1. Interpretation.

1.1. In these terms: “Event Staging” means Event Staging IOW; “Client” means the legal entity accepting Event Staging’s quotation for the supply of Equipment or Services or whose order for Equipment or Services is accepted by Event Staging or the party otherwise commissioning the Services in each case as named on Event Staging’s invoice; “Equipment” shall mean all
and each item of equipment referred to in this Agreement to be supplied by Event Staging and all additions, alterations and replacements to that Equipment; “Dry Hire” shall mean the hire of Equipment without the supply of operational personnel; “Hire Charge” means Event Staging’s charges for provision of equipment and/or Services; “Services” shall mean the installation, operation and removal of the Equipment and/or other services as described in this agreement; and “writing” shall include electronic mail.

2. Provision of Equipment and Services

1. 2.1. Event Staging shall provide and the Client shall accept the Equipment and engage the Services of Event Staging at the location(s) (“Venue”) as described in Event Staging’s hire agreement or order acceptance or, if none, Event Staging’s most recent quotation for the event subject to these terms (the “Agreement”), which contain the entire agreement between Event Staging and the Client and shall apply to the exclusion of all other terms and conditions
and shall not be varied except as confirmed in writing by Event Staging.

2. 2.2. Client acknowledges that Equipment was selected by the Client as suitable for its purpose and the Client has not been induced to enter into this Agreement by any prior representation (whether innocently or negligently made)except as specifically contained in this Agreement.

3. 2.3. Unless otherwise expressly agreed in writing by Event Staging, all equipment supplied by Event Staging is supplied on hire in accordance with this agreement and no ownership interest in the Equipment shall pass to the Client or any third party.

4. 2.4. Event Staging will use reasonable efforts to ensure equipment is in good working order on delivery and of satisfactory quality and will provide the Services using reasonable care and skill and in accordance with this agreement.

3. Hire Acceptance and Cancellation

1. 3.1. No order or booking submitted by the Client shall be deemed accepted unless and until Event Staging has issued a Hire Agreement or order acceptance signed on behalf of Event Staging or by some other act of acceptance on the part of Event Staging or unless Event Staging in its discretion waives any such requirement. Event Staging may stipulate payment of an initial deposit(s) as a condition of acceptance or performance.

2. 3.2. The Client shall be responsible for ensuring the accuracy of any order but Event Staging reserves the right to make changes in the manner of performance of the Services to comply with health and safety and other applicable legal requirements.

3. 3.3. Following acceptance by Event Staging, The Client may not cancel or terminate this Agreement except with Event Staging’s written consent and then only on terms that the Client indemnifies Event Staging in full against all loss (including, without limitation, Event Staging’s loss of profit and reimbursement of all costs) incurred prior to or as a result of cancellation or termination.

4. Hire Charges

1. 4.1. Event Staging’s charges for provision of Equipment and/or Services shall be as stated in the Agreement. Any extra Equipment or Services later required will be chargeable in addition. Client shall be liable for continuing Hire Charges at the same rate as provided in this Agreement: if Equipment is lost stolen damaged or destroyed, until its repair or replacement (in such case any continuing Hire Charges not to exceed a further 13 weeks rental); and, in the case of a Dry Hire or where Client arranges transit, if Equipment is returned late, until date of its actual return to Event Staging.

2. 4.2. Client shall pay Hire Charge (and any VAT), notwithstanding that performance may not have taken place, to be received by Event Staging in cleared funds on or before the date(s) specified for payment or, if none, on or before the earlier of (i) 3 working days prior to date of supply of the Equipment or Services and (ii) 30 days from date of Event Staging’s invoice.
It is a condition that each payment due under this Agreement is paid on time without any deduction, set-off or counterclaim. Any discounts quoted or agreed may be forfeited at Event Staging ‘s discretion if payment is received after the due date.

3. 4.3. If the Client fails to pay any sum on the due date then, without limiting any other right or remedy, Event Staging may: cancel or suspend provision of Services and Equipment to the Client under this or any other agreement between the parties; apply any payment made by the Client (notwithstanding any express instruction by the Client) towards the discharge of any sums due to Event Staging under this or any other agreement between the parties; and/or charge the Client interest (both before and after judgement) on the amount unpaid at the rate of 2% per month calculated on a daily basis until payment in full together with all costs, charges and expenses reasonably incurred by Event Staging (including legal fees) in recovering overdue amounts.

