TERMS & CONDITIONS

1. Definitions and interpretation

1.1. In the below terms “we”, “us”, “our” and “Reveries” refer to Reveries Events Ltd; whereas “you”, “your” and “the Hirer” refer to our customer which is ordering our services.

1.2. Otherwise, the following definitions apply throughout this agreement:

a) “Business Day” means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.

b) “Equipment” the audio-visual equipment, cables, lamps, ancillary items together with each of their travel cases being hired by you in accordance with this agreement and as specified in the Quote.

c) “Rental Period” has the meaning set out in clause 6.2; and

d) “Quote” has the meaning set out in clause 2.1.

1.3. The following rules of interpretation apply to this agreement:

a) A reference to business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in England.

b) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

c) A reference to a party includes its personal representatives, successors and permitted assigns.

d) A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

e) Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

f) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

g) A reference to “writing” or “written” excludes fax but not email.

2. Quotations

2.1. We may provide a verbal or informal email quote or estimate as a guideline only, in advance of issuing a formal digital quotation by way of a weblink contained in an email to you (“Quote”) and the Quote supersedes any such previous verbal or informal quotes or estimates.

2.2. A Quote will specify whether it is given in respect of:

a) “Dry Hire” under which you will either: (i) collect the Equipment from our premises, or (ii) agree an address with us in writing prior to the issue of the Quote for Delivery and Collection. Where we are delivering the Equipment, our fees in the Quote shall include the costs of Delivery. Dry Hire does not include our installing the Equipment; or

b) “Wet Hire” under which you will agree an address with us in writing prior to the issue of the Quote for Delivery and Collection. The fees in the Quote will include the costs of Delivery, our installation of the Equipment and any technicians or engineers we, at our sole discretion, decide are required for the operation of the Equipment (if any).

2.3. Quotes can be accepted in accordance with clause 3 during the period of 14 days from issue (unless otherwise stated). The Equipment is subject to availability at the time of booking under clause 3.

2.4. Value Added Tax chargeable in the United Kingdom is chargeable at the current standard rate on all sums due to us under this agreement.

2.5. Should additional work be required, whether due to unforeseen circumstances, or your instructions not being complete or otherwise, our fees may exceed the Quote. You shall pay these fees as if they were contained in the Quote.

3. Booking

3.1. These terms will be either be attached to the email sending the Quote to you or included with the Quote in the digital link emailed to you.

3.2. In signing off a digital Quote you warrant and represent to us that:

a) you have read these terms and they shall bind you.

b) the Equipment will only be used for business purposes; and

c) (Where a natural person is booking our services for or on behalf of corporate or non-corporate body) you have the proper authority to enter into this agreement,

and from such time these terms, together with the Quote, shall form a binding contract between you and us.

3.3. Any booking fee or deposit required in the Quote will not be refunded under any circumstances and, where such a fee is required but not paid in accordance with clause 11.1, we may withdraw the Quote at any time.

4. Quality of Equipment

4.1. The Equipment shall substantially conform to any specification of it made available by us and shall be of satisfactory quality and fit for any purpose which we hold out.

4.2. We cannot accept any liability for the incompatibility of the Equipment with other equipment and facilities which are not ours (including, but not limited to, power supplies).

4.3. Where the Equipment comprises or contains equipment or components which were not manufactured or produced by us, you shall be entitled only to such warranty or other benefit as we have received from the manufacturer.

4.4. We will not provide spare Equipment or consumables (such as lamps) unless specified in the Quote. Any lamps that blow during the Rental Period must be returned to us for inspection otherwise a replacement charge will be made at the rate then in force (a list of replacement costs can be provided on request).

5. Delivery and collection

5.1. Where we are delivering Equipment to you:

a) we shall use reasonable endeavours to make delivery to the address agreed in accordance with clause 2.2.a) on the delivery date, but time is not of the essence and we shall not be liable to you in the event of any delay caused by an event out of our control;

b) you shall at your expense provide all requisite materials, facilities, access, parking spaces and suitable working conditions to enable delivery and installation to be carried out safely and expeditiously,

and “Delivery” and “Delivered” shall be the time at which we have finished unloading the Equipment.

5.2. Where you are collecting Equipment, you shall collect the Equipment from us at the time and location we have agreed in writing in advance and “Collect” and “Collection” shall be the time at which you begin moving or interacting with any Equipment at our premises.

5.3. If we have Delivered the Equipment, we shall collect the Equipment at the time agreed between us prior to the issue of the Quote from the Delivery address and “Pick Up” shall be the time at which we have inspected and fully loaded all of the Equipment.

