1.1. In these terms and conditions the following words shall have the following meanings:
1.1.1. “The company”, “On Productions”, “On Events”, “On Event Production Co.” and “On Event Production Company” shall mean On Event Production Co. Ltd or any part thereof.
1.1.2. “The equipment” shall mean goods, materials, components and services hired or sold by On Event Production Co. Ltd or any part thereof.
1.1.3. “Goods” shall mean any goods and/or materials which On Event Production Co. Ltd is to supply to the customer (including any of them, or any part of them).
1.1.4. “Bespoke Goods” shall mean the goods that are designed and/or fabricated for the customer, (examples including and not explicitly limited to: Artwork, designs, CAD, print, furniture, set, scenery, props and exhibition stands).
1.1.5. “Services” shall mean any works and/or services which On Event Production Co. Ltd is to supply to the customer (including any of them or any part of them).
1.1.6. “The customer”, “the client”, and “the hirer” is the person, business, corporate or public body hiring or purchasing the equipment. Any person purporting to act on behalf of the customer shall be bound by the contract.
1.1.7. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damage whatsoever.
1.1.8. “Conditions” shall mean these terms and conditions and any special conditions.
1.1.9. “Special Conditions” are any special terms and conditions applicable to the Hire Contract or Order Acknowledgement identified as being special conditions and appearing in writing together with the company quotation to the customer.
1.1.10. “Dry Hire” shall mean the equipment hired by On Event Production Co. Ltd to the customer, or any part thereof, where the customer arranges both the collection of the equipment from On Event Production Co. Ltd and the return of the equipment to On Event Production Co. Ltd. No delivery, installation, operation, breakdown or collection services are provided by On Event Production Co. Ltd.
1.1.11. “Assisted Dry Hire” shall mean a Dry Hire where On Event Production Co. Ltd provide additional services for the delivery, installation, breakdown and collection, (including any of these services, all of them, or any part of them) and where the customer hires the equipment between the point of their collection of the equipment, or completion of installation where assisted, through to the return of the equipment to On Event Production Co. Ltd, or commencement of breakdown if assisted.
1.1.12. “Quotation” and “Proposal” shall mean a formal written quotation describing the specification of the equipment, goods and services to be supplied by On Event Production Co. Ltd.
1.1.13. “Contract” and “Hire Contract”, “Order Confirmation” and “Order Acknowledgement” shall mean the contract between On Event Production Co. Ltd and the customer for the hire and/or sale of goods and/or services to the customer, comprising of these terms and conditions, special conditions and any other documentation referred to in the company quotation.
1.1.14. “Written Confirmation” shall mean any form of written acceptance from the customer sent to On Event Production Co. Ltd, or written confirmation of acceptance of a customer order by On Event Production Co. Ltd sent to the customer, via email, fax or letter.
1.1.15. “Interest” shall mean interest calculated in accordance with clause 6.1.
1.1.16. “K” or “k” when used in a Quotation, Contract or other documentation issued by On Event Production Co. Ltd is an abbreviation for 1000 when used in such an appropriate context.
1.2. The Contract shall be interpreted and applied in accordance with English Law and the parties to this contract agree to submit to the exclusive jurisdiction of the English Courts.
1.3. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
1.4. A reference to one gender includes a reference to all genders.
2.1. Please read these terms carefully as these terms explain the rights and obligations the customer shall have and shall govern the contract between the customer and the company to the entire exclusion of any other express or implied conditions including any terms or conditions which the customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. Acceptance by the company of any order is conditional on the customer accepting that the contract will be governed solely by these terms. In particular, it is agreed that any Purchase Order or similar document from the customer relating to the company’s quotation is intended to accept these terms and the quotation, but is otherwise for the customer’s own administrative purposes only.
2.3. On Event Production Co. do not sell to consumers and the customer warrants that they are not a “consumer” within the meaning of any applicable regulations.
