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THE TERMS AND CONDITIONS OF CB Sound Video Light LTD revised August 2021
1. DEFINITIONS
1.1 ‘“CBSVL” means CB Sound Video Light LTD registered at Companies House under 07130448
1.2. “the Equipment” means goods, components and other items hired by CBSVL or any part thereof
1.2. “the Customer” is 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. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.4. “Interest” shall mean interest calculated in accordance with Clause
1.5. 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
1.6. “PROFESSIONAL SERVICES” include installation, testing, upgrades, remedial works and modifications to installed installations, consultancy.
2 CHANGE OF USE
CBSVL reserves the right to:
2.1 change or remove (temporarily or permanently) these Terms and Conditions or any part of it without notice and you confirm that CBSVL shall not be liable to you for any such change or removal and.
2.2 your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
3 LEGAL ADVICE
3.1 The contents of CBSVL website and any sister websites do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on CBSVL is provided without any or warranty of any kind. You use the material on CBSVL website at your own discretion
4 COPYRIGHT
4.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CBSVL or otherwise used by CBSVL as permitted by law.
5 LINKS TO AND FROM OTHER WEBSITES
5.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
6 INDEMNITY
6.1 You agree to indemnify and hold CBSVL and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CBSVL arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
7 SEVERANCE
7.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8 WAIVER
8.1 If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
9. HIRE TERMS
9.1. Charges
9.1.1. Hire charges commence from the date stated in the contract and are payable for the period of hire
9.1.2. Equipment must be returned by the time and date specified in the Contract. Equipment not returned by the mutually agreed end of hire date on the contract will no longer be classed as hired and non return of equipment will be classed as theft. Theft stands on the grounds by meeting Appropriation – being used by the individual without consent past the point of hire agreed, Dishonesty if it was not declared at start of hire that it was never the intention to return equipment.
9.1.3. 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
9.1.4. All equipment must be returned in the same condition at the start of this hire, in a clean and serviceable condition. Charges will apply for any scrapes, damage, missing parts or any other damage not reported at the start of hire.
9.1.5. CBSVL. provides spare lamps with Equipment where appropriate. These and any lamps they replace must be returned with the Equipment and in default their full replacement cost will be charged
9.1.6. All charges are payable on demand
9.1.7. All bookings by new customers requires a non refundable deposit of 50% to secure a booking. On start of hire the final balance will be taken. If the customer fails to collect or cancels the hire then the deposit will be retained by CBSVL to cover administration costs and loss of revenue.
9.1.8. Damage deposit payment of £100 may be taken at the start of hire. If there are any damages, losses, or thief the deposit will be retained by CBSL. If the damage deposit falls short of the final remedial cost the remainder amount will be sent to the customer to settle, this will either be a bill to repair equipment, or replace at current retail market value.
9.2. HIRE PERIOD
9.2.1. The hiring period commences at the time and date specified in the Contract and continues for the period specified in the Contract and terminates at the time and date as specified in the contract agreed at the point of the customer signing the contract.
9.2.2 Where equipment has not been returned by the date as specified on the contract we reserve the right to enforce recovery procedures at the customer’s expense.
9.3. POWER TO ENTER HIRE CONTRACTS
9.3.1. The signatory, acceptance via email, verbal or written to the contract warrants that they are duly authorised on the Customer’s behalf to enter into the contract and hereby personally indemnifies CBSVL against all losses and costs that may be incurred by CBSVL if this is not the case.
9.3.2 A hire confirmation is deemed to be active and enforceable if collection / drop off dates and or times are discussed for a hire as it implies that it has been accepted by all parties about to enter into contract. Or if a customer confirms they are happy to proceed with a hire.
9.3.3 A contract and reservation of equipment for public customers will only start once a non refundable deposit of 50% is received.
9.4. CUSTOMER’S RESPONSIBILITIES
9.4.1. 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 CBSVL’s unqualified receipt for the return of all the Equipment
9.4.2. The Customer shall not at any time sell dispose or otherwise part with control of the Equipment or attempt to do so
9.4.3. The Signatory to the Contract or acceptance outlined in 9.3 and the Customer jointly and severally undertake with CBSVL 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 necessary instructional material and further will not allow the Equipment to be misused
9.4.4. The Customer will at all times fully indemnify CBSVL 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
9.4.5. Nothing in this clause shall affect the statutory rights of the Customers or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977
9.5. ELECTRICAL EQUIPMENT
9.5.1. Any electrical Equipment should be used with plugs and/or sockets as fitted
9.5.2. No Equipment shall be modified without prior written consent from CBSVL
9.5.3. 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. Damage to equipment from incorrectly connected or disrupted supply will be charged.
