EVENT LIGHT & SOUND

“The Supplier” shall mean EVENT LIGHT & SOUND.
“The Client” shall mean the person, or company, named on The Contract, and/or The Invoice, taking The Supplier’s equipment on hire.
“The Contract” shall mean the agreement, either as The Contract, or The Invoice, between The Supplier & The Client.

1) All services and goods supplied by The Supplier are subject to the terms set out herein and in The Agreement attached unless varied in writing by the parties. The signing of The Agreement shall be deemed to be acceptance of these Terms of Business.

2) All works, goods, and services shall be supplied by The Supplier to a good and workman like standard in accordance with The Schedule which is annexed hereto, so far as the circumstances shall reasonably allow. The Client shall ensure that The Schedule complies in all respects with their requirements, or any authority, or any other person, or entity involved. The Supplier reserves the right to alter or amend The Schedule at any time, if in the absolute discretion of The Supplier, the needs of safety so require.

3) The Client must ensure that all necessary licences, consents, and authorities to stage the event/s have been obtained and shall indemnify The Supplier in respect of any liability, costs, or claims, arising therefrom.

4) The invoice shall be paid strictly in accordance with the terms of payment contained in The Agreement.

5) The Client shall ensure that all equipment provided by The Supplier is fully protected from, and insured against, all risks ( including but not limited to, theft & malicious acts in respect to equipment) and shall produce evidence of such insurance with The Supplier’s interest noted thereon at the request of The Supplier. The Client is responsible for all loss or damage to The Supplier’s equipment while on hire.

6) Unless otherwise agreed in writing by both parties to this Agreement, The Supplier acknowledges and accepts that:

7) The Supplier shall keep secret and shall not use or disclose, and shall use his/her best endeavors to prevent the use or disclosure by, or to, any person, any of The Client’s or The Client’s client’s confidential information which came to his/her knowledge during the engagement.

8) The restriction shall apply during and after The Suppliers engagement without any time limit, but shall cease to apply to information or knowledge which The Supplier establishes has, in it’s entirety, become public knowledge otherwise than through the unauthorized disclosure or the breach of The Suppliers part of that restriction.

9) Confidential information means all confidential information relating to the organization, finances, business activities, and private activities, of The Client, The Client’s client, and either of their employees and agents, suppliers, or advisors.

10) The Supplier agrees not to use any information gleaned during the term of this Agreement to directly or indirectly solicit business from any of The Client’s clients.

11) The Supplier shall not be liable for any breach of the Agreement or terms hereof, where such a breach was caused by, or substantially contributed to by, any cause beyond the control of The Supplier, including ( without limitation ) Act of God, insurrections, riot, civil commotion, Government or other enforceable regulations, embargoes, explosions, strikes, labour dispute, fire, and exceptionally adverse weather. The Supplier’s sub-contractors shall be deemed to be parties to the agreement for the purpose of obtaining the protection of this clause, and The Client shall indemnify The Supplier in respect of any claim by a third party in respect of which liability is excluded by this clause, provided always that The Supplier shall use it’s best endeavours to prevent such a breach, or mitigate the effects thereof.

12) If The Client shall make any assignment for the benefit of it’s creditors, commit and/or fail to inform The Supplier of any act of bankruptcy, or, if being a limited company, shall suffer any receiver of it’s assets to be appointed, or upon any commencement of any winding up, or upon failure to pay any sum due to The Supplier, whether due under this contract, or otherwise upon breach of contract by The Client, The Supplier shall be entitled to cease work immediately and to dismantle, remove, or otherwise bring to an end, any works, service, goods, or other things, supplied by The Supplier hereunder. Upon ceasing work, dismantling, removing, or otherwise bringing to an end any works, service, goods, or other things supplied by The Supplier hereunder, this contract shall be deemed to have been terminated, but without affecting any pre-existing rights of the parties, including The Supplier’s right to receive payment of the full price of this contract without deduction.

13) Any discounts applied to equipment rental rates on an invoice are on the understanding that payment is made by the due date. Failure to do so negates the discount, rendering the full rental rate due. Interest at a rate of 8% above bank rate, together with a fixed sum of £40 for debt’s upto £1000, or £70 for debts in excess of £1000, will be charged on all outstanding balances, in accordance with the Late Payment Of Commercial Debts regulations, 2002.

14) When The Supplier is required to install, or otherwise setup, his, or third party equipment for The Client, the following shall apply:

The Supplier will require, free of charge, safe onsite parking for their delivery vehicle, for the duration of the event, to include sufficient time for unloading and reloading. For outdoor and festival type events, this must be hard standing, or “Trakway” type temporary surface.

The Supplier shall be given adequate time on site to assemble, test, operate, dismantle, and remove said equipment.

A safe system of work will be employed which requires all staff assisting in the operation to be trained in the relevant procedures.

Equipment will not be moved, assembled, or dismantled in low light or blackout conditions.

Where stairs form part of the load in or out for equipment, The Client shall provide a minimum of four trained sober personnel to move said equipment. For outdoor and festival type events, the equipment route from our vehicle to the stage or performance area must be of firm construction. Movement of our flight cased equipment over grass, gravel, or similar surfaces, would result in damage both to our equipment, and to the surface in question, and is expressly forbidden.

Where The Supplier is prevented from operating within the clauses outlined in term 14, The Client, and/or The Venue, dependant on who is responsible for said breech, will be liable for any loss or damage to equipment, and any claims arising from injury sustained.

15) The agreement to which these terms shall apply, shall be construed in accordance with the laws of England, and the parties agree to accept the jurisdiction of the courts of England.

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