2.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, contract, order confirmation or other document or information issued by the company shall be subject to correction without any liability on the part of On Event Production Co.
2.5. Communication by telephone, verbal instruction, fax or email is legally binding providing that it is in conformance with these terms.
2.6. The opening or receipt of any documentation by the customer referring to our Terms and Conditions indicates an acceptance of and agreement to them unless otherwise expressly rejected or disputed by the customer and with direct reference to the offending clause or term.
2.7. For ease of reading the terms applicable to elements of your contract these are grouped as below:
a) Production and Events Terms,
b) Dry Hire and Assisted Dry Hire Terms,
c) Sale of Goods and Bespoke Goods Terms,
d) Conditions Applicable to All.
3.1. Letter of Engagement
3.1.1. A letter of engagement will be issued by the company when pre-production work, design work, site-visits or other services are required, or the company deem may be required, prior to the company obtaining enough information to be able to provide a quotation to the customer.
3.1.2. The letter of engagement will detail the grounds upon which the company has been engaged by the customer.
3.1.3. The company will only be able to commence the services requested once the letter of engagement has been accepted, signed and returned by the customer.
3.1.4. Where a letter of engagement is issued, specific cancellation terms apply, (See clause 6.2 below).
3.2. Quotations, Orders and Order Confirmations
3.2.1. Quotations issued by the company are valid and open for acceptance within 14 days from the date of issue, unless stated otherwise in the quotation.
3.2.2. The customer may place orders for the full services as detailed in the quotation, or any specific parts of the quotation.
3.2.3. When the customer places multiple orders for parts of the company’s quotation at different times these will be treated independently for the equipment and services as ordered.
3.2.4. Orders issued by the customer shall only bind the company and the customer when confirmed in writing by the company.
3.2.5. The company will provide an order confirmation in writing to the customer for each order as placed by the customer for either the full equipment and services as per the quotation, or detailing the specific elements of the equipment and services ordered from within the quotation. Where there are one or more partial orders from a quotation the company’s order confirmation will also detail the remaining equipment and services not yet ordered on any of the orders relating to the quotation, together with any remaining deadlines for receipt of order of particular elements where applicable.
3.2.6. If conditions relating to the equipment, services, delivery, collection, quantity, price or payment terms or other matters stated in the company’s order confirmation vary from the customer’s order or acceptance of quotation and the customer does not wish to accept the variations, then the customer must notify the company to that effect in writing within 5 days from the date of order confirmation. Failing which, the customer shall be deemed to have accepted all the terms and conditions, which shall commit a binding commitment between the parties for the equipment and services as detailed in the order confirmation.
3.3. Permission to enter Contract
3.3.1. Verbal instruction or written confirmation of acceptance of a quotation shall constitute the forming of a contract.
3.3.2. The individual warrants that they are duly authorised on the customer’s behalf to enter into the contract and personally indemnifies the company against all losses and costs that may be incurred by the company if this is not the case.
3.4. Customer’s Responsibilities
3.4.1. The customer’s responsibility for the equipment commences on receipt of the equipment by the customer or his/her agent or on delivery and ends when the equipment is returned to the company’s physical possession.
3.4.2. The customer shall not at any time sell dispose or otherwise part with control of the equipment to any third party or attempt to do so.
3.4.3. The customer shall be responsible for obtaining all necessary licences and other permissions whatsoever for the performance of the contract.
3.5.1. The customer shall assume complete responsibility and be liable for loss of or damage to the equipment (excluding fair wear and tear and loss or damage to the equipment arising from a mechanical failure due to a fault within the equipment itself) from the time that the customer takes receipt of the equipment to the time that the equipment is collected by the company or transported or returned by the customer to the company’s premises and returned to the physical possession of the company. Any unattended Equipment must be kept in a secure environment.
3.5.2. The customer agrees to pay the company the full replacement value of any equipment lost, stolen or damaged (without deduction for usage wear tear or age).
