PROP HIRE TERMS AND CONDITIONS
Effective Date: 3rd February 2025
CONDITIONS OF HIRE
1. PARTIES
(a) “Granger Hertzog” or “GH” – Granger Hertzog Ltd, a company incorporated in England & Wales (Co. Reg. No. 04949555) whose principal place of business is at Unit 8 Central Park, Central Way, London, NW10 7FY
(b) “Hiree” – the person or business named on the Hire Contract (as defined below)
2. OFFICIAL ORDER
All props, assets, and other items hired by Hiree (each an “Item”) shall be covered by a purchase order or rental agreement (collectively, the “Hire Contract”) stating the hire charge, Hiree’s business address and VAT number, and Agent details (if applicable). All transactions between GH and Hiree must reference the Hire Contract.
Official orders are due before collection (in case of extension, loss or damage at the time of notice).
If the business address for communication and service of Hiree is not in the United Kingdom, then the Agent named on the Hire Contract shall be jointly and severally liable with Hiree to GH for all terms and conditions of hire and the address for communication and service for Hiree shall be that of the Agent.
Unless agreed in writing between GH and Hiree, the Hire Contract is subject to the following:
· these Conditions of Hire
· Privacy Policy: https://www.grangerhertzog.com/privacy-policy/
· AI Usage Policy: https://www.grangerhertzog.com/ai-usage-policy
3. HIRE CHARGES
The “Hire Period” means the period between the date on which the Item is collected by Hiree, and the date it is due to be returned to GH.
· 1st week – 10% of quoted value of Item
· 2nd week – 5% of quoted value
· 3rd and 4th weeks – each 2.5% of quoted value.
The maximum initial Hire Period is 4 weeks; longer hires may be organised by special arrangement. A minimum invoice amount of £20 + VAT is applicable to all invoices.
Cancellation. A cancellation fee of 50% of hire charge will be applicable for confirmed orders cancelled within one working day before dispatch day.
4. EXTENDED HIRE
Hiree cannot extend the Hire Period without an agreement in writing with GH at least 48hrs ahead of the original return date (“Extended Hire”). An agreed Extended Hire, if agreed, will be confirmed by GH with an Extended Hire quote and invoicItems returned outside of the agreed hire period without an Extended Hire agreement in place may be subject to a Late Fee of up to £150+VAT, or the value of the Extended Hire, whichever is greater.
5. PAYMENT
Payment is due for all services before collection (in case of extension, loss or damage at the time of notice), except for credit account customers, when payment is due after 30 days from the date of invoice.
We accept payment by card over the phone, by 'Pay by Link' via the online portal SOTpay, or by bank transfer. In providing card payment details, Hiree authorises the use of these against any sums that become owing to GH in regards to Extended Hire, and / or loss or damage as set out below.
We reserve the right to revert a customer account to cash only (requiring payment before collection) if credit account payment terms are not adhered to.
6. LOSS/DAMAGE AND INSURANCE
Hiree shall be liable for keeping the Item(s) safe, secure, and in good repair and condition during the Hire Period (and for any other times when the Items are in Hiree’s possession or otherwise under its control).
Items returned damaged or altered without GH’s prior written consent in accordance with Paragraph 8 (Preservation) below will be restored by GH at Hiree’s cost. This shall include all reasonably-incurred costs of restoring the Item (including where appropriate depreciation in value, and loss of hires).
Items not returned or which cannot be restored will be charged at insurance replacement value as detailed on the Hire Contract. It is the responsibility of Hiree to insure the hired Items. The insurance must cover the replacement values against loss or damage howsoever caused from time of collection until return and to produce a certificate of insurance on demand. Hiree must report any discrepancies within 24 hours from collection.
7. COLLECTION AND DELIVERY
Collection and return of an Item must be arranged and paid for by Hiree. To ensure the security and protection of an Item, GH reserve the right to not load a job if GH reasonably considers that the Hiree has sent unsuitable transport.
