TERMS AND CONDITIONS

In these conditions;

(a) “The Company” shall mean Events Power Solutions, Holland Hill, Low Road, North Wheatley, Retford, Nottinghamshire, DN22 9DS.

(b) “The Customer” shall be that person or organisation purchasing or hiring the work or equipment to be supplied. Any person purporting to act on behalf of the Customer shall be bound by the contract.

(c) “The Work” shall mean the supply and / or installation of goods detailed in the quotation provided.

(d) “The Equipment” shall mean goods, materials, components, or other items hired or sold by Events Power Solutions or any part thereof.

(e) “The Premises” shall mean the customer’s property at which the work is to be carried out.

(f) “The Quotation” shall mean the price of the works set out prior to any work commencing.

(g) “Contract” and “Hire Contract”, “Order Confirmation” and “Order Acknowledgement” shall mean the contract between Events Power Solutions and the Customer for the hire of goods, installation of goods, and services to the Customer.

(h) 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.

(i) A reference to one gender includes a reference to all genders.

2.1. The terms and conditions by which the Company agrees to carry out the Works for the customer are contained in this document and shall apply to the exclusion of any other terms or conditions, unless expressly agreed otherwise in writing by the Company. Commencement of any work or of any deliveries pursuant to the accompanying Quotation shall in the absence of any written acceptance be deemed an unconditional acceptance by the Customer of these terms and conditions.

2.2.  Please read these terms carefully as these terms explain the rights and obligations the Customer shall have and shall govern the contract between the Customer and the Company to the entire exclusion of any other express or implied conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.

2.3.  Acceptance by the Company of any order is conditional on the Customer accepting that the contract will be governed solely by these terms. In particular, it is agreed that any Purchase Order or similar document from the Customer relating to the Company’s quotation is intended to accept these terms and the quotation; but is otherwise for the Customer’s own administrative purposes only.

2.4.  Communication by telephone, verbal instruction, email, or electronic messaging is legally binding providing that it is in conformance with these terms.

2.5.  Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, contract, order confirmation or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

2.6.  The opening or receipt of any documentation by the Customer referring to our Terms and Conditions indicates an acceptance of and agreement to them unless otherwise expressly rejected or disputed by the Customer and with direct reference to the offending clause or term.

3.1. Quotations issued by the Company are valid and open for acceptance within 28 days from the date of issue, unless stated otherwise in the quotation.

3.2.  The Customer may place orders for the full services as detailed in the quotation, or any specific parts of the quotation.

3.3.  When the Customer places multiple orders for parts of the Company’s quotation at different times these will be treated independently for the equipment and services as ordered.

3.4.  Orders issued by the Customer shall only bind the Company and the Customer when confirmed in writing by the Company.

3.5.  The Company will provide an order confirmation in writing to the Customer for each order as placed by the Customer for either the full equipment and services as per the quotation or detailing the specific elements of the equipment and services ordered from within the quotation. Where there are one or more partial orders from a quotation, the Company’s order confirmation will also detail the remaining equipment and services not yet ordered on any of the orders relating to the quotation, together with any remaining deadlines for receipt of order of particular elements where applicable.

3.6.  If conditions relating to the equipment, services, delivery, collection, quantity, price or payment terms or other matters stated in the Company’s order confirmation vary from the Customer’s order or acceptance of quotation and the Customer does not wish to accept the variations, then the Customer must notify the Company to that effect in writing within 5 days from the date of order confirmation. Failing which, the Customer shall be deemed to have accepted all the terms and conditions, which shall commit a binding commitment between the parties for the equipment and services as detailed in the order confirmation.

4.1. Verbal instruction or written confirmation of acceptance of a quotation shall constitute the forming of a contract.

4.2.  The individual warrants that they are duly authorised on the Customer’s behalf to enter into the contract and personally indemnifies the Company against all losses and costs that may be incurred by the Company if this is not the case.

4.3.  Where equipment is hired and the Customer has not been granted account facilities, one form of pictorial ID may be required prior to the commencement of the hire. The Company will only accept a valid driving licence or valid passport, a copy of which may be retained by the Company for the duration of the hire period.

