(i) The ‘Company’ is History in the Making Ltd. A Registered Firearms dealer (RFD) registration number D471 (Hampshire). The Company is granted authority by the Home Secretary for the ownership and use of weapons prohibited under section 5 of the Firearms Act 1968 (‘section 5’). The Company is a limited company trading within the EU boundaries under the current Home Office legislation.
(ii) The ‘Hirer’ or ‘Customer’ is any person or company who hires or has agreed to hire goods from the Company. ‘Goods’ means items provided by the Company in accordance with the Company’s standard terms and conditions of hire.
2. Acceptance of Conditions.
(i) The customer’s acceptance of goods on hire from the Company implies total acceptance of our terms and conditions of hire.
3. Application of Conditions.
(i) These Terms and Conditions of Hire supersede any previous Terms and Conditions. Any waiver by the Company of there Terms and Conditions of Hire on any occasion shall merely act as a waiver on that occasion, and shall not affect the Company’s right to enforce any of these Terms and conditions on any further occasion. No Terms and Conditions stipulated by the Hirer shall have effect unless agreed in writing from the Company. The Company reserves the right to impose Terms and Conditions of use other than current UK Firearms Law and Home Office Legislation.
4. Retention of Title.
(i) All goods remain the absolute property of the company and the Customer undertakes not to sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the goods; nor allow any lien to be created on the goods on hire.
5. Limit of Liability for Defect or Failure.
(i) The Company’s liability in respect of any defect or failure of the goods supplied on hire is limited only to making good such defect or failure by repair or replacement of the goods at the Company’s option.
6. Loss, Theft of Damaged Goods.
(i) Any damage or loss of Company property will be repaired or replaced at current market value. All costs will be recovered from the hirer.
7. Section 5 Firearms.
(i) Each and every activity undertaken through the privilege of the Company’s Section 5 Authority must be done so with the consent of the Company Director, Hamish MacLeod or a designated and qualified servant of the company. Every intended activity that requires the privilege of the Company’s Section 5 authority must be fully disclosed in advance to the Company for written approval.
(ii) All authority of the firearms, and the use of the said firearms, is only permitted at the consent of the Company. The Company’s authority regarding any issue in relation to the Company’s services is total at all times and can not be assigned to a third party.
(iii) Any damage to a firearm or stoppage of firing must be reported to a qualified servant of the company immediately. Use of a firearms after damage or any attempt to disassemble a company owned firearm by anyone other than a company armourer will result in the operator or hirer being permanently refused access to any firearms belonging to the Company.
(iv) The Company will call upon the full support of the Police and the Home Office to support any infringement of the firearms act or the Company’s Terms and Conditions. The Company reserves the right to terminate any contract of employment if it feels that the Company Terms and Conditions or Police or Home Office regulations are being compromised.
8. Operators – Qualification and Training.
(i) With respect to all licensed firearms the Company, at the hirers request, will provide qualified Company armourer to operate the firearms. If the hirer wishes a third party to operate the firearm, this will only be done under the direct instruction and control of a company armourer.
(ii) With respect to non-licensed blank firing devices, it is company policy that full instruction on the safe use and maintenance must be given prior to any contract of hire being completed. Training may be given at the company premisses or on location. A fee is charged for the completion of any training course.
(iii) The Company reserves the right to allow appropriate access and use of any Company goods within the perimeter of any consented activity. The Company reserves the right to refuse access to any or all of the company’s goods at any time if the Company, or any servant of the Company believes that the hirer is not adhering to the Company’s safety regulations or if there is intent to violate the Company’s Terms and Conditions.
(iv) It is a condition of insurability that the Company can only hire non-licensed blank firing apparatus to hirers who have completed a training session with a Company Armourer. Written evidence of this will form part of the contract to hire.
9. Transfer of Liability.
(i) Delivery or transfer of a firearm from a servant of the Company to an operator provided or specified by the hirer will automatically transfer all liability for accident, injury caused by the operator to the hirer.
(i) Each firearm supplied by the Company has been specifically regulated to work with a particular make, model and power of ammunition. Failure to use the exact ammunition can result in malfunction and may damage the firearm. There is also a high risk of injury to the operator. Only ammunition that is supplied from the stock of the Company is permitted to be used in Company firearms.
11. Availability of Equipment.
(i) The goods supplied by the Company to the Hirer are periodically unavailable for hire due to repair or maintenance. The company will make every reasonable endeavour to ensure that the goods contracted to the hirer are available for the full contracted hire period of the said goods. However, if for whatever reason the Company is forced to remove a firearm from the Hirer for maintenance reasons, the Company will offer a substitute or alternative firearm that we have available. If the substitute firearm is not wanted by the hirer, then the contract of hire can be terminated at the choice of the hirer. Any outstanding hire fee will be credited to the hirer. This act will not constitute or be considered as a breach of contract by the Company in any way or form.
12. Termination of Liability.
(i) The Company shall be relieved of all liability for obligations incurred to the hirer and any other third party wherever, and to which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond the control of the Company, including but not limited to causes arising from acts or omissions of the Hirer.
(i) This contract shall be governed by English Law in the Courts of England.
(i) Replica and Deactivated Firearms are hire at the standard 1-7 day minimum hire period. (1 theatrical week)
(ii) Section 5 Firearms which are being supervised by on of our company Armourers are rented on a daily basis.
(i) Replica and Deactivated firearms may be delivered using our courier service. Usually an overnight delivery service. However, due to unforeseeable circumstances, we recommend that clients allow 2 days for delivery.
(ii) Blank firing and live firearms may only be delivered by a licensed and qualified transit authority. Details are available from our office.
16. Security Deposit
(i) Due to the extremely high value of our products a security deposit must be paid prior to dispatch or delivery. This security deposit will be a percentage of the value of the products being hired.
(ii) On the safe return of the Companies Property on hire, and on the condition that the Property is in the same condition as when it was released to the client, any security deposit will be returned in full to the client.
(iii) Any damage or loss or failure to return the Companies Property within the agreed hire period will be charged to the hirer and outstanding payments, repair costs or replacement cost will be invoiced and charged to any security deposit held by the Company.