Terms and Conditions - United Kingdom

GENERAL TERMS AND CONDITIONS OF BUSINESS – UNITED KINGDOM – HAWTHORN

DEFINITIONS AND LAW

1.1 “the Equipment” shall mean goods, components and other items hired or sold by HAWTHORN THEATRICAL LTD or any part thereof

1.2. “the Customer” is the person, firm, 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

1.3. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever

1.4. “Interest” shall mean interest calculated in accordance with Clause 6.2

1.5. 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

2. DRY HIRE TERMS (EQUIPMENT RENTAL ONLY)

2.1. Charges

2.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire

2.1.2. Equipment must be returned by 12 noon on the date specified in the Contract in a clean and serviceable condition and the Customer must obtain the supplier’s receipt

2.1.3. Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for use by other customers

2.1.4. All cables must be returned coiled and taped and in default a charge of £2 per cable will be made

2.1.5. HAWTHORN THEATRICAL LTD provides spare lamps with Equipment where appropriate. These and any lamps they replace must be returned with the Equipment and in default their full replacement cost will be charged

2.1.6. All charges are payable on demand

2.2. Hire Period

2.2.1. The hiring period commences at 1:00pm on the date specified in the Contract and continues for the period specified in the Contract and terminates at 12 noon on the last day of the hiring period

2.3 Customer’s responsibilities

2.3.1. The Customer’s responsibility for the Equipment commences on receipt of the Equipment by the Customer or his agent or on delivery and ends when the Customer is in possession of HAWTHORN THEATRICAL LTD’s unqualified receipt for the return of all the Equipment

2.3.2. The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so

2.3.3 The Signatory to the Contract and the Customer jointly and severally undertake with HAWTHORN THEATRICAL LTD that everyone who uses the Equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the Equipment to be misused

2.3.4. The Customer will at all times fully indemnify HAWTHORN THEATRICAL LTD 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

2.3.5. 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

2.4. Electrical Equipment

2.4.1. Any electrical Equipment should be used with plugs and/or sockets as fitted.

2.4.2. No Equipment shall be modified without prior written consent from HAWTHORN THEATRICAL LTD

2.4.3. The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to equipment from incorrectly connected or disrupted supply will be charged.

2.5. Equipment Maintenance and Reporting

2.5.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period

2.5.2 Any breakdown or unsatisfactory working of Equipment shall be immediately notified to HAWTHORN THEATRICAL LTD

2.6. Customer’s responsibilities

2.6.1. The Customer’s responsibility for the Equipment commences on receipt of the Equipment by the Customer or his agent or on delivery and ends when the Customer is in possession of HAWTHORN THEATRICAL LTD’s unqualified receipt for the return of all the Equipment

2.6.2. The Customer shall not at any time sell dispose or otherwise part with control
of the Equipment or attempt to do so

2.6.3. The Signatory to the Contract and the Customer jointly and severally undertake with HAWTHORN THEATRICAL LTD that everyone who uses the Equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the Equipment to be misused

2.6.4. The Customer will at all times fully indemnify HAWTHORN THEATRICAL LTD 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

2.6.5. 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

2.7. Electrical Equipment

2.7.1 Any electrical Equipment should be used with plugs and/or sockets as fitted.

2.7.2. No Equipment shall be modified without prior written consent from HAWTHORN THEATRICAL LTD

2.7.3. The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to equipment from incorrectly connected or disrupted supply will be charged.

2.8. Equipment Maintenance and Reporting

2.8.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period

2.8.2. Any breakdown or unsatisfactory working of Equipment shall be immediately notified to HAWTHORN THEATRICAL LTD

2.8.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from HAWTHORN THEATRICAL LTD

2.8.4. Any damaged or unsatisfactory Equipment must be returned to HAWTHORN THEATRICAL LTD’s premises for examination at the Customer’s cost

2.8.5. 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 HAWTHORN THEATRICAL LTD immediately

2.8.6. Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without prior consent of HAWTHORN THEATRICAL LTD

2.9. Compatibility of Equipment

2.9.1. The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer

2.9.2. The Customer shall be responsible for ensuring that the equipment is suitable for their purposes.

2.9.3. HAWTHORN THEATRICAL LTD reserves the right to supply equipment of a similar design to the Equipment specified.

2.9.4. All descriptions and specifications, drawings and particulars of weights and dimensions issued by HAWTHORN THEATRICAL LTD are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, HAWTHORN THEATRICAL LTD reserves the right to change specifications without notice.