3.5.3. The customer shall insure the equipment in full against the above liability.
3.5.4. All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to the company on demand to the extent that any such payment is due under this clause.
3.5.5. The customer shall not compromise or settle any claim without the express consent of the company.
3.5.6. In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge equivalent to the full daily hire charge together with any consequential loss until the equipment is replaced.
3.6. Hire Equipment Insurance Waiver
3.6.1. The company provides the option for the customer to pay a charge equivalent to 12% of the hire equipment value element of the contract to waiver the requirement for the customer to be fully liable for the hire equipment whilst the customer is responsible for the hire equipment.
3.6.2. This contractual waiver relates to the company’s rights for loss or damage of the company’s equipment being hired to the customer only. It does not relate to any other goods sold to the customer or bespoke goods sold to the customer. It also does not relate to any other right to damages, whether in contract or tort.
3.6.3. Where the customer confirms they require the ‘Hire Equipment Insurance Waiver’, the company agrees to waive the requirement that the customer assumes complete responsibility and liability for any loss or damage in respect of hire equipment owned by the company that is being hired to the customer. This means that in the event the hire equipment that is on hire to the customer is lost or damaged, the company’s insurers will not seek to recover any costs directly from the customer (waiver of subrogation rights against the hirer). Subject to the following conditions:
a) The customer must ensure that any unattended hire equipment is kept in a secure environment.
b) The customer must notify the company of any loss, damage or theft immediately and provide any information as requested by the company,
c) The customer must notify the police of any loss or theft immediately and within no more than 24 hours of the loss or theft, and a crime reference number obtained and shared with the company,
d) The customer must be able to demonstrate that reasonable care has been taken to prevent loss or damage,
e) In respect of losses due to theft or damage, the Hire Equipment Insurance Waiver does not protect the customer for the following sums which are always payable by the customer by way of contributory payment (the excess):
Loss amount Sum payable by the customer:
Loss Amount >> Sum payable by the customer
Under £1000 >> £250
Under £5000 >> £500
£5000 and over >> £1000
f) Exclusions: – Loss or damage will not be waived where it arises due to failure to clean and conduct routine maintenance of the hire equipment goods where this is the client’s responsibility, due to the client’s dishonesty, theft from an unattended vehicle, loss or theft not notified to the police within 24 hours, loss or theft without a crime reference number, loss from theft where evidence of forcible entry is not obtained, loss of hire equipment revealed only when an inventory is made, loss or damage resulting from the incorrect or inadequate packing of the hire equipment, loss of hire equipment hired for the purposes of stunt, underwater or aerial photography/videography or other dangerous activities, loss arising from civil disturbance, loss arising from terrorist risk or attack, and any loss occurring outside the United Kingdom.
4.1. Quotations, Orders and Order Confirmations
4.1.1. Quotations issued by the company are valid and open for acceptance within 14 days from the date of issue, unless stated otherwise in the quotation.
4.1.2. The customer may place orders for the full services as detailed in the quotation, or any specific parts of the quotation.
4.1.3. When the customer places multiple orders for parts of the company’s quotation at different times these will be treated independently for the equipment and services as ordered.
4.1.4. Orders issued by the customer shall only bind the company and the customer when confirmed in writing by the company.
4.1.5. The company will provide a hire contract in writing confirming the order to the customer as placed by the customer for either the full equipment and services as per the quotation, or detailing the specific elements of the equipment and services ordered from within the quotation. Where there are one or more partial orders from a quotation the hire contract will be updated after each order to detail all of the equipment and services ordered up to and including the most recent order.
4.1.6. If conditions relating to the equipment, services, delivery, collection, quantity, price or payment terms or other matters stated in the company’s order confirmation vary from the customer’s order or acceptance of quotation and the customer does not wish to accept the variations, then the customer must notify the company to that effect in writing within 5 days from the date of order confirmation. Failing which, the customer shall be deemed to have accepted all the terms and conditions, which shall commit a binding commitment between the parties for the equipment and services as detailed in the order confirmation.
