The following expressions shall have the following meanings:
1.1 “Company” means Active Discos of 24 Ashcroft Road Banbury Oxon OX16 9DU
1.2 “Client” means any person who purchases Services from the Company;
1.3 “Equipment” relates to the items as supplied by the Company;
1.4 “Hire” means the temporary use of the Equipment;
1.5 “Hire Date” means the date when use of the equipment is required;
1.6 “Booking Form” means the booking page https://activediscos.co.uk/disco-equipment-hire-booking-form/ where details of the Engagement are supplied by the Client to the Company
1.7 “Services” means the company services as described in the Website;
1.8 “Technician” means the individual used by the company for setting up or dismantling the equipment;
1.9 “Booking Deposit” means the monies due to the Company from the Client for hiring the equipment;
1.10 “Equipment Hire Fee” means the monies due to the Company from the Client for hiring the equipment;
1.11 “Security Deposit” means the fee paid by the Client to the company as partial or full payment for hired equipment either lost, stolen or damaged occurring during the clients period of hire;
1.12 “Identification” means the documents supplied by the Client to allow hire of the equipment;
1.13 “Agreement” means the contract between the Company and the Client for the provision of the Services incorporating these Terms and Conditions;
1.14 “Website” means www.activediscos.co.uk, and is the place where the Services and Hire Fee is described
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Company to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Company.
2.3 These Terms and Conditions shall be attached to any Equipment Hire Form and signed and returned to the Company by the Client.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 All hired equipment remains the absolute property of Active Discos.
3 BOOKING PAGE
3.1 The Booking Page https://activediscos.co.uk/disco-equipment-hire-booking-form/ is linked to these Terms and Conditions.
3.2 Upon accepting these terms and conditions and submitting the booking page the Company will confirm acceptance in writing and must be accepted by the Client in its entirety.
3.3 The Agreement between the Company and the Client, incorporating these Terms and Conditions, shall only come into force when the Company confirms acceptance in writing to the Client.
3.4. It is the client’s responsibility to enter the correct information relating to the engagement. The Company will not be held liable for any errors made by the Client when submitting the information relating to the engagement to the Company.
4.1 The Services are as described in the Website.
4.2 Any variation to the Services must be agreed by the Company in writing.
4.3 The Services shall commence and finish on the dates and times specified on the Equipment Hire Form unless terminated according to the terms of this Agreement.
5 PRICE AND PAYMENT
5.1 The Equipment Hire Fee and Booking Deposit are as specified in the Website and are inclusive of any other charges as outlined in that document.
5.2 The Booking Deposit is due to the Company from the Client no later than 14 days from the confirmation of the hire of the equipment.
5.3 The Equipment Hire Fee is due to the Company from the Client no later than 14 days before the Hire Date.
5.4 If the Client is unable to pay the Company before the Hire date the Client shall pay the Technician the Equipment Hire Fee and/or Booking Deposit at the Delivery Time of the Equipment Hire unless otherwise agreed in writing by the parties and such payments should be made in cash. Under no circumstances will the Technician begin assembly of the equipment without payment in full for both Equipment Hire Fee and Booking Deposit.
5.5 If the Client fails to pay the Equipment Hire Fee in advance of the Hire Date then the Company has the right to cancel the Equipment Hire without penalty and the Client will forfeit any other monies paid previously, and remain liable for any cancellation fees due in terms of this Agreement.
5.6 The Booking Deposit is non-refundable unless the Equipment Hire is cancelled by the Company in which case the Company will return the Booking Deposit to the Client in full.
5.7 The Company is entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Company is late.
5.8 The Client is not entitled to withhold any monies due to the Company.
5.9 The Company is entitled to vary the price to take account of:
5.9.1 any additional Services changes requested by the Client which were not included in the original Equipment Hire Form;
5.9.2 any increase in hourly, daily or set rates;
6.1 In the event that the Client cancels the Equipment Hire they will be liable to pay cancellation charges as set out on the Equipment Hire Form.
6.2 The Client must notify the Company immediately of any cancellation in writing.
6.3 The Company may not under any conditions cancel the Equipment Hire unless due to Force Majeure or illness. In such cases, on provision of reasonable proof, the Company will not be held in breach of contract by the Client.
6.4 If the Company cancels the Equipment Hire and a replacement Hire cannot be supplied any Equipment Hire Fee or monies paid in advance by the Client must be repaid in full, within fourteen days of the cancellation.
