|
|
Koncept
Productions Terms and conditions
|
|
|
I know, it's the boring bit, but at Koncept we are committed
to providing the best in safe and reliable customer service. Below
are our complete terms and conditions. We do ask that you read
them, but please note they are not all specific to bouncy castles and disco parties. |
|
|
|
|
Definitions
|
|
1.1
|
"The Equipment" Shall
mean the goods, components and other item hired or sold by Koncept
Productions and 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
|
"The Seller" Shall Mean
Koncept Productions. Martin Ruff, 22 Grange Drive, Stotfold, Hitchin,
Herts, SG5 4NJ
|
|
1.4
|
"Consequential loss"
Shall mean loss of profits, contracts or other consequential loss
or damage whatsoever "Interest" Shall mean interest calculated.
|
|
1.5
|
"The Contract" Shall
be interpreted and applied in accordance with English law and the
parties to this contract agree to the exclusive jurisdiction of English
law
|
|
1.6
|
"The Contract" Shall
be interpreted and applied in accordance with English law and the
parties to this contract agree to the exclusive jurisdiction of English
law
|
|
1.7
|
" The Event" Shall mean
the service or performance agreed to in writing by Koncept Productions
on a given date and time.
|
|
1.7
|
" VAT" Value Added Tax - Koncept Productions Ltd are registered for VAT (GB339 1941 82) and
are required to charge an additional 20% in VAT on all services. This amount is already
included in all prices shown on this website. For bespoke servies VAT is calulated seperately and
clearly shown on all quotations.
|
|
Hire Terms
|
|
Audio Visual Equipment Charges
|
|
2.1
|
Hire charges commence
from the date stated in the contract and are payable for the period
of hire
|
|
2.2
|
Payment in full by cash
or cheque is due on or before the collection/delivery of the equipment,
There may in some cases be an additional deposit of 25% (of the total
price, Inc delivery) required before any equipment may leave the care
of Koncept Productions. This deposit will be refunded on the safe
return of all the equipment in accordance with these conditions.
|
|
2.3
|
Equipment must be returned
by 12 noon on the date specified in the contract in a clean and serviceable
condition and the customer must obtain a suppliers receipt . (Excludes
Inflatable Hire)
|
|
2.4
|
Additional charges accrue
at the full daily rate together with consequential loss in the breach
of these conditions or the equipment not being available for use by
other customers
|
|
2.5
|
All cables must be returned
neatly coiled and secured with PVC Tape (or attached Velcro strap,
if fitted). Failure to do this will result in a re-coiling and taping
charge of £2 a cable.
|
|
2.6
|
Koncept Productions Provides
spares lamps and fuses with equipment where appropriate. These and
any lamps and fuses they replace must be returned with the equipment
and in default there full replacement cost will be charged
|
|
2.7
|
A cancellation fee of
up to 25% (of the total price, Inc delivery) will be required if cancellation
is made with in 14 days of the date of the hire commencing. This applies
to all orders confirmed in writing at least 21 days in advance of
the date of the hire commencing.
|
|
2.8
|
All charges are payable
on demand
|
|
Hire Period
|
|
2.9
|
The hiring period commences
at the time as stated on the date specified in the contract and continues for
the period specified in the contract and terminates at the time stated on
the last day of the hiring period
|
|
Power To Enter This Contract
|
|
2.10
|
The signatory on the
contract warrants that they are duly authorised on the customer's
behalf to enter into the contract and hereby personally indemnify
Koncept Productions against all losses and costs that may be incurred
if this is not the case.
|
|
Customer's Responsibilities
|
|
2.11
|
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 Koncept Productions unqualified receipt for the return of all of
the equipment
|
|
2.12
|
The customer shall not
at any time dispose or otherwise part with control of the equipment
or attempt to do so
|
|
2.13
|
The signatory to the
contract and the customer jointly and severally undertake with Koncept
Productions that anyone 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 miss used.
