Please read these terms and conditions carefully. They form the basis of our rental agreement with you, our customer, and if you have any questions it is very important you ask us before confirming your booking.
In these terms and conditions, FOMO Rentals means FOMO Studios Ltd (hereto referred to as ‘the Company’) whose principal place of business is 3a Plantain Place, London, SE11YN. The ‘Hirer’ or ‘Customer’ shall mean any person, persons or body corporate entering into a rental agreement with FOMO Rentals for the hire of goods and equipment.
The terms and conditions set out below shall be the basis of all contracts of hire with FOMO Rentals which shall be concluded by a Rental Agreement form by any person, persons or body corporate and the handing over of goods by FOMO Rentals on the basis of such Rental Agreement.
No variation of these Conditions of Hire and the terms shown hereon and no Conditions in any order, acceptance or other Document issued by the Hirer shall form part of the Contract unless the Company has specifically agreed in writing. No conditions or warranties other than those herein specifically set out shall be implied or deemed to be incorporated in or to form part of the Contract.
Each hire shall form a distinct contract which shall be separate to any other contract relating to the other hire goods.
The hirer shall at all times fully indemnify the Company, its employees, servants and agents against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/ or liabilities arising from or in connection with equipment, materials or any other services supplied to the hirer by the Company.
The Agreement and these Conditions shall be construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English Court.
(i) All and any quotations made by the Company are without obligation.
(ii) The Company reserves the right to refuse any order without giving any reason for that refusal.
(iii) Orders may be placed verbally or in writing and thereupon such orders become binding provided that all cancellations will only be effective if given in writing by the customer and subject to these terms and conditions
(iv) The Company reserves the right to subcontract all or any part of the Customer’s order and to assign or otherwise deal in anyway whatsoever with the Company’s interest in the Equipment and in the Agreement
(i) The hire charge period is calculated in calendar days. Equipment may be made available to the hirer after 4pm the day before the hire charge period commences and must be returned by 10:30am the day after the hire charge period.
(ii) All liabilities and responsibilities for the equipment by the hirer as set out in these terms and conditions commence from whichever is earlier of the time the equipment is made available to the Customer or leaves the Company’s premises and is terminated at the end of the agreed hire period or when the equipment is returned there whichever is the later.
(iii) It is the responsibility of the Customer to obtain such receipt for the return of equipment from the Company, which will represent sole evidence of the return of equipment to the Company but without prejudice to any outstanding obligations of the Hirer which under the provisions of these conditions continue notwithstanding the return of the equipment to the Company.
(iv) The hire period will be deemed to continue until such times as any damaged equipment is repaired (Loss of Hire Fees)
(i) It is the Hirer’s responsibility to collect the hire equipment from the Company. In such instances, the hirer is responsible for all acts or omissions of its agents, employees, sub-contracts or any other person who acts on the hirer’s behalf under this agreement.
(ii) The Customer agrees to provide sufficient access to and from any relevant site and provide sufficient – and safe – unloading space, facilities, equipment and access to the power supplies for the Company, its subcontractors and/ or agents to allow them to carry out deliveries or collections or other agreed services.
(i) All equipment is tested before dispatch and on return. In the event that the hired equipment is faulty, the Company shall not be liable for any consequential losses or damages whether financial or otherwise arising there from. It is the responsibility of the hirer to satisfy themselves on taking possession of all equipment that it is in good working order and in undamaged condition.
(ii) Any issues relating to any defects, deficiencies or the working of the equipment must be referred to the Company and (if the rental is to proceed) an appropriate specific note has been made on the rental agreement to be countersigned by the Company or its authorised representatives.
(iii) The equipment on hire shall remain at all times the absolute property of the Company and the customer shall have no right, title or interest therein save of a hirer thereof under these conditions.
(iv) The hirer shall not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the equipment or any part or parts thereof without the written consent of the Company.
(v) The Hirer shall not take or permit to be taken the hired equipment out of the United Kingdom nor use or permit it to be used for any abnormal or hazardous assignments nor take it from the ground other than on a regular scheduled flight by an airline recognised by the IATA without the prior written consent of the Company, who may at their sole discretion vary the terms of the rental.
(vi) Without prejudice to other responsibilities under these terms and conditions, the hirer agrees at all times to use every means at his disposal to assist the Company to resume possession of the hired equipment whether during the hire period (if the Hirer has lost or relinquished possession of the equipment) or at the end of the hire if it is not then returned to the Company,
(vii) The hirer agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably be believed to be kept for the purpose of its recovery at the termination of the hire period, and where such equipment is on premises not occupied or under the control of the hirer, the hirer undertakes to secure for the Company permission to enter for such purposes and the hirer shall compensate the Company for any costs incurred in repossessing the hired equipment.
