Terms and Conditions
“AVM” means Audio Visual Material Ltd.
“Services” means the services which AVM is to provide as set out in the terms of this agreement.
“Terms” means the contract between AVM and the Customer.
2 Provision of Services or Equipment
2.1 AVM and the customer shall accept the services or equipment subject to these terms which shall not be varied except in writing signed by AVM.
2.4 Any typographical or clerical error or omission in documents issued by AVM may be corrected without liability on the part of AVM.
3.1 All equipment will be subject to availability. AVM reserve the right to modify the equipment at any time and/or substitute the equipment with equipment of no lesser functionality without notice.
3.2 The equipment will not necessarily be brand new or unused and may have been previously rented out. Accordingly, we do not warrant that the equipment will be free from minor defects, including without limitation, minor surface scratches. The presence of minor defects that do not materially affect the operation of the equipment shall not entitle you to any refund or deductions.
3.3 Any description or pictures of the equipment are for information only and are not intended to be 100% accurate.
4 Rental Period
4.1 The Contract comes into force when the order confirmation is sent.
4.2 The rental period shall commence on delivery of the equipment or on collection of the equipment by you unless otherwise agreed written or orally that extra transit days before or after the agreed rental period will be required
4.3 We may at any time and on seven (7) days’ written notice to you request that you return the equipment or at our election allow us and our carrier facilities to collect the equipment. You agree to return the equipment in good working order together with all documentation.
4.4 On or before expiry of the rental period, you may request an extension of the rental period by placing a further order. Any extension to the rental period is in our sole discretion and shall be subject to these conditions. You agree to pay any additional charges as set out in a further order confirmation.
4.5 If the equipment is returned late, you agree to pay additional charges calculated on the daily rate for the equipment, our additional costs for aborted collection and our reasonable administration costs.
5 Risk and Property
5.1 The customer undertakes to indemnify AVM in respect of any loss or damage (reasonable wear and tear excepted) to the equipment and shall at its own expense insure the equipment against all loss (including loss of earnings and other consequential loss) that AVM may incur. Any equipment lost or uneconomic to repair is to be replaced with new equipment of the same or similar specification.
5.2 All equipment on hire shall remain the absolute property of AVM and no proprietary interest in the equipment shall vest in or pass to the customer.
6 Customers Obligations
The Customer undertakes to AVM:
6.2 To take all reasonable care of the equipment to ensure its physical safety and security whilst in the possession or control of the Customer or on Site.
6.4 To procure all necessary licences and permissions relating to any acts of broadcasting, projection, recording, transmission or other communication and the use of live pre-recorded material for such purpose and to indemnify AVM against all loss, damage, costs and expenses incurred by AVM relating to any claim that the use, broadcast, projection, recording, transmission or other communication of any material infringes any copyright, trade mark or other intellectual property rights of any third party or is undertaken without a valid and effective licence or permission from any relevant licensing or other regulatory authority in the territory concerned.
6.5 To provide AVM with free access to such facilities on site at such times as AVM may reasonably request to enable AVM to provide its services.
6.8 Not to modify the equipment or to remove any notices, labels or serial numbers.
7 AVM’s Obligations
7.1 AVM shall use its reasonable endeavours to provide the equipment and services in all material respects in accordance with the terms exercising all reasonable care and skill.
7.4 AVM shall not be liable for costs to replace lost or damaged recordings provided by the customer other than the costs to replace the blank material costs only.
7.5 Any liability of AVM whether in contract or otherwise not excluded hereunder shall be limited to the contractual hire fee.
8 Pricing and Payments
8.1 The price of equipment and services shall be stated in AVM’s audio visual quotation or other order acknowledgment provided that any extra equipment subsequently required shall be chargeable in addition.
8.2 AVM reserves the right to by notice given at any time to increase the price to reflect any increase in cost due to any factor beyond the control of AVM or delay caused by the customer.
8.3 The Customer shall pay the price of the hire or services within 21 days on the date of invoice unless other payment terms have been agreed in writing by AVM notwithstanding that that the hire of performance of services has not then been completed.
8.4 Should the customer fail to pay any sum on the due date then, without prejudice to any other right or remedy, AVM may cancel this contract, suspend provision of Services, remove equipment from site and/or charge interest on the unpaid amount at the rate of 2% per month calculated on a daily basis.
9.1 In the event of cancellation of the hire order by the customer the following charges will apply:
100% charge if cancelled within 24 hours of the rental period commencement date
50% charge if cancelled within 72 hours of the rental period commencement date
25% charge if cancelled within 7 days of the rental period commencement date
Any cancellation must be communicated to AVM via email.
10.1 In the event of bankruptcy, insolvency or liquidation of the customer or if the customer ceases or threatens cessation of business or AVM reasonably apprehends that the aforesaid is about to occur or if the customer is in breach of these terms, then without prejudice to any other right or remedy AVM may without liability to the customer by notice cancel or suspend provision of its services, repossess equipment and, if any services or equipment have been provided but are unpaid, the price shall become immediately due and payable notwithstanding any contrary agreement.
11 Force Majeure
11.1 AVM will not be liable for any failure to effect fulfilment of the contract and/or failure to effect delivery of the whole or part of any order due to an event of Force Majeure. If delivery and/or collection are delayed due to an event of Force Majeure, we will notify you promptly of the reason for such a delay and you agree to give us such an extension to effect delivery and/or collection as is reasonable in the circumstances.
12.1 Any notice must be sent in writing and sent to the principal place of business of the party concerned.
12.2 No waiver of any breach of these terms shall be a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision hereof is invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall be unaffected.
12.4 The interpretation and application of these Terms and conditions of business shall be in accordance with English and EC Law.