Definition of contract for all terms & conditions of hire & or production services
The Company – Means Disco Equipment Hire ltd, Trading as Powerhouse Hire and Powerhouse Production Services, Unit 2 Hazel Green Works, Edward Road New Barnet EN4 8AZ, Registered in England & Wales. Company no. 02609539, VAT Reg No GB 587083015.
The Event – Means the time and/or place where The Equipment and/or Services of The Company are required.
The Quote – Means the written specification detailing the services and equipment with costings that will be supplied for The Event.
The Client or hirer – Means the person, company or group who is named in the quotation and/or has contracted the services of the company.
Hire – Means the arrangement to supply equipment supplied by The Company to the Client.
The Contract – Means the agreement entered in to between The Company and The Client.
The Equipment – Means all equipment hired by the client including accessories and flight cases along with any other items or services included or implied whether specified or not.
Services – Means all services provided by The Company as part of The Contract.
Dry Hire – Means all equipment hire that is collected from and returned to our Premises by the Client or Hires that are delivered/collected or installed by our representatives for the Client but not operated by anyone from the Company.
Production – Means when you have engaged the Company to provide all services including operation of all hired equipment unless otherwise shown on the Contract.
General – Means General terms and conditions.
1 The Contract (General)
1.1 Any quote will be confirmed by The Company in writing by email to The Client, providing the total cost for the agreed services including delivery, collection or rigging charges etc if required.
1.2 The Hire is not confirmed until The Company is in receipt of the signed contract by The Client and the agreed deposit has been paid. Until such time, the Hire will be treated as an enquiry only, and The Company reserves the right to accept an alternative booking without any notification to The Client.
1.3 Once The Contract is signed, the booking is confirmed and The Client and The Company agree to abide by and be governed by the terms and conditions.
1.4 Any extra requirements beyond those agreed, may be subject to extra payment and to be agreed by both parties.
1.5 Upon signing The Contract, The Client is confirming that they have read and understood the terms and conditions of this agreement. The Contract shall not be amended or altered without the agreement in writing of both parties. The Contract does not allow for cancellation other than by mutual consent by all parties in writing by email. Any such amendment or alteration or cancellation shall not prejudice the right of payment due to The Company as set out in The Contract.
2 Charges/Payment (General)
2.1 The charges for the services provided are set out in our quotations & invoices. Our terms of payment are 20% non-refundable deposit upon booking, and full payment 14 days prior to the hire, unless other terms have been agreed in writing. Deposits are non-refundable. In the event of non-payment, The Company reserves the right to cancel the booking without liability.
2.2 Payments can be made to The Company by Bank Transfer as shown below.
Bank – Barclays
Sort Code – 20-10-53
Account Number – 60865540
IBAN – GB88 BUKB 2010 5360 8655 40
SWIFT CODE – BUKBGB22
For account clients a valid Purchase Order Number must be provided. No equipment will be dispatched until payment has been authorised by the relevant financial institution or an approved Purchase Order reference provided.
2.3 All prices exclude Vat. We endeavour to ensure that the prices displayed on our website are correct, however, we reserve the right to update prices before we process your order. All prices are stated in GBP.
2.4 The time stipulated for payment shall be of the essence of the agreement. Failure to pay within the period specified shall entitle us to terminate The Contract without liability.
2.5 The Company shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.
2.6 All invoices shall be paid without deduction. In the event of an error or query on the invoice, The Client should contact The Company in writing by email.
3 Charges for additional Services (General)
Additional charges shall apply for the following service where requested by The Client to ensure that matters related to the event are met and complied with. These charges are detailed below but are not limited to:
3.1 Emergency call-out fee (standard hours) = £125 +VAT* (up to 1 hour)
3.2 Emergency call-out fee (out of hours) = £160 +VAT* (up to 1 hour / if available)
3.3 If there is a technical fault with the equipment, these charges will be waived.
3.4 Technical Documents, Cad Documentation, are charged (see The Quote or The Contract)
3.5 Copies of our PLI Insurance Certificate, PAT Testing Certificate, Method Statement & Risk Assessments are all provided as standard for any event at no charge. Specific Risk Assessments or indemnity documentation required by the venue is available upon request.
