UPSTAGE THEATRE SUPPLIES LTD

TERMS & CONDITIONS

Definitions              Hire Terms     

Sales Conditions     Hire & Sales Conditions

Download T&C as PDF File                          

1           DEFINITIONS AND LAW

In these conditions the following terms shall have the meanings set alongside respectively:

1.1                 “The Equipment”- Goods, components and other items hired or sold by Upstage Theatre Supplies Ltd. or any part thereof.

1.2                 “The Customer” - 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                 “The Owner” - Upstage Theatre Supplies Ltd (Registered in England No 3667968) whose registered office is situated at 9a Leicester Road, Blaby, Leicester LE8 4GR

1.4                 “Consequential Loss” - Loss of profits, contracts or other consequential loss or damages whatsoever.

1.5                 “Interest” - Interest calculated in accordance with Clause 4.3

1.6                 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

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2                     HIRE TERMS                                    Back to Top

2.1                Risk and Title

2.1.1            The risk in the Equipment shall pass to the Customer on delivery to the Customer at the address shown for delivery on the contract or, if the Customer collects, on collection.

2.1.2            The goods shall at all times remain the property of Upstage Theatre Supplies Ltd, and the Customer shall have no rights to the Equipment other than set out hereunder.

2.1.3            The Customer hereby agrees to permit the Owner and any person duly authorised by them at all reasonable times to inspect and examine the Equipment, and to permit the Owner to enter upon his/her premises (or other such premises where the Equipment is stored or situated) for that purpose.

2.2                Charges

2.2.1            Hire Charges commence from the date stated in the Hire Agreement and are payable for the period of hire.

2.2.2            Unless otherwise agreed in writing, the Equipment must be returned by 12 noon on the day specified in the Agreement in a clean and serviceable condition and the Customer must obtain the Owner’s receipt.

2.2.3            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.

2.2.4            All cables must be returned coiled and taped and in default a charge of £2 per cable will be made.

2.2.5            Upstage Theatre Supplies Ltd 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.

2.2.6            All charges payable on demand.

2.3                Hire Period  

2.3.1             The hiring period commences at 1.00 pm on the date specified in the Hire Agreement and continues for the period specified in the Hire Agreement and terminates at 12.00 noon on the last day of the hiring period.

2.3.2            Any Equipment not returned by the last day of the hiring period, unless otherwise agreed in writing, shall be considered stolen and will be reported to the police.

2.4                Power to enter this Contract

2.4.1            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 Upstage Theatre Supplies Ltd against all losses and costs that may be incurred by Upstage Theatre Supplies Ltd if this is not the case.

2.5                Customer Responsibilities

2.5.1            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 Upstage Theatre Supplies Ltd’s unqualified receipt for the return of all the Equipment.

2.5.2            The Customer shall not at any time sell, dispose or otherwise part with control of the Equipment. The Customer will keep the Equipment at all times in his possession and control and will not remove or permit the removal of the same from the United Kingdom without the consent in writing of the Owner.

2.5.3            The Customer shall not at any time permit alteration, modification or interference with the Equipment or part thereof, or to permit the removal of any identification, registration or other identifying marks or numbers on the Equipment.

2.5.4            The Customer agrees to supply a proper and accurate description of the venue to which the goods will be delivered or held, and to notify the Owner forthwith of any change of address or location of the Equipment.

2.5.5            Unless otherwise agreed in writing, the Customer shall be solely responsible for ensuring the safe, proper and efficient installation, maintenance and operation of  the Equipment supplied by the Owner.

2.5.6            The Signatory to the Agreement and the Customer jointly and severally undertake with Upstage Theatre Supplies Ltd 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 the necessary instructional material, and further will not allow the Equipment to be misused.

2.5.7            The Customer shall ensure that technical assistance is available to him/her at all times in the person of a properly trained, skilled and experienced electrician or other such mechanic or technician as the nature of the Equipment supplied shall require, and to ensure that no work or installation, testing or maintenance is carried out on the Equipment other than by such a person.  The Customer shall further ensure that such technical assistance is promptly called upon in the event of any apparent failure, malfunction or any untoward behaviour whatsoever on the part of the Equipment supplied.