4.4.  Where equipment is hired and the Customer has not been granted account facilities, a recent utility bill will be required to confirm the name and address as provided on the pictorial ID.

4.5.  New accounts are subject to trade references and / or payment with order.

5.1. All accounts shall be paid, without retention, in accordance with the terms stated in the quotation, whether the work is to be done to the satisfaction of third parties or otherwise but the right to demand payment at any time is reserved. 

5.2.  Where no account facilities have been granted to the Customer in writing, each payment must be made by the required payment date as specified in the Company’s quotation and / or Company order confirmation. Should the Company quotation and order confirmation not specify any payment date(s) then by default the following applicable payment terms apply:

a) 60% deposit to be received by the Company one month prior to the event.

b) 20% payable during the week of the build prior to the event.

c) The remaining balance due for all orders, excluding dry hires, must be received in full and no later than 14 days after the conclusion of the event. 

d) The remaining balance for dry hires must be received in full, in advance of, or at the time of collection.

e) Payment for fuel to be made 14 days after the completion of the event. A fuel bond may be required and will be detailed in the contract for the event. 

5.3.  Where account facilities have been granted to the Customer in writing, all invoices must be paid within the credit terms agreed within the Company invoice.

5.4.  Should the outstanding balance on the Customer’s account become overdue, the Company reserves the right to put all orders on hold and withhold goods and services until such a time as the account is settled and payment terms have been met.

5.5.  Where payments are not made under the contract by the due date for payment, then the Company reserves the right to charge interest at the rate of 8% above the Bank of England base rate on sums outstanding for the period from the date until payment. Such interest will accrue on a daily basis from the due date until actual payment of the overdue account. 

5.6.  Any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer.

5.7.  The Customer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding except as required by law.

5.8.  The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the customer.

5.9.  The Company does not commit itself to send statements of account, but normally does so on a regular basis. In the event that the Company does not within 30 calendar days of the date of a statement of account receive an objection in writing against its balance, the statement of account shall be deemed to have been conclusively accepted by the Customer, also with effect in respect of a subsequent dispute.

6.1. The prices quoted are based on the rate of wages, taxation and cost of materials, plant, and transport current at the date thereof and is open for acceptance for a period of three calendar months therefrom. The Company reserves the right to withdraw the Quotation after this period or charge the Customer any increases of such rates for a Quotation accepted after this period.

7.1. Unless otherwise stated in the Company’s order confirmation, all prices exclude VAT.

7.2.  The rate of VAT applied will be that appropriate at the time of invoicing. If there shall be any variations in the applicable rate of value added tax after the date of the quotation, the rate changes charged shall be adjusted accordingly.

8.1. The Customer shall ensure that the use to which the Works are to be put does not contravene any local or national laws, bye-laws or regulations or planning consents for the time being in force and will indemnify the Company against any such contravention.

9.1. All materials supplied by the Company remain its property until paid for in full by the Customer. Until this time they may be removed by the Company or its agent at any time. Notwithstanding the foregoing that the Customer shall accept responsibility for and shall carry the loss arising from damage to the Company’s materials however caused.

9.2.  All equipment hired to the Customer by the Company remains the sole property of the Company for the duration of the hire period and must be surrendered to a representative of the Company upon request.

10.1. The Customer shall assume complete responsibility and be liable for loss of or damage to the equipment (excluding fair wear and tear and loss or damage to the equipment arising from a mechanical failure due to a fault within the equipment itself) from the time that the Customer takes receipt of the equipment to the time that the equipment is collected by the Company or transported or returned by the Customer to the Company’s premises and returned to the physical possession of the Company. Any unattended equipment must be kept in a secure environment.

10.2.  The Customer agrees to pay the Company the full replacement value of any equipment lost, stolen or damaged (without deduction for usage, wear, tear or age).

10.3.  The Customer shall insure the equipment in full against the above liability.

10.4.  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 this clause.

10.5.  The Customer shall not compromise or settle any claim without the express consent of the Company.

10.6.  In the case of equipment which is lost, stolen or damaged beyond economic repair the Customer shall pay a charge equivalent to the full daily hire charge together with any consequential loss until the equipment is replaced.

