These Terms and Conditions of Hire apply to the hire of filming and photography equipment from:

Kit Cabin Limited
Company number: 12718825
Registered office: Unit 4a, Exhibition Way, NEC, Birmingham, B40 1PJ
Email: [email protected]
Telephone: 01212850021
Website: kitcabin.co.uk
VAT number: 353481594

In these terms, “Kit Cabin”, “we”, “us” and “our” mean Kit Cabin Limited.

2.1 These terms apply to all hires of Equipment from us, whether you are:

• a Consumer; or
• a Business Customer.

2.2 If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you are a Consumer.

2.3 If you are hiring in connection with any trade, business, craft or profession, or on behalf of a company, partnership, sole trader, charity, school, university, public body or other organisation, you are a Business Customer.

2.4 Some clauses apply to everyone, while some apply only to Consumers or only to Business Customers. Where this is the case, the clause will say so.

2.5 These terms should be read together with:

• your Order Confirmation;
• our Deposit Policy: https://temp.kitcabin.co.uk/payments-deposit
• our Security Options page: https://temp.kitcabin.co.uk/security-options
• our Loss and Damage page: https://temp.kitcabin.co.uk/loss-and-damage
• our Returns and Refunds Policy: https://temp.kitcabin.co.uk/returns-and-refunds
• our Privacy Policy: https://temp.kitcabin.co.uk/privacy-policy

2.6 If there is any conflict between these terms and another document, the following order of priority applies:

1. the Order Confirmation;

2. the relevant policy page;

3. these Terms and Conditions of Hire.

In these terms:

“Business Customer” means any person or entity hiring Equipment in connection with a trade, business, craft or profession.

“Click and Collect” means any collection and return service or location approved by us.

“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

“Courier” means any third-party delivery or collection service used by us or by you.

“Deposit” means any security deposit, card pre-authorisation, or other security we require in connection with a hire.

“Equipment” means the goods listed in the Order Confirmation, including all accessories, batteries, chargers, storage media, cases, packaging, straps, cables, adapters and any replacement items supplied with them.

“Hire Period” means the period shown in the Order Confirmation or otherwise agreed in writing between us. Unless stated otherwise:

• for courier orders, the Hire Period starts when the Equipment is delivered to the delivery address;
• for click and collect orders, the Hire Period starts when the Equipment is collected;
• the Hire Period ends when the Equipment is returned in accordance with our instructions and accepted back by us or our authorised agent.

“Order” means your request to hire Equipment from us.

“Order Confirmation” means our written acceptance of your Order.

“Security Option” means any accidental damage waiver, security arrangement, or similar option offered by us and selected by you.

4.1 By placing an Order, you confirm that:

• you are at least 18 years old;
• all information you provide is true, accurate and complete;
• you are legally capable of entering into a binding contract; and
• you will comply with these terms and all applicable laws and regulations.

4.2 If you place an Order on behalf of a Business Customer, you confirm that you have authority to bind that Business Customer to these terms.

4.3 We may carry out identity, address, anti-fraud, payment, credit, verification and risk checks before accepting an Order or releasing Equipment.

4.4 We may ask you to provide photo ID, proof of address, payment verification, insurance documents, business details or any other information reasonably required to verify your Order.

4.5 We may refuse, suspend or cancel an Order if:

• we are unable to verify your identity, address, payment method or insurance where required;
• we reasonably suspect fraud, theft, misuse or other unlawful activity;
• the Equipment is unavailable;
• we are not satisfied with the intended use of the Equipment; or
• we reasonably believe the hire presents an unacceptable commercial, legal or security risk.

5.1 An enquiry, quotation, basket, telephone discussion or email exchange does not create a booking or reserve Equipment.

5.2 A contract is formed only when we issue an Order Confirmation.

5.3 We may refuse any Order at our discretion.

5.4 Any minimum order values, deposit requirements, insurance requirements or security requirements will be as stated during booking, in the Order Confirmation, or in the linked policies.

6.1 Unless we agree otherwise in writing, all hire charges, delivery charges, return charges, deposits and any selected Security Option fees must be paid in full before dispatch or collection.

6.2 All prices are subject to VAT where applicable.

6.3 If we agree to issue an invoice to a Business Customer, payment is due in accordance with the invoice terms.

6.4 If a Business Customer fails to pay on time, we may:

• charge interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
• suspend or cancel any current or future hire; and
• recover any reasonable debt recovery or legal costs.

6.5 You must pay all amounts due without deduction, set-off, counterclaim or withholding, except where required by law.

7.1 We may require a Deposit before dispatch or collection. The amount may depend on the Equipment selected, the value of the Order, the length of hire, your account status, the intended use, the results of verification checks and any selected Security Option.

