All contracts, whether oral or in writing are entered into by the Company subject to these conditions.
In these conditions:
a) The Company means Mascol Productions Ltd and any other Company which shall from time to time be a subsidiary or holding Company (as defined by Section 154 of the Companies Act 1948) of Mascol Productions Limited.
b) The Customer means the individual, firm, Company or other person with whom the Company contracts.
c) The Contract means any contract entered into between the company and the Buyer for the supply by the Company to the Buyer of the Goods and any other services the company agrees to provide.
The Company may assign, sub-contract or sub-let the fulfillment or performance of the Contract or any part thereof. The Customer shall not assign the benefit or burden of the Contract without the written consent of the Company.
2) Description and Specification
The Company shall make every endeavour to supply the goods for hire as ordered however the Company may change the specification of its goods for hire from time to time so that the descriptions may not be identical and the Company reserves the right to substitute other designs of similar goods.
3) Quotation and Price
a) The Company’s quotations are provisional in that they may be changed by reference to any circumstances beyond the Company’s control taking place between the date of quotation and the Customer’s acceptance thereof and the Company reserves the right to change prices without having to reprint all stationery or promotional literature whereupon prices may be quoted.
b) The Company reserves the right to increase the contract price whether before or after the making of the Contract in circumstances where the Company reasonably believes that the Customer has under-ordered equipment or has under-estimated the rental period or the amount of work involved insetting up equipment by the Company for and on behalf of the Customer or in any other circumstances where the customer will require from the Company more goods or more services in order that the Company may fulfil the Contract.
c) The full rental charge shall be paid by the Customer to the Company in the event of equipment being rented but not utilised during the rental period.
4) Terms of Payment
Deposit: A 50% deposit is required from the Customer prior to the commencement date of the event. Calculated as 50 % of the total contract price.
Balance: The outstanding balance is to be settled in full within 30 days of the date of invoice. After this date the Company will be entitled to levy interest charges on monies owed at a rate of 2% above base rate, per calendar month.
In the event of dispute, all items not in dispute should be settled as above. All disputed items to be settled within 14 days of resolution, thereafter, interest charges of 2% above base rate per calendar month will be applicable.
Method of Payment: Payment should be made by either cheque or bank draft.
Credit/Charge cards are not accepted.
Where the client has ordered equipment for outright purchase, the equipment remains the property of Mascol Productions until paid for in full, part payment does not give the client any rights to the equipment until all monies have been received and banked by Mascol.
a) The Company cannot be held responsible for the failure of the equipment or for any consequential loss or damage arising out of the use of the equipment or services provided by the Company’s employees hired out to the Customers and the customer acknowledges that by taking delivery of the equipment he accepts that it has been fully maintained and that it was in good and substantial repair before leaving the Company’s premises.
b) The Company’s liability in respect of any defect or failure of equipment supplied on hire is limited to making good such defect by repair or replacement at the Company’s option. Equipment will be returned to the original dispatch location. Additional costs incurred as a result of dispatch to any other destination or as a result of priority carriage will be charged at the Company’s discretion.
a) Cancellation of a confirmed booking must be in writing. A cancellation fee is payable to Mascol Productions, calculated on the following basis:
Period of Cancellation Notice Charge
Less than 30 working days but more than 14 working days before the first day of the contract period 50%
Less than 14 working days but more than 7 working days before the first day of the contract period 75%
Less than 7 working days before the first day of the contract period 100%
b) In the event of cancellation the Company will endeavour to re-sell all equipment/services booked and will reduce monies liable in respect of cancellation in accordance with the level of success in doing so. In the event of equipment/services being re-let at a lesser rate, charges will be made to mitigate such losses.
c) Cancellation fees are payable 21 days after the date of the event was due to take place. Outstanding balance after this date may attract interest charges of 1% above the base rate.
d) Cancellation charges will be calculated against all items pre-booked at the time of cancellation.
e) Where a contract or letter of engagement exists, cancellation of the contract would require full payment of any outstanding events at full contracted price within 21 days of the cancellation date.
Cancellation by the Company
The company shall be entitled to cancel the arrangements if:
a) in the opinion of the company to allow the fulfilment of the contract would prejudice the reputation of the company,
b) the company premises and/or equipment is damaged by fire, flood or any other causes outside the control of the company,
c) the customer becomes involved in insolvency, liquidation or receivership.
Every effort will be made by the Company to carry out the contract based upon their estimate but the performance of the contract work is subject to variation or cancellation owing to an Act of God, war, civil riots, strikes, lockouts, fire, flood, storm or drought, or any other cause beyond the Company’s control, or owing to the inability to procure materials or articles except at increased prices.
7) Limitation of the Company’s Liability
The Company shall not in any circumstances be liable to the customer or any third party for any claims in respect of loss of profits, special damage or any consequential loss whatsoever or be under any liability for or in respect of loss or damage to persons or property howsoever caused whether arising directly or indirectly from the hire or use of the Equipment by the Customer.
8) Special Terms and Conditions
a) The Customer shall be responsible for all losses, breakages, claims and proceedings arising in any manner whatsoever out of the Customer’s possession or use of the equipment and shall indemnify the Company against all such liability (except in the event of the Customer availing themselves of Insurance via the Company).
b) The Customer undertakes not to interfere with or allow any other person to interfere with the mechanism or other parts of the equipment and shall be responsible for any loss or damage to the equipment as a result or in consequence or interference.
c) The Customer may on no account remove, cover or deface any serial number plates, manufacturers’ name plates or other identifying marks.
If at any time one or more of the provisions of the Conditions becomes or is held illegal or unenforceable in any respect, the enforceability of the remaining provision hereof shall not in any way be impaired or affected thereby.
10) Governing Law
The contract is governed by English Law: the Company and the Customer shall submit to the jurisdiction of the English Law Courts.