Updated 28/08/2025
TERMS AND CONDITIONS OF EQUIPMENT HIRE BETWEEN:
Supplier: Hawk London Limited, Hawke House, Old Station Road, Loughton, Essex, IG10 4PL
Customer: The Customer's details are shown in the Quote.
1.1 In these conditions the following words have the following meanings:
"Contract" means a quote or contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods;
"Customer" means the person, firm, company or other organisation hiring Hire Goods;
"Deposit" means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
"Force Majeure" means any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
"Hire Goods" means any camera, lenses and accessories specified in a Contract which are hired to the Customer;
"Hire Period" means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Customer into the Supplier's possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier;
"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Loss of Rental" means the loss of Supplier's Rental charge at full rate from the time the Hire Goods are not available for hire due to loss or damage until it is repaired or replaced and available for hire;
"Premises" means Timber Yard, Here East, East Bay Lane, Stratford, London, E20 3BS;
"Rental" means the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
"Supplier" means HAWK LONDON LTD. and will include its employees, servants, agents and/or duly authorised representatives;
"Services" means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier's control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
2.4 Proof of identification, proof of insurance (this will ensure the Hire Goods from dispatch from Suppliers Premises until it is returned to the Suppliers Premises) and written approval of these Terms and Conditions, must be sent by the Customer before any order will be dispatched. In the event of all paperwork not being available at the time of dispatch and the Supplier is unable to contact the Customer, the reservation will be cancelled, and the full cancellation charge will apply.
2.5 The Customer will not hold the Supplier responsible for any loss, damage, injury, death to persons, or property for whatever reason with regard to use of the Hired Goods. The Supplier shall not be liable for any consequential expense, liability, loss, claim or proceedings whatsoever caused by, or arising out of the late delivery, unsuitability, failure or repossession of the Goods or any part thereof or any breakdown or stoppage of same.
3.1 The hire charge period is calculated in calendar days. Goods may be made available to the hirer after 4pm the day before the hire charge period commences and must be returned by 10:30am the day after the hire charge period. The hire charge and period will be detailed in the quote.
4.1 The Customer may be required to pay a security deposit before any equipment will be dispatched by the Supplier. The Customer will pay this deposit via bank transfer unless advised otherwise. In the event of the funds not being available and the Supplier is unable to contact the Customer, the reservation will be cancelled, and the full cancellation charge will apply.
5.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier's current price list from time to time. All payments, unless otherwise agreed with the Supplier will be in GBP and, shall be made to the Supplier via bank transfer before any equipment is dispatched. Any bank charges will be paid by the customer.
5.2 The Supplier's prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.
5.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
5.4 *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 8% above the base rate from time to time of the Supplier's bank whichever is higher.
5.5 The Customer shall pay the full costs associated with the Contract irrespective of any limitation of effectiveness (perceived or otherwise) of the Hire Goods and/or its application to a specific task or function.
5.6 If the Customer fails to pay the full invoiced amount by the due date, the Supplier reserves the right, at its sole discretion, to revoke and remove any discounts previously applied to the agreed Rental. In such circumstances, the Rental shall revert to the Supplier's full undiscounted rate, and the Customer shall be liable to pay the full undiscounted Rental amount in place of the discounted amount. This revised full amount shall become immediately due and enforceable, in addition to any interest applied under clause 5.4.
6.1 Risk in respect of the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier. Risk will not pass back to the Supplier until the Hire Goods are back in the physical possession of the Supplier.
6.2 The Hire Goods shall at all times remain the property of the Supplier and the Customer shall have no right, title or interest in or to the Hire Goods (save the right to possession and use of the Hire Goods subject to these conditions and payment of the Rental). The Customer must not sell or otherwise deal with the Hire Goods and must not allow the creation of any lien over the Hire Goods.
6.3 The Customer must ensure that the Hire Goods are insured from the time they leave the Supplier's possession until the time they are returned to the Supplier's possession on an all risks basis for an amount equal to the replacement value of the Hire Goods. The Customer must produce evidence of such insurance to the Supplier upon request. Any insurance taken out by the Customer in relation to the Hire Goods must note the interest of the Supplier. All insurance recoveries are to be applied to the cost of repairing or replacing the Hire Goods. The Supplier may require the Customer to insure the Hire Goods with an insurer approved by the Supplier.
6.4 The Customer must keep the Hire Goods free from distress, execution or other legal process and shall promptly notify the Supplier if any court order or other process is made or attempted against the Hire Goods.