7.2 Details of our deposit arrangements are set out in our Deposit Policy:
https://temp.kitcabin.co.uk/payments-deposit

7.3 We may hold a Deposit by card pre-authorisation or by taking payment. We may use the Deposit to cover any amounts due under these terms, including:

• unpaid hire charges;
• late return charges;
• cleaning charges;
• missing parts;
• repair or replacement costs;
• failed collection or courier charges;
• recovery costs; and
• any other loss or charge properly due to us.

7.4 Where available, you may be offered a Security Option. Any Security Option applies only on the terms stated on our Security Options page and in your Order Confirmation:
https://temp.kitcabin.co.uk/security-options

7.5 Unless expressly stated otherwise, a Security Option does not cover all risks and does not remove your obligation to take proper care of the Equipment.

7.6 Depending on account status, order value, intended use and verification results, we may require proof of insurance before releasing Equipment.

7.7 Where insurance is required, we may require cover for:

• hired-in equipment;
• accidental damage;
• loss or theft; and
• public liability or other liability cover, particularly for Business Customers or higher-risk use.

7.8 If we ask for insurance and you do not provide satisfactory evidence before dispatch or collection, we may refuse, delay or cancel the Order.

8.1 The Equipment remains our property at all times.

8.2 You hire the Equipment from us for the Hire Period only. No ownership rights transfer to you.

8.3 You must not:

• sell, assign, mortgage, charge, pledge or otherwise deal with the Equipment as owner;
• sub-hire, lend, transfer or part with possession of the Equipment without our prior written consent;
• remove, alter or obscure any serial number, label, barcode, tag or identifying mark on the Equipment; or
• allow any lien, charge or security interest to arise over the Equipment.

8.4 If you are a Business Customer, you remain fully responsible for the Equipment and for compliance with these terms by your employees, officers, freelancers, contractors, agents and anyone else using the Equipment on your behalf or with your permission.

8.5 We may ask you to confirm where the Equipment is located and, where reasonable, permit us to inspect it.

8.6 You must not take the Equipment outside the United Kingdom without our prior written consent.

9.1 You are responsible for ensuring that the Equipment is suitable for your intended purpose.

9.2 Any advice, recommendations or guidance we give is provided in good faith for general assistance only and does not amount to a guarantee that the Equipment will achieve your desired result.

9.3 You are responsible for checking compatibility where you intend to use your own accessories, media, lenses, supports, power supplies, software or other equipment with our Equipment.

9.4 You are liable for any damage caused by incompatible, defective or unsuitable third-party equipment used with our Equipment.

10.1 You must:

• use the Equipment carefully, lawfully and only for its proper purpose;
• follow any instructions provided by us or the manufacturer;
• keep the Equipment secure and protected at all times;
• take proper precautions against theft, loss, damage, misuse, weather, moisture, sand, grit, dirt, impact, overheating and similar risks;
• keep the Equipment under your control during the Hire Period; and
• stop using the Equipment immediately if it appears faulty, unsafe or damaged and notify us promptly.

10.2 You must not:

• use the Equipment for any illegal purpose;
• use the Equipment recklessly, negligently or in an abusive manner;
• use the Equipment in any hazardous, abnormal, stunt, marine, aerial, high-impact, vehicle-mounted or similarly high-risk environment without our prior written consent;
• dismantle, open, alter, modify or attempt to repair the Equipment;
• install unauthorised firmware or software updates; or
• remove supplied components and substitute your own items when returning the Equipment.

10.3 If you intend to use the Equipment abroad, on specialist rigs, in unusual environments, or for unusual productions, you must tell us before booking and obtain our written approval.

11.1 Any storage media supplied by us remains our property unless we expressly state otherwise.

11.2 You are responsible for deciding whether the supplied media type and capacity are suitable for your needs.

11.3 You are solely responsible for backing up, copying and preserving your footage, images, audio and other data.

11.4 Any storage media returned to us may be erased, reformatted, reused or otherwise wiped without notice.

11.5 We are not responsible for:

• loss of data;
• corrupted files;
• failure to transfer data before return;
• viruses, corruption, formatting issues or bugs affecting your own media or equipment,
  unless caused by our failure to use reasonable care and skill.

12.1 The Equipment will be delivered, made available for collection, or collected for return in accordance with the Order Confirmation.

12.2 For courier deliveries:

• risk passes to you on delivery to the delivery address;
• you must ensure that someone is available to accept delivery on the agreed date; and
• if delivery is attempted and no one accepts it, the Hire Period will still begin as scheduled unless we agree otherwise in writing.

