Legal Statement
THIS AGREEMENT (hereafter “Agreement) is made and entered into by Interconnect Direct Limited and The Client Named on the Order or Agreement
WHEREAS
(A) The service provider carries on the business of the provision of Interconnect Direct Limited relating to the hire and/or services specified in the attached Hire Agreement.
(B) The client has requested Interconnect Direct Limited, to provide the equipment and/or services on the terms and subject to the conditions of this agreement (“the agreement”).
IT IS AGREED as follows:-
1 INTERPRETATION AND DEFINITIONS
1.1 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.2 The headings contained in the agreement are for convenience only and do not affect their interpretation.
“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 requiring the services Interconnect Direct Limited and identified in the Hire Agreement.
“Supplier” refers to Interconnect Direct Limited and its sub-contractors.
2 SUPPLIER
2.1 The supplier’s obligation to provide the equipment hire and/or services shall be provided by one or more of the suppliers staff or sub-contractor as considered appropriate (“the staff”)
2.2 The hire agreement shall specify the client, the fee payable by the client and such disbursements as may be agreed and any other relevant information.
3 THE CONTRACT
3.1 This agreement constitutes the contract between the client and the supplier and governs the equipment hire and/or services by the supplier for the client.
3.2 No variation or alteration of these terms shall be valid unless approved by the client and the supplier in writing except where changes to the services are necessary to comply with applicable safety and other statutory requirements, in which case the supplier may make such necessary changes without prior notification to the client.
4 UNDERTAKING OF THE SUPPLIER
4.1 The supplier warrants to the client that its Staff will carry out the services with reasonable skill and care and as far as possible in accordance with the terms of this agreement.
5 SUPPLIER’S OBLIGATION
5.1 The supplier agrees on its own part and on behalf of its Staff in accordance with the terms of this contract as follows:-
5.1.1 Not to engage in any conduct detrimental to the interests of the client which includes any conduct tending to bring the client into disrepute or which results in the loss of custom or business.
5.1.3 To furnish the client with any progress reports as may be requested from time to time.
5.2 Interconnect Direct Limited reserve the right to replace any service in the event of any reason where the agreed service provider is unable to attend. Any additional cost incurred will be settled by Interconnect Direct Limited.
6 EQUIPMENT
6.1 The supplier shall provide all such necessary equipment as agreed at the time of order.
6.2 Should additional equipment and/or services be required these will be charged accordingly.
7 METHOD OF PROVIDING SERVICES
7.1 The supplier’s personnel are professionals who will use their own initiative as to the manner in which the services are delivered provided that in doing so the supplier shall co-operate with the client and comply with all reasonable instructions of the client.
7.2 When necessary the client will provide the supplier with appropriate access to the client’s facilities as is necessary for the effective conduct of the services.
8 INVOICING
8.1 Upon acceptance of the payment terms as outlined in the quotation between Interconnect Direct Limited and the client an invoice will be raised accordingly.
9 FEES (IF APPLICABLE)
9.1 Subject to the receipt of the supplier’s invoice in accordance with clause 8.1 above and verification by the client of execution of the services, the supplier will receive payment from the client for the services booking fee in accordance with the fee specified in the hire agreement.
9.2 All booking fees will be made to Interconnect Direct Limited prior to the booking confirmation. Payment for the outstanding amount will be paid as per the clients agreed payment terms as set in the client’s quotation.
10 OBLIGATIONS OF THE CLIENT
10.1 Throughout the term of this agreement the client shall pay the supplier the agreed amount in accordance with clause 8.1 and 9.1 above.
10.2 The client shall furnish the supplier with sufficient information about the services required in order for the supplier to arrange for the services to be carried out.
11 TERM OF THE AGREEMENT
11.1 This agreement shall commence in accordance with the hire agreement and shall be considered ended at the stated time and date as detailed in the hire agreement.
12 Deposits, refunds and payment terms
NOTE: Coronavirus/ COVID 19 Restrictions-
Due to the current crisis and the Government lockdown restrictions that may cause your event to be cancelled or postponed our policy is as follows: –
We advise customers to avoid possible restricted times wherever possible to avoid excess charges and confusion.
Our cancellation charges listed below in section 12 will apply in all cases of cancellation.
If you are unable to hold your event due to government restrictions, we will allow the event to be postponed for up to three months, the deposit/payment will be moved to a new date and the booking rearranged within 3 months of the original date, subject to stock availability.
If you wish to move to a new date more than the three-month period, then your original booking will be cancelled, the new date will be treated as a new booking. If you have paid a deposit on your original booking this will be refunded subject to our cancellation charges listed in section 12.1.