(viii) Where the Customer has his own insurance, he shall ensure that the Company’s interest is noted by insurers and shall notify the Company accordingly and give such details of the policy or policies as the Company may require. The customer’s policy shall be in terms no less favourable than those provided by the Company (full details of which will be supplied on request) and in any event shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to:
– The full replacement value of the equipment
(i) The hirer must keep hired equipment in their custody and must ensure that it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment.
(ii) At all times the Hirer shall undertake to use and maintain the equipment strictly in accordance with the manufacturer’s instructions and to comply with all safety instructions and regulations relating thereto.
(iii) Customers must protect hired equipment from the elements and take all reasonable precautions for its safety.
(iv) Under no circumstances may Customers alter, add to, modify, adapt or misuse equipment hired to them by the Company or affix to install thereon or insert therein any accessory equipment, software or device incompatible with its proper use.
(i) Throughout the hire period it shall be the absolute responsibility of the hirer to ensure the safe keeping of the equipment. The hirer shall be liable to the Company for all loss of or damage to the equipment howsoever caused whilst in the hirer’s possession.
(ii) All damage or loss will be notified to the Company immediately (as soon as possible) following which the goods must be returned to the Company for repair or replacement. If – on inspection by the Company – no fault is found with the returned items, the hirer will be liable for any additional costs incurred in supplying any replacement items.
(iii) The hirer shall not carry out or attempt to carry out any repairs to damaged equipment without the prior written authority of the Company, and shall otherwise make no attempt to examine diagnose repair or remove the outer casing (if any) of the equipment hired.
(iv) The hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair with reference to the new equipment of the same or nearest available specification.
(i) The Company will help customers with general advice and service. However the Company does not warrant that the equipment is suitable for the particular or any purpose for which it is or may be required, or that the customer will achieve his intended result by the use of the hired equipment.
(ii) The Company shall not be liable under any circumstances whatsoever for losses incurred by the hirer or any third party due to any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to hired. The Company will however make every reasonable effort to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.
(iii) If the Company for any reason is unable to provide any equipment which is the subject of an agreement between the Company and the Hirer then the Company shall not be liable for any loss or consequential loss suffered by the Hirer as a result thereof.
(iv) The hirer will indemnify the Company, its employees, servants agents and licensees at all times fully against any and all liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.
(v) In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter the Company shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will fully indemnify the Company in respect of any such claims by a third party.
(i) The customer shall pay Value Added Tax at the rate current on and in addition to all charges due to be paid by the hirer to the Company under the terms of the Rental Agreement.
(ii) For any bookings cancelled or curtailed by the hirer within 24 hours of the date when the hire period was due to start, the hirer shall be liable to pay the Company a cancellation fee not exceeding the full rental charge under the agreement.
(iii) If the Hire period has a fixed duration neither party will be entitled to terminate the contract before the expiry of that fixed period unless otherwise agreed in writing, or the Company deems the hirer to have breached these terms and conditions.
(iv) If the Hire Period does not have a fixed duration either party is entitled to terminate the Contract upon giving to the other party any agreed period of notice. If no period has been agreed or specified you may terminate the Hire Period by the physical return of the hired equipment to us. The Company shall be entitled to terminate the hire of the hire equipment by giving not less than 14 days’ notice to you.
(v) Equipment returned late will be charged at the single agreed daily rate for each 24 hours or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking. If necessary, the Company shall utilise stored card details of the Hirer in order to receive late fees.
(i) Payment for the hire goods ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Such facility shall be agreed by the Company in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of 30 (thirty) days.
(ii) Without prejudice to any other rights, the Company reserves the right to add to any overdue balance at the due date an additional administration charge of £30 plus Vat per month. The company shall also be entitled to collect interest from the due date of payment at the rate of 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis.
(iii) The amount of the deposit (if any) shall be returned to the Customer without interest when the equipment has been returned to the Company and all charges and other monies due to the Company under the terms of the rental agreement have been paid
(iv) In the case of default by the customer in paying any sums due, the Company reserves the right to either withhold any equipment or facilities which are the subject of any contract with the customer and / or cancel any subsequent contract with the customer, without prior notice.
(v) The Company reserves the right to determine the contract without notice in the event of the bankruptcy insolvency or liquidation of the customer (as the case may be) at any time during the contract.
(vi) The company reserves the right to make a charge in respect of any costs or expenses – including all legal costs – incurred by the Company on account of the customer for any contracts which are subsequently cancelled, or for the settlement of overdue balances or in securing the return of the hire goods.
FOMO Studios Ltd T/A FOMO Rentals is committed to fighting fraud within the equipment hire industry and may share information, including CCTV images, names, email address, phone number and copies of documentation, relating to suspicious behaviour with other equipment hire companies via the X-hire Anti-Fraud Network (http://www.xhire.org.uk/), of which we are a member. 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.