9.5.4. Equipment leaving the workshop has at minimum been visually checked for damage and compliance with regulations. It is down to the customer to ensure that the equipment is of a safe working nature for the conditions of which it is being operated. For example using an indoor mains fixture outside in the rain where it is not waterproof and bears the risk of shock as a result of ingress of liquid.
9.6. EQUIPMENT MAINTENANCE AND REPORTING
9.6.1. The Customer shall ensure that the Equipment remains serviceable and clean during the hire period
9.6.2. Any shortage, issues with equipment or materials for the hire shall be immediately notified to CBSVL within the hire period by using the “Emergency contact” which can be found on the contact menu.
9.6.3. The Customer shall under no circumstances attempt to repair the Equipment without prior authorisation from CBSVL
9.6.4. Any damaged or unsatisfactory Equipment must be returned to CBSVL’s premises for examination at the Customer’s cost
9.6.5. 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 CBSVL immediately
9.6.6. Equipment must not be removed from any site originally specified by the Customer or from any subsequently authorised site without prior consent of CBSVL.
9.6.7. The Customer shall inform CBSVL if any Equipment is taken out of the UK
9.6.8. Faulty equipment while on hire must be returned to the workshop for remedy. CBSVL will charge a callout fee to attend site callouts.
9.6.9. Where a callout occurs for faulty equipment the prices are as follows:
During office hours: initial callout £150. Cost per hour on site £90
Outside of working hours: initial callout £250, cost per hour on site £120
9.7. COMPATIBILITY OF EQUIPMENT
9.7.1. The Customer shall ensure that the Equipment is compatible and may safely be used with any other Equipment being used by the Customer
9.7.2. The Customer shall be responsible for ensuring that any equipment is suitable for their purposes
9.7.3 CBSVL reserves the right to supply equipment of a similar design to the Equipment specified.
9.7.4 All descriptions and specifications, drawings and particulars of
weights and dimensions issued by CBSVL are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continuing development, CBSVL reserves the right to change specifications without notice.
9.7.5 The quality of any wireless device used including Wi-Fi and Bluetooth cannot be guaranteed for a reliable connection and we cannot accept any liability of loss of signal or interreference, or cause of failure of any equipment.
9.8. INSURANCE
9.8.1. The Customer agrees to pay CBSVL the full retail replacement cost of any Equipment lost stolen or damage beyond economic repair (without deduction for usage wear tear or age) within 30 calendar days of the end of the hire period.
9.8.2. 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 CBSVL on demand to the extent that any such payment is due under this clause
9.8.3. The Customer shall not compromise or settle any claim without the express consent of CBSVL.
9.8.4 In the case of Equipment which is lost stolen or damaged beyond economic repair the Customer shall pay a charge at the full hire rate together with interest and consequential loss until the Equipment is replaced
9.8.5 Where a rental of equipment exceeds £500 + VAT the customer must obtain their own hired in insurance cover for the sum of section 9.8.1
9.9. CONDITION OF RETURNED EQUIPMENT
9.9.1. The Customer is fully responsible for care safekeeping and return in good order of the Equipment
9.9.2. The Customer will reimburse all costs incurred by CBSVL in rectifying the condition of any Equipment returned damaged or unclean and shall in addition pay a charge at the full hire rate together with interest and any consequential loss until rectification.
9.9.3 Equipment will be checked back in by CBSVL on it’s return. Any issues will be notified to the customer within 48 hours of end of hire with CBSVL’s word being final.
9.10. TERMINATION OF CONTRACT
9.10.1. CBSVL 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 CBSVL in doubt.
Such termination shall not affect the right of CBSVL to recover from the Customer any monies due under this contract interest consequential loss or damages for breach
9.10.2. The Customer hereby authorises CBSVL to enter upon any property, upon which CBSVL reasonably believe any Equipment to be held and CBSVL in their absolute discretion may recover and remove the Equipment
9.10.3 The Customer hereby authorises CBSVL (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to CBSVL arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of CBSVL.
9.11. CANCELLATION OF CONTRACT
9.11.1 The following shall apply to commercial customers only should the contracting party cancel the contract:-
– in the event of cancellation 30 days before the beginning of hire, 25 % of the rental shall be due;
– in the event of cancellation 14 days before the beginning of hire, 50 % of the rental shall be due;
– in the event of cancellation 7 days before the beginning of hire the full rental shall be due.
Postponement of an agreed date shall be regarded as a cancellation.
9.11.2 For non commercial customers the contract is only entered upon once the 50% non refundable deposit is received. If the customer cancels the event thereafter no refund will be made and the 50% non refundable deposit is retained by CBSVL.