4 The Equipment (Dry Hire)
4.1 The equipment provided always remains the property of The Company. In the event of a breach of any of these Terms and Conditions, The Company without prejudice to any other rights may terminate the contract and repossess all the equipment. The Equipment is not to be re-hired, sub-hired or lent to any third party.
4.2 The equipment provided will be as detailed in The Quote, however where a substitute is necessary, it will be for equipment of the similar type.
4.3 The equipment provided will be in full and safe working order and in good physical condition. In the event of equipment being defective The Company provides a backup/out of hour’s service to repair/replace defective equipment at its discretion. We will however make every reasonable effort to rectify the situation. In the extremely unlikely occurrence of a non-performance, or if a total failure occurs, The Client will be refunded for the item in full. In this situation, this will be the full extent of our liability.
4.4 The Company or its authorised representatives may always enter during normal business hours, any premises to inspect the Equipment hired.
4.5 Under no circumstances shall any of The Company’s equipment be operated by anyone other than The Client or their representatives.
4.6 The Client shall not make or permit to be made any alterations, modifications or additions to The Equipment and shall not carry out any repairs or authorise the carrying out of any repairs to The Equipment.
4.7 The Client agrees that all customised items and fluid purchases are non-refundable, this includes but is not limited to Custom DJ Booths, Snow Machine Fluid etc.
5. Dry Hire
5.1 The Client must provide 3 forms of personal identification, one of which should be a current UK photo driving license or British Passport. We also require 2 other forms of positive ID which can be two current utility bills, or debit/credit card statement confirming your name & address. The identification must be that of the person named on The Contract. Any other person’s identification is not acceptable. If you are hiring through a registered company this will not apply.
5.2 Unless specified, hire charges are based on a minimum period of one day or part thereof, irrespective of whether the equipment is in use or not. The prices shown on our website are for one day’s hire. If you (The Client) wish to hire for a longer period, please call our sales office for details. Equipment collected from us on a Friday will be usually due back on the Monday, and this will be charged as one day’s hire unless the Monday is a Bank holiday, in which case The Equipment will be due back on the Tuesday.
5.3 Any equipment returned after the booked return date, and without advising us prior to the expiry of the booked return date will be charged at a minimum of one complete day’s extra hire fee as shown on our website, regardless of the original hire period. If for any reason you (The Client) are unable to return the equipment on time you must advise us immediately by email.
5.4 The Client undertakes either to insure the equipment for the full replacement value at their own expense, or to accept full personal liability for the full value of any losses or damage caused to The Equipment whilst it is in their possession & away from the premises of The Company, whether insured or not. The Client is responsible for the full replacement cost of all The Equipment on hire to them, including all cables, cases, spares and accessories. A valuation is available on request.
5.5 All hired equipment always remains the absolute property of The Company.
5.6 The Client undertakes to keep and return equipment in good order and clean condition. Any equipment returned in a dirty condition may incur a cleaning charge.
5.7 The Company reserve the right to charge for repair or replacement of any equipment damaged, lost or stolen howsoever arising during the period of hire. The Client’s liability is for the full replacement value of the equipment and any cases/cables etc.
5.8 Any equipment damaged lost or stolen during the hire period will remain on hire and chargeable at our published prices until all repairs are complete and paid for in full, or the equipment has been replaced by The Client paying for the replacement of all lost, stolen, or damaged equipment and the equipment is again available for further hire.
5.9 The Client assumes responsibility for the replacement of all lamps/Stylus which fail under normal working conditions, but any dead lamps/Stylus must be returned to us for inspection, or they will be charged for. Spare lamps/Stylus will normally be supplied by us for the purpose of replacement if required during the hire period. Any lamps/styli damage by The Client will be charged for.
5.10 The Company will always attempt to provide the hire equipment that has been ordered. However, we reserve the right to provide substitute equipment should the need arise. We also reserve the right to terminate this contract without liability to us if for any reason we are unable to supply the hire equipment which has been ordered. In the unlikely event of us not being able to fulfil the booking, all monies paid to us by the hirer will be refunded. If any individual items cannot be supplied a full refund for those items will be made, or suitable alternative equipment will be supplied, but this will be the limit of our liability in this regard.
