TERMS AND CONDITIONS

1. Definitions and Law

1.1. The “Company” shall mean ABC Production Services Limited of Units 3-4 Stirling Industrial Center, Stirling Way, Borehamwood, Hertfordshire, WD6 2BT, company number 04421459.
1.2. The “Equipment” shall mean goods, components and other items hired or sold by the Company or  any part thereof.
1.3. The “Customer” is the person, firm, trust, corporate or public body hiring or purchasing the Equipment and/or services from the Company.  Any person purporting to act on behalf of the Customer shall be bound by the Contract and all terms mentioned herein.
1.4. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever.
1.5. “Interest” shall mean interest calculated in accordance with Clause 4.
1.6. “Dry Hire” shall mean the Customer has hired the equipment and has taken charge of using and operating it.
1.6. The “Contract” and provisions thereof are outlined in correspondence between all parties but is superseded by an agreed contract or agreement between parties.
1.7. The Contract shall be interpreted and applied in accordance with English Law and all parties to this contract agree to submit to the exclusive jurisdiction of the English Courts.

2. Hire Terms

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. All Dry Hire Equipment must be returned by the agreed date and time specified in the Contract in a clean and serviceable condition and the Customer must obtain a confirmation from the Company that the Equipment has been returned.
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. After a period of up 14 days (at the discretion of the Company) full replacement cost will be payable by the Customer.
2.1.4. All cables must be returned coiled and taped and in default a charge of £1.00 per cable will be charged to the Customer.
2.1.5. The Company provides spare lamps and parts with Equipment where appropriate. These and any lamps and parts they replace must be returned with the Equipment.  Should these not be returned, the Customer must pay the Company the cost for the cost of such lamps and/or parts.
2.1.6. All charges made by the Company are payable on demand by the Customer.
2.2. Hire Period
2.2.1. The hiring period commences at the date and time specified in the Contract and continues for the period specified therein.
2.3. Power to Enter this Contract
2.3.1. The signatory to the contract warrants that they are duly authorised on the Customer’s behalf to enter into the contract and hereby personally indemnify the Company against all losses and costs that may be incurred by the Company upon contractual default by the Customer and such signatory is deemed as party to the contract.
2.4. Customer’s responsibilities
2.4.1. 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 the Company’s receipt for the return of all the Equipment.  Such receipt does not confirm that the equipment has been returned in working order.  The Company shall notify the Customer within 5 working days after the Equipment is returned of any faults after the Company has had the opportunity to test the equipment.
2.4.2. The Customer shall not at any time sell, dispose or otherwise part with control of the Equipment or attempt to do so.  Ownership rights of the equipment shall be the Company’s at all times.
2.4.3. If the Contract is a Dry Hire, the Signatory to the Contract and the Customer jointly and severally undertake with the Company 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 guarantees that every user is fully compliant in all necessary regulations needed to operate, use and transport the equipment and further will not allow the Equipment to be misused.
2.4.4. If the Contract is a Dry Hire, the Customer will at all times fully indemnify the Company against any expense, liability, financial loss, claim, late return or proceedings whatsoever in respect of any personal injury or damage to or loss of any property or person arising out of or in connection with the Hire.
2.4.5. 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
2.5. Dry Hire of Equipment
2.5.1. Any electrical Equipment should be used with plugs and/or sockets as fitted.
2.5.2. If other plugs or sockets are fitted by the Customer such work shall be carried out by a competent person.
2.5.3. 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.
2.5.4. Wooden surfaces of staging modules can be painted, but must be returned to a good quality black before return, or additional charges may apply. Any paint on the metal framework, or excessive mud or tape may incur a cleaning charge
2.5.5. Staging Modules should not be drilled or cut in any way. Any damage to wooden surface or metal framework must be authorised by the Company, and may incur a repair or replacement charge.
2.5.6. The Company reserves the right to supply equipment of a similar or better design and specification to the Equipment without notice.
2.5.7. All descriptions, specifications, drawings and particulars issued by the Company 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.
2.6. Equipment Maintenance and Reporting during Dry Hire
2.6.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period.
2.6.2. Any breakdown or unsatisfactory working of Equipment shall be immediately notified to the Company.
2.6.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from the Company.
2.6.4. Any damaged or unsatisfactory Equipment must be returned to the Company’s premises for examination at the Customer’s cost.
2.6.5. Where Equipment breakdown or damage is caused by fair wear and tear or by a fault in the equipment, full allowance for the Hire will be made to the Customer, any claims to be considered from the time and date of notification by the Customer.
2.6.6. 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.
2.6.7. 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.
2.7. Compatibility of Equipment for a Dry Hire
2.7.1. The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer.
2.7.2. The Customer shall be responsible for ensuring that any equipment hired from the Company is suitable for their purposes.
2.8. Insurance for a Dry Hire
2.8.1. The Customer agrees to pay the Company the full retail cost of any Equipment lost stolen or damaged beyond economic repair (without deduction for usage wear and tear or age)
2.8.2. The Customer shall insure the goods against the afore mentioned liability.
2.8.3. 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 the Company on demand to the extent that any such payment is due under this clause.
2.8.4. The Customer shall not compromise or settle any claim without the express consent of the Company.
2.8.5. 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.
2.9. Condition of Returned Equipment of a Dry Hire
2.9.1. The Customer is fully responsible for safe keeping and return in good order of the Equipment
2.9.2. 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.
2.10. Termination of hire
2.10.1. 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 as well as interest and/or consequential loss and/or damages for breach of the Contract.
2.10.2. 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.
2.10.3. 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.
2.11. The Company’s Responsibilities
2.11.1. The Company shall not be held liable in any way for any requests or Equipment that have been supplied by the Company free of charge.
2.11.2. The Company agree to supply all Equipment in good working order.

