GHI Rental (Pty) Ltd t/a Puma Video

  1. Insurance

    Puma Video insures the equipment at replacement value against damage, destruction or loss. All rates quoted for equipment rental will be exclusive of 10% insurance and exclusive of VAT @ 15% unless specified.

    In the event of a claim arising where the total claim does not exceed R150 000 (One Hundred and Fifty Thousand Rand) the Hirer shall be solely liable for the payment of R15 000.00 (Fifteen Thousand Rand) excess or part thereof. Damage and/or theft of ANY items with a value less than R15 000.00 will be for the clients account! In the event that the total claim exceeds R150 000 (One Hundred and Fifty Thousand Rand) the Hirer shall be solely liable for the payment of 10% (Ten Percent) excess of the total value of the claim or part thereof to the insurer and shall reimburse the full amount to Puma Video on request.

    The Hirer undertakes to comply with the terms and conditions of the applicable insurance policy related to the equipment and the use thereof, and shall be responsible for any costs not paid by insurance due to non-compliance with these terms. See Duties of the Hirer and Important Exclusions below.

    Risk in the equipment shall pass to the Hirer as soon as the equipment is handed to the carrier whom shall be deemed the agent of the Hirer. The Hirer and the carrier shall at that time be responsible and liable for all damage and loss of equipment for whatsoever reason until the return thereof to Puma Video.

  2. Ownership

    All goods and equipment handed to Puma Video shall become the property of Puma Video until the Hirer charges is fully paid for by client. (Including material handled or produced at Puma Video).

    Ownership of the equipment hired by the client will at all times remain and vest with Puma Video.

    The Hirer shall be obliged to take delivery of the equipment at Puma Video’s business address or any such other address agreed upon by the parties prior to taking delivery.

    The Hirer shall not be entitled to sublet the equipment nor cede or assign any of the rights or obligations herein, nor shall the Hirer be entitled to pledge, lend or in any manner whatsoever part with possession of the equipment.

  3. Payment

    ALL new/first time clients may be required to pay a refundable deposit up to or equal to 10% of the value of the equipment quoted for, before taking delivery of such equipment. All business is on a strictly COD basis. The exception is for approved account holders who pay on 30 days from date of Invoice. All discounts quoted will ONLY apply on COD settlements for COD clients. In the case of approved accountholders, payments made in full within 30 days from invoice will qualify for the allotted discount. Should any account not be settled accordingly, a new invoice excluding the discount will be issued and the invoice reflecting discount will be credited.

    We reserve the right to extend credit to clients. We will only consider extending credit if Terms and Conditions are acceded to in full and the acceptor acknowledging paragraph 17 pertaining to surety, by accepting these Terms and Conditions. The Hirer, by accepting credit agrees to pay Puma Video interest of 2% per month on ALL late payments. Interest will be charged on any amount due after 15 or 30 days. Puma Video may hold the Hirer liable for all costs including reissue of invoice after 15 or 30 days from date of original invoice. Unless a query on an invoice is made within 7 days of date of invoice the Hirer is liable for the amount stated on invoice.

    The Hirer will not be entitled to withhold payment of any amount payable to Puma Video to satisfy any claim of the Hirer arising from this or any other agreement between the Hirer and Puma Video, nor will the Hirer be entitled to offset such an amount against the amount payable to Puma Video in terms of this or any other agreement.

  4. Cancellation

    • All bookings/jobs not cancelled prior to 48hrs of the booked date will be liable for a cancellation fee of 40% of the quoted amount.
    • All bookings/jobs not cancelled prior to 24hrs of the booked date will be liable for a cancellation fee of 70% of the quoted amount.

  5. Indemnity

    The Hirer hereby indemnifies Puma Video against any liability arising out of any actions, omissions, proceedings and claims made by or on behalf of the Hirer or any third party against Puma Video, its agents, employees, directors and all claims, damages, losses or expenses (including legal costs on an attorney-client-scale) suffered or sustained by Puma Video in connection therewith.

    In all other respects, Puma Video makes no warranties whatsoever in relation to the equipment supplied to the Hirer in terms of these Terms and Conditions.

  6. Equipment: Maintenance, Errors and Defects

    Puma Video will endeavor to supply and hire out equipment in good working order. The Hirer hereby agrees that he/she shall carry out, as far as is reasonably and practically possible prior to using the equipment, checks and tests in respect of the equipment so as to satisfy themselves as to the fitness of the equipment for its purpose before leaving the premises. In the event that any of the equipment is unfit for the Hirer’s purpose, Puma Video should immediately be informed. Failure to do so on the part of the Hirer will constitute an acknowledgement that the equipment is in a good working order and condition.

