TSS Terms and Conditions
1. General Conditions applicable to all transactions
1.1. Definitions and Law
1.1.1 The “Equipment” shall mean items specified in Technical Stage Services’ invoice, including goods, hire services, installation work, design service and repair work, or any part thereof.
1.1.2. 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
1.1.3. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.1.4. “Interest” shall mean interest calculated in accordance with Clause 1.4.
1.1.5. 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
1.1.6. These terms and conditions apply to all contracts for sale and hire of goods to, or the provision of work for, the Customer.
1.2. Power to Enter this Contract
1.2.1. 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
1.2.2. The contract is effective once the Customer has placed an order, be it verbally or in writing, with Technical Stage Services, giving details of the Customer’s requirements and Technical Stage Services has accepted the order. By placing the order the Customer is bound by these terms and conditions.
1.3 Prices
1.3.1. All prices quoted are subject to confirmation at time of order and are subject to VAT at the rate in force on the date of the invoice. The company reserves the right to change the price quoted without notice.
1.3.2. 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
1.4. Payment and Interest
1.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date unless otherwise indicated
1.4.2. Where no such facilities have been granted payment will be with order or where previously agreed on delivery
1.4.3. Where payments are not made on the due date Technical Stage Services will be entitled to interest on the amount that is overdue at the Bank of Scotland 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.
1.4.4. The payment of such interest shall be without prejudice to any other rights or remedies of Technical Stage Services.
1.4.5. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the Customer
1.4.6. 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
1.5. Delivery & Collection
1.5.1. 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
1.5.2. 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.
1.5.3. 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
1.5.4. 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.
1.5.5. 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.
1.6. Force Majeure
1.6.1. 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.
1.7. Injury to Persons and Damage to Property
1.7.1. 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.
1.8. Consequential losses
1.8.1. 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
1.9. Rights Reserved
1.9.1. 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
1.9.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms.
1.10. Terms of Contract
1.10.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
1.11. Copyright
1.11.1. 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
1.11.2. 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
1.11.3. We reserve the right to record and monitor telephone conversations for staff training and other purposes
2. Conditions for Hire
2.1. Charges
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. Customer’s responsibilities
2.3.1. 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
2.3.2. The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so
2.3.3. 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
2.3.4. 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
2.3.5. 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
2.4. Hire of Equipment
2.4.1. Any electrical Equipment should be used with plugs and/or sockets as fitted
2.4.2. 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.
2.4.3. 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
2.4.4. 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
2.4.5. Staging Modules should not be drilled or cut in any way. Any damage to deck or framework will incur a repair or replacement charge.
2.4.6. 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.
2.4.7. 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.
2.5. Equipment Maintenance and Reporting
2.5.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period
2.5.2. Any breakdown or unsatisfactory working of Equipment shall be immediately notified to Technical Stage Services.
2.5.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from Technical Stage Services.
2.5.4. Any damaged or unsatisfactory Equipment must be returned to Technical Stage Services’ premises for examination at the Customer’s cost
2.5.5. 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.
2.5.6. 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
2.5.7. 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.
2.6. Compatibility of Equipment
2.6.1. The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer
2.6.2. The Customer shall be responsible for ensuring that any equipment is suitable for their purposes
2.7. Insurance
2.7.1. 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)
2.7.2. The Customer shall insure the goods against the above liability
2.7.3. 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
2.7.4. The Customer shall not compromise or settle any claim without the express consent of Technical Stage Services.
2.7.5. 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.
2.8. Condition of Returned Equipment
2.8.1. The Customer is fully responsible for safe keeping and return in good order of the Equipment
2.8.2. 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.
2.9. Termination of hire
2.9.1. 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
2.9.2. 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
2.9.3. 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.
2.10 Cancellation of hire
2.10.1 In the event of cancellation of Services and/or Equipment for hire by the Customer, the Supplier reserves the right to make the following charges:
2.10.2 Less than 14 days’ notice – 50% of total price.
2.10.3 Less than 7 days’ notice – 100% of total price.
3. Conditions for Sales
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. 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 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. If the Goods are collected from the Company premises by the Customer then it is the customer’s responsibility to check the Goods and report any defects to the Company at the time of collection
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 Cancellation of order
3.3.1 You may cancel your Order for Products for any reason within 14 days of order by contacting us.
3.3.2 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.3.3 The right to cancel in respect of Products is subject to the following exclusions:
(a) Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
(b) Products which are liable to deteriorate or expire rapidly, including perishable Products will not be exchanged or refunded unless they are faulty or incorrectly delivered;
(c) your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
(d) your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
3.3.4 Following cancellation, we will refund you the price paid for the cancelled Products, less any collection or return costs or charges (if any). Where you cancel the entire order, before all goods are dispatched we will also refund the standard delivery charges paid (if any) or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an Order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 30 days after the day:
(a) you notified us to cancel your Order, where you have not received the Products (and the Products have not been dispatched to you); or
(b) we receive the Products you returned to us, where you are in receipt of the Products; or
(c) you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them.
3.3.5 The refund will be made using the same means of payment as you used to pay for the Order, unless we agree otherwise.
3.3.6 You must arrange for the return of the Products as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products.
3.3.7 You must keep the Products you wish to return in your possession and take reasonable care of the Products at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
3.3.8 We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been dispatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
4. Conditions for Services, including installation, inspection and repairs
4.1 Access requirements
4.1.1. The proposal is based on the understanding that all work will be carried out between 0830 and 1700 Monday to Friday excluding Public Holidays. Any alterations to these working hours will incur additional costs.