5.4. If you have Collected the Equipment, you shall return the Equipment to our premises during business hours within the time agreed between us prior to the issue of the Quote and “Drop Off” shall be the time at which you have fully unloaded the Equipment and we have inspected it.

6. Title, risk, and insurance

6.1. The Equipment shall at all times remain our property and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to this agreement).

6.2. The risk of loss, theft, damage, or destruction of the Equipment shall:

a) pass to you on Delivery or Collection (as appropriate); and

b) pass back to us on Pick Up or Drop Off (as appropriate),

the period beginning on a) above and ending on b) above being the “Rental Period”.

6.3. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses and loss of profit) suffered or incurred by us arising out of or in connection with:

a) all loss and/or damage, however caused, in respect of the Equipment taking place during the Rental Period; and

b) any failure to facilitate our Collection of the Equipment, or Drop Off the Equipment (as appropriate),

and substituted equipment and items will not be accepted.

6.4. You shall obtain:

a) comprehensive public liability insurance suitable for all activities you, your agents, employees, or guests undertake at the event; and

b) insurance in respect of the Equipment at its full new, like-for-like replacement cost,

with a reputable insurer.

6.5. We have obtained a £10,000,000 Public & Product Liability Insurance policy in respect of our actions and equipment.

7. Your Obligations

7.1. You shall

a) co-operate with us in all matters relating to supplying the Equipment (and installation, if applicable);

b) provide to us, our employees, agents, consultants, and subcontractors, with access to your premises and other facilities as reasonably required by us.

c) provide us with such information and materials as we may reasonably require in order to supply the Equipment and ensure that such information is complete and accurate in all material respects; and

d) obtain and maintain all necessary licences, permissions and consents which may be required for the supply and/or installation (as appropriate) of the Equipment.

e) not remove or damage PAL labels on the Equipment.

f) ensure that the persons using the Equipment have received the appropriate instructions, information and training under all applicable law (including the Health and Safety at Work Act 1974);

g) contact us for operating instructions if you are not fully familiar with the Equipment.

h) immediately inform us of any damage to or loss of Equipment.

i) immediately inform us if the Equipment is faulty or not operating correctly; and

j) under no circumstances modify, repair or tamper with the Equipment or, for Wet Hire, install, reinstall, or modify the installation of the Equipment.

7.2. If our performance of any of our obligations under this agreement is prevented or delayed by any act or omission of you or your failure to perform any relevant obligation (“Customer Default”):

a) without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of supplying the Equipment items until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays our performance of any of our obligations.

b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 7.2; and

c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

7.3. Should you require the Equipment beyond the period set out in the Quote, you shall ask us to issue, and we shall issue at our discretion, a new Quote covering such extension. Clause 3 shall apply in connection with such Quote. We may not be able to offer the Equipment at the same charges for the extension as offered for the original period.

7.4. Should we consider that you are using the Equipment inappropriately, illegally, or unsafely, we reserve the right to require immediate Collection or Pick Up and you shall remain liable for the full fees.

7.5. You are responsible for ensuring the Equipment is suitable for use at the event venue. No refunds, part or full, will be given for non-use of Equipment that cannot be used due to any venue restrictions imposed. Not all Equipment is designed to fit through narrow doorways and/or up staircases. It is your responsibility to inform us of any access restrictions that may impede set up or restrict equipment use.

7.6. We visually check the Equipment prior to and/or on arrival. For Wet Hire, and if we are linking the Equipment to on site facilities, we reserve the right to refuse to do so if the Equipment is considered to be unsafe or liable to cause damage to any component linked to it. We may inspect portable appliances if a valid PAT identifier is not found, and our current rate of charge will apply.

7.7. You are to provide parking for one vehicle (Mercedes Sprinter or Transporter Van), as near to the performance area as possible. Any parking charges will be your responsibility to pay for.

8. Event and Production

8.1. None of the provisions of this clause 8 shall limit any obligation or prohibition on you under this agreement.

8.2. In relation to any drapes comprised in the Equipment:

a) these may have fold marks from storage, and you are responsible for any steaming required (a fabric steamer can be hired from us with your order); and

b) you shall not use sticking tape or otherwise fix anything to the fabric of any drapes and, for the avoidance of doubt, any stains or water marks on the same will result in professional cleaning costs and re-certifying of fire-retardant equality or complete replacement of the drapes.

8.3. In relation to Dry Hire, you shall not:

a) drill, staple, or screw directly into the top of the stage decks.

b) apply tape to the stage decks without removing the tape before return (without damaging the stage decks); or

c) leave flight cases or storage bags outside.

