Wet Hire TERMS AND CONDITIONS FOR EQUIPMENT RENTAL AND SERVICES (“AGREEMENT”) 

DEFINITIONS:
‘the Company’ means Massimo UK Limited TA PhaseOne Productions.
‘the Contract’ any contract between the Company and the Customer for the hire, sale or repair of the Equipment, incorporating these conditions;
‘the Customer’ means you, the customer, being the person, firm or company named in the documentation.
‘the Equipment’ means the items referred to overleaf ‘the Professional Fee’ means all sums due to the Company under the Contract for hire, sale or
repair.  
‘the Company Premises’ means Unit F, New Road Complex, Kidderminster, DY10 1AL or any other premises used by the Company at the time of the Contract for the purpose of conducting their business.

The Contract
1.1 Any quote will be confirmed in writing to The Client, providing the total cost for the agreed Services.

1.2 The booking is not confirmed until written acceptance of The Quote, and a deposit as specified in the quotation (unless waived by The Company)
is received from The Client. Once this is received, The Contract is entered into between The Client and The Company.

1.3 Where a formal quote is not provided, The Contract is deemed to be formed where written confirmation of any works is received from The Client.

1.4 Upon entering into The Contract, The Client and The Company agree to abide by and be governed by these terms and conditions.
The Equipment.

2.1 Where possible, the equipment provided will be as detailed in The Quote. Where a substitute is necessary, it will be for equipment of the same, similar
or better specification. 

2.2 The Equipment will be provided in full and safe working order and in good physical condition.

2.3 The Equipment remains the property of The Company at all times.

The Clients Responsibility

3.1 The Client is responsible for arranging that suitable security measures are in place when The Equipment will be left for a time without a representative
of The Company present.

3.2 The Client shall be liable for any loss, theft of or damage to The Equipment that is caused by any persons other than representatives of The
Company.

3.3 The Client will be required to pay the total repair costs, or full cost for a new replacement (including any relevant taxes) where liability is found in
clause 3.2. The Client will also be liable for the total hire charge up to the date payment in full is made under this clause.

3.4 All equipment is to be used in conditions that are deemed acceptable for normal and safe operation. Where The Company or their representatives
deem this to be impractical due to the facilities provided by The Client, The Company reserve the right to terminate the contract with immediate effect
and accept no liability to The Client or any third party.

3.5 Where The Contract is terminated under clause 3.4, The Client shall not be entitled to a full or partial refund, and any payment amount that is
outstanding to that detailed in The Quote must still be paid in line with the payment terms of The Company.

3.6 It is the responsibility of The Client to ensure that all information passed to The Company prior to The Event is accurate. Where inaccuracies cause a
delay in setting up or result in any or all of the system being unsuitable for The Event, The Company accept no liability for any losses.

3.7 Where additional equipment or services are required to rectify issues arising from clause 3.6, The Client will be liable for any and all additional
charges.

Delivery, Set Up And Derig

4.1 The Company shall, in discussion with The Client, agree a mutually acceptable time and place to arrive at The Event and a time for set up to be
complete. The Company will make every effort to meet this time schedule, however, The Company will accept no liability for a delay caused where the
cause is reasonably beyond their control.

4.2 At the end of The Event, The Company and/or its representatives will dismantle and remove all equipment from The Event and The Client is
required to ensure that safe access to The Event is available until such time as all equipment has been removed. This is to include vehicular
access/egress. 

Payment

5.1 Full payment for the Quote, including any delivery fees or other fees added as agreed, is to be made prior to commencement of The Event, unless
previously agreed by The Company.

5.2 Where payment following The Event is agreed, payment is due to be received by The Company within 14 days of the invoice being issued, unless
stated otherwise on the invoice.

5.3 Monies that remain outstanding by the due date may incur late payment interest at the rate of 8% above the prevailing Bank of England's base rate on
the outstanding balance, until such time as the balance is paid in full and final settlement.

5.4 The Company reserve the right to employ the services of a debt collection agency to recover overdue monies. In the event of a debt collection agency
being appointed, The Client will become liable for all fees associated with this.

5.5 In the event of clause 5.4 being executed, The Client must deal exclusively with the debt collection agency regarding the outstanding monies,
including settlement of the balance. Any monies paid directly to The Company will not be accepted as payment of the outstanding balance.

