Terms and Conditions
Cameron Presentations Ltd trading as Cameron or/and All Event Hire.
Terms and Conditions of Business
1.1 In these Terms unless the context otherwise requires:
“CPL” means Cameron / All Event Hire / Cameron Presentations Ltd
“Client” means the party identified as such in any documentation or to whom Equipment is hired or Services supplied;
“Equipment” means all equipment and each item and part thereof supplied by CPL under these Terms:
“Hire” means the supply by CPL of Equipment only without other Services;
“Services” means the services or any of them (including supply of any Equipment in connection therewith) which CPL is to provide pursuant to these Terms;
“Site” means any location (other than CPL’s premises) where the Services are to be provided;
“Terms” means the contract (which shall be subject to and incorporate these terms) between CPL and Client for the Hire or sale of Equipment or provision of the Services, as applicable.
1.2 Headings contained in these Terms are for convenience only and shall not affect
2. Provision of Services or Equipment
2.1 CPL shall provide and Client shall accept the Services or Equipment subject to these Terms, which shall not be varied except in writing signed by CPL and which shall govern the contract between the parties to exclusion of any other terms.
2.2 Any typographical or clerical error or omission in documents issued by CPL may be corrected without liability on part of CPL.
2.3 Client acknowledges that it does not rely on any advice or recommendations made on behalf of CPL concerning the Services or Equipment, their quality, performance, fitness for purpose, functionality or use unless confirmed by CPL in writing.
3. Orders and Specifications
3.1 No order submitted by Client shall be deemed accepted until earlier of issue of order acknowledgement or invoice by CPL or provision of Equipment or Services or any other act of acceptance on part of CPL on terms that Client indemnifies CPL in full against all loss (including loss of profit), costs and expenses incurred as result of cancellation.
3.2 Equipment or Services to be provided by CPL shall be as referred to in CPL’s quotation, order Acknowledgement, or by any other means, and Client shall be responsible for ensuring the accuracy or adequacy thereof. Equipment and Services are subject to change without notice to comply with safety, statutory, or other, requirements.
4.1 Should the client wish to cancel the hire, the company reserves the right to charge as follows;
100% of the total hire cost if cancelled within 3 days of the hire commencement.
50% of the total hire cost if cancelled within 7 days of the hire commencement
25% of the total hire cost if cancelled within 14 days of the hire commencement
5. Risk, Insurance and Property
5.1 Unless otherwise agreed by CPL in writing, the Equipment shall at all times be at the risk of the Client, who shall on request produce to CPL evidence of insurance and, in event of its loss or damage, indemnify CPL against all loss (including loss of earnings and other consequential loss) CPL may incur, any Equipment lost or uneconomic to repair being replaced with new equipment of the same or similar specification.
5.2 Should the contract include the services, in full or in part, of CPL staff, the Equipment shall at all times be at the risk of the Client, as in 5.1: including the safe storage of such equipment in the absence of personnel.
5.3 All Equipment supplied by CPL on Hire or in performance of Services is supplied in accordance with these Terms and subject thereto Client shall acquire no right, title, interest or property in nor exercise any lien over the Equipment.
6. Price and Payment
6.1 Price of Equipment and Services shall be as stated in CPL’s quotation or order Acknowledgement or otherwise, provided that any extra equipment or Services subsequently required shall be chargeable in addition. CPL reserves the right, by notice given at any time, to increase price to reflect any increase in cost due to any factor beyond control of CPL or delay caused by Client.
6.2 Client shall pay price of Hire or Services (and any VAT) without deduction within 30 days of date of invoice (providing the client has a current operational open account with CPL and has not exceeded an agreed credit limit), notwithstanding that Hire or performance of Services has not then been completed. Time for payment of price shall be of the essence and Client shall have no right of set-off, statutory or otherwise.
6.3 If client fails to pay any sum on that due date then, without prejudice or any other right or remedy, CPL may: cancel this contract; suspend provision of Services; remove Equipment from Site; appropriate any payment by Client to such services supplied to Client as CPL thinks fit (notwithstanding appropriation by Client); and/or charge interest (before and after judgment) on amount for the time being unpaid at the rate of 4% per month calculated on a daily basis. Any unpaid debts will be outsourced for collection; all costs and interest involved in this to be borne by Client.
6.4 CPL reserves right at any time to demand full payment or deposit on account or other security before providing Equipment or Services.
