In these conditions (and in any document in which reference is made to these conditions) the following terms shall have the following meaning:
means the contract(s) made between The Company and The Customer for the hire of the equipment to which these conditions apply;
means Southern Screen Hire Ltd, which expression shall where the context so require include is successors and assigns;
means the goods hired to The Customer by The Company under an agreement.
means the applicable hire charge(s) payable by The Customer to The Company for the hire of the equipment for the hire period the Customer means person, firm or company who hires the equipment under the agreement.
All quotations are made, all orders received and accepted and each agreement is entered into by The Company subject to these conditions of hire to the exclusion of all other conditions.
These conditions shall prevail over any inconsistent terms applied by the law or by trade custom, practise or course of dealing and previous terms and conditions (if any) of The Company and any such terms and conditions stipulated by The Customer (howsoever arising) are hereby excluded and negated unless expressly agreed otherwise in writing by The Company. This clause shall not apply to any customer who is a consumer as defined by The Unfair Contracts Act 1977.
No servant or agent of The Company has the power to vary these conditions or to make any warranty representative or promises about the condition of the equipment, their fitness for any purpose or any other matter whatsoever, unless expressly agreed otherwise in writing by The Company.
No terms, conditions, warranties or representations not recorded herein shall be binding on The Company, except where such is necessarily imported into any agreement by the statute, act or a common law and is not specifically excluded hereunder.
Quotations, Acceptance and Orders
All quotations issued by The Company are based on The Company’s current costs at the time of The Customers request and accordingly are subject to amendment on or after acceptance.
Unless otherwise stated in writing any quotation issued by The Company will remain open for 14 days only and only for up to 14 days prior to event and shall then lapse. A surcharge may apply for ordering of equipment / services within 14 days of the event.
A quotation shall not constitute an offer to supply and no agreement exists unless and until there has been an acceptance by The Company in writing by duly authorised employee or agent of The Company of an order placed.
Charges, Payments and VAT
Customers without approved credit terms shall pay to The Company the hire and installation charges as per the following schedule, unless the contrary is agreed in writing by The Company: 20% to be invoiced on placing the order. 80% to be invoiced and paid 30 days prior to the event. Unless otherwise agreed. Invoices shall be payable on receipt, terms of payment being of the essence.
All sums due to The Company under the agreement shall be paid together with Value Added Tax (VAT) and any other applicable taxes.
Further, The Company shall be entitled to demand immediate payment by The Customer of any costs and expense incurred by or on behalf of The Company in taking all necessary steps in ascertaining the whereabouts of the equipment or repossessing it, to recover any payments due under these conditions or to enforce any other terms of these conditions.
Installation / Removal
The Customer shall at its own expense supply or procure the supply of suitable accommodation, mountings, electrical supply and environment for the equipment in accordance with The Company’s instructions and specifications.
Where the Company deems necessary The Customer shall bear the cost of any extra items or equipment, materials or labour required for the installation of the equipment.
On arrival on site The Company require a competent person designated by The Customer to be responsible for the positioning of the equipment on site. The Company should be met on arrival by this predetermined individual / group
The Customer is responsible for the permission of The Company to park required vehicles in the area surrounding the equipment. If permits or site permission is required by The Customer then then these must be obtained by The Customer prior to the event.
The Customer is responsible for the security of the screen from arrival on site until its departure. This includes any overnight stays.
Where the Company deems necessary The Customer shall bear the cost of any extra costs required for the safe removal of any equipment
The Company shall, as far as is practicable, give The Customer prior notice of the change to any specification.
The Customer, is responsible for the quality of material provided to The Company and The Company shall not be responsible for any tapes, disks, compact disc or records for use within the agreed event.
Ownership and Liability
Beneficial and legal title in the equipment shall remain in The Company at all times and The Customer shall have no right or interest in the equipment except for the quiet possession and the right of use of the equipment upon the terms of these conditions
The Customer shall keep the equipment in its possession at all times and not without The Company’s prior written consent move or procure the removal of the equipment from the event area.
The Customer shall not at any time: sell, offer for sale, rent, pledge or lend or otherwise part with possession of any equipment that is the sole property of The Company
The Company reserve the right to stop the use of all equipment due to reasons beyond our control.
