PALMA EQUIPMENT RENTAL C.B. – TERMS OF BUSINESS
In these Terms of Business, “PER” means “Palma Equipment Rental C.B.” and “Client” means any
person, firm or company who requests, rents, hires and/or purchases equipment, studio facilities,
services and/or consumables from PER.
1 APPLICATION OF THESE TERMS
1.1 These Terms of Business govern the supply of all equipment, studio facilities, services and
consumables by PER. All other terms and conditions (including without limitation any terms
and conditions of the Client) are excluded.
1.2 Any valid amendment or variation to these Terms of Business must be in writing and signed
by a director of PER.
2 ORDERING FROM PALMA EQUIPMENT RENTAL
2.1 The Client may order equipment, studio facilities, services and/or consumables either in
writing (including email) or verbally, by telephone or in person. Where reasonably practicable,
PER shall confirm orders in writing.
2.2 All orders for equipment, services and/or consumables shall be binding on the Client whether
or not they are confirmed by PER.
2.3 PER shall not be responsible for any errors made (by either party) in connection with verbal
2.4 PER shall be entitled to assume that any person placing and/or signing an order on behalf of
the Client is authorised to do so.
2.5 PER reserves the right in its absolute discretion to refuse to accept any order.
2.6 Once an order has been accepted by PER, PER shall supply the equipment, studio facilities,
services and/or consumables ordered in accordance with these Terms of Business.
3.1 All prices and hire charges shall be as quoted by PER or calculated by reference to PER’s
current price lists as applicable from time to time. All prices exclude delivery, IVA, and
damage waiver.- 2 –
3.2 All quotations shall (subject to clause 3.3) remain valid for a period of 30 days from the date
on which they are first given, provided that PER shall be entitled to vary any quotation if the
Client’s order differs from the requirements and specifications on which such quotation was
based. The provision of a quotation by PER to the Client does not guarantee the availability of
the equipment, studio facilities, services and/or consumables specified in such quotation,
whether at the time of the quotation or at the time the Client wishes to place its order.
3.3 Prices and hire charges specified on PER’s price lists and/or quotations provided by PER
may be subject to change from time to time without warning where necessary due to any
variations in PER’s costs, such as third party supplier costs and/or labour costs.
3.4 Where hire charges include a charge for the provision of personnel, overtime rates may apply
during certain hours or after certain periods of time, in accordance with PER’s applicable price
list(s). Travel, subsistence and accommodation expenses of PER personnel will be charged
to the Client, in addition to applicable day rates and hire charges.
4.1 If PER has accepted an application from the Client to open an account with PER (which
decision shall be in PER’s absolute discretion), the Client shall pay each invoice within 30
days of the invoice date. If the Client pays any invoice using a credit card, the Client shall be
liable to pay an additional surcharge of 3% of the invoice amount. In the event of late payment
of any invoice, PER reserves the right to withdraw credit facilities at any time without prior
notice. PER reserves the right not to provide account facilities without disclosing a reason.
4.2 Clients should be aware that first time users will need to settle the first rental invoice prior to
4.3 If the Client does not have an account with PER, the Client shall pay PER for all equipment,
studio facilities, services and consumables as set out below. Payment may be made by cash,
cheque, bank transfer or major credit or debit card:
4.3.1 hire charges for equipment, together with a deposit, must be paid in full prior to the
commencement of the hire period. PER shall refund the deposit in full to the Client
after the end of the hire period, except in the circumstances set out in clauses 9.23
4.3.2 all consumables and production costs (and at the absolute discretion of PER) must
be paid for at the time of ordering.
4.4 All sums payable to PER shall be payable in euros, in full, without deduction, withholding or
set-off. All prices and delivery charges are quoted exclusive of IVA.
4.5 If the Client is overdue with any payment hereunder, then without prejudice to PER’s other
rights or remedies:
4.5.1 the Client shall be liable to pay interest on the overdue amount at an annual rate of
5% above the prevailing base rate of Sa Nostra bank, which interest shall accrue on
a daily basis from the date payment becomes due until PER has received payment
of the overdue amount together with all interest that has accrued;- 3 –
4.5.2 the Client shall reimburse PER for any costs incurred by PER in taking steps to
recover the overdue payment; and
4.5.3 PER shall have the right, at its option, to suspend delivery of any services and/or
consumables and/or to require the Client to cease using equipment and/or studio
facilities until full payment is received.
