These Terms and Conditions apply to the hire of all Equipment from us, Menace Rentals, a trading name of Menace Media Ltd, a company registered in England and Wales under number 13340833, whose registered office address is at Cottage Farm, Hartwell Road, Roade, Northampton, England, NN7 2NU (referred to as “we/us/our”).

These Terms and Conditions apply to businesses only – we do not hire Equipment to consumers (as defined in the Consumer Rights Act 2015).

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Client/you/your” means the business, firm or corporate body entering into the Contract with us. Where an individual is entering into the Contract on behalf of a business, the individual confirms they have the authority to enter into the Contract on behalf of that business and the business will be our Client in the context of the Contract;

“Contract” means the contract formed once we send our Order Confirmation as detailed in clause 2, which will incorporate, and be subject to, these Terms and Conditions;

“Equipment” means the equipment which we will hire to you as detailed in the Order Confirmation;

“Hire Term” means the term of hire as set out in our Order Confirmation, which may be extended by written agreement;

“Order” means your provisional order to hire the Equipment, which is subject to our Order Confirmation; and

“Order Confirmation” means our confirmation that your Order has been accepted.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing/written” includes emails and similar communications;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “Terms and Conditions” refers to these Terms and Conditions as amended or supplemented at the relevant time;

1.2.4 a clause refers to a clause of these Terms and Conditions;

1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions; and

1.2.6 any reference to a respective party includes its employees, agents and sub-contractors.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.

1.4 Words imparting the singular number include the plural and vice versa.

References to persons include corporations.

2. The Contract

2.1 In order to place an Order, you will need to create an account via our website, which will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it.

2.2 All Orders will be subject to these Terms and Conditions. A legally binding Contract will be formed between you and us upon our acceptance of your Order, indicated by our Order Confirmation. The Contract will include the acceptance of these Terms and Conditions, which will apply between you and us.

2.3 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.

2.4 You are responsible for the accuracy of any information submitted to us and for ensuring that your Order and the Equipment to be hired reflect your requirements. Our Order Confirmation and pricing is based on the information provided to us at the time of its preparation. Should any errors or discrepancies become evident, we reserve the right to adjust it.

2.5 Orders are subject to Equipment availability and may be rejected without liability.

2.6 Orders are also subject to a minimum Order value. If your Order is for less than the minimum value, we will contact you to ask how you wish to proceed and/or cancel the Order.

3. Hire Term

3.1 Once the Contract is formed under clause 2.2, we will contact you using the details provided in order to establish the purpose of the hire and to confirm the required Hire Term, and the collection or delivery dates and times.

3.2 The agreed Hire Term will be set out in our Order Confirmation.

3.3 We reserve the right to cancel the Order if, at our sole discretion, we determine that the purpose for the hire is or may be unsuitable.

3.4 The Hire Term can be extended, subject to these same Terms and Conditions, provided we agree this in writing in advance.

3.5 The Equipment may be returned early, however, no refunds will be issued for early returns.

3.6 You must ensure the Equipment arrives back with us no later than the last day of the Hire Term.

4. Price and Payment

4.1 All prices quoted are exclusive of VAT and on an ex works basis, exclusive of all carriage and transportation costs.

4.2 You will be required to pay a security deposit of 50% of the hire cost, together with 100% of the initial hire cost, at the time of placing your Order. We will be unable to process your Order until these payments have been received in full.

4.3 We will refund the security deposit to you (without interest) once the Equipment has been returned to us in accordance with clause 6.2, provided all charges and other sums owed to us have been paid in full. We will be entitled to deduct from the security deposit the cost of any loss or damage to the Equipment or for any missing parts. If the cost exceeds the amount of the security deposit, then the outstanding balance must be paid in full immediately.

4.4 Unless otherwise specified, all invoices are payable on receipt, in pounds sterling, without set-off, withholding or deduction. We may request recurring payments are made by direct debit.

4.5 We will be entitled to increase the fees upon the renewal of any Hire Term and will notify you of any such price increase in writing.

