Terms and Conditions of Business (UK)

UK Terms and Conditions of Business

Last updated: 30 June 2026

These terms and conditions are referred to in this document as the “Terms of Business”.

These Terms of Business apply to the hire of equipment and any related services supplied by CineArk Limited, whether the Equipment or Services are supplied within the United Kingdom or internationally, unless separate written terms are agreed.

These Terms of Business should be carefully read before you hire any equipment from CineArk Limited. By hiring equipment or using the equipment, you agree to be bound by the terms set out below. If you do not wish to be bound by these Terms of Business, please do not hire any equipment or use any equipment owned or supplied by CineArk Limited.

1. Definitions

‘Company’ means CineArk Limited, a company registered in England and Wales, having company address: CineArk, Unit 6 Soho Crescent, Wooburn Industrial Park, Wooburn Green, High Wycombe HP10 0PE and whose company registration number is: 09877457 and its successors and assigns.

‘Equipment’ means any equipment owned by the Company which shall include (without limitation) film equipment, that shall be hired by the Customer in accordance with these Terms of Business, including all cases and packing materials that come with the Equipment.

‘Customer’ means a person, firm, corporation or organisation hiring any equipment from the company whose details are on the quotation.

‘Premises’ means a building, vehicle, establishment owned by the company, its directors, employees, servants or agents.

‘Charge(s)’ means the charges agreed for the hire of the equipment, from the company as detailed in the quotation.

“Quotation” means a quotation provided by the company to the customer detailing the equipment to be hired by the customer and the charges.

‘Services’ means any related services supplied by the Company, including technical services, preparation, delivery, support, setup, operation, advice, personnel or related assistance.

‘Replacement Value’ means the cost of replacing Equipment with new or equivalent equipment, including associated costs such as carriage, administration, customs, duties and applicable taxes.

‘International Supply’ means any hire, delivery, collection, transit, use of Equipment, or supply of Services outside the United Kingdom by or on behalf of CineArk Limited.

2. Hire Period and Ownership

The agreed hire period shall be stipulated in the Quotation. The Equipment remains the absolute property of the Company for the entire continuance of hire including transportation to and from the Company's Premises and the Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of these Terms of Business). The Customer shall have no lien on the Equipment at any time whatsoever without the Company's permission in writing.

3. Charges

All Charges commence at the time the Equipment leaves the Company's Premises, or such date as stipulated in the Quotation and terminate when the Equipment is returned or at the end of the agreed hire period (whichever is the later) or when terminated under clause 4.2(a), providing that the Equipment has been returned to the Company in the same condition it was in at the commencement of the hire (fair wear and tear excepted). In the event that the Equipment is lost, stolen, damaged or destroyed, the Charges shall continue to accrue until such time as either the Equipment is recovered and returned to the Company in the same condition it was in at the commencement of the hire, or replaced, or if damaged, the Equipment is repaired by the Customer at its sole expense and returned in full working order to the Company.

Where Services are supplied outside the United Kingdom, Charges may include travel days, flights, accommodation, subsistence, per diems, visas, work permits, local transport, waiting time, overtime, freight, storage, courier charges and any other reasonable costs incurred in connection with the international supply of Equipment or Services.

4. Payment

4.1 Payment must be made in full by the Customer within 30 days of the date of the invoice without any deduction.

4.2. If the Customer fails to make payment on the due date then, without prejudice to any other right or remedy the Company will be entitled to:

a) immediately terminate these Terms of Business for hire of Equipment or any contract or hire of any Equipment with the Customer; or

b) charge the Customer interest on the amount unpaid at a rate of 8% per annum over the Bank of England base rate from time to time or the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998, as amended, whichever is the higher; or

c) claim reasonable compensation for debt recovery costs as specified in the Late Payment of Commercial Debt Regulations 2002 (or any amendment thereof) on each invoice.

4.3 All invoices shall be calculated by the Company and will be considered final and correct. The Company shall maintain in accordance with usual practice, accounts evidencing amounts owed to it by the Customer. Entries in those accounts shall be prima facie evidence of the existence and amount of the Customer's obligations to pay the Charges.