4.2. Permission to enter Contract
4.2.1. Verbal instruction or written confirmation of acceptance of a quotation shall constitute the forming of a contract.
4.2.2. The individual warrants that they are duly authorised on the customer’s behalf to enter into the contract and personally indemnifies the company against all losses and costs that may be incurred by the company if this is not the case.
4.2.3. Where the customer has not been granted account facilities, one form of pictorial ID will be required prior to commencement of the hire. The company will only accept a valid driving license or valid passport, which may be retained by the company for the duration of the hire period.
4.2.4. Where the customer has not been granted account facilities, a recent utility bill will be required to confirm the name and address as provided on the pictorial ID required, (see clause 4.2.3).
4.3. Hire Period
4.3.1. The hiring period commences at 12:00 hrs on the date as specified in the order confirmation and hire contract.
4.3.2. The hire period terminates at 12:00 hrs on the last date of the hire period as specified in the order confirmation and hire contract.
4.3.3. All equipment remains the sole property of the company for the duration of the hire period and must be surrendered to a representative from the company upon request.
4.4. Customer’s Responsibilities
4.4.1. The customer’s responsibility for the equipment commences on receipt of the equipment by the customer or his/her agent or on delivery and ends when the equipment is returned to the company’s physical possession.
4.4.2. The customer shall not at any time sell dispose or otherwise part with control of the equipment to any third party or attempt to do so.
4.4.3. The signatory to the hire contract and the customer jointly and severally undertake with the company that everyone who uses the equipment has been properly instructed in it’s safe and proper operation and will ensure that every user is in the possession of necessary instructional material and further will not allow the equipment to be misused.
4.4.4. The customer will at all times fully indemnify the company against any expense liability financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery, hire, use, non-use, repossession, collection, return, or non-return of the equipment.
4.4.5. Nothing in this clause shall affect the statutory rights of the customers or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977.
4.4.6. The customer shall be responsible for obtaining all necessary licences and other permissions whatsoever for the performance of the contract.
4.5.1. The customer shall assume complete responsibility and be liable for loss of or damage to the equipment (excluding fair wear and tear and loss or damage to the equipment arising from a mechanical failure due to a fault within the equipment itself) from the time that the customer takes receipt of the equipment to the time that the equipment is collected by the company or transported or returned by the customer to the company’s premises and returned to the physical possession of the company. Any unattended Equipment must be kept in a secure environment.
4.5.2. The customer agrees to pay the company the full replacement value of any equipment lost, stolen or damaged (without deduction for usage wear tear or age).
4.5.3. The customer shall insure the equipment in full against the above liability.
4.5.4. All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to the company on demand to the extent that any such payment is due under this clause.
4.5.5. The customer shall not compromise or settle any claim without the express consent of the company.
4.5.6. In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge equivalent to the full daily hire charge together with any consequential loss until the equipment is replaced.
4.5.7. For all dry hires and assisted dry hires the company will request a copy of the customer’s hired-in insurance cover note for evidence of insurance cover arrangements prior to being able to accept an order.
4.6. Damage Deposits:
4.6.1. Where no account facilities have been granted, a damage deposit of £200 may be required to be paid to the company prior to or upon collection of the equipment. In the cases where the total quoted hire fee exceeds £1000 (inc. vat) then the damage deposit required will not be £200; instead it will be equal to 20% of the total quoted hire fee rounded to the nearest whole £10. (E.g. A hire fee of £1277.60 shall require a damage deposit of £260.00)
4.6.2. The damage deposit will only not be returned to the customer after the hire period should any equipment be returned damaged, lost or stolen, at which point the difference between the damage deposit and the cost of repair/replacement shall be refunded or invoiced to the customer as appropriate.
