Sound Truth Ltd
Our Terms and Conditions
for provision of equipment and crew for your Event(s)
1 Definitions
1.1 "the Equipment" shall mean goods, components and other items hired
or sold by Sound Truth Ltd or any part thereof
1.2 “the Crew” shall mean persons hired, employed, or engaged by Sound
Truth Ltd to undertake delivery or use of the Equipment supplied.
1.3 "the Customer" is the person, firm, corporate or public body hiring
or purchasing the Equipment. Any person purporting to act on behalf of
the Customer shall be bound by the Contract
1.4 "Consequential loss" shall mean loss of profits, contracts or other
consequential loss or damages whatsoever
1.5 The Contract shall be interpreted and applied in accordance with
English Law and the parties to this contract agree to submit to the
exclusive jurisdiction of the English Courts
2 Hire Charges & Ownership
2.1 Prices may be revised prior to any final agreement. Having agreed a
to a hire fee for equipment and crew, and to these terms and conditions
with us, you are liable to pay any fees due under that agreement on or
before the date specified.
2.2 Where no date is specified, the whole outstanding balance of any
agreed fee falls due and payable on completion of the event(s).
2.3 Late payment is subject to an additional charge of 8% of the amount
overdue. Legal proceedings may be undertaken to recover monies
more than 30 days overdue.
2.4 You agree to the payment of the Security Deposit (if due). Such sum
shall be payable prior to the hire of any equipment and shall held by
us and set off against any loss or damage to the equipment or
cancellation of the hire booking by you
2.5 You herewith agree that all additional charges under any of the
terms herein, including loss, damage, theft, and additional hire
charges, will be charged and due immediately.
2.6 In the event that you return the equipment late, you agree to
indemnify us against all losses, expenses, damages and costs arising
out of your failure to return the Equipment
2.7 You hereby acknowledge and agree that:
2.8. at all times, the Equipment remains the property of Sound Truth
Ltd.
2.9. you shall keep the equipment free from lien, distress, execution
or other legal process and refrain from prejudicing our rights in the
Equipment.
In the event that the Equipment is lost, stolen, distained upon or you
are dispossessed of the Equipment in any way, you hereby agree to
provide all reasonable assistance and co-operation to Sound Truth Ltd
to enable the re-possession of the equipment.
3 Cancellation
3.1 On cancellation of an agreed hiring where we receive less than 14
days notice of cancellation, you are liable to pay the whole of any
agreed fee.
3.2 Where we receive more than 14 but less than 30 days notice of
cancellation, you are liable to pay 50% of any agreed fee.
4 Our obligations
4.1 We will endeavour to supply equipment and crew in accordance with
the agreements made. We have never failed to turn up at an event
we have been engaged to cover. In the unprecedented event that we
cannot fulfil an engagement, you the Customer agree our liability is
limited to the cost of arranging alternative hire, subject to a maximum
of the fee we have agreed with you. We cannot accept liability for any
other direct or Consequential loss.
4.2 In the unlikely event that we need to cancel our services, we will
endeavour to arrange alternative equipment and crew, limited to the
maximum of the previously agreed fee.
5 Force majeure
We will not be liable for any failure to supply a product or service
where that failure is wholly caused by an event beyond our control that
we could not reasonably anticipate, forestall or prevent. This may
include (but is not limited to) acts of war, terrorism, extreme weather
conditions, or natural disasters. Where any public authority advises
that only essential journeys should be undertaken, any product or
service we supply will not be considered essential.
6 Specified Equipment
We reserve the right to provide alternative equipment, other than the
equipment specified in the agreement or booking form, if we deem it to
be equivalent or better that the specified equipment.
7 Condition of Equipment
We undertake to ensure that any equipment provided will be serviceable
and fit for purpose. Where equipment fails or is damaged in
transit, we will provide replacements on a ‘best effort’ basis.
Where equipment is used without our supervision, we check the condition
and operation of all items before they leave us. On accepting delivery
you agree that an item is in good condition and fully operational.
8 Lost or Damaged Equipment
8.1 We cannot accept responsibility for the safety or security of any
hirer's or third party's premises, and unless it arises from our own
actions or negligence a hirer is liable to us for the whole cost of any
damage to or theft or loss of our equipment. This includes damage from
a third parties use of the equipment.
8.2 The customer shall be liable for cost of repairing any damage
howsoever caused to our equipment by the Customer or third parties
present at the event(s).
9 Crowd Control, Security
9.1 The Customer must accept full responsibility for crowd control and
other security issues at their event(s). This could mean security
barriers around speaker stands to prevent injury to the public, or
barriers around the mixing desk to prevent spilt drinks. 9.2 The
customer indemnifies Sound Truth ltd from any legal proceedings or
consequential costs that may arise from inadequate crowd control or
security measures.
9.3 We suggest that the Customer arranges public liability insurance to
cover any such eventualities.
10 Electrical safety
10.1 Our equipment is regularly inspected and tested but is the
hirer's responsibility to ensure provision of a safe (230/240 volt AC,
32 amp or 13 amp) supply, with an earth loop impendence in accordance
with IEE regulations. An RCD protected supply is preferable.
10.2 Where portable generators are used, these must be regulated and
adequately grounded, and an RCD must be supplied. Please contact us if
you are unsure about what power will be required.
If we deem the electrical supply to be unsafe to use, we will not
connect our equipment, and the full fee will remain payable.
11 Sound Pressure levels
11.1 High sound pressure levels can cause permanent hearing damage.
Repeated exposure can have a cumulative effect. Drums and guitar
amplifiers can create very high sound pressure levels, and we recommend
that musicians playing in bands wear earplugs.
11.2 Our equipment is capable of producing high enough sound pressure
levels to cause hearing damage, however, we cannot accept liability for
any individual's failure to stay at an appropriate distance from
loudspeakers or take any necessary steps to protect their own hearing.
You may wish to ensure that warning notices are displayed, hearing
protection is issued, or safety barriers are erected.
11.3 We will endeavour to mix to a requested level measure in dB(A) at
the mixing desk.
11.4 We reserve the right to intervene if any band or guest engineers
mix beyond 105dB(A) measured at the mixing desk. This sustained
level is not a comfortable or safe environment for our engineers.
11.5. Anyone in the stage or performance area while the equipment is in
use are there at their own risk.
12 Cable Trip hazards
The crew will make every effort to secure cables to the floor or tuck
cables against walls, especially in public access areas. Parts of
the performance area however will have tens of cables running in
different directions, and it may not be practical to secure them
all. Therefore anyone entering the performance area does so at
their own risk. We advise that appropriate signs are displayed,
especially if no barriers are used around the performance area.
13 Overruns
You the Customer agree that if the duration of an event runs over the
stated or agreed finish time by more than 30 minutes, you shall, at our
discretion, pay us a surcharge that will not exceed 10% of the
event/function price for our continued service, per each extra hour or
any part thereof, over and above this time.