Terms

Orders

Conditions

All orders are accepted and goods and equipment sold, repaired, hired, supplied, etc. by Finepoint Broadcast Ltd (whether the acceptance is so expressed or not) only on terms of these conditions. In the case of any difference between these conditions and those of the Customer these conditions shall prevail. No amendment, modification or waiver of these conditions shall be of any effect unless agreed in writing by Finepoint Broadcast Ltd.


Packing and Transport


Except when pre-arranged, all prices are ex-works London. It is the responsibility of the Customer, or his transporters, representative or any person taking possession of the equipment on his behalf to inspect the goods prior to signing acceptance of their condition at the time of delivery from the premises of Finepoint Broadcast Ltd or at the time of delivery by a shipper appointed by Finepoint Broadcast Ltd. Used goods are sold off the shelf and packaging will be charged at extra cost and must be requested by the Customer in writing prior to shipping.


Delivery Delays


The delivery date given is not intended to be binding and under no circumstances, unless pre-agreed in writing by Finepoint Broadcast Ltd shall Finepoint Broadcast Ltd services be held responsible financially or otherwise, for direct or indirect inconvenience or costs due to a delay in supply when that delay is beyond the control for whatever reason of Finepoint Broadcast Ltd, neither shall it entitle the Customer to a cancellation of his order.


Deposits


Deposits paid by the Buyer to the Seller are non-refundable unless Finepoint Broadcast Ltd are unable to supply. A 10% (ten percent) deposit will be required with purchase order for goods not in stock with Finepoint Broadcast Ltd.


Payment Terms


Except when pre-arranged, cleared funds are required prior to release. Bank Transfer, Bankers Draft, or Cash. Confirmed Letter Of Credit and agreed Finance company payment are also acceptable methods of payment. A 10% deposit is required on all New Equipment Orders.


VAT


VAT is not charged on Transactions if outside the EEC, but proof of export is required by way of a completed and stamped C88 export form. Failure to return this form Finepoint Broadcast Ltd and the buyer agrees to a charge for the VAT on any transaction.


Transfer of Ownership


Goods remain the property of Finepoint Broadcast Ltd until payment has been received in full.Finepoint Broadcast Ltd will retain ownership until such time as full payment is made. If the customer fails to make payment to Finepoint Broadcast Ltd, enters into bankruptcy, liquidation or a composition with it's creditors, has a receiver, manager, administrator or administrative receiver appointed of all or part of its assets, or becomes insolvent, Finepoint Broadcast Ltd reserves the right without prejudice to require the customer to deliver up the goods to Finepoint Broadcast Ltd and, if the customer fails to do so forthwith, to enter without prior notice upon the premises of the customer or any third party where the goods are being stored and repossess the goods. The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the goods which remain the property of Finepoint Broadcast Ltd.


Warranty on new equipment


New goods are supplied under the terms of the manufacturer's warranty.


Warranty on used equipment


Used equipment is warranted for 3 months parts and labour against manufacturer's defects, excluding video heads, tubes, CCD blocks and CMOS and associated circuitry parts, optical pick up devices and magnetic pick up devices and all fair wear and tear. The external aspect of the equipment is not covered under the terms of the warranty and receipt of the order is an acceptance of the current external aspect of the goods. Repairs carried out under the terms of the warranty must be carried out by a Finepoint approved engineer. It is the responsibility of the Customer to ensure that the equipment is returned to Finepoint Broadcast Ltd for the repairs to be carried out and collected after inspection or repair has been completed. Any damage or fault due to mishandling, abuse or amateur use or installation is not covered by the terms of warranty. The warranties are specifically limited to the Customer. No warranty is made to any other person, whether subsequent buyer or user or customer, or to any bailee, licensee, assignee, employee, agent or otherwise. If the Customer makes an invalid claim under any warranty, Finepoint Broadcast Ltd may charge the Customer for its fees and costs of examining, storing, repairing and replacing the Products and dealing with the claim and removing and delivering the Products.


Transfer of Warranty


Any warranty on equipment is not intended for equipment purchased with the view to be retailed and therefore when the equipment is sold during the period of the warranty Finepoint Broadcast Ltd must immediately be notified to avoid nullification of the warranty. Finepoint Broadcast Ltd reserves the right to refuse the transfer of warranty.