|
|
2.14
|
The Customer will at
all times fully indemnify Koncept Productions 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
|
|
2.15
|
Nothing in this clause
shall effect the statutory right of the customers or purport to exclude
any liability which may not exclude the Unfair Contract Terms Act
1977
|
|
Electrical Equipment
|
|
2.16
|
Any electrical equipment
should be used with the plugs and/or sockets provided
|
|
2.17
|
If other plugs and sockets
are to be fitted by the customer such work shell be carried out by
a competent person who shall also reinstate the same to the original
condition prior to redelivery
|
|
2.18
|
The customer shall be
responsible at all times to arrange proper supply of electricity for
use with the equipment and ensure that the equipment shall at all
times be earthed
|
|
Equipment And Maintenance
|
|
2.19
|
The customer shall ensure
that the equipment remains serviceable and clean during the hire period
|
|
2.20
|
Any breakdown or unsatisfactory
working of equipment shall be immediately notified to Koncept Productions
|
|
2.21
|
The customer shall under
no circumstances attempt to repair the equipment without authorisation
from Koncept Productions
|
|
2.22
|
Any damage or unsatisfactory
equipment must be returned to Koncept Productions premises for examination
at the customers cost
|
|
2.23
|
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 Koncept
Productions immediately
|
|
2.23
|
Equipment must not be
removed from any site originally specified by the customer or from
any subsequently authorised site without prior consent of Koncept
Productions
|
|
Compatibility of Equipment
|
|
2.25
|
The customer shall ensure
that the equipment is compatible and may safely be used with any other
equipment being used by the customer
|
|
2.26
|
The Customer shall ensure
that the equipment is suitable for their purposes
|
|
Insurance
|
|
2.27
|
The customer agrees to
pay Koncept Productions the full retail cost of any equipment lost,
stolen or damaged beyond repair (without deduction for wear and tear
or age)
|
|
2.28
|
The customer shall insure
the goods against the above liability
|
|
2.29
|
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 Koncept
Productions on demand to the extent that any such payment is due under
this clause
|
|
2.30
|
The customer shall not
compromise or settle any claim without the express consent of Koncept
Productions
|
|
2.31
|
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.
|
|
Condition of Returned Equipment
|
|
2.32
|
The customer is fully
responsible for care safe keeping and return in good order of the
equipment
|
|
2.33
|
The customer will reimburse
all costs incurred by Koncept Productions 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 rectification
|
|
Termination of Hire
|
|
2.34
|
Koncept Productions shall
be entitled to terminate the contract with immediate effect and to
repossess the equipment if at any time:-
|
|
2.35
|
(a) The Customer is in breech 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 Koncept Productions in doubt.
Such termination shall not affect the right of Koncept Productions
to recover from the customer any monies due under this contract
interest consequential loss or damage for breach
|
|
2.36
|
The customer hereby authorises
Koncept Productions to enter upon property which Koncept Productions
reasonably believe any equipment to be and Koncept Productions in
there absolute discretion may recover and remove the equipment
|
|
2.37
|
The customer hereby authorises
Koncept Productions (notwithstanding any subsequent instruction to
the contrary after the date of the commencement of the contract) to
deduct any sums properly due to Koncept Productions arising under
a breach of these terms from any credit card debit card or charge
account details of which are in the possession of Koncept Productions
|
|
2.38
|
Although Koncept Productions
shall use all reasonable endeavors to discharge its obligations under
a contract in a prompt and efficient manner, Koncept Productions does
not accept responsibility for any failure or delay caused by circumstances
beyond its control.
