Terms & Legal

Terms & Conditions of Hire & Sale

Definitions and law

1.1. “the equipment” shall mean goods, components and other items hired or sold by Starlight Theatrical or any part thereof

1.2. “the customer” is the person, firm, corporate or public body hiring 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 10

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

Bookings

2.1. All quotations are valid for a period of 30 days unless otherwise stated. After 30 days Starlight Theatrical will accept alternative engagements if the quotation has not been accepted

2.2. Equipment and/or services are only reserved and booked for you once you have accepted our quotation, and a booking confirmation has been sent to you.

2.3. No promotional offer by Starlight Theatrical shall be used in conjunction with another

Cancellation and termination of hire

3.1. If the customer cancels less than 7 days before the date of the event, deposits collected shall not be returned and a cancellation fee will be charged to amount to 50% of the total cost. If the hirer cancels less than 48 hours before Starlight Theatrical is due to arrive, the full amount still applies

3.2. Should transport have been booked by ourselves, this charge will still become due despite the hire not taking place as Starlight Theatrical will have to honor its contract with its transportation suppliers.

3.3. Starlight Theatrical reserve the right to cancel the booking due to force majeure or circumstances beyond our control, in which case any deposits paid will be refunded

3.4. Starlight Theatrical may refuse to install, activate or operate any equipment if:

3.4.1. The venue, environment or equipment supplied by the customer is deemed to be unsafe or insecure

3.4.2. In doing so, may cause unnecessary inconvenience or damage to persons or property. In these circumstances, the full hire charge still applies.

3.5. Starlight Theatrical shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time the customer is in breach of these terms

Hire terms

4.1. Hire charges commence from the date stated in the contract and are payable for the period of hire

4.2. Equipment must be returned as agreed, on the date specified in the contract in a clean and serviceable condition

4.3. 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

4.4. Additional charges will be made for hire of additional equipment if requested by the customer

4.5. Stated lead length is an approximation. All cables must be returned coiled and taped, else a charge of £2 per cable will be made

4.6. Spare lamps and fuses are provided with equipment where appropriate. These, and any they replace, must be returned with the equipment and in default their full replacement cost will be charged

4.7. All charges are payable on demand

4.8. Hire items are, and remain the property of starlight theatrical at all times

Customer’s responsibilities

5.1. 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 starlight theatrical’s unqualified receipt for the return of all the equipment

5.2. The customer shall not remove from site, sell, dispose or otherwise part with control of the equipment or attempt to do so

5.3. The customer is fully responsible for the care, safe-keeping and return of the equipment in a clean and serviceable condition.

5.4. The signatory to the contract and the customer jointly and severally undertake 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 will not allow the equipment to be misused

5.5. The customer shall provide a safe & secure working environment, including solid level flooring for all equipment

5.6. The customer shall be responsible for providing or paying for additional (sober and capable) personnel if:

5.6.1. The equipment to be set up may require more than one person to install.

5.6.2. There are any steps, stairs, ramps or other obstructions between the vehicle loading place and the room / area of the event.

5.7. Nothing in this clause shall affect the statutory rights of the customer

Electrical equipment

6.1. Any electrical equipment should be used with plugs and/or sockets as fitted and these must not be removed. Equipment must not be modified or disassembled in any way without the express permission of Starlight Theatrical

6.2. 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

Equipment maintenance and reporting

7.1. Any breakdown, unsatisfactory working of equipment or mistakes in supply must be reported within 24 hours of delivery, otherwise the full invoice charge will be levied

7.2. The customer shall under no circumstances attempt to repair the equipment without prior authorization

7.3. Starlight Theatrical will make its best endeavors to replace or repair any equipment which is found faulty whilst on hire, or will refund the hire fee for that piece of equipment.

7.4. 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 Starlight Theatrical immediately

7.5. All electrical equipment is pat tested. Unique labels on each piece of equipment relate to our computer pat testing records. Furthermore, each item is checked upon return to be in a good working order, and visually examined prior to dispatch

Compatibility of equipment

8.1. The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used

8.2. The customer shall be responsible for ensuring that any equipment is suitable for their purposes

Insurance

9.1. The customer agrees to pay the full retail cost of any equipment lost, stolen or damaged beyond economic repair due to theft, negligence, misuse, malicious damage or any other reason whatsoever (without deduction for usage wear tear or age)

9.2. The customer shall be responsible for insuring the goods against the above liability and the security of the equipment whilst installed in the venue

9.3. 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 Starlight Theatrical on demand to the extent that any such payment is due under this clause

9.4. In the case of equipment which is lost stolen or damaged beyond economic repair due to theft, negligence, misuse, malicious damage or any other reason whatsoever the customer shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced. Items not returned will be charged for at full replacement cost

Payment and interest

10.1. Where payments are not made on the due date (30 days from invoice date) Starlight Theatrical will be entitled to interest on the amount that is overdue at hsbc base rate prevailing for the period for which such monies are overdue together with an administration charge

10.2. The payment of such interest shall be without prejudice to any other rights or remedies

10.3. Any legal or other charges incurred in the recovery of money or equipment shall be paid by the customer

10.4. Notwithstanding any provision in these terms of business to the contrary the customer shall if required by Starlight Theatrical pay such sum on account of the hire charges or price for goods and or services as shall be agreed at the time of placing the order

Liability

11.1. Starlight Theatrical’s liability for any defect in the equipment shall be limited to and in no case exceed:

11.1.1 replacement or repair of the defective equipment

11.1.2 at Starlight Theatrical’s discretion a refund of the price

Consequential losses

12.1 Nothing in these terms and conditions shall make Starlight Theatrical 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

Injury to persons and damage to property

13.1. Starlight Theatrical shall not be liable for any injury or damage caused by misuse or negligence of the customer other than that which directly arises or is caused by any direct defect in the equipment and where such defect is caused by the negligence of Starlight Theatrical

Rights reserved

14.1. Any failure by starlight theatrical to enforce any or all of these conditions shall not be construed as a waiver of any of Starlight Theatrical’ rights hereunder

14.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms

14.3. These conditions have effect in substitution for and to the exclusion of any condition put forward by the customer

Delivery and carriage

15.1. All times quoted or stated for delivery are approximate only

15.2. Unless stated, hire charges quoted do not include carriage. Any expenses incurred by Starlight Theatrical in delivery or recovering equipment or attempting the same will be paid by the customer

15.3. Where carriage charges are quoted by Starlight Theatrical such charges will include only for the time to load or unload alongside the Starlight Theatrical’ vehicle at the address specified by the customer. Any further time or attendance will be paid for by the customer

Copyright

16.1. Starlight Theatrical notifies the customer that playing or showing copyright material (either live, on the internet or in digital format) in circumstances where the customer or anyone authorised by him does not hold the appropriate license of the copyright holder he will infringe copyright and may become liable in damages for so doing

16.2. The customer, by accepting delivery of sound or visual reproduction equipment, or by paying for any of our services, or by supplying us with, copyright material warrants that he has or will obtain the appropriate license for the said performance, playing or showing (either live, on the internet or in digital format), prior to using the equipment or service for the said purpose

16.3  Starlight Theatrical are not liable for any copyright infringement or associated fines