game
changing
production

1.      Definitions

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1.1.     In this Schedule:

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1.1.1.   “Triple Arrow” refers to Triple Arrow Productions Limited and any of its contractors providing any Equipment on its behalf.

 

1.1.2.   “Client” means the entity entering into this Agreement with Triple Arrow.

 

1.1.3.   “Equipment” means all physical goods, items, and materials provided by Triple Arrow to the Client on a hire basis.

 

1.1.4.   “Hire Period” means the period commencing upon delivery or collection of the Equipment and continuing until the Equipment is returned to, or collected by, Triple Arrow.

 

1.1.5.   “Total Loss” means any situation where the Equipment is damaged beyond economical repair or is lost, stolen, or otherwise irrecoverable.

 

1.1.6.   “Working Day” means any day other than a Saturday, Sunday, or public holiday in England and Wales.

 

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2.      Insurance and Risk

 

2.1.     The Client shall, at its own cost, insure the Equipment against all loss, theft, damage, or destruction for its full replacement value, inclusive of VAT.

 

2.2.     Such insurance shall remain in full force throughout the Hire Period and shall name Triple Arrow as loss payee.

 

2.3.     The Client shall provide evidence of insurance upon request prior to the Hire Period and upon renewal or modification of the insurance policy.

 

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3.      Use and Protection of Equipment

 

3.1.     The Client shall ensure that the Equipment is used only for the purposes for which it is designed and in accordance with the manufacturer’s or Triple Arrow’s instructions.

 

3.2.     The Client shall not:

 

3.2.1.   sub-hire, loan, or otherwise dispose of the Equipment without Triple Arrow’s prior written consent;

 

3.2.2.   permit any unauthorised individual to access or operate the Equipment; or

 

3.2.3.   expose the Equipment to adverse environmental conditions without adequate protection.

 

3.3.     Where Equipment is deployed outdoors, the Client shall ensure sufficient weatherproofing is in place. Triple Arrow reserves the right to charge for providing such protection where the Client has not done so.

 

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4.      Condition and Maintenance

 

4.1.     Triple Arrow shall provide the Equipment in good working condition.

 

4.2.     The Client acknowledges that the Equipment is subject to wear and tear and shall not hold Triple Arrow liable for performance degradation arising from normal use.

 

4.3.     The Client shall not modify, alter, or tamper with the Equipment. Any modification shall be deemed a Total Loss.

 

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5.      Damage, Repairs, and Total Loss

 

5.1.     The Client shall notify Triple Arrow immediately of any loss, damage, or defect.

 

5.2.     In the case of damage that is repairable, the Client shall pay within seven (7) days of notification:

 

5.2.1.   the full cost of repair as reasonably assessed by Triple Arrow;

 

5.2.2.   a daily downtime penalty equal to 5% of the Equipment’s replacement cost per calendar day of non-availability; and

 

5.2.3.   an administrative surcharge of the greater of £100 or 10% of the repair cost, exclusive of VAT.

 

5.3.     In the case of Total Loss, the Client shall pay within seven (7) days of written notification:

 

5.3.1.   the full replacement cost of the Equipment, determined by its replacement on a new-for-old basis; and

 

5.3.2.   downtime penalties as specified above until replacement is obtained.

 

5.4.     All such charges shall be payable upon receipt of an invoice issued by Triple Arrow and shall be subject to interest on overdue amounts at 4% above the Bank of England base rate, calculated daily and compounded monthly.

 

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6.      Equipment Return and Collection

 

6.1.     Equipment must be returned or made available for collection at the agreed time.

 

6.2.     Delayed return shall incur daily hire charges at the standard daily rate, in addition to any third-party costs or consequential losses incurred by Triple Arrow.

 

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7.      Location and Access

 

7.1.     The Client shall notify Triple Arrow in writing of all intended sites where the Equipment will be used.

 

7.2.     Triple Arrow and its agents shall be granted access to any such sites at reasonable times during the Hire Period for inspection, maintenance, or recovery.

 

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8.      Compliance and Legal Obligations

 

8.1.     The Client shall ensure that all use of the Equipment complies fully with applicable laws, statutory requirements, and local authority regulations.

 

8.2.     Triple Arrow shall not be held liable for any fines, penalties, loss, or injury resulting from the Client’s failure to comply with such obligations.

 

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9.      Liability and Indemnity

 

9.1.     Unless otherwise agreed in writing, the Client assumes full responsibility for the safekeeping and proper use of the Equipment.

 

9.2.     Triple Arrow shall not be liable for:

 

9.2.1.   any injury or damage caused by the Client’s misuse, neglect, or unauthorised modification of the Equipment;

 

9.2.2.   failure to achieve any performance outcome or effect intended by the Client; or

 

9.2.3.   any indirect, incidental, or consequential loss or damage, including loss of profit or opportunity.

 

9.3.     The Client shall indemnify and hold harmless Triple Arrow from all claims, demands, liabilities, damages, costs, and expenses arising out of or in connection with the Client’s breach of these terms.

 

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10.    Force Majeure

 

10.1.  Triple Arrow shall not be liable for delay or failure in performance caused by events beyond its reasonable control including, without limitation, acts of God, war, industrial disputes, pandemics, supply chain disruption, or adverse weather.

 

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11.    Termination and Repossession

 

11.1.  In the event of non-payment or material breach by the Client, Triple Arrow may terminate the hire arrangement with immediate effect and repossess the Equipment.

 

11.2.  The Client shall remain liable for all unpaid charges and any additional costs incurred in repossession.

 

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12.    Variation

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12.1.  No variation shall be valid unless agreed in writing and signed by an authorised representative of both Parties.

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13.    Jurisdiction

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13.1.  This agreement shall be subject to the laws and exclusive jurisdiction of England and Wales

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