Terms & Conditions

Terms and Conditions of Booking & Hire

Overview:

• You declare you are over the age of 18

• You must read and understand the following Terms & Conditions and by placing a booking, you agree to adhere to them.

• For certain hires, you may need to provide two forms of identification, one being a photo ID (passport, driving license etc).

• A security/booking deposit must be paid in full via bank transfer. We do not accept card payments.

Payment & Deposit:

A booking deposit of 25% is required to reserve equipment, crew, and logistical services for you, on the date(s) you require. Bookings made less than 14 days prior to the event date are required to pay the full hire fee to confirm the booking.

• Cancellations made over 30 days before your event will be subject to a 15% fee of the total hire (taken from the deposit).
• Cancellations made from 14-29 days before your event will be subject to a 50% fee of the total hire.
• Cancellations made less than 14 days before your event will be subject to a 100% fee of the total hire.
• Events that cancel at any time during the hire due to any reason will be subject to a 100% fee of the total hire.

We may also require a refundable security/damages deposit for certain hires.

Full payment is to be made a minimum of 14 days prior to the event.

Corporate credit cards are accepted subject to merchant fee’s.

Prices & Equipment Returns:

All prices are quoted per 24 hours (unless otherwise stated) meaning that from the time of collection/delivery you have 24 hours to return the item and collect your security deposit*. Late returns (2 hours) are charged at a full days hire, this is taken from your security deposit. It is up to the hirer to return any lost items, if a lost item is not returned, a subsequent charge will be taken for the hire until the items are returned.

​Introduction:

This document is issued by Pro Audio Visual, to describe the terms and conditions of hire of the Company’s equipment for concerts, events, and other performances, where provided without personnel – ‘Crew’ This document is the Terms & Conditions of Dry Hire in full, laying down the contractual agreement between Pro Audio Visual and the Hirer.

Definition of expressions used:

“Hire” – This expression refers to the arrangement to use equipment supplied by the Company at an event. The period of Hire under these terms is usually one or more days and rates applied may be quoted as ‘the Hire Cost’ or ‘the Daily Rate’, or ‘the Weekly Rate.’

“Hirer” – The person, company, department or other body who has ordered and/or accepted goods or services from Pro Audio Visual.

“The Equipment” – All items of equipment and or services accepted by the hirer along with any other items and or services included or implied whether specified or not.

“Owner/The Company” – Pro Audio Hire ltd T/A Pro Audio Visual

Provision of the Equipment:

1. Pro Audio Visual agrees to supply you with the equipment and rigging described in the hire agreement for the hire period.

2. All equipment is supplied in full working order and any defective or incorrect items will be replaced promptly by Pro Audio Visual if notified immediately upon receiving the equipment.

3. Equipment remains the property of Pro Audio Visual. In the event of a breach of any of these conditions, Pro AudioVisual may terminate the arrangement and repossess all their Equipment. Re-hire is not allowed by the Hirer without advanced written permission.

Principal Exclusions:

4. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:

4.1. Equipment (other than shown in the hire agreement)

4.2. Transportation of equipment further than 5 miles from our address. All equipment should be delivered/collected and collected/returned at the end of the hire period.

4.3. Pro Audio Visual will, at its sole discretion, charge the Hirer for any equipment lost, stolen or damaged as described in Paragraphs 5 and 6 below (Responsibilities of the Hirer) whether or not this is covered by the insurance policy taken out by the Hirer.

Responsibilities of the Hirer:

5. The Hirer assumes full responsibility for the Equipment from the time of checking out until checking in. The hirer is responsible for checking the equipment upon arrival to ensure the equipment is correct. The hirer must have adequate insurance cover including public liability, and theft/damage of the equipment. The hirer is responsible for the safekeeping of the equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The hirer is responsible for providing suitable and adequate security arrangements for the safekeeping of the equipment during the period of hire. The hirer is responsible for checking equipment for defaults upon receiving and notifying Pro Audio Visual. The hirer must take all necessary steps (at its own expense) to retain possession and control of the equipment and in the event of losing possession or control will take all necessary steps to recover the equipment.