|
|
Conditions As To Sale
|
|
Risk In Sale
|
|
3.1
|
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
|
|
3.2
|
Property and title in
the equipment shall remain vested in Koncept Productions and Koncept
Productions reserve the right to dispose of the equipment until such
time as the price shall have been paid in full
|
|
3.3
|
If any part of the payment
is overdue or if the customer is in breach of any of these terms or
if the customer or any third party shall take any steps or any act
or proceeding in which in the view of Koncept Productions the customers
solvency in doubt Koncept Productions may ( without prejudice to any
of Koncept Productions other rights) recover or resell the equipment
and may enter upon the customer's or third parties property for that
purpose
|
|
Receipt
|
|
3.4
|
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 precedence of Koncept Productions carrier
|
|
3.5
|
Any shortage of or unsatisfactory
equipment shall be endorsed by the customer or duly authorised person
on behalf of the customer on the delivery document and the customer
shall give written conformation to Koncept Productions within three
days of delivery
|
|
3.6
|
No claim in respect of
shortage of or unsatisfactory condition of the equipment shall be
entered by Koncept Productions unless Condition 3.5. Is observed
|
|
3.7
|
This condition does not
affect the statuary right of the customer
|
|
Services
|
|
Discos & Karaoke Services
|
|
4.1
|
Koncept Productions will
provide the disco and/or Karaoke and will make every effort to provide
the music which the customer requires.
|
|
4.2
|
It is the sole responsibility
of the customer to ensure the good conduct of their guests towards
the DJ's and their assistants. If at any time before or during the
function our DJ's deem their persons or property to be under threat,
verbally or physically, Koncept Productions reserve the right to terminate
the disco without notice. In the event of this happening refunds are
not applicable.
|
|
4.3
|
Koncept Productions offers
the service of taking requests providing that the guests address our
staff politely and with respect.
|
|
4.4
|
Upon the conclusion of
the function Koncept Productions will require approximately sixty
minutes to pack our equipment and vacate the premises.
|
|
4.5
|
At no time during the
Disco/Function/Entertainment should the relationship (Numbers) of
Parents/Guardians to minors be greater than 1 adult to 10 Children
as it is the customers responsibility for the heath and safety of
those children (under 18 years old).
|
|
4.6
|
Payment of a non-refundable
deposit for the event must be made within 10 days of Koncept Productions
sending the customer a confirmation letter. Payment can be made by
cash or cheque (cheques payable to Koncept Productions). If Koncept
Productions has not received the deposit within this time period we
reserve the right to accept other enquiries and/or bookings. The balance
is payable either up to 7 days in advance of the disco by cheque,
or after that by cash (this could be on the day of the disco) before
the disco starts.
|
|
4.7
|
The cost of the disco
will be discussed and agreed between Koncept Productions and the customer.
The cost may include extras (such as extras to the sound or light
system for a larger venue) - all these details will be given in a
written quote. All payments are to be made to Koncept Productions
in advance before the start of the event.
|
|
4.8
|
It is the responsibility
of the customer to ensure that the venue has a suitable music licence
and that the times agreed for the disco do not breach that licence.
It may be necessary for the venue to have other licenses, such as
PPL (Phonographic Performance Ltd on) licence (www.ppluk.com) or the
Performing Rights Society (www.prs.co.uk). Koncept Productions recommends
that the customer discuss licencing issues with the venue. Koncept
Productions cannot be responsible for any breach of licensing laws.
|
|
4.9
|
When DJ's/Sound engineers
are expected to operate at a function lasting five hours or more,
the customer should provide adequate food and soft drinks for the
DJ's/sound engineers during the course of the function.
|
|
4.10
|
Koncept Productions needs
a minimum of one hour to set up the equipment in order to be able
to start at the agreed time. It is agreed that the venue will be available
for this hour for setting up purposes. It is the responsibility of
the customer to make the necessary arrangements at the venue for Koncept
Productions to have access to the venue for this purpose. Koncept
Productions will move all their equipment away from the venue as quickly
as possible after the event has finished and will make every effort
to leave the area they have been using in the same state as it was
at the start of the event.
|
|
Inflatable hire
|
|
5.1
|
The Customer is deemed
to be in possession of the equipment from the agreed time of delivery
until the time the equipment is collected.
|
|
5.2
|
The Customer will, during
the period of the hire, be responsible for the supervision of the
equipment, its care, safety from damage however slight of any sort,
and behavior of all persons of all ages using the equipment whatever
their capacity, including proper supervision of children to ensure
children under school age use the equipment separately to older children
or adults.
|
|
5.3
|
The maximum age allowable
to use this equipment is clearly stated on the hire agreement and/or
delivery document. Failure to observe this limit at any time during
the hire period will render the Customer liable for any cost relating
to injuries or damage.