5. Liability and Risk

5.1. The Customer acknowledges that the Company shall not be liable for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors.

5.2. All risk of loss, theft, destruction or damage to the Equipment lies with the Customer from the time the Equipment leaves the Company's Premises, is collected by the Customer, or is delivered to the Customer or their nominated representative, whichever occurs first, and continues until the Equipment is returned to the Company and accepted by the Company as complete and in good working order. The Customer shall take good and proper care of the Equipment and ensure its use in a proper manner by persons with the knowledge and experience to operate it. Any advice or recommendations given by the Company, its employees or agents to the Customer, its employees or agents as to the use, set up or application of the Equipment is followed or acted upon entirely at the Customer's own risk.

6. Delivery

Any dates quoted for the delivery of the Equipment are approximate only and the Company shall not be liable for any delay in delivery or provision howsoever caused. It is the Customer's responsibility to check that the Equipment is in good working order on receipt and matches the contents lists provided. The Customer must notify the Company as soon as practicable (but not later than 24 hours after receipt of Equipment) in writing of any missing items or defects capable of being ascertained on inspection. If the Customer does not notify the Company accordingly, it shall be conclusively presumed that the Equipment is complete and, so far as it is able to be ascertained on inspection, in good working order.

7. Insurance

In addition to the Charges, the Customer shall arrange their own “all risks” insurance in the joint names of the Company and the Customer in respect of the Equipment at the full replacement value plus any associated loss of rental income. The insurance must cover theft, loss, accidental damage, malicious damage, transit, international transit, overseas use, customs or storage periods, use by the Customer or third parties, continuing hire charges, loss of hire and any other risks reasonably associated with the hire, transport and use of the Equipment. The Customer must provide evidence of insurance on request, and the Company may refuse to release Equipment if satisfactory evidence is not provided. It is an express term of these Terms of Business that if for any reason whatsoever the insurers of the Equipment refuse to settle any claim made in respect of the Equipment under such insurance policy the Customer shall be liable to pay forthwith to the Company the balance of such claim and until such sum is paid in full the Customer shall pay interest from 7 days after the date of the Company's demand thereon on the same basis as if such sum was unpaid in that interest shall be payable to the Company upon the said sum at the rate of 2% per month or any part thereof.

8. Customer Obligations

8.1 The Customer shall during the term of these Terms of Business:

a) ensure that the Equipment is kept and operated in a suitable environment, and used only for the purposes for which it is designed;

b) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Company. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Company immediately upon installation;

c) keep the Company fully informed of all material matters relating to the Equipment;

d) at all times keep the Equipment in the possession or control of the Customer and keep the Company informed of its location;

e) not, without the prior written consent of the Company, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;

f) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Company in the Equipment;

g) not use the Equipment for any unlawful purpose;

h) deliver up the Equipment at the end of the hire period or on the termination of these Terms of Business at such address as the Company requires; and

i) not do or permit to be done anything which could invalidate the insurances referred to in Clause 7.

j) where the Equipment or Services are supplied or used outside the United Kingdom, comply with all applicable local laws, permits, licences, site rules, customs requirements, import/export controls, sanctions rules, health and safety requirements and any other regulatory requirements in the relevant territory.

k) where the Equipment includes any data storage media (including, without limitation, hard drives, solid state drives, memory cards or recording media), be solely responsible for any data placed on such media during the hire period and, before returning the Equipment, securely delete or otherwise remove all such data. The Company shall be entitled (but not obliged) to wipe, reformat or otherwise erase any data storage media on return, and shall have no liability for any loss of, or inability to recover, any data resulting from such wiping or reformatting, or from the Customer’s failure to remove its data before return.

9. Loss, Damage and Late Return

The Customer shall compensate the Company at the current replacement cost for all damages, missing items or deterioration through the negligent use of the Equipment, or for any failure or delay in return to the Company of the Equipment, or for any consequential loss of hire.