5.1. Items of equipment are not to be used, and the Hirer will not permit them to be used, for any purpose for which they are not expressly designed.

5.2. Equipment is not to be altered or modified in any way.

5.3. Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of Pro Audio Visual.

7. The cost of replacing or repairing damaged Equipment will be paid in full by the Hirer. Equipment lost, damaged or modified will be charged for at full hire rate until the loss is settled in full.

7.1. Examples of loss/damage /modification include (but are not limited to) the following:

• Damage by persons known or unknown, including audiences and artists

• Damage or loss caused by inadequate handling by third parties (including local crew)

• Damage by adverse weather conditions including water damage

• Loss due to theft on site or in transit

• Loss or damage during transportation

• Modifying cables by cutting and/or re-wiring plugs/sockets

8. Liability: Equipment is supplied on the understanding that it be competently installed and operated by the Hirer. Pro Audio Wales is covered by a £5,000,000 Public Liability insurance policy but it is recommended that the hirer takes out an adequate insurance policy for the hire.

9. Competent Personnel: Where certain hire Equipment requires specialist technical knowledge or training for the safe or effective installation and or operation, the hirer will be required to appoint competent personnel to operate the equipment. If this is not possible then Pro Audio Visual can supply a competent crew member to supervise for the duration of the hire, this will be charged for in addition to the high rate.

10. Local Licenses: The hirer is solely responsible for obtaining any license, qualification, or other authority, which may be required for the safe and legal operation of the Goods hired and agrees to abide by all legal guidelines relating to the installation and operation of the Goods.

11. Sound Pressure Levels: High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Certain pieces of equipment provided by Pro Audio Visual can and does produce high enough sound pressure levels to cause permanent hearing damage. Pro Audio Visual cannot accept liability for any individual’s failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the hirer to ensure the safety, with regard to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

12. Event Licencing. The hirer is solely responsible for obtaining any license required to operate the event where Pro Audio Visuals equipment is being used. This includes TENs or premises license, PRS/ PPL/Royalties licensing required to show the film and/or music. Should Pro Audio Visual discover an event does not have the necessary licensing, equipment will be removed off-site and all hire fees’s lost.

13. Hire Location. The hirer is responsible for proving a suitable venue including buildings and grounds.

Hire Periods, Charges and Payments:

14. Hire Period: Hire charges are calculated from the date of collection / delivery to the date of return to Pro Audio Visual. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of Equipment may vary from our rate card or as advertised on our website and cannot be guaranteed for periods of extension.

12. Hire Charges: Hire charges are based on daily rates, with the period of hire starting from the time of checking out by Pro Audio Visual, to the time of checking in.

15. Weekly Hire: The normal weekly hire rate is a multiple of 3 (three) times the daily rate. Goods checked out during operating hours on day 1, must be returned before 7.00pm on the 7th day of hire, or a second week’s hire will be incurred.

16. Payments: Payments must be made in full with cleared funds before checking out. Accepted payment types: Cash, PayPal, Bank Transfer or Credit/Debit card.

16.1. All overdue invoices will incur an admin/late payment fee of £15 or 15% (which ever is greater) per week until the invoice and all admin/late payment fees are settled in full. Under certain circumstances, we may allow an extension but written permission must be granted before the invoice is due.

16.2 Guarantees against equipment loss or late return: Hirers may be required to leave valid debit or credit card details with the Company as a payment guarantee in the event of a loss or late return. Card details must be valid at least up until the agreed hire finish date. Pro Audio Visual reserves the right to charge the hirer the full replacement cost relating to any loss of equipment. The hirer will have seven days to return any lost equipment before any charge is taken. If the equipment is returned within the seven days, a charge will be taken for the subsequent hire. By signing the agreement the hirer accepts that such a charge will be taken in these circumstances and agrees to ensure that sufficient funds are available on the submitted card.

17. When equipment is it be delivered to site by Pro Audio Visual the hirer must provide suitable parking for loading equipment, and storing the vehicle whilst the event is taking place. If no parking is provided, Pro Audio Visual may charge a fee to cover suitable parking close to the venue. If the loading bay is more than 50m away from the venue loading door and/or has steps, the hirer will need to notify Pro Audio Visual of this as it may require extra staff to move equipment.