7. Client’s Obligations
Client undertakes to CPL in the case of a Hire/service (and return of Equipment to CPL) to take all reasonable care of Equipment to ensure it is adequately covered by insurance as in
7.1, its physical safety and security while in the possession or control of the Client or on Site;
7.2 to ensure all necessary licenses and permissions are obtained relating to any software, acts of broadcasting, projection, recording, transmission or other communication and the use of live or pre-recorded material for such purpose and to indemnify CPL against all loss, damages, costs, and expenses incurred by CPL relating to any claim that the use, broadcast, projection, recording, transmission or other communication of any material infringes any copyright, trade mark or, without limitation, other intellectual property rights of any third party or is undertaken without a valid and effective license or permission from any relevant licensing or other regulatory authority in the territory concerned;
7.3 Copyright subsists in all Software including its documentation whether it is CPL or its suppliers’ proprietary Software or Software supplied by CPL under license.
7.4 Title to the Software remains with CPL, or with the third parties from whom CPL has acquired licence rights. The Client is not granted any right, title, interest, copyright, or other intellectual property in the Software, or in any trademarks service marks, words, symbols, or other trademarks used, adopted or owned by CPL or by any third party either alone or in association with other words or names.
7.5 to notify CPL forthwith of any repair or maintenance required to Equipment and not to permit such repair or maintenance other than by CPL or its agents;
7.6 to award CPL a reasonable opportunity to correct any default before being in breach of its obligations.
7.7 to ensure Equipment is only used in a proper manner without risk to health and safety and not contrary to any law or for any purpose for which Equipment is not designed or reasonably suitable.
7.8 not to modify the Equipment, remove any notices or serial numbers thereon or unless required for normal operation, open any outer case;
7.9 not to sell, sub-let or otherwise dispose of or part with Equipment or any interest therein or do or permit to be done any act or thing which may jeopardise CPL’s rights therein but to keep Equipment in its possession and control free from lien charge or encumbrance so that Equipment shall at all times remain CPL’s property and, upon request, to inform CPL of location of Equipment and permit or procure for CPL or its agents access to inspect or remove Equipment.
7.10 to return Equipment to CPL at the end of Hire period in good working condition (fair wear and tear excepted) and in event of its loss or damage to indemnify CPL in accordance with Clause 5.1 above
7.11 to grant CPL free safe and unhindered access /exit to and to make available such facilities on Site at such times as CPL may reasonably require, to enable CPL to provide the Hire/Services, and to be responsible for any parking fines if applicable due to circumstances out with our control.
7.12 to take all reasonable precautions on Site to protect the health and safety of CPL’s employees, agents and sub-contractors;
7.13 not to permit Equipment to be operated other than by CPL personnel (unless otherwise agreed in writing);
7.14 to observe and to procure that employees and agents of Client observe all rules and regulations for the time being in operation while working in CPL’s premises:
7.15 to notify CPL in writing of any change in Client’s address or other contact details;
7.16 if Client arranges transport, to comply with all laws and regulations governing import of Equipment into country of destination and to pay all duties thereon;
7.17 It is the clients responsibility to ensure that at time of delivery to site, that a duly authorised representative of the client is available to sign a written receipt of the supplied hire/services. If the client fails to provide a representative then they will be deemed to have accepted the hire/services in full and good condition and be precluded from subsequently disputing their condition.
7.18 It is the duty of the client to ensure that a duly authorised representative is available at the end of the hire to sign a written confirmation of goods returned. If the client fails to provide a representative they will not be permitted to challenge the quantity and condition of the hire goods collected by CPL.
7.19 The hire remains the responsibility of the client until uplifted by CPL or returned by the client as agreed. Until the uplift/return is completed, the responsibility for the hire is that of the client as is the insurance of the hire.
7.20 If CPL is due to uplift the hire from site it will do so as soon as practicable, not withstanding clause 7.19
7.21 All hire equipment (furniture) is supplied in a clean state and should the equipment (furniture) be returned in a dirty condition, a cleaning service is provided at a cost of 20% of the hire charge of the percentage of equipment cleaned. However, the equipment can be returned clean.