Warranty Liability


Finepoint Broadcast Ltd are not liable for the cost of delivery and expedition of equipment repaired under the terms of warranty. For any loss of income due to the occurrence of the fault, including damage to master tapes, loss of footage or any type of damage to film, video or sound recording, etc. or for the cost of replacement goods during the length of the repair. The Customer should contract his own Insurance to cater for any of these eventualities.


Sales or return Agreements


Sale or return is offered at Finepoint Broadcast Ltd's discretion only. All goods to be insured by the customer whist in his/her possession. Goods to be returned immediately on demand of Finepoint Broadcast Ltd.


Rented or loand goods


A cheque for the total value of the equipment may be required. Full insurance must be provided by the Customer. The Customer is responsible for any damage whatsoever to goods while in their possession, including during transport, and will be invoiced for the cost of repair. All goods returned late will be charged on a daily rental basis. When goods are returned more than 30 (thirty) days after the agreed date, the cheque will be cashed, invoiced and the equipment is then considered sold. No recourse will then be available. Warranty terms will also be voided.


Litigation


The hereby contract between the Customer and Finepoint Broadcast Ltd shall take place under English law and any final settlement in a dispute shall be determined by the English courts of law by whose jurisdiction and decision Finepoint Broadcast Ltd and the Customer agree to be bound.

All equipment is quoted and supplied subject to our standard terms of hire, E & OE….

1. Interpretation

1.1 In these Terms:

“Equipment” means the Equipment (including any parts for them) which Finepoint is to supply in accordance with these Terms

“Finepoint” means Finepoint Broadcast Limited, Hill House, Furze Hill, Kingswood, Surrey

“Hirer” means the company firm or individual which accepted Finepoint’s quotation for the Hire of the Equipment

“Terms” means the standard terms of hire set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Hirer and Finepoint

2. Basis of the Hire

2.1 Finepoint shall hire the Equipment to the Hirer in accordance with Finepoint’s quotation subject to these Terms which shall govern the hire agreement between the parties to the exclusion of any other terms.

2.2 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Hirer and Finepoint.

2.3 Any advice or recommendation given by Finepoint or its employees to the Hirer or its employees as to the storage, application and use of the Equipment if followed is acted on entirely at the Hirer’s own risk and accordingly Finepoint shall not be liable for any such advice or recommendation.

3. Orders

3.1 The Hirer shall be responsible to Finepoint for ensuring the accuracy of any order (including any applicable specification) submitted by the Hirer.

3.2 The description of the Equipment and any specification for it shall be as set out in Finepoint’s quotation. In the absence of a specific piece of equipment Finepoint will provide a suitable alternative.

4. Cancellation

4.1 The Hirer will not cancel any hire agreement except with the agreement in writing of Finepoint and on terms that the Hirer shall indemnify Finepoint in full against all loss (including loss of profit) costs (including the cost of all labour and materials), damages, charges and expenses incurred by Finepoint as a result of cancellation.

5. Hire Period

5.1 The Hire Period commences on delivery (see clause 9 below);

5.2 The Hire Period terminates on the day of return of the Equipment to Finepoint or sooner under clauses 17 and 18.

6. Hire Charges

6.1 Payment for hire of Equipment shall be Finepoint’s quoted rate for the Hire Period or where no rate has been quoted (or a quoted rate is no longer valid), the rate listed in Finepoint’s published rate card current at the date of the agreement.

6.2 All rates quoted are valid for 30 days only, after which they may be altered by Finepoint without giving notice to the Hirer.

6.3 Finepoint reserves the right by giving written notice to the Hirer at any time before delivery, to increase the rate of the hire of the Equipment to reflect any increase in costs to Finepoint which is due to any factor beyond the control of Finepoint (such as, without limitation, alteration of duties, significant increase in the cost of labour, materials or other costs), any change in delivery dates, quantities or specifications for the Equipment which is requested by the Hirer or any delay caused by any instructions of the Hirer or failure of the Hirer to give Finepoint adequate information or instructions.

6.4 The rate is exclusive of any applicable value added tax which the Hirer shall be additionally liable to pay to Finepoint.

7. Terms of Payment

7.1 Subject to any special terms agreed in writing between the Hirer and Finepoint, Finepoint shall invoice the Hirer on or at any time after delivery of the Equipment.

7.2 The Hirer shall pay the full charges for the Hire Period without any deductions on the terms agreed and Finepoint shall be entitled to recover payment. The time of payment shall be of the essence of the agreement. Receipt for the payment shall be issued only on request.

