Terms & Conditions
1. DEFINITIONS AND LAW
1.1 “The Equipment” shall mean goods, components and other items hired or sold by Imagine Believe. Or any part thereof
1.2 “The Customer ”is the person, firm, corporate or public body hiring or purchasing the Equipment. Any person purporting to act on behalf of the Customer shall be bound by the Contract
1.3 “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.4 “Interest” shall mean interest calculated in accordance with Clause 4.1
1.5 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
1.6 “Work” includes all acts and labour expended or equipment used in the course of carrying out the specified quotation or project for The Customer
1.7 “Venue” means theatre club hall etc. and all other places where Imagine Believe is required to work hereunder.
1.8 “Quotation” means any document supplied in writing to the customer by Imagine Believe specifying the date time place or places equipment and price therefore of any work goods or services to be carried out or supplied by Imagine Believe.
2. HIRE TERMS
2.1.1 Hire charges commence from the date stated in the contract and are payable for the period of hire
2.1.2 Equipment must be returned by 12 noon on the date specified in the Contract in a clean and serviceable condition and the Customer must obtain the supplier’s receipt
2.1.3 Additional charges accrue at the full daily hire rate together with consequential loss in the event of the breach of these conditions or the equipment not being available for use by other customers
2.1.4 All cables must be returned coiled and taped and in default a charge of £2 per cable will be made
2.1.5 Imagine Believe. provides spare lamps and fuses with Equipment where appropriate. These and any lamps and fuses they replace must be returned with the Equipment and in default their full replacement cost will be charged
2.1.6 All charges are payable on demand
2.2 HIRE PERIOD
2.2.1 The hiring period commences at 1:00pm on the date specified in the Contract and continues for the period specified in the Contract and terminates at 12 noon on the last day of the hiring period
2.3 POWER TO ENTER THE CONTRACT
2.3.1 The signatory to the contract warrants that they are duly authorised on the Customer’s behalf to enter into the contract and hereby personally indemnifies Imagine Believe. against all losses and costs that may be incurred by Imagine Believe. if this is not the case
2.4 CUSTOMER’S RESPONSIBILITIES
2.4.1 The Customer’s responsibility for the Equipment commences on receipt of the Equipment by the Customer or his agent or on delivery and ends when the Customer is in possession of Imagine Believe’s unqualified receipt for the return of all the Equipment
2.4.2 The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so
2.4.3 The Signatory to the Contract and the Customer jointly and severally undertake with Imagine Believe. That everyone who uses the Equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the Equipment to be misused
2.4.4 The Customer will at all times fully indemnify Imagine Believe. 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
2.4.5 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
2.5 ELECTIRCAL EQUIPMENT
2.5.1 Any electrical Equipment should be used with plugs and/or sockets as fitted
2.5.2 If other plugs or sockets are to be fitted by the Customer such work shall be carried out by a competent person who shall also reinstate the same to the original condition prior to redelivery
2.5.3 The Customer shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed
2.6 EQUIPMENT MAINTENANCE AND REPORTING
2.6.1 The Customer shall ensure that the Equipment remains serviceable and clean during the hire period
2.6.2 Any breakdown or unsatisfactory working of Equipment shall be immediately notified to Imagine Believe
2.6.3 The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from Imagine Believe
2.6.4 Any damaged or unsatisfactory Equipment must be returned to Imagine Believe’s premises for examination at the Customer’s cost
2.6.5 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 Imagine Believe immediately
2.6.6 Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without prior consent of Imagine Believe
2.7 COMPATIBILITY OF EQUIPMENT
2.7.1 The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer
2.7.2 The Customer shall be responsible for ensuring that any equipment is suitable for their purposes
2.8.1 The Customer agrees to pay Imagine Believe the full retail cost of any Equipment lost stolen or damage beyond economic repair (without deduction for usage wear tear or age)
