Terms & Conditions

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1. Acceptance

All orders are accepted and goods supplied by Hammerhead TV Limited only on the terms of these conditions. In the case of any difference between these conditions and those of the Customer, these conditions shall in all respects prevail. No amendment, modification or waiver of these conditions shall be of any affect unless agreed to in writing by the Company.

2. Orders

All orders are accepted for execution at the price quoted in writing by the Company, or if none, at the price current at the date of despatch and are subject to variation in order to cover increases in suppliers prices charged to the Company. Value Added Tax will be added at the current rate where applicable.

3. Delivery

Delivery dates are estimates only and the Company shall not be liable for failure to dispatch within the times quoted. The prices quoted do not include carriage, which will be charged in addition.

4. Damage in Transit

The Customer shall conduct a reasonable inspection of goods supplied upon receipt. If such inspection reveals that the goods are damaged or some have been lost, the Customer shall notify the Company and the Carrier in writing within 3 days of the date of delivery. If the Customer should fail to notify the Company and the Carrier in accordance with this condition, or to return the goods on demand for inspection, the Customer shall pay to the Company the full cost of repair or replacement of the goods.

5. Subsequent Damage and Risk

In the event of any loss or damage after delivery, the Customer shall, at the discretion of the Company, pay for its replacement or the cost of restoration to full working order and, until so replaced or restored, the Customer shall pay the on going hire charge. The risk of damage to or loss of the goods shall pass to the Customer at the time of delivery, or if the Customer wrongly fails to take delivery of the goods, at the time when delivery was tendered.

6. Insurance

The Customer shall keep the goods insured for the full replacement value with a reputable Insurance Company against loss or damage for all risks. Proof of cover will be required. The Company may, if requested in writing or at their sole discretion, insure the goods and the Customer shall pay such premium as may be due together with any excess and other sums not paid by the Insurance Company in the event of a claim. The Customer agrees to be bound by the terms of such insurance. Full details of the cover and the terms applicable are available on request.

Where the Company is supplying goods together with the personnel required by the Customer to operate such goods, the Company shall keep the goods and such personnel insured with a reputable Insurance Company against such risks and for such amount as the Company, acting reasonably shall determine. Prior to delivery of the goods and personnel, the Customer shall notify the Company of the use to which the Customer intends to put such goods and personnel and of the nature and location of such use. On receiving such notification, the Company shall promptly advise the Customer if the Company believes that the proposed use is likely not to be covered by the insurance taken out by the Company. In which case the Customer will be obliged to effect such additional insurance as may be required to insure the goods and personnel in connection with the Customers proposed use of same against such risks and for such sums as may be agreed between the Customer and the Company. The Company shall be entitled to request sight of such additional insurance and confirmation that any premium has been paid before delivery of the goods and personnel.

The Customer should also note, that equipment is not insured when left in an unattended vehicle.

7. Licenses and Carnets

It shall be the Customer responsibility to ensure that all necessary licenses, consents, carnets and authorities are obtained and, at the request of the Company, shall produce evidence of the same.

8. Cancellations

Orders once accepted by the Company may only be cancelled or varied at the Company's discretion and shall not in any way prejudice the Company's right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation.

9. Payment

All charges are strictly net and are due and payable upon acceptance or order (save where varied in writing by the Company). Charges run from the date of despatch until return. Goods returned late will be subject to the Company's normal scale of charges. Goods sold to Customer remain the property of the Company until the Customer has paid in full the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment has fallen due. Overdue invoices will be subject to an interest charge at the rate of 2.5% per month.

10. Warranties

Notwithstanding anything in these Terms and Conditions in no circumstances shall the Company be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof;
(1) For any increased costs or expenses,
(2) For any loss of profit, business, contracts, revenues, or anticipated savings, or
(3) For any special indirect or consequential damage of any nature whatsoever except to a limit of the total sum payable by the Customer under this agreement and save for claims in relation to personal injury or death. Customer must obtain suitable insurance cover for these excluded risks.

11. Usage and Safe Storage of Goods

During the period of any hire or of any agreement between the Company and the Customer for the use by the Customer of goods the Customer shall:- (1) Keep the equipment in its custody and control and shall not sell, loan, assign, pledge, encumber or part with possession of or suffer any lien to be created over the equipment or any part thereof, and (2) Ensure that the equipment is used in a skilful and proper manner and only by persons having the appropriate qualifications and experience and who are familiar with the equipment, and (3) Take proper care of the equipment and ensure that it is properly stored and protected from interference and damage from any source whatsoever.