3. WET HIRE TERMS (FULL SERVICE – EQUIPMENT RENTAL AND LABOUR AND/OR ADDITIONAL SERVICES)

3.1. Charges

3.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire

3.1.2. All charges are payable on demand

3.2. Hire Period

3.2.1. The hiring period commences on the date specified in the Contract and continues for the period specified in the Contract and terminates at 12 noon on the last day of the hiring period

3.3. Customer’s responsibilities

3.3.1. The Customer’s responsibility for the Equipment commences on receipt of the Equipment by the Customer or his agent or on delivery and ends when the Customer is in possession of HAWTHORN THEATRICAL LTD’s unqualified receipt for the return of all the Equipment

3.3.2. The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so

3.4. Equipment Specification

3.4.1. All descriptions and specifications, drawings and particulars of weights and dimensions issued by HAWTHORN THEATRICAL LTD are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, HAWTHORN THEATRICAL LTD reserves the right to change specifications without notice.

3.5. Equipment usage

3.5.1. HAWTHORN THEATRICAL LTD personnel, or their duly appointed affiliates, must handle and operate all equipment.

3.5.2 Equipment may not be operated, moved, stored, or serviced by The Customer or any other party unless authorized by prior written agreement from HAWTHORN THEATRICAL LTD. The Customer may incur additional charges if equipment is moved or relocated by unauthorized personnel.

3.5.3 The Customer agrees that HAWTHORN THEATRICAL LTD shall be permitted free access to the equipment at any time before, during and/or after the event for purpose of set/strike, maintenance and routine checks.

4. CONDITIONS APPLICABLE TO BOTH DRY & WET HIRES

4.1. Insurance

4.1.1. The Customer agrees to pay HAWTHORN THEATRICAL LTD the full retail cost of any Equipment lost stolen or damaged beyond economic repair (without deduction for usage wear tear or age)

4.1.2. The Customer shall insure the goods against the above liability.

4.1.3. 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 HAWTHORN THEATRICAL LTD on demand to the extent that any such payment is due under this clause

4.1.4. The Customer shall not compromise or settle any claim without the express consent of HAWTHORN THEATRICAL LTD

4.1.5. In the case of Equipment which is lost stolen or damaged beyond economic repair the Customer shall pay a charge at the full daily rate together with interest and consequential loss until the Equipment is replaced

4.2. Termination of hire

4.2.1 HAWTHORN THEATRICAL LTD 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 HAWTHORN THEATRICAL LTD in doubt.
Such termination shall not affect the right of HAWTHORN THEATRICAL LTD to recover from the Customer any monies due under this contract interest consequential loss or damages for breach

4.2.2 The Customer hereby authorises HAWTHORN THEATRICAL LTD to enter upon any property, upon which HAWTHORN THEATRICAL LTD reasonably believe any Equipment to be held and HAWTHORN THEATRICAL LTD in their absolute discretion may recover and remove the Equipment

4.2.3 The Customer hereby authorises HAWTHORN THEATRICAL LTD (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to HAWTHORN THEATRICAL LTD arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of HAWTHORN THEATRICAL LTD

4.3. Cancellation of contract

4.3.1 Cancellation notices must be in writing and received by a Hawthorn Theatrical Ltd representative before becoming effective.

4.3.2 The following shall apply should the customer cancel the contract:- – in the event of cancellation 30 days before the beginning of hire 0% of the rental shall be due plus any expenses actually incurred by Hawthorn Theatrical Ltd. – in the event of cancellation between 29 and 10 days before the beginning of hire, 50% of the contract value or the total amount of expenses incurred to that point, which ever is the greater, shall be due. – in the event of cancellation 10 days or fewer before the beginning of hire, 100 % of the contract value shall be due.

