GRIPVAN: TERMS OF BUSINESS
1. General
(a) In these Conditions: “Charges” means the sums due, including VAT, in respect of the Contract; “Contract” means the rental agreement between Customer and Grip Van for the hire of Kit List and/or Crew incorporating these Conditions; “Crew” the personnel (if any) identified on the Quote to be supplied by Grip Van; "Customer" means the Customer indicated on the Contract; “Delivery Address” has the meaning given to it on the Contract; “Delivery Date” means the date for delivery or collection of the Kit List as agreed between the parties; "Grip Van" means Grip Van (London) Ltd a company incorporated under the laws of England and Wales with company number 08268813 whose registered office is at 37 Warren St, London W1T 6AD; “Hire Period” the period from the Delivery Date until the Return Date; “Kit List” means the kit listed on the Contract to be supplied by Grip Van; “Quote” means a quote for a Kit List and Crew submitted by Grip Van to Customer; “Replacement Value” the replacement value of the Kit List identified on the Contract; and “Return Date” has the meaning given to it on the Contract or otherwise agreed between the parties.
(b) These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Kit List and the Crew. All other terms and conditions, express or implied, are excluded, including but not limited to any terms and conditions of Customer. None of Grip Van's employees or agents has authority to modify or supplement these Conditions.
2. Order Process
(a) A Quote is valid for 30 days and is subject to these Conditions. Provision of a Quote does not guarantee that the Kit List and/or Crew is available to Customer in accordance with the terms of the Quote.
(b) Unless otherwise agreed in writing by Grip Van, a legally binding contract between Customer and Grip Van shall come into existence on the earlier of (i) receipt by Grip Van of a signed Contract from the Customer; (ii) receipt by Grip Van of an email from the Customer confirming the Charges and Kit List set out in a Quote are correct; and (iii) collection or delivery of the Kit List.
(c) It is Customer’s responsibility to check the Contract carefully and notify Grip Van of any changes required. Once the Customer returns the signed Contract, Customer confirms that Kit List and Crew listed on the Contract are complete and suitable for the Customer’s intended needs.
(d) Grip Van will not guarantee the availability of the kit list until confirmed in writing, either by email or other electronic means, not less than 24 hours before the official call-time of Customer’s job.
3. Cancellation
(a) If after the Contract has come into existence the Customer wishes to cancel the Contract, subject to Condition 3(b), the following cancellation fees shall be due, (i) notice of cancellation received more than 7 days before the Delivery Date, 0% of the Charges; (ii) notice of cancellation received between 7 and 3 days before the Delivery Date 25% of the Charges for a single day; (iii) notice of cancellation received between 2 and 1 day before the Delivery Date 50% of the Charges for a single day; and (iv) notice of cancellation received under 24 hours before the Delivery Date including failure to collect, 100% of the Charges.
(b) If following cancellation of a Contract, Grip Van’s costs (including costs of Crew and/or sub-contractors) in relation to the Contract exceed the cancellation fees set out in Condition 3(a), Customer shall pay such additional costs to Grip Van.
4. Charges
(a) All invoices are due within 30 days of the invoice date unless otherwise agreed by Grip Van and payment shall be made to the address/account notified to the Customer.
(b) If the Customer fails to procure payment of any sum due by the due date, without prejudice to any other rights or remedies available to it, Grip Van shall be entitled to charge costs and interest on the amount overdue from the due date until the date of payment in accordance with the Late Payments of Commercial Debts (Interests) Act 1998.
(c) At the request of Grip Van, in addition to the Charges, Customer shall pay a deposit equal to the Replacement Value for the Kit List. Following the return of the Kit List, (i) if no part of the Kit List is defective, damaged or missing Grip Van shall reimburse Customer the deposit in full and; (ii) if any part of the Kit List is defective, damaged or missing Grip Van shall reimburse Customer the deposit less such sums as are due under Condition 7.
5. Collection, Delivery, Return and Hire Period
(a) Grip Van shall deliver, or Customer shall collect as the case may be, the Kit List on the Delivery Date. Where Grip Van has agreed to deliver the Kit List, it shall deliver the Kit List to the Delivery Address during Grip Van’s normal working hours. Customer shall ensure that the Delivery Address and access to the Delivery Address is suitable for the delivery of the Kit List, and Grip Van shall not be liable for any failure to deliver if the Delivery Address is in accessible or not otherwise suitable in accordance with these Conditions. Where Customer has agreed to collect the Kit List, it shall collect the Kit List from the address notified to it by Grip Van during Grip Van’s normal working hours.
(b) Unless the Contract includes Crew, Customer acknowledges that Grip Van shall not be obliged to assist Customer in relation to the loading, unloading, storage and/or workings of the Kit List.
