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Conference Production
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Road Shows / Tours
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Awards Dinners
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Product Launches
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Stock Conference Packages
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Audio-Visual Hire
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Band PA Engineering
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Local Crew - Bristol
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Technical Crew - Bristol
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Staging
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Cost-Effective Productions
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Event Management
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Theming
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PowerPoint Design
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Multimedia Presentations
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Nationwide and European
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Video Production
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Photography
Contact Roadshow
4 Hampshire House
Tunbridge Lane
Liphook
Hampshire GU30 7SP
Tel: +44 (0)1428 727795
Mob: +44 (0)7967 661157
Email: ro@dshow.net
TERMS
AND CONDITIONS OF BUSINESS
Roadshow
1.1
In these conditions:
“Company” means Roadshow.
“Customer” means the company person or firm whose order is accepted
by the Company.
“Company Equipment” means the equipment to be hired in accordance
with these conditions as specified in the acceptance acknowledgement.
“Company Personnel” means any personnel supplied by the Company to
the Customer at the Customers request.
“Company Facilities” means each and all of Company Equipment, Company
Personnel and all and any other materials and/or services provided by the
Company to the Customer at the Customers request.
1.2
These Terms and Conditions (“Conditions”) shall apply to all orders
for the hire and/or provision of Company Facilities placed with the Company by
the Customers. Acceptance by the
Company of any order is conditional upon acceptance by the Customer of these
conditions which shall prevail over any other Terms and Conditions which are
contained or referred to in the Customers order or in correspondence or
elsewhere or implied by trade, custom, practice or course of dealing, unless
such other Terms and Conditions are specifically accepted in writing and signed
by an authorised representative of the Company.
2.1
No order submitted by the Customer shall be deemed to be accepted by the
Company unless and until confirmed in writing by the Company’s authorised
representative.
2.2
Whilst every endeavour shall be made to supply the Company Facilities as
ordered the Company reserves the right to substitute other Company Facilities of
similar specification.
2.3
Any dates quoted for delivery of the Company Equipment are approximate
only and the Company shall not be liable for delay in delivery of the Company
Equipment howsoever caused. Time
for delivery shall not be of the essence unless previously agreed by the Company
in writing.
2.4
Company Equipment will not be left at any delivery address unless the
person receiving them acknowledges receipt on behalf of the Customer by signing
a Delivery Note in respect thereof. It
is the Customers responsibility to ensure that a representative of the Customer
is available at the delivery address at the time of delivery to accept and
acknowledge receipt of delivery, and the signature on a Delivery Note of the
Customer or the person accepting delivery of the Company Equipment (who shall be
deemed to be the Customers agent for that purpose) shall be conclusive evidence
that the Company Equipment shall have been received and the Company shall be
under no liability to the Customer whatsoever thereafter for any alleged
shortage or incorrect items.
3.1
The Charge in respect of the Company Facilities (“Hire Charge”)
commences on the date on which the Company Equipment is made available to the
Customer or leaves the Company premises (whichever is the earlier) until the
later of the end of the agreed hire period (as specified in the Company
acceptance referred to in Clause 2.1 thereof) or when the Company Equipment is
returned to the Company or if lost or damaged beyond repair is replaced.
3.2
Specifications in respect of Company facilities, prices and rates
(specified in the Company’s Price List) are subject to alteration without
notice.
3.3
Payment of the Hire Charge and any other monies payable to the Company in
respect of the Company Facilities shall be due and payable 30 days from the date
of invoice. For the purposes of these Conditions time shall be of the
essence.
3.4
If the Customer fails to make payment in accordance with this Clause
then, without prejudice to any other right or remedy available to the Company,
the Company shall be entitled to charge the Customer interest (both before and
after any judgment) on the amount unpaid at the rate of 4% above National
Westminster Bank plc base rate from time to time, 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.
4.1
All Company Facilities are supplied to the Customer by the Company and
all equipment and materials are entrusted to the Company by the Customer
entirely at the Customers risk. Save
as provided in Clause 5 below and subject always to Clause 6 below, the Company
shall not in any circumstances be liable for loss or damage of any kind, however
caused, even where such loss or damage shall have been caused or contributed to
by the negligence of the Company.
