MAC Productions Sound & Lighting Ltd Terms & Conditions
Section A General Terms & Conditions
The following from clause 1 through clause 18, are the Standard Terms and Conditions of Business for MAC Productions Ltd for the provision of its goods and services.
In booking MAC Productions Ltd to provide goods or services, both parties must agree to be bound to the terms and conditions of MAC Productions Ltd, and any additional enclosures annexed to these conditions or any variations given and agreed in writing (see clause 18), herein.
1. Definitions In this Agreement:
“Agreement” means the obligations and duties contained herein and the enclosures annexed hereto; “Charges” means those outlined in the enclosure annexed to this Agreement; “Confidential Information” means all financial, business, technical or other data and all other information (whether written, oral or in electric form or other media) concerning the business affairs of a party that the other party obtains, receives or has access to as a result of the discussions leading up to the entering into or the performance of this Agreement; “Deposit” means the sum of 50% of the amount to be invoiced for the goods or service or such other sum as may be agreed ,which shall be payable by you with the booking confirmation , pursuant to Clause 6.1 and any Enclosures annexed hereto. “Commencement Date” means the date on which the equipment is delivered to or made available for collection by the Hirer; “Interest” means 4 per cent above the Bank of England base rate (see Clause 6.6) “Equipment” means any equipment hired by MAC Productions Ltd, including any replacement or substitute equipment and all accessories and additions and renewals; equipment to include but not limited to all accessories (such as IEC mains cables), cases, manual’s, labels and packaging. “In writing” means a letter in writing or an electronic transmission such as an e-mail. “Hire Period” means the period of hire specified in the schedule and beginning on the Commencement Date; “The Hirer” means any company, partnership or individual who shall enter into any hire agreement with the Company; “Insolvency Act” means the Insolvency Act 1986 or any modification, amendment, consolidation, re-enactment or replacement of it; “Greater Force” means any event or cause happening to prevent either Party performing its obligations which arise from or is attributable to acts, events, omissions or accident beyond the control of either Party. “Rentals” means the rentals to be paid by the Hirer to the Owner details of which are set out in the schedule; “Requested Delivery Date” means the date specified in the schedule as being the date requested by the Hirer upon which the Equipment is to be available for delivery or collection; “Services” means any services hired by the Company to the Hirer, including any replacement or substitute services and all incidental services and additions and renewals; “Industry coiled cable standard” means a standard set by the sound & light industry. Every cable without the drum mounting feature, must be coiled with no twists or tangles, and must be taped in an appropriate location around the cable to ensure that it does not come uncoiled, thus resulting in entangling with adjacent equipment or other cables.
2. Duration of Agreement This Agreement shall last until the completion of the agreed service from the date hereof.
3. Entire Agreement
3.1 This Agreement constitutes the entire Agreement and understanding between you and MAC Productions Ltd and supersedes any previous agreement between you and MAC Productions Ltd relating to the subject matter of this Agreement.
3.2 Each of the Parties acknowledges and agrees that in entering into the Agreement it does not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement as a warranty. The only remedy available to a party for breach of warranty shall be for breach of contract under the terms of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
3.3 Your booking of MAC Productions Ltd services is deemed acceptance of the terms and conditions of the Agreement and shall apply irrespective of any further standard terms and conditions that may appear on any other form you submit.
4 Our Obligations
4.1 We shall, upon payment of the Deposit (if any), pursuant to Clause 6, undertake to perform the following: – 4.1.1 To use our reasonable endeavours to provide you with goods and services for your event/function. 4.1.2 to immediately notify you in the event of any change in circumstances (to include but not limited to operation of law) that renders the performance or completion of our obligations under this Agreement temporarily or permanently impossible; 4.1.3 Use our reasonable endeavours to ensure that the equipment supplied is operational.
4.2 In the event that the equipment and/or services, become temporarily un-useable or unavailable (other than as a result of accident, damage, theft or vandalism), we will make available replacement equipment and/or services (not necessarily of the same type and age) as soon as practically possible
.5. Your Obligations You warrant that you:
5.1 Will pay all reasonably incurred charges in full and VAT or any similar tax (if applicable) as and when they become payable in accordance with Clause 6 herein
5.2 will immediately notify us in the event of any change in circumstances (to include but not limited to operation of law) that renders the performance or completion of our obligations under this Agreement temporarily or permanently impossible;
6.1 You agree to the payment of the deposit (if due or required). Such sum is not refundable within 48hours of the booking date but shall be deducted from the monies due to us under Clause 6.2 below;
6.2 You agree to pay the total sum as stated in the Quotation for our services under this Agreement, minus any deposit you have paid and you further agree to pay all reasonable extra charges, in addition to the aforementioned sum, incurred by us in fulfilling our obligations to you under this Agreement. Such monies shall be paid to MAC Productions Ltd as cleared on or before the 30th day after the date shown on our invoice.