|
|
5.4
|
All persons using inflatable
equipment and sumo suits must be physically fit, with no history of
heart conditions or back injury or supporting a plaster cast. No persons
using or supervising any equipment should be under the influence of
alcohol and/or drugs.
|
|
5.5
|
The Customer is solely
responsible for making certain that the equipment is safe for use
at all times. If an incident should arise that makes the Customer
unsure over the safety of the equipment then the Customer should stop
all activities and remove all persons from the equipment, disconnect
the equipment from the electric mains and seek advice from Koncept
Productions Immediately.
|
|
5.6
|
At no times during the
hire period should any person climb, sit or lay on the walls of any
inflatable or hang from beams or supports.
|
|
5.7
|
The Customer shall not
use the equipment for any purpose other than that described in the
hiring agreement, and shall not sub-hire or use the equipment or allow
the equipment to be used for any unlawful purpose or in any unlawful
way, nor allow anyone onto the equipment wearing shoes, spectacles,
carry shape objects, key rings, metal studded clothing or any similar
items which could harm damage to other or damage to the equipment.
No food or drink is to be taken onto or consumed on the equipment.
No party poppers, coloured streamers or silly string should be taken,
thrown or sprayed onto the equipment, these substances cause permanent
damage to the materials of the equipment and the Customer will be
liable to Koncept Productions in the event of damage.
|
|
5.8
|
The Customer shall be
deemed to have inspected the equipment (accessories and/or Trailer(s)
if supplied) and to have agreed that it is supplied complete and in
good condition unless he/she brings to the attention of Koncept Productions,
when it is checked by the Customer when coming into possession of
the equipment, any faults noted by the Customer. If any equipment
is interfered with, relocated, or adapted while in the possession
of the Customer the liability for these actions stands solely with
the Customer. Koncept Productions can accept no responsibility for
injuries, damage or any other loss howsoever caused.
|
|
5.9
|
Unless otherwise agreed
in writing the hire period is from the time stated on the confirmation
agreement and delivery document to the the agreed collection time
or after at the discretion of Koncept Productions. Any obstruction
by the customer or their guests/employees causing unnecessary delay
will be charged at £35 per hour or part hour, this also applies where
ball pool balls are not bagged and ready for collection.
|
|
5.10
|
Public liability insurance
is excluded in its entirety following any claim or injury to any third
party or employee whether Directly or indirectly related to the use
of alcohol and/or drugs. Koncept Productions excludes any liability
for injury, loss or damage caused to any person using the equipment
contrary to the terms and conditions of this contract.
|
|
5.11
|
Provided that the equipment
is used in accordance with the above guidelines and conditions of
hire, those using the inflatables and sumo suits should do so safely.
However, accidents can happen. Koncept Productions can accept no responsibility
for injuries sustained, damage, or any other loss, howsoever caused,
in the absence of the negligence of Koncept Productions and its staff.
As the equipment will be in the Customers possession and control whilst
in use rather than Koncept Productions, any liability for injury,
loss or damage caused other than in the circumstances described above
rests with the Customer. Accordingly it is strongly recommended that
the Customer has adequate Public liability insurance covering his
or her liability arising from the use of the equipment.
|
|
5.12
|
Unless otherwise stated
Koncept Productions needs a minimum of thirty minutes to set up the
equipment in order to be able to start at the agreed time. It is agreed
that the venue will be available for this hour for setting up purposes.
It is the responsibility of the customer to make the necessary arrangements
at the venue for Koncept Productions to have access to the venue for
this purpose. Koncept Productions will move all their equipment away
from the venue as quickly as possible after the event has finished
and will make every effort to leave the area they have been using
in the same state as it was at the start of the event. Koncept Productions
will, unless otherwise stated, require a minimum of thirty minutes
to pack away the equipment and vacate the venue.
|
|
5.13
|
Koncept productions require
a minimum of three feet wide clear access from the road, driveway
or car park to the site were the inflatable is to be located. Koncept
productions are not liable for any damage that may be caused to the
customers or third parties property if there is less than three feet
clear level access to the site from the delivery vehicle. The Customer
is responsible for ensuring this is provided.
|
|
All Services
|
|
6.1
|
Although every endeavor
is made Koncept Productions cannot guarantee to supply specific Inflatable,
sound, lighting, visual or special effects equipment.
|
|
6.2
|
a) All services Excluding Inflatable Hire.