4.6 The Client shall be responsible for all customs and other duties and all related costs and
expenses payable on any international transaction.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The Client warrants that no copyright or other intellectual property right (including without
limitation moral rights) of any third party, now existent or hereafter created, will be infringed by
5.1.1 the Client’s use of PER’s equipment;
5.1.2 any services to be carried out by PER at the request of the Client;
5.2 The Client agrees to indemnify PER against all losses, damages, claims or expenses
(including legal costs on an indemnity basis) which PER may incur by virtue of any breach of
the warranties in clauses 5.1 or in the event of any claim (whether or not proceedings are
issued) by any party against PER or its employees, agents or contractors, that any third party
copyright or other intellectual property right (including without limitation moral rights) has been
infringed by virtue of anything done by, on behalf of or at the request of the Client.
5.3 The Client warrants that no materials or data deposited with PER shall contain any material
which is defamatory, blasphemous or obscene, or which is otherwise contrary to any
applicable laws, regulations or codes of practice.
Courier Service / Delivery
5.4 The Client must sign for delivered work, or PER will not be held responsible for any losses
arising from the delivery.
5.5 Whilst PER will make every effort to collect the Client’s materials and deliver work as quickly
as possible, it will not be liable for any losses arising from delays in delivery or collection.
6 LIMITATION OF LIABILITY
6.1 PER liability in respect of faulty hire equipment shall be limited to the adjustment, repair or
replacement of such equipment and/or the refund of the applicable hire charges in
accordance with clauses 9.20 to 9.22 and, for the avoidance of doubt, PER shall not be liable
for the cost of retaking or re-shooting any material which is not captured or is lost, or for any
other costs or losses incurred by the Client, as a result of the equipment being faulty.
6.2 Subject to the provisions of this clause 6, PER’s maximum aggregate liability under or in
connection with any order shall not exceed the total sums payable by the Client to PER in
connection with the relevant order.- 4 –
6.3 Subject to clause 6.4, PER shall not be liable for any loss of income or profits, loss of
contracts or for any indirect or consequential loss or damage of any kind howsoever arising.
6.4 Nothing in these Terms of Business shall exclude or in any way limit PER’s liability for fraud,
or for death or personal injury caused by its negligence, or any other liability to the extent that
the same may not be excluded or limited as a matter of law.
6.5 Nothing in this Agreement will affect any consumer’s statutory rights.
7 FORCE MAJEURE
7.1 PER shall not be liable for any delay in performing or failure to perform its obligations
hereunder to the extent that such delay or failure results from any cause or circumstance
beyond its reasonable control, including without limitation any inability of PER to secure
labour, materials, supplies or transport, scarcity of fuel, power or components, breakdown of
machinery, fire, storm, flood, acts of God, internet failure, war, civil disturbance, strikes,
lockouts or industrial action (each an “event of force majeure”). If any event of force majeure
occurs, the date(s) for performance of PER’s affected obligation(s) shall be postponed for as
long as is made necessary by the event of force majeure. If any event of force majeure
continues for a period of or exceeding 60 days, the Client may cancel the affected order (or
the affected part(s) of it) by written notice to PER.
8.1 PER reserves the right to change opening times.
8.2 The Client may not assign, sub-license or sub-contract any of its rights or obligations under
these Terms of Business without the prior written consent of PER.
