Napier University Photography Store and Clients Liabilities

a) Where in these Terms and Conditions the liability of the  Napier University Photography Store in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly. Nothing in the these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.

b) While the  Napier University Photography Store shall make every effort to assist the Client with technical know how and experience and shall provide general advice and service Napier University Photography Store shall not guarantee that the Client will achieve his intended result by the use of hired equipment and services.

c)  Napier University Photography Store  shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Client or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by  Napier University Photography Store.

d)  Napier University Photography Store shall not be liable for any delay or other breach resulting from wars strikes lock-out restrictions non-availability of goods materials or labour or owing to any other cause whatsoever beyond its control.

e) Time is not of the essence in any contract with the Client and  Napier University Photography Store shall not be liable for any delays in the supply of equipment materials and services by it or for any losses whatsoever due to any such delays howsoever caused.

f) All equipment and materials entrusted to Napier University Photography Store and all equipment and materials and services supplied by Napier University Photography Store are entirely at the Clients risk.  Napier University Photography Store shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of  Napier University Photography Store.

g)  Napier University Photography Store shall not be liable for any costs incurred in getting replacement equipment to the Client in the event of the breakdown of that equipment even where such a breakdown shall have been caused or contributed to by the negligence of Napier University Photography Store.

h) The responsibility for the delivery of any replacement equipment and the return of any faulty equipment rests solely with the Client.

i) The Client shall be required to insure its materials and its work and operations against any loss damage or liability caused by or arising out of or in connection with equipment materials or services supplied by Napier University Photography Store or any contract with  Napier University Photography Store . The Client shall inform insurers of  Napier University Photography Store’s Terms and Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against the Company.

j) The Client shall at all times keep  Napier University Photography Store its directors employees servants agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be brought against  Napier University Photography Store its employees servants agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by Napier University Photography Store or for breach of copyright or any other proprietary or other rights of third parties generally resulting from compliance with the Clients instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract of  Napier University Photography Store its directors servants or agents.

k) The Client shall further compensate  Napier University Photography Store for any loss which Napier University Photography Store may suffer as a result of variation of any order for the supply of equipment materials or services or failure to return any hired equipment to Napier University Photography Store's premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Client of these Conditions.

The Clients Insurance

Without specific written agreement to the contrary prior to the commencement of the hire period the Client shall affect its own insurance on the equipment. The Client shall ensure that  Napier University Photography Store's interest is noted by the insurers and shall notify Napier University Photography Store accordingly and give such other details of the policy or policies as Napier University Photography Store may require. The Clients policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause b above. Particulars of replacement values, repair costs and daily rates for continuing hire will be supplied by Napier University Photography Store on request as appropriate.

Failure to Return Goods/Damaged Goods

The Client shall pay to  Napier University Photography Store  the full replacement value of hired equipment not returned or the full cost of repairing any damage  in accordance with Clause 6 of these Conditions due to loss or damage.

Late Returns

Equipment returned late will be reported to signatory lecturer in charge of the module that the equipment is being used for.

Use of Equipment

Without the previous consent of  Napier University Photography Store hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Clients must keep hired equipment in their custody and must ensure it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment. Clients must protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances may Clients alter, add to, modify adapt or misuse equipment hired to them by  Napier University Photography Store or affix to, install thereon or insert therein any accessory equipment or device incompatible with its proper use.

Condition of Goods

a) All equipment and materials supplied by Napier University Photography Store shall be examined and checked and subjected to appropriate tests by the Client before being taken into use and if found to be defective or deficient will be replaced or defects and deficiencies remedied by Napier University Photography Store with charge but in no circumstances shall  Napier University Photography Store be liable for transportation charges or for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment and materials supplied or agreed to be supplied.

b)  Napier University Photography Store shall at its own expense at all times during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Client returns any equipment needing attention to Napier University Photography Store premises. Carriage insurance and handling charges including charges for the return journey of repaired or replacement equipment to be paid by the Client.  Napier University Photography Store will suspend the hire during the period in which the equipment is out of service or until it is replaced as the case may be but  Napier University Photography Store shall in no circumstances be liable to the Client for any loss or damage or expense incurred or sustained in connection with or resulting from the return or repair or replacement of such equipment. 

c) Fines will be issued for the following reasons: 
If equipment is returned late and impacts on another booking. (£10 per offence, overall booking)
If equipment is returned messy or dirty and isn't cleaned in the 4 hour grace period (£10 per offence, overall booking)
If equipment is returned broken due to mishandling or neglect (fine dependant on damage, per item)
If an item is lost due to neglect (£250 fine to cover insurance excess minimum, per item)
Honesty and communication is the best way to avoid a fine. Siso accounts will be frozen until fines are settled. Fines must be settled prior to Graduation. Fines are limited at £50 unless an item is lost (£250 fine minimum).