4. 4.4. Event Staging may, at any time before performance, increase the Hire Charge to reflect any matter apparent on subsequent site survey, any increase in cost due to any factor beyond the control of Event Staging or change or delay caused by the Client. Event Staging will provide timely notice to the Client of any such increase. To the extent this agreement has not been performed (but not otherwise), if the Client following consultation with Event Staging does not accept the increase and Event Staging does not waive it, the Client may cancel this Agreement by written notice given within 5 working days of notice of increase (but not less than 3 working days prior to commencement of Equipment hire or Services) provided that the Client indemnifies Event Staging in full against all costs, charges and expenses incurred by Event Staging prior to or as a result of cancellation.

5. Risk and Insurance

5.1 The Equipment shall be at the risk of the Client from the time of delivery at the Venue or, if earlier, delivery to the Client’s carrier, until its return to Event Staging’s premises or, if earlier, possession is taken by Event Staging’s carrier.
The Client shall at its own expense insure Equipment with an insurance company of repute (naming Event Staging as a loss payee): against all loss or damage (whether or not the Client’s or Event Staging’s fault) in an amount equal to its replacement cost new; and against liability for any continuing Hire Charges under Clause 4.1 until earlier of: return of Equipment to Event Staging in good working order and condition (fair wear and tear excepted) or (if not capable of economic repair) its replacement with equivalent new equipment; or receipt by Event Staging of payment in full of its replacement cost new and all other sums due hereunder.

5.2 The Client hereby irrevocably authorises Event Staging in name and on behalf of the Client to make any claims under the insurance in respect of loss of or damage to Equipment; to settle or compromise such claims; and to receive and give good discharge to insurers for any moneys payable. The Client shall not do or allow to be done any act or thing whereby insurance of Equipment may be invalidated.

5.3 If equipment is lost or damaged, The Client shall notify Event Staging forthwith, assist in making appropriate claims under such insurance and not without Event Staging’s consent settle or compromise any claim.
The Client will on request at any time produce to Event Staging the insurance policy and receipt for current premium. If the Client fails to keep Equipment insured to Event staging’s satisfaction or to produce policy or receipt or if Event Staging so agrees in writing, Event Staging may insure Equipment, in consideration of which the Client will pay Event Staging further sum equal to 15% of Event Staging’s charges (before any discount) for relevant Equipment or Services.
Event Staging accepts no responsibility for loss or damage to any equipment or materials of the Client or any third party, which Event Staging may agree to store or transport, and any such equipment or materials shall at all times be at the Client’s risk.

6. Health and Safety

6.1 The Client shall take all reasonable steps to safeguard the health, safety and welfare of Event Staging’s personnel while at the Venue, to safeguard the Equipment from theft, loss or damage and to give Event Staging adequate notice of any unusual risks. Without prejudice to the foregoing, the Client acknowledges that Event Staging shall not be obliged to continue supply of Equipment or Services (and may take down all or any Equipment previously installed) where, in Event Staging’s reasonable opinion, the installation poses a material risk to health and safety or to the Equipment; Where a support structure is supplied by the Client, the Client shall ensure that the surface, on which the Equipment and structure will be installed, will be stable under load and that the structure will be fit for the purpose (taking account of prevailing wind speeds) and will comply with all health and safety and other relevant regulations. The Client shall provide Event Staging on request with copies of certificates of compliance and structural engineering calculations verifying adequacy of the Client’s structure. Equipment dimensions and weights and representational drawings of structures are available on request from Event Staging but are approximate and representational only and do not obviate the need for the Client to obtain appropriate professional advice.

7. Client’s Undertakings

7.1 The Client undertakes to Event Staging that the Client shall:
Grant or procure access for Event Staging personnel, to and from the Venue at such times as Event Staging may reasonably require to discharge its obligations. Where applicable, the Client is to provide free of charge within a reasonable distance of the operating position of the Equipment at the Venue: an uninterrupted power supply terminated in an appropriate connection; and such other facilities as Event Staging may reasonably require.
7.2 Where Event Staging’s Services are dependent on provision of equipment or services by the Client or its contractor, ensure that all such equipment and services are provided on time when required; the equipment is of adequate quality and specification and in good working order; and the services are provided by persons of adequate competence and experience using reasonable care and skill;