8.3 No person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of these Terms of Business.
8.4 These Terms of Business constitute the entire agreement and understanding between the
parties with respect to their subject matter and supersede any prior agreement, understanding
or arrangement between the parties, whether oral or in writing, with respect to the same. No
representation, undertaking or promise shall be taken to have been given or be implied from
anything said or written in communications between the parties except as set out in these
Terms of Business. Neither party shall have any remedy in respect of any untrue statement
made to it upon which it has relied (unless such untrue statement was made fraudulently) and
that party’s only remedies shall be for breach of contract as provided in these Terms of
Business.- 5 –
9 ADDITIONAL TERMS APPLICABLE TO THE HIRE OF EQUIPMENT AND/OR STUDIO
The Client’s attention is drawn in particular to the cancellation terms applicable to all rental
and hire arrangements (see clauses 9.24 to 9.28 below)
9.1 The hire period for equipment shall commence:
9.1.1 upon delivery to or collection by the Client of the equipment; or
9.1.2 where delivery or collection of the equipment is delayed due to any act or omission
of the Client or due to PER’s representatives being unable to gain access to the
delivery address nominated by the Client, on the date on which delivery is first
attempted or collection should have taken place, and shall continue for the period
agreed between the parties when the Client ordered the equipment, unless
terminated sooner by PER in accordance with clause 9.29 below.
9.2 The minimum hire period for equipment shall be one day.
9.3 Hire periods may be extended by agreement between the parties, subject always to the
availability of the equipment and/or studio facilities and the Client’s payment (or agreement to
pay) of all additional hire charges.
9.4 All hire periods and production schedules should include adequate provision for equipment
9.5 Hire charges shall be payable for the entirety of the hire period, whether or not the relevant
equipment and/or studio facilities is/are in use for the whole of such hire period.
Delivery of Equipment
9.6 The Client may collect equipment from PER or have it delivered by PER for an additional
9.7 Where PER has agreed to deliver equipment to the Client, equipment shall be delivered to the
delivery address specified by the Client. If PER’s representative(s) is/are unable to gain
access to the delivery address and/or if delivery is delayed due to any act or omission of the
Client, the Client shall be responsible for any additional delivery costs incurred by PER as a
result of rearranging delivery and shall pay hire charges as if the delivery of the equipment
had not been so delayed.
9.8 Title to all equipment shall remain with PER (or PER’s licensors) at all times and, save for the
right to use such equipment during the agreed hire period, the Client shall acquire no right,
title or interest in or to the same.
9.9 Immediately upon receipt or collection of any equipment, the Client shall inspect and satisfy
itself as to its condition. If the Client fails to notify PER, promptly after receipt or collection, of
any defect in or problem with the equipment and/or if the Client starts to use the equipment, – 6 –
the Client shall be deemed to have confirmed that the equipment is in a satisfactory condition
upon delivery or collection.
9.10 Risk in all equipment shall pass to the Client upon delivery to or collection by the Client. The
Client shall be responsible, for the duration of the hire period, for the cost of insuring all hired
9.11 Unless the Client agrees to insure the equipment in accordance with clause 9.14 below, the
Client shall be charged, in addition to the hire charges, a “Damage Waiver” fee of 10% of the
total applicable hire charges. The following Damage Waiver terms will then apply in the event
of damage to or loss of the equipment:
9.11.1 Geographical Limits – Europe, subject to prior declaration of where the equipment is
to be taken;
9.11.2 Maximum hire period – two months, longer subject to negotiation;
9.11.3 Excess – first €600 each and every loss, for which the Client shall be responsible;
9.11.4 If equipment is lost or damaged and is replaceable for less than the cost of the
excess charges, that will be charged in its stead.
(a) Damage caused by corrosion, excessive heat, dampness or physical
(b) damage occasioned by or resulting from nationalisation, confiscation,
requisition, seizure or destruction by the government or any public authority;
(c) property damaged as a result of its undergoing any process including testing,
repairing, adjusting, servicing or maintenance operation;
(d) damage arising from:
Excessive sun and sand exposure;
breakage of flash tubes and/or bulbs;
(e) damage to glass and other fragile or brittle articles unless such damage is
caused by fire, theft or as a result of an accident to the vehicle in which the
article(s) is/are being transported;
(f) theft from unoccupied vehicles;
(g) damage to property carried on the outside of vehicles unless as a result of
overturning or collision;
(h) damage or loss as a result of negligence;- 7 –
(i) consequential loss of any description.
