1. Definitions:
‘Agreement’: refers to the contract between Slick Pixel Ltd and the customer for the rental of equipment outlined in these conditions.
‘The Company’: refers to Slick Pixel Ltd (Slick Pixel), including its successors and assigns.
‘Equipment’: refers to the goods rented to the customer by the Company under the Agreement.
‘Hire Charge’: refers to the fee paid by the customer to the Company for the rental of the equipment.
‘Customer’: refers to the person, firm, or company who rents the equipment under the Agreement.
2. General:
2.1. All quotes, orders, and agreements made by the Company are subject to these conditions of hire and supersede any other conditions.
2.2. These conditions take precedence over any conflicting terms determined by law or trade custom, practice, or course of dealing and any previous terms and conditions of the Company unless otherwise agreed upon in writing by the Company. This clause does not apply to customers who are considered consumers under the Unfair Contracts Act 1977.
2.3. No employee or agent of the Company has the authority to alter these conditions or make any warranties or representations about the equipment, its fitness for a specific purpose, or any other matter unless agreed upon in writing by the Company.
2.4. Any terms, conditions, warranties, or representations not included in these conditions are not binding on the Company, unless they are required by law and not specifically excluded in these conditions.
3. Quotations, Acceptance, and Orders:
3.1. Quotes issued by the Company are based on current costs at the time of the customer’s request and are subject to change after acceptance.
3.2. Unless otherwise stated in writing, any quote issued by the Company is valid for 14 days only and will expire after 14 days prior to the event. A surcharge may apply for orders placed within 14 days of the event.
3.3. A quote does not constitute an offer to supply and no agreement exists until there has been acceptance by the Company in writing or orally by an authorized employee or agent of the Company.
4. Charges, Payments, and VAT:
4.1. Customers without approved credit terms will pay the rental and installation charges as outlined in the following schedule unless otherwise agreed upon in writing by the Company: 20% to be invoiced and paid upon placing the order, 80% to be invoiced and paid 14 days prior to the event. Invoices are to be paid upon receipt, with terms of payment being of the essence.
4.2. All other amounts due to the Company under the Agreement are to be paid upon receipt of invoice.
4.3. Customers with approved credit terms will pay the rental charges as outlined in the following schedule unless otherwise agreed upon in writing by the Company: 50% to be invoiced upon placing the order, 50% to be invoiced and paid 14 days after the event. All other amounts due to the Company under the Agreement are to be paid within 14 days of the date of the invoice
4.4 The Company reserves the right to charge the customer weekly interest at a rate of 10% for any unpaid amounts, whether before or after judgement. Interest will continue to accrue even after termination of the Agreement for any reason. Additionally, the Company is entitled to demand immediate payment from the customer for any costs and expenses incurred in determining the whereabouts of the equipment or repossessing it, recovering any payments due, and enforcing any other terms of the Agreement.
5. Installation/Removal:
5.1. The customer is responsible for providing or arranging for suitable accommodation, mountings, electrical supply, and environment for the equipment as per the Company’s instructions and specifications.
5.2. The customer will bear the cost of any additional items or equipment, materials, or labor required for the installation of the equipment if deemed necessary by the Company.
5.3. Upon arrival on site, the Company requires a competent person designated by the customer to be responsible for the safe ingress and egress and positioning of the equipment.
5.4. The Company should be met on arrival by this predetermined individual/group.
5.5. The customer is responsible for providing a designated trackway for vehicles and ground protection system for the areas of work and will be liable for any damages or reinstatement of the event site.
5.6. The customer is responsible for obtaining permission for the Company to park required vehicles in the area surrounding the equipment. If permits or site permission are required by the Company, they must be obtained by the customer prior to the event.
5.7. The customer is responsible for the security of the Slick Pixel equipment from arrival on site until its departure, including any overnight stays.
5.8. The customer will bear the cost of any additional costs required for the safe removal of any equipment if deemed necessary by the Company.
6. Service:
6.1. Upon request from the customer with reasonable notice, the Company will service the equipment by repairing or replacing any parts that may become defective through fair wear and tear.
6.2. The Company reserves the right to remove the equipment and provide temporary or permanent replacement equipment of at least equivalent capabilities if deemed necessary.
6.3. The Company may make changes to the specification of the goods to be supplied, as long as they do not significantly affect the quality of the goods. The Company will give the customer prior notice of any changes if possible.
6.4. The Company reserves the right to refuse to service the equipment if any payment under the Agreement is outstanding, and such refusal shall not prejudice any other rights or remedies the Company may have or the customer’s liabilities under the Agreement.
6.5. Unless otherwise agreed in writing between the Company and the customer, the Company will not be responsible for any tapes, disks, compact discs, or records for use within the agreed event.
7. Ownership and Liability:
7.1. The Company retains beneficial and legal title in the equipment at all times and the customer has no right or interest in the equipment except for the right to use it under the terms of the Agreement.
7.2. The customer must keep the equipment in its possession at all times and cannot move or arrange for the removal of the equipment from the event area without the Company’s prior written consent.
