1. Definitions and Law
1.1. The “Equipment” shall mean goods, components and other items hired or sold by Technical Stage Services 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 4.
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. Hire Terms
2.1.1. Hire charges commence from the date / time stated in the contract and are payable for the period of hire
2.1.2. Equipment must be returned by the date / time 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. After a period of up 14 days (at the discretion of TSS) 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 £2 per cable will be made
2.1.5. Technical Stage Services provides spare lamps and fuses with Equipment where appropriate. Any lamps and fuses replaced must be returned with the Equipment otherwise 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 the date and time specified in the Contract and continues for the period specified in the Contract and terminates at the time specified on the last day of the hiring period
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 indemnifies Technical Stage Services against all losses and costs that may be incurred by Technical Stage Services if this is not the case
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 Technical Stage Services’ unqualified receipt for the return of all 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
2.4.3. The Signatory to the Contract and the Customer jointly and severally undertake with Technical Stage Service 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
2.4.4. The Customer will at all times fully indemnify Technical Stage Services 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
2.4.5. 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. 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 to be fitted by the Customer such work shall be carried out by a competent person and must be reinstated to the original condition before return.
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. Staging Modules are supplied in a good condition, but as rental items may not be in as new condition. Wooden decks can be painted, but must be returned to a good quality black before return, or additional charges may apply. ‘Topline’ StageDex must not be painted. Any paint on the aluminium 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 deck or framework will incur a repair or replacement charge.
2.5.6. Where decks are supplied via truck, decks must be stacked wooden side down on top of wooden bearers. Do not fork through metal bracing on decks as this will damage the staging.
2.5.7. Technical Stage Services reserves the right to supply equipment of a similar design to the Equipment quoted. All descriptions, specifications, drawings and particulars issued by Technical Stage Services 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, Technical Stage Services reserve the right to change specifications without notice.
2.6. Equipment Maintenance and Reporting
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 Technical Stage Services.
2.6.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from Technical Stage Services.
2.6.4. Any damaged or unsatisfactory Equipment must be returned to Technical Stage Services’ 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 Technical Stage Services 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 Technical Stage Services.
2.7. Compatibility of Equipment
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 is suitable for their purposes
2.8.1. The Customer agrees to pay Technical Stage Services the full retail cost of any Equipment lost, stolen or damaged beyond economic repair (without deduction for usage wear tear or age)
2.8.2. The Customer shall insure the goods against the above 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 Technical Stage Services 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 Technical Stage Services.
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
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 Technical Stage Services 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. Technical Stage Services 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 Technical Stage Services’ in doubt. Such termination shall not affect the right of Technical Stage Services to recover from the Customer any monies due under this contract interest consequential loss or damages for breach
2.10.2. The Customer hereby authorises Technical Stage Services to enter upon any property upon which Technical Stage Services reasonably believe any Equipment to be and Technical Stage Services in their absolute discretion may recover and remove the Equipment
2.10.3. The Customer hereby authorises Technical Stage Services. (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to Technical Stage Services arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of Technical Stage Services.
3. CONDITIONS AS TO SALE
3.1. Risk in Title
3.1.1. 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 Property and title in the Equipment shall remain vested in Technical Stage Services and Technical Stage Services reserve the right to dispose of the Equipment until such time as the price shall have been paid in full
3.1.2. 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 Technical Stage Services the Customer’s solvency is in doubt Technical Stage Services may (without prejudice to any of Technical Stage Services.’ other rights) recover or resell the Equipment and may enter upon the Customer’s or any third parties property for that purpose.
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 Technical Stage Services’ 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 Technical Stage Services 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 Technical Stage Services unless condition 3.2.2. is observed
3.2.4. This condition does not affect the statutory rights of the Customer
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.
3.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date
3.4.2. Where no such facilities have been granted payment will be with order or where previously agreed on delivery
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 Technical Stage Services 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.
4.1.2. The payment of such interest shall be without prejudice to any other rights or remedies of Technical Stage Services.
4.1.3. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the Customer
4.1.4. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by Technical Stage Services 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
4.2.1. Technical Stage Services.’ 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 for a period of 12 months from invoice date; or
(c) at Technical Stage Services’ option a refund of the price
4.2.2. Consequential losses
Nothing in these terms and conditions shall make Technical Stage Services 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
4.3. Delivery & Collection
4.3.1. Any dates and times quoted for delivery & collection of the Equipment are approximate only and Technical Stage Services shall not be liable for any delay in delivery of the Equipment howsoever caused
4.3.2. Hire charges or sale prices do not include carriage unless specifically stated. Any expenses incurred by Technical Stage Services in delivery or recovering equipment or attempting the same will be paid by the Customer. Unless otherwise agreed in writing, the Customer is responsible for loading, transporting and unloading the equipment.
4.3.3. Where carriage charges are quoted by Technical Stage Services such charges will include only for the time to load or unload alongside the Technical Stage Services’ vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer
4.3.4. Where arrangements have been made for TSS 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 rental 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.
4.3.5. Technical Stage Services 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.
4.4. Force Majeure
Although the Seller 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 Technical Stage Services 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 Technical Stage Services.
4.6. Rights Reserved
4.6.1. Any failure by Technical Stage Services to enforce any or all of these conditions shall not be construed as a waiver of any of Technical Stage Services’ rights hereunder
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
4.8.1. Technical Stage Services 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 for the said purpose
4.8.3. We reserve the right to record and monitor telephone conversations for staff training and other purposes