12. Customer Indemnities

The Customer shall at all times keep the Company, its servants or agents indemnified against all claims, demands, losses, damage, proceedings, cost and expenses whatsoever which may be made or brought in relation to or in connection with the equipment or any services supplied to the Customer.

13. Termination

The Company shall have the right to terminate any agreement forthwith by giving notice in writing if the Customer:-
(1) Fails to make payment of any sum due; or
(2) Shall commit any other material breach of its obligation here under and shall not within seven days of notice of such breach remedy the same: or
(3) Shall enter into liquidation whether compulsory or voluntary otherwise than for the purpose of amalgamation or reconstruction without insolvency or shall compound or make any arrangement with its creditors or shall be the subject of any application for an administration order or shall be subject to any proposal under Part 1 of the Insolvency Act 1986 for the appointment of a Receiver or Administrative Receiver or in the case of an individual shall be made bankrupt. Any termination of an agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either parties. The Customer shall forthwith return the equipment to the Company.

14. Specification

All descriptions and specifications are approximate only and are intended only to represent a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, the Company does not warrant that goods supplied will be compatible with goods not supplied by the Company or are suitable to be used in the manner for which they were not supplied by the Company.

15. Force Majeure

The Company 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.

16. Jurisdiction

These conditions and the contract to which these conditions relate shall in all respects be construed and operate in accordance with English Law in England and Wales and Scottish Law in Scotland

17. Definitions

In these conditions:-

1. 'The Company' shall mean Hammerhead TV Limited.
2. 'The Customer' means the hirer or purchaser of goods from the Company.
3. 'The goods' means the equipment described or any individual item thereof including vehicles. The headings in these conditions are for ease of reference only and shall not affect their interpretation.

Hammerhead TV is fully insured for employer's liability and £5,000,000 public liability.

Notes to the hirer

Please read these notes carefully in conjunction with the Hammerhead TV Ltd terms and conditions:

• Confirmation in writing or an official order must be received by Hammerhead TV Ltd before hire takes place. Orders can be faxed, posted or emailed to the numbers and addresses listed for each office. Hammerhead TV Ltd cannot accept responsibility for mistakes or misunderstanding resulting from orders placed by telephone and not followed up with an official order.
• Hammerhead TV Ltd makes every effort to ensure hire equipment reaches its customers in good working order. However, clients are advised to carry out checks and tests on the equipment before they start shooting. Hammerhead TV Ltd cannot be held responsible for any defects or deficiencies (if any) if equipment is not checked by the customer on receipt and Hammerhead TV Ltd is not given adequate opportunity to rectify the problem.
• Hammerhead TV Ltd staff will give advice and recommendations about equipment to clients where appropriate, but this guidance will in no way render Hammerhead TV Ltd liable to the possibility of the equipment being unable to perform the task for which it was ordered and provided.
• Clients are asked to ensure that they, or their operators, are fully qualified to operate any equipment hired from Hammerhead TV Ltd and that all equipment is operated with due care. Hammerhead TV Ltd cannot accept liability for any accidents resulting from the use of equipment, not in accordance with manufacturers recommendation.
• Should an item of equipment fail on-location, Hammerhead TV Ltd should be notified immediately. Should it be feasible to replace the faulty item Hammerhead TV Ltd will despatch a replacement item by the quickest means available. At the discretion of Hammerhead TV Ltd, consideration will be given to a full or part refund of hire charges should equipment prove faulty on return. Full hire charges will apply, however, if no-fault can be found.
• Insurance of equipment is the responsibility of the client whilst on hire and Hammerhead TV Ltd will not cover loss or damage to the equipment. Equipment Insurance can be arranged by Hammerhead TV Ltd (contact the relevant office for details).
• Should a technical failure of equipment supplied by Hammerhead TV Ltd occur, causing the shortening or abandonment of a shoot, Hammerhead TV Ltd will not accept liability for the cost of any re-shoot. Insurance for such an eventuality is the responsibility of the client.
• Unconfirmed or pencil bookings can only be held for 7 days from the date of booking. If Hammerhead TV Ltd has not been notified otherwise, the pencil booking will be cancelled and Hammerhead TV Ltd will accept no responsibility for any inconvenience caused.
• If a booking is cancelled less than 24 hours prior to delivery / collection a charge of 50% of the booking value will be made. Equipment delivered / collected and subsequently cancelled will incur a full hire charge.
• Hammerhead TV Ltd operates a £50 minimum invoice charge.
• Prices quoted in the Rate Book are exclusive of VAT and subject to change without prior notice.
• Hammerhead TV Ltd reserves the right to change prices, equipment and specifications without prior notice.