Venue Audio Visual & Venue Services Limited conditions of hire for equipment & provision of technical services for event production and virtual conferencing services
Definitions
‘The Company’ means Venue Audio Visual or Venue Services Limited ‘The Client’ means the legal person with whom the Contract is made by the Company. ‘The Contract’ means the contract between the Company and the Client for the rental of equipment. ‘The Company’s premises’ means 46 Clifton Road, Cambridge CB1 7ED or such other premises as may be notified by the Company to the Client. ‘The Delivery Date’ means the date that the equipment or services are delivered to the Client, or the date that the equipment or services are completed/collected from the Company’s premises, whichever is applicable. ‘The Return Date’ means the date specified in the Contract as the date for collection of equipment from the Client by the Company, or the date that equipment is delivered by the Client to the Company’s premises, whichever is applicable. For equipment hire ‘The Rental or Hire Period’ means the period commencing on the Delivery Date and ending on the Return Date. Acceptance All orders placed by the Client must be in writing and are subject to written confirmation by the Company. No contract shall be initiated until such confirmation is given.
Payment
Unless otherwise agreed payment shall be in accordance with the terms indicated in the quotation/contract. The Company reserves the right to cancel its obligations under the Contract if payment has not been received by the due date. Credit account customers are required to settle outstanding accounts within 30 days from the invoice date (unless otherwise stated on the invoice). The Company reserves the right to charge interest on overdue accounts (both before and after any judgment) at the rate of 2.0% per month calculated on a daily basis from the due date for payment.
Cancellation of goods and services for an event or pre-booked equipment hire
Cancellation of Equipment
Cancellation 90 days or more before the first day of the Rental Period = 50% payment of total equipment rental charge. Cancellation between 60 and 90 days before the first day of the Rental Period = 75% payment of total equipment rental charge. Cancellation 60 days or less before the first day of the Rental Period = 100% payment of total equipment rental charge. Cancellation of technical labour services (AV Technician, broadcast technician, Camera Operator, Video Editor, Project Manager Etc.) Cancellation more than 60 days before a booking = 50% Cancellation less than 60 days = 100%
Cancellation of virtual event services
Cancellation more than 90 days before the first day of the virtual event = 50%. Cancellation between 90-60 days = 75% Cancellation less than 60 days = 100%
Delivery & setup – Equipment hire
All times or dates quoted for the delivery and setup of the equipment are given in good faith, but the Company cannot accept responsibility for delay in delivery howsoever caused. The client will ensure all relevant areas will be available with adequate time for setup and removal of equipment. The client will ensure parking for deliveries and technical staff will be made available. The client will reimburse any parking costs or fines caused by lack of adequate provision at the address of the venue.
Service delivery – Labour services (AV Technician, Camera Operator, Video Editor, Project Manager Etc.)
All staff arrival and project completion times/deadlines are given/undertaken in good faith but the company cannot accept responsibility for delay in completion of any project or event however so caused.
Obligations of the Client – Equipment hire
The Client hereby undertakes and agrees as follows: (1) To inspect the equipment immediately on receipt and within 12 hours of receipt to notify the Company technician/representative in person or by email or telephone that the equipment is either defective or otherwise not in accordance with the Contract. If no such notification is given the equipment shall be deemed to be complete and in good order and condition and the Client shall be bound to accept and pay for the same accordingly. (2) To use the equipment with all reasonable care and to operate the equipment in accordance with any instructions issued for it. (3) Not to make any alterations or modifications or attempt to make any repairs to the equipment without the prior written consent of the Company. (4) To accept responsibility for the duration of the Rental Period for all risks of loss of the equipment or damage thereto and to maintain for the duration of the Rental Period comprehensive insurance on the equipment for its full reinstatement value against all risks of loss or damage. (5) To indemnify the Company on demand against all costs, charges and expenses suffered by the Company as a result of or in connection with any breach of the Contract by the Client. This will include third party services requested by the client such as translators, cameramen or any specialised service for an event or project.
