Terms & Conditions – Focus Canning

Glossary
1. For the purposes of these terms the ‘Company’ will be interpreted as Focus24 Ltd, a registered company trading as Focus Canning
2. These terms shall cover any subsidiaries of the Company including but not limited to ‘Canning24’ and ‘Focus Canning’
3. The ‘Customer’ will be interpreted as an individual or trading entity contracting with The Company
4. ‘Equipment’ or ‘Goods’ will be interpreted as all items which are hired to the Customer by the Company
5. ‘Services’ refers to any contracted work performed by The Company which includes but limited to hire of Goods, repairs, labour or transport
Trading Account
1. All Customers without exception are required to open a trading account with The Company before any Services can take place
2. Prospective Customers who wish to open an account will complete an application form and return it to the Company before the supply of any Services
3. The Company will perform standard reference checks and due diligence when creating the Customer account including its insurance arrangements. The Customer accepts that by opening an account with the Company that it may perform credit searches via professional online resources such as Experian
4. The Customer verifies that submitted trading references are genuine and that there have been business transactions between the Customer and confirm that the references have given consent to act on behalf of the Customer in offering a trade reference
5. The Company reserves the right to terminate the Customer account without notice where it finds the Customer to have submitted inaccurate information in account application process
Acceptance of Hires
1. The Company enters into all agreements with the Customer solely on the terms of these conditions alone and no representation, warranty, collateral or otherwise shall bind the Company
2. The Company, the Customer and its representatives agree to always act in good faith
3. All orders placed by The Customer shall only be deemed as accepted when acknowledged as being so by The Company
Quotations & Rates
1. The Company will provisionally reserve or ‘pencil’ Goods for the Customer. Currently the Customer has first option on the pencilled Goods
2. The Customer acknowledges that a pencil does not constitute a guaranteed reservation of Goods but a ‘first refusal’ on the dates provided by the Customer
3. The Customer acknowledges that a job ‘confirmation’ guarantees the availability and locked pricing of the Goods. The Company reserves the right to make reasonable adjustments to pricing where Equipment is no longer available
4. Where the Customer is unable to offer a hire confirmation the Company reserves the right with reasonable notice to offer its Goods to other customers who can offer hire confirmation
5. The Company charging policy on ‘travel days’ is 50% of the daily total prior to any discounts, promotions or account credits unless otherwise agreed in writing
6. The Company does not charge for ‘camera prep’ days. However the Company reserves the right to recharge for any expenses incurred to facilitate a camera prep day
Terms of Payment
1. The Customer will be required to make payment in full prior to the release of Goods until such time the Company is satisfied to offer a credit facility at its discretion
2. The Company reserves the right to withdraw or adjust the credit terms (including removal of any discounts) on the Customers account without notice in the event of non-payment or late-payment of invoice(s) by the Customer
3. Unless otherwise stated by a Company representative all invoices applicable to credit account holders are to be paid in full to the Company within a period that does not exceed 30 days
4. Customers with Trading Accounts set up under the guise of a Special Purpose Vehicle (SPV) may be required to make payment in advance of Services before Goods are released to the Customer or a representative of the Customer by the Company.
5. The Customer acknowledges that upon confirming a Service they enter a contract with the Company pertaining to the payment within the credit terms for Goods and/or Services performed by the Company and that the Customer must ensure that the funds are available to them to make payment within the terms before confirming the Service
6. In the event of late payment the Company reserves the right to retrospectively charge a late payment fee of 1.25% per seven days from the point of the invoice(s) falling overdue and to retrospectively waive any agreed discount applied to the original invoice.
7. Where it is believed that a Customer will not be faithful to paying an invoice in full beyond the agreed period a debt collector may be appointed. In addition to recovering the value of the invoice the Company will seek to recover any related expenses
8. In the event of a defaulted payment the Company reserves the right to withhold Goods or services which are the subject of any contract with the Customer and/or cancel any subsequent contract with the Customer without notice
9. The Company shall be entitled to end any contract without notice in the event of the bankruptcy, insolvency or liquidation of the Customer at any time during the contract and recover its Goods
Period of Hire
1. With respect to any hire Goods, these Terms & Conditions are active from the point of the issuing and return of all Goods. This is extended to include all post hire checks by the Company to ensure that all Goods have been returned in a satisfactory order
2. Further to item 6a, the terms described in section 12 (Cancellation & Curtailment) shall become active from point of Service confirmation in writing
3. Risk in all hired Equipment will pass onto the Customer when leaving the possession and control of the Company which is authenticated through a physical or digital signature. Risk in hired Equipment shall not pass back to the Company until the Goods are returned and in the possession of the Company
4. The Company is liable for all Goods when in transit to a delivery location to the Customer. At this point risk is transferred to the Customer. Risk shall transfer back to the Company where a collection has been made and arranged with the Company. Where arrangements have been made to return the Goods via a third party (a courier for example), risk shall transfer back to the Company upon return to its premises
5. The Customer is required to sign a ‘Returns Note’ to indicate return of the Goods back to the possession of the Company
6. The Customer will notify the Company if they require hiring any equipment beyond the contracted period. In this event the Company cannot guarantee any extensions on hired Equipment
7. All trading terms connected to Period of Hire and Cancellation/Curtailment shall operate within the Companies trading hours which are 8am to 6pm, Monday to Friday
The Company’s & Customers Liabilities
1. Provisions for all downtime caused by Equipment that has developed fault must fall within the Customers insurance policy