4.2
Without prejudice to Sub Clause 4.1 above any and all Company Personnel
shall for the purpose of any liabilities to third parties or loss or damage
sustained by the Customer or by the Company be deemed to be the servant of the
Customer and such service deemed to be rendered by the Customer and, subject to
Clause 6 below, the Company shall not be liable for loss or damage of any kind
howsoever caused in connection therewith.
4.3
The Company Equipment is delivered or collected by the Company at the
Customers risk and expense and accordingly the Customer is liable for physical
loss and damage and delay to the Company Equipment from the time the Company
Equipment leaves the Company premises until it is returned to the Company’s
premises whether or not it is being delivered or collected by the Company or its
agents.
5.1
The Customer shall compensate the Company for any loss which the Company
may suffer as a result of any cancellation or variation of any order for the
supply of Company Facilities or failing to return any hired Company Equipment to
the Company’s premises at the termination of the agreed Hire Period in good
condition, fair wear and tear excepted (subject always to the provisions of Sub
Clause 5.2 below) or for any breach by the Customer of these Conditions.
In the event of non-return of hired Company Equipment the Customer shall
pay to the Company the full replacement value of same or the full cost of
repairing any damage together with any additional Hire Charge calculated in
accordance with the provisions of Clause 3 of these Conditions due to loss or
damage.
5.2
Bulbs, screens, filters, projection lamps, video tubes and the like items
are supplied on the basis that any deterioration while in the Customers
possession is the responsibility of the Customer and the Customer will be
charged with the replacement costs where any such deterioration occurs.
5.3
The Company shall, at its own expense, at all times during the agreed
Hire Period effect any repair or supply such replacement of Company Equipment as
may be necessitated by ordinary wear and tear provided that the Customer returns
any such Company Equipment needing attention to the Company’s premises,
carriage, insurance and handling charges (including, without limitation, charges
for the return journey of repaired or replacement equipment) to be paid by the
Customer and provided further that the Company will suspend the payment of the
Hire Charge during the period during which the Company Equipment is out of
service or until it is replaced (as the case may be) but the Company shall in no
circumstances be liable to the Customer for any loss or damage or expense
incurred or sustained in connection with or resulting from the return or repair
or replacement of such Company Equipment.
6.1
Subject as expressly provided in these conditions all warranties,
conditions or other terms implied by statute or common law are excluded to the
fullest extent permitted by law.
6.2
Except in respect of death or personal injury caused by the Company’s
negligence, the Company shall not be liable to the Customer by reason of any
representation, or any implied warranty, condition or other term, or any duty at
common law, or under the express terms of these Conditions, for any
consequential loss or damage (whether for loss of profit or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (and whether
caused by the negligence of the Company, its employees or agents or otherwise)
which arise out of or in connection with the supply of or use by the Customer of
such Company Facilities except as expressly provided for in these Conditions.
6.3
Save as provided in Sub Clause 3.4 of these Conditions time is not of the
essence of any agreement with the Customer, and the Company shall not be liable
for any delays in the supply of Company Facilities by it, or any losses
whatsoever due to any such delays howsoever caused.
6.4
Subject always to the provision of 6.1 to 6.3 inclusive the Customers
shall examine and check and subject to the appropriate tests all Company
Equipment supplied by the Company before utilising the same.
Provided any deficiency or defect is notified in writing to the Company
within 24 hours of the Company Equipment being delivered or collected (as the
case may be) the Company will replace or remedy (as appropriate) such deficient
Company Equipment and/or defects without additional charge.
7.
The Customer shall at all times keep the Company, its Directors, servants
and agents effectively indemnified against all actions, proceedings, costs,
charges, claims, expenses and demands whatsoever which may be made or brought
against the Company, its Directors, servants or agents by any third party in
respect of any death alleged injury, loss, damage or expense arising out of or
in connection with the use of the Company Facilities even where such injury,
loss, damage or expense is caused wholly or in part by the negligence or breach
of contract of the Company PROVIDED
HOWEVER that where same are in respect of death or personal injury caused
wholly or in part by negligence of the Company or by breach of contract of the
Company neither the Company nor its agents shall claim
indemnity from the customer in respect of such proportion of such
actions, proceedings, costs, charges, claims, expenses or demands as shall be
found to be due to their negligence or breach of contract as the case may be.
