Issue No: 6.8 28 Feb. 2015. Supersedes all previous issues.
Any reference within these Terms and Conditions to ‘we’, ‘our’, ‘us’, ‘the company’ or ‘Showlite’ shall mean Showlite Sound and Light or D F Whiting as appropriate. Nothing within these Terms and Conditions shall in any way affect your statutory rights.
1. BOOKINGS & CANCELLATIONS
- Unless otherwise agreed all verbal bookings for equipment operation or show design work must be confirmed in writing. No design work or booking of hired effects or equipment will be commenced until this written confirmation is received. Once confirmed, whether verbally or in writing, cancellation of a booking by you will result in a charge consisting of 50% of the expected total labour cost being levied. In addition to our charges in the event that we have obtained part or all of any hired equipment from third party hirers we reserve the right to pass to you in full any charge which these companies may make for cancellation of a hire.
- Verbal requests for repairs, maintenance, installation or other non-show work will normally be accepted. However if written authorisation to proceed or an official Order Number is requested no work particularly ordering of equipment or spare parts will take place until this authorisation is received. Once authority to proceed, whether verbal or written, is received cancellation of the work by you will result in a charge consisting of 50% of the expected final labour cost being levied. In addition the cost of preparing any plans, quotations or other documentation and the full cost of any items of equipment or spare parts purchased specifically for the cancelled work will also be charged.
- Verbal requests for equipment hire will normally be accepted. However if written confirmation or an official Order Number is requested no booking of externally hired equipment will take place until this authorisation is received. Once confirmed, whether verbally or in writing, cancellation of a hire booking by you will result in a charge consisting of 50% of the expected total hire cost being levied. Cancellation by you with FOURTEEN days notice or less will result in the FULL hire cost becoming payable. Regardless of the number of days notice of cancellation given in the event that we have obtained part or all of the hired equipment from third party hirers we reserve the right to pass to you in full any charge which these companies may make for cancellation of a hire.
- Where due to unforeseen circumstances Showlite is forced to withdraw partly or totally from any previously agreed contract we will give you as much notice of our impending withdrawl as the circumstances permit. Where possible we will also give you every assistance to find suitable individuals or companies who may be able to carry out the agreed work in our place.
2. ACCEPTANCE OF WORK
- Showlite reserves the right to refuse to accept any work or to carry out any previously accepted work of any kind should any aspect of the work or the venue appear in our opinion unsuitable unsafe or illegal.
- Showlite further reserves the right to refuse to accept or carry out any work if we have reason to believe that it would not be in our interests to accept or carry out such work.
- Advice and estimates are free. A charge of £30.00 is made for the preparation of any formal quotations and/or equipment specifications. The charge will be deducted from the final cost of any work resulting from the prepared documentation.
- All quotations given are based on prices current at the quotation date. Prices eventually charged may vary to reflect the price current at the time of delivery.
4. CHARGES & PAYMENT
- Unless otherwise agreed all invoices are payable within thirty days of the invoice date.
- For show operation a fixed charge per performance will apply. We reserve the right to charge an additional amount if the period worked becomes in our opinion unecessarily long.
- At our discretion additional charges at the rate of 1.5% of each original invoice total may be added to an overdue account for each day which that account remains unpaid. Paid shall mean that all invoiced amounts in respect of the goods or services supplied have been credited to our TSB Bank plc bank account.
- Payment may be made either by electronic funds transfer or by cheque or by cash. Cheques must be made payable to D WHITING. Cheques made payable to the company name will be returned for re-issue. Receipts will not normally be issued.
- We can give no guarantee on goods purchased other than that given by the manufacturer of the goods concerned.
- All installation work carried out by Showlite is guaranteed for twelve months from the date of hand-over unless we notify you otherwise in writing.
- Repairs carried out by us are guaranteed for three months from the date of return of the repaired item.
6. BASIS OF LIGHTING DESIGN WORK
- All lighting and/or effects designed for a show will be based upon the information and requirements given to the Lighting Designer. It is important therefore that adequate time is allowed for discussions between the Producer, Set Designer, Stage Manager and Lighting Designer. The Lighting Designer should be kept informed of all changes to the original plans as the production progresses. In all cases full set plans and final requirements must be available not less than 14 days before the get-in date.
7. GET-IN, FIT-UP, FOCUS & REHEARSAL
- Adequate time usually a minimum of one whole day must be allowed for the fitting-up, focusing and plotting of lighting and/or effects, unless otherwise agreed. It is also important that enough time is allowed for rehearsal. Showlite reserves the right to withdraw from the contract should insufficient time be available to complete any of this work to our standards.
