TERMS AND CONDITIONS OF HIRE - SCENIC PROJECTS & SCENIC PANTOMIMES LTD

1. The Scenery supplied will be where possible as described in the appropriate specification booklets supplied by the contractor. However, whilst every effort will be made to supply the scenery as specified, the contractor reserves the right, without notice to replace, substitute or omit any elements of the set, scenery or stage properties which need replacement due to improvement, damage, health and safety, or for any other reason. 
2. The hirer will be responsible for any loss or damage to the hired items during the hire period. The hirer will insure the hired items for the full replacement value as stated in the Hire Agreement and will ensure that cover is included for and during transportation when arranged by the hirer, transfer from the lorry to the theatre, the set up at the theatre or venue; and cover for when the hired items are at the hirers venue or storage facilities. 
3. The Contractor will hold no responsibility for, or entertain allowance for late delivery of items hired to the hirer outside of the control of the hirer. This includes late arrivals on delivery or collection, strikes or lockouts, delays caused by other hirers, floods, inclement weather, acts of war or terrorism and acts of God. The contractor will not be responsible for any financial loss of the customer for whatever reason due to a failure to supply whether or not the reason is in or out of the contractor’s control. The hirer should ensure they have insurance in place for any such potential losses.
4. Any damage or losses not caused through normal wear and tear will be the responsibility of the hirer and the contractor will charge accordingly for the full replacement value. The hirer will be responsible for any damage irrespective of whether the damage and or loss were caused by themselves or others (i.e. theatre staff, hauliers, member of the public).
5. The hirer will be responsible for arranging the careful unloading/loading of any delivery or collection and will ensure that adequate personnel are at hand to assist with the loading or unloading. Any delays exceeding 2 hours after arrival caused to the contractor or hauliers, by the hirer may be chargeable by the hour. Times will be dictated by the required Get in/Get out times specified on the supplied order forms unless otherwise agreed.
6. It is assumed unless otherwise stated or requested that the hirer has normal stage facilities and equipment for bracing, braking, weighting, balancing or hanging the stage scenery supplied. No hanging wires, stage braces, brakes or stage weights will be supplied by the contractor. It is essential that the hirer ensures that all the items supplied are fixed, used and handled safely and that they will do their own Risk Assessments based on the needs of their own production and venue.
7. Where possible, fire retardant materials are used in the manufacture of our product, but the company cannot guarantee fire retardancy levels.
8. The contractor will assume that collection of the said hire items will commence immediately after the final performance, unless otherwise stated. The contractor will most probably be transporting the hired items on to another venue and will therefore require assistance to ensure a time strike of the set. It is requested that priority be given to the striking of scenery to ensure a timely get away and there should be enough staff available until the lorry driver has closed the doors on his/her load.
9. The contractor will not enter in to any complaints or claims made by the hirer concerning damage or items not received unless they are made within 24 hours of the first working day after the delivery of the set to the contractor.
10. The hirer agrees to credit the contractor for the supply by stating in any literature or advertising material that the Scenery and properties were supplied by Scenic Projects Ltd, Brampton, Suffolk.
11. The supplier will be entitled to retrieve the goods at any time should payment terms not be met as stated below or as subsequently agreed.
12. The hirer will make available upon request two house seats for any performance that their said hired equipment is in use and will allow inspection/viewing of their hired items at any time whilst they are in the hirer control. 
13. The hirer will supply upon request photographs and will allow the contractor to take photographs of the production that the hired equipment is supplied.
14. The hirer agrees to pay the contractor the total stated below.
15. The hirer has the rights to retrieve any goods not paid for as agreed at any time.
16. The Contractor may change these terms from time to time, giving notice of no less than one month.

General Terms and Conditions of Payment

First Payment 1/3rd Hire Charge with order 
Second Payment 1/3rd Payable one month before delivery
Final Payment 1/3rd Payable 28 days after final performance
The full transport costs are payable prior to delivery.

These conditions can vary especially for new, overseas or short notice orders. 
Please note we will reserve the right to change these conditions if the terms of the agreement are not met, including requesting full payment for hire and transport prior to delivery.
The Contractor will have the right to retrieve goods on hire at any time if the payment terms are not met.
The Contractor will have the right to cancel the booking if the payment terms are not met with the hirer forfeiting any payments made.

Delays in payment will incur an interest charge of 5% per month above the base rate set by the Bank of England

Penalties for Cancellation
These will depend on the reason for cancellation and will fall into 2 categories

1. Cancellation of the contract were the show is totally cancelled due to unforeseen circumstances out of the control of the hirer, the following penalties will apply

Cancellation after order 33% of the full contract price payable
Cancellation within 90-120 days of the delivery date 50% of the full contract price payable
Cancellation within 89-60 days of the delivery date 75% of the full contract price payable
Cancellation within 60 days of the delivery date Full contract price payable

2. Cancellation of the contract due to the hirer choosing another supplier the following penalties will apply

Payment of the full contract agreed.

For new shows, Scenic Projects will reserve the right to charge 100% of the hire fee if ordered and subsequently cancelled within the first year of release for whatever reason in order to meet the commitments of building.

Please note any verbal or email agreements are binding