6.5 If a Hire has been confirmed and the Technician arrives to find another Equipment Hire has been booked by the Client, or any other persons, then the Client will remain liable for any cancellation fees due in terms of this Agreement.
6.6 The Technician, at his discretion, reserves the right to refuse delivery of equipment if the power provided is not capable of operating the equipment without risk of damage to the equipment, company or the public, or if the working environment constitutes a health and safety risk including the positioning of equipment in an open space or in a place without adequate flooring and covering to protect from rain and rising damp, moisture etc regardless of the immediate weather conditions.
7 CLIENT OBLIGATIONS
7.1 The Client agrees to cooperate with the Company as may be required.
7.2 The Client is responsible for supplying personal identification as set out in the Equipment Hire Form
7.3 The Client shall provide a suitable performance area for the Technician to assemble the equipment and ensure there is an adequate power supply which meets industry standards.
7.4 The Client agrees to treat the Technician politely and in a professional manner.
7.5 The Client must hold adequate insurance policies and is responsible for obtaining any Licenses that may be required in respect of the Equipment Hire.
7.6 The Client must ensure the venue will allow the Technician adequate access time for the setting up and taking down of any equipment.
7.7 The Client is responsible for any damage (normal wear and tear excluded) to equipment (sound/lighting/music equipment) caused by anyone in attendance at the event during the contracted time period,including the time allowed for setting up and packing away. The full retail cost of any repairs or replacements required will be charged to the Client who will be advised of damages, no more than 7 days after the hire date.
8 COMPANY OBLIGATIONS
8.1 The Company shall supply the Equipment and Services as specified in the website.
8.2 The Company shall supply Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3 The Company shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Client.
8.4 The Company will supply a Safety Manual and Basic Operating Instructions for the Equipment Hire.
8.5 The company will supply Public Liability Insurance for the protection of the public against damage caused to the public by the company, Technician or equipment and not by any action of the Client or anyone in attendance who may cause any such damage to themselves or others which may include, but is not restricted to them being under the influence of alcohol or other substances.
8.6 All Equipment supplied by the company and more than 12 months from purchase date will be Portable Appliance Tested.
8.7 The Company operates a complaints procedure, complaints should be sent in writing only by the Booking Client, and addressed to P Johnson and posted to the address listed on the website.
9 CHANGES TO HIRE SCHEDULE
9.1 In the event that the Client cancels an Equipment Hire they will be liable to pay cancellation charges as set out on the Equipment Hire Form.
9.2 Any changes to the Equipment Hire will be subject to these Terms and Conditions.
9.3 If changes are required to the Equipment Hire on the day of the Hire these changes should be discussed with the Company where possible, otherwise agreement should be reached between the Client and the Technician.
9.4 If the Technician arrives at the delivery address at the time and date set out in the Equipment Hire Form and is unable to commence delivery or collection of equipment due restricted access, over running or any other reason deemed not to be the fault of the Company, the Client will be held liable for all time spent waiting at the rate of £25.00 per half hour.
9.5 If the Technician arrives at the delivery address at the time and date set out in the Equipment Hire Form and is requested by the Client or any other third party to return at a later time within the hire period the Client will be liable for a £50.00 rescheduling fee.
9.6 If the Technician arrives at the delivery address at the time and date set out in the Equipment Hire Form and is requested by the Client or any other third party to return at a later time outside the hire period the Client will be liable for a £50.00 rescheduling fee and a full days Hire Fee for each additional day of hire.
10.1 The Agreement shall continue until the Hire has been provided in terms of the Equipment Hire Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.2 The Client may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
10.3 The Company may terminate the Agreement if the Client has failed to make over any payment due within 4 weeks of the sum being requested.
10.4 Either party may terminate the Agreement by notice in writing to the other if:
10.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.5 In the event of termination the Client must make over to the Company any payment for work done and expenses incurred up to the date of termination.
10.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
12 LIMITATION OF LIABILITY
12.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Company in the insurance year in which the Client’s claim is first notified.
13.1 The Client shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
14 FORCE MAJEURE
14.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
15.1 The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.
16 THIRD PARTY RIGHTS
16.1 Nothing in these Terms and Conditions intend to or confer any rights on a third party.
17.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
19.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Equipment Hire Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20 ENTIRE AGREEMENT
20.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
21 GOVERNING LAW
21.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.