5.11 In the event that the hired equipment is faulty, The Company shall not be liable for any consequential loss or damage whether financial or otherwise arising there from. Should we not be able to fulfil the booking all monies paid to us by The Client will either be refunded, or a credit issued at our sole discretion, but this will be the limit of our liability.
5.12 Connectors must not be removed from cables or equipment. We reserve the right to charge for refitting or inspecting any connectors found to have been removed or tampered with. No equipment must be modified in anyway whilst on hire.
5.13 Failure to return any cable, coiled and taped may result in a charge for doing so being made.
5.14 Packing supplied with The Equipment must be returned or it will be charged for.
5.15 If The Client collects equipment from us or the door step delivery option has been requested where no setup of The Equipment is provided by us, all hired equipment should be installed by a competent person. It must also be packed down by a competent person ready for collection. The Company cannot accept any responsibility for damage done to personnel, property, or equipment in this regard whilst it is on hire. If you do encounter a problem or are not sure how to complete your set up, then you must call us immediately for assistance. Failure to contact us will result in us not being able to offer you a refund or credit for faulty equipment or for equipment not working due to being set up incorrectly.
5.16 At our discretion The Company may take a security/damage deposit by credit/debit card or by BACs prior to the commencement of the hire, cash or cheque will not be accepted for the deposit. The security/damage deposit will be refunded to the same bank account upon the safe return of all the hired equipment. The amount of the security/damage deposit will vary depending on what is being hired but will be advised to the hirer either when an enquiry is being made, or when a booking is confirmed. The amount of the security/damage deposit is arbitrary and does not limit your liability, which is for the full replacement cost of any loss, or any costs incurred by us in repairing equipment that has been damaged during the hire period. If for any reason a security/damage deposit is not taken prior to the equipment being made available for hire, then any loss or damage incurred during the hire period will be invoiced for immediate payment by The Client. If we are unable to obtain payment for this purpose, then we reserve the right to issue legal proceedings against The Client for default. Should this be necessary a county court judgment may be obtained and registered against The Client.
6 Provision of Technical & Sub Contractor Services (Production)
6.1 When booking a Technician from The Company you are entering into a contract with The Company, acting as an Employment Agent for the reservation of the Technician, and are agreeing to be bound by the terms and conditions contained in this agreement.
6.2 The Technician allocated for The Event will be holding this date exclusively for The Client from the date of the completed Contract and the deposit payment being received. In the event of the booking being cancelled, fees will apply. (Please refer to terms of cancellation)
6.3 If performance time is requested in excess of that agreed in The Contract, this will be charged extra according to the technician/performers additional time charges. All requests for additional time must be cleared with the venue management team beforehand.
6.4 In the unlikely event the technician is unable to perform due to unforeseen circumstances such as illness or any other emergency, The Company will endeavour to arrange for a suitable replacement.
6.5 Technicians required onsite for 6 or more hours must be provided with a hot meal as well as refreshments for the entirety of The Event. If Food/Drink is unavailable an additional charge of £35 per Technician per 6 hours will be added to The Contract.
6.6 In the unlikely event of a sub-contractor service being unable to arrive due to unforeseen circumstances such as illness or any other emergency, The Company will endeavour to arrange for a suitable solution with similar equipment and experience to cover the service for the same price.
7 The Clients Responsibility (General)
7.1 The Client shall in discussion with The Company agree a mutually acceptable time and place to arrive at the venue and a time for set up to be complete. The Company will make every effort to meet this time schedule, however, The Company will accept no liability for a delay where the cause is reasonably beyond their control. A minimum call time (stated in The Contract) is required for rigging, dismantling and load out of the equipment into our vehicles. This must be considered when planning any arrangements with the Venue.
7.2 It is The Clients legal responsibility to comply with and ensure that current Health & Safety regulations are in place and any place of performance (indoors or outdoors) and is fit for purpose and the use intended. A safe electrical supply must be provided.
7.3 The Client is required to ensure that safe access to the venue is available until such time as all equipment has been removed. This is to include vehicular access etc. At the end of the event (or specified collection time), The Company and/or its representatives will dismantle and remove all its equipment from the venue.