6.3 Any additional equipment/crew/transport ordered after receipt of order confirmation whether in writing or verbally shall incur relevant additional charges as per our normal charging structure (i.e. book rate) which shall, at all times, be payable by you
6.4 In the event that we do not receive cleared funds on or before the day shown in clause 6.2, we reserve the right to employ the services of a debt recovery agency who’s costs will be added to the final settlement figure.
6.5 We reserve the right to amend, upon giving one month’s notice, the price of services supplied in line with market rates for such service and you agree that it is reasonable for us to do so
6.6 Should you fail to make a payment by the day shown in clause 6.2, you shall pay interest, weekly, less any discount originally included in the booking, thereon.
7.1 Should you cancel your event/function:- 7.1.1 after having formally confirmed the event (i.e. booking confirmation form has been signed and returned, or you have supplied us with an official purchase order or any other form of written confirmation) then the amount of 15% of the full fee shall become due and payable (less any deposit already paid), immediately, pursuant to Clause 6 herein – unless mutually agreed otherwise. 7.1.2 within 48 hours of the date of the booking, the full fee for the event/function shall become due and payable, immediately, pursuant to Clause 6 herein.
8.1 Except as provided in this Clause 9, neither party shall be liable to the other, whether in contract, tort or otherwise loss or damages which are: a) Not the fault of the other party; b) Indirect and/or not reasonably foreseeable c) Loss of business, profits, savings, revenue, or goodwill whether caused to the other party through any breach of this Agreement or any matter arising under it.
8.2 In respect of any liability of MAC Productions Ltd it is agreed that this is limited to the Agreed fee to be charged pursuant to Clause 6.2, the Parties, herein, agree that it is reasonable to do so
8.3 Neither Party excludes liability for negligent acts or omissions causing death or personal injury to any person.
At our discretion, you agree to indemnify us in respect of all reasonable incidental or extra costs being (to include, but not limited to, any excess payable pursuant to any claim upon our insurance policy, or theft and damage to equipment and damage or liability to Third Parties arising from the performance or part performance of this Agreement).
10.1 We agree to obtain and maintain in force with a reputable Insurance Company, or a Lloyds Underwriter, all necessary insurance policies in which to fulfil our obligations arising under this Agreement.
10.2 We shall undertake to do nothing to invalidate such insurance policies and such policies will be at all times, paid up to date during the duration of this agreement.
11. Greater Force
11.1 For the purpose of clarity such acts, events, omissions or accidents are, but are not limited to, acts of God, war, hostilities (whether war declared or not), invasion, act of foreign enemies, terrorism (National and International), sabotage, riot, explosion, storm, flood, disease, or other natural disaster, Governmental control, restrictions or prohibitions or any other Governmental act or omission whether National or international, and industrial disputes of any kind.
11.2 If either Party is prevented or delayed in the performance of its obligations under this Agreement by Greater Force, that Party shall immediately or as soon as reasonably practicable, serve notice in writing upon the other Party, specifying the nature and the extent of the circumstances giving rise to the Greater Force and shall, upon giving this notice, suffer no liability in respect of its performance of its obligations under the Agreement, such that the performance of the obligations are prevented by Greater Force, during the continuation of the Greater Force events and for such time after they cease is as necessary for the affected Party, using reasonable endeavours to recommence it performance of its obligations;
11.3 Any Party claiming to be prevented from the performance of any of its obligations under this Agreement by reason of Greater Force shall take all reasonable steps as are necessary to bring the Greater Force event to a close or find a solution by which the Agreement may be performed despite the continuance of the Greater Force event.
12. Termination Either Party shall be entitled to terminate the Agreement without liability by giving notice to the other at any time if:
12.1 That Party breaches any of these Terms and Conditions, provided that the breach is capable of remedy, the Agreement shall not be terminated unless and until the Party in breach shall have failed to remedy the breach within 14 days of such notice;
12.2 That Party makes any voluntary arrangements with its Creditors (within the meaning of the Insolvency Act 1986) or (being a Company) becomes subject to an administration order, goes into liquidation (otherwise for the purpose of amalgamation or reconstruction) or (being an individual) becomes bankrupt; or any Third Party takes possession or a receiver is appointed, over any of the property or assets of the other Party;
12.3 That Party ceases, or threatens to cease, to carry on business; or
12.4 That Party is affected by a Greater Force event as detailed in Clause 13 of this Agreement; or
12.5 If that Party reasonably apprehends that any of the events mentioned above is about to occur in relation to the other Party and notifies the other Party accordingly.
12.6 Termination of this Agreement or any part thereof shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuation in force of any provision of this Agreement which expressly or by implication is intended to come into or continue in force on or after such termination.
This Agreement is severable in that if any provision of this Agreement is determined to be illegal or unenforceable by any Court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement.