9.12 The Client acknowledges and accepts the above Damage Waiver terms and agrees that it
shall not, for the duration of the hire period, do or omit to do any act or thing which would or
may vitiate or invalidate the Damage Waiver terms and/or jeopardise the prospect of a
successful claim in respect of any loss of or damage to the equipment.
9.13 Where PER incurs loss, damage or expense as a result of loss of or damage to the
equipment during the hire period, and such loss, damage or expense is not recoverable under
the Damage Waiver, the Client shall be liable for and shall indemnify PER against such loss,
damage or expense. Any loss must be reported to the local police within 24 hours.
9.14 Where the Client has agreed to arrange insurance for the equipment, the Client shall keep the
equipment insured against loss or damage throughout the hire period for all risks including
theft. Such insurance shall be with a reputable insurance company, shall be for the full
replacement value (as new) of the equipment, shall be free from restriction or excess and
shall be in the joint names of PER and the Client. The Client shall produce to PER on demand
a copy of a current insurance policy in respect of the equipment in accordance with this
clause.(together with a receipt for the last premium paid).
9.15 Where the Client has arranged insurance under clause 9.14, the Client shall be liable for and
shall indemnify PER against any and all losses, damages or expenses incurred by PER which
arise out of or in connection with any loss of or damage to the equipment caused during the
hire period (fair wear and tear excepted), including without limitation:
9.15.1 any loss of rental income resulting from such loss or damage, up to maximum of 13
weeks’ hire charges; and
9.15.2 the lesser of (1) the full replacement cost of the equipment and (2) the cost of
reinstating the equipment to satisfactory and operational condition.
9.16 Within 24 hours of becoming aware of any occurrence which will or may give rise to a
Damage Waiver claim, or a claim under the Client’s insurance, in relation to the equipment,
the Client shall give written notice to PER of such occurrence.
9.17 PER reserves the right to terminate usage of any equipment if PER considers that its
employees, agents, contractors or equipment would or may be put at risk if such usage were
to continue, for example in adverse weather conditions. In these circumstances, hire charges
shall remain payable by the Client in full.
9.18 During the hire period, the Client shall:
9.18.1 keep all hire equipment in its custody and control and shall not sell, loan, assign,
pledge, encumber or part with possession of or suffer a lien to be created over the
equipment or any part thereof (unless otherwise agreed in writing by PER);- 8 –
9.18.2 ensure that all equipment is used in a skilful and proper manner by persons having
the appropriate qualifications and experience who are familiar with the equipment;
9.18.3 take proper care of all equipment and ensure that it is properly stored and protected
from interference, deterioration and/or damage from any source.
Replacement and Repairs of Hire Equipment
9.19 The Client shall at all reasonable times allow PER and its representatives access to hire
equipment in order to inspect, test, adjust, repair, alter or replace the same.
9.20 If at any time during the hire period any hire equipment requires adjustment, repair or
9.20.1 the Client shall not, and shall not permit any third party to, adjust, repair, alter or
replace the equipment but shall forthwith give notice of such requirement to PER;
9.20.2 PER shall either carry out the necessary adjustment or repair at the Client’s
premises or, at PER’s discretion, shall arrange for the removal of the equipment (or
the relevant part(s) thereof) to PER’s premises for such purpose.
9.21 If PER removes any hire equipment for adjustment or repair, PER may, at its option:
9.21.1 adjust, repair and redeliver the relevant equipment;
9.21.2 terminate the hire period forthwith in relation to the relevant equipment by giving
notice to the Client, in which case PER shall refund to the Client any part of any hire
charges paid by the Client in respect of the relevant equipment that relates to the
unexpired part of the hire period; or
9.21.3 replace the relevant equipment, in which case the replacement equipment shall be
deemed to have been included in the equipment delivered to or collected by the
Client at the start of the hire period.
9.22 If PER adjusts, repairs or substitutes the equipment pursuant to clause 9.21.1, PER may at its
option vary the hire charges with effect from the date of completion of such adjustments or
repairs, or from delivery of such replacement equipment, and may invoice the Client for any
additional hire charges payable.
