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D.A. Audio Terms and Conditions

 

1. For the purpose of these conditions “The Company” shall be deemed to refer to “DA Audio” and “The Customer” to any company, partnership or individual who shall enter into any agreement with “DA Audio ” which under the terms of English Law might be defined as a Contract. The “Equipment” shall mean goods, components and other items hired or sold by the Company. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever. “Interest” shall mean interest calculated at the rate of 4% above the base rate from time to time of Barclays Bank PLC.

 

2. 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.

 

 

3. All orders accepted by the Company shall be deemed to be accepted, on condition that these Terms & Conditions apply. The Customer shall be deemed to have accepted the Company’s Terms & Conditions on acceptance of a quotation or payment of deposit.

4. The prices quoted in respect of any order accepted by the Company are correct at the time of acceptance but are subject to any variation caused by increase in suppliers’ prices and/or carriers’ prices and/or import levies and further to the effect of any fluctuation in value of any foreign currency or of the Pound Sterling that may effect the Company or such suppliers or carriers as aforesaid and the Company reserves the right to pass on any increase in price resulting from such factors. Where the price 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 of goods.

5. Rights reserved - Any failure by the Company to enforce any or all of these conditions shall not be construed as a waiver of any of the Company’s rights hereunder.

6. Copyright - The Company notifies the Customer that playing or showing copyright right material in circumstances where the Customer or anyone authorised by him does not hold the appropriate Licence of the copyright holder that he will infringe copyright and may become liable in damages for so doing.

7. 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.

8. If any term in this Contract shall be held invalid such invalidation shall not affect the validity of the remaining terms.

9. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer.

10. The Company can accept no variation in these Terms & Conditions unless such variation is made in writing by an authorised representative of the Company.

 

top of pageTerms and Conditions of Hire

11. All Equipment hired remains the property of the Company. The Customer shall not at any time sell, hire, dispose of or otherwise part with control of the Equipment or attempt to do so.

12. Hire Charges are based on the period of the Contract irrespective of whether or not the Equipment is in use. Equipment returned late to the Company will be charged at the full daily hire rate together with consequential loss in the event of Equipment not being available for use by the Company and / or other Customers. Hire commences upon delivery to the Customer and ceases upon return (Equipment must be in clean and good condition and fully working order) to the Company.

13. The hire period commences at 2 pm on the date specified in the Contract and continues for the period specified in the Contract and terminates at 12 noon on the return date specified in the Contract. Equipment must be returned by this time in clean and good condition and in fully working order.

14. The Company 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 the Company.

15. The Customer will be responsible for advising the Company as to the location of the hired Equipment during the period of hire and any changes in such location. No Equipment hired from the Company may be taken outside the mainland of Great Britain, nor to any offshore island nor to any foreign country without the written consent of the Company.

16. The Customer will be responsible for ensuring that any relevant regulations, rules or statutory provisions governing, or relating to, the use of the hired Equipment are complied with during the period of hire and the Company in no way assumes liability for the consequences of any non-compliance with any such regulations, rules or statutory provisions.

17. The Customer undertakes to ensure that the Company’s Equipment shall not be used for any purpose beyond its capacity or in any manner likely to result in undue deterioration of the Equipment. The Customer must ensure that everyone who uses the Equipment has been properly instructed in its safe and proper operation and the customer will not allow the Equipment to be misused.

18. Equipment will be supplied to the Customer in normal working order. The Company’s liability for any defect or failure of the Equipment hired is limited to the rectification of any defect or failure arising from normal usage. The Company provides spare lamps and fuses where appropriate. Any lamps and fuses replaced by the Customer must be returned with the Equipment and in default their full replacement cost will be charged. All cables must be returned coiled and taped and in default a charge of £2.00 per cable will be made.

19. Equipment hired must not be altered by the Customer or modified in any way. In particular, cables must not be cut, also plugs and sockets must not be rewired by the Customer. Any Equipment found to have been modified or in any way altered, and any cables or components found to have been damaged by cutting or attempts at modification will be charged at replacement price upon return. The Customer shall be responsible at all times for the availability of a proper supply of electricity for use with the Equipment and for ensuring that the Equipment is properly earthed at all times.

