Issue No: 7.0 February 2018. Supersedes all previous issues.
Any reference within these Terms and Conditions to ‘we’, ‘our’, ‘us’, ‘the company’ or ‘Showlite’ shall mean Showlite Sound and Light or D F Whiting as applicable. Nothing within these Terms and Conditions shall in any way affect your statutory rights.
1. BOOKINGS & CANCELLATIONS
1.1
- Unless otherwise agreed all verbal bookings for equipment operation must be confirmed in writing. Once confirmed cancellation of a booking by you will result in a charge consisting of 50% of the expected total labour cost being levied.
1.2
- Verbal requests for repairs, maintenance or installation will normally be accepted. However if written authorisation to proceed or an official Order Number is requested no work particularly ordering of equipment or spare parts will take place until this authorisation is received. Once authority to proceed whether verbal or written is received cancellation of the work by you will result in a charge consisting of 50% of the expected final labour cost being levied. In addition the cost of preparing any plans quotations or other documentation and the full cost of any items of equipment or spare parts purchased specifically for the cancelled work will also be charged.
1.3
- Verbal requests for equipment hire will normally be accepted. However if written confirmation or an official Order Number is requested no booking of externally hired equipment will take place until this authorisation is received. Once confirmed, whether verbally or in writing, cancellation of a hire booking by you more than FOURTEEN days prior to the commencement of the booking may result in a charge consisting of 50% of the expected total hire cost being levied. Cancellation by you FOURTEEN days or less prior to the commencement of the booking may result in the FULL hire cost and any equipment operation charges becoming payable. Regardless of the length of notice of cancellation given by you in the event that we have obtained part or all of the hired equipment from third party hirers we reserve the right to pass to you in full any charge which these companies may make for cancellation of a hire.
1.4
- Where due to unforeseen circumstances Showlite is forced to withdraw partly or totally from any previously agreed contract we will give you as much notice of our impending withdrawal as the circumstances permit. Where possible we will also give you every assistance to find suitable individuals or companies who may be able to carry out the agreed work in our place.
2. ACCEPTANCE OF WORK
2.1
- Showlite reserves the right to refuse to accept any work or to refuse to carry out any previously accepted work of any kind should any aspect of the work or the venue appear in our opinion unsuitable unsafe or illegal.
3. QUOTATIONS
3.1
- Advice and estimates are free. A charge of £30.00 is made for the preparation of any formal quotations and/or equipment specifications. The charge will be deducted from the final cost of any work resulting from the prepared documentation.
3.2
- All quotations given are based on prices current at the quotation date. Prices eventually charged may vary to reflect the price current at the time of delivery.
4. CHARGES & PAYMENT
4.1
- Unless otherwise agreed all invoices are payable within THIRTY DAYS of the invoice date.
4.2
- For show operation a fixed charge per performance will apply. We reserve the right to charge an additional amount if the period worked becomes in our opinion unnecessarily long.
4.3
- At our discretion additional charges at the rate of 1.5% of each original invoice total may be added to an overdue account for each day which that account remains unpaid. Paid shall mean that all invoiced amounts in respect of the goods or services supplied have been credited to our TSB Bank plc bank account.
4.4
- Payment may be made either by electronic funds transfer or by cheque or by cash. Cheques must be made payable to D WHITING. Cheques made payable to the company name will be returned for re-issue. Receipts will not normally be issued.
5. GUARANTEES
5.1
- We can give no guarantee on goods purchased other than that given by the manufacturer of the goods concerned.
5.2
- All installation work carried out by Showlite is guaranteed for twelve months from the date of hand-over unless we notify you otherwise in writing.
5.3
- Repairs carried out by us are guaranteed for three months from the date of return of the repaired item.
6. PYROTECHNIC AND OTHER EFFECTS
6.1
- We can usually give general advice on the use of pyrotechnic effects. However for safety and insurance reasons we are not able to supply pyrotechnics or the equipment to detonate them.
6.2
- Where other types of effects are supplied Showlite will so far as is reasonably practicable supply information on the correct and safe methods of use for the said effects. Guidance issued should be adhered to at all times.
7. POWER SUPPLIES
7.1
- Where appropriate a suitable power must be available. This should be installed and tested to meet the requirements of the current edition of BS7671 and/or BS7909 as appropriate.
8. HIRING-ON
8.1
- Equipment owned by Showlite may not be hired-on without our written permission. Equipment hired through Showlite but not owned by us cannot be hired-on.
9. MODIFICATION, DAMAGE AND FAILURE
9.1
- Hired equipment must not be modified in any way. Particularly cables should not be cut, plugs or sockets removed or equipment repaired without authorisation from Showlite. All cables should be returned coiled and secured as supplied.
9.2
- The full cost of correcting any damage or unauthorised alterations discovered on return of the equipment will be charged for.
9.3
- Showlite should be notified immediately of any equipment which appears not to work after collection or which fails during the hire period. Once collected or delivered all hired equipment will be charged for unless we are notified prior to the end of the hire period of any faults which render the equipment unusable or cause it not to perform in the anticipated way.
9.4
- Where weatherproof sound equipment is hired only the loudspeakers and their associated cabling are fully weatherproof. All other equipment MUST be kept dry at all times. The cost of correcting damaged caused by failure to comply with this clause will be charged for as in clause 9.2 above.
10. OWNERSHIPS
10.1
- Hired equipment shall remain the property of Showlite or its third-party suppliers at all times and must be returned on the agreed date. Additional hire charges will apply if hired equipment is not returned promptly.