4.3.3. Where scenic, gobos of other items are designed or fabricated as part of the contract an additional cancellation fee will be applicable, regardless of the date of cancellation, to an amount equal to the direct and indirect costs incurred by Hawthorn Theatrical Ltd or its affiliates in securing and/or constructing such custom materials plus a 15% administration fee.

4.3.4 Cancellation fees shall be due immediately upon any such cancellation by the Customer

4.3.5. Postponement of an agreed date shall be regarded as a cancellation.

4.4. Ownership

4.4.1 HAWTHORN THEATRICAL LTD retains all title and rights in and to the equipment and all related accessories

5. CONDITIONS AS TO SALE

5.1. Risk in Title

5.1.1. The risk in the Equipment shall pass to the Customer immediately on delivery to the Customer at the address shown for delivery on the contract or if the Customer collects on collection

5.1.2. Property and title in the Equipment shall remain vested in HAWTHORN THEATRICAL LTD and HAWTHORN THEATRICAL LTD reserve the right to dispose of the Equipment until such time as the price shall have been paid in full

5.1.3. 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 take any steps or any act or proceeding in which in the reasonable view of HAWTHORN THEATRICAL LTD the Customer’s solvency is in doubt HAWTHORN THEATRICAL LTD may (without prejudice to any of HAWTHORN THEATRICAL LTD’s other rights) recover or resell the Equipment and may enter upon the Customer’s or any third parties property for that purpose.

5.2. Receipt

5.2.1. The Customer or any duly authorised person on behalf of the Customer shall receive and unload the Equipment and shall check the same for quantity and condition in the presence of HAWTHORN THEATRICAL LTD’s carrier

5.2.2. Any shortage of 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 HAWTHORN THEATRICAL LTD within three days of delivery

5.2.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by HAWTHORN THEATRICAL LTD unless condition 5.2.2. is observed

5.2.4. This condition does not affect the statutory rights of the Customer

5.3. Price

5.3.1. The price charged will be the price ruling at the time of delivery. Where this is at variance with the price quoted or inserted in the contract at the time the goods were ordered the Customer will be advised prior to delivery

5.4. Payment

5.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within the terms on the invoice

5.4.2. Where no such facilities have been granted payment will be with order or where previously agreed on delivery

6. GENERAL CONDITIONS

6.1. Power to Enter this Contract

6.1.1. The signatory to the contract warrants that they are duly authorised on the Customer’s behalf to enter into the contract and hereby personally indemnifies Hawthorn Theatrical Ltd. against all losses and costs that may be incurred by Hawthorn Theatrical Ltd. if this is not the case

6.1.2 Written acceptance of a quotation and/or the provision of a purchase order shall constitute the forming of a contract

6.2. Payment and Interest

6.2.1. Where payments are not made on the due date HAWTHORN THEATRICAL LTD will be entitled to interest on the amount that is overdue at National Westminster Bank PLC base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day to day basis compounded with quarterly rests.

6.2.2. The payment of such interest shall be without prejudice to any other rights or remedies of HAWTHORN THEATRICAL LTD.

6.2.3. Any expenses incurred by HAWTHORN THEATRICAL LTD. in recovering overdue amounts, including but not limited to legal expenses, collection agency fees, and administrative charges, shall be borne by the Customer and shall be immediately due and payable upon demand.

6.2.4. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by HAWTHORN THEATRICAL LTD 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

6.3. Liability

6.3.1. HAWTHORN THEATRICAL LTD’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) replacement or repair of the defective equipment; or
(c) at HAWTHORN THEATRICAL LTD’s option a refund of the price

6.3.2. Consequential losses – Nothing in these terms and conditions shall make HAWTHORN THEATRICAL LTD 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

6.3.3. LIMITATION OF LIABILITY: Notwithstanding any other provision, HAWTHORN THEATRICAL LTD’s aggregate liability to The Customer under any circumstances shall be strictly limited to an amount equal to the actual fees paid to HAWTHORN THEATRICAL LIABIILITY in connection with the Contract. Under no circumstances shall HAWTHORN THEATRICAL LTD’s liability exceed such fees.

6.4 Force Majeure

6.4.1. HAWTHORN THEATRICAL LTD’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a failure to perform their part of the hire agreement.