20. Any damage to, or failure of, or defect in any hired Equipment must be notified to the Company within 24 hours of its occurrence and in writing in 3 days.

21. The Customer must ensure the Equipment remains in clean and good condition and fully working order for the duration of the hire period. Any Equipment returned by the Customer that is damaged and/or dirty will be treated as still on hire until it can be repaired and/or cleaned. Equipment returned damaged or dirty to the Company will be charged at the full daily hire rate together with consequential loss in the event of Equipment not being available for use by the Company and / or other Customers. The Customer will be charged at a rate of £40 per hour for the repair and £25 per hour for cleaning of any Equipment that is soiled by unreasonably dirty conditions at the venue. The same repair rates will be charged for Equipment that is scratched or gouged whilst in the care of the Customer. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from the Company.

22. 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 the Company within 24 hours of its occurrence and in writing in 3 days.

23. Any damaged or unsatisfactory Equipment must be returned to the Company premises for examination at the Customer's cost.

24. The Customer is responsible for ensuring that adequate security is provided at the venue at all times. In the case of Equipment which is lost, stolen or damaged beyond economic repair the Customer shall pay a charge at the full daily hire rate together with interest and consequential loss until the Equipment is replaced. The Customer is responsible for insuring Equipment against “all risks” to full replacement value. Any loss or damage to the Equipment is to be reimbursed to the Company by the Customer to the full replacement value thereof.

25. 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 the Company on demand to the extent that any such payment is due under the preceding clauses. The Customer shall not compromise or settle any such claim without the express consent of the Company.

26. The Company 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 the Company, in doubt.

27. The Customer hereby authorises the Company to enter upon any property upon which the Company reasonably believes any Equipment to be. The Customer further authorises the Company, at its absolute discretion, to recover and remove such Equipment.

28. If agreed hire charges are not paid on the due date then the Company reserves the right to repossess the hired items and will not be liable for any damages or loss which may be suffered by the Customer as a consequence of such repossession.

29. In the event of Equipment ordered not being available for hire through circumstances beyond the control of the Company, the Company reserves the right to substitute Equipment of similar quality for all or part of the duration of the hire.

30. Before issuing any Equipment for hire, the Company may require a deposit from the Customer, which may be any sum up to the full replacement cost of the Equipment hired. This deposit will be returned to the Customer on the safe return of the Equipment in clean and good condition and full working order. The Company will endeavour to inspect returned Equipment in the presence of the Customer but where this is not possible the Company may take up to 7 working days to ensure returned hire items are in clean and good condition and full working order; in such cases the deposit will be reimbursed shortly (normally 24 hours) after the return of the Equipment and the Customer will be notified within 10 working days of any damage sustained by the Equipment while in care of the Customer. Therefore even if the Company reimburses a deposit the Customer may still be liable for repair and hire charges. The Customer will be charged for the repair of any damage so notified. Equipment returned to the Company in damaged or dirty condition will be charged at the full daily hire rate together with consequential loss in the event of Equipment not being available for use by the Company and/or other Customers until the equipment can be repaired and/or cleaned.

31. The Company may, at its discretion, require a prepayment up to the value of the full hire charge in advance. Such prepayments are non-refundable and forfeited in the case of cancellation or discontinuation of the order for whatsoever reason.

32. Orders accepted by the Company cannot be cancelled except with the Company’s consent. In the event of an order being cancelled by the Customer, the Customer will be liable for the full hire charge for the hire period as stated on the order.

 

top of pageTerms and Conditions of Sale

33. The Company’s 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; or c) at the Company’s discretion a refund of the price. The Company accepts liability for any goods sent for repair only while they are on the Company’s premises or in transit under the Company’s control.