2.8.2 The Customer shall insure the goods against the above liability
2.8.3 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 Imagine Believe on demand to the extent that any such payment is due under this clause
2.8.4 The Customer shall not compromise or settle any claim without the express consent of Imagine Believe
2.8.5 In the case of Equipment which is lost stolen or damaged beyond economic repair the Customer shall pay a charge at the full daily rate together with interest and consequential loss until the Equipment is replaced
2.9 CONDITION OF RETURNED EQUIPMENT
2.9.1 The Customer is fully responsible for care safe keeping and return in good order of the Equipment
2.9.2 The Customer will reimburse all costs incurred by Imagine Believe in rectifying the condition of any Equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification
2.10 TERMINATION OF HIRE
2.10.1 Imagine Believe 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 Imagine Believe in doubt. Such termination shall not affect the right of Imagine Believe. to recover from the Customer any monies due under this contract interest consequential loss or damages for breach
2.10.2 The Customer hereby authorises Imagine Believe to enter upon any property upon which Imagine Believe reasonably believe any Equipment to be and Imagine Believe in their absolute discretion may recover and remove the Equipment
2.11 The Customer hereby authorises Imagine Believe (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to Imagine Believearising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of Imagine Believe
3. CONDITIONS AS TO SALE
3.1 RISK IN TITLE
3.1.1 The risk in the Equipment shall pass to the Customer immediately on delivery to the Customer at the address shown for delivery on the contract or if the Customer collects on collection
Property and title in the Equipment shall remain vested in Imagine Believe and Imagine Believe reserve the right to dispose of the Equipment until such time as the price shall have been paid in full
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 Imagine Believe the Customer’s solvency is in doubt Imagine Believe may (without prejudice to any of Imagine Believe’s other rights) recover or resell the Equipment and may enter upon the Customer’s or any third parties property for that purpose.
3.2.1 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 Imagine Believe’s carrier
3.2.2 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 and the Customer shall give written confirmation to Imagine Believe within three days of delivery
3.2.3 No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by Imagine Believe unless condition 3.2 is observed
3.2.4 This condition does not affect the statutory rights of the Customer
3.3.1 The price charged will be the price ruling at the time of delivery. Where this 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
3.4.1 Where account facilities have been granted to the Customer in writing all invoices must be paid within 30 days of invoice date
3.4.2 Where no such facilities have been granted payment will be with order or where previously agreed on delivery
4. CONDITIONS APPLICABLE TO BOTH HIRE AND SALE
4.1 PAYMENT AND INTEREST
4.1.1 Where payments are not made on the due date Imagine Believe will be entitled to interest on the amount that is overdue at Lloyds TSB PLC base rate prevailing for the period for which such monies are overdue together with 4% calculated on a day to day basis compounded with quarterly rests.
4.1.2 The payment of such interest shall be without prejudice to any other rights or remedies of Imagine Believe
4.1.3 Any legal or other charges incurred in the recovery of money or equipment shall be paid by the Customer
4.1.4 Notwithstanding any provision in these terms of business to the contrary the customer shall if required by Imagine Believe pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order
4.2.1 Imagine Believe’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 Imagine Believe’s option a refund of the price
4.2.2 Consequential losses – Nothing in these terms and conditions shall make Imagine Believe 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
4.2.3 Imagine Believe has endeavoured to ensure that its equipment is year 2000 compliant. However no liability whatsoever can be accepted by us in relation to year 2000 compliance where Third Party equipment is used in conjunction with Imagine Believe equipment and such Equipment directly or indirectly causes a failing of the Imagine Believe equipment.
4.3 FORCE MAJEURE
Although the Seller 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.