12.3 Couriers may use delivery scans, geolocation records and delivery photographs as proof of delivery. A signature may not always be obtained. You agree that such records may be used as evidence that delivery took place.

12.4 A courier’s responsibility is to deliver to the delivery address, not necessarily to a named individual. We are not responsible where a person at the address accepts delivery without your authority, or where the courier follows delivery instructions given in your name.

12.5 If you redirect a parcel, nominate a safe place, use a local pickup point, or otherwise change the delivery or return route, the Equipment is at your risk from the time that instruction takes effect.

12.6 For Click and Collect orders:

• collection and return must take place at the agreed location and during the applicable opening hours or time window;
• we may require valid photo ID before releasing Equipment; and
• risk passes to you when the Equipment is handed over.

12.7 If you arrange your own courier or delivery agent, that person acts on your behalf and the Equipment is at your risk from the time it is handed over to them until we receive it back.

13.1 You must inspect the Equipment promptly on delivery or collection.

13.2 You must notify us as soon as reasonably possible, and in any event before using the Equipment, if:

• anything is missing;
• the Equipment is visibly damaged;
• the wrong item has been supplied; or
• the Equipment appears not to be working as expected on arrival.

13.3 If you use the Equipment without reporting an obvious shortage, error or issue, we may treat the Equipment as accepted in the condition supplied, subject to your legal rights if you are a Consumer.

14.1 The Hire Period is the period stated in the Order Confirmation, unless extended by us in writing.

14.2 If you want to extend the Hire Period, you must contact us as early as possible. Any extension is subject to availability and is not guaranteed.

14.3 You must return the Equipment on time and in accordance with our instructions.

14.4 The Equipment must be returned:

• with all supplied parts and accessories;
• in the correct cases and packaging where provided;
• properly packed and sealed for transit where applicable; and
• in the same condition as supplied, subject only to fair wear from proper use.

14.5 You remain fully responsible for the Equipment until it is returned and accepted back by us or our authorised agent.

14.6 If a courier collection is arranged, the Equipment must be ready for collection at the agreed place and during the agreed collection window.

14.7 If you return the Equipment early, we are not obliged to refund unused hire days unless required by law or expressly agreed in writing.

15.1 If Equipment is returned late, we may charge:

• an additional daily hire charge for each extra day or part day, at the applicable daily rate;
• any failed collection charge, rebooking charge or additional courier cost;
• any loss of hire or cross-hire cost reasonably incurred because the Equipment was unavailable for another booking.

15.2 If you fail to return the Equipment and do not contact us promptly to agree an extension, we may:

• take steps to recover the Equipment;
• charge you for ongoing hire and related losses;
• use your Deposit to cover amounts due; and
• where appropriate, report the matter to the police or relevant authorities.

16.1 From the time risk passes to you until the Equipment is returned and accepted back by us, you are responsible for any loss, theft, damage or destruction of the Equipment, however caused, subject to any applicable Security Option, Deposit arrangement or approved insurance.

16.2 If Equipment is returned damaged, incomplete, excessively dirty, or not returned at all, we may charge for:

• inspection and administration;
• cleaning;
• repair;
• replacement with an equivalent new item or current replacement model;
• missing accessories, cases, batteries, chargers, media or other components;
• loss of hire or cross-hire costs directly resulting from the issue; and
• recovery or courier costs.

16.3 Further details of charges and processes are set out in our Loss and Damage page:
https://temp.kitcabin.co.uk/loss-and-damage

16.4 If we notify you that part of a kit is missing, you must return that item promptly using a secure tracked service if requested. If it is not returned within the period we specify, we may charge the replacement cost and any applicable administration fee.

16.5 If Equipment is lost or stolen, you must:

• notify us immediately;
• provide all information we reasonably request;
• report the matter to the police without unnecessary delay where theft is suspected; and
• provide a crime reference number where applicable.

17.1 Our cancellation, amendment and refund rules are set out in our Returns and Refunds Policy:
https://temp.kitcabin.co.uk/returns-and-refunds

17.2 If you wish to cancel or amend an Order, you must contact us using the details above. A cancellation or amendment is effective only when we confirm it in writing.

17.3 Consumer cancellation rights:
If you are a Consumer, your legal rights are not affected. Any statutory right you may have to cancel will be set out in the Returns and Refunds Policy and will apply in accordance with the law.