4.6 Time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any other rights available to us, we will have the right to terminate the Contract, recover the Equipment as set out in clause 8, modify the hire terms and costs, and/or charge you interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We will also charge for any costs we incur in attempting to recover any outstanding debt.

4.7 Where applicable, we will agree in advance the recording functionality, kind and quality of data storage to be supplied with the Equipment. It is your responsibility to determine whether the amount of data storage to be supplied is sufficient for your requirements. We can supply further storage where required at an additional cost. Any data storage we supply will remain our property at all times and may not be substituted for alternative data storage except with our prior written agreement.

4.8 We will use all reasonable endeavours to accommodate any reasonable changes that may be requested by you, subject to your acceptance of any related changes to the fees that may be due as a result.

5. Delivery and collection

5.1 You can choose to collect the Equipment from our premises, or you can select delivery as part of the Order process. We can currently only deliver to mainland UK addresses. If we cannot fulfil your Order, it will be cancelled.

5.2 For any new Clients, and otherwise at our discretion, we will ask you to present us with valid photo ID before the Equipment will be released.

5.3 Collections must be arranged with us in advance and will be during our normal working hours. We reserve the right to refuse collection if you are unable to comply with this clause 5.3, in which case we may cancel your Order or arrange delivery at your cost. If you fail to collect the Equipment on the agreed date, we will continue to make the Equipment available for collection during our normal business hours on each business day until the end of the Hire Term. No refunds or reductions will be provided as a result of late or non-collection.

5.4 The Equipment will be checked to ensure it is working correctly, before we despatch it to you or make it available for collection.

5.5 You will need to sign for the Equipment on delivery or collection. This will be accepted as conclusive proof that the Equipment has been successfully delivered or collected, is in good working condition and complete.

5.6 If you fail to take delivery of the Equipment, or fail to give us adequate delivery instructions, then the delivery will be aborted. The redelivery will be chargeable.

5.7 If, on delivery or collection, any of the Equipment is defective or any parts are missing, and either you lawfully refuse the delivery or collection or you sign for them on delivery or collection as “unexamined” and you give us written notice of such defect within 24 hours of the delivery or collection, we will replace the defective Equipment as soon as is reasonably possible. However, we shall have no further liability to you and you may not reject the Equipment if delivery or collection is not refused or notice given by you as set out above.

5.8 Any dates quoted for delivery or availability for collection of the Equipment are approximate only and we will not be liable for any delay in the provision of the Equipment, howsoever caused.

6. Your Obligations

6.1 You agree, during the Hire Term and any extended term, until the Equipment is returned to us, that you will:

6.1.1 keep the Equipment in your possession and control and not move the Equipment from the premises to which it was delivered or at which we agreed it would be used, without our prior written consent. In particular, please note you are not permitted to take the Equipment outside the UK without obtaining our express prior written consent;

6.1.2 operate the Equipment in a proper, safe and prudent manner in accordance with our and the manufacturer’s instructions and only for the purpose for which it was designed, and ensure that the Equipment is operated with all due care and attention, by properly trained personnel;

6.1.3 take adequate and proper measures to protect the Equipment and ensure the Equipment is kept secure and adequately insured, on a full replacement basis, against loss, damage, theft and other risks, including while it is in transit. You must provide evidence of such insurance to us upon request. The proceeds of any claim in respect of such insurance must be held by you on trust for us;

6.1.4 keep the Equipment in good working order, fair wear and tear excepted (fair wear and tear to be determined at our sole discretion);

6.1.5 not expose the Equipment to the elements (in particular to salt water and spray, sand, or grit) and will keep the Equipment protected in all respects at all times;

6.1.6 where applicable, use only memory cards and other accessoriessupplied by us, or as specified by the manufacturer;

6.1.7 ensure that any accessories or other items to be used in conjunction with or connected to the Equipment, including data storage, is compatible for use in all respects with the Equipment;

6.1.8 not hold yourself out as owner of the Equipment, nor will you charge, encumber, sell, let, lease, hire or otherwise dispose of, part with, or abandon the Equipment, or permit or suffer the creation of any lien or distress over the Equipment;