9.23 If any equipment requires adjustment, repair or replacement due to any act or omission of the
Client and/or due to any failure of the Client to comply with these Terms of Business, PER
shall be entitled to retain any deposit paid by the Client in respect of the equipment and the
Client shall be liable for all costs incurred by PER in carrying out such adjustment, repair or
replacement (including without limitation the costs of inspecting, loading, unloading,
transporting and testing such equipment), to the extent not covered by the amount of the
Cancellation- 9 –
9.24 If any order for the hire of equipment is cancelled less than 24 hours prior to the intended start
of the hire period, but more than four working hours before such time, the Client shall pay
PER 25% of the hire charges for all equipment for the first full day of the hire period.
9.25 If any order for the rental of equipment is cancelled less than four working hours prior to the
intended start of the hire period, the Client shall pay PER 50% of the hire charges for all
equipment for the first full day of the hire period.
9.26 If any order for the rental of equipment is cancelled on or after the intended start of the hire
period, the Client shall pay PER 100% of the hire charges for all equipment for the first full
day of the hire period, together with any delivery costs incurred by PER.
9.27 “working hours” for this purpose are: 9am to 6pm. By way of example, if the hire period is due
to start at 10am on a Tuesday and the Client cancels its order at 6pm on the Monday
evening, that equates to one working zero hours notice of cancellation and the charge
specified in clause 9.27 above shall apply.
9.28 Cancellations of confirmed studio bookings will be charged in full.
Termination of Hire Period
9.29 PER may terminate any hire period immediately on notice to the Client in the event of any
material breach of these Terms of Business by the Client (including without limitation any
failure to pay any hire charges when due) and/or if the Client uses any equipment or studio
facilities in any way which is unlawful and/or would cause damage to the equipment or studio
facilities or any part of them and/or would or might bring PER into disrepute.
9.30 Upon termination or expiry of the hire period, the Client shall:
9.30.1 allow PER or its authorised representatives and/or contractors, at a time agreed
with PER, to enter onto the premises at which all hire equipment is being used or
stored (the “Collection Address”) for the purposes of collecting the equipment. If
PER’s representatives or contractors are unable to gain access to the Collection
Address for the purposes of such collection and/or if collection is delayed due to any
act or omission of the Client, the Client shall be responsible for any additional costs
incurred by PER as a result and shall pay hire charges until the eventual collection
of the equipment; or
9.30.2 immediately at its own expense return all equipment to an address nominated by
PER. If the Client fails to return all equipment in accordance with this clause 9.30.2,
PER shall be entitled to enter the Collection Address for the purpose of removing
such equipment and the Client hereby grants PER an irrevocable licence for PER’s
representatives and/or contractors to enter the Collection Address for such purpose;
9.30.3 leave the studio facilities (if used) in the same condition in which they were made
available to the Client, and shall dismantle and remove all of the Client’s property,
equipment, sets, props, lighting set-ups and other materials. In the event that any
sets, props and/or lighting set-ups remain in the studio facilities at the end of the
hire period, PER reserves the right to remove and dispose of such sets, props – 10 –
and/or lighting set-ups and to charge the Client for dismantling and/or disposing of
Return of Equipment: Loss / Damage
9.31 The Client shall be responsible for returning all hire equipment at the end of the hire period in
the condition in which it was delivered to or collected by the Client (subject to fair wear and
9.32 If any equipment is returned damaged, or if equipment is lost and not returned at the end of
the hire period, PER shall be entitled to retain any deposit paid by the Client in respect of the
equipment and the Client shall be charged for the repair or replacement of the relevant
equipment (to the extent not covered by the amount of the deposit) and for any loss of rental
income incurred by PER as a result of such damage or loss, up to a maximum of 13 weeks’
10 ADDITIONAL TERMS APPLICABLE TO THE SALE OF CONSUMABLES
10.1 The Client may collect film and other consumables from PER or have them delivered by PER
for an additional delivery charge.
10.2 Title to all consumables shall pass to the Client upon receipt by PER of the full price payable
for them or, if later, on the date on which the consumables are delivered to or collected by the