4.1.2. Our estimate assumes that the Company’s engineers will have free, safe and proper access to all relevant areas and are afforded continuous and uninterrupted working. Whilst the Company will make all reasonable efforts to work with other suppliers, servants, trades and the customer, any interruptions or delays by the forenamed may result in additional charges being made to the customer.
4.1.3. You are asked to advise our engineers of the location of any concealed water, gas, electricity, telephone or other services, wiring or pipes, before work commences. In the absence of such advice we cannot accept liability for damaged to these services or for consequential damages.
4.1.4. You are required to advise us of the presence of any Asbestos Containing Materials (ACMs) in any area where we are likely to disturb the fabric of the building.
4.2 Planning and consents
4.2.1. You will need to obtain all necessary planning permissions, local authority consents and other consents and permissions required for the Services before they start. It is not our responsibility to check that you have obtained any required consents or permissions. You must allow us or our agent to inspect these consents and permissions if we ask.
4.2.2. You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is your responsibility to check that the Services will not violate any such restrictions.
4.3. Delivery of Services
4.3.1. The Services may be provided by a third party on our behalf.
4.3.2. Technical Stage Services does not accept responsibility for any liability for the performance or reliability of equipment or wiring that has not been approved, supplied and/or installed by Technical Stage Services or their appointed representative.
4.3.3. If hazardous materials are identified on the site, Technical Stage Services reserve the right to cease work until such materials are removed or made safe.
4.3.4. Technical Stage Services reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our reasonable recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.
4.3.5. If we have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting, decorating or tiling.
4.3.6. If you provide us with measurements you must ensure they are correct and accurate. You are responsible for the accuracy of measurements you provide.
4.3.7. If there is an error in the measurements you supply and the Products and/or Services are made or supplied to those measurements, we will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.
4.4. Additional works
4.4.1. If additional works are: (i) found to be necessary (including the removal and disposal of asbestos and any other hazardous substances); or (ii) requested by you, in each case during the course of the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.
4.4.2. Such additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to cancellation.
4.4.3. If you do not agree to the additional works and cancel your Order we will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so or we have failed to exercise reasonable skill and care.
4.5. Start of work
4.5.1. We will take reasonable steps to meet any estimated date(s) set out on the Quotation, Order Confirmation or as otherwise agreed between us for starting the Services. Occasionally these date(s) may be affected by factors beyond our reasonable control and so these date(s) cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new date with you.
4.5.2. You must take reasonable steps to collect or take delivery of the Products (where applicable) and do everything you reasonably can to ensure that we can start the Services on any estimated or specified date(s). Where the Services require Products purchased by you separately to your Order, you are responsible for ensuring that you have sufficient suitable Products for us to perform the Services and those Products are available at the property when we start the Services. If you do not have sufficient suitable Products, we may need to arrange a subsequent visit to complete the provision of the Services and we reserve the right to charge you a further fee for this. You must let us know if you wish to re-arrange the delivery/commencement date(s) and we will arrange a new date with you.
4.5.3. If you re-arrange an agreed Start Date with less than 7 days notice we reserve the right to charge an additional fee to the value of 10% of the total works. At that time all materials due to be supplied by Technical Stage Services in order to complete the Services will become immediately due for payment.
4.5.4. If we are unable to start the Services as a result of your action or inaction (for example, we are refused access to the property or you have not cleared the area where the Services are to be provided), we will need to arrange a subsequent visit to complete the provision of the Services or deliver the Products and we reserve the right to charge you a further fee for this as per 4.5.3
4.5.5. Technical Stage Services will use its best endeavours to effect completion of the Services by the agreed completion date but it cannot be held liable for any loss or damage resulting from delay or non-delivery due to causes beyond its control.
4.6. Cancellation
4.6.1. You may cancel your Order for Services for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order
4.6.2. You can exercise your right to cancel your Order by contacting us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4.6.3. If we have not started to provide the Services at your request or make the Products to your specification before the end of the cancellation period you will receive a full refund of the price paid for the Products and Services (subject to the provisions of Clause 3.3).
4.6.4. If we start to provide the Services or make the Products to your specification at your request before the end of this period then you will be required to pay for the Services carried out and for the Products which we have made or have started to make to your specification and/or which have been installed, prior to you contacting us.
4.6.5. Subject to the provisions of Clause 3.3, you will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to you contacting us. You will not have the right to cancel your Order for Services once we have completed those Services.
4.6.6. Any refund for the Services will be paid within 30 days after the day on which you inform us of your decision to cancel your Supply and Install Order and will be made using the same means of payment as you used to pay for the Order, unless we agree otherwise.
4.6.7. The conditions, time limits and procedures for exercising your right of cancellation with respect to the Product element of your Supply and Install Order (including the arrangements for receiving a refund) are set out in Clause 3.3.
4.7. Repairs
4.7.1. Once a repair has been made by the Company the Customer must arrange for the repair to be collected or delivery details given, within 30 days of the repair being completed. If after this time the repair has not been collected or delivery details not given the Company reserves the right to sell, or hire, the repaired item to recover its cost.
4.8. Liability
4.8.1. 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