6.1.9 ensure that at all times the Equipment remains identifiable as being our property, and ensure that any identification marks, labels or signs on or fixed to the Equipment are not removed, defaced, amended, obscured or otherwise subjected to interference, including those which identify the Equipment as belonging to us;

6.1.10 allow us access at all reasonable times to inspect, test, adjust, repair or replace the Equipment;

6.1.11 not allow any person other than our authorised personnel (or a person acting under our instruction) to interfere with, modify, repair, relocate, remove or service the Equipment, or carry out any firmware updates on the Equipment;

6.1.12 not do or permit to be done any act or thing which jeopardise our right, title and/or interest in the Equipment;

6.1.13 not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you must notify us and at your sole expense use your best endeavours to procure an immediate release of the Equipment and indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;

6.1.14 not use the Equipment for any unlawful purpose;

6.1.15 notify us in the event any accident or damage occurs in relation to the Equipment, in which event no admission of liability, offer or promise may be made without our prior written permission;

6.1.16 ensure the Equipment is returned in a clean condition, as delivered; and

6.1.17 unless we agree otherwise, return the Equipment to us at the end of the Hire Term, or any agreed extended term, using a suitable method of transport to ensure no damage (or loss) is incurred. If we do not receive it back at the end of the Hire Term, you will be responsible for the full cost of its replacement. You can request in writing that we collect the Equipment but this will be chargeable and in the event we are unable to collect it through no fault of our own, we reserve the right to continue to charge for the hire.

6.2 If, at the end of the Hire Term or when we the receive the Equipment back, the whole or any part of the Equipment is found to be lost, damaged or stolen, or where we otherwise discover the provisions of clause 6.1 have been breached, we will invoice for the cost of the repair or replacement and we reserve the right to continue to charge for the hire until such time as all sums under the Contract have been received.

6.3 If the Equipment suffers a breakdown or malfunction, you must immediately stop using it and you must inform as soon as reasonably possible. Where the breakdown or malfunction is caused by normal wear and tear or by a fault in the Equipment, the cost of the repair (including labour and all parts necessary) will be borne by us. Where the breakdown or malfunction is caused by your negligence (or that of any third party) or as a result of wilful or accidental damage, misuse, vandalism, neglect, failure to comply with your obligations under clause 6.1 or for any other cause beyond our reasonable control, the cost of the repair or replacement of the Equipment must be borne by you. We will endeavour to investigate and/or carry out the repair as soon as reasonably possible. The hire charges will continue to be invoiced and payable during any period of downtime.

7. Returning the Equipment

7.1 You will be fully responsible for the Equipment until it is properly returned to us.

7.2 If we have agreed to collect the Equipment at the end of the Hire Term, it must be made available for collection at the agreed address and at the agreed time. If we are unable to collect through no fault of our own, then we will charge you a failed collection fee and we will continue to charge for the extended Hire Term.

7.3 If you are otherwise returning or delivering the Equipment to us, it must be securely sealed and adequately packaged. You will be liable for any loss or damage to the Equipment while in transit.

7.4 If, at the end of the Hire Term, we have not received the Equipment, we will take steps to recover the Equipment (which may include reporting it as stolen). All monies owed will become immediately due and will be taken automatically from the security deposit or invoiced to you where such security deposit is insufficient to cover the Equipment’s total replacement value.

7.5 If the Equipment is returned with missing accessories or components (including, but not limited to, batteries, memory cards, cases and other ancillary items), we will notify you and you must ensure such accessories and components are returned to us within 48 hours. If we do not receive them within this timeframe, we will charge you for their replacement (such sums to be taken automatically from the security deposit or invoiced where such security deposit is insufficient to cover the total replacement value of the accessories or components).

7.6 We will charge you for any cleaning required to restore the Equipment to the condition in which it was provided at the start of the Hire Term.

8. Title and Risk

8.1 Risk in the Equipment will pass to you upon it leaving our physical possession or control and will not revert back to us until the Equipment is back in our possession or control where applicable, whether or not agreed Hire Term (or extended term) has expired.