4.4 INJURY TO PERSONS AND DAMAGE TO PROPERTY
4.4.1 Subject to 4.2. above Imagine Believe 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 Imagine Believe
4.5 RIGHTS RESERVED
4.5.1 Any failure by Imagine Believe to enforce any or all of these conditions shall not be construed as a waiver of any of Imagine Believe rights hereunder
4.5.2 If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms
4.6 TERMS OF CONTRACT
4.6.1 These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
4.7. Delivery and Carriage
4.7.1 All times quoted or stated for delivery are approximate only
4.7.2 Hire charges or sale prices do not include carriage. Any expenses incurred by Imagine Believe in delivery or recovering equipment or attempting the same will be paid by the Customer
4.7.3 Where carriage charges are quoted by Imagine Believe such charges will include only for the time to load or unload alongside the Imagine Believe’s vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer
4.8.1 Imagine Believe notifies the Customer that playing or showing copyright material in circumstances where the Customer or anyone authorised by him does not hold the appropriate Licence of the copyright holder he will infringe copyright and may become liable in damages for so doing
4.8.2 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
4.9 We reserve the right to record and monitor telephone conversations for staff training and other purposes
5. CONDITIONS APPLICABLE TO CREWING AND PRODUCTION
5.1 Imagine Believe hires specialist crews to operate equipment supplied by Imagine Believe. It is preferable to use crews supplied by Imagine Believe because of their specialist knowledge and performance. Imagine Believe cannot accept responsibility for the standard of light and sound if the crew is not supplied by them.
5.1.1 If any person employed at the venue or by the customer is a member of a Trade Union or similar association Imagine Believe will be entitled to observe all rules or requirements of such Trade Union or similar association in connection with the work carried out hereunder and any additional expense to which Imagine Believe is put as a result shall be payable by the customer in addition to the sums payable hereunder.
5.1.2 The customer shall indemnify Imagine Believe against all loss costs claims damages and other sums payable by Imagine Believe due to the unsuitability of the venue or due to lack of control of audiences or the public attending the venue
5.1.3 The customer shall make all arrangements with the performers venue and any others concerned to ensure that rehearsals and work carried out hereunder can be made at the time and in the manner agreed between Imagine Believe and the customer
5.1.4 Imagine Believe will specify by quotation the equipment and personnel to be supplied and the customer shall ensure that the work to be carried out hereunder does not contravene any laws, bylaws, local national European Union or international working regulations (including but not limited to Health & Safety at Work provisions) both in United Kingdom or overseas at the venues booked by or on behalf of the customer. The Customer will be responsible for any extra expense loss or delay resulting from compliance with such laws or provisions.
5.1.5 The Customer appoints Imagine Believe as agent for the purposes of collecting any sum payable in respect of insurance policy effected either by or on behalf of the customer or any third party under which the customer may claim costs or damages for loss or damage to equipment belonging to Imagine Believe or personal injury sustained by an employee of Imagine Believe (or any person hired by Imagine Believe for whom Imagine Believe may be responsible) and the customer authorises Imagine Believe out of the sum received from such claim to deduct such loss or damage as Imagine Believe its employees or those persons for whom Imagine Believe is responsible may have suffered but this clause shall not restrict Imagine Believe from pursuing such claim by any other lawful manner and does not limit Imagine Believe’s claim to the sum so received.
5.1.6 Imagine Believe works to a set of standard working hours. Labour daily charges are based on a 12 hour call with appropriate breaks. Appropriate breaks is to be defined as one hour for a main meal, and two breaks of twenty minutes within each 12 hour call.
5.1.7 The Customer agrees to pay any overtime charges incurred as a result of any variation in schedule not made clear to Imagine Believe before the event.
5.1.8 Imagine Believe reserves the right to charge overtime to The Customer in increments of either half-day rates, or by the hour.
5.2 Imagine Believe cannot guarantee any sight lines.
5.3 The price set out in any quotation relates strictly to the equipment and crew specified therein or in any equipment schedule thereto. Imagine Believe is not responsible for any additional cost made necessary by the venue or place of entertainment such as unusual layout of equipment labour to operate venue’s equipment, supply or connection of electricity or any additional staff required as a result.
5.4 The customer must satisfy itself that the venue and power supply is sufficient to accommodate the equipment supplied by Imagine Believe and set out in any quotation.
5.5 Imagine Believe disclaim any liability for the non-arrival of equipment or crew due to the itinerary not allowing sufficient time for travelling between venues, bad weather or delayed trains ferries etc. beyond the control of Imagine Believe.
5.6.1 Imagine Believe reserve the right to claim any additional expenses properly incurred during the course of the work carried out by Imagine Believe but not covered by any quotation.