4.6.3. The damage deposit must be either cash or bank transfer. Alternatively, if payment for the hire fee is made by either Credit or Debit card then the damage deposit is not required; Instead the company retain the Credit or Debit card details for the duration of the hire period. Customer payment card details will only be used after the hire period should any equipment be returned damaged, lost or stolen, at which point the customer will be informed of the repair/replacement cost, which will then be debited from the Credit or Debit card that the customer used to pay for the hire fee.
4.6.4. The company reserves the right to withhold the damage deposit or customer payment card details for up to 14 days after the last hire date in order to facilitate further equipment testing after return of the hired equipment should it be deemed necessary. Furthermore, the company reserves the right to retain the customer payment card details for longer than 14 days if the company and customer are in on-going communication awaiting the repair/replacement cost to be calculated.
4.6.5. Cheque payments must be received by the company an additional 7 days prior to the payment date specified on the company quotation in order to allow payment to clear prior to the required payment date.
4.6.6. Where no account facilities have been granted to the customer in writing, payment for all applicable charges will be debited from the damage deposit. In the cases when a damage deposit is not required the applicable charges will be debited from the Credit or Debit card that the customer used to pay for the hire fee.
4.7.1. Hire charges commence from the date stated in the Contract and are payable for the period of hire.
4.7.2. Equipment must be returned by midday on the date specified in the Hire Contract in a clean and fully working condition.
4.7.3. Additional charges accrue at the full daily hire rate together with any consequential loss in the event of the breach of these conditions or the equipment not being available for use by the company or other customers.
4.7.4. All cables must be returned coiled and taped in the same clean condition as that in which they were received. Failing which, a default charge of £1.50 exc. vat per cable will be made to the customer for the re-coiling of each cable.
4.7.5. All cables supplied on cable drums must be returned coiled neatly on the supplied cable drum. Failing which, the replacement cost of the cable drum will be made to the customer together with the default re-coiling charge.
4.7.6. All luminaries are supplied fitted with operational lamps and packed with spare lamps. These spare lamps and any lamps that the customer replaces must be returned to the company with the equipment hired. Failure to do so will result in a default charge of the current list price of each lamp not returned.
4.7.7. All charges are payable on demand.
4.8. Electrical Equipment
4.8.1. Any electrical equipment should be used with plugs and/or sockets as fitted.
4.8.2. The customer must not at any time whatsoever remove any plug, socket, connector, coupler or device from any cable without written authorisation from the company. Any plug, socket, connector, coupler or device found to be missing or damaged will be replaced with all costs at the expense of the customer. Any plug, socket, connector, coupler or device found to be incorrectly refitted by the customer will be replaced and/or refitted by the Company at the expense of the customer.
4.8.3. The customer is responsible at all times for ensuring that the power supply to which an item of equipment is connected is suitable for that equipment and furthermore ensure that the equipment shall at all times be properly earthed.
4.8.4. No cable shall be deliberately cut for any reason or purpose whatsoever. Tails will be supplied to enable connections to distribution boards on request.
4.8.5. The customer will be responsible for any damage caused to any plug, socket, coupler, connector, cable, device or equipment caused by connection to an unsuitable power supply, misconnection to any power supply or overloading. The Company will not be responsible for any damage caused to any power supply, generator, distribution board or other items of equipment caused by the neglect or inexperience of the customer.
4.9. Equipment Maintenance and Reporting
4.9.1. The customer shall ensure that equipment remains serviceable and clean during the hire period.
4.9.2. All items are despatched tested and believed to be in full working order. Any breakdown or unsatisfactory working of equipment shall be immediately notified to the company.
4.9.3. The customer shall under no circumstances attempt to repair the equipment without prior authorisation from the company.
4.9.4. Any damaged or unsatisfactory equipment must be returned to the company’s premises for examination at the Customer’s expense.
4.9.5. If the Equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person the customer shall notify the company immediately.