7.3. The customer must not sell, offer for sale, rent, pledge, lend, or otherwise part with possession of any equipment that is the sole property of the Company.
7.4. The Company reserves the right to stop the use of all equipment due to reasons beyond our control.
8. Customer Liability for Loss or Damage:
8.1. The customer must be liable and have in place full all-risk insurance coverage against loss, damage, and theft of any equipment from the time the equipment arrives on the site.
8.2. In addition to the provisions of clause 8.1, if the customer is unable to provide full all-risk coverage, the Company may, at its discretion, require the customer to pay the Company charges in respect of insuring the equipment against all risks.
9. Access to Equipment:
9.1. The customer must provide or ensure that the Company, its servants, or agents have access to the equipment.
9.2. The customer must ensure that the equipment is accessible at the end of the event for immediate removal.
9.3. The customer is liable for all costs incurred when the equipment becomes stuck and recovery is deemed necessary.
10. Licenses and Signal:
10.1. The customer must indemnify and keep the Company indemnified against any and all costs, claims, liabilities, damages, expenses, proceedings, actions, or demands (including, but not limited to, legal fees and costs) resulting from the customer’s use of the equipment in breach of, or alleged breach of, any copyright or other rights.
10.2. The customer must obtain, prior to the installation of the equipment, all consents, permissions, and approvals required for such installations and use of the equipment at the event.
10.3. If the customer is providing the signal or feed to the Slick Pixel LED Box, it is the customer’s sole responsibility to obtain such signal and present it at the Box location.
10.4. Slick Pixel Ltd will have no liability for a failed signal or signal dropout.
11. Cancellation:
11.1. If the customer wishes to cancel any agreement after the Company has accepted an order for equipment but before installation of the equipment, the Company may, at its discretion and without prejudice to any other rights and remedies it may have, treat such cancellation as a breach or a repudiation of an agreement and require the following payments from the customer:
11.2. Days’ notice given prior to the date of installation % of hire charge: Cancellation after confirmed booking 20% of contract value, Cancellation within 14 days of event date 75%, Cancellation within 24 hours of event date 90%.
11.3. If the Company cancels the agreement after the customer has returned the order for equipment, the customer will receive a full refund of all monies paid in respect of the agreed event.
11.4. If the customer attempts to terminate the agreement before the expiry of the hire period, the Company may, at its absolute discretion and without prejudice to its right to treat cancellation as a breach or repudiation of any agreement, agree to accept such cancellation provided that the customer shall not be entitled to any refund of the hire charge or any other payments made to the Company.
12. Termination:
Without prejudice to its other rights, The Company shall have the right to immediately terminate this agreement by providing notice in writing to The Customer, and to claim any resulting losses or expenses in the event of:
12.1. The Customer failing to make any payments when they become due, or
12.2. The Customer making any voluntary arrangements with creditors, becoming subject to an administration order in bankruptcy, or becoming unable to pay debts as defined by the Companies Act 1985, or any other circumstances that would entitle a court or creditor to appoint a receiver or administrator or make a winding-up order.
13. Weather:
The Company reserves the right to withdraw equipment prior to or during an event due to adverse weather conditions that may pose a risk to health and safety or cause damage to the equipment. The Company will not be liable for any refunds in such cases.
14. Limit of Liability:
14.1. The Company accepts liability for death or personal injury resulting from its negligence or that of its employees while acting in the course of their employment.
14.2. The Company accepts no liability for any costs incurred due to equipment malfunction, including any consequential or financial losses.
15. Non-Assignment:
15.1. The Customer shall not assign, delegate, or otherwise transfer any of its rights or obligations under this agreement without The Company’s prior written consent.
15.2. The Company shall have the right to assign or delegate any of its rights and obligations under this agreement upon notice to The Customer.
16. Force Majeure:
Neither party shall be liable to the other for any loss or damage suffered due to causes beyond their reasonable control.
17. No Waiver:
Failure by either party to exercise any rights conferred by this agreement shall not be deemed a waiver of those rights or prevent their exercise or enforcement at a later time.
Notice:
Any notice given in writing under this agreement shall be deemed served if delivered personally or sent by prepaid first-class mail to the address of the party in question, or any other address they may notify in writing to the sender.”
18. Law and Jurisdiction:
Any agreement shall be governed by and construed in accordance with English law, and the parties hereby agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with the agreement.
19. Limited Companies:
If you sign this contract as a Director, Officer or on behalf of a Limited Company and that Limited Company is unable or fails to meet its commitments or enters into liquidation or amalgamation (and the amalgamated company does not settle the account made in accordance with this agreement), you hereby give your irrevocable personal guarantee to settle Slick Pixel’s account in full within 14 days of the account being issued, and under this guarantee, you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.
20. Staff Safety:
Slick Pixel Ltd’s staff have the right to work in an environment that is free from fear or threat. If at any time any member of staff is exposed to any verbal threats or violence, the team will immediately stop work, close down the Box (if in use), and remove it. Slick Pixel Ltd will, if required, report the incident to the police and fully support any member of staff who wishes to pursue the matter. Under these circumstances, the client will still be responsible for all costs of the contract.
