Terms & Conditions
GENERAL CONDITIONS OF THE SUPPLY OF A SOUND SYSTEM FOR TECHNICAL EVENT
HIRE OF A SOUND SYSTEM and a DJ/SOUND ENGINEER
1.1 “Debut Productions and events (PTY) Ltd” (“the Company”) agrees to provide a sound system and/or DJ/Sound Engineer (“the service”) as specified in the booking form on the terms and conditions contained in the Invoice (”booking form”) and herein.
1.2 The customer can only acquire a valid booking of the service by paying the specified Non-Refundable deposit to the Company.
The booking will be confirmed by the Company on receipt of proof of payment of deposit document send to contact details supplied on booking form.
CUSTOMER’S OBLIGATIONS
2.1 the customer (who is irrevocably deemed to be the person who signs this document) shall be fully responsible for the full payment of the hire charge as specified in the booking form.
2.2 The set time period during which the service shall be supplied, shall be specified by the customer and/or the company in the booking form. It shall be the customer’s responsibility to determine exactly what extended period of the service will be required and to convey that instruction to the
person providing the service, failing such instruction the customer hereby consents to any and all further periods that are in fact requested.
The customer is responsible for making full payment for all extended periods at the rate as specified in the booking order.
2.3 In the event that any of the sound system’s equipment is lost, destroyed, stolen or damaged as a result of any act unlawful and/or negligent, by the customer and/or any of the attendees of the function, artists or staff of the venue (”customer’s guests’), the customer shall be liable to make good the full replacement costs thereof.
2.4 Should there be adverse weather conditions (Including, but not limited to, rain, the flow of storm water, wind, hail, lighting, fire, action of elements and any act of God or Vis Major) that could lead to damage of equipment, the equipment cannot be operated. If the customer insists on the equipment being operated, the customer shall be liable to make good the full replacement costs thereof should any damage be incurred.
2.5 If the use of a Skyjack or Forklift is required to complete the contract, the customer shall be liable for the costs thereof.
2.6 Where applicable, we require a 3-Phase 32 Amp power supply with separate earth and neutral, terminating at a Distribution Box with Circuit Breakers as close to the back of the stage as possible. A qualified Electrician from the venue must be on hand to oversee connection at the time of load in.
2.7 Where applicable, a Certificate of Compliance will be issued at the cost of R550.00, which will be for the clients account. This certificate is to safeguard the Company from any liability in case of power problems as well as to verify the safety of our equipment.
2.8 Where applicable, the customer must provide adequate parking immediately adjacent to the staging area for the loading and unloading of equipment.
2.9 The customer must issue parking/vehicle access permits for all designated Company vehicles and employees in advance of our arrival at the venue.
2.4 The Company shall not be liable for any damage whatsoever sustained by the customer and/or any of the customer’s guests Due to any unlawful or negligent and any claims arising out of or in connection with the hire and use of the equipment by the customer, save that the Company will use its best endeavours to ensure that this equipment is operational and that the DJ/Sound Engineer is reliable, punctual and sober.
2.5 The company will not accept any liability for the loss or damage of any items supplied by the customer to the Company and / or the DJ/Sound Engineer.
2.6 Terms of Settlement: The balance of monies due to the Company as specified in the booking confirmation falls due the day of the function in Cash.
2.7 In the event where the balance has not been received and cleared prior to the event, the Company reserves the right to disallow the service to commence/continue.
2.8 It is required to supply the DJ/Sound Engineer with a basic meal and soft drinks during the course of the evening. In the event where the travelling distance to the event address exceeds 100 (one hundred) kilometres from Kempton Park a meal may need to be supplied for an assistant as well.
2.9 Upon paying your deposit and signing the document, you acknowledge that you have Read, Understood and Agree to these Terms & Conditions.
2.10 All costs (including attorneys costs on the scale as between attorney and own client) incurred by the Company in recovering outstanding payments shall be payable by the customer.
CANCELLATION
Should the customer for any reason request the cancellation of an existing booking the customer shall be held liable for 50% (fifty percent) of the total booking price if cancelled 30 (thirty) days or more in
Advance and 100% of the total booking price if cancelled within less than 30 days of the event date whether a deposit has been paid or not.
COMPANY’S UNDERTAKING
the Company shall make all reasonable endeavours to ensure that the sound system equipment and personnel be available at the date and time specified.
4.1 The equipment shall be delivered by the Company to the customer on the delivery date and at the delivery place.
4.2 The DJ/Engineer will be booked to play/engineer for the number of hours as set out in the Booking form.
4.3 One pre-function consultation with the DJ/Sound Engineer is included at a location of the customer’s choice no further than 30 km from Kempton Park and may be held after hours at a time and date that is mutually convenient for the customer and the DJ/Sound Engineer. If further consultations are required, these will be charged for.
DJ/SOUND ENGINEER.
Whilst the Company will endeavour to provide a specifically requested DJ/Sound Engineer for the function – the terms of this contract are unaffected should this not be possible due to circumstances beyond the Company’s control.
LIMITATION OF LIABILITY
The customer shall have no claim of any nature against the Company for any loss suffered or damages sustained by the customer and or customer’s guest from any cause including the installation or malfunction of the sound system equipment other than the specific remedies provided, including any negligence or unlawful act by the company and/or its employees .Furthermore the Company retains the right to disallow the service to commence/continue due to negligence of the customer and/or guests of the customer, incorrect information supplied to company and/or DJ/Sound engineer, improper use of any/all sound equipment by customer and/or the customer’s guests.
MISCELLANEOUS
7.1 The customer consents to the jurisdiction of the Magistrate’s Court of the district in which the customer’s domicile is situated in respect of
any legal proceedings arising out of this agreement.
7.2 The parties elect their representative domicile for purposes of notice and service of process and proceedings at the addresses specified on this booking form.
7.3 No variation of the contract will be of any force or effect unless it is reduced to writing and signed by both parties.