4.9.6. Equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of the company.
4.10. Compatibility of Equipment
4.10.1. The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer.
4.10.2. The customer shall be responsible for ensuring that any equipment is suitable for their purposes.
4.11. Condition of Returned Equipment
4.11.1. The customer is fully responsible for care, safe keeping and return in good order of the equipment.
4.11.2. The customer will reimburse all costs incurred by the company in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification.
188.8.131.52. All tears, burns, cuts or rips made to drapes and stage drapes will not be repaired by the company. The customer will reimburse the full retail cost of any drapes or stage drapes returned in any of these conditions.
5.1. Fabrication of Bespoke Goods
5.1.1. The customer shall be responsible to the company for ensuring the accuracy of the terms of any order or other material (including any applicable specification) submitted by it or on its behalf and for giving the company any necessary information relating to the contract within a sufficient time to enable the company to perform the contract in respect thereof in accordance with its terms.
5.1.2. The company will advise of deadlines where applicable relating to bespoke items design and creation, (for example customer artwork and approval for print elements, designs and CAD works for approval and set, scenery, exhibitions and furniture elements).
5.1.3. The customer shall be responsible to the company for ensuring that the deadlines relating to the contract are adhered to and the customer accepts that should any deadlines be missed, for any reason whatsoever, the charge for these bespoke element(s) may need to be increased in order to implement in an alternate way to enable the company to perform the contract in respect thereof in accordance with its terms.
5.1.4. The customer warrants that:
184.108.40.206. All customer instructions or advice submitted by the customer or by any third party on behalf of the customer in relation to the bespoke goods at any time is accurate and suitable for use; and,
220.127.116.11. At their own expense they shall provide the company with any necessary customer material with a sufficient time to enable the company to perform the Contract in accordance with these terms and the order confirmation; and,
18.104.22.168. They will retain duplicate copies of all customer material and insure against its accidental loss or damage; and,
22.214.171.124. The customer material will not be defamatory or illegal; and,
126.96.36.199. The customer material will not infringe the intellectual property rights of any third party and that the customer has obtained all necessary consents to enable the customer material to be used as detailed in the quotation.
5.1.5. They customer will indemnify the company against any loss, costs (including legal fees and VAT thereon), damages, claims, charges and expenses incurred by the company as a result of:
188.8.131.52. any breach by the customer of the warranties set out in these Terms; or,
184.108.40.206. the inaccuracy of the Customer Material, instructions or advice; or,
220.127.116.11. failure to supply the Customer Material, instructions or advice within a sufficient time to enable the company to perform the contract to produce the goods in accordance with its terms; or,
18.104.22.168. any claim by a third party against the company for an infringement of any intellectual property rights of any other person or organisation which results from the use of the customer’s specification or the customer material.
5.2. Risk In Title
5.2.1. The risk in the equipment shall pass to the customer immediately on delivery to the customer at the address shown for delivery on the order confirmation. Or should the customer collect the equipment, the risk in the equipment shall pass to the customer immediately upon collection.
5.2.2. Property and title in the equipment shall remain vested in the company. Furthermore, the company reserves the right to dispose of the equipment until such time as the price shall have been paid in full.
5.2.3. If any part of the payment is overdue or if the customer is in breach of any of these terms or if the customer or any third party shall seek any steps or any act or proceeding in which in the reasonable view of the company, the customer’s solvency is in doubt the company may (without prejudice to any of the company’s other rights) recover or resell the equipment and may enter upon the customer’s or any third parties property for that purpose.
5.3.1. The customer or any duly authorised person on behalf of the customer shall receive the goods and shall check the same for quantity and condition. The customer shall make all arrangements necessary to take delivery of the goods on the day notified by the company for delivery.
5.3.2. The company undertakes to use its reasonable endeavours to dispatch the goods within the lead time as stated on the order confirmation, by email or phone, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
5.3.3. Any shortage or unsatisfactory equipment shall be endorsed by the customer or a duly authorised person on behalf of the customer on the delivery document and the customer shall give written confirmation to the company within 3 days of delivery.