7.3 If the Hirer fails to make any payment on the due date then, without limiting any other right to remedy available to Finepoint, Finepoint may:

7.3.1 cancel the contract or suspend any further deliveries to the Hirer;

7.3.2 charge the Hirer interest (both before and after any Judgment) on the amount paid at the rate of 5% above the base rate of the Bank of Scotland from time to time, until payment in full is made (part of a month being treated as a full month for the purpose of calculating interest).

8. JFMG Licence

8.1 Subject to the provisions of clause 11.4 FinePoint cannot on agreement between the parties apply on the Hirer’s behalf for JFMG licences. Hirers can contact JFMG at admin@jfmg.co.uk or by applying online at www.jfmg.co.uk.

9. Delivery

9.1 Delivery of the Equipment shall be made either

9.1.1 by the Hirer or its agent collecting the Equipment at Finepoint’s premises; or

9.1.2 by Finepoint or its agent delivering the Equipment to a place agreed by the parties.

9.2 The hire sheet must be signed by the Hirer or its authorised representative. By so signing, the Hirer accepts that the Equipment is of satisfactory quality and fit for its purpose.

9.3 Any damage to the Equipment on delivery must be noted by the Hirer or its authorised representative on the hire sheet. If the Hirer does not notify Finepoint accordingly, the Hirer shall not be entitled to reject the Equipment and Finepoint shall have no liability for any defect or failure and the Hirer shall be bound to pay the full Hire Payment as if the Equipment had been delivered in accordance with the hire agreement.

10. Risk and Property

10.1 Risk of damage to or loss of the Equipment shall pass to the Hirer on delivery.

10.2 Ownership of the Equipment at all times belongs to Finepoint.

11. Hirer’s use of the Equipment

11.1 The Hirer shall not make any modifications to the Equipment, dismantle the Equipment nor remove from the Equipment any notice, bar code or serial number without the prior written consent of Finepoint.

11.2 The Hirer shall not permit the Equipment to be used in any hazardous or dangerous manner.

11.3 It is the Hirer’s responsibility to ensure that the Equipment is used only in a proper manner for the purpose for which it was intended and designed by a competent person or persons without risk to health and safety and not contrary to any law.

11.4 The Hirer must apply for any licences, authorisations or permits necessary regarding possession and use of the Equipment in any jurisdiction.

12. Redelivery and Storage

12.1 The Equipment must be returned by the Hirer to Finepoint at the Hirer’s own risk and expense in good condition and state of repair either:

12.1.1 by the Hirer returning the Equipment to Finepoint’s premises; or 12.1.2 by Finepoint collecting the Equipment from a location agreed between the parties.

12.2 Prior to its return the Hirer must erase all recorded content whether audio, data or video.

12.3 Finepoint is entitled to retake possession of the Equipment in the event of the Hirer’s failure to return it and to exercise its full rights for retaking possession including entry onto land or premises for that purpose.

13. Warranties and Liability

13.1 Finepoint shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without Finepoint’s approval.

13.2 Finepoint shall be under no liability in respect of any parts, materials, or equipment in respect of which the Hirer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Finepoint.

13.3 If for any reason Finepoint is unable to provide the Equipment under the Hire Agreement Finepoint shall bear no responsibility to the Hirer for any loss including consequential loss arising thereon.

13.4 Subject as expressly provided in these Terms all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

13.5 Except in respect of death or personal injury caused by Finepoint’s negligence, Finepoint shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term or any duty at common law or under the express term of the Agreement, for loss of profit or for any indirect special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Finepoint, its employees or agents or otherwise) which arise out of or in connection with the supply of the Equipment (including any delay in supplying or any failure to supply the Equipment in accordance with the contract or at all) or their use by the Hirer, and the entire liability of Finepoint under or connection with the contract shall not exceed the total hire payments under the contract except as expressly provided in these Terms.

14. Software

14.1 Whilst Finepoint shall endeavour to provide the latest released version of any software in relation to the Equipment, it is the Hirer’s entire responsibility to ensure any equipment, system and/or network compatibility.

15. Loss or damage to equipment

15.1 The Hirer has responsibility for the safe-keeping of the Equipment throughout the Hire Period.

15.2 The Hirer must immediately inform Finepoint of any failure of damage to or loss of the Equipment.

15.3 The Hirer shall not carry out any repairs to the Equipment arising out of misuse or mishandling of the Equipment without first obtaining Finepoint’s authority to do so.