8. USE OF STROBES
- When stroboscopic lighting or other equipment capable of creating a stroboscopic effect is to be used during a performance it shall be the responsibility of the producer of the show to ensure that appropriate warnings are printed in any programmes and displayed in the foyer of the venue. It shall further be the producers responsibility to inform all members of the cast, orchestra, crew and any other persons connected with the show of the use of such lighting.
9. PYROTECHNIC EFFECTS
- We can usually give general advice on the use of pyrotechnic effects. However for safety and insurance reasons we are not able to supply pyrotechnics or the equipment to detonate them.
10. OTHER EFFECTS
- Where other types of effects are supplied Showlite will so far as is reasonably practicable supply information on the correct and safe methods of use for the said effects. Guidance issued must be strictly adhered to at all times.
11. POWER SUPPLIES
- Where appropriate an adequate power supply installed and tested to current wiring regulations must be available. Appropriate safety protection must be provided and if deemed necessary all affected structures must be earth bonded to the relevant standard. All necessary commissioning tests must be carried out successfully. The total power load can be calculated once your exact lighting or sound requirements are known.
12. VIDEO RECORDING & PHOTOGRAPHY
- Lighting designed by Showlite is intended for live theatre viewing only. It is often unsuitable for video recording or photography thus no guarantee of usable results can be given.
- Flash photography can be dangerous for performers and an annoying distraction for the audience. If it is permitted at all we prefer that it is restricted to early rehearsals only.
- The ownership of the copyright in any lighting designed by Showlite will be automatically assigned to the client thus no additional permission is needed from us for the purposes of video recording etc.
NOTE: Notwithstanding clause 12.3 above recording the performance in any way without prior written permission from other copyright holders may be an infringement of their copyright on the work being performed.
- Equipment owned by Showlite may not be hired-on without our written permission. Equipment hired through Showlite but not owned by us cannot be hired-on.
14. MODIFICATION, DAMAGE & FAILURE
- Hired equipment must not be modified in any way. Particularly cables should not be cut, plugs or sockets removed or equipment repaired without authorisation from Showlite. All cables should be returned coiled and secured as supplied.
- The full cost of correcting any damage or unauthorised alterations discovered on return of the equipment will be charged for. All blown lamps must be returned for inspection or replacements will be charged for.
- Showlite should be notified immediately of any equipment which appears not to work after collection or which fails during the hire period. Once collected or delivered all hired equipment will be charged for unless we are notified prior to the end of the hire period of any faults which render the equipment unusable or cause it not to perform in the anticipated way.
- Where weatherproof equipment is hired only the loudspeakers and their associated cabling is fully weatherproof. All other equipment MUST be kept dry at all times. The cost of correcting damaged caused by failure to comply with this clause will be charged for as in clause 14.2 above.
- Hired equipment shall remain the property of Showlite or its third-party suppliers at all times and must be returned on the agreed date. Additional hire charges will apply if hired equipment is not returned promptly.
- Ownership of purchased equipment shall not pass to the customer until all invoiced amounts in respect of the goods have been paid in full. Paid shall mean that all invoiced amounts in respect of the goods supplied have been credited to our TSB Bank plc bank account.
16. AVAILABILITY FOR HIRE
- The inclusion of any item of equipment in our Equipment Hire List does not guarantee that the item will be available for hire. Whilst we will make every endeavour to supply the goods for hire as ordered we reserve the right to substitute other similar equipment. The hirer will be notified if this substitution will result in changes to the cost of hire.
17. USE WITH OTHER EQUIPMENT
- It is the hirers responsibility to ensure that equipment hired from or through Showlite is compatible with and may safely be used with any other equipment which the hirer intends to use. Neither Showlite nor its proprietors accepts any responsibility for any injury or damage or loss arising from failure to verify compatibility or as a result of any such incompatibility.
- The connection to our equipment of any items of equipment not owned by us is permitted. However the full cost of repairing any damage caused to our equipment by such connection will be charged to the hirer regardless of who legally owns the non-Showlite equipment.
- The insurance of all hired equipment against all risks whilst in the hirers possession is the hirers responsibility. This responsibility starts when the equipment leaves the Showlite or other suppliers premises and does not end until all equipment is returned to the respective suppliers premises. The value of any hired equipment for insurance purposes can be supplied if required.