2. It is the Customers responsibility to ensure all hired Goods are packed appropriately for travel and that traveling Goods fall in accordance with airline restrictions including the airlines battery policy
3. It is the responsibility of the Customer to ensure all items are packed and returned in the same manner in which they were delivered to the Customer
4. It is the responsibility of the Customer to ensure that any Goods hired from the Company are returned in full by the contracted end date
5. It is the responsibility of the Customer to ensure the full return of any confiscated Goods however this occurs. Loss of Hire may be applied at the discretion of the Company and the Customers insurance policy must cover the period in which any Goods are confiscated and not in the care of either the Customer or the Company
6. The Company does not accept responsibility for any incompatibilities between its Goods and/or third party equipment not supplied by the Company
7. The Company strongly recommends the use of a Digital Imaging Technician (DIT) professional and is in no way responsible for consequential losses or corruption to data recorded onto solid state digital media. Provisions for all losses and downtime must fall within the scope of the Customers insurance policy
8. The Company may assist the Customer in any data recovery that may be required but this is at the discretion of the Company and any costs relating to a recovery of data are the sole liability of the Customer
9. The Customer shall inform insurers of the Companies Terms & Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against The Company
10. The Customer acknowledges that any preps, tests or de-rigs that occur on the premises of the Company will be at the discretion of the Company. During a prep, test or de-rig any representative of the Customer shall not remove any Goods from the Company’s premises without agreement from a representative of the Company
11. It is the responsibility of the Customer to ensure all Goods are handled correctly and safely by the representatives of the Customer and any losses or damages that occur while the Goods are in the care of the Customer and/or their representatives in the premises of the Company are the liability of the Customer. The Company reserves the right to invoice the Customer for any losses or damages that occur during the period of a prep, test, or de-rig in the premises of the Company while the Goods were in the care of a representative of the Customer
12. The Customer acknowledges that any written or verbal communication between the Customer and a representative of the Company are confidential and will not be shared with any third party without the mutual permission of the Company and Customer
Special Order Items
1. Special Order items are Goods purchased or manufactured by the Company for hire to the Customer for a specific project. Circumstances that classify an item as Special Order include but is not limited to specifically purchased items, items that are unavailable to sub-hire, one-of-a-kind items, specially manufactured items, specifically imported items, specifically designed items and products not available in the wider market at the time
2. Where The Company must purchase Special Order Goods it will notify the Customer in writing before the Goods are ordered by the Company
3. The Company reserves the right to re-charge any re-stocking fees it incurs should the Customers project be cancelled
4. The Company reserves the right to apply a 10% administration surcharge of to any restocking fees that are incurred by the Company from its suppliers
The Customers Insurance
1. The Customer will be required to demonstrate valid and sufficient insurance cover before the release of any Goods from the Company to the Customer. All Equipment hired to the Customer must be insured against “All Risks” to full replacement value
2. The Customers insurance policy shall cover for all instances of damage or loss to Goods including but not limited to the full replacement value of the Equipment, the full cost of repairing any damage and the Loss of Hire charges also known as Continuing Hire charges detailed in clause 9e).
3. The Company shall offer the Customer full transparency in around the status and updates around replacement values, repair costs and daily rates related to continuing hire
4. The Company shall make best efforts to mitigate costs for the Customer that arise from missing and damaged items
5. The Loss of Hire charge will not exceed a continuous hire period of thirteen weeks OR a total accrual of £100,000 exclusive of VAT whichever occurs first.
6. In the event of an insurance claim resulting from loss or damage to Company property including but not restricted to hired Goods, the Customer shall offer their co-operation and full transparency to the Company at its request
7. The Customer must inform the Company before utilising any hired Goods within a hazardous environment or taking any Goods outside the UK
8. The Customer must inform the Company before utilising any hired Goods in any extreme weather and make necessary precautions to protect its Goods
9. In the event of any loss or damage to Equipment belonging to the Company, where the Customer makes an insurance claim against their policy the Customer acknowledges they remain the liable party for payment on invoices from the Company
10. The Company reserves the right to communicate directly with the insurance broker, company or loss adjuster of the Customer where such a need arises
Damaged or Non-returned Goods
1. All Equipment must be returned to the Company in full and in perfect functional order. Fair wear and tear is accepted
2. Upon return of all hired Goods, the Company will perform a ‘Check-In” process that involves item specific assessments before restocking. Any instances of missing or damaged items/components will be flagged to the Customer once the aforementioned process is complete
3. The Customer will immediately notify the Company in writing of any theft of Goods whilst in their care and guarantee full transparency, disclosure and availability with the Company throughout any insurance claim made on the Customers policy
4. The Company shall always endeavour to repair any Goods returned damaged by the Customer. Where Goods are returned damaged beyond repair or acceptable wear and tear, the Customer will be liable for the full replacement new value of damaged or destroyed Goods. Where models have been superseded, the replacement must be the next reasonable alternative that is equal to or greater in specification
5. The Customer will ensure the Goods are treated with the best of care and accept they are accountable for anything deemed beyond reasonable wear and tear. In the event of missing, damaged or destroyed Goods the Company may recover any “Loss of Hire” also known as Continuing Hire until the item(s) is replaced, restored or repaired by the Company and the invoices from the Company to the Customer relating to the replacement, repair, or restoration of any lost, damaged or destroyed Goods is paid in full by the Customer.