6.5. Injury to Persons and Damage to Property

6.5.1. Subject to 6.3. above HAWTHORN THEATRICAL LTD 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 HAWTHORN THEATRICAL LTD

6.6. Rights Reserved

6.6.1. Any failure by HAWTHORN THEATRICAL LTD to enforce any or all of these conditions shall not be construed as a waiver of any of HAWTHORN THEATRICAL LTD rights hereunder

6.6.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms

6.7. Terms of Contract

6.7.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer

6.8. Delivery and Carriage

6.8.1. All times quoted or stated for deliveries are approximate only shall not be liable for any delay in delivery of the Equipment howsoever caused.

6.8.2. Hire charges or sale prices do not include carriage. Any expenses incurred by HAWTHORN THEATRICAL LTD in delivery or recovering equipment or attempting the same will be paid by the Customer

6.8.3. Where carriage charges are quoted by HAWTHORN THEATRICAL LTD such charges will include only for the time to load or unload alongside the HAWTHORN THEATRICAL LTD vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer

6.8.4 HAWTHORN THEATRICAL LTD reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.

6.8.5 HAWTHORN THEATRICAL LTD shall not be held liable for any damage incurred to a customer vehicle when loading\unloading or for the safe and secure loading of their vehicle.

6.8.6 Where The Customer makes arrangements for the delivery and collection of equipment, The Customer will be liable for loss or damage which occurs during transport of the equipment.

6.9. Copyright

6.9.1. HAWTHORN THEATRICAL LTD notifies the Customer that playing or showing copyright material in circumstances where the Customer or anyone authorised by him does not hold the appropriate Licence of the copyright holder he will infringe copyright and may become liable in damages for so doing

6.9.2. The Customer by accepting delivery of sound or visual reproduction equipment warrants that he has or will obtain the appropriate Licence for the said performance playing or showing, prior to using the equipment for the said purpose

6.9.3 The customer agrees to indemnify HAWTHORN THEATRICAL LTD in respect of any claim for breach of Copyright caused by the transmission, recording, broadcasting, rebroadcasting of audio and visual projection on behalf of the Customer.

GENERAL TERMS AND CONDITIONS OF BUSINESS – UNITED KINGDOM – AVC LIVE

The following terms and conditions apply to the hire of equipment and services by AVC Live LTD to the Customer for an event or series of events for a specified rental Period.

Definitions:
“AVC” refers to company name: AVC Live Ltd (Subsidiary of Audio Visual Services Corporation Limited trading as PSAV®), Union Business Park, Florence Way, Uxbridge UB8 2LS United Kingdom

“The Customer” refers to the authorized signatory to invoice for hire of equipment and or services.
“Event” refers to the event for which the Customer is to hire equipment and or services
“Event date” is the first date of the hire period detailed on the Hire Agreement.
“Hire” refers to the equipment and or services hired by PSAV to The Customer for the period stated in the Hire Agreement.
The signature of a quotation or a contract automatically changes it in to hire agreement.
“Media” includes any slides, computer software and files, graphics, originals, bromides, artwork, video, film, photos and audio materials.

1. ACCEPTANCE

This Proposal will be valid for a period of 30 days from the Proposal Date or date stated (“Acceptance Period”). In the event this Proposal is not accepted, signed and returned to AVC within the Acceptance Period, it will be void. If the Acceptance Period has expired, all prices are subject to change.

2. ESTIMATE

This Proposal was developed based upon information provided by The Customer (“The Customer”) and this Proposal is only an estimate of equipment and services to be provided in connection with the event (“Event”). In the event the actual amount of equipment, services, labor and any related merchandise provided in connection with the Event is greater than the amount specified in this Proposal, The Customer shall be charged for such additional equipment, services and/or labor (including rental fees and transport), at AVC’s prevailing standard rates. All labor, VAT, transport, shipping /handling, personnel transportation & accommodation, Per-diem and electrical charges (if applicable to the Event) are estimated and final amounts will be charged and due upon final invoice.