7.22 It is the responsibility of the client to ensure the correct provision of electricity on site as required.
7.23 All packaging materials must be returned in good condition, or these will be charged at cost.
8. CPL’s Obligations and Liability
8.1 The following provisions set out CPL’s entire liability (including liability for acts or omissions of its employees, agents and sub-contractors) to Client in respect of (i) any breach of contractual obligations under these Terms and (ii) any representations, statement or tortuous act or omission including negligence.
8.2 CPL shall use its reasonable endeavours to provide Equipment or Services in all material respects in accordance with these Terms (but subject thereto in such manner as it thinks fit) exercising all reasonable care and skill.
8.3 CPL shall have no liability unless Client gives CPL reasonable details in writing of its claim forthwith but in any event within 3 days of the occurrence of the matter giving rise to the claim and then, subject to the remaining provisions of this Clause 8, CPL’s liability shall be limited to the price of the Hire, Services or Equipment sold, as applicable, except that in the case of death or personal injury caused be CPL’s negligence, CPL’s liability shall be up to a maximum sum of £5M.
8.4 CPL shall not be liable to Client (i) for loss of profit, additional costs of working or consequential loss or damage (whether reasonable, foreseeable or not) arising in connection with the Equipment or Services; (ii) by reason of delay or failure in performing any of CPL’s obligations due to any cause beyond CPL’s reasonable control including, without limitation, industrial actions or trade disputes.
8.5 All implied warranties, conditions or other terms are excluded to fullest extent permitted by law. Unless otherwise agreed by CPL in writing, all Equipment sold by CPL is sold “as is” and no warranty is given to its performance, functionality, fitness for purpose of that it is of satisfactory quality.
8.6 If Client discloses confidential information to CPL and clearly identifies such information in writing as “confidential,” CPL shall use reasonable care to ensure that such information is disclosed only to CPL employees requiring access to such information to render the services or manufacture product requested by Client. Nothing herein shall limit CPL’s right to use or disclose information that (i) becomes available to the public without fault of CPL; (ii) is lawfully acquired by CPL from a third party; (iii) is in the possession of CPL at the time of disclosure by Client; or (iv) is developed by or on behalf of CPL by persons who have not received Client’s confidential information.
8.7 The company reserves the right to make substitutes without prior warning for items that may be unavailable.
8.8 CPL will not be responsible for third party subcontractors, their products or services, and will not be held liable for any deficiency of same.
8.9 All dimensions (Millimetres) and weights quoted are approximate.
9.1 If Client makes any voluntary arrangement with its creditors or has a petition for an administration order presented against it; or (being an individual or firm) becomes bankrupt; or (being a company) goes into liquidation; or if an encumbrancer takes possession or a receiver is appointed of any property or assets of Client, or Client ceases or threatens to cease to carry on business; or CPL reasonably apprehends that any of the aforesaid is about to occur or Client is in breach of these Terms, then (without prejudice to any other right or remedy) CPL may without liability to Client by notice, cancel or suspend provision of Services, repossess Equipment and, if any Services of Equipment have been provided but are unpaid, the price shall become immediately due and payable notwithstanding any contrary agreement.
9.2 Upon termination and notwithstanding later acceptance of monies by CPL, Client shall no longer be in possession of Equipment with CPL’s consent and, without affecting other rights and remedies of CPL, Client shall (i) at its expense forthwith return Equipment to CPL and in default CPL may without notice repossess Equipment and for this purpose freely enter any premises where Equipment is believed located; and (ii) become immediately liable to pay CPL all costs and expenses of CPL in locating, repossessing and restoring the Equipment, collecting any sums due or obtaining proper performance of Client’s obligations under these Terms.
10. Force Majeure
CPL will not be responsible for failure to fulfil its obligations under any Purchase Agreement if such failures caused by circumstances beyond reasonable control of CPL or its suppliers or contractors, including but not limited to acts of God, unavailability of materials, equipment failures, strikes or other labour disturbances.
11.1 If Client is more than one person, their obligations shall be joint and several.
11.2 Any notice shall be in writing and sent to the principal place of business of the party concerned or such other address as notified for the purpose.
11.3 If any provision hereof is invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall be unaffected.
11.4 No waiver of any breach of these Terms shall be a waiver of any subsequent breach of the same or any other provision.
11.5 These terms shall be governed by Scottish law. Claims against CPL shall be brought exclusively in the Scottish Courts. Claims against Client may be brought in courts of Scotland or of any territory where Client may at any time be resident, carry on business or have assets.