- Definitions and Law
- General Terms & Conditions
- Dry Hire and Assisted Dry Hire Terms & Conditions
- Conditions Applicable to All
4 CONDITIONS APPLICABLE TO ALL
| 4.1 | Payment and Interest |
| 4.1.1 | Where no account facilities have been granted to the customer in writing, each payment must be made by the required payment date as specified within the company quotation and/or company order confirmation. Should the company quotation and order confirmation not specify any payment date(s) then by default the following applicable payment terms apply:- – 25% booking deposit must be received when the customer is placing their order. – The remaining balance must be received in full, in advance of, or at the time of collection or delivery. |
| 4.1.2 | Where account facilities have been granted to the customer in writing, all invoices must be paid within the credit terms agreed from the invoice date of the company’s invoice. |
| 4.1.3 | Should the outstanding balance on the customer’s account become overdue, the company reserves the right to put all orders on hold and withhold goods and services until such a time as the account is settled and payment terms have been met. |
| 4.1.4 | Where payments are not made under the contract by the due date for payment, then the customer shall pay the company interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. The customer shall pay the interest together with the overdue amount. |
| 4.1.5 | The payment of such interest shall be without prejudice to any other rights or remedies of the company. |
| 4.1.6 | Any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer. |
| 4.1.7 | The customer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding except as required by law. |
| 4.1.8 | The company may, without limiting its other rights or remedies, set off any amount owing to it by the customer against any amount payable by the company to the customer. |
| 4.1.9 | Notwithstanding any provision in these terms of business to the contrary the customer shall if required by the company pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order. |
| 4.1.10 | The company does not commit itself to send statements of account, but normally does so on a regular basis. In the event that the company does not within 30 calendar days of the date of a statement of account receive an objection in writing against its balance, the statement of account shall be deemed to have been conclusively accepted by the customer, also with effect in respect of a subsequent dispute. |
| 4.2 | Cancellation of an Order Confirmation |
| 4.2.1 | The customer agrees that in the case of their cancellation of any required equipment hire or services the customer will cancel in writing and reimburse the company an amount or a percentage of the total confirmed order amount inclusive of vat as follows: a) 61 calendar days or more prior to the confirmed collection date: 0% b) Between 60 and 31 calendar days prior to the confirmed delivery date: 25% c) Between 30 and 15 calendar days prior to the confirmed collection date: 50% d) Between 14 and 8 calendar days prior to the confirmed collection date: 75% e) Within 7 calendar days prior to the confirmed collection date: 100% |
| 4.2.2 | Cancellation fees shall be due immediately upon any such cancellation by the customer. |
| 4.2.3 | Postponement of an agreed date shall be regarded as a cancellation, unless agreed otherwise. |
| 4.3 | Delivery and Carriage |
| 4.3.1 | All times quoted or stated for delivery are approximate only. |
| 4.3.2 | Hire charges or sale prices do not include carriage. Any expenses incurred by the company in delivery or recovering equipment or attempting the same will be paid by the customer. |
| 4.3.3 | Where carriage charges are quoted by the company, all charges are exclusive of VAT and the company shall be free to select a carrier and mode of transport. |
| 4.4 | Intellectual Property |
| 4.4.1 | The company shall have and retain the property, copyright, design right and all other intellectual or industrial property rights in all know how, trade secrets, trade marks, service marks, drawings, designs, plans, models, specifications and/or estimates prepared by the company. If the customer uses or allows any third party to use any design or other intellectual property rights of the company provided as part of the contract work other than as contemplated under the contract, the customer will, without prejudice to any other remedy available to the company, pay the company under the contract plus VAT. |
| 4.5 | Confidentiality |
| 4.5.1 | A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause shall survive termination of the Contract. |
| 4.6 | Liability |
| 4.6.1 | The company’s liability for any defect in the equipment shall be limited to and in no case exceed: a) any manufacturer’s warranty sold with the equipment; or if there shall be none: b) the total hire cost of the equipment hired from the company. |
| 4.6.2 | Consequential losses: Nothing in these terms and conditions shall make the company liable for any consequential loss to the customer including any expense liability loss claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability incompatibility, or unlawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same. |
