MCX Films

MCX LTD Terms and Conditions of Business

1. Definitions

  1. “The Company” is “MCX LTD” trading as “MCX Films”
  2. “The Client” is the person, firm or company to whom the invoice is addressed

2. Acceptance of Order

All equipment hires and sales shall be subject only to these terms and conditions unless the Client and the Company have agreed in writing to the contrary. All orders placed by the Client shall only be deemed accepted when acknowledged as being so by the Company. In the event of a dispute between the standard terms and conditions of the Company and the Client, the parties agree that the Company’s terms and conditions of business shall take precedence.

3. Quotations

All quotations are made by the Company without obligation.

4. Rates

The rate for the equipment hired is that quoted by the Company, save that the Company reserves the right to vary the rate as a result of any variation in any costs or third-party charges related to the hire.

5. Terms of Payment

  1. Payment of invoices shall be made without any deduction or set-off so as to be received by the Company within thirty days from date of invoice. Interest shall be payable on the overdue accounts under the Terms of the Late Payment of Commercial Debts (Interest) Act 1998. All discounts are at the discretion of MCX Films and dependent on payment within 30 days. If the invoice is not paid within this period MCX Films reserves the right to remove any discounts that applied to the original quote.
  2. In the event of a default in payment the Client shall be responsible for any and all applied interest charges and reasonable collection fees incurred in recovering the outstanding amount.
  3. In the event of a default in payment the Company reserves the right either to withhold any equipment or services which are the subject of any contract with the Client and/or cancel any subsequent contract with the Client without prior notice.
  4. The Company shall be entitled to determine any contract without notice in the event of the bankruptcy, insolvency or liquidation of the Client at any time during the contract.
  5. The Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on account of the Client for any contracts which are subsequently cancelled.
  6. The Client agrees that in the event of a default in payment for the hire the Company may place full details of the Client default with an independent bureau for the purpose of compiling and distributing such information to other interested parties to assist in making decisions from which the information may be used for tracing, the prevention of fraud and the recovery of debt amongst other matters.

6. Period of Hire

  1. The hire charge for equipment commences and ends on the dates agreed by the Company.
  2. The hire period will be deemed to continue until such time as any damaged equipment is repaired or any equipment that is lost, stolen or damaged beyond repair is replaced provided that the amount of any additional hire charge payable as a direct result of the theft, accidental loss or damage to the equipment shall not exceed 13 weeks rental. Ongoing ‘Loss of Hire’ charges shall have no more than 30% discount on the list price of the item. 3-day week rental period will apply to ongoing ‘loss of hire charges’.
  3. Where equipment is delivered or collected by the Company such delivery or collection is at the Client’s risk and expense and the Client shall be liable for physical loss and damage and delay to the equipment as soon as the equipment is delivered to the address requested by the Client in the case of delivery and until the equipment has been safely placed into a Company vehicle in the case of collection.

7. The Company’s and Client’s Liabilities

Where in these Terms and Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.

  1. While the Company shall make every effort to assist the Client…
  2. The Company shall not be liable in any way for any loss, damage, loss of profits…
  3. The Company shall not be liable for any delay or other breach resulting from wars, strikes…
  4. Time is not of the essence in any contract with the Client…
  5. All equipment and materials entrusted to the Company…
  6. The Company shall not be liable for any costs incurred in getting replacement equipment…
  7. If it is proved to the satisfaction of the Company…
  8. The Client shall be required to insure its materials…
  9. The Client shall at all times keep the Company… fully indemnified…
  10. The Client shall further compensate the Company for any loss…

8. The Client’s Insurance

Without specific written agreement to the contrary prior to the commencement of the hire period the Client shall effect its own insurance on the equipment. The Client shall ensure that the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Client’s policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 6b).

9. Failure to Return Goods / Damaged Goods

The Client shall pay to the Company the full replacement value of hired equipment not returned or the full cost of repairing any damage together with an additional loss of hire charge calculated in accordance with Clause 6 of these Conditions due to loss or damage.

10. Late Returns

Equipment returned late will be charged at the single agreed daily rate for each calendar day or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking.

11. Cancellation / Curtailment

If notice of cancellation or curtailment is received by the Company at 24 hours or less notice, then the booking will be charged at full rate. Similarly, bookings cancelled more than 24 but less 48 hours before a booking begins will be charged at 50% of the full rate and bookings cancelled more than 48 but less 72 hours before a booking begins will charged at 25% of the full rate.

12. Use of Equipment

Without the previous consent of the Company hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Clients must keep hired equipment in their custody and must ensure it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment. Clients must protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances may Clients 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 or device incompatible with its proper use.

13. Condition of Goods

  1. All equipment and materials supplied by the Company shall be examined and checked…
  2. The Company shall at its own expense at all times during the hire period make any repair…

14. Company Vehicles

No person other than a person authorised by the Company may in any circumstances drive any vehicles supplied by the Company. Where such vehicles are used by or on behalf of the Client in circumstances not covered by the Company’s insurances, the Client undertakes to effect the appropriate insurance.

15. Title

  1. All equipment on hire shall at all times remain the absolute property of the Company…
  2. Clients must not sell loan assign pledge encumber part with possession…
  3. The Client agrees that a representative of the Company may enter upon any premises…

16. Client’s Property

The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Client for any sum for the time being due to the Company.

17. General

No acceptance of the return or repossession of the equipment nor the granting of any indulgence by the Company shall constitute a waiver by the Company of any of its rights under these Conditions.

18. Advice / Guidance

Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment materials or services supplied by the Company is given only on the condition that the Company shall in no circumstances be liable for any loss or damage resulting therefrom.

19. Governing Law

These Terms and Conditions shall be governed and interpreted according to the Laws of England. I certify that the information supplied on this form is correct and I authorise the information provided on this form as to my credit and employment. I agree to abide by the Terms and Conditions of MCX LTD which permits to take any additional charges for lost or damaged equipment.