Sound Services Ltd Terms & Conditions And Certificates

TERMS and CONDITIONS FOR HIRE and SALE OF GOODS and SERVICES

1). These terms relate to the hire of items and accessories (‘equipment’) the hire of services and expertise (‘services’) and the sale of goods (‘goods’).

The Parties to this agreement are;-

1.1.1. The person or persons, firm Company or other organisations hiring the Equipment and/or services and /or the purchase of goods and/or services (‘Customer’)

1.2. Sound Services Limited (trading as Sound-Services) whose Registered Office is situate at 17 Court Yard Eltham London SE9 5PR (‘Sound-Services’)

2). General.
The Customer hereby declares:-
2.1 that if hiring on behalf of a business or organisation the customer has the necessary authority to enter into this contract on behalf of that business or organisation and the Customer will indemnify Sound-Services against all losses and/or expenses which may be incurred by sound-services arising out of any breach of this clause by the Customer.
2.2. that the Customer is of eighteen years of age or more

2.3.that the Customer is not insolvent, bankrupt or otherwise precluded from entering into this agreement or to perform the obligations contained herein.

3). Contract

3.1. An order for hire or purchase of goods and/or services may be placed in person or by phone email or fax or mail.

3.2 Upon receipt of such order Sound Services will provide the Customer with an order quote confirming the total price of the hire and /or cost of the Goods and/or services requested including delivery, set up and/or installation charges where appropriate.

3.3. The Parties shall enter into contractual relations once the Customer has paid the minimum deposit as stated in the order quote such payment being accepted by Sound-Services as communication to it by the Customer of acceptance of Sound-Services’ offer.

4). Hire Charges

4.1 All hire charges and associated costs will be as shown in the order quote and will be applicable for the duration of the contract.

4.2. All hire equipment must be maintained in the same working condition and appearance and state of repair as they are at the time of hire and in default of so doing the customer shall pay to Sound-Services on demand the cost of putting the same in such condition appearance and state of repair as aforesaid howsoever any damage may be caused. Where Sound-Services is the holder of a Customer deposit Sound-Services reserves the right of set off against those funds in respect of any such damage as aforesaid and to appropriate such deposit accordingly.

4.3.All hire Equipment must be returned to Sound-Services operating address by 12:00 noon on the return day as stated in the order quote. The Customer will be liable to pay daily hire rates (as published from time to time on Sound-Services website) on any Equipment not returned on time and hereby indemnifies Sound-Services against any loss claim or damages it may face resulting from the Customers late return of Equipment.

5.) Risk Ownership and insurance of Goods/Equipment.

5.1. Risk in the hire Equipment will pass immediately to the customer when the hire Equipment leaves the official possession or control of Sound-Services and risk in the hire Equipment will not revert to Sound-Services until the hire Equipment is back in the physical possession and control of Sound-Services.

5.2. Title in the hire Equipment remains at all times with Sound-Services. The Customer hereby acknowledges that the Customer has no right, title or interest in the hire Equipment. Nothing in this agreement prevents the Customer from using the hire Equipment as a hirer and in strict accordance with the terms of this agreement.

5.3. The Customer must not, whether by himself or through agents or assigns interfere with the ownership or any interest in the hire Equipment. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting any purported right to withhold, disposing of and/or lending.

5.4.Sound Services may at its sole discretion;-

5.4.1 provide insurance in respect of the hire Equipment at an additional cost to the Customer

5.4.2 require the Customer to insure the hire Equipment on such terms as Sound-Services may reasonably specify. Where Sound-Services exercises it’s right to require such insurance, the Customer must notify the insurer of Sound-Services’ interest in the hire Equipment and shall hold in trust for Sound-Services and pay to Sound-Services on demand any proceeds of such insurance that relates directly to the hire Equipment.

5.5.Ownership of any Goods purchased from Sound-Services by the Customer shall not pass to the Customer until Sound-Services has received in full and in cleared funds all sums due to it in respect of such Goods and any services relating to such Goods including but not limited to installation and delivery costs and/or including any sums due to Sound-Services from the Customer in respect of any other transaction or transactions between the Parties.

6). Installation

6.1. Details of any installation and associated charges will be shown in the order quote. Sound-Services may request to carry out a free site inspection before installation and the Customer will agree to allow such access as Sound-Services reasonably requires for such purpose.

6.2. In the event that Sound-Services is unable to carry out installation due to any fault on the part of the Customer, Sound-Services reserves the right to charge for its time in connection therewith at the rates shown on the order quote.

7) Delivery.