10.2. RECEIPT
10.2.1. 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 CBSVL carrier
10.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by the Customer or a duly authorised person on behalf of the Customer on the delivery document and the Customer shall give written confirmation to CBSVL within three days of delivery
10.2.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by CBSVL unless condition 10.2.2. is observed
10.2.4. This condition does not affect the statutory rights of the Customer
10.3. PRICE
103.3.1. 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 goods were ordered the Customer will be advised prior to delivery
10.3.3.2. All quotations are valid for a maximum of 15 calendar days, after which the quote will be void and retracted from offer.
10.4. PAYMENT
10.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within the terms on the invoice
10.4.2. Where no such facilities have been granted payment will be with order or where previously agreed on delivery
11.2. LIABILITY
11.2.1. CBSVL liability for any defect in the equipment shall be limited to and in no case 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 CBSVL discretion a credit note against further services.
11.2.3. Consequential losses
Nothing in these terms and conditions shall make CBSVL 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 any part thereof or any breakdown or stoppage of the same
11.3. INJURY TO PERSONS AND DAMAGE TO PROPERTY
11.3.1. Subject to 11.2. above CBSVL shall not be liable for any loss other than that which directly 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 CBSVL
11.4. RIGHTS RESERVED
11.4.1. Any failure by CBSVL to enforce any or all of these conditions shall not be construed as a waiver of any of CBSVL rights hereunder
11.4.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms
11.5. TERMS OF CONTRACT
11.5.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
11.6. DELIVERY AND CARRIAGE
11.6.1. All times quoted or stated for deliveries are approximate only shall not be liable for any delay in delivery of the Equipment howsoever caused.
11.6.2. Hire charges or sale prices do not include carriage. Any expenses incurred by CBSVL in delivery or recovering equipment or attempting the same will be paid by the Customer
11.6.3. Where carriage charges are quoted by CBSVL such charges will include only for the time to load or unload alongside the CBSVL vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer
11.6.4 CBSVL reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.
11.6.5 CBSVL shall not be held liable for any damage incurred to a customer vehicle when loading\unloading or for the safe and secure loading of their vehicle.
11.7. COPYRIGHT
11.7.1. CBSVL 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 the copyright holder he will infringe copyright and may become liable in damages for so doing
11.7.2. 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 equipment for the said purpose
12. CONSULTANCY
12.1. All consultancy work carried out for clients is chargeable to a minimum of an hour block. This includes on site works, off site work, researching, reviewing and developments and any time spent on the project in any capacity, or any work carried out for the benefit of the company / project.
12.2. All emails sent will be charged at a unit time 10 minutes minimum.
12.3. All telephone calls engaged will be charged at a minimum of 10 minutes or the total call time whatever is greater and rounded to 10 minute blocks
12.4. Where a X hour day rate is quoted this equates to X single hour segments and will be used for the purposes per 12.1, the day rate is the maximum amount of hours engaged in the consultancy in any one day period.
12.4.1 Unless specified any engagements and consultancy is on an on going basis and charged on the basis broken down in 12.4 and until the customer requests the consultancy stops.
12.5. All information is provided as guidance on and not mandatory or enforceable, we cannot be held liable for non compliance with law, operating procedures. Information is provided without prejudice
12.6. All invoices provided will clearly outline time spent and a summary of the work carried out to warrant the time.
12.7. Payment not made within the invoice time, or disputes over invoice details will result in immediate termination of services. Final invoices will be issued to cover any time used on the project and to be paid within the invoice time.
12.8. Materials needed purchasing for demonstration of projects to help clients understand the outcome and project will be charged and categorised as part of development and researching process, this includes purchasing additional services, licenses and hiring of materials and or persons.
12.9. Consumables and reasonable expenses such as travel, accommodation are to be covered by the client. All details will be clearly disclosed and their purpose and may be incurred without prior notice.
13 OUR CONTACT DETAILS
Our Office Address:
Unit 66 Greenway Business Centre
Harlow Business Park
Harlow
Essex
CM19 5QE
For any further information please email CBSVL Team at info@cbsvl.co.uk
14 HANDLING OF COMMUNICATION AND NON INTENT TO ENTER INTO A CONTRACT FOR A SERVICE OFFERED BY CBSVL, USE OF DATA / PERMISSION NOR LEGITIMATE INTEREST.
14.1. We reserve the right to charge for time wasted in handling sales emails, calls or otherwise unwanted communication if we have not requested first.
14.2. CBSVL does not consent to the use of it’s details without permission from the director.
14.3. Where a quoted “legitimate interested” is used as a reason deemed by the 3rd party to be acceptable for a cold call communication. We do not accept that any company with sales intent of services or goods is doing so for genuine “legitimate interest” in CBSVL’s benefit.
14.4. For all enquiries where it is assumed it is in our legitimate interest where we have not been consulted, we will charge a flat fee of £15 + VAT per email received and sent in reply to cover our administrative professional services cost. The costs will be refunded if the intention turns out to be legitimate.
14.5. Administration professional services costs will be invoiced and charged per section 11.