7.1 The Customer will be responsible for carrying out all daily maintenance of the Hire Goods during the Hire Period and the Customer should follow the Supplier's instructions in relation to the care of the Hire Goods. The Customer should notify the Supplier if the Hire Goods do not appear to be working properly and arrange for any inspection to take place if required.
7.2 If the Customer alters, damages, repairs or attempts to repair the Hire Goods without written approval from the Supplier, then the Customer will be responsible for all costs incurred in rectifying any damage caused.
8.1 In the event that the Hire Goods break down or become unsuitable for use during the Hire Period for reasons other than damage caused by the Customer, the Supplier will endeavour to arrange a replacement. No liability attaches to the Supplier for any Hire Goods (other than as expressly set out in these conditions) including without limitation any failure of or defect in the Hire Goods.
8.2 In the event that the Hire Goods become unfit for use due to a fault caused by the Customer, the Customer will be responsible for the cost of repair and for loss of hire charges during the period the Hire Goods are unavailable for hire.
9.1 In the event of any damage caused to Hire Goods during the Hire Period, the Customer will be responsible for all costs incurred in repairing or replacing the Hire Goods and for any Loss of Rental during the period of repair or replacement.
9.2 All damage to the Hire Goods must be notified to the Supplier immediately on discovery or at the end of the Hire Period whichever is sooner. Any damage to Hire Goods not reported at the time of return shall be investigated by the Supplier and repair costs will be charged to the Customer if it is determined that the damage was incurred during the Hire Period.
9.3 In the event of loss of the Hire Goods or if the Hire Goods are damaged beyond economic repair, the Customer will be responsible for the full replacement cost of those Hire Goods together with Loss of Rental for the period from the date of loss or damage until the replacement Hire Goods are available for hire.
9.4 All costs of recovery of the Hire Goods including towing and recovery charges will be borne by the Customer.
9.5 *This clause 9 is subject to the Customer's rights as a consumer (if applicable).
10.1 *The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: (a) any breach of these conditions; and (b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
10.3 *Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence, or fraud or fraudulent misrepresentation.
10.4 *Subject to clause 10.3 the Supplier shall not be liable for: (a) loss of profit; (b) loss of business; (c) depletion of goodwill and/or similar losses; (d) loss of anticipated savings; (e) loss of goods; (f) loss of contract; (g) loss of use; (h) loss or corruption of data or information; (i) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
10.5 *The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Rental paid during the 12 months immediately before the cause of action arose.
11.1 Where the Customer cancels a booking or reduces the Hire Period the following charges will apply: if notice is received by the Supplier more than 21 days prior to the first day of Hire Period, no charge will apply. If notice is received by the Supplier between 21 and 7 days prior to the first day of the Hire Period, a charge of 50% of the agreed Rental shall apply. If notice is received by the Supplier within 7 days prior to the first day of the Hire Period, a charge of 100% of the agreed Rental shall apply.
12.1 The Supplier may terminate the Contract forthwith if the Customer fails to comply with any of the Customer's obligations under the Contract, makes any voluntary arrangement with its creditors, has a receiver or administrator appointed, has a winding up order made against it or passes a resolution for voluntary winding up (other than for the purposes of amalgamation or reconstruction) or (being an individual) is made bankrupt.
12.2 Termination of the Contract shall not affect either party's accrued rights and liabilities.
13.1 The Supplier will not be in breach of this Contract or otherwise liable to the Customer, by reason of any delay in performance, or the non-performance, of any of the Supplier's obligations under this Contract to the extent that such delay or non-performance is due to a Force Majeure and the time for performance of the relevant obligation shall be extended accordingly.
14.1 This Contract is personal to the Customer and the Customer's rights and obligations under the Contract shall not be assigned, transferred, charged or otherwise encumbered or dealt with without the Supplier's prior written consent.
14.2 If any provision of this Contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Contract which shall remain in full force and effect.
14.3 Nothing in this Contract shall create or be deemed to create a partnership or joint venture between the parties or make any party the agent of the other. Neither party shall have authority to make representations or commitments on behalf of the other.
14.4 No waiver by either party of any default by the other party in performing any provision of this Contract shall operate as a waiver of any further default by the other party whether of a like or different character.
14.5 Any notice or other communication given under this Contract shall be in writing and sent by post to the addresses specified in the relevant Contract or by e-mail. Notices sent by post shall be deemed received 2 days after posting and notices sent by e-mail shall be deemed received on the date they are sent provided no error message is received by the sender.
14.6 This Contract shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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