8.1
Unless prior to the commencement of the period of the Hire Period the
Company has received from the Customers insurers a declaration in the form
acceptable to the Company that the Customer has arranged insurance to the
satisfaction of the Company or if at any time the Company receives notification
of the lapsing or variation of the Customers said insurance or fails to receive
prompt and sufficient confirmation that such insurance remains in effect then
the Company shall be entitled (but not obliged) either to arrange immediate
insurance of the Company Equipment for its full replacement value against all
damage or loss consequential or otherwise (including without prejudice to the
generality of the foregoing payment of monies due to the Company pursuant to
these conditions) and also for public liability against claims made by third
parties arising from use of misuse of the Company Equipment to a level the
Company shall in its absolute discretion deem necessary or alternatively, to
rescind this agreement with the Customer without any liability therefore on
behalf of the Company but without prejudice to any other rights or remedies the
Company may have against the Customer.
8.2
The Customer will make full disclosure of all material circumstances
affecting insurance taken out, and if required by the Company both procure that
the interest of the Company is noted in respect of any such policy and that the
insurers are instructed to notify the Company direct of any cancellation or
repudiation in respect of same.
8.3
The Customer undertakes not to do or omit to do anything which would have
the effect of invalidating any insurance, or cover effected (whether by the
Company or the Customer) in pursuance of this Clause.
9.
The Customer shall keep the Company Equipment in their custody and ensure
that it is used in a skillful and proper manner by persons having the
appropriate qualifications and experience and who are familiar with the type of
equipment and/or services involved; the Customer will also ensure that under no
circumstances shall there be any alteration or addition to, modification,
adaptation or mis-use of the Company Equipment hire to them.
10.1
The Customer shall not be entitled to:
10.1.1
sell, loan, assign, pledge, encumber, part with possessions of or suffer any lien or other encumbrance to be
created over Company Equipment.
10.1.2
assign (whether in whole or in part) the benefit of its agreement
with the Company.
10.2
If:
10.2.1
the Customer makes any voluntary arrangements with its
10.2.3
the Customer ceases or threatens to cease, to carry on business or
10.2.5 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and
11.
The Customer agrees with the Company that a representative of the Company
may enter upon any premises from which the Company Equipment are kept or
reasonably believed to be kept for the purposes of recovering same at the
termination of any Hiring Period and in relation to premises not occupied or
under control of the Customer, the Customer undertakes to procure that
permission is obtained for the Company to enter for such purposes and the
Customer shall compensate the Company for any costs incurred in re-possessing
the hire equipment and/or Company Facilities.
12.1
If any provisions of these Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provisions in question
shall not be effected thereby.
12.2
No waiver by the Company of any breach of these Conditions by the
Customer shall be considered as a waiver of any subsequent breach
of the same or other provision.
12.3
Any notice required to be given hereunder should be
given in writing and may be given personally or may be sent by first class post
to the recipient at its registered office or principal place of business or such
other address as may at the relevant time have been notified pursuant to these
provisions to the party giving the notice or by fax and any notice given by post
shall be deemed to be served on the second working day after the same shall have
been posted and if given by fax shall be deemed to have been served at the time
of transmission if sent during business hours and at the commencement of
business on the first business day following transmission if not sent during
business hours.
12.4
The copyright of any presentation shall at all times remain the property
of the Company, unless copyright ownership of any part or section of any
presentation to be used by the prior rightful owner is registered to the correct
and proper authorities. The presentation may not be reproduced in whole or in
part other than by the Company, or a Company representative who has obtained the
presentation for the purpose of his/ her business, and shall not in the course
of such use be amended or altered by the Company representative or any other
person without the prior written approval of the Company.
12.5
These Conditions shall be governed by the Laws of England and the Company
and the Customer submit to the jurisdiction of the English Courts.
Roadshow
4 Hampshire House
Tunbridge Lane
Liphook
Hampshire
GU30 7SP