3. ORDERS

Verbal or telephone orders are not final until a written order is received by AVC. The order must state all requirements, including leads, adaptors, spigots, clamps, stands etc. Orders need to be signed by someone who is able/allowed to sign the order on behalf of the client

4. LABOUR RATES

This estimate, unless specifically indicated, does not include the following items: Crew transportation, lodging, and local parking. All overtime labor will be billed at 1.5 times the hourly rate for the position (day rate divided by ten) for hours worked in excess of ten, and 2 times the hourly rate for hours worked in excess of 16 hours. AVC employees require a mandatory 11-hour break between work periods.

5. EQUIPMENT HANDLING (DRY HIRE)

The Customer shall not interfere with the equipment, their working mechanisms or any other parts of them and take reasonable care using them for their proper purpose in a safe and correct manner in accordance with any operating and safety instructions provided or supplied to The Customer. The Customer will take care to notify PSAV immediately after any breakdown, loss or damage to the equipment. The Customer shall take adequate and proper measures to protect the equipment from theft, damage and/or other risks. The Customer agrees that equipment will at all times be within its possession and control and not to remove the equipment from the country in whichit was hired without the prior written consent of AVC. The equipment must bereturned by The Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all documents supplied with the equipment.
Where The Customer makes arrangements for the delivery and collection of equipment, The Customer will be liable for loss or damage which occurs during transport of the equipment.

6. EQUIPMENT HANDLING (WET HIRE)

When on show site, AVC personnel must handle all equipment. Equipment may not be operated, moved, stored, or serviced by The Customer or any other party unless authorized by prior written agreement from AVC. The Customer may incur additional charges if equipment is moved or relocated by unauthorized personnel. The Customer agrees that AVC shall be permitted free access to the equipment at any time before, during and/or after the event for purpose of set/strike, maintenance and routine checks. AVC retains all title and rights in and to the equipment and all related accessories. Where The Customer makes arrangements for the delivery and collection of equipment, The Customer will be liable for loss or damage which occurs during transport of the equipment.

7. DAMAGE & SECURITY

The Customer shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by AVC negligence. In addition to amounts due to AVC in connection with this Proposal, The Customer agrees to pay AVC upon demand for all amounts incurred by AVC on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. Security is required by the Customer to protect the equipment while onsite. The Customer shall be responsible for all costs in connection with the provision of security.

8. DEPOSIT; PAYMENT

Customers who do not have pre-approved credit terms will be required to provide a deposit of 50% upon booking with the remaining 50% paid 30 days prior to the booking date. Failure to pay may result in non-provision of the equipment and services as specified in this proposal. If Customers fail to make payments due, without prejudice to any other right or remedy available, they shall be charged (before and after any judgment) on the amount unpaid at the annual rate of 5% until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest). Interest shall become due and payable notwithstanding the fact that a portion of the account shall be subject to any dispute or query. In addition, any expenses incurred by PSAV in recovering overdue amounts, including but not limited to legal expenses, collection agency fees, and administrative charges, shall be borne by the Customer and shall be immediately due and payable upon demand.

Any other payment arrangements must be approved in writing by AVC at least ten days prior to the Event.

9. CANCELLATION

Should a hire order be cancelled by The Hirer for reasons outside any fault of The Owners, the standard cancellation terms will apply:
I. If The Customer cancels the Event or the provision of Audio Visual equipment and Services more than 30 days prior to the first day of the Event, only costs incurred in pre-production services or bespoke orders will be charged to the customer with a 20% administration fee and any deposit paid will be fully refundable after deduction of these charges.
II. Cancellations within 30 days of the event will incur a cancellation fee of 50% of the contract value, or costs incurred to date if higher than 50% of the project.
Cancellations within 7 days of an Event will be charged the full amount of the contract.
ALL CANCELLATION NOTICES MUST BE IN WRITING AND RECEIVED BY
AVC’S REPRESENTATIVES BEFORE BECOMING EFFECTIVE.