Any delay or failure to exercise a right or remedy arising under this Agreement or by operation of law does not constitute a waiver of the right or remedy or waiver of any other right or remedy. A waiver of a breach of terms or of default under this Agreement does not constitute a waiver of any other breach or default and shall not affect any other terms contained in this Agreement. Any such waiver of a breach or default under this Agreement shall not prevent a Party from subsequently requiring compliance with the waived obligation. The rights and remedies provided by this Agreement are cumulative and (subject as otherwise provided in this Agreement) are not exclusive of any rights or remedies arising under law.
15. No Partnership / Agency
Nothing in this Agreement is intended or shall operate to create a Partnership or joint venture of any kind between the Parties, or authorise a Party to act as Agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any warranty, representation, assumption of obligation or liability or the exercise of any right or power).
This Agreement shall be capable of being varied only by a written instrument signed by a duly authorised officer or representative of both Parties.
In this Agreement (except where the context requires); Any enclosures (as amended from time to time) shall form part of this Agreement and shall be construed and shall have the same force and effect as if it was set out in the main body of this Agreement, and any reference to this Agreement includes the Enclosures;
References in this Agreement to any Clause shall be deemed to be a reference to the enclosures of this Agreement; Use of the singular includes the plural and vice versa; Use of gender includes other genders; Any phrase introduced by the terms “including”, “include”, “in particular” or an similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and Any statement qualified by a reference to a Party’s state of knowledge belief or awareness shall be deemed to include an additional statement that it has been made after due and careful enquiry.
This Agreement shall be governed and construed in accordance with the Law of England. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
Section B Terms & Conditions for Engineered hire
These are the Standard Terms and Conditions of Business for MAC Productions Ltd for the provision of an Engineered Hire. You agree and acknowledge, in booking MAC Productions Ltd to provide an Engineered Hire, that at all times this Section B and the terms and conditions herein shall be read in conjunction with and form part of the General Terms and Conditions of MAC Productions Ltd (Section A), of which you hereby acknowledge receipt. For the avoidance of doubt, if there is a conflict between this Section B and the General Terms and Conditions (Section A) the provisions of this Section B shall prevail. Definitions explained in Section A, Clause 1
1. Basic terms of Hire of the Equipment and/or Services
1.1 The Company agrees to hire and the Hirer agrees to take on hire the Equipment and/or Services for the Hire Period on the terms and conditions of hire set out in these conditions.
1.2 The hire of the Equipment and/or Services commences on the Commencement Date and continues for the Hire Period subject to termination as provided by these conditions.
1.3 The Company shall use all reasonable endeavours to have the Equipment and/or Services available for delivery or collection on the Requested Delivery Date but the Company shall not incur any liability whatever in the event of any delay however caused.
2. Duration of Agreement
This Agreement shall last from receipt by us of the Booking Confirmation until the completion of the agreed service(s)
3. Our Obligations
We shall, upon payment of the Deposit (if any), pursuant to Clause 6 of Section A, undertake to use our best endeavours to perform the following:
3.1 to provide an engineered hire for your event/function as per the Booking Confirmation.
3.2 to provide all equipment and crew and to assemble and dismantle the same, using our best endeavours to cause as little disturbance as possible
4. Your Obligations
4.1 Further and in addition to the provisions of Clause 5 of Section A, you acknowledge and agree to: 4.1.1 to furnish us with all necessary information, to include, but not limited to, confidential information, that we may reasonably require for the administration and/or safety of our employees, agents or sub-contractors, and fulfilment of or obligations under this Agreement, your agreement to the supply of such information shall not be unreasonably withheld. 4.1.2 will pay all reasonably incurred charges in full and VAT or any similar tax (if applicable) as and when they become payable in accordance with Clause 6 of Section A 4.1.3 will acquaint yourself, any relevant persons and other parties, fully with all safety information provided by us to you. 4.1.4 will ensure that we have free and unrestricted access to the area where the equipment is to be set up and further, free and unrestricted access to and from the car park (if available) up to such area 4.1.5 when necessary, provide further load-off and load-in crew to assist us, you further agree that at all times the cost of such extra manpower will be borne by you 4.1.6 will ensure an adequate and safe electricity supply, sufficient and conveniently located power sockets to enable us to perform the agreed service
Payment shall be made pursuant to the terms of Clause 6 of Section A.
You hereby agree that if the duration of an event runs over the stated finish time by more than 30 minutes, you shall, at our discretion, pay to us a surcharge that will not exceed 10% of the event/function price for our continued service, per each extra hour or any part thereof, over and above this time;
Further to the provisions of Clause 8 of Section A, you further agree that time is not of the essence unless clearly agreed, in writing, between us upon the Booking Confirmation. Should you fail to agree this in writing with us, we will not accept liability for any loss suffered by you as a consequence thereof.