6. Where loss or damage to Goods is found by the Company as part of the Check-In process the Customer will be contacted by the Companies ‘Asset Control’ department.
7. All externally sourced hire Goods or representatives are subject to all terms and conditions described in these Terms & Conditions
8. The Company reserves the right to apply Loss of Hire charges in instances of Goods being made unavailable through damage or unreturned Goods and/or its components
9. Asset Control invoices may be subject to administration, shipping, transportation and Loss of Hire charges at the discretion of the Company
10. The Company reserves the right to charge for any branding or removed by the Customer.
11. Goods returned to the Company in a non-permanent state of poor order will be subject to restoration or cleaning charges determined at the Company’s discretion
12. The Customer may be charged for any blown light bulbs not returned to the Company
13. The Company at its discretion reserves the right to apply daily hire charges for recording media including but not limited to solid state memory cards which are unreturned on the agreed return date
14. The Customer shall be invoiced for the hire contract upon the return of the hired Goods.
Late Returns
1. The Equipment must be returned to the Company before 10:00am on the first business day following the period of hire unless otherwise agreed with the Company. Late returns may incur penalty fees calculated from the published daily rate
Cancellation / Curtailment
1. Where Goods have been assigned to a confirmed booking the Company reserve the right to at its discretion charge up to 100% of the order value if the Customer provides 24 hours’ notice or less of cancellation
2. Where Goods have been assigned to a confirmed booking and the Customer provides between 24 and 48 hours’ notice the Company reserves the right to charge the Customer up to 50% of the order value
3. In instances of cancelled pencil bookings, the Company at its discretion reserves the right to apply charges where one or more of its representatives have committed substantial time in assisting the Customer through cost estimation or technical consultation
4. For long-form contracts (Services supplied for a duration greater than two weeks) an early curtailment must be given in writing and be agreed by The Company. All curtailments may be subject to a 20% charge of the remaining Service duration in lieu of notice at the agreed weekly hire rate inclusive of discounts
5. In the event a production is required to go on ‘hiatus’ unexpectedly, the 20% curtailment terms described in item 12e may still apply. The Customer shall ensure all Goods remain insured by the Customers policy during any periods of hiatus until return of Goods to the Company
6. The Customer acknowledges that any discounts applied are at the Company’s discretion and based on the agreed hire length at the time of applying discount. The Customer agrees that in the event of a curtailment the Company reserves the right to retrospectively waive or reduce the discount previously applied
Use of Equipment
1. The Customer will ensure all Equipment is operated by experienced and qualified personnel only
2. The Customer will disclose any known user unfamiliarity or general inexperience with any hired Goods before release to them or before any representative attends a prep, test or derig on the Company’s premises
3. The Customer will never leave any hired Goods from The Company unattended in a vehicle, public place or unsecured building
4. Under no circumstances may the Customer 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.
Deliveries & Collections
1. The Company reserves the right to decline a Customer collection from its premises where the vehicle is deemed insufficient for any reason
2. Where there are no reasonable loading and/or unloading provisions the Company reserves the right to charge on parking penalties, waiting time and/or loading time incurred whilst performing deliveries or collections on behalf of The Customer
3. For scheduled collections or deliveries of Goods the Company at its discretion may apply charges in accordance with its waiting policy
4. The Company reserve the right at its discretion to apply surcharges for transportation of Goods outside office hours
Company Vehicles
1. No person other than a person authorised by the Company may drive any vehicles supplied by the Company to the Customer. Where such vehicles are used by or on behalf of the Customer in circumstances not covered by the Company’s insurance policy the Customer must hold and effect the appropriate insurance
Condition of Goods
1. The Company will maintain all Equipment to the highest possible standard. In the event of equipment malfunction the Customer must contact the company immediately. The Customer will not attempt to repair or modify Goods hired from the Company without authorisation from a Company representative
2. The Customer agrees to notify the Company immediately in instances where Goods have developed a fault so that the Company can attempt to support, troubleshoot or replace the Goods within a reasonable timeframe
Title
1. All Goods hired throughout any contract are and remain the property of the Company
2. Title in all hired Goods always remain with the Company. The Customer has no interest in the Goods other than being hired to the Customer for its functional use. The Customer will not assume ownership or act in selling, loaning, securing, mortgaging or pledging any hired equipment belonging to the Company.
Customers Property
1. The Company is not responsible for any Customer property which is left on the Company premises beyond a period of four weeks, where reasonable efforts will be made to arrange return. Any property left on site beyond this period will be disposed of accordingly.

Terms & Conditions of Hire