5.5 Any payments that cannot be collected through the company due to closure/ or bankruptcy, you are agreeing to pay the full amounts owed personally.
Liability Of The Company/Hirer

6.1 In the event of equipment being found to be faulty, or becoming faulty during use, the liability of The Company will be limited to replacement or
repair of the faulty equipment at no additional charge to The Client, except where it is believed the fault or damage has occurred from misuse of The
Equipment.

6.2 The Company shall not, in any circumstances, be liable to The Client or any third party for a claim that arises from the use or misuse of The
Equipment by any persons other than those representing The Company.

6.3 In the event of The Equipment, or any part thereof being confiscated by the Police or any other body, The Client shall be liable for all costs incurred
recovering The Equipment, except where the confiscation is as a direct result of negligence of The Company.

Terminating The Contract
7.1 The Company shall be entitled to terminate the contact at any time, should a breach of the terms and conditions occur. 

7.2 Should the agreement be ended prematurely due to a breach of terms and conditions on the part of The Client, the rights of The Company to
recover all costs owing to them as part of The Contract are maintained.

7.3 Should The Company become unable to fulfil the requirements of The Contract due to reasons within their control, The Client shall be entitled to a
refund of an amount retrospective to the value of the part of the service that The Company is unable to provide.

7.4 Should The Client terminate the contract prior to commencement of The Event, The Company reserves the right to charge a percentage of the total
shown on the Quote as follows:

Period Before Event Set Up Commences Percentage of Quote Due
More than 21 days 25%
21-14 days 50%
Less than 14 days 100%
Changes To These Terms And Conditions
8.1 The Company reserve the right to update or amend these terms and
conditions where and when deemed necessary.

Severability

9.1 The invalidity or un enforceability of any clauses within these terms and conditions shall not affect the validity or enforceability of any other clauses of
these terms and conditions, which shall remain in full force and effect. 

Governing Law
10.1 The Contract and these terms and conditions are governed by and construed in accordance with the laws of Great Britain, and any disputes
relating to these shall be subject to the exclusive jurisdiction of the courts of England.

COPYRIGHT
All rights in and to any design conceived by PhaseOne in the course of the provision of services provided shall be and shall remain, upon their creation, PhaseOne’ sole and exclusive property. This includes, but is not limited, to technical drawings, CAD designs, rigging plots, sound predictions, video content, lighting design, stage design and custom set. PhaseOne as named above is hereby identified as creator of this work in accordance with Section 77 of the Copyright, Designs and Patents Act, 1988


Please note the following:

• Equipment transport costs are based on today's pricing and may be subject to change.

• Vehicle parking is charged as charged to us, the same applies to parking tickets collected when loading in/out.

• Crew costs are based on a 12 hour working day including travel. 12 – 18 hours is day & half 18+ hours is 2 day rate.
• Crew transport is based on today's cost and may be subject to market change.

• All technical and set costs are based on the available information. Extra equipment / labour may be chargeable if required.

• Per diems will be charged per man per day at £35.00, if you wish to supply crew food and drink this will not apply if not we will provide this to a final invoice after the event.

• Accommodation is to be provided if the event runs for more than a working day, this applies if we are more than 50 miles from our base DY10 1AL if you wish we can book this and add to the final account.

• A purchase order / confirmation confirms transport and equipment quoted costs.

• licences required for the hire period are the responsibility of the hirer.

Any print related items require a print ready .pdf file, we do not undertake artwork in any way and will not open any creation applications i.e Adobe Illustrator etc, we will request how the artwork needs to be laid out, you will also receive a proof for sign off before going to print.

Terms of Business PAYMENT – All orders are on cash on delivery basis, except for approved customers with established credit account facilities. Please note your quote and invoice has a discount applied to it, this is given as a goodwill gesture for payment of your invoice on time. If it is not paid on time you will be re-invoiced with the discount removed – to avoid this please pay by your terms, we give 7 days grace after your due date and then you are re-invoiced as detailed above. We do not give any warning that this will happen.

Standard payment terms for non account customers are 30% Deposit to confirm booking. 50% payment 14 days prior to the event, 20% upon delivery unless other wise stated by the company.

Please note that retention of title will remain with The Company until payment in full of the price is received.
E&OE 2024