5.3.4. No claim in respect of shortage of or unsatisfactory condition of the equipment shall be entertained by the company unless condition 5.3.3 is observed.
5.3.5. The company shall not be liable to the customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods. If short delivery does take place, the customer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract.
5.3.6. If the customer fails to take delivery of the goods on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for dispatch, the company shall be entitled to store and insure the goods and to charge the customer the reasonable costs of so doing.
5.4.1. Unless otherwise stated in the company’s order confirmation, all prices exclude VAT.
5.4.2. The rate of VAT will be that at the time of invoicing.
5.4.3. The price charged will be the price ruling at the time of delivery. Where this is at a variance with the price quoted for and detailed in the order confirmation, the customer will be advised prior to delivery.
5.5.1. The company does not offer any warranty on any goods sold. The customer should complete any manufacturer’s warranty supplied with the goods sold.
5.5.2. The company does not offer any warranty on any bespoke goods sold.
5.5.3. On occasions in exception, where the company does offer Parts & Labour warranty on goods, the inclusion of this warranty will be explicitly stated on all quotations & order confirmations.
6.1. Payment and Interest
6.1.1. 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:-
a) 25% booking deposit must be received when the customer is placing their order.
b) The remaining balance due for all orders excluding dry hires must be received in full and no later than 14 days prior to the quoted delivery date.
c) The remaining balance for dry hire’s must be received in full, in advance of, or at the time of collection.
6.1.2. 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.
6.1.3. 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.
6.1.4. 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.
6.1.5. The payment of such interest shall be without prejudice to any other rights or remedies of the company.
6.1.6. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer.
6.1.7. 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.
6.1.8. 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.
6.1.9. 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.
6.1.10. 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.
6.2. Cancellation of an Order Confirmation
6.2.1. 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:
22.214.171.124. A) For all Dry Hires only:
Written cancellation received:
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: 10%
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%
126.96.36.199. B) For Assisted Dry Hires and All Other Productions, Events, Sale of Goods and Bespoke Goods:
Written cancellation received:
a) 61 calendar days or more prior to the confirmed delivery date: Pre-Production charges
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 delivery date: 50%
d) Between 14 and 8 calendar days prior to the confirmed delivery date: 75%
e) Within 7 calendar days prior to the confirmed delivery date: 100%
The customer agrees that in the instance where written cancellation is received 61 days or more prior to the confirmed delivery date a cancellation charge for all undertaken Pre-Production work to date will be charged including the full charge for all Travel, Hotel reservations, costs associated with site visits, special facilities/equipment, bespoke goods, artwork/graphics/print and labour commenced and/or booked in advance on the customer’s behalf.
Where the company has a Letter of Engagement from the customer, the customer agrees to reimburse the company the greater of:
a) The cost of all goods and services provided up to the date of receiving cancellation in writing, or
b) The amount or percentage as detailed in these terms.
6.2.2. Cancellation fees shall be due immediately upon any such cancellation by the customer.
6.2.3. Postponement of an agreed date shall be regarded as a cancellation.
6.3. Delivery and Carriage
6.3.1. All times quoted or stated for delivery are approximate only.
6.3.2. 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.
6.3.3. 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.
6.4. Intellectual Property
6.4.1. 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.
6.5.1. 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.
6.6.1. 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.
6.6.2. 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.
6.6.3. 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.
6.6.4. 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.
6.7. Injury to Persons and Damage to Property
6.7.1. Subject to clause 6.6 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.
6.8. Termination of Contract
6.8.1. 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.
6.8.2. 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.
6.8.3. 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.
6.9. Force Majeure
6.9.1. 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.
6.9.2. 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.
6.9.3. 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.
6.9.4. 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.
6.10.1. 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.
6.11. Rights Reserved
6.11.1. 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.
6.11.2. 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.
6.11.3. 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.
6.12.1. 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.
6.12.2. 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.
6.13. Your Information
6.13.1. 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.