10.7.  For all dry hires and assisted dry hires the Company will request a copy of the Customer’s hired-in insurance cover note for evidence of insurance cover arrangements prior to being able to accept an order.

11.1. The Customer’s responsibility for the equipment commences on receipt of the equipment by the Customer or his/her agent or on delivery and ends when the equipment is returned to the Company’s physical possession.

11.2.  The Customer shall not at any time sell, dispose, or otherwise part with control of the equipment to any third party or attempt to do so.

11.3.  The Customer shall be responsible for obtaining all necessary licences and other permissions whatsoever for the performance of the Contract.

11.4.  The signatory to the hire contract and the Customer jointly and severally undertake with the Company that everyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in the possession of necessary instructional material and further will not allow the equipment to be misused.

11.5. 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 hire, use, non-use, repossession, collection, return or non-return of the equipment.

11.6.  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.

15.1. All materials used are guaranteed to be free from defects which render them unsuitable for the purpose for which they are manufactured, provided that such materials are installed in accordance with the Company’s current recommendations at the time and are subsequently used under normal and reasonable conditions. The Company’s liability hereunder is limited to the supply and/or fixing of new materials by the Company free of charge and no liability is accepted for any consequential loss or damage whatsoever.

16.1. Although the Company 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.

16.2.  For the purposes of this contract, a “Force Majeure Event” means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, insurrection, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, unusual inclemency of weather, flood, storm, epidemic, pandemic or default of suppliers or subcontractors.

16.3.  The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this contract as a result of a Force Majeure event.

17.1. If the Customer, whether that be an individual, firm or partner in the Customer is the subject of a petition for a bankruptcy order or an application for an interim order under Part 8 of the Insolvency Act 1986, or if the Customer has a receiver appointed in respect of all or any part of its assets, or is the subject of an application for an administration order of any proposal for a Voluntary Arrangement under Part 1 of the Insolvency Act 1986, or enters into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction, or if the Company reasonably believes that any of the above events is about to occur, then the Company shall be entitled immediately, and at any time thereafter, to terminate forthwith any contract or any unfilled part thereof.

18.1. The Company will hold information about its customers on file, both written and electronically. This information will comprise of customer contact information, event specific information, account details, quotation information and any other relevant details relating to the products and services that customers request from the Company either verbally or in writing.

18.2.  The Company will process your information in line with the Company Privacy Policy, available on request.

19.1. The Company’s liability for any defect in the equipment supplied shall be limited and in no case exceed:

a)  Any manufacturer’s warranty sold with the equipment; or if there shall be none;

b)  The total hire cost of the equipment hired from the Company.

19.2.  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 or incompatibility, or unlawful repossession of the equipment or any part thereof or any breakdown or stoppage of the same.

19.3.  The Company will not be responsible for any non-fulfilment of contract, or for any goods or services booked from a third party, but every reasonable safeguard is assured.

20.1. 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 insolvency of the Customer is, in the reasonable view of the Company, in doubt.

20.1.1 Such termination shall not affect the right of the Company to recover from the Customer any monies due under this contract, interest, consequential loss, or damages for breach.

20.2.  The Customer hereby authorises the Company to enter any property upon which the Company reasonably believe any equipment to be and the Company in their absolute discretion may recover and remove the equipment.

20.3.  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 details of which are in the possession of the  Company.

21.1. 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 provided by the Company or in the services provided, and where such defect is caused by the negligence of the Company.

22.1. 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.

22.2.  If any provision of the contract which is held by a competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable, and the other provisions of the contract and the remainder of such provision shall not be affected.

22.3.  The Company reserves the right to use photographic equipment at events where it supplies equipment and/or services for the purposes of obtaining photographs and video footage of the Company equipment and/or crew in use/work, which may be used on the Company website and/or for advertising and marketing purposes. The Company will restrict its usage of such photographic equipment when provided prior to the event start date, and in writing, with any legal documentation or artist contractual clauses that detail the prohibition of such equipment.