises by the hirer.

15. If any services are delayed, postponed and/or are cancelled due to the hirer failing to
comply with its obligations, the hirer will be liable to pay Panny Hire’s additional
standard charges from time to time for such delay, postponement and/or cancellation
except where the hirer is acting as a consumer and the delay is due to a Force
Majeure event.

16. The equipment is supplied to the hirer at the hirer’s risk in all respects. This may
include unforeseen events during delivery including transportation and delivery
failure. If being delivered, in the event of equipment failing to arrive at an agreed time
to a hirer, Panny Hire will endeavour to re-arrange all of the hire period to an
appropriate time and date.

17. The company director of Panny Hire holds the right to enter upon any premises on
which equipment is believed to be kept, for the purpose of recovery of equipment. At
the end of the termination date, the hirer shall compensate Panny Hire for any cost of
having to recover equipment in this way including lost revenue.

18. The conditions are taken as accepted, on collection from or delivery by Panny Hire.

19. Panny Hire is responsible for the repair and maintenance of their equipment and
ensuring that all equipment is hired out in good working order and this is
acknowledged without charge to the hirer provided that such maintenance has not
occurred by misuse or damage whether accidental or otherwise.

Liability and Insurance
20. Any equipment left within Panny Hire offices, either on hold or for repairs not
collected within three months will be disposed.

21. Panny Hire supplies equipment materials and special services in circumtances where
it is customary for such essentials to be supplied at the hirer’s risk and where the
hirer is required to provide insurance cover.

22. By the hirer placing an order via phone, fax or email the hirer constitutes a business
transaction, thus creating an agreement into which both parties are freely entering.

23. Any advice issued instruction, guidance or statement in connection with or relation to
the use and application of any equipment/materials or services supplied by Panny
Hire or direct staff, technical staff or customary agents, is given only on the condition
that Panny Hire shall in no circumstances be liable for any loss or damage of any
kind.

24. The agreement between Panny Hire and the hirer relies solely on the terms of these
conditions and no representation or otherwise shall bind Panny Hire and no
statement from any representative of Panny Hire shall vary these conditions unless a
representative statement is made in writing and signed by the director of Panny Hire.

25. Panny Hire will endeavour to supply the hirer with replacement equipment if at any
time during the hire period the equipment cannot be effectively repaired or maintained
as a result of any mechanical or electrical fault. Panny Hire liability in this respect
shall be subject to avaliablity of replacement of such equipment. Panny Hire shall not
be liable for interruption or cancellation of work (filming/production or otherwise) if it
fails to secure and supply replacement equipment of any sort. For replacement
equipment due to the above reason a notification via fax has to be received, where
possible, before the equipment can be released. Equipment will be delivered to the
orginal address at time of booking unless an alternative delivery arrangement is
agreed between Panny Hire management and the hirer either by phone, email or fax.

26. Insurance cover: The hirer undertakes responsibilty for insuring all equipment against
“all risks” to full replacement value. Any loss or damage to the equipment is to be
reimbursed to Panny Hire by the hirer to the full replacement value thereof. If the hirer
is providing self-arranged insurance cover, a copy of the insurance cover note is
required before collecting equipment from Panny Hire and MUST show ‘HIRED IN
GOODS VALUE’ in the document. Insurance for sixteen weeks loss of hire, or up to
and including the day of replacement equipment is recieved by Panny Hire for any
damaged equipment in need of replacement, must also be secured.

27. The hirer understands that insurance arranged by them to cover equipment hired
from Panny Hire will be liable for the periods of delivery and return of any equipment.
This includes equipment delivered and returned by staff of Panny Hire by any means
of transport. The hirer’s insurance will be liable at all times as soon as the equipment
has left Panny Hire’s premises, until the hire kit is fully returned to Panny Hire’s
premises.

28. The hirer understands both Panny Hire’s insurance, and other third party insurance
where applicable shall not fully cover the event of equipment stolen from an
unattended car/other vehicle.

29. It is important that all hirer’s and their insurers read Panny Hire terms and conditions,
availiable upon request, as awarness of liabilities of the company or indemnity for the
hirer may apply.

30. Panny Hire’s total liability to the hirer under and/or arising in relation to any contract
shall not exceed five times the amount of the rental and charges for services (if any)
under that contract or the sum of £1,000 whichever is the higher. To the extent that
any liability of Panny Hire to the hirer would be met by any insurance covering Panny
Hire, then the liability of Panny Hire shall be extended only to the extent that such
liability is met by such insurance.

31. No liability is accepted, consequential or otherwise, by act or ommition by Panny Hire
whether by negligence, delay, detention, late delivery, non delivery, or deficiency in
the equipment or order.

32. Hirers should check the terms and conditions of their insurance policy as they might
be liable for the excess in the policy if cover for this event is not in place.

General
33. Should a technical failure of equipment supplied by Panny Hire occur, causing the
abandonment of the shoot or any form of production, Panny Hire will not accept
liability for any failure to complete or re-shoot. Insurance for such an eventuality is the
responsibility of the client.

34. Panny Hire shall have no liability to the hirer for any:-
34.1 Consequential losses (including loss of profits and/or damage to goodwill);
34.2 Economic and/or other similar losses;
34.3 Special damages and indirect losses; and/or
34.4 Business interruption, loss of business, contracts and/or opportunity.

35. A cancellation charge of fifty percent of the hire period value shall be payable to
Panny Hire between one week and three days notice of cancellation, seventy-five
percent if between three days and one day notice of cancellation, or if less than one
days notice one-hundred percent of the hire period invoice will be payable.

36. The hirer should be aware the value of equipment hired in/cross hired from other
companies/suppliers changes from hire to hire and should never assume the value
remains the same from any previous hire.

37. Provisional bookings are taken on the understanding that they do not guarantee the
availability of the equipment.

38. Missing, damaged/non-returned: If any of the equipment supplied by Panny Hire is
returned damaged or with missing items, the hirer will be notified in person or by
phone wherever possible, or by post, email or fax. Up to seven days after contact is
made or correspondance is sent, Panny Hire will invoice the hirer for replacements.

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Pannyhire Panny Hire Camera Birmingham, London, Arri / Zeiss Ultra Prime, RED EPIC Dragon, Phantom HD Gold, Manchester, Arri Alexa Hire, Bristol | The Filmmakers Friend – 24/7 0121 469 0070 contactformATpannyhireDOTcoDOTuk