Terms & Conditions
“The Company” shall mean Popcorn Media.
“The Client” shall mean the person or persons hiring equipment and services from the Company.
“The Equipment” shall mean items hired out by the Company.
“Intellectual Property” refers to all media, imagery and origination supplied by the Company.
All quotations and the acceptance by the Company of any order is on the understanding that the Client understands and accepts these terms and conditions, which shall form the basis of the contract between the Company and the Client, unless expressly varied in writing by a representative of the Company.
The Company's quotations are based on the information supplied by the Client. Quotation will be valid for 14 days and are based on prices at that time. All details must, to the best of the Clients knowledge, be true and accurate in order to obtain an accurate quotation.
The Company reserves the right to amend the invoice at a later date, should the details of the instruction from the Client alter from the original specification or to amend any accidental errors and/or omissions. The Company also reserves the right to re- negotiate charges in the event of an increase in external costs affecting the quotation.
A contract will be undertaken only after an Order Confirmation document has been issued by the Company. The Company will not proceed with any part of the order without the Client acknowledging receipt of the Order Confirmation document, either by direct acknowledgment ( via email, post or verbally) or inference ( by continuing with the order details - IE arranging delivery or collection etc.) The individual making this acknowledgment should be authorised to enter into the contract on behalf of the Client and will be held personally responsible for any losses and costs incurred by the Company if this is not the case.
The Client will at all times fully indemnify the Company against any expenses, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return or non-return of the equipment and content.
The Company reserves the right to use images and press statements of productions for marketing purposes, without the prior consent of the Client, unless a Client created restriction order has been signed by a representative of the Company.
Hire of Equipment and Services
The Company retains all Intellectual Property Rights, without exception, to any media, images and origination, and is supplied to the Client on a rental basis only. The Order Confirmation will clearly state the period for which the Customer is licensed to use said images, media and origination. Any unauthorised usage, copying or sub-letting of material is expressly prohibited. All images remain the property of the originator and are bound by copyright law.
All Equipment remains the property of the Company and is supplied to the Client solely on a rental basis.
An inventory listing hire equipment will be issued by the Company. An authorised representative of the Client will be required to check and sign the inventory to confirm receipt of hire equipment.
The risk in the Equipment shall pass to the Client immediately on delivery to the Customer at the address shown for delivery on the contract or, if the Client collects, on collection.
A refundable deposit, payable 14 days prior to the start of the contracted period, may be charged against any loss or damage to equipment. The Company reserves the right to make deductions from this deposit in lieu of costs incurred.
The Client shall take all reasonable and proper care of the Equipment, keep it in good condition, not subject it to any misuse, and indemnify the Company against any loss or damage to the Equipment.
The Client shall not sell, sub-let, dispose of or otherwise part with control of the Equipment and content.
The Client shall preserve any identification numbers, marks or nameplates that is or should be on the Equipment.
The Client shall arrange and maintain, at its expense, adequate insurance for the Equipment, to a value high enough for new replacements at current RRP prices in the event of a claim being made by the Company. Such insurance shall cover all loss and damage to the Equipment, and also all risks to third parties, and public liability, in connection therewith. The Company may request proof of insurance cover prior to commencement of the job, however, it is the responsibility of the Client to ensure adequate insurance is in place.
The Client shall ensure that all vehicles and drivers are adequately insured for business use and for transportation of the Equipment. The Company may request proof of the insurance prior to commencement of the job.
The Client shall ensure that all persons using the Equipment have received full and appropriate instruction in its safe and proper operation and will not allow any misuse or adaptation of the Equipment.
The period of hire commences and terminates at the times specified for each contract. The Client must return the equipment to the Company address, on the date specified, de-rigged, appropriately packed and in a clean and serviceable condition. All cables must be coiled and taped. Failure to do so will result in an additional charges.
Additional charges will be accrued and compensation sought for consequential loss due to breach of terms and conditions.
All electrical Equipment shall be used with the plugs and/or sockets, as fitted. The Client shall ensure that at all times, a proper and suitable supply of electricity is available for use with the Equipment and that the Equipment shall be properly earthed.
Any fault or breakdown of the Equipment should be reported to the Company immediately. Under no circumstances should the Client attempt to repair the Equipment without the prior written consent of the Company. Nor should the Customer attempt to make any alterations, modifications or technical adjustments to said Equipment or content.
The Company should be notified immediately in the event of an accident resulting in damage to Equipment, other property or injury to a person or persons.
Equipment must not be removed from the site or sites originally specified by the Client without the prior written consent of the Company.
The Client agrees to pay the Company the full retail cost, without deduction for wear and tear, age or usage, of any equipment which is lost, stolen or damaged beyond economic repair.
The Company reserves the right to remove equipment from site, with immediate effect, if:
a)The Client is in breach of these terms and conditions.
b)The Client fails to make payment on the date due.
c)any act or proceeding is commenced in which the solvency of the Customer is, in the reasonable view of the Company, in doubt.
The Company’s right to recover any monies due shall not be affected.
The Client hereby authorizes the Company to enter any property in which the Company reasonably believes any Equipment to be held, in order to service, repair, replace, recover or remove said Equipment.
The Company reserves the right to charge the Client a non-refundable deposit of 25% of total equipment hire costs payable at the time of placing the order with the Company. A further 25% may be requested one calendar month prior to the hire date, with the remainder becoming payable at the commencement of hire.
Image and origination charges shall be passed on the the Client as they are accrued.
All charges are payable within 14 days of the date shown on the invoice. Late payment will result in additional charges, at the discretion of the Company. Any legal or other charges incurred in the recovery of monies due shall be paid by the Client.
The Client hereby authorizes the Company, notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract, to deduct any sums properly due to the Company arising under a breach of the terms from any credit card, debit card, or charge account details which are in the possession of the Company.
Any missing accessories and/or packing/boxes not returned within 7 days of the end date of the contract will be charged for.
Only original items supplied by the Company will be accepted for return - alternatives sourced by the Client will not be accepted.
If the Company are unable to replace missing accessories or any part missing from any equipment, such that equipment can no longer be utilized, the Client will be charged for the complete replacement cost of the Equipment.
The Client must notify the Company in writing of any cancellation or reduction in services. In this event, the Company shall be entitled to levy a charge to cover costs incurred at the following rates:-
a)More than 60 days prior to hire period - 25% of total hire charge
b)60 days or less prior to hire period - 50% of total hire charge
c)30 days or less prior to hire period - 100% of total hire charge
In addition, charges that have been incurred for images, media and origination will also be charged.
Nothing in these terms and conditions shall make the Company liable for any consequential loss to the Client, including any expense, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability, incompatibility or unlawful repossession of the Equipment or any part thereof or any breakage or stoppage of the same.
These conditions have effect in substitution for and to the exclusion of any condition put forward by the Client.
The playing or showing of copyright material in circumstances where the Client or anyone authorized by the Client does not hold the appropriate license of the copyright holder, he will infringe copyright and may become liable for damages in doing so. Accepting delivery of sound and visual reproduction equipment warrants that the Client has the appropriate license for the said performance playing or showing, prior to using the equipment for the said purpose.
The Company reserves the right to amend these terms and conditions without notice.