TERMS & CONDITIONS

Equipment Hire Terms and 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.


Video Production Terms and Conditions

TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM PANNY HIRE LIMITED

Definitions & General Terms

In these Terms and Conditions the words ‘PANNY HIRE LIMITED’ ‘PANNY HIRE ‘we’ ‘us’ ‘our’ and ‘ours’ refer to PANNY HIRE LIMITED, a UK registered limited company.  The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.

These Terms and Conditions apply to all video and associated audio product created by Panny Hire, including all moving and still images and sound recordings of whatever form.

Pre-production requirements

It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

No liability will be accepted by Panny Hire for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.

Where copyright material is provided by the client for incorporation into a Panny Hire video or film, permission must be obtained from the original copyright owner / material provider.

The client undertakes to indemnify Panny Hire against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.

A full production brief must be signed off by the Client before production work begins.

Production and post-production

All works undertaken will be as per Panny Hire written quotation based upon the agreed production brief.  It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking.
Any amendments or additional days filming will be charged at our current daily rates.

Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.

Panny Hire takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.  In such circumstances, the Client will be fully liable for any costs incurred or subsequently arising as a result.  Panny Hire will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.

Insurance

Panny Hire carries public liability insurance cover of five million pounds.  A copy of our insurance certificate can be provided on receipt of a request to our offices.  Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.

Adverse weather conditions

In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.

‘Client delays’

In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise.  No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).

Changes to the filming schedule

In the event of the Client wishing to change or cancel the filming date we require a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.

Equipment substitution

In the event that Panny Hire experiences equipment failure or technical difficulties, all efforts will be made to use suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.

Approval / amendments of draft footage

Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment.  One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief.  Our video editing and production facility is available for client viewing and review.  Subsequent revisions or significant re-edits will be charged at an additional rate per day or part thereof.

Project duration and delivery

Any indication given by Panny Hire of a design project’s duration is to be considered by the customer to be an estimation. Panny Hire will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief.  Panny Hire will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.

Copyright

Panny Hire asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project.  The copyright of all produced material is solely owned by Panny Hire and is protected under English law.

Usage license – rights to the use of project content

Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Panny Hire against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.

We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited license for use of that footage to the Client subject always to the following express condition:

Panny Hire retains all copyright over any content we produce. A usage license grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.

We reserve the rights to use any footage and related files from any client-commissioned project in our show reels and for other promotional purposes.

Panny Hire assigns to the Client a license to use the video production in its complete delivered form only.  We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.

Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage license relating to the video material in its delivered form.

We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive license to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

PAYMENT

Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.

We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.

We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Panny Hire reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.

All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means.  This document shall be taken as an agreement between the Client and Panny Hire under English law.

Facebook

Twitter

Our Clients

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