3. CONDITIONS AS TO SALE

3.1. Risk in Title
3.1.1. Upon sale of Equipment, property and title in the Equipment shall remain vested in the Company and shall not pass to the Customer until the purchase price for the Equipment has been paid in full and received by the Company in cleared funds. Until title to the Equipment passes:

• The Company shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Equipment;
• The Company and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Equipment or any part are stored, or upon which the Company reasonably believes them to be kept;
• The Customer shall store or mark the Equipment in a manner reasonably satisfactory to the Company indicating that title to the Equipment remains vested in the Company; and
• The Customer shall insure the Equipment to their full replacement value, and arrange for the Company to be noted on the policy of insurance as the loss payee.

3.1.2. Irrespective of whether title to the Equipment remains vested in the Company, risk in the Equipment shall pass to the Customer upon delivery or if the Customer aranges collection from the Company.
3.1.3. 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 The Company the Customer’s solvency is in doubt The Company may (without prejudice to any of The Company.’ other rights) recover or resell the Equipment and may enter upon the Customer’s or any third parties property for that purpose.
3.2. Receipt
3.2.1. 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 The Company or their carrier.
3.2.2. 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 The Company within 24 hours of delivery
3.2.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by The Company unless condition 3.2.2. is observed
3.2.4. This condition does not affect the statutory rights of the Customer
3.3. Price
3.3.1. 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
3.3.2. The prices stated are for guidance purposes only. The customer agrees to pay for labour and material prices in our final invoice, even if this price is higher than initially estimated.
3.4. Payment
3.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within 28 days of invoice date.
3.4.2. Where no such credit facilities have been granted, payment will be made by the Customer in cleared funds to the Company prior to the delivery and/or collection of the Equipment.
3.4.3. Should the company be storing or holding any of the Customer's goods or property, the Customer agrees that if they do not pay the charges billed by the Company (as outlined in 3.3) when due, the Company shall have the right to sell the goods either (at their sole discretion) at auction or otherwise, and to pay themselves all unpaid charges and any associated costs. The Company shall account to the Customer for any balance.
3.5. Recording of Data
3.5.1. The Company reserve the right to record and monitor telephone conversations between the Customer and Company or any agents thereof for staff training and other purposes.
3.5.2. The Company reserve the right to indefinitely keep digital records of any data and/or documents and/or emails and/or correspondence given to and/or made by the Company from any person and/or firm and/or trust and/or corporate and/or public body in connection with the Contract.
3.5.3. The Company will disclose all data to the Customer in accordance with the Data Protection Act 1998 for a fee that will cover any stationary and/or digital media and/or labour and/or postage costs incurred by the Company for the delivery of such.
3.6. Discharge from Contract
3.6.1. The Company reserve the right to cancel the Contract and any subsequent contract(s) should the Customer be in payment arrears with the Company.
3.6.2. The Customer agrees to forfeit any deposit paid upon the Contract being cancelled.
3.6.3. The Customer shall be liable for 100% of the Contract fee for a Contract that is not a Dry Hire, should the Contract be cancelled within 7 days of delivery and/or collection.

