backSTAGE Theatre Supplies Ltd

backstage Theatre Supplies LTD Terms Of Hire:

The following terms represent the entire terms on which backSTAGE Theatre Supplies LTD (“the Seller”) is willing to sell and/or hire goods and by placing and order from the Seller, the Buyer (also known as the Hirer) agrees that the following terms represent the entire agreement between the Buyer and the Seller.

1. Hire Rates and Sale Prices

All hire and sales rates stated are exclusive of VAT and transportation and a 1 week hire is assumed (please contact us for shorter hire terms). Longer term hire rates are available, excluding the first week:

2 – 4 weeks all weeks less 30%

5 – 8 weeks all weeks less 40%

8 weeks and over all weeks less 45%

The Seller reserves the right to amend rates at any time. Furthermore, sale prices can be amended at any time due to fluctuating currencies and or changes in manufacturer pricing.

2. Inclusions

Lantern costs include hook clamp, safety chain, gel frame and working lamp. Spare lamps are normally supplied 1 per type of unit, but all failed lamps must be returned for inspection otherwise they will be charged for.

Smoke machines, haze machines etc will include fluid designed specifically for that use. Do not fill the fluid reservoir with any fluid. Doing so will result in damage that will result in a separate repair bill

3. Exclusions

In addition to the exclusions in Section 1, any prices do not include training or any other type of advice. Furthermore, the hire or sale of a product that uses consumables does not include said consumables where applicable.

All prices quoted exclude insurance. It is the responsibility of the Buyer to ensure adequate insurance is in force to cover the hiring and possible replacement of the hired equipment.

4. Conditions of Hire and/or Sale

Items will be delivered or collected by the Buyer and items will be verified against the original order at that time. Any extra or excluded items must be reported at that time.

The Buyer shall inspect and test the Goods immediately and shall within 24 hours on a 1 week hire or within 4 hours of a 1 day hire after delivery or collection notify the Seller of any respect in which he alleges that the Goods are not in accordance with the contract or agreement. Failure to give such a notice implies the Goods are deemed to be accepted in every respect.

The Buyer must ensure that adequate security procedures are in force during the hire period and any damages as a result of a lack of said procedures may result in the Buyer paying for suitable replacement equipment at the full Manufacturer’s price.

The Seller will verify the operation of all equipment when it is returned off hire. Any equipment that is non-operational through misuse or neglect will be charged at the full Manufacturer’s price.

5. Payment Terms

Invoices must be settled within 30 days of invoice date unless otherwise agreed. The time of payment shall be of the essence. In the event that payment is not made by the due date, the Seller may:

Cancel any contract to supply further goods or services

Suspend delivery of further goods or services

Suspend any credit terms, in which case all sums payable to the Seller from the Buyer for goods and or services supplied shall become due and immediately payable

Charge interest at the rate of 2% of the final balance on a daily basis

Payment can be made via cash, cheque (made payable to “backSTAGE Theatre Supplies LTD”) or BACS transfer. Credit cards and are not accepted at this time.

6. Fitness for Purpose

The Seller gives no warranty that the Goods are fit for the Buyer’s purpose or purposes. The Buyer warrants that he has satisfied himself that the Goods will be fit for every purpose which he requires them and that he does not rely on any skill or judgement of the Seller in that regard. The Buyer further warrants that he is aware that the Goods are supplied for the purpose for which they were manufactured, he has all applicable licenses, the Goods will only be used by suitably qualified or competent individuals, the Goods will in no way be altered or adapted, he will not give or imply any warranty to any person whom he may sell or let the Goods to.

Nothing in this clause affects the Buyer’s rights under the Sales of Goods Act 1979.

7. Liability

This clause shall apply to all claims by the Buyer against the Seller irrespective of whether such claims arise in contract or in tort whether or not the Seller was negligent.

The Seller shall indemnify the Buyer against any claims arising from physical injury to or death of the Buyer’s personnel and or third parties, which is directly and wholly caused by the negligence of the Seller or its employees.

In the event that notice has been given pursuant to Clause 4 above that the Goods (or part thereof) are not in accordance with the contract and the price of the Goods has been paid on or before the due date, the Seller shall replace or repair the Goods (or part thereof) at its own expense provided that the Buyer has within 30 days after the said notice caused the Goods (or part thereof) which are alleged to be defective to be returned, at the Buyer’s expense, to the Seller’s premises or other designated address.

Without prejudice to the generality of the foregoing, the Seller shall not be liable for damages in the nature of or arising from loss of profits, loss of user, loss of revenue, loss of hire or rental in respect of the Goods or any other goods, nor for damages arising from compensation payable by the Buyer to any other person, firm, corporation or organization whatsoever.

The Seller shall not be liable for any losses, claims, costs, damages, expenses or liabilities exceeding the purchase price of the goods.