10.CUSTODY AND CARE OF EQUIPMENT

The Hirer shall be responsible for the safe custody of all equipment supplied on hire. Should any equipment be lost, stolen, destroyed or damaged in any way whatsoever whilst in the possession of the Hirer, compensation amounting to the full cost to AVC to replace the equipment shall be borne by the Hirer. In the event of damage to the equipment, compensation amounting to the full cost to AVC to make good the damage shall be borne by the Hirer and a valid certificate of insurance sufficient to cover same, shall be provided prior to the hire. In particular circumstances AVC will provide insurance at 12.5% premium of the hire charge to cover any loss or major damage. The Hirer is responsible for the first five hundred pounds of any loss or damage. The insurance does not cover loss from vehicles (even when locked and alarmed) or damage to equipment not transported in the supplied case. If loss or damage is discovered the incident must be reported to the Owners and the Police(in case of loss) within 24 hours. Failure to notify the Police within this period Invalidates the insurance. A full written report must be forwarded to AVC within 72 hours detailing the circumstances of the incident. Failure to provide safe custody and care of the equipment will invalidate the insurance. In addition, the hire charges for the lost, stolen, destroyed or damaged equipment shall be payable and shall accrue and shall not Terminate until payment is received in full for (a) the compensation as aforesaid and (b) all other unpaid charges.
AVC reserve unto themselves the right to exercise this clause and also to determine any dispute under this clause at their sole discretion

11. REPOSSESING HIRE EQUIPMENT

The Customer agrees that a representative of AVC may enter any premises at which AVC’s equipment are kept or reasonably believed to be kept for the purposes of recovering the equipment at the termination of any Hiring Period. In relation to premises not occupied or under control of the Customer, the Customer undertakes to procure permission for AVC to enter the premises for the purposes of repossessing the hire equipment. The Customer shall compensate AVC for any costs incurred in repossessing the equipment.

12. INDEMNIFICATION

The Customer and AVC each hereby agree to forever indemnify, defend and hold harmless the other for any and all claims, losses, costs (including reasonable attorneys fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors.

13. LIMITATION OF LIABILITY

Notwithstanding any other provision, AVC’s aggregate liability to The Customer under any circumstances shall be strictly limited to an amount equal to the actual fees paid to AVC in connection with the Event. Under no circumstances shall AVC’s liability exceed such fees paid by the Customer to AVC in connection with the Event. Under no circumstances will AVC be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise in connection with the Event.
The customer agrees to indemnify AVC in respect of any claim for breach of Copyright caused by the transmission, recording, broadcasting, rebroadcasting of audio and visual projection on behalf of the Customer.

14. EQUIPMENT FAILURE

AVC maintains and services its equipment in accordance with manufacturer’s specifications and industry practice. AVC does not, however, warrant or guarantee that the equipment or services being provided will be free from defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during the Event for any reason whatsoever, The Customer agrees to immediately notify a AVC representative. AVC will attempt to remedy the problem as soon as possible so that the Event is not interrupted. The Customer agrees and acknowledges that AVC assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of faulty equipment or otherwise.

15. VIDEO CONFERENCING & VIDEO/VOICE OVER IP

Where AVC provides audio and/or video conferencing equipment we are responsible only for the equipment supplied by AVC, unless specifically agreed in advance. Responsibility for contact with other parties via telephone or ISDN lines or communication over the Internet rests with the telecommunications provider or Internet Service Provider and failure to make or maintain a connection in this respect is outside the control of AVC, unless specifically agreed in advance.

16. CONFIDENTIALITY

All quotations, contracts, plans and specifications provided by AVC to the Customer are confidential and are not to be passed to any third party for a competitive bid or any other purpose.

17. FORCE MAJEURE

AVC’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a failure to perform their part of the hire agreement.

18. APPLICABLE LAW

These Conditions shall be governed by the Laws of England and AVC and the Customer submit to the jurisdiction of the English Courts.

GENERAL TERMS AND CONDITIONS OF BUSINESS – UNITED KINGDOM – PSAV

The following terms and conditions apply to the hire of equipment and services by PSAV® to the Customer for an event or series of events for a specified rental Period.

Definitions:

“PSAV” refers to PSAV® registered under the company name: Audio Visual Services Corporation Limited, Union Business Park, Florence Way, Uxbridge UB8 2LS United Kingdom

“The Customer” refers to the authorized signatory to invoice for hire of equipment and or services.

“Event” refers to the event for which the Customer is to hire equipment and or services

“Event date” is the first date of the hire period detailed on the Hire Agreement.