7.4 It is the responsibility of The Client to check and obtain consent from the venue management that Smoke/Haze machines or similar stage effects including Confetti or Indoor Spark Machines can be used at the venue where the performance is taking place.
7.5 The Client is responsible for the conduct of all persons attending the event whether those persons are invited or not. The Company takes no responsibility for the behaviour of guests attending an event. The Company and its staff have the right to perform in a safe environment. We reserve the right to terminate the performance should any physical/verbal abuse or intimidating actions be made to our staff. The Company also reserves the right to terminate the performance should our equipment’s safety be compromised in any way. Under either of these circumstances, no refund shall be made.
7.6 Where a delivery or collection cannot be completed because of a lack of access to the venue The Client shall still be liable for all agreed charges, and for any additional costs incurred in completing the delivery or collection.
7.7 The Client is responsible to ensure they agree all timings with the venue in advance and advise The Company of any problems which may impede upon delivery & collection times. Any delayed set up time and subsequent delayed start time due to the overrun of any prior proceeding, or of situations outside of our control will not warrant any extension of the stated finishing time or any fee reduction. Such situations may include but are not limited to poor access, room clearance and over-running of previous event.
8 Terminating The Contract (General)
8.1 The terms of The Contract do not allow for cancellation other than by mutual consent of all parties and confirmed in writing by email. The Company will charge the following fees should a cancellation occur:
Within 30 days of the event – The full agreed fee.
Within 60 days of the event – 50% of the full agreed fee.
Within 120 days of the event – 25% of the full agreed fee.
Deposits paid are non-refundable.
Cancellations are only accepted in writing by e-mail. Once we have received your notice of cancellation, we will confirm this to you via return email. If you do not receive this email within 48 hours do not assume that your event has been cancelled, please call us to confirm.
8.2 The Company may terminate this Agreement forthwith by giving written notice via email to The Client and re-take possession of the Equipment in the event of:
Any material breach of this Agreement by The Client which has not been immediately remedied (if capable of remedy) following a written demand by The Company.
If any order is made, proceedings are commenced or a resolution is passed, for the liquidation or winding-up of The Client.
If a distress or execution is levied against any property of The Company.
If a liquidator or receiver or administrator is appointed in respect of the undertaking or any property or assets of The Client.
If The Client ceases or threatens to cease to carry on its business or is unable to pay its debts as they fall due or enters in any arrangements with creditors generally.
If The Company reasonably believes that its rights or The Equipment are in jeopardy. Upon the termination of this agreement before the end of the agreed period, The Client shall pay to The Company on demand the aggregate of:
All rentals and other sums due or in arrears at the date of termination under this agreement.
All costs (including legal costs) incurred as a result of a breach of this agreement including repossessing and restoring The Equipment to its proper condition.
As agreed, damages, a sum equal to the aggregate rentals that would have become due hereunder during the Minimum Period had The Contract not been terminated, less a discount for accelerated payment of 3% per annum compounded on (and at the frequency of) each rental payment outstanding.
8.3 The Client may cancel The Contract by sending email confirmation no later than 5 days after the date on which The Contract has been signed, although any costs incurred by us during this period will be charged to The Client. If The Contract is signed within our normal cancellation period, then those conditions will take precedence.
9 Force Majeure (General)
9.1 If either party is prevented or delayed in the performance of any of its respective obligations under The Contract by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.
9.2 For the purpose of The Contract ‘force majeure’ shall be deemed to be any cause affecting the performance arising from or attributable to acts, events, omissions, or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:
Strikes, lockouts, or other industrial action.
Civil commotion, riot, invasion, war threat or preparation for war, Pandemic or Epidemic.
Fire, explosion, storm, flood, earthquake, subsidence, bad weather or other natural physical disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10 Invalidity (General)
10.1 If any part of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11 Liability (General)
11.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
11.2 The Client will be responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
12 Governing Law (General)
12.1 All Hire of equipment shall be governed by and interpreted in accordance with the laws of England and the parties submitted to the jurisdiction of the English Courts, but The Company may enforce any such hire agreement (The Contract) in any court of competent jurisdiction.