(c) During the Hire Period, the Customer shall (i) operate the Kit List in accordance with any written or oral instructions provided to it by Grip Van, the manufacturer’s instructions and good industry practice; (ii) operate the Kit List only for lawful purposes and without infringing any third party rights, including intellectual property rights; (iii) operate the Kit List in accordance with applicable laws, including but not limited to all health and safety laws and all vehicle driving laws; (iv) not sell, loan, assign, part with possession or suffer any lien to be created over the Kit List; (v) not remove or allow the Kit List to be removed from the United Kingdom; (vi) not adapt or try to repair the Kit List for any purposes; (vii) keep the Kit List safe and secure including, when not in use, by storing the Kit List in a secure area with restricted access; and (viii) procure for Grip Van the right to inspect any place where the Kit List is being held at any time to inspect the Kit List for any reason or to recover the Kit List in accordance with Condition 8.
(d) Unless otherwise agreed by Grip Van in writing, including email, Customer shall return the Kit List to Grip Van on the Return Date during Grip Van’s normal working hours.
6. Insurance
(a) During the Hire Period, risk of the Kit List vests in Customer. Customer shall insure the Kit List at the Replacement Value and against all risks including third party risks loss or damage by fire theft and other risks usually covered by comprehensive insurance of products of the type on the Kit List. Such insurance to be for such sum as required by Grip Van or in the absence of such requirement for a minimum of £2 million for public or product liability in respect of one occurrence. Customer shall produce to Grip Van on demand evidence of a current insurance policy and a receipt for the last premium paid.
(b) Damage Waiver
This is a service provided by Gripvan designed to protect customers from charges that may arise in the event of damage, loss or theft of any or all items on the Kit List, whilst on hire. Customers are not obliged to take out this service and, in some circumstances, The Damage Waiver will not be available.
The Damage Waiver is not insurance and does not replace the customer’s own insurance required to cover the replacement value of the kit list.
If Customer elects to pay the costs of Damage Waiver, Customer agrees that:
(i) the cost is calculated at 15% of the Equipment Rental Charges
(ii) there is an excess on each and every loss of the first £250 or 10% of the value of the loss
(whichever greater) which shall be paid by Customer
(iii) The Damage Waiver will cover the cost repairing accidentally damaged items from the Kit List and
or loss or theft of items from the Kit.
(iv) In order to benefit from the waiver provided by The Damage Waiver, Customer must be able to
demonstrate that reasonable care has been taken to prevent loss, and a Crime Reference Number has been obtained from the Police in the event of theft, and GripVan has been notified within 24 hours of any incident
(v) Customer shall pay 100% of any claim for theft of Kit List left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle
(vi) The Damage Waiver excludes certain losses and damage, including but not limited to theft of consumable (resale) goods; loss due to the dishonesty, wilful defect or negligence of Customer’s employee, sub-contractor or agent; theft from vehicles where equipment was left visible and unattended; loss of equipment revealed only during an inventory; loss arising from civil disturbance; loss occurring outside the UK and Ireland; damage or loss caused by Customer’s negligence, damage or loss as a result of breach of contract; damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of equipment by Customer.
7. Kit List
(a) All samples, descriptive matter and advertising issued by Grip Van and any descriptions or illustrations contained in Grip Van’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Kit List described in them. They will not form part of these Conditions.
(b) Title to the Kit List shall remain vested at all times in Grip Van.
(c) Grip Van warrants that the Kit List shall be in good condition and good working order.
(d) Customer shall inspect the Kit List on delivery or collection as the case may be. Unless within 2 hours
Customer notifies Grip Van otherwise, and in any event if Customer signs the delivery note and/or uses the Kit List, Customer shall be deemed to have accepted that the Kit List is in good condition and good working order at the time of collection.
(e) At any time during the Hire Period, Customer shall immediately notify Grip Van if any part of the Kit List is missing or defective with full details of the missing or defective Kit List, and any explanation as to the events giving rise to the loss or defect. Customer shall preserve missing Kit List for inspection by Grip Van.
(g) Subject to Condition 7(h) below, if it is shown to Grip Van’s reasonable satisfaction that any part of the Kit List was missing on delivery or collection as the case may be or is defective, Grip Van will either refund the Charges for the non-conforming kit (pro-rata) or replace the non-conforming kit within a reasonable time, free of charge. SUCH REFUND OR REPLACEMENT SHALL BE DETERMINED BY GRIP VAN AND SHALL BE GRIP VAN'S SOLE LIABILITY IN RELATION TO ANY NON-CONFORMITY. Replacement Kit List is covered by these Conditions. For the avoidance of doubt, Grip Van shall not be liable for the cost of retaking or reshooting any material which is not captured or is lost as a result of the Kit List, and shall have no liability for any other costs or losses incurred by Customer.
(h) If any Kit List is missing or defective (except as a result of any act or omission of Grip Van) whether during the Hire Period or on return of the Kit List, Customer shall indemnify and keep indemnified Grip Van against all losses, claims, fees, costs and expenses (including legal expenses) incurred by Grip Van and relating to such missing or defective Kit List. In addition to paying any losses or costs, Customer shall, at Grip Van’s discretion, pay to Grip Van the lesser of the full replacement cost of the damaged Kit List or the cost of reinstating the Kit List to the condition it was in at the commencement of the Hire Period.