Customer Liability for Loss or Damage
The Customer shall be liable and have in place full all risks insurance cover against loss, damage & theft of any equipment from the time the equipment arrives on site.
In addition to the provisions of clause 8.1 if the customer cannot provide full all risks cover, the Company may, at its option require: The Customer to pay the Company charges in respect of insuring the equipment against all risks.
Access to Equipment
The Customer shall provide or ensure that The Company, its servants or agents, has access to the equipment
The Customer shall ensure that the equipment is accessible at the end of event for immediate removal
The Customer is liable for all costs incurred when equipment becomes stuck and recovery is deemed necessary
Licences and signal
The Customer shall indemnify and keep indemnified The Company against any and all costs, claims, liabilities, damaged, expenses, proceedings, actions or demands (including without limitation legal fees and costs) resulting at any time from The Customers use of the equipment in breach of alleged breach of any copyright or other rights.
The Customer must obtain prior to installation of the equipment all consents, permissions and approvals required in the respect of such installations and use of the equipment at the event
Where the customer is providing the signal or feed to the screen, it is the customers sole responsibility to obtain such signal and present at the screen location
Spectrum Screen Events Ltd will have no liability due to a failed signal or signal drop out
If The Customer wishes to cancel any agreement after The Company has accepted an order for equipment but before installation of the equipment, The Company may, at its discretion and without prejudice to any other rights and remedies it may have, treat such cancellation as a breach or a repudiation of an agreement and, agree to accept any of the following payments from The Customer:
Cancellation after confirmed booking of event 20% of contract value
Cancellation within 15-30 days of event date 50%
Cancellation within 7-14 days of event date 75%
Any notice less than 7 days will be 100% of the contract value
In the event that the Customer attempts to terminate this agreement before the expiry of the hire period, The Company may, at its absolute discretion and without prejudice to its right to treat cancellation as breach or repudiation of any agreement, agree to accept such cancellation provided that The Customer shall not be entitled to any refund of the hire charge or any other payments made to The Company
Without prejudice to its other rights, The Company shall have the right forthwith to terminate this agreement by notice in writing to The Customer, and to claim any resulting losses or expense if:
The Customer fails to make any payments when it becomes due or
The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order in bankruptcy is presented or made against The Customer or a resolution or petition to wind up The Customer is passed or presented or a receiver or administrator is appointed to any of The Customers assets or undertaking or if The Customer becomes unable to pays its debts within the meaning of Section 518 of The Companies Act 1985 or other circumstances arise which entitle the court or a creditor to appoint any receiver or administrator or to make a winding up order.
The Company reserves the right to withdraw equipment prior to or during an event due to adverse weather conditions that may cause concern for health and safety of any persons or property in the vicinity, or damage to the equipment supplied. Spectrum Screen Events Ltd will not be liable for any refunds due to this action.
Limit of Liability
The Company accepts liability for death or personal injury resulting from the negligence of the Company or its employees whilst acting in the course of their employment
The Company accepts no liability for any costs occurring through the equipment being inoperable, this includes any consequential/Financial loss in any form. We recommend that you take out relevant event insurance to cover any such failings.
The Customer shall not assign, delegate or otherwise deal with all or any of its rights and obligations under an agreement without The Company’s prior written consent.
The Company shall have the right to assign or otherwise delegate all or any of its rights and obligations under an agreement upon notice to The Customer
Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.
Failure by either party to exercise any rights conferred by these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof or any other rights on any later occasion.
Law and Jurisdiction
Any agreement shall be construed and interpreted in accordance with English law and the parties hereby agree to submit to the sole jurisdiction of the English courts in respect of any dispute arising out of or in connection herewith
You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company and that Limited Company is unable or shall fail to meet its commitments or enters into liquidation or amalgamation (and the amalgamated company shall not settle the account made in accordance with this agreement) then you hereby give your irrevocable personal guarantee that you will settle Spectrum Screen Events Ltd account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual
All Southern Screen Hire Ltd staff have the right to work in an environment that is free from fear or threat, if at any time any member of staff is exposed to any verbal threats or violence then the team will immediately stop work, close down the screens (if in use) and then remove them. Southern Screen Hire Ltd will if required report the incident to the police and fully back any member of staff who wishes to pursue the matter. Under these circumstances the client will still bare all costs of the contract.