NOTE: Where equipment is delivered, set-up, operated and removed by Showlite technicians it will still need to be insured by the hirer against theft vandalism and accidental damage.
19. EQUIPMENT OPERATION
- All equipment whether hired or purchased from or through Showlite should be set up and used by a competent person. Training and demonstrations can be arranged. Our technicians may be available to carry out this work at our standard charge rates.
- Neither Showlite nor its proprietors accepts any responsibility for any injury or damage or loss arising directly or indirectly as a result of the incorrect or negligent use of any hired or purchased equipment or effects.
20. LEGAL REQUIREMENTS
- All legal requirements concerning the use of any hired or purchased effects or equipment must be complied with. This shall include but not be limited to the provision of suitable means to extinguish any fire resulting from the use or malfunctioning of the equipment or effects. Neither Showlite nor its proprietors accepts any responsibility for any action consequent upon non-compliance with such regulations. (See also Conditions 22 and 23)
- A charge will be made for all deliveries and collections of equipment or goods involving journeys of 10 miles or more. For the current scale of charges see ‘Delivery Charges’ on our home page.
- For journeys in excess of 50 miles travelling time may also be charged at a rate of £10.00 per hour.
- Any charges for delivery or collection of equipment made by our third-party suppliers will be passed on at cost.
22. REPRODUCTION OF RECORDINGS
- The purchase from us of any equipment capable of reproducing recordings in any form does not authorise the purchaser to reproduce such recordings if this will constitute an infringement of any copyright which exists in those recordings. By acceptance of purchased equipment the purchaser agrees that they will obtain at their expense all necessary licenses to reproduce such recordings before the equipment is used for that purpose.
- The hire from or through us of any equipment capable of reproducing recordings in any form does not authorise the hirer or the organiser of an event to reproduce any such recordings if this will constitute an infringement of any copyright which exists in those recordings. By acceptance of hired equipment the hirer or event organiser agrees that they will obtain at their expense all necessary licenses to reproduce such recordings before the equipment is used for that purpose.
- Requests for Showlite to play copyright recordings at an event must be made in writing by the event organiser.
- We will make available to the purchaser hirer or event organiser information concerning the need for licences and where these licences may be obtained. No further responsibility for any infringement of copyright or other laws concerning recorded works shall attach to the company or its proprietors or its employees.
23. USE OF RADIO EQUIPMENT
- VHF radio microphones hired from us operate on spot frequencies within the allocated licence exempt band. They cannot be changed.
- UHF radio microphones hired from us are capable of operating on a number of frequencies within channel 70 in addition to the allocated licence exempt frequencies. Operating them on any frequency within this band other than the licence exempt ones is now ILLEGAL. Unless you are specifically informed otherwise all UHF radio microphones hired from us must be kept on the frequency set when the equipment is collected.
- Unless you are specifically informed otherwise portable communications radios hired from us operate within the PMR446 public mobile radio band. This band is open to anyone to use and listen to. It is an express condition of hire that neither the hirer nor any other person using the hired equipment shall cause to be transmitted or shall permit the transmission of any message or statement which could be construed as defamatory derogatory or in any other way offensive to any person hearing such message or statement regardless of whether or not it was intended that they should hear it.
NOTE: Both the VHF and UHF licence exempt frequencies are open for anyone to use therefore interference-free operation of equipment at all locations cannot be guaranteed.
24. PORTABLE APPLIANCE TESTING
- All Portable Appliance Testing will be carried out according to the guidance available to us and as we understand that guidance to apply to our business.
- Where applicable at least the minimum recommended Portable Appliance Tests will be carried out on our hire stock at the recommended intervals. Full records of these Test Results will be maintained.
- Where applicable customers equipment which has been repaired by us will be similarly tested. Test results and Certificates of Test valid for the recommended period will be issued but copies of these results and certificates will not be kept by us.
25. CONFLICT OF CONTENT OR MEANING
- If any conflict of content or meaning or interpretation shall arise between any printed version of our Full Trading Terms and Conditions and those published on our Internet site then the version published on our Internet site shall take precedence.
26. ACCEPTANCE OF TERMS & CONDITIONS
- An agreement whether written or verbal to proceed with work of any nature or the acceptance of any hired or purchased equipment or effects shall be deemed as complete acceptance of our Full Trading Terms and Conditions as set out above.
- These Full Trading Terms and Conditions shall be interpreted according to English law.