Terms and conditions

We are OTT Media Limited, a company registered in England and Wales under company number 15122700, with our registered office at 346 Tamworth Road, Long Eaton, Nottingham, NG10 3AT. Our VAT number is GB 454 4429 85. In these terms, "we", "us" and "our" mean OTT Media Limited.

We supply equipment to businesses only. By placing an order you confirm that you are acting for the purposes of your trade, business or profession, and not as a consumer.

In these terms:

• "Customer" or "you" means the business that places the order, and in Part B is also called the "Hirer".
• "Equipment" means the items hired or sold, including any cases, cables, accessories, manuals and packaging supplied with them.
• "Contract" means the agreement between you and us for a hire or sale, made up of the confirmed quote or order and these terms.
• "Hire Period" has the meaning given in clause 8.1.
• "Replacement Value" means the full cost of replacing an item with a new item of the same or equivalent specification at the time of loss or damage.
• "Working day" means any day other than a Saturday, Sunday or public holiday in England.

Quotes are valid for 14 days unless they say otherwise, and depend on the equipment still being available when you confirm.

A contract is formed when we confirm your order in writing (including by email). Equipment is not reserved until then.

These terms apply in place of any terms you send us, including terms printed on a purchase order, unless we agree otherwise in writing.

Information on our website, including photographs, descriptions and specifications, is a guide only and does not form part of the contract. If a particular specification matters to you, please confirm it with us before ordering.

All prices are in pounds sterling and exclude VAT, which will be added at the applicable rate. Delivery, collection and carriage are charged separately unless included in your quote.

Unless you hold an approved credit account with us, payment in full is due before the equipment is dispatched or collected.

If you hold an approved credit account, invoices are payable within 30 days of the invoice date. We may withdraw or change credit terms at any time, and may ask for payment in advance for any order.

We may ask for a security deposit before a hire begins. We will refund it after the equipment has been returned and checked, less any amounts you owe us under these terms.

If you pay late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend or refuse further orders until your account is up to date.

You may not withhold or set off any payment because of a claim you have against us.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be limited or excluded.

Subject to clause 5.1, we are not liable for any loss of profit, revenue, business, contracts, production time or goodwill, any costs of crew, talent, venues or broadcast slots, or any indirect or consequential loss, however it arises.

Subject to clause 5.1, our total liability to you under or in connection with any contract is limited to the total price you paid for that hire or sale.

You are responsible for checking that the equipment is suitable for your purpose, and for making your own backup and contingency arrangements for any production that depends on it.

Your indemnity. You will indemnify us against all claims, losses, damages, costs (including reasonable legal costs) and expenses that we suffer or incur as a result of your use of the equipment, the use of it by anyone you allow to use it, or any breach by you of these terms. This does not apply to the extent that a loss is caused by our own negligence or breach.

Events outside our control. We are not responsible for delay or failure to perform caused by events outside our reasonable control, including supplier or carrier delays, extreme weather, strikes, power or network failures, or government action.

Personal data. We use the contact details you give us only to manage your orders and reply to your enquiries.

Changes to these terms. We may update these terms from time to time. The version in force when your order is confirmed applies to that order.

Transfer. You may not transfer your rights or obligations under a contract without our written agreement.

Subcontracting and sub-hired equipment. We may use subcontractors to carry out any part of a contract. We may also supply equipment that we have hired in from another supplier, or substitute equipment of an equivalent or better specification. Sub-hired equipment is treated as our equipment under these terms. If its owner imposes any extra conditions, for example on where it may be used, we will tell you before the hire starts and you must keep to them.

Severance and waiver. If any part of these terms is found to be unenforceable, the rest remains in effect. If we delay or choose not to enforce a term, we can still enforce it later.

Entire agreement. The contract is the whole agreement between us and replaces any earlier discussions about the same order.

Law. These terms and any contract are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

An "Insolvency Event" happens if you:

• are unable to pay your debts as they fall due, or admit that you cannot;
• propose or enter into any arrangement or composition with your creditors, including a company voluntary arrangement;
• have an administrator, receiver, administrative receiver or liquidator appointed, or a notice of intention to appoint an administrator filed, or a petition presented or resolution passed for your winding up (other than for a solvent reorganisation);
• if you are an individual or partnership, have a bankruptcy petition presented or a bankruptcy order made against you;
• stop or threaten to stop trading;
• have any distress, execution or other legal process levied against the equipment, the premises where it is kept, or any of your assets, or leave a court judgment against you unpaid for more than 7 days; or
• suffer anything equivalent to the above in any other jurisdiction.

You must tell us immediately if an Insolvency Event happens, or if you have reason to believe one is likely.