10. Confidentiality

10.1 Each party undertakes that it shall not at any time during these Terms of Business, and for a period of 5 years after termination of these Terms of Business, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party [or of any member of the group of companies to which the other party belongs], except as permitted by clause 10.2.

10.2 Each party may disclose the other party's confidential information: a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under these Terms of Business. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 10; and b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.3 No party shall use any other party's confidential information for any purpose other than to perform its obligations under these Terms of Business.

11. Warranty

11.1 The Company makes no warranty or representation to the Customer concerning the Equipment, its condition and/or the extent of its functions or purpose for which required, other than its ability to perform in the manner for which it was designed at the moment of departure from the Company's Premises or areas designated as such. The Company will not be responsible for the failure of any non-rechargeable batteries supplied by the Company. Neither does the Company make any warranty concerning the abilities of any technicians or other personnel supplied by or through the Company, and the Customer shall be responsible for all such actions of such technicians and personnel whilst working for the Customer.

11.2 The Company's liability for mechanical and/or electronic breakdown of its Equipment due to natural causes will be limited to an obligation to replace or repair the Equipment providing that the defective Equipment or part is returned to the Company at the place from which it was hired, with the costs of carriage, insurance and handling charges paid by the Customer. Alternatively, the Company may, at its discretion, pay the reasonable cost of the repair or, the hire cost of a replacement of the Equipment by a dealer approved by the Company. Any complaints or problems regarding the failure of Equipment must be notified in writing as soon as discovered by the Customer.

12. Indemnity

The Customer shall at all times keep the Company, its directors, employees, servants or agents indemnified against all actions, proceedings, costs (on an indemnity basis), charges, claims and demands or reimbursements for personal injury or damage to property caused by the negligence, mishandling, misuse of any Equipment or services or materials supplied by or through the Company, its directors, employees, servants, or agents, which may be made or brought by the Customer or any third party in relation to or in connection with Equipment, materials or services of technicians or any other services supplied by the Company and the Customer shall further indemnify and keep indemnified the Company, its directors, employees, servants or agents against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with these Terms of Business.

13. Variations

All dealings between the Customer and the Company will be based on these Terms of Business to the exclusion of all other terms and conditions. The Company shall not be bound by any conditions other than the foregoing. In the event of these Terms of Business being inconsistent with any conditions of the Customer, then these Terms of Business shall prevail.

14. Severance

If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Business.

15. Modifications to these Terms of Business

These Terms of Business may be modified at any time by the Company. Any modification will be notified to the Customer and will apply to any new hires of Equipment for which a Quotation is issued on or after the date the modification takes effect. Existing hires shall continue to be governed by the Terms of Business in force at the date of the relevant Quotation.

16. Cancellation and Changes

The Customer must notify the Company as soon as possible if it wishes to cancel or change a booking. The Company may charge cancellation fees where Equipment, personnel, preparation time, transport, third-party costs or other resources have been reserved or incurred for the booking. If the Customer changes the scope, dates, location, personnel requirements or other booking details, the Company may amend the Charges and availability accordingly.

17. International Supply, Customs and Carnets

Where Equipment or Services are supplied outside the United Kingdom by CineArk Limited, the Customer is responsible for all charges, costs, taxes, duties, customs fees, import/export charges, permits, clearances, storage, inspection fees, penalties, delays, fines and other expenses arising in connection with international transport, customs clearance, import, export, temporary admission, local use or return of the Equipment.

The Customer must provide all information, documents and assistance reasonably required for international shipment, customs clearance, carnets, permits, visas, work permissions or local compliance requirements. The Company is not liable for delay, non-delivery, seizure, detention, additional cost or loss caused by missing, late, inaccurate or incomplete information supplied by the Customer or any third party.