15.4 The Hirer shall indemnify Finepoint in full for the costs of any repairs.

15.5 The Hirer shall indemnify Finepoint in full for the replacement of any lost or damaged Equipment or Equipment which in the view of Finepoint is uneconomic to repair in the value of new replacement equipment and for any consequential loss to Finepoint arising out of the loss or damage of the Equipment.

15.6 During any period in respect of which the Hirer has not already paid to Finepoint any hire charges for Equipment which is lost or damaged, until such lost or damaged Equipment is replaced or repaired the Hirer shall compensate Finepoint in full for the loss of use of the lost or damaged Equipment at a rate equivalent to the hire charges currently made by Finepoint for such equipment.

16. Insurance

16.1 The Hirer shall keep insured for the Hire Period all Equipment to its full replacement value under the contract with reputable insurers approved by Finepoint for:

16.1.1 all loss and damage to the Equipment to its full replacement value;

16.1.2 public liability to a maximum of £500,000.

16.2 The Hirer shall on demand provide Finepoint with the insurance certificate and details of the policy.

16.3 All new account customers must forward their ‘hired- in’ insurance certificate before a hire commences. Failure to do so will terminate the hire agreement and the account will be closed.

17. Indemnities

17.1 If a claim is made against the Hirer that the Equipment infringe or that their use infringes the patent, copyright, design, trademark or other industrial or intellectual property rights of any other person, the Hirer shall indemnify Finepoint against all loss, damages, costs and expenses awarded against or incurred by Finepoint in connection with the claim or paid or agreed to be paid by Finepoint in settlement of the claim

17.2 The Hirer shall at all times indemnify Finepoint its employees servants and agents against all actions costs claims proceedings or liabilities arising from or in connection with equipment materials crew or any other services provided to the Hirer by Finepoint.

18. Insolvency of Hirer

18.1 If the Hirer takes any steps in respect of insolvency proceedings, goes into liquidation, bankrupts or is wound up, or ceases or threatens to cease to carry on business, without limiting any other right or remedy available to Finepoint, Finepoint may cancel the contract. If Equipment has been delivered but not paid for, the full Hire Payment shall become immediately due and payable.

19. Termination

19.1 In the event that the Hirer is in breach of any of its obligations under this agreement Finepoint shall be entitled to treat the contract as repudiated and demand the return of the Equipment. The Hirer shall, however, remain liable to pay the full Hire Charges.

20. Export

20.1 The Hirer must provide Finepoint with prior notification of its intention to take the Equipment outside the United Kingdom.

20.2 In the event that the Hirer takes the Equipment outside the UK, and as a consequence generates an overseas tax liability (whether in respect of either direct tax or indirect tax), the Hirer indemnifies Finepoint against any such liability that might arise and undertakes to compensate Finepoint in full for the liability at the time that it becomes due for payment to the relevant tax authority.

21. General

21.1 Notices under these terms shall be in writing addressed to the other parties at their registered office or principal place of business.

21.2 No waiver by Finepoint of any breach of the contract by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision.

21.3 If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.

21.4 The contract shall be governed by the laws of the England and the Hirer agrees to submit to the non- exclusive jurisdiction of the English courts.

Finepoint Broadcast aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Finepoint Broadcast is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

If any Goods you have purchased have faults when they are delivered to you, you should contact Finepoint Broadcast within 7 days to arrange collection and return. Finepoint Broadcast is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Finepoint Broadcast within 10 days and arrange collection and return. Finepoint Broadcast is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

You have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please contact Finepoint Broadcast in writing to arrange a return. We will confirm your request, and advise you how to proceed. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Finepoint Broadcast. You are responsible for paying shipment costs if Goods are returned for this reason, as well as a restocking fee of up to 25% for any charges incurred by Finepoint Broadcast in supplying you with the goods that are returned. There are a number of items we are unable to refund. These include, but are not limited to, cameras, camcorders, consumables, professional media (memory cards and tapes), and special order items.

If you wish to return Goods to Finepoint Broadcast for any of the above reasons, please contact us using the details on www.finepoint.co.uk to make the appropriate arrangements.

Finepoint Broadcast reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

Any use or enjoyment that you may have already had out of the Goods; any characteristics of the Goods which may cause them to deteriorate or expire rapidly; the fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened; any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.