| 4.6.3 | The company will not be responsible for any non-fulfilment of contract by either Management or Artist, or for any goods or services booked from a third party, but every reasonable safeguard is assured. |
| 4.6.4 | Where the customer is to supply goods (‘Customer’s Property’) to the company in connection with the contract the company will not be liable to the customer for loss of or any damage to customer’s property unless caused by the negligent act or omission of the company. |
| 4.7 | Injury to Persons and Damage to Property |
| 4.7.1 | Subject to clause 4.6 above the company shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in the equipment and where such defect is caused by the negligence of the company. |
| 4.8 | Termination of Contract |
| 4.8.1 | The company shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time: a) The customer is in breach of these terms; or b) The customer shall take any steps or if any act or proceeding is commenced in which the customer’s solvency is in the reasonable view of the company, in doubt. Such termination shall not affect the right of the company to recover from the customer any monies due under this contract, interest, consequential loss or damages for breach. |
| 4.8.2 | The customer hereby authorises the company to enter upon any property upon which the company reasonably believe any equipment to be and the company in their absolute discretion may recover and remove the equipment. |
| 4.8.3 | The customer hereby authorises the company (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the contract) to deduct any sums properly due to the company arising under a breach of these terms from any credit card, debit card or charge account details of which are in the possession of the company. |
| 4.9 | Force Majeure |
| 4.9.1 | Although the company shall use all reasonable endeavours to discharge its obligations under a contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control. |
| 4.9.2 | For the purposes of this contract, a “Force Majeure Event” means an event beyond the reasonable control of the company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic or default of suppliers or subcontractors. |
| 4.9.3 | The company shall not be liable to the customer as a result of any delay or failure to perform its obligations under this contract as a result of a Force Majeure Event. |
| 4.9.4 | If the Force Majeure Event prevents the company from providing any of the Services and/or Goods for more than 2 weeks, the company shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the customer. |
| 4.10 | Insolvency |
| 4.10.1 | If the customer, being an individual, or being a firm, if any partner in the Customer is the subject of a petition for a bankruptcy order or of an application for an interim order under Part Vlll of the Insolvency Act 1986, or if the customer, being a company, compounds with its creditors or has a receiver or manager appointed in respect of all or of any part of its assets or is the subject of an application for an administration order or of any proposal for a voluntary arrangement under Part 1 of the Insolvency Act 1986, or enters into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction, or if the company reasonably believes that any of the above events is about to occur, then the company shall be entitled immediately, and at any time thereafter, to terminate forthwith any contract or any unfulfilled part thereof. |
| 4.11 | Rights Reserved |
| 4.11.1 | Any failure by the company to enforce any or all of these conditions shall not be constructed as a waiver of any of the company’s rights hereunder. |
| 4.11.2 | If any provision of the contract which is held by a competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of the contract and the remainder of such provision shall not be affected. |
| 4.11.3 | The company reserves the right to use photographic equipment at events where it supplies equipment and/or services for the purposes of obtaining photographs and video footage of the company equipment and/or crew in use/work, which may be used on the company website and/or for advertising and marketing purposes. The company will restrict its usage of such photographic equipment when provided prior to the event start date, and in writing, with any legal documentation or artist contractual clauses that detail the prohibition of such equipment. |
| 4.12 | Copyright |
| 4.12.1 | The company notifies the customer that playing or showing copyright material in circumstances where the customer or anyone authorised by him/her does not hold the appropriate licence of the copyright holder he/she will infringe copyright and may become liable in damages for so doing. |
| 4.12.2 | The customer by accepting delivery of sound or visual reproduction equipment warrants that he/she has or will obtain the appropriate licence for the said performance playing or showing, prior to using the equipment for the said purpose. |
| 4.13 | Your Information |
| 4.13.1 | The company will hold information about its customers on file both written and electronically. This information will comprise of customer contact information, event specific information, account information, quotation information and any other relevant details that relate to the products and services that customers request from the company verbally and in writing. |
| 4.13.2 | The company will process your information in line with the company Privacy Policy, available on request. |