10.2
- Ownership of purchased equipment shall not pass to the customer until all invoiced amounts in respect of the goods have been paid in full. Paid shall mean that all invoiced amounts in respect of the goods supplied have been credited to our TSB Bank plc bank account.
11. AVAILABILITY FOR HIRE
11.1
- The inclusion of any item of equipment in our Equipment Hire List does not guarantee that the item will be available for hire. Whilst we will make every endeavour to supply the goods for hire as ordered we reserve the right to substitute other similar equipment. The hirer will be notified if this substitution will result in changes to the cost of hire.
12. USE WITH OTHER EQUIPMENT
12.1
- It is the hirer’s responsibility to ensure that equipment hired from or through Showlite is compatible with and may safely be used with any other equipment which the hirer intends to use. Neither Showlite nor its proprietors accepts any responsibility for any injury or damage or loss arising from failure to verify compatibility or as a result of any such incompatibility.
12.2
- The connection to our equipment of any items of equipment not owned by us is permitted. However the full cost of repairing any damage caused to our equipment by such connection will be charged to the hirer regardless of who is the legal owner of the non-Showlite equipment.
13. INSURANCE
13.1
- The insurance of all hired equipment against all risks whilst in the hirer’s possession is the hirer’s responsibility. This responsibility starts when the equipment leaves the Showlite or other suppliers premises and does not end until all equipment is returned to the respective suppliers premises. The value of any hired equipment for insurance purposes can be supplied if required.
13.2
- Where equipment is delivered, set-up, operated and removed by Showlite technicians it will still need to be insured by the hirer against theft vandalism or accidental damage.
14. EQUIPMENT OPERATION
14.1
- All equipment whether hired or purchased from or through Showlite should be set up and used by a competent person. Training and demonstrations can be arranged. Showlite may be available to carry out this work at our standard charge rates.
14.2
- Neither Showlite nor its proprietors accepts any responsibility for any injury or damage or loss arising directly or indirectly as a result of the incorrect or negligent use of any hired or purchased equipment or effects.
15. LEGAL REQUIREMENTS
15.1
- All legal requirements concerning the use of any hired or purchased effects or equipment must be complied with. This shall include but not be limited to the provision of suitable means to extinguish any fire resulting from the use or malfunctioning of the equipment or effects. Neither Showlite nor its proprietors accepts any responsibility for any action consequent upon non-compliance with such regulations. (See also Conditions 17 and 18)
16. CARRIAGE CHARGES
16.1
- A charge will be made for all deliveries and collections of equipment or goods involving journeys of 10 miles or more. For the current scale of charges see ‘Services’ on our home page.
16.2
- For journeys in excess of 50 miles travelling time may also be charged at a rate of £10.00 per hour.
16.3
- Any charges for delivery or collection of equipment made by our third-party suppliers will be passed on at cost.
17. REPRODUCTION OF RECORDINGS
17.1
- The purchase from us of any equipment capable of reproducing recordings in any form does not authorise the purchaser to reproduce such recordings if this will constitute an infringement of any copyright which exists in those recordings. By acceptance of purchased equipment the purchaser agrees that they will obtain at their expense all necessary licenses to reproduce such recordings before the equipment is used for that purpose.
17.2
- The hire from or through us of any equipment capable of reproducing recordings in any form does not authorise the hirer or the organiser of an event to reproduce any such recordings if this will constitute an infringement of any copyright which exists in those recordings. By acceptance of hired equipment the hirer or event organiser agrees that they will obtain at their expense all necessary licenses to reproduce such recordings before the equipment is used for that purpose.
17.3
- Requests for Showlite to play copyright recordings at an event must be made in writing by the event organiser.
17.4
- We will make available to the purchaser hirer or event organiser information concerning the need for licences and where these licences may be obtained. No further responsibility for any infringement of copyright or other laws concerning recorded works shall attach to the company or its proprietors.
18. USE OF RADIO EQUIPMENT
18.1
- VHF radio microphones hired from us operate on spot frequencies within the allocated licence exempt band. They cannot be changed.
18.2
- UHF radio microphones hired from us are capable of operating on a number of frequencies within channel 70 in addition to the allocated licence exempt frequencies. Operating them on any frequency within this band other than the licence exempt ones is ILLEGAL. Unless you are specifically informed otherwise all UHF radio microphones hired from us must be kept on the frequency set when the equipment is collected.
18.3
- Both the VHF and UHF licence exempt frequencies are open for anyone to use therefore interference-free operation of equipment at all locations cannot be guaranteed.
19. PORTABLE APPLIANCE TESTING
19.1
- All Portable Appliance Testing will be carried out according to the guidance available to us and as we understand that guidance to apply to our business.
19.2
- Where applicable at least the minimum recommended Portable Appliance Tests will be carried out on our hire stock at the recommended intervals. Full records of these Test Results will be maintained.
19.3
- Where applicable customer’s equipment which has been repaired by us will be similarly tested. Test results and Certificates of Test valid for the recommended period will be issued but copies of these results and certificates will not be kept by us.
20. CONFLICT OF CONTENT OR MEANING
20.1
- If any conflict of content or meaning or interpretation shall arise between any printed version of our Full Trading Terms and Conditions and those published on our Internet site then the version published on our Internet site shall take precedence.
21. ACCEPTANCE OF TERMS AND CONDITIONS
21.1
- An agreement whether written or verbal to proceed with work of any nature or the acceptance of any hired or purchased equipment or effects shall be deemed as complete acceptance of our Full Trading Terms and Conditions as set out above.
22. INTERPRETATION
22.1
- These Full Trading Terms and Conditions shall be interpreted according to English law.