8.1.All hire Equipment and/or Goods must be signed for by a person aged eighteen or over and that person must provide three forms of identity as more detailed in clause 8.3 hereof.
8.2.Equipment will be delivered in working order and in respect of hire Equipment, unless notified to the contrary and in any event no later than within 4 hours of delivery of the said Equipment, such Equipment will be deemed to be in good working order except for defects not detectable by reasonable examination.
8.3.In respect of Goods sold to a customer by Sound-Services, such goods will be deemed to be in good working order unless Sound-Services is notified to the contrary within a reasonable time of delivery and in any event no later than within 24 hours of delivery.
8.4.Estimated times of delivery will be stated in the order quote and Sound-Services will use it’s best endeavours to adhere strictly to such time estimates, however, Sound-Services cannot guarantee delivery at a specific time and not be liable for any loss or damage suffered by the Customer or anyone else arising out of any delay or failure to deliver within the estimated time frame.

8) Payment.

8.1Upon placing and order with Sound-Services for any of its services or for the purchase of Goods the Customer must pay to Sound –Services a sum equivalent to 20% of the total cost excluding vat of such services or purchase of Goods. Where such payment is to be made by cheque the same must be made payable to ‘Sound Services Limited’ and delivered to Sound-Services trading address to reach them no later than two weeks before the Equipment collection date or date on which Sound Services is to commence provision of any other of its services hereunder. In the event that such cheque does not clear for any reason whatsoever no Equipment and/or Goods or provision of any other services hereunder will be provided until the receipt of cleared funds.
8.2In relation to hire Equipment the Customer must pay to Sound-Services the full amount of the hire fee in cash or by valid debit card when signing the agreement and in any event before the Equipment is released to the Customer. The Customer must at the same time also pay a deposit to Sound-Services of £100.00 by debit or credit card (cash or cheque cannot be accepted) to be held against damage to the Equipment. Upon the return of the Equipment to Sound-services and upon the same being tested by Sound-Services and found to be in the same working order and condition as when the same was hired to the Customer the deposit will be returned to the card from which the payment was made. Where the Equipment is to be collected by anyone other than the Customer in person that other person must provide the deposit on a card in their own name name.

8.3
Prior to the release of the Equipment by Sound-Services the Customer must provide at least three forms of identification one of them must be either a photographic driving licence or a passport the other two must be a utility bill and a bank statement both of which must show the Customers current address (which must not differ from the address already given by the customer when placing the order) and neither of which must be more than three months old. Where the Equipment is to be collected by anyone other than the Customer in person that other person must provide the deposit on a card in their own name name.

8.4Sound Services may from time to time and at its sole discretion grant a credit account to the hirer. Where such facility has been granted then payment of any charges or other sums due hereunder shall be made in full within 30 days of the date of the invoice. Except where expressly agreed otherwise by Sound- Services in writing in the absence of a credit account the Customer shall pay all sums due under the contract in full upon placing the order for hire/sale of goods and/or services. Payment shall not be deemed to have been made until Sound-Services receives cleared funds. Payment by the Customer in accordance with the terms of the agreement is an essential condition of the contract.

8.5 Sound –Services reserves the right to charge the Customer interest on any overdue amounts owing toSound-Services in accordance with the Late Payment of Commercial Debt (Interest) Ac1988 at 4% above the Bank of England Base Rate. In such circumstances Sound-Services reserves the right to suspend further services to the Customer. The Customer shall be liable to indemnify Sound-Services against any reasonable legal fees incurred in the recovery of any amounts due to Sound-Services.

9.Termination.

9.1Sound-Services reserves the right to terminate any contract with the Customer where the Customer is in breach of any of these terms and conditions, or where any steps are taken, or any process or action is started which in the sole opinion of Sound-Services casts any doubt on the solvency or otherwise good financial health of the Customer.
9.2 In the event that Sound-Services exercises it’s rights under clause 9.1 hereof the Customer agrees to grant Sound-Services authority to enter any property at which Equipment is being held and agrees to allow Sound-Services to repossess same. The Customer further agrees to pay to Sound-Services any reasonable cost incurred by Sound-Services in the said repossession.

10.Data Protection
Sound-Services will use its best endeavours to keep the Customers details and details of its transactions with Sound-Services secure. In the absence of gross negligence on the part of Sound-Services no liability for the unauthorised access to and/or unauthorised of information supplied by the Customer will be accepted by Sound-Services.

11.Governing Law.

These Terms and Conditions are governed by the laws of England and Wales and the parties hereto submit to the exclusive Jurisdiction of the English courts.