Late return of the equipment or refused access on collection
Upon expiry of the hire period charges at the Company’s standard rates shall continue to be payable until the equipment is returned to the Company. In addition if as a result of late return of equipment under the Contract the Company is obliged to incur additional costs to fulfill any other rental obligations the Company reserves the right to recharge these additional costs to the Client.
Liability - Hire equipment The Client expressly acknowledges that the Company is not the original manufacturer or supplier of the equipment and that the equipment has been selected by the Client as suitable for its purpose. The Company’s liability for loss or damage arising out of a breach of this Contract shall not in any event exceed the value of that Contract. The Company does not accept liability for any consequential loss or damage arising from the rental of equipment and any express or implied condition is hereby excluded.
Force Majeure The Company shall not be held liable to the Client if fulfillment of its obligations under the Contract are prevented or hindered by force majeure. For the purposes of this condition, force majeure shall mean any circumstance beyond the control of the Company. Conditions Each provision of these conditions is to be construed as a separate provision applying and surviving even if for any reason one or another of the said provisions is held inapplicable or unreasonable in any circumstances Instructions The Client shall be liable to the Company in respect of all work carried out by the Company subject to these Conditions of Hire or provision of technical services whether or not such Client purports to Contract as an agent. The Client may not without the express prior written agreement of the Company assign the benefit or burden of any Contract with the Company. Jurisdiction The Contract shall be governed by the laws of England and shall be subject to the jurisdiction of the English courts. Any disputes arising hereunder shall be settled by the courts in Cambridge, UK.
INSTALLATION & SERVICE TERMS AND CONDITIONS
1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“You/Your” means the person who purchases and/or receives the Services from Us.
“Us/We/Our” means Venue Services Ltd T/A Venue Audio Visual.
“Contract” means the contract between Venue Audio Visual and You, which shall be deemed to incorporate these Terms and the terms on any individual quotation you may receive.
“Services” means the Services, including any goods, parts and materials, detailed in the quotation to be supplied by Venue Audio Visual to You.
“Order” means the quotation and terms provided by Venue Audio Visual and signed and returned by You describing the Services requested by You and accepted by Venue Audio Visual and detailing the estimated price to be paid and estimated timescales for delivery of the Services.
2. The Contract
The Contract shall be on these Terms; incorporating the terms on any individual quotation you may receive, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and any terms of the quotation, the terms of the quotation shall prevail.
The Contract will commence when you sign and return your quotation together with these Terms and shall terminate upon delivery of the Services or as otherwise detailed in accordance with these Terms.
3. The Service
We will provide the audio visual systems design, supply and installation Services, which may include without limit, initial designs, installation plans, labour for installation, access to quality sub-contractors for property alteration elements and where required, complete project management, on dates and at locations as are more specifically defined and confirmed within your order.
Unless we have agreed to project manage the installation for you as part of the Services contained in the Order, You will be responsible for entering into contracts with any subcontractors directly. We do not accept liability for the actions or inactions of any subcontractors.
We will take all reasonable care not to cause any damage to the surrounding areas.
When installing items within voids such as projectors, screens and speakers we will make every effort not to damage the surrounding décor or structure. Unavoidable damage or re-decoration following the installation will be your responsibility to re-instate.
Unavoidable surface cables will be installed in white mini trunking.
4. Responsibilities
You are responsible for:
Ensuring we have access to the site and to power/light on the dates indicated in the Order and any others as may be advised from time to time.
Notifying Us of any special requirements or alterations to the original quotation you may have.
Notifying Us of any special considerations your site may have.
Ensuring the site is free of hazards, including without limit, animals and children.
Venue Audio Visual are responsible for:
Informing you of the progress of the delivery of Your Services.
Delivering the Services with all reasonable skill and care, and in full compliance of relevant established current professional standards and safety requirements.