“Hire” refers to the equipment and or services hired by PSAV to The Customer for the period stated in the Hire Agreement.

The signature of a quotation or a contract automatically changes it in to hire agreement.

“Media” includes any slides, computer software and files, graphics, originals, bromides, artwork, video, film, photos and audio materials.

ACCEPTANCE

This Proposal will be valid for a period of 30 days from the Proposal Date or date stated (“Acceptance Period”). In the event this Proposal is not accepted, signed and returned to PSAV within the Acceptance Period, it will be void. If the Acceptance Period has expired, all prices are subject to change.

ESTIMATE

This Proposal was developed based upon information provided by The Customer (“The Customer”) and this Proposal is only an estimate of equipment and services to be provided in connection with the event (“Event”). In the event the actual amount of equipment, services, labor and any related merchandise provided in connection with the Event is greater than the amount specified in this Proposal, The Customer shall be charged for such additional equipment, services and/or labor (including rental fees and transport), at PSAV’s prevailing standard rates. All labor, VAT, transport, shipping /handling, personnel transportation & accommodation, Per-diem and electrical charges (if applicable to the Event) are estimated and final amounts will be charged and due upon final invoice.

ORDERS

Verbal or telephone orders are not final until a written order is received by PSAV. The order must state all requirements, including leads, adaptors, spigots, clamps, stands etc. Orders need to be signed by someone who is able/allowed to sign the order on behalf of the client

LABOUR RATES

This estimate, unless specifically indicated, does not include the following items: Crew transportation, lodging, and local parking. All overtime labor will be billed at 1.5 times the hourly rate for the position (day rate divided by ten) for hours worked in excess of ten, and 2 times the hourly rate for hours worked in excess of 16 hours. PSAV employees require a mandatory 11-hour break between work periods.

EQUIPMENT HANDLING (DRY HIRE)

The Customer shall not interfere with the equipment, their working mechanisms or any other parts of them and take reasonable care using them for their proper purpose in a safe and correct manner in accordance with any operating and safety instructions provided or supplied to The Customer. The Customer will take care to notify PSAV immediately after any breakdown, loss or damage to the equipment. The Customer shall take adequate and proper measures to protect the equipment from theft, damage and/or other risks. The Customer agrees that equipment will at all times be within its possession and control and not to remove the equipment from the country in whichit was hired without the prior written consent of PSAV. The equipment must bereturned by The Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all documents supplied with the equipment.

Where The Customer makes arrangements for the delivery and collection of equipment, The Customer will be liable for loss or damage which occurs during transport of the equipment.

EQUIPMENT HANDLING (WET HIRE)

When on show site, PSAV personnel must handle all equipment. Equipment may not be operated, moved, stored, or serviced by The Customer or any other party unless authorized by prior written agreement from PSAV. The Customer may incur additional charges if equipment is moved or relocated by unauthorized personnel. The Customer agrees that PSAV shall be permitted free access to the equipment at any time before, during and/or after the event for purpose of set/strike, maintenance and routine checks. PSAV retains all title and rights in and to the equipment and all related accessories. Where The Customer makes arrangements for the delivery and collection of equipment, The Customer will be liable for loss or damage which occurs during transport of the equipment.

DAMAGE & SECURITY

The Customer shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by PSAV negligence. In addition to amounts due to PSAV in connection with this Proposal, The Customer agrees to pay PSAV upon demand for all amounts incurred by PSAV on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. Security is required by the Customer to protect the equipment while onsite. The Customer shall be responsible for all costs in connection with the provision of security.

DEPOSIT; PAYMENT

Any other payment arrangements must be approved in writing by PSAV at least ten days prior to the Event.

CANCELLATION

Should a hire order be cancelled by The Hirer for reasons outside any fault of The Owners, the standard cancellation terms will apply:

If The Customer cancels the Event or the provision of Audio Visual equipment and Services more than 30 days prior to the first day of the Event, only costs incurred in pre-production services or bespoke orders will be charged to the customer with a 20% administration fee and any deposit paid will be fully refundable after deduction of these charges.
Cancellations within 30 days of the event will incur a cancellation fee of 50% of the contract value, or costs incurred to date if higher than 50% of the project.