General Terms and Provisions:

18. Contract of Hire: The placing of an order for equipment by the Hirer or the issuing of a sales invoice by Pro Audio Visual constitutes a contract that binds the Hirer to accept these conditions.

19. Termination: Pro Audio Visual may terminate the hire contract under these terms and conditions:

Hirer:

19.1. Fails to pay any Rentals or other sums payable under these conditions in full within 14 days of such sums becoming due (whether demanded or not)

19.2. Commits a breach of any of the other terms and conditions of the contract (whether express or implied)

19.3. Does or causes to be done anything, which in the opinion of Pro Audio Visual may jeopardize Pro Audio Visual’s rights in the Equipment.

19.4. Is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired equipment, or against any premises where the equipment is, or against any of the Hirer’s goods or other property, or the hirer permits any judgement against it to remain unsatisfied for seven days.

19.5. Suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order

19.6. Enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act, or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts.

20. Sales of Equipment.

No goods shall pass from Pro Audio Visual to the customer until payment has been received in full. The customer is responsible for the goods from the time of delivery and liability to insure the goods then rests with the customer.

All products are subject to availability.

All products are covered by manufacturer’s warranty.

All shipments in transit from Pro Audio Visual are covered by carrier’s insurance.

In most cases the Customer’s signature will be required at time of receipt and goods cannot be left without a signature.

Claims for nondelivery, missing items, incorrect or damaged goods must be made within 7 working days of delivery. Claims will not be accepted after this time. ‘Dead on arrival : Goods found to be faulty from new can be returned for replacement or refund. The customer must notify Pro Audio Visual within 7 days of receipt of the goods. The faulty goods will then be collected by a Pro Audio Visual courier.

All illustrations and product descriptions featured in our advertisements, website or brochures are correct at the time of going to press or web pages going ‘live’. Any changes to the products will be mentioned on the website or at the time of ordering by mail order.

In the event of delayed delivery or faulty goods, we can accept no responsibility for loss of earnings or event cancellations, which depend on the products in question arriving by a certain date.

The following terms apply to mail order consumers as defined in the Consumer Protection (Distance Selling) Regulations (“Regulations”).

With the implementation of the EU Consumer rights directive, consumers in the UK now have 14 days to exercise their right of withdrawal from a distance contract or off-premises contract (including internet sales) without the need to justify and at no cost (except supplementary costs and return carraige fee’s) A refund will be then be made to the customer’s original payment method.

A) If a consumer exercises his/her right to cancel a Contract, Pro Audio Visual shall, in accordance with the Regulations, reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation, provided that the consumer shall not be entitled to a prepayment in the event that:

A1) he/she does not take reasonable care of the Goods either prior to cancellation of the Contract or, following cancellation, while the Goods remain in the possession of the consumer. For the purposes of this sub-clause A1, a consumer shall be deemed not to have taken reasonable care of the Goods if such Goods are not kept packed in their original box, with all accessories, manuals and cables and the internal or external packaging is defaced or damaged in any way; or

A2) the Goods are marked, damaged or not in the same condition in which they are sold.

The returned items HAVE to be received back to us in A1 100% resaleable condition.

The consumer is responsible for the cost of returning any unwanted items, or will be responsible for the direct cost of collection of such items, original shipping costs of £10 will be deducted from the refund. If we receive your item back not in the condition that it was sold there will be up to a 25% restocking fee depending on the condition it is received back to us.

These terms and conditions do not affect your statutory rights.

Note On Special orders. Some equipment is built to order by the manufacturer. Once orders are placed, there will be a 10-15% cancelation fee. This covers any works already undertaken or costs accrued by Pro Audio Visual, Supplier, or Manufacturer.

19. Force Majeure: Pro Audio Visual is not liable for any failure to supply a product or service where that failure is caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, natural disasters and acts of God.

20. English Jurisdiction: All agreements, contracts and transactions entered into with Visual will be bound and governed by English Law. This document supersedes all previous terms and conditions of hire.