terms.
- All business with POYNTON STUDIOS LIMITED (hereinafter referred to as “Poynton Studios”) is conducted strictly on the basis of these terms of business which replace previous terms of business and take precedence over any terms offered by the Customer.
- By requesting a reservation with Poynton Studios, hiring equipment, studio and/or personnel, the Customer accepts and is bound by all these terms of business.
- These terms cannot be altered in any way except by the written agreement of Poynton Studios.
- Any relaxation, waiver or failure to enforce any part of these terms by Poynton Studios does not constitute a waiver of any other part of these terms and does not apply to subsequent occasions.
TERMS OF BUSINESS
- Unless otherwise specifically stated in writing, all prices exclude GST .
- A booking is considered firm after receiving any written or verbal confirmation.
- Payment shall be made in full on confirmation, or collection for non Credit Account customers, on or before the 20th day of the month following the date of the invoice unless specifically agreed in writing for Credit Account customers.
- A non-refundable deposit may be required by Poynton Studios as prepayment to confirm a reservation, and/or a refundable security deposit may be required by Poynton Studios.
- A Credit Account under which a Customer receives credit from Poynton Studios will be opened only for a limited liability company registered under the Companies Act 1993, and at Poynton Studios sole discretion.
- Where a quotation is given it shall be valid for thirty (30) days from the date of issue, but Poynton Studios reserves the right to alter the quotation at any time because of circumstances beyond its control.
- If for any reason the Customer does not sign a booking agreement, an equipment condition report or other hire documentation, acceptance of the equipment, studio, personnel or goods when handed over to the Customer shall in itself constitute an acceptance by the Customer of the dispatch receipt, equipment condition report, fother documentation and of any estimate or quotation, as prepared and signed by Poynton Studios.
- Bookings may only be extended with the prior consent of Poynton Studios, and overtime rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
- Poynton Studios may charge a cancellation fee, determined at the sole discretion of Poynton Studios, in lieu of estimated charges on a confirmed reservation that is cancelled or postponed.
- If the Customer wishes to cancel or postpone a confirmed booking this must be done at least 72 hours before the hire period starts or 50% of the full equipment, personnel or studio booking rate will apply.
- If the Customer wishes to cancel or postpone a confirmed booking 24 hours before the hire period starts, 100% of the full equipment, personnel or studio booking rate will apply.
- The Customer shall allow Poynton Studios immediate access to the equipment, studio and goods if required for the purposes of inspection, repair, or recovery.
- The Customer acknowledges receipt of equipment and studio in good working order and condition, without scratches, impact damage or fault of any nature except as notified to and accepted by Poynton Studios at the time of handover.
- In the event of any breach of these terms, or where in Poynton Studios’ opinion the Customer is likely to breach these terms, or the Customer fails to make any payment in full by due date, or in Poynton Studios’ opinion is likely to be unable to make payment in full by due date, or is placed in receivership, liquidation, voluntary administration, bankruptcy or makes creditor arrangements, Poynton Studios may at its sole discretion terminate the hire and/or sale and cancel any outstanding order without further notice and with immediate effect.
- Poynton Studios has the right to refuse a reservation, hire, sale, to extend credit and to allow certain personnel to operate the equipment or use a studio, without giving reasons.
- The Customer will be liable to pay to Poynton Studios upon demand all and any legal expenses and collection costs incurred by Poynton Studios in enforcing its rights under these terms.
- The Customer shall not deduct, withhold or set-off any amount from or against any sum payable to Poynton Studios. Poynton Studios may accept and apply payments from the Customer in respect of any indebtedness and Poynton Studios will not be bound by any conditions or qualifications attaching to such payments.
The Customer will comply with operational rules and practices applying to the use of the equipment and studio, which Poynton Studios may change from time to time at its discretion.
The following are the operational rules and practices applying at the date of first issue of these terms.
During the hire period the Customer and their associated parties shall abide by the following rules:
RULES
- The customer must ensure that his own public liability insurance is operative for all persons in the studio during the hours of use, to cover any accident, injury or death.
- Nothing shall be done or permitted on the premises or adjacent to them which may cause nuisance, damage or disturbance to the owners or occupiers of adjacent premises.
- Noise shall be kept to a reasonable level and the customer and their associated parties shall respond to any request to reduce the noise level if necessary.
- The customer and their associated parties shall take all reasonable steps to ensure that the studio premises and equipment are not damaged, removed or altered in any way.
- The customer shall abide by all relevant statutory health and safety procedures.
- Any materials used in connection with sets constructed by the customer shall be removed immediately from the studio premises by the end of the hire period.
- The studio premises shall be immediately surrendered to Poynton Studios at the end of the hire period in the same condition as they were at the beginning of that period.
- The customer shall be responsible for removing all rubbish and belongings from the studio premises by the end of the hire period (or incur disposal costs).
- The customer shall ensure that neither they nor their associated parties shall perform any illegal acts or create anything which is illegal or which infringes any applicable laws or third party rights whilst on the studio premises.
BREAKAGES, LOSSES AND DAMAGES
- The customer hiring the studio is responsible for all breakages, losses or damages caused to the studio or equipment by him/her, or any other person, during the use of the studios
- All equipment and services are supplied by Poynton Studios entirely at the risk of the customer. Poynton Studios shall not be liable for any loss or damage to materials or props or equipment, including consequential loss and loss of profit however caused, arising out of the use or the inability to use the equipment supplied or agreed to be supplied.
- No alterations, decorations or additions to the studio are permitted without the written consent of Poynton Studios.
- The client shall pay any costs incurred by Poynton Studios arising out of any breach of these conditions.
- The client must notify Poynton Studios at the time of supply if the condition of the equipment or studio space is not acceptable.
If equipment is lost or damaged:
- Damaged equipment will be immediately returned to Poynton Studios.
- The Customer shall pay on demand to Poynton Studios the cost of checking or assessment, estimation of loss or repair, and the costs of investigation and recovery.
- The Customer shall also pay on demand to Poynton Studios the full current replacement cost, and/or the full cost of repair at normal repair rates, and the full costs of arranging the repair or replacement, including but not limited to freight costs, third party advice and the cost of preparation of claims and documentation.
- Lost equipment is deemed to be unrecoverable after 14 days.
- Poynton Studios has the sole discretion and right to decide whether equipment is replaced or repaired, who shall carry out the repair, and whether to accept an equivalent monetary recompense instead of replacement or repair.
- The Customer shall pay to Poynton Studios on demand hire fees for the equipment until the equipment has been repaired or replaced, up to a maximum period of 13 weeks from the date of the loss or damage, or a maximum of 4 weeks if Poynton Studios elects not to replace equipment.