    In the event of a malfunction or breakdown of equipment resulting from:

    • Defects or fault in the equipment, Puma Video will repair the equipment at no cost to the Hirer.
    • Damage caused to equipment from date of hire, while in the Hirer’s possession; the Hirer shall be responsible for the cost of the repair.
    • At the end of the contract, the Hirer shall return the equipment to Puma Video in the same condition (fair wear and tear accepted) as it was at the commencement of the contract. The following does not constitute fair wear and tear:
      • Any items missing from the equipment including accessories.
      • Tears, rips, cuts, burns and stains which cannot be removed by normal cleaning of equipment.
      • Scratches, chips or damage to glass, plastic or lenses.
      • Scratches, chips or damage to glass, plastic or lenses.
      • Damage to equipment such as dents and scratches.

    Puma Video will then have two working days to inspect the equipment and notify the Hirer of any missing items or work required to repair/restore the equipment and the cost thereof, which will be charged to the Hirer.

  7. Duties of the Hirer The Hirer shall, at all times, ensure that:

    • The equipment is utilized in a skillful manner by persons experienced therein – important! Puma Video reserves the right to call for proof of such experience at any time. If no such person is available, one will be provided by Puma Video at a cost.
    • The equipment be used only for the purpose and in the manner for which is intended to be used.
    • The equipment is kept in his/her possession and under his/her control.
    • Puma Video is allowed access to the equipment at all reasonable times, for the purpose of inspecting, repairing or repossessing the equipment or for any other reason whatsoever.
    • All necessary care be taken to protect the equipment from loss or damage.
    • No other person/company other than Puma Video to acquire any right to or in the respect of the equipment.
    • His/her own expense to apply for and obtain any permits, license certificates, permission or exemptions which may be required for or in connection with the use of the equipment.

    The Hirer shall not make any alterations or modifications to the equipment without notifying and obtaining consent from Puma Video. If Puma Video is not notified, any accessory added shall become Puma Video’s property with no remuneration to the Hirer, and any cost to restore the equipment to its original form shall be charged to the Hirer. Puma Video shall incur no liability nor obligation of any nature in this regard.

    The Hirer will ensure that the equipment is collected AND returned on the specified dates at the specified times.

    Equipment returns after 11H00 on the date of return, INCLUDING SATURDAY’S, will be charged at the full day rate quoted.

  8. Important Exclusions

    The equipment is not insured under the following conditions nor for the following pursuits and activities unless by with prior arrangement and clearance from Puma Video and their Insurance Company:

    1. underwater photography AND aerial photography
    2. theft of equipment from an unoccupied vehicle while equipment is in the possession of the Hirer
    3. any other hazardous photographic pursuit which exposes the equipment to abnormal risk of loss or damage,
    4. damage and/or loss arising from any of above conditions or activities, without the required permission will be entirely for the clients account.

    NO solid-state media, including: SSD’s, P2 Cards, SD Cards, Compact Flash cards and SxS cards are insurable items. Lost or damaged cards will be charged for.

  9. Miscellaneous

    The rental prices on all lights include bubbles. All bubbles not returned will be charged for. This pertains to both good and blown bubbles/globes. HMI globes are not insured. Damaged and/or missing HMI globes WILL be for the clients account and will charged for. Under no circumstances will Puma Video accept camera tapes that were issued by Puma Video, but not used by the client, to be returned by the client .

  10. Assignment

    These Terms and Conditions may not be assigned or otherwise transferred in whole or in part by the Hirer without the prior consent of Puma Video. Puma Video may assign these Terms and Conditions in whole or in part at any time and will notify the Hirer in writing of any such assignment as soon as reasonably practicable.

  11. Governing Law

    These Terms and Conditions will be governed, construed and take effect in accordance with the laws and statutes of the Republic of South Africa.

  12. Breach

    If the Hirer should default in payment of any amount falling due in terms of these Terms and Conditions, and fail to make payment within 7 (seven) days of a written notice calling upon it to do so, then Puma Video may elect, without prejudice to any other rights and without notice, forthwith to terminate agreement and suspend all services and retain all monies already paid by the Hirer and claim settlement of all amounts due and payable.

  13. Jurisdiction

    The Hirer hereby consents to the jurisdiction of the Magistrate's Court having jurisdiction over its person in respect of all proceedings in connection with these Terms and Conditions.

  14. Domicilium

    All notices and processes in pursuance of these Terms and Conditions are to be given or served at the address stated for Puma Video and the address stated for the Hirer’s Client Account.

  15. Arrears

    With acceptance of these Terms and Conditions, the Hirer hereby gives Puma Video permission to, should the need arise, from time to time conduct a verification on the Hirer’s credit record. This will be done in the strictest of confidence through recognized bureaus.

  16. Agreement & Compliance

    With acceptance of these Terms and Conditions, the Hirer and all persons involved with the Hirer are bound jointly for all debts incurred, including all costs pertaining thereto, including loss of income for Puma Video, and are liable for all costs on a client attorney basis for any claims made by Puma Video. No equipment may be supplied to the Hirer without the Hirer’s acceptance of these Terms and Conditions.