12.2 In the event of a dispute or difference arising from these conditions or the interpretation thereof or otherwise arising from The Hire of the equipment under these conditions, such dispute or differences shall be referred to arbitration by a single arbitrator mutually agreed between the parties or failing such agreement, by an arbitrator nominated by the President of the Institute of Arbitrators. Any such arbitration shall be conducted in accordance with the Arbitration Act 1996, and by application of the law of England.
13 Entire Agreement (General)
13.1 The Contract contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings, or proposals, oral or written.
13.2 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
13.1.3 We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.
14 Content Creation (Production)
14.1 The Client hereby grants and authorises The Company the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of The Event to be used in and/or for any lawful promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorisation extends to all languages, media, formats, and markets now known or later discovered. This authorisation shall continue indefinitely unless The Client otherwise revokes this authorisation in writing. The Client waives the right to inspect or approve any finished product in which their likeness appears, including written or electronic copy.
15 Customer Service (General)
15.1 To protect your own interests please read the conditions in The Contract carefully before signing it.
15.2 If you are unhappy with any aspect of our service, please contact The Company on 020-8449-6711. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
16 Data Protection (General)
16.1 By signing this agreement, you consent to the computer storage and processing of your data by us in connection with The Contract and to the transmission of this data by The Company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this contract, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
16.2 Data information held by The Company is stored and held in accordance with The Data Protection Act 1998. If you wish to opt out of receiving any further information from The Company, please let us know.
17 Covid 19 (General)
17.1 In the event coronavirus related restrictions or guidelines from the UK Government are put in place such that the event cannot take place on this date, the event date will be moved to a future date at no additional cost to you. If because of Covid 19, guests cannot travel from abroad to attend the event, then the event can be postponed to a future date. In the event that the secondary event date cannot take place due to the continuation of such restrictions or guidelines, this contract will come to an end in which case there will be no cost to you and the deposit (and any other sums paid by you under this contract) will be repaid to you within 14 days of cancellation. This will be deducted from any payments made, 25% of the deposit, together with any other out of pocket expenses, limited to a maximum £2,500.00. Should both parties agree upon a third date for the event, this will be governed by a separate contract. It may be agreed that any amounts refundable under this contract can be used to fulfil this separate contract, less any expenses incurred.
18. Confidentiality of The Company’s Property (Production)
18.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to The Client by The Company, its employees, clients, consultants or subcontractors and any other confidential information concerning The Company’s business or its products which The Client may obtain.
18.2 The Client may disclose such information:
(a) to its employees, officers, representatives, advisers, clients, or subcontractors who need to know such information for the purposes of carrying out The Client’s obligations under this agreement; and:
(b) as may be required by law, court order or any governmental or regulatory authority.
18.3 The Client shall ensure that its employees, officers, representatives, advisers, clients, or subcontractors to whom it discloses such information comply with this clause.
18.4 The Client shall not use any such information for any purpose other than to perform its obligations under this agreement.
18 .5 All materials, equipment and tools, drawings, specifications and data supplied by The Company to The Client (including pre-existing materials and The Company’s Equipment) shall at all times be and remain the exclusive property of The Company, but shall be held by The Client in safe custody at its own risk and maintained and kept in good condition by The Client until returned to The Company and shall not be disposed of or used other than in accordance with The Company’s written instructions or authorisation.
19. Intellectual Property Rights (Production)
19.1 Between the Client and The Company all Intellectual Property Rights and all other rights in the Deliverables and the Pre-existing Materials shall be owned by The Company. The Company licenses all such rights to the Client free of charge and on a non-exclusive worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Deliverables and the Services. If this agreement is terminated, this licence will automatically terminate.
19.2 The Client acknowledges that where The Company does not own any of the Pre-existing Materials, the Client’s use of rights in Pre-existing Materials is conditional on The Company obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle The Company to license such rights to The Client.
20. No Partnership or Agency (General)
20.1 Nothing in The Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as client for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
20.1 Upon signing The Contract, you are confirming that you have read and understood the terms and conditions of this agreement. The Contract shall not be amended or altered without the agreement in writing of both parties. The Contract does not allow for cancellation other than by mutual consent by all parties in writing. Any such amendment or alteration or cancellation shall not prejudice the right of payment due to Disco Equipment Hire ltd, Trading as Powerhouse hire and Production Services as set out in the agreement.
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