(i) If Customer believes any Kit Part has been stolen, Customer shall report any loss to the local police within 24 hours and a copy of the police report/crime reference number must be supplied to Grip Van within 24 hours of the occurrence.
8. Crew
8.1 Customer shall be responsible for all Crew and the place and method of work of the Crew.
8.2 Customer shall indemnify and keep indemnified Grip Van against all losses, claims, fees, costs and expenses (including legal expenses) incurred by Grip Van and relating to (i) compliance with all health and safety laws and regulations relating to services provided by Crew; (ii) claims or demands brought by Crew against Grip Van as a result of any act omission of Customer; and (iii) claims or demands brought by a third party against Crew as a result of any act omission of Customer.
9. Force Majeure
(a) Grip Van shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Grip Van's negligence) which are beyond Grip Van's reasonable control and which prevent or restrict Grip Van from complying with the Contract.
(b) Grip Van may where reasonable in all the circumstances (whether or not involving Grip Van's negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Grip Van's ability to supply, deliver or acquire materials for the Kit List by Grip Van's normal means is materially impaired.
10. Termination and Suspension
(a) Grip Van may (without prejudice to its other rights or remedies) terminate or suspend Grip Van's performance of the whole or any outstanding part of the Contract if (i) Customer breaches any term of any Contract with Grip Van including but not limited to a failure to pay sums due by the due date and/or failure to return the Kit List by the Return Date; (ii) Customer becomes bankrupt or insolvent or if a receiver or encumbrancer takes possession of any material part of Customer's assets; and/or (iii) Grip Van has reasonable grounds for suspecting that an event in Condition 10(a)(ii) will occur, or that Customer will not pay sums due by the due date.
(b) If the Contract is terminated during the Hire Period, (i) Grip Van shall be entitled to enter on to any premises where the Kit List is located and recover the Kit List and Customer shall assist Grip Van to exercise its rights under this Condition 10(b)(i); and (ii) all sums payable to Grip Van shall become immediately due.
(c) Termination of a Contract shall not affect any Condition that expressly or implicitly continues following termination.
11. LIMITATION OF LIABILITY – CUSTOMER’S ATTENTION IS DRAWN TO THIS CONDITION
(a) IN NO CIRCUMSTANCES WHATEVER SHALL GRIP VAN BE LIABLE (IN CONTRACT, TORT OR OTHERWISE, AND IRRESPECTIVE OF ANY NEGLIGENCE OR OTHER ACT, DEFAULT OR OMISSION OF GRIP VAN OR ITS EMPLOYEES OR AGENTS) FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES (INCLUDING LOSS OF GOODWILL, BUSINESS OR ANTICIPATED SAVINGS), LOSS OF PROFITS OR USE, LOSS OF DATA OR CONTENT, OR ANY THIRD PARTY CLAIMS, IN CONNECTION WITH THE CONTRACT.
(b) GRIP VAN'S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THE PRODUCTS OR THE CONTRACT (IN CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT RELATED TO ANY NEGLIGENCE OR OTHER ACT, DEFAULT OR OMISSION OF GRIP VAN OR ITS EMPLOYEES OR AGENTS), IS LIMITED TO THE CHARGES UNDER THE CONTRACT.
(c) ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW) SAVE FOR THE CONDITIONS IMPLIED BY S.12 SALE OF GOODS ACT 1979) ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT.
(d) NO ACTION MAY BE BROUGHT AGAINST GRIP VAN IN CONNECTION WITH THE CONTRACT UNLESS PROCEEDINGS ARE ISSUED AGAINST GRIP VAN WITHIN 6 MONTHS AFTER CUSTOMER BECAME OR OUGHT TO HAVE BECOME AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
(e) THIS CONDITION 11 APPLIES NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OF THE CONTRACT BY GRIP VAN.
(f) NOTHING IN THESE CONDITIONS EXCLUDES OR LIMITS THE LIABILITY OF GRIP VAN FOR DEATH OR PERSONAL INJURY CAUSE BY GRIP VAN’S NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
12. Miscellaneous
(a) The Contract may not be assigned by Customer without Grip Van's prior written consent.
(b) Grip Van shall be entitled to sub-contract its obligations under these Conditions.
(c) Notices must be in writing to Grip Van's or Customer's address and are deemed delivered on the first
working day after sending by hand or on the third working day after being placed prepaid in the first class post to Customer's or Grip Van's address.
(d) No failure by Grip Van to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
(e) If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
(f) The Contract shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in relation to the Contract.
(g) Any personal data that Customer provides to Grip Van will be held securely and processed only for the purposes of these Conditions. Grip Van may share Customer’s personal data with credit reference agencies, banks and other responsible organisations in order that Grip Van can fulfil the Contract.