17.4 Business Customers do not have statutory cooling-off rights.

18.1 We may suspend, refuse or terminate a hire immediately if:

• you fail to make a payment when due;
• you breach these terms;
• you provide false, incomplete or misleading information;
• we cannot complete verification checks to our satisfaction;
• we reasonably believe the Equipment is at risk;
• we reasonably believe the Equipment is being used unlawfully, dangerously or outside the agreed purpose; or
• if you are a Business Customer, you become insolvent, cease trading, enter administration or liquidation, or we reasonably believe you are unable to meet your obligations.

18.2 If we suspend or terminate the hire, you must immediately return the Equipment or make it available for collection as instructed.

18.3 Suspension or termination does not affect our right to recover any sums already due or any loss suffered because of your breach.

19.1 Nothing in these terms excludes or limits liability that cannot legally be excluded or limited, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; and
• if you are a Consumer, your statutory rights under consumer law.

19.2 Subject to clause 19.1, different liability rules apply depending on whether you are a Consumer or a Business Customer.

Consumers

19.3 If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill.

19.4 We do not accept liability for:

• loss or damage that is not foreseeable;
• loss or damage caused by your failure to follow instructions, use the Equipment properly, or back up data;
• business losses of any kind, including loss of profit, loss of business, loss of contracts, loss of opportunity, or loss of revenue;
• any loss of footage, images, audio or data unless caused by our failure to use reasonable care and skill;
• delays or failures caused by events outside our reasonable control.

19.5 Nothing in these terms affects your legal rights as a Consumer.

Business Customers

19.6 If you are a Business Customer, we shall not be liable to you for any:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of anticipated savings;
• loss of production time;
• loss of contract;
• loss of data; or
• indirect or consequential loss.

19.7 Subject to clause 19.1, our total aggregate liability to a Business Customer arising out of or in connection with any Order, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall be limited to:

• the liability cap stated in the Order Confirmation or otherwise notified in writing before acceptance of the Order; or
• if no separate cap is stated, the total charges paid or payable under that Order.

19.8 If you are a Business Customer, you acknowledge that the Equipment is hired for business use and that it is your responsibility to satisfy yourself as to its suitability for your intended purpose.

19.9 If you are a Business Customer, you shall indemnify us against all losses, liabilities, claims, costs and expenses reasonably incurred by us arising out of:

• your breach of these terms;
• the use, possession or operation of the Equipment by you or anyone acting on your behalf; or
• any third-party claim arising from that use,
  except to the extent caused by our negligence or breach of contract.

20.1 We are not liable for delay or failure to perform our obligations where this results from events outside our reasonable control.

20.2 Such events may include severe weather, transport disruption, strikes, governmental action, power failure, network failure, fire, flood, accident, epidemic, pandemic, supply chain interruption, or courier delays outside our reasonable control.

20.3 If such an event occurs, we will try to contact you and take reasonable steps to minimise disruption.

21.1 We process personal data in accordance with our Privacy Policy:
https://temp.kitcabin.co.uk/privacy-policy

21.2 We may use your information to:

• process Orders;
• verify identity, address and payment details;
• carry out anti-fraud and risk checks;
• prevent theft and fraud;
• recover Equipment or unpaid sums; and
• comply with legal and regulatory obligations.

21.3 We may share information with payment providers, fraud prevention agencies, insurers, couriers, professional advisers, debt recovery agents and law enforcement where lawful and appropriate.

21.4 Telephone calls may be recorded or monitored for training, quality, security and dispute resolution purposes.

22.1 All content on our website, including text, images, branding, graphics, logos and layout, belongs to us or our licensors unless stated otherwise.

22.2 You may not copy, reproduce, republish or use any website content except as permitted by law or with our written permission.

23.1 Entire agreement
These terms, together with the Order Confirmation and the policies referred to in clause 2.5, form the entire agreement between you and us in relation to the hire of Equipment.

23.2 Changes to these terms
We may update these terms from time to time. The version in force at the date of your Order will apply to that Order.

23.3 No oral changes
No change to these terms is binding unless agreed by us in writing.

23.4 Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms to another business, provided this does not reduce your rights where you are a Consumer.

23.5 No waiver
If we delay or do not enforce any right under these terms, that does not mean we waive it.

23.6 Severability
If any provision of these terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.

23.7 Third-party rights
A person who is not a party to these terms shall have no right to enforce them, except where the law provides otherwise.

23.8 Governing law
These terms are governed by the laws of England and Wales.

23.9 Jurisdiction for Consumers
If you are a Consumer, you may bring proceedings in the courts of England and Wales and, if you live in another part of the United Kingdom, you may also have any rights available to you under applicable consumer law to bring proceedings in your local courts.

23.10 Jurisdiction for Business Customers
If you are a Business Customer, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms, their subject matter or formation.