18. Termination and Repossession

18.1 Either party shall be entitled to immediately terminate these Terms of Business on giving written notice to the other if: a) That other party commits any material breach of these Terms of Business and, in the case of such a breach which is capable of remedy, fails to remedy the same within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied (for the avoidance of doubt any late payment or failure to pay by the Customer any sums due shall be a material breach); b) That other party makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or partnership) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of solvent amalgamation or reconstruction); or c) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of that other party; or d) That other party ceases, or threatens to cease, to carry on business.

18.2 On termination the Customer shall pay to the Company all Charges, costs and expenses due under these Terms of Business.

18.3 Neither party shall have any right to claim for any loss or damage occasioned by such termination, which shall be without prejudice to any accrued rights and remedies of either party.

18.4 At the expiry of the hire period or following termination of these Terms of Business for whatever reason, the Customer shall forthwith return the Equipment to the Company's Premises in good working order and condition.

18.5 If the Customer fails to return the Equipment on the due date, the Company may take lawful steps to recover the Equipment. The Customer must provide the Company, its employees, agents or representatives with reasonable access and assistance to enable the Equipment to be collected or recovered.

19. Limitation of Liability

Nothing in these Terms of Business limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that may not be excluded by law. Subject to the foregoing, the Company shall not be liable for any indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of production, loss of business, loss of opportunity, loss of data, loss of goodwill, delay costs or additional production costs. Subject to the foregoing, the Company's total aggregate liability arising out of or in connection with any hire, Equipment, Services, quotation or booking shall not exceed the lower of: a) the total Charges paid or payable by the Customer for the relevant booking; or b) the amount actually recoverable by the Company under its applicable insurance policy in respect of the relevant claim, unless a different liability cap is expressly agreed in writing.

19A. VAT and Taxes

All Charges are exclusive of VAT and any other applicable taxes or duties, all of which shall be payable by the Customer in addition at the prevailing rate. The Customer shall pay all sums due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding, except as required by law. If any deduction or withholding is required by law, the Customer shall pay such additional amount as is necessary to ensure that the Company receives the same total amount it would have received had no such deduction or withholding been made.

20. Data Protection

Each party shall comply with applicable data protection laws when processing personal data in connection with these Terms of Business. For information about how the Company handles personal data collected through its website or online interactions, please see the Company's Privacy Policy.

21. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations where caused by events outside its reasonable control, including weather, fire, flood, accident, strike, labour dispute, transport delay, supplier failure, equipment shortage, power failure, telecommunications failure, illness, epidemic, pandemic, government action, civil unrest, war, terrorism, customs delay, border delay, import or export restriction, carrier delay, seizure, detention, permit delay or other circumstances beyond its reasonable control.

22. Health and Safety

The Customer must comply with all applicable health and safety laws, site rules, risk assessments, method statements and safe working practices. The Customer is responsible for ensuring that the site, production environment, personnel and working conditions are safe and suitable for the use of the Equipment and Services.

23. Compliance

The Customer must comply with all applicable laws and regulations, including local laws, permits, licences, customs rules, import/export controls, sanctions rules, health and safety requirements and site requirements in any territory where the Equipment or Services are supplied, transported, stored or used. The Customer must not use the Equipment or Services for any unlawful purpose or in any way that may expose the Company to legal, regulatory, financial or reputational risk.

24. Governing Law

These Terms of Business shall be governed and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Business or their subject matter, provided that the Company may bring proceedings in any court of competent jurisdiction for the purposes of recovering the Equipment, enforcing its rights in the Equipment, or recovering any sums due from the Customer.

25. Notices

25.1 Any notice given under these Terms of Business shall be in writing and shall be delivered by hand, sent by pre-paid post or other next-day delivery service, or sent by email to the address or email address most recently notified by the relevant party for the receipt of notices (or, in the absence of such notification, to the address or email address shown on the most recent Quotation or invoice).

25.2 A notice shall be deemed received: (a) if delivered by hand, at the time it is left at the relevant address; (b) if sent by post, at 9.00 a.m. on the second business day after posting; and (c) if sent by email, at the time of transmission, provided that no bounce-back or error message is received within one business day.

26. Third Party Rights

A person who is not a party to these Terms of Business shall not have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.

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