8.2 Title (ownership) and all rights to the Equipment will at all times be vested in us and you acknowledge that you have no right, title, property or ownership in the Equipment.

8.3 We reserve the right to repossess any Equipment in which we retain title without notice. You irrevocably authorise us to enter the site (or any site at which we reasonably believe the Equipment is being held) during normal business hours for the purpose of repossessing any Equipment in which we retain title.

9. Cancellation and Termination

9.1 If you wish to cancel the Contract at any time before the Equipment has been despatched, you must notify us in writing. We reserve the right to charge for any costs incurred by us as a result of your cancellation including, but not limited to, administration and restocking charges.

9.2 If you wish to cancel the Contract at any time after the Equipment has been despatched or collected, you must notify us in writing. We will apply the minimum charge as set out in clause 2.6 and will continue to charge for the Hire Term until we have received the Equipment back in accordance with clause 6.2.

9.3 We reserve the right to cancel the Contract at any time and will confirm this in writing. If you have paid in advance for any period during which the Equipment is not available to you under this clause 9.3, any such sums will be refunded to you within 14 days using the same payment method as was originally used.

9.4 Upon the expiry, cancellation or termination of the Contract for any reason:

9.4.1 all payments due under this Contract will become immediately due and payable. In respect of any part of the Hire Term or any extended term for which no invoice has been submitted, we will be entitled to submit an invoice, which will become immediately due and payable;

9.4.2 your right to possession of the Equipment will cease and we, or our authorised representatives, without notice and at your expense, may retake possession of the Equipment in accordance with clause 8. For the avoidance of doubt, in the event we are unable to recover the Equipment, you will be charged for the full purchase price of the Equipment;

9.4.3 it will be your responsibility to copy and back up any data recorded on data storage. All data will be erased when we receive the Equipment back if this has not already occurred;

9.4.4 any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract shall survive termination on a pro-rata basis.

9.5 The rights to terminate this Contract given by this clause 9 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

10. Literature and Representations

Any marketing literature is presented in good faith as a guide to represent the Equipment available for hire anddoes not form a part of the Contract. None of our employees or agents are authorised to make any representation concerning the Contract unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.

11. Assignment and Sub-Contracting

11.1 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.

11.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract, without obtaining your prior consent.

12. Liability and Indemnity

12.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

12.2 Except as provided in clause 12.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded to the maximum extent permitted by law.

12.3 You are responsible for choosing the Equipment and for ensuring that it is fit and suitable for your required purpose. We give no advice or assurances about the Equipment’s suitability for a particular purpose, and we accept no liability arising from your use of or inability to use the Equipment.

12.4 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the total hire fees paid by you under the Contract in the preceding 6-month period.

12.5 You agree to indemnify us against all damages, costs, claims and expenses suffered by us as a result of your actions or inactions, including those of your employees, sub-contractors or agents.

13. Force Majeure

Neither Party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, acts of terrorism or war, governmental action, pandemic, epidemic or any other event beyond the control of the Party in question.

14. Data Protection

Each party agrees to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK GDPR, and any subsequent amendments to them.

15. Other Important Terms

15.1 No failure or delay by either Party in exercising any of its rights under the Contract will be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract will be deemed to be a waiver of any subsequent breach of the same or any other provision.

15.2 In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (and the Contract, as appropriate). The remainder of these Terms and Conditions will be valid and enforceable.

15.3 Nothing in this Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

15.4 No part of the Contract is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 will not apply.

15.5 All notices are to be in writing, addressed to the most recent address or email address notified to the other Party and will be deemed duly given when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; when sent, if transmitted by email and a successful return receipt is generated; or on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

16. Law and Jurisdiction

16.1 These Terms and Conditions and the Contract (including any non- contractual matters and obligations arising from them or associated with them) will be governed by, and construed in accordance with, the laws of England and Wales.

16.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising from them or associated with them) will fall within the exclusive jurisdiction of the courts of England and Wales.