Cancellations within 7 days of an Event will be charged the full amount of the contract.

ALL CANCELLATION NOTICES MUST BE IN WRITING AND RECEIVED BY PSAV’S REPRESENTATIVES BEFORE BECOMING EFFECTIVE.

10. CUSTODY AND CARE OF EQUIPMENT

The Hirer shall be responsible for the safe custody of all equipment supplied on hire. Should any equipment be lost, stolen, destroyed or damaged in any way whatsoever whilst in the possession of the Hirer, compensation amounting to the full cost to PSAV to replace the equipment shall be borne by the Hirer. In the event of damage to the equipment, compensation amounting to the full cost to PSAV to make good the damage shall be borne by the Hirer and a valid certificate of insurance sufficient to cover same, shall be provided prior to the hire. In particular circumstances PSAV will provide insurance at 12.5% premium of the hire charge to cover any loss or major damage. The Hirer is responsible for the first five hundred pounds of any loss or damage. The insurance does not cover loss from vehicles (even when locked and alarmed) or damage to equipment not transported in the supplied case. If loss or damage is discovered the incident must be reported to the Owners and the Police(in case of loss) within 24 hours. Failure to notify the Police within this period Invalidates the insurance. A full written report must be forwarded to PSAV within 72 hours detailing the circumstances of the incident. Failure to provide safe custody and care of the equipment will invalidate the insurance. In addition, the hire charges for the lost, stolen, destroyed or damaged equipment shall be payable and shall accrue and shall not Terminate until payment is received in full for (a) the compensation as aforesaid and (b) all other unpaid charges.

PSAV reserve unto themselves the right to exercise this clause and also to determine any dispute under this clause at their sole discretion

REPOSSESING HIRE EQUIPMENT

The Customer agrees that a representative of PSAV may enter any premises at which PSAV’s equipment are kept or reasonably believed to be kept for the purposes of recovering the equipment at the termination of any Hiring Period. In relation to premises not occupied or under control of the Customer, the Customer undertakes to procure permission for PSAV to enter the premises for the purposes of repossessing the hire equipment. The Customer shall compensate PSAV for any costs incurred in repossessing the equipment.

INDEMNIFICATION

The Customer and PSAV each hereby agree to forever indemnify, defend and hold harmless the other for any and all claims, losses, costs (including reasonable attorneys fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors.

LIMITATION OF LIABILITY

Notwithstanding any other provision, PSAV’s aggregate liability to The Customer under any circumstances shall be strictly limited to an amount equal to the actual fees paid to PSAV in connection with the Event. Under no circumstances shall PSAV’s liability exceed such fees paid by the Customer to PSAV in connection with the Event. Under no circumstances will PSAV be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise in connection with the Event.

The customer agrees to indemnify PSAV in respect of any claim for breach of Copyright caused by the transmission, recording, broadcasting, rebroadcasting of audio and visual projection on behalf of the Customer.

EQUIPMENT FAILURE

PSAV maintains and services its equipment in accordance with manufacturer’s specifications and industry practice. PSAV does not, however, warrant or guarantee that the equipment or services being provided will be free from defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during the Event for any reason whatsoever, The Customer agrees to immediately notify a PSAV representative. PSAV will attempt to remedy the problem as soon as possible so that the Event is not interrupted. The Customer agrees and acknowledges that PSAV assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of faulty equipment or otherwise.

VIDEO CONFERENCING & VIDEO/VOICE OVER IP

Where PSAV provides audio and/or video conferencing equipment we are responsible only for the equipment supplied by PSAV, unless specifically agreed in advance. Responsibility for contact with other parties via telephone or ISDN lines or communication over the Internet rests with the telecommunications provider or Internet Service Provider and failure to make or maintain a connection in this respect is outside the control of PSAV, unless specifically agreed in advance.

CONFIDENTIALITY

All quotations, contracts, plans and specifications provided by PSAV to the Customer are confidential and are not to be passed to any third party for a competitive bid or any other purpose.

FORCE MAJEURE

PSAV’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a failure to perform their part of the hire agreement.

APPLICABLE LAW

These Conditions shall be governed by the Laws of England and PSAV and the Customer submit to the jurisdiction of the English Courts.