8.4. In relation to Wet Hire:

d) your event site must have a clear floor (no tables or chairs) prior to our arrival, and you will carry out any other reasonable request we specify in relation to the space prior to our arrival.

e) any time we spend moving venue furniture to create the required working space, and any resulting effect on your event shall, subject to clause 9.2, be your responsibility and we shall have no liability to you for this; and

f) any delay in accessing your event site, and any resulting effect on your event shall, subject to clause 9.2, be your responsibility and we shall have no liability to you for this.

9. Limitation of Liability

9.1. References to liability in this clause 9 include every kind of liability arising under or in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

9.2. Nothing in this agreement limits any liability which cannot legally be limited including liability for:

a) death or personal injury caused by negligence.

b) fraud or fraudulent misrepresentation; and

c) breach of the terms implied by section 7 of the Supply of Goods and Services Act 1982.

9.3. We shall not be liable under this agreement for any:

a) loss of profits.

b) loss of sales or business.

c) loss or damage to any to kit, paraphernalia, Equipment, or facilities used in connection with the Equipment (accept where we have installed the Equipment in connection with the same).

d) loss of agreements or contracts.

e) loss of anticipated savings.

f) loss of use or corruption of software, data, or information.

g) loss of or damage to goodwill; and

h) indirect or consequential loss.

9.4. Our total liability to you under this agreement shall not a sum equal to the total fees as set out in the Quote.

10. Cancellation and termination

10.1. You may cancel your hire of Equipment by giving us written notice. You will pay to us within 7 days of such notice the Relevant Percentage of our fees (as set out in the Quote) and 100% of our costs incurred in connection with:

a) any required accommodation, function room hire, Equipment, pre-booked food and beverage charges; and

b) any third-party charges incurred by us in connection with the abortive hiring.

10.2. The “Relevant Percentage” will be:

a) 50% if you cancel 30 Business Days prior to the first day of the proposed Rental Period.

b) 75% if you cancel less than 30 Business Days, but more than 14 Business Days prior to, the first day of the proposed Rental Period; and

c) 100% if you cancel less than 14 Business Days prior to, the first day of the proposed Rental Period.

11. Invoices & Payments

11.1. Any booking fee or deposit required in a Quote must be paid at the time the signed Quote is provided to us in accordance with clause 3. We shall set such fee off against the invoice we raise in accordance with this clause 11.

11.2. We shall raise invoices prior to the first day of the proposed Rental Period and, unless specified otherwise in the Quote, shall be paid no less than 21 days prior to such day.

11.3. You will pay the invoice by transfer to the bank account specified in our Quote (our bank details wil not change). At our discretion and where possible, we will accept payment by debit or credit cards.

11.4. If you have failed to pay an invoice in full prior to the first day of the proposed Rental Period, you shall be deemed to have cancelled the hiring in accordance with clause 10 on the day prior to the first day of the proposed Rental Period.

11.5. We will exercise our rights under the late payment regulations (Late Payment of Commercial Debts Act) to charge interest on overdue payments; we will charge an interest rate of 4% above the Bank of England base rate for any payment not received within 56 days for each day it is still not received.

12. General

12.1. Force majeure. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12.2. Assignment and other dealings.

a) We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under this agreement.

b) You shall not assign transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under this agreement.

12.3. Confidentiality

a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.3b).

b) Each party may disclose the other party's confidential information:

i. to its employees, officers, representatives, contractors, subcontractors, or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors, or advisers to whom it discloses the other party's confidential information comply with this clause; and

ii. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under this agreement.

12.4. Entire Agreement

a) This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

b) None of your terms, however you purport to apply them, shall apply to this agreement.

c) Each party acknowledges that in entering into the agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the agreement.

d) Nothing in this clause shall limit or exclude any liability for fraud.

12.5. Variation. Except as set out in this agreement, no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representative).

12.6. Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement deleted under this clause 12.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.7. Notices.

a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by fax to its main fax number or sent by email to the address specified in the Quote.

b) Any notice or communication shall be deemed to have been received:

i. if delivered by hand, at the time the notice is left at the proper address.

ii. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

iii. if sent by fax or email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

c) This clause 12.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

12.8. Third party rights.

a) Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement.

b) The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.

12.9. Waiver. A waiver of any right or remedy under the agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.10. Governing law. The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

12.11. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.

About Reveries

Our company name is: Reveries Events Ltd.

We are registered in England and Wales at the address: Unit 2, Dolphin Enterprise Centre, Evershed Way, Shoreham, West Sussex BN43 6QB and our company registration number is 05262915