2.5.8            The Customer will at all times fully indemnify Upstage Theatre Supplies Ltd 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.

2.5.9           Nothing in this clause shall affect the statutory rights of The Customer or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977.

2.6                Electrical Equipment

2.6.1            Any electrical equipment should be used with plugs and/or sockets provided.  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 return.

2.6.2            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.  The customer shall also ensure that all metalwork is fitted with a suitable earth-bond.

2.6.3            The Customer shall ensure that all electrical equipment supplied by Upstage Theatre Supplies Ltd are:

(a) Tested for safety after installation but before actual use

(b) Effectively isolated from the power supply when not in actual use.

(c) Not at any time moved whilst connected to the power supply

(d) Immediately isolated from the power supply in the event of any apparent failure or malfunction or any untoward behaviour whatsoever.

2.7                Installation

2.7.1            It is the responsibility of the Customer to ensure that all load bearing surfaces are suitable for the safe erection of any equipment supplied by the owner, and that all the Equipment is used solely for the express purpose for which the goods were designed.

2.7.2            Should the Customer require the services of Upstage Theatre Supplies Ltd for the temporary installation of any Equipment either set out in the contract or otherwise, it remains the responsibility of the Customer to ensure that all surfaces, furnishings and good are protected from damage, both during installation and their subsequent removal. It is also the responsibility of the Customer to ensure that all access routes are accessible, safe and free from obstruction.

2.7.3            All leading edges of staging or other platforms should be clearly marked with a white line to avoid tripping or falls. Nothing should be attached to the staging tops by use of staples or nails.  All safety measures in the form of handrails, steps etc, should be used as supplied.

2.8                Equipment Maintenance and Reporting

2.8.1            The Customer shall ensure that the Equipment remains serviceable and clean during the hire period.

2.8.2            Any breakdown or unsatisfactory working of Equipment shall be immediately notified to Upstage Theatre Supplies Ltd.

2.8.3            The customer shall under no circumstances attempt to repair the Equipment without prior authorisation from the Owner.

2.8.4            Any damaged or unsatisfactory equipment must be returned to Upstage Theatre Supplies Ltd’s premises for examination at the Customer’s cost.

2.8.5            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 the Owner immediately.

2.8.6            Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without prior consent of the Owner.

2.9                Compatibility of Equipment

2.9.1            The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer.

2.9.2            The Customer shall be responsible for ensuring that any equipment is suitable for their purpose.

2.10            Insurance

2.10.1         The Customer agrees to pay the Owner the full retail cost of any Equipment lost, stolen or damaged beyond economic repair (without deduction for wear, tear or age).

2.10.2         The Customer shall insure the goods against the above liability.

2.10.3         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 the Owner on demand to the extent that any such payment is due under this clause.

2.10.4         The Customer shall not compromise or settle any claim without the express consent of the Owner.

2.10.5         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.

2.11            Condition of Returned Equipment

2.11.1         The Customer is fully responsible for care, safekeeping and return in good order of the Equipment.

2.11.2         The Customer will reimburse all costs incurred by the Owner 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 rectified.

2.12            Termination of Hire

2.12.1         Upstage Theatre Supplies Ltd 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 Upstage Theatre Supplies Ltd, in doubt.  Such termination shall not affect the right of Upstage Theatre Supplies Ltd to recover from the Customer any monies due under this contract, interest, consequential loss or damages for breach.

2.12.2         The Customer hereby authorises Upstage Theatre Supplies Ltd to enter upon any property upon which Upstage Theatre Supplies Ltd reasonably believes any Equipment to be, and Upstage Theatre Supplies Ltd in their absolute discretion may recover and remove the Equipment.

3                     CONDITIONS AS TO SALE                  Back to Top

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.

3.1.2            Property and title in the Equipment shall remain vested in Upstage Theatre Supplies Ltd, and Upstage Theatre Supplies Ltd reserve the right to dispose of the Equipment until such time as the price shall have been paid in full.