34. Passing of property to the Customer: the risk in the equipment passes on delivery but beneficial ownership shall remain with the Company until full payment is received. Legal title to the equipment shall remain with the Company until such time as the Company has received payment of the price of the equipment and of the price of any other equipment previously or subsequently supplied to the Purchaser, whereupon title will pass to the Purchaser. The Purchaser may exercise its right to sell the equipment as the fiduciary agent of the Company in the usual course of business but such right shall automatically cease if a receiver, liquidator, manager or administrator is appointed over the assets, undertaking or property of the Purchaser.

35. 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 the Company, the Customer’s solvency is in doubt the Company may (without prejudice to any of the Company’s other rights) recover or resell the Equipment and may enter upon the Customer’s or any third party’s property for that purpose.

36. Receipt of sale equipment: 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 the Company’s carrier.
 

37. 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 (Transaction Note) and the Customer shall give written confirmation to the Company within 3 days of delivery. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by the Company unless this condition is observed. This condition does not affect the statutory rights of the Customer.

 

top of pageTerms and Conditions of Hire and Sale

38. The signatory to the Contract warrants that he is duly authorised on the Customer’s behalf to enter into the Contract and hereby personally indemnifies the Company against all losses and costs that may be incurred by the Company if this is not the case.

39. The Customer will at all times fully indemnify the Company 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.

40. Nothing in the above clause shall affect the statutory rights of the Customer or purports to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977

41. The Customer shall be responsible for ensuring that any Equipment hired or bought is suitable for their purposes.

42. Any claims for non-delivery or delivery discrepancy should be notified to the Company within 24 hours of its occurrence and in writing in 3 days.

43. The Customer hereby authorises the Company (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to the Company arising under a breach of these terms from any credit card, debit card or charge account the details of which are in the possession of the Company.

44. Payment is to be made by the date stipulated on the invoice. If the Customer fails to make payment by the stipulated date then, without prejudice to any other right or remedy available to the Company, the Company shall, at its discretion, be entitled to charge the Customer interest on the amount unpaid, until payment is made in full.

45. Any legal or other charges incurred in the recovery of money or Equipment shall be paid by the Customer.

46. Notwithstanding any provision in these terms of business to the contrary the Company reserves the right to require payment at any time before the due date of payment whether before or after dispatch of equipment.

47. All charges are payable on demand.

48. Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date.

49. Where no such facilities have been granted payment will be with order or where previously agreed on delivery.

50. The Company will use its best endeavours to supply the equipment/service by the date and time specified at the time of acceptance of an order but can give no guarantee that the delivery date/time will be met and can accept no responsibility for any consequence of its inability or otherwise to meet the said delivery date/time. The Company will accept no penalty for late delivery/service that arises through the fault of any third party involved.

51. No information or data contained in any of the Company’s catalogues or price lists shall be deemed to constitute any part of a Contract of hire or sale, such information being for the purpose of general description only.

52. Consequential losses: nothing in these terms and conditions shall make the Company 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.

53. The Company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the equipment for hire or sale, or in performing any of the Company’s other obligations, due directly or indirectly to any cause of whatsoever nature, outside the reasonable control of the Company, including, but not limited to, act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, tempest, epidemic, quarantine restriction, strikes or other industrial disputes, lock-outs, freight embargoes, unusually severe weather, shortage of raw materials or energy supplies, transportation delays, the failure of sub-contractors or suppliers to perform, and acts or omissions of the Customer.

54. Value Added Tax will be charged at the current rate at the date of dispatch/hire which is the tax point.

55. All times quoted or stated for delivery are approximate only.

56. Hire charges or sales prices do not include carriage. Any expenses incurred by the Company in delivery or recovering Equipment or attempting the same will be paid by the Customer.

57. Where carriage charges are quoted by the Company such charges will include only for the time to load or unload alongside the Company’s vehicles at the address specified by the Customer. Further time or attendance will be paid for by the Customer.

58. Headings contained in this contract are for reference purposes only and should not be incorporated into this contract and shall not be deemed to be of any of any indication of the meaning of the clauses to which they relate.

 

 

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