1. Insurance:
The hirer and the carrier shall at that time be responsible and liable for all damage and loss of equipment for whatsoever reason.
Equipment: Maintenance, Errors and Defects.
On Screen Production Rentals will supply and hire out equipment in good working order.
The hirer hereby agrees that he/she shall carry out, as far as is reasonably and practically possible prior to using the equipment, checks and tests in respect of the equipment so as to satisfy themselves as to the fitness of the equipment for its purpose before leaving the premises. In the event that any of the equipment is unfit for the hirer’s purpose, On Screen Production Rentals should immediately be informed. Failure to do so on the part of the hirer will constitute an acknowledgement that the equipment is in a good working order and condition.
In the event of a malfunction or breakdown of equipment resulting from:
Damage caused to equipment from date of hire; the hirer shall be responsible for the cost of the repair and costs shall be borne by the hirer.
At the end of the contract, the hirer shall return the equipment to On Screen Production Rentals in the same condition, fair wear and tear accepted, as it was at the commencement of the contract.
The following does not constitute fair wear and tear:
(i) Any items missing from the equipment including accessories.
(ii) Tears, rips, cuts, burns and stains which cannot be removed by normal cleaning of equipment.
(iii) Scratches, chips or damage to glass, plastic or lenses.
(iv) Damage to equipment such as dents and scratches.
On Screen Production Rentals will then have two working days to inspect the equipment and notify the hirer of any missing items or work required to repair/restore the equipment and the cost thereof, which will be charged to the hirer.
Payment:
All accounts are strictly COD. The exception is for approved account holders who pay on 30 days from date of Invoice.
All discounts quoted will ONLY apply on COD settlements for COD clients and payments made in full within 30 days from invoice for account holders. Should any account not be settled accordingly, a new invoice excluding the discount will be issued and the invoice reflecting discount will be credited.
The hirer, by accepting credit agrees to pay On Screen Production Rentals interest of 2% per month on ALL late payments. Interest will be charged on any amount due after 15 or 30 days. On Screen Production Rentals will hold the hirer liable for all costs including reissue of invoice after 15/30 days from date of original invoice.
Unless a query on an invoice is made within 7 days of date of invoice the hirer is liable for the amount quoted on invoice.
Overtime will be charged at full rates - not quoted rates.
The hirer will not be entitled to withhold payment of any amount payable to On Screen Production Rentals to satisfy any claim of the hirer arising from this or any other agreement between the hirer and On Screen Production Rentals, nor will the hirer be entitled to set off such an amount against the amount payable to On Screen Production Rentals in terms of this or any other agreement.
Indemnity:
The Hirer hereby indemnifies On Screen Production Rentals against any liability arising out of any actions, omissions, proceedings and claims made by or on behalf of the Hirer or any third party against On Screen Production Rentals, its agents, employees, directors and all claims, damages, losses or expenses (including legal costs on an attorney-client-scale) suffered or sustained by On Screen Production Rentals in connection therewith.
In all other respects, On Screen Production Rentals makes no warranties whatsoever in relation to the equipment supplied to the Hirer in terms of this Agreement.
The hirer will ensure that the equipment is collected AND returned on the specified date at the specified time. Equipment returns after 11H00 on the date of return, INCLUDING SATURDAY’S, will be charged at the full day rate quoted.
Assignment
This Agreement is personal to the Hirer and may not be assigned or otherwise transferred in whole or in part by the Hirer without the prior consent of On Screen Production Rentals.
On Screen Production Rentals may assign this Agreement in whole or in part at any time and will notify the Hirer in writing of any such assignment as soon as reasonably practicable.
Breach
If the Hirer should default in payment of any amount falling due in terms of this Agreement and fail to make payment within 7 (seven) days of a written notice calling upon it to do so, then On Screen Production Rentals may elect, without prejudice to any other rights and without notice, forthwith to terminate this Agreement and suspend all services and retain all monies already paid by the Hirer and claim settlement of all amounts due and payable.