5. Risk in and Ownership of Goods
Risk in any goods supplied shall pass to You on delivery to your premises. Ownership in the goods shall not pass to You until We have received in full, in cleared funds, all sums due to Us in respect of the goods and all other sums which are or may become due to Us from You on any account. Until ownership of the goods has passed to you, you shall: hold the goods on a fiduciary basis as Our bailee; store the goods separately from all other goods of Yours or any third party in such a way that they remain identifiable as Our property; not destroy or deface any identifying mark on the goods or their packaging; and, maintain the goods in satisfactory condition fully insured.
6. Warranty
Venue Audio Visual will warrant any goods that form part of the Services under Your Order for a period of 6 months or the length of the Manufacturers Warranty, whichever is the longer. Venue Audio Visual will warrant that the labour elements of the Services under your Order are of satisfactory quality a period of 12 months from delivery of the Services. Venue Audio Visual will not be liable for any claims under this (Continued)
Warranty where the goods are found to have been used and/or stored other than in accordance with the Manufacturers guidelines or misused in any way, or where any faults are as a result of general wear and tear or the failure or inadequacy of works carried out on the goods either prior to or subsequent to the provision of the Venue Audio Visual services. In all cases the warranty does not cover the labour involved in correcting any faults save were a fault has arisen as a result of the negligence of Venue Audio Visual. Please note that where we are requested to return to Your site to repair/replace items under this warranty which are subsequently found not to be faulty or the faults in which are not as a result of an action or inaction of Venue Audio Visual we will charge a call out fee and labour charges at our then current rates.
If you wish to make a claim under this warranty, please notify Venue Audio Visual immediately by phone or email quoting the Order reference number.
7. Price and Payment
The price for the Services will be set out in the Order and is exclusive of any taxes applicable at the time of invoicing, unless otherwise stated. Payment or part payment for any goods/materials may be requested within 7 days when items have been delivered to site. Payment of the balance of the Order will be required upon completion of the Services unless otherwise stated in Order. Payment terms are on completion for non account holders or 30 days for account holding customers.
Payment can be made by cash, cheque or direct bank transfer. Where payment is made by cheques, the cheque should be made payable to Venue Services Limited and clearance will be required. Once an Order has been accepted in writing by Us the cancellation terms contained below apply.
8. Limitation of Liability
Neither party shall have any liability for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.
Notwithstanding the above clause and save in the case of death or personal injury caused by the negligence of Venue Audio Visual, for which Venue Audio Visual liability shall be unlimited, Venue Audio Visual liability under this agreement shall be limited to £10000 or the price paid by You for the Services, whichever be the lesser; and in the case of any Warranty claims to the price of the individual element of the Services to which the claim relates.
9. Cancellation of Advance Orders
If You have to cancel an Order You have placed the following terms apply:
In all cases You will be required to pay for the cost of any materials/parts/consumables detailed in Your Order that we have ordered on your account and upon which we cannot obtain a refund from our supplier or where only a partial refund is obtainable, plus any applicable carriage/packaging/storage fees. Additionally: – If You are able to give more than 30 days notice of Your cancellation prior to the estimated date of commencement of Your Services as detailed in Your quotation, You will be required to pay an additional charge of 25% of the remaining Order value.
– If You give less than 30 days notice of Your cancellation prior to the estimated date of commencement of Your Services as detailed in Your quotation You will be required to pay an additional charge of 50% of the remaining Order value.
– If notice of cancellation is received once delivery of the Services has commenced, You will be required to pay an additional charge of 100% of the remaining Order value.
Where upfront or stage payments have been made these amounts will be reconciled with any payment due and any outstanding balance will be payable by You immediately. No repayments will be made. You will never be required to pay more than the total Order value.
All cancellation requests must be received and agreed in writing by Us.
The date on which the letter, fax or email is received by Venue Audio Visual will be deemed as the date the request has been made.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
You may not vary this agreement unless it is specifically agreed in writing and signed by Us. Venue Audio Visual may vary this Agreement by notifying You in writing of the proposed variation, such variation will be deemed accepted if Venue Audio Visual do not receive a response from You within 15 days.
Venue Services Limited trading as Venue Audio Visual, Registered in England & Wales No. 5269308 R.O. 115c Milton Road Cambridge CB4 1XE
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