This agreement is between
Koncept Productions and the customer of Koncept Productions. This
agreement applies from the time we receive the signed agreement confirmation
(and deposit payment, if applicable) for the hire of Koncept Productions
until completion of the contract between Koncept Productions and the
customer, which, unless otherwise stated, shall be one hour after
the end of the event.
b) Inflatable Hire
This agreement is between
Koncept Productions and the customer of Koncept Productions. This
agreement applies from the time we receive the customers hire request and respond with confirmation in writing, via post or email,
for the hire of Koncept Productions services as stated
until completion of the contract between Koncept Productions and the
customer, which, unless otherwise stated, shall be one hour after
the end of the hire period/event.
|
|
6.3
|
Failure to act upon provisions
4.6 and 6.2 without prior agreement with Koncept Productions will
result in the immediate termination of this contract without further
notice. This may also mean the immediate removal of equipment, which
may have already been set up.
|
|
6.4
|
The customer is responsible
for the actions of the people attending the event (other than those
employed by Koncept Productions or those employed by the venue) and,
as such, is responsible for any damage that might occur to equipment
owned by or hired to Koncept Productions. Any such damage to said
equipment must be paid for by the customer at the full replacement
cost.
|
|
6.5
|
The following cancellation fees
are applicable:
- Cancellation more than 28 days
prior to the date of the event - No cancellation fee
- Cancellation between 8 and 27
days prior to the date of the event - 25% of balance payable
- Cancellation between 0 and 7
days prior to the date of the event - 100% of balance payable
All of these cancellation fees are
on the basis that any deposits paid for the event/hire are non-refundable.
|
|
6.6
|
All details regarding
the accessibility of the function room/site are to be provided by
the hirer. If upon our arrival to the venue we find the access is
not as previously discussed we reserve the right to apply a surcharge
of £50.00 to account for the extra work involved. Payment is required
before we remove any equipment from our vehicles.
|
|
6.7
|
It is the customer's
responsibility to ensure that the venue is properly equipped with
at least two standard double 13 amp 230/240volt electrical sockets
within 5 metres of the performance area (25m of the site for inflatable).
|
|
6.8
|
In the unlikely event
that Koncept Productions are delayed from starting a performance due
to events beyond our control, the customer is still liable for the
full balance outstanding.
|
|
6.9
|
It is responsibility
of the customer to inform Koncept Productions of any restrictions,
i.e. Noise Limiters - Time Restrictions - Smoke Detectors, Height
Restrictions for vehicles etc.
|
|
6.10
|
The parties hereto agree
that in the event of loss of performance due to power or equipment
failure, Koncept Productions shall be under no liability whatsoever,
although reasonable precautions will be taken to safeguard the interests
of the customer at all times.
|
|
6.11
|
We strongly recommend
that the customer take out Insurance to cover All eventualities.
|
|
6.12
|
Koncept Productions will
abide by these terms and conditions of hire. It is the responsibility
of the customer to read and understand these terms and conditions
before Signing any agreement to indicate their acceptance of the terms
and conditions.
|
|
6.13
|
The terms and conditions
are binding on both parties. In the event of any dispute which cannot
be settled between the two parties, an independent arbitrator will
be chosen by both parties and the judgment of that arbitrator will
be binding on both parties. The cost of appointing such an arbitrator
will be equally borne by both parties.
|
|
6.14
|
|
|
Koncept Productions holds
the right to review and alter these Terms and Conditions at any time
without notice. Last updated January 2013.
|
|
|
|
Koncept Productions.
Martin Ruff, 22 Grange Drive, Stotfold, Hitchin, Herts, SG5 4NJ
|
|
|
|
|
These terms and conditions
are available in larger print on request
|
|
|
|
|