5.6.2 Any price quoted by Imagine Believe is based on the prices of services and commodities (hotel prices, meal prices, petrol, oil, parking, garage costs etc.) at the time of the quotation. Should these alter between the date of written acceptance by the customer and the commencement or during the work Imagine Believe will be entitled to charge the customer with the increase. Where work is carried out overseas and expenses are subject to fluctuation of exchange rates the additional costs will be borne by the customer.
7. CONDITIONS RELATING TO CANCELLATION, POSTPONEMENT OR BREACH OF AGREEMENT
7.1 If the customer cancels in writing work for which a quotation has been given by Imagine Believe and accepted by the customer (whether in writing or not):
7.1.1 Not less than fourteen clear days before the commencement of the work Imagine Believe will be entitled to charge one half of the price quoted. In addition Imagine Believe shall be entitled to payment for all costs and expenses incurred to that date in respect of the work quoted for. Any charges payable hereunder will become due and owing immediately on receipt of such cancellation.
7.1.2 Less than fourteen clear days before the commencement of the work is due Imagine Believe will be entitled to charge the whole of the charges quoted unless Imagine Believe is able to mitigate its loss by taking on work of a similar nature in lieu. Any charges payable hereunder will become due and owing immediately on receipt of such cancellation.
7.2 In the event off cancellation or breach of any agreement made under these terms after the commencement of the work any deposit or money paid hereunder shall be forfeited to Imagine Believe but without prejudice to any other rights and remedies of Imagine Believe in respect of such cancellation or breach.
7.3 In the event of delay postponement or abandonment as a result of any industrial dispute or any cause whatsoever beyond the control of Imagine Believe or the customer or in the event of outbreak of war or in the event of national emergency Imagine Believe shall be relieved of its obligations under this agreement notwithstanding any rights or remedies Imagine Believe may have in respect of work done to the date of such delay, postponement or abandonment.
7.4 If a performance is delayed postponed or abandoned Imagine Believe shall not be liable for any consequential or exceptional loss suffered or any sums payable by the customer as a result thereof and the liability of Imagine Believe shall be limited as follows:
7.4.1 If such delay or postponement or abandonment is caused by Imagine Believe’s negligence to a refund of the charges made by Imagine Believe in respect of that performance and payment by way of liquidated damages of twice the hire charge for that performance or 10,000.00 Pounds Sterling whichever shall be the less
7.4.2 If such delay postponement or abandonment is caused by Imagine Believe’s failure to comply with it’s contractual obligations though without any negligence on it’s part Imagine Believe’s liability hereunder shall be limited to a refund of the charges made by Imagine Believe in respect of that performance.
7.4.3 In respect of delay postponement or abandonment for any other reason Imagine Believe will be entitled to payment in full in accordance with the quotation.
8. CONDITIONS IN RELATION TO FOREIGN REGULATIONS
8.1 In the event that the work carried out hereunder requires person or persons hired by Imagine Believe to go or take equipment overseas the customer will obtain necessary customs or other border clearances or carnets and will ensure that the proper procedures and regulations have been adhered to in relation to Imagine Believe’s equipment or personnel hired by Imagine Believe (other than passports and personal documents ) unless stated in writing or in any quotation. The customer shall also pay all duties taxes or other charges payable under foreign regulations other than those payable by the wilful default of Imagine Believe
9. CONDITIONS RELATING TO CUSTOMER’S EQUIPMENT
9.1 If the customer as a matter of convenience requests Imagine Believe to transport equipment belonging to the customer and for which Imagine Believe is making no charge such equipment will be entirely at the customer’s risk and Imagine Believe shall not be responsible for any loss or damage even if caused by Imagine Believe’s negligence.
9.2 In the event that Imagine Believe is required to carry any of the customer’s goods or equipment under the terms of this agreement the customer must supply to Imagine Believe a schedule of equipment for insurance purposes at least seven days before commencement as otherwise Imageine Believe will be unable to insure the goods and Imagine Believe will accordingly accept no responsibility.