If an Insolvency Event happens or we reasonably believe one is about to happen; if you fail to pay any amount when it is due; if you breach clause 11 (use and care of equipment) or clause 13.2 (insurance); or if you commit any other material breach of these terms and do not put it right within 7 days of us asking you to; then we may, without liability to you and without affecting our other rights:

• suspend or cancel any order, delivery or hire that has not yet started;
• end any hire immediately and require the equipment to be returned at once;
• withdraw any credit terms and require payment in advance for any future order.

If we act under clause 7.3, everything you owe us becomes due immediately, including hire charges up to the date the equipment is returned, any charges for loss or damage, and the price of any equipment sold to you, even if the invoice is not yet due.

Hired equipment, and any sold equipment we still own under clause 14.2, belongs to us at all times. It does not form part of your assets and is not available to your creditors or to any administrator, receiver, liquidator or trustee in bankruptcy. You must make sure that anyone appointed over your business is told straight away that the equipment belongs to us, and you must keep it separate, identifiable and insured until it is returned.

You give us, and anyone acting for us, permission to enter any premises where our equipment is kept, at any reasonable time, to inspect it or take it back. This permission continues after the contract ends. You must pay our reasonable costs of recovering the equipment.

Ending a contract under this clause does not affect any rights or liabilities that had already arisen, or any clause that is intended to continue, including those on payment, loss and damage, and liability.

The Hire Period starts when the equipment leaves our premises (or is handed to you or your carrier) and ends when it is returned to our premises and checked in, or collected by us.

Hire is charged per day or part day, with a minimum charge of one day. Hires of 7 days or more are charged at the weekly rate, unless your quote says otherwise.

If equipment is returned late, the hire continues and is charged at the applicable rate until it is returned. If late return means we cannot fulfil another booking, you are also responsible for our reasonable costs of hiring in replacement equipment.

No reduction is made for days the equipment is not used, or for early return, unless we agree in writing.

If you cancel a confirmed hire, the following charges apply, based on the total hire charges:

• more than 7 days before the Hire Period starts: no charge;
• between 7 days and 48 hours before: 50%;
• less than 48 hours before, or once equipment has been dispatched: 100%.

Cancellation must be made in writing (email is fine). Any delivery or carriage costs already incurred are payable in full.

If we have to cancel a hire, for example because equipment has been damaged or not returned by a previous hirer, we will tell you as soon as possible and either offer equivalent equipment or refund what you have paid for that hire. We have no further liability for the cancellation.

Unless we agree to deliver, you are responsible for collecting the equipment from us and returning it to us at your own cost and risk.

Each hire is supplied with a delivery note listing the equipment, which you or your carrier will be asked to sign on collection or delivery. Please check everything against it. Signing the delivery note, or using the equipment, confirms that you received everything listed complete and in good working order, except for anything you tell us is missing or damaged within 24 hours and before the equipment is used.

Equipment must be returned complete, in the same cases and packing it was supplied in, clean and in the same condition, apart from fair wear and tear.

We will check returned equipment as soon as reasonably possible. We may charge for cleaning, for missing items and accessories, and for repairing damage beyond fair wear and tear.

The equipment remains our property at all times. You must not sell, lend, sub-hire, charge or otherwise part with it, or allow anyone to claim an interest in it.

You must make sure the equipment is used only by suitably trained and competent people, in accordance with the manufacturer's instructions and any guidance we give, and in compliance with all applicable laws and safety requirements.

You must protect the equipment from theft, weather, excessive heat, moisture and dust, and must not leave it unattended in unsecured places or in unattended vehicles.

You must not modify, open, repair or attempt to repair the equipment, remove labels, asset tags or serial numbers, or change any firmware, settings or configuration that we have not told you to change. If any item has been opened, modified or altered, or any cable or connector has been cut, re-terminated or rewired, we may charge you its full Replacement Value.

Equipment must not be taken outside the United Kingdom without our prior written agreement. Where we agree, you are responsible for all export and import paperwork, duties and taxes.

We, or someone acting for us, may inspect the equipment at any reasonable time during the Hire Period.

Licences and regulations. You are responsible for obtaining, and paying for, any licence, permit or consent needed to use the equipment, including any Ofcom licence for radio microphones, wireless intercom or other radio equipment, and for complying with all laws and regulations that apply to its use.

Location. You must tell us where the equipment will be used or kept during the Hire Period, and let us know before it is moved to a different site.

Loss of control. If you lose possession or control of any equipment, you must tell us immediately and take all reasonable steps, at your own cost, to recover it. You must also pay our reasonable costs of finding the equipment, or of contacting you if you do not respond to us during or after a hire.

Equipment is tested before it leaves us. If a fault develops during the Hire Period, stop using the affected item and tell us straight away.