3.1.3            If any part of the payment is overdue or if the Customer is in breach of these terms or if the Customer or any third party shall take steps or any act or proceeding in which, in the reasonable view of Upstage Theatre Supplies Ltd, the Customer’s solvency is in doubt, Upstage Theatre Supplies Ltd may (without prejudice to Upstage Theatre Supplies Ltd’s other rights) recover or resell the Equipment  and may enter upon the customer’s or any third party’s property for that purpose.

3.2                Receipt

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 Upstage Theatre Supplies Ltd’s carrier.

3.2.2            The Customer, or a duly authorised person on behalf of the customer, shall endorse any shortage or unsatisfactory Equipment on the delivery document and the Customer shall give written confirmation to Upstage Theatre Supplies Ltd within three days of delivery.

3.2.3            Upstage Theatre Supplies Ltd shall entertain no claim in respect of shortage or of unsatisfactory condition of the Equipment unless condition 3.2.3 is observed.

3.2.4            This condition does not affect the statutory rights of the Customer.

3.3                Price

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 good were ordered, the Customer will be advised prior to delivery.

3.4                Payment

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  Back to Top

4.1                Quotations

4.1.1            Quotations are tendered without engagement and are subject to confirmation of order.  Quotations remain valid for a period of 30 days.

4.2                Acceptance

4.2.1            The contract will be deemed to be agreed on the date when the Customer signs it, or when goods or services are received.

4.3                Payment and interest

4.3.1            Interest shall be payable by the Customer on all sums payable, or which become payable under the contract which are unpaid from the due date to the date of payment at 3% above the HSBC base rate prevailing for the period for which such monies are overdue.

4.3.2            Any interest payable under sub-clause 4.3.1 above shall run from day to day and shall accrue after as well as before any judgement.

4.3.3            The payment of such interest shall be without prejudice to any other rights or remedies of Upstage Theatre Supplies Ltd.

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

4.3.5            Notwithstanding any provision in these terms of business to the contrary, the Customer shall if required by Upstage Theatre Supplies Ltd, 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.

4.4                Liability

4.4.1            Upstage Theatre Supplies Ltd’s liability for any defect in the Equipment shall be limited to and shall in no way 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 Upstage Theatre Supplies Ltd’s option, a refund of the price.

4.4.2            Consequential loss- Nothing in these terms and Conditions shall make Upstage Theatre Supplies Ltd 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 part thereof or any breakdown or stoppage of the same.

4.5                Injury to persons and Damage to Property

4.5.1            Subject to 4.2 above, Upstage Theatre Supplies Ltd shall not be liable for any loss other than that which 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 Upstage Theatre Supplies Ltd.

4.6                Rights Reserved

4.6.1            Any failure by Upstage Theatre Supplies Ltd to enforce any or all of these conditions shall not be construed as a waiver of any of Upstage Theatre Supplies Ltd’s rights hereunder.

4.6.2            If any term in this contract shall be held invalid, such invalidation shall not affect the validity of the remaining terms.

4.7                Terms of Contract

4.7.1            These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer. 

4.8                Delivery and Carriage

4.8.1            All times quoted or stated for delivery are approximate only.

4.8.2            Hire Charges or sales prices do not include carriage.  Any expenses incurred by Upstage Theatre Supplies Ltd in delivery or recovering equipment, or attempting the same, will be paid by the Customer.

4.8.3            Where carriage charges are quoted by Upstage Theatre Supplies Lt, such charges will include only for the time to load or unload alongside the Upstage Theatre Supplies Ltd vehicle at the address specified by the Customer.  Further time or attendance will be paid for by the Customer.

4.9                Copyright

4.9.1            Upstage Theatre Supplies Ltd 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 Copyright Holder, he will infringe copyright and may become liable in damages for doing so.

4.9.2            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 said equipment for the said purpose.

4.10            General

4.10.1         Upstage Theatre Supplies Ltd reserves the right (where deemed aesthetically acceptable) to place their logo or advertisements upon equipment supplied under this contract.

Errors and omissions excepted.