4. Conditions Applicable to both Hire and Sales

4.1. Payment and Interest
4.1.1. Where payments are not made on the due date the Company will be entitled to interest on the amount that is overdue at a compounded rate daily rate of 4% above the Bank of England base rate prevailing for the period for which such monies are overdue.
4.1.2. The payment of such interest shall be without prejudice to any other rights or remedies of the Company.
4.1.3. Any legal and/or other charges incurred in the recovery of money or equipment shall be paid by the Customer to the Company.
4.1.4. 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.
4.1.5. If a discount has been given to the Customer, it is only valid if all of the terms and conditions mentioned herein are adhered to by the Customer, and that there is no breach of this Contract by the Customer.
4.1.6. Late payment by the Customer is deemed a breach of this Contract.
4.2. Liability
4.2.1. 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) replacement or repair of the defective equipment; or
(c) at the Company’ option a refund of the price
4.2.2. 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 and/or non delivery and/or unsuitability and/or incompatibility and/or unlawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same.
4.3. Delivery & Collection
4.3.1. Any dates and times quoted for delivery & collection of the Equipment are approximate only and the Company shall not be liable for any delay in delivery of the Equipment howsoever caused unless caused by the negligence of the Company or its agents.
4.3.2. Hire charges or sale prices do not include transport or carriage charges. Any expenses incurred by the Company in delivery or recovering the Equipment or attempting the same will be paid by the Customer.
4.3.3. For a Dry Hire, unless otherwise agreed in writing, the Customer is responsible for loading, transporting and unloading the equipment.
4.3.4. Where carriage or delivery charges are quoted by the Company, such charges will include only for the time to load or unload alongside the Company’s vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer.
4.3.5. Where arrangements have been made for the Company to be assisted by the Customer, if no suitable assistance is available, at the drivers discretion, the delivery may be aborted and full delivery and hire costs will still be payable. Re-delivery will incur additional charges. Likewise for collection, equipment will remain on hire until alternative collection arrangements have been completed.
4.3.6. The Company reserves the right to recharge additional costs of delivery and collection including, but not restricted to, dismantling equipment, parking fines, waiting time and toll charges.  Parking fines will only be chargeable should no other means of parking be possible within reasonable distance to the delivery address.
4.4. Force Majeure
4.4.1. 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.
4.5. Injury to Persons and Damage to Property
4.5.1. Subject to 4.2. 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.
4.6. Rights Reserved
4.6.1. Any failure by the Company to enforce any or all of these conditions shall not be construed as a waiver of any of the Company’s rights herein.
4.6.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms.
4.7. Terms of Contract
4.7.1. These conditions have effect in substitution for and to the exclusion of any condition put
forward by the Customer.
4.8. Copyright
4.8.1. The Company 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.
4.8.2. 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.

5. Performance

5.1. Disturbances
5.1.1. The Company may cancel the Contract at any time and the Customer will be liable for full payment of the Contract to the Company should;
(a) there be any aggressive and/or abusive behaviour made towards the Company and/or its agents by the Customer and/or their agents or
(b) there be any public disturbance during the performance of the Contract or
(c) should any person in attendance for the performance of the Contract break any law.

In all the above wording the singular includes the plural and the plural includes the singular.