If an event is to be postponed the price will remain the same for a period of 3months, if your event is over 3 months from the original date then additional charges will apply based on the increased hire rates at the forward time.
We advise all customers to take out separate insurance to cover any losses that they may incur due to cancellation charges.
12.1 The following fees will be chargeable in the event that the Order is cancelled.
12.1.1 where the Order is cancelled eight weeks prior to the Delivery Date a fee of 25% of the value of the Equipment will be chargeable.
12.1.2 where the Order is cancelled six weeks prior to the Delivery Date a fee of 50% of the value of the Equipment will be chargeable; and
12.1.3 where the Order is cancelled three weeks prior to the Delivery Date a fee of 100% of the value of the Equipment will be chargeable within 7 Business days of invoice.
12.2 If the Customer fails to make any payment due to Interconnect Direct Limited under the Contract by the due date for payment (“due date”), then the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Lloyds Bank’s base rate from time to time and a compensation payment of £45 per invoice up to £999.99, £70 for invoices from £1000- £9,999.99 and £100 for invoices over £10,000.00 as laid down in the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
13 CONFIDENTIALITY
13.1 Interconnect Direct Limited will not sell or pass details to any 3rd parties, all contact details held by Interconnect Direct Limited are stored securely. Should you wish to have your details removed from our system please call us on 0117 9119558.
14 FORCE MAJEURE
14.1 The supplier shall not be liable for any breaches of its obligations under this agreement resulting from causes beyond its reasonable control including but not limited to Acts of God, fire, flood, explosion or other catastrophes.
14.2 Following the circumstances outlined in 13.1 Interconnect Direct Limited reserve the right to cancel the services provided or in the event of a change of location or venue levy additional charges as appropriate upon agreement with the client.
Venue, Access, and Location
It is your responsibility to ensure you have provided the venue’s contact information, address, name, and postcode for our attendants to find you. We also require that the venue allows reasonable access for loading, and suitable parking once the equipment has been unloaded. If parking for loading is restricted you will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
Events beyond our Control
Interconnect Direct Limited cannot be held responsible for any circumstances that may prevent us from attending your event; these may include but are not limited to, severe weather conditions, traffic delays, breakdown of our vehicles, sickness or equipment failure. In the case that we cannot attend or fulfil your hire on the day due to events beyond our control, we will contact you or the venue as soon as possible. In these instances, our liability will be limited to refunding all of the monies paid.
Set-up of Services
We will arrive to set up approximately 60 minutes before the hire period is due to commence. If you require the set up to be earlier an idle time charge applies.
It is your responsibility to ensure that the venue has agreed for us to be in attendance at their venue and at the agreed time. This also includes ensuring that there is access to enter the venue and enough space with a power socket within 2 meters of where the services are to be. If there is insufficient space for us to set up you will still be charged the full hire amount.
It is your responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal your hire period may be intruded into.
Hire Period
The hire period will be for a set period as specified in the booking form and as agreed by both parties before. In addition, this will cover the 60 – 90 minute setup time and 30-minute pack down time.
If your event simply starts late or runs late, our period of hire will still be for the agreed period and times unless we agree to provide additional hours as per our additions.
No Liability is accepted for:
- Loss of or damage to property belonging to or travelling with the members of any group. For example watches, jewellery, cameras or clothing.
- Personal injury or death of any participants however caused unless by the proven negligence of Interconnect Direct Limited.
Termination of Hire
Interconnect Direct Limited will not tolerate any abuse or threatening behaviour to our staff. If this occurs Interconnect Direct Limited retain the right to terminate the hire, with no refund payable for hire time that has been cut short. We are providing a service to you, our staff should be treated with the respect they deserve.
Interconnect Direct Limited also retains the right to terminate a hire if they feel that any equipment or property belonging to Interconnect Direct Limited is in danger of being damaged or has been damaged due to unruly behaviour. We also reserve the right to refuse guests to participate in the activities such as photobooths if we feel they are too unruly.
In any instances where we feel there is a need to terminate the hire, we will attempt to speak with you or the hosting venue first, if possible to try to resolve the matter before termination.
You will be fully responsible for any damages caused by you or any other attendees at the event to the equipment howsoever caused, with the sole exclusion of Interconnect Direct Limited staff.
In the event of any damages caused by those present to property or equipment in use by Interconnect Direct Limited, you will be charged the full replacement cost and are liable for the cost involved in termination of future events due to sourcing replacements.
Any damages must be reported to a member of Interconnect Direct Limited staff immediately.