Where a fault is not caused by misuse, accident or neglect, we will, at our choice, repair or replace the item as soon as reasonably possible, or credit the hire charge for that item for the time it was unusable. This is our only liability for faulty hire equipment.

If a fault turns out to have been caused by misuse, accident or neglect, you are responsible for the cost of repair or replacement, and for any call-out or replacement costs we incur.

From the start until the end of the Hire Period, the equipment is entirely at your risk, including while it is in transit or in the care of anyone working for you.

You must insure the equipment for its full Replacement Value against all risks of loss, theft and damage, including in transit, for the whole Hire Period. On request, you must give us evidence of that insurance before the hire begins. If you cannot, we may cancel the hire, and the cancellation charges in clause 9.1 will apply.

You must ask your insurer to note our interest in the equipment on your policy and, where possible, to name us as loss payee, so that any claim for our equipment is paid to us. If an incident involving our equipment happens, you must not settle, compromise or withdraw any insurance claim relating to it without our written agreement, and you must hold any insurance money you receive for our equipment on our behalf and pay it to us promptly.

If any equipment is lost, stolen or damaged during the Hire Period, you must tell us immediately. You must report any theft to the police, obtain a crime reference number and give it to us.

You must pay us the full cost of repair or, if the item cannot be economically repaired or is lost or stolen, its full Replacement Value. You must pay this whether or not your insurance pays out, and our claim is not reduced by any excess on your policy.

Loss of hire. If any equipment is lost, stolen or damaged during the Hire Period, you must also pay loss-of-hire charges at the weekly hire rate for that item, from the end of the Hire Period until it has been repaired or replaced and is back in our stock and available to hire, up to a maximum of 12 weeks. We will arrange the repair or replacement as quickly as is reasonably possible. We recommend that you ask your insurer to cover loss-of-hire charges as well as the value of the equipment.

You are responsible for any injury, loss or damage caused to other people or property by the equipment, or by the way it is used, during the Hire Period, and must hold suitable public liability insurance to cover this.

Delivery. Any delivery dates we give are estimates. We are not liable for delay, but if we cannot deliver within a reasonable time you may cancel the order and we will refund anything you have paid for it.

Risk and ownership. Risk in the equipment passes to you on delivery or collection. Ownership passes to you only once we have received payment in full. Until then, you must keep the equipment separate and identifiable, and we may recover it if payment is overdue or an Insolvency Event happens (see clause 7).

Checking on delivery. You must inspect the equipment on delivery and tell us of any damage, shortage or wrong item within 3 working days. If you do not, the equipment will be treated as accepted.

Our warranty. All equipment we sell is new and is designed and manufactured by us. We warrant that, for 12 months from the date of delivery, it will be free from defects in materials and workmanship and will perform substantially in line with its published specification.

Making a warranty claim. If you find a fault during the warranty period, tell us in writing promptly, quoting the serial number and describing the fault. Once we have given you a return reference, send the item to us suitably packed and at your cost. We will then, at our choice, repair it, replace it, or, if neither is practical, refund the price you paid for it, and we will return a repaired or replacement item to you at our cost within the UK. A repaired or replacement item is covered for the rest of the original warranty period, or for 3 months, whichever is longer.

Faulty on arrival. If equipment does not work when you first unpack it, and you tell us within 14 days of delivery, we will replace it with a new item or refund the price, at our choice, and cover the cost of returning it to us. You must return it complete with all accessories and its original packaging.

What the warranty does not cover. Clauses 14.4 to 14.6 do not apply to faults or damage caused by:

• misuse, accident, neglect or failure to follow our instructions or user documentation;
• incorrect installation, or use with incompatible or faulty equipment, power supplies or cabling;
• use outside the stated operating conditions or specification;
• opening the unit, or any repair, modification or firmware change not made or approved by us;
• damage in transit when you have arranged the carriage; or
• fair wear and tear, including to connectors, cables and cases.

If an item returned under warranty has no fault, or the fault is not covered, we may charge for testing, any repair you ask us to carry out, and return carriage.

Clauses 14.4 to 14.7 set out all of our obligations for faulty sale equipment. Any other liability is limited as set out in clause 5.

Returns. Because we sell to businesses only, there is no automatic right to return equipment that is not faulty. We may accept a return by prior written agreement, in which case it must be unused and in its original packaging, and we may charge a restocking fee.

Cancellation. Once a sales order is confirmed it can only be cancelled with our agreement. Items built or configured specially for you may not be cancellable, and we may charge for any costs we have already incurred.

Product changes. As part of ongoing development, we may change the design, components or specification of our products, as long as the change does not materially reduce the performance or function of what you ordered.

Notices under these terms can be sent by email. Questions about these terms are welcome.