Mad Dogs Television Ltd – Terms & Conditions of Hire
In order to make a hire go smoothly for our customers and ourselves we have the following terms and conditions that all customers; corporate and personal must agree to. These terms are subject to change without notice, the most up to date copy will always be found on this page.
All customers undertaking a hire must agree to the following, and by signing a delivery note or account application, or acceptance/receipt of our equipment and services acknowledge acceptance of these terms.
The “Customer” and “Hirer” referrers to the party wishing to hire broadcast equipment and/or professional services of camera, sound, technical staff. The “Company” and “we” refer to Mad Dogs Television Ltd, suppliers of broadcast equipment and professional service. “Equipment” refers to any and all technical equipment owned by the company and made available for rental to the customer. “Pencils” refer to booking requests made provisionally so that first refusal may be given in the event of double bookings. “Confirmed” refers to a booking that has been given the go ahead and is no longer a pencil. This may be done via written or verbal communication and means that we will at that point allocate specific equipment to you.
The customer is responsible for any loss and damage to the equipment from the time of collection by (or delivery to) the customer until it is returned to (or collected by) Mad Dogs Television Ltd, and should take all due care to prevent such loss and damage.
- Loss or Damage:
In the event of loss or damage of the equipment, the hirer shall be responsible for the hire charges until settlement has been effected, up to a maximum of 13 weeks. The customer shall insure the equipment for the full replacement value, and for the loss of hire/continuing hire to other customers until the equipment is replace up to a maximum of 13 weeks, unless and alternate arrangement is agreed in writing between the customer and Mad Dogs Television in advance of the hire. The Hirer shall be liable for any loss or damage to the Equipment caused by an act or omission of the Hirer, its Personnel or any guests or other third parties given access to the Equipment by the Hirer.Any damage to the Equipment found on delivery must be noted by the Hirer or its authorised representative on the delivery note. If the Hirer does not notify the Company accordingly, the Hirer shall not be entitled to reject the Equipment and the Company shall have no liability for any defect or failure and the Hirer shall be bound to pay the full Hire Payment as if the Equipment had been delivered in accordance with the hire agreement.
- Advice or Recommendation:
Whilst the Company shall make every effort to assist the Customer with technical advice and experience and may offer generalised advice the Company shall not offer any guarantee that the Hirer will achieve their intended result by the use of hired Equipment and/or other facilities suggested or provided. Any advice or recommendation given by the Company or its employees to the Hirer or its employees as to the storage, application and use of the Equipment if followed is acted on entirely at the Hirer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation.
Mad Dogs Television will require proof of this insurance before equipment can be hired to a customer. If the customer is unwilling/unable to effect said insurance this must be notified to Mad Dogs Television prior to the commencement of the hire so that alternative adequate insurance can be put in place by Mad Dogs Television, as a cost to the client of a separate premium. It is the client’s responsibility to notify Mad Dogs Television that such insurance is required, and this cover does not affect the client’s duties under the conditions and terms listed here. This cover, if effected by Mad Dogs Television is subject to an excess on each claim arising a minimum of £250 at the clients expense.
- Proportionate Values and Liability:
Mad Dogs Television point out that, as its charges are not proportionate to the value of the equipment or the total sums of money involved in the work of which it’s customers are engaged, Mad Dogs Television will not be held liable for any loss or damage of any kind, whether consequential or caused by negligence resulting from any delay, detention, late delivery, non delivery or deficiencies in the equipment or services provided. In any instance Mad Dogs Television shall not be liable to the customer for any indirect or consequential losss, anticipated savings, loss of data, goodwill or business opportunity. Mad Dogs Television shall not be liable for any faults in relation to the Production Material or otherwise for re-creating any Production Material or any costs associated with recreating it.
- Proper Use:
The customer shall take good care of the equipment, and ensure that it is used in a professional manner by persons having the necessary experience in operating the equipment. Customers must not try to repair, adjust, or otherwise interfere with the equipment, except in so far as is necessary for its proper use. Any damage as a result of misuse, mistreatment or other technical negligence will be repaired by Mad Dogs Television and the costs for the repairs shall be charged to the client.
- Cleaning & Damage Charges:
Equipment shall be returned in a clean state. A cleaning charge shall be made for equipment returned in an excessively dirty state. Equipment returned in a damaged state will be repaired by Mad Dogs Television and the costs for the repairs shall be charged to the client.
