All Editec equipment is thoroughly checked before shipment to the Hirer to be undamaged and in good working order. It is the responsibility of the Hirer to check that the equipment is received in good working order and that no damage or loss occurred during shipment.
Editec will hold the Hirer responsible for any defects or damage or loss to the equipment not advised verbally within 8 hours of the receipt of the Equipment. All such damage or loss advice must be subsequently documented in writing and submitted to Editec within 72 hours of notification. Failure to advise Editec in this way may render the Hirer liable to the cost of repair / replacement of the damaged or lost Equipment.
The Equipment on hire remains the absolute property of Editec and the Hirer shall not assign, transfer or otherwise part possession with the Equipment unless expressly authorised in writing by Editec.
2) Loss of / Damage to Equipment
During the hire term the Hirer shall be responsible for the safe keeping of the equipment and shall be liable to Editec for all loss of or damage to the equipment howsoever caused.
The Hirer shall notify Editec verbally, and subsequently in writing of any loss of or damage to the Equipment on hire within 8 hours and 72 hours respectively of such loss or damage being sustained.
The Hirer shall not carry out or attempt to carry out any repairs to any damaged or non functioning Equipment unless Editec has expressly authorised Hirer to do so.
The Hirer shall pay to Editec the full cost of replacing any lost equipment or any equipment which in the opinion of Editec is uneconomic to repair, with new equipment of the same or similar specification to the equipment so lost or damaged. In addition to the cost of replacement of the lost or damaged equipment, Hirer shall also reimburse Editec for lost revenue during the replacement period. Such reimbursement shall be calculated by multiplying the number of days taken to replace the equipment by the Editec standard day rate of hire for such equipment.
3) Hire Term
The minimum period of hire is one day. The actual period of hire shall have been agreed between the Hirer and Editec prior to delivery of the Equipment. The actual duration of hire (in days) and the number of days charged may vary but notwithstanding such variation, Editec will charge the Hirer the number of days at its standard day rate of hire or the fixed rate that was agreed between Editec and the Hirer when the booking was made. If the Hirer returns the Equipment to Editec after the date that was agreed for its return, Editec is entitled to charge the Hirer for the additional days or parts thereof at its standard day rate for hire of the equipment.
4) Equipment Reservation and Booking
Editec will reserve equipment for hire (often referred to as “Pencil Booking”) for the days specified by the Hirer verbally and will hold such reservation for a period of 5 working days pending the receipt of a Purchase Order confirmation or other buying directive in writing from the Hirer. If such written confirmation (or other acceptable purchasing directive) is not received within 5 days, Editec may cancel the reservation and may offer the equipment for hire to other Hirers. During the 5 day reservation period however Editec will hold the equipment in reserve from hire elsewhere at no cost to the Hirer.
Notwithstanding the above requirement for written purchasing directives, Editec may occasionally accept VERBAL purchasing directives upon verbal submission of a Purchase Order reference or the name of an authorised buyer in the Hirer’s company. Such verbal directives shall have the same standing as written purchase directives with regards to the cancellation conditions below.
Should any purchase order (written or verbal) be cancelled by the Hirer within 5 working days of the date the period of hire was to commence the Hirer shall be liable to pay to Editec a cancellation charge equal to 10% of the agreed hiring charge.
Should any purchase order (written or verbal) be cancelled by the Hirer within 48 hours of the date the period of hire was to commence the Hirer shall be liable to pay to Editec a cancellation charge equal to 33% of the agreed hiring charge.
Should any purchase order (written or verbal) be cancelled by the Hirer within 24 hours of the date the period of hire was to commence the Hirer shall be liable to pay to Editec a cancellation charge equal to the agreed hiring charge on the order.
6) Operators and other Technical Staff.
Equipment is hired either “Dry” (equipment only) or in association with a contracted Operator. Occasionally operator only bookings are also accepted. When the period of hire includes an operator or other service personnel the conditions of booking and of cancellation above shall apply equally to the costs of both equipment and operational personnel.
It is the Hirer’s responsibility to arrange insurance cover for the equipment (for its full replacement value) covering the period of hire. If such insurance cover is not in effect Editec shall be entitled (but not obliged) to arrange immediate insurance cover of the equipment (for all damage or loss consequential or otherwise including Public Liability claims made by third parties arising from use or misuse of the equipment for not less than £1,000,000) and to invoice the cost of such cover to the hirer in addition to the costs of hire already agreed.
8) Delivery & Collection
Unless otherwise agreed between the Hirer and Editec, Hirer shall be responsible for the cost of delivery and collection of the equipment. Editec will always deliver / collect the equipment via its least cost route. Hirer is at liberty to arrange its own transport for collection and delivery of hired equipment.
9) Payment Terms
Pre payment will be required for any hire agreements undertaken by the Hirer if a credit account facility has not been established or agreed between Editec and the Hirer. Payment of any monies due to Editec in respect of any hire agreement under credit terms shall be made to Editec within 30 days of the date on the Invoice issued by Editec to the Hirer in respect of such hire.
All overdue invoices will be subject to interest and an administration charge as defined in the Late Payment of Commercial Debts (Interest) Act 1998 at the discretion of Editec Broadcast Editing Services Limited.