Specialist packaging which is supplied free of charge for the Hire Period shall be charged to Hiree if not returned, as detailed on the Hire Contract Delivery Note provided at collection.
8. PRESERVATION
No alterations shall be made to Items without prior written consent of GH. Any permission granted for such alterations shall be subject to the limited conditions set out in writing and detailing any agreed alterations. Labels identifying Items as the property of GH shall not be removed. The location of Items at all times shall be confirmed to GH on demand.
9. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity. Hiree shall indemnify GH against any and all losses, demands, claims, damages, costs, expenses (including legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by GH in respect of (i) any damage to the Items, (ii) any claim made against GH by a third party for personal injury arising out of in connection with Hiree’s use of the Items, and (iii) any claim made against GH by a third party for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Hiree’s use of the Items otherwise than in accordance with these Conditions of Hire and Granger Hertzog’s AI Usage Policy.
Limitation of Liability. Nothing in this Paragraph 9 shall limit GH’s liability for death or personal injury resulting from GH’s negligence or for fraud or for any other liability to the extent the same cannot be excluded or limited by law. The aggregate liability of GH in respect of any loss or damage suffered by Hiree and arising out of or in connection with these Conditions of Hire, shall not exceed the greater of £1000.00 and the amount of the hire charge actually paid.
10. RIGHTS AND LIMITATIONS OF USE
Grant of Licence. GH grants Hiree the non-exclusive non-transferable non-sublicensable right to use the Items provided for hire in accordance with the Hire Contract and GH’s AI Usage Policy, solely for the purposes of use by Hiree in the agreed film, television programme, commercial, still photography or event (as applicable). For the avoidance of doubt, no Items hired shall be used for any purpose other than in accordance with this Paragraph 10 and Items shall not be lent or sub-hired to any third party.
Breach. Any breach of Paragraph 8 (Preservation) above, this Paragraph 10, or any other unauthorised use of the Items (to include breach of the AI Usage Policy) by Hiree will be deemed a material breach of the Hire Contract and these Conditions of Hire. Without prejudice to any other rights and remedies that GH may have, GH will be entitled to require Hiree to immediately stop using the Items and promptly return the Items to GH upon any such material breach. Hiree acknowledges and agrees that it shall be and remain liable for the actions and omissions of: (a) its directors, employees, representatives; and (b) agents, subcontractors and freelancers acting on its behalf in connection to content featuring the Items.
Warranties. Where an Item is expressed to have a ‘Licence to Use’ on the hire contract, GH warrants that it owns or controls the Items, and holds the copyright or other intellectual property rights in the Items and has the right to grant to Hiree the right to use the Items for the agreed purpose of use.
Where an Item is not expressed to have a ‘Licence to Use’ on the hire contract, GH warrants that it owns the Items and has the right to hire out the Items to Hiree for the agreed purpose of use, however, Hiree shall be responsible for obtaining all necessary permissions, releases or clearances in relation to its use of the Items in the agreed film, television programme, commercial, still photography or event (as applicable) and GH shall have no liability in respect of the same.
No warranty that the Items are fit for Hiree’s purposes is given by GH and except as otherwise stated in these Conditions of Hire, the Items are provided “AS-IS” and all warranties, whether express or implied, are excluded to the fullest extent permitted by law.
Ownership. Ownership of the Items shall at all times remain vested in GH and/or the copyright owners or licensors (as applicable) and Hiree shall have no right, title or interest in the Items except for the right to use the Items upon the terms and conditions contained in these Conditions of Hire, subject always to the AI Usage Policy. Hiree undertakes to GH that it will not sell, assign, let, pledge, charge, encumber, part with possession of or otherwise deal with the Items or any interest of GH therein.
11. DISPUTES AND LAW
The parties agree to first attempt to resolve any disputes arising under or in connection with the Hire Contract or these Conditions of Hire amicably and in good faith through discussions between their respective representatives before pursuing any formal legal proceedings.
All parties agree that English law shall apply and that they shall submit to the exclusive jurisdiction of the English Courts.