- Hire Definitions:
One day’s hire period is defined as midnight to midnight: a week is and period of 7 consecutive days. Collection and delivery of equipment, prior to the commencement and after the completion of the hire period is normally possible without incurring any extra hire charge but is subject to arrangement and availability of equipment entirely at the discretion of Maddogs Television. A “4 for 7” discount may be applicable on any period of hire of 7 consecutive days (eg: Monday to Monday) will incur a charge based on 4 days usage, not the full 7 days. Changes to hire length may be made but will effect the final charge and may result in loss of any discounts previously agreed.
- Longer Hires:
The customers must inform Mad Dogs Television at the earliest opportunity of any intention to retain the equipment for a longer period than was originally booked, and should in the event of the equipment not being available for the extra period return it on the original date of other date as agreed with Mad Dogs Television.
- Penciled Bookings:
Provisional bookings (“pencils”) are only accepted on the understanding that they do not guarantee availability of the equipment. All quotations given by Mad Dogs Television are made without obligation.
Mad Dogs Television reserves the right to impose a cancellation charge on any confirmed and subsequently canceled or postponed booking. This charge will be proportional to the hire charge and may be the equivalent of 25-75% of of the quoted hire charge and/or the costs incurred by us to fulfill the original booking. This includes but is not limited to equipment purchase, cross hire, manufacture or servicing. Mad Dogs Television reserves the right to cancel a hire at any time up to 24 hours in advance of the hire.
The Hirer shall at all times indemnify Mad Dogs Television, its employees, servants and agents against all actions, costs, claims, proceedings or liabilities arising from or in connection with equipment, materials, crew or any other services provided to the Hirer by Mad Dogs Television. If a claim is made against the Hirer that the equipment infringes or that their use infringes the patent, copyright, design, trademark or other industrial or intellectual property rights of any other person, the Hirer shall indemnify Mad Dogs Television against all loss, damages, costs and expenses awarded against or incurred by Mad Dogs Television in connection with the claim or paid or agreed to be paid by Mad Dogs Television in settlement of the claim.
- Non delivery:
In the event that equipment is found to be damaged or faulty prior to a hire alternative will be provided. The customer has the right to cancel the hire at this point without extra charge but Mad Dogs Television should not be held liable for any loss or damage of any kind, whether consequential or caused by negligence resulting from non delivery or deficiencies in the equipment or services provided.
Any identification, marking, barcode or label must not be removed from any equipment.
Payment shall be made by the customer within 14 days of the date of invoice. Failure to settle debt after this time may incur extra charges, including but not limited to, interest added to the debt owed and additional charges imposed by 3rd party debt recovery agencies employed on Mad Dogs Televisions behalf.
- Equipment Settings/Setup:
All of our cameras are reset to a standardised preset after each. It is the hirers responsibility to ensure the camera settings, bitrate, format, metadata are suitable for your intended shooting preferences. Whilst we can give guidance on how to do this, and recommended settings, it is up to the hirer to ensure these are changed/set as required prior to filming. Any issues arising as a result of incorrect setup of the camera are the fault of the hirer and not Mad Dogs Television.
- Cards and Storage Media:
All equipment provided by Mad Dogs Television where required will include relevant recording media as part of the hire, for example “XQD” cards for use with Sony FS cameras, “Compact Flash” for Canon C300s etc. This storage media is bound by the same terms as the rest of the hire and must be returned along with all other equipment at the end of the hire. Customers are not permitted to retrain and equipment, specifically including cards and media after a hire without prior written permission from Mad Dogs Television. Any incomplete equipment returns may be liable for extension hire charges and/or replacement charges.
- Fraud Prevention:
Maddogs Television Limited is committed to fighting fraud within the equipment hire industry and shares information, (including CCTV images and copies of documents provided) about suspicious persons and behavior with other equipment hire companies via the X-hire Anti-Fraud Network: http://www.xhire.org.uk/ By making an enquiry or booking equipment with us, you consent to this. We reserve the right to withdraw the offer to hire equipment if we are not satisfied with the veracity of information provided.
If any provision of this agreement is held by the Court or any other competent authority to be unenforceable in whole or in part, the validity of the other provisions of this agreement the remainder of the affected provision(s) shall be unaffected and shall remain in full force and effect. We shall have no liability to you for any delay and/or non-performance due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, liable disputes, strikes, lock-outs, riots, civil commission, malicious damage, explosion, governmental actions and any other similar events.A person who is not a party to this Contract shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999. You may not assign, transfer, charge or deal in any other manner with this agreement or of any rights or obligations under it.These terms and conditions shall be governed and interpreted according to the Laws of England.