{"id":12628,"date":"2020-04-30T11:33:20","date_gmt":"2020-04-30T11:33:20","guid":{"rendered":"https:\/\/weareshowcase.com\/?page_id=12628"},"modified":"2021-08-03T10:27:54","modified_gmt":"2021-08-03T10:27:54","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/weareshowcase.com\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” scene_position=”center” text_color=”dark” text_align=”left” top_padding=”80″ bottom_padding=”100″ overlay_strength=”0.3″ shape_divider_position=”bottom” bg_image_animation=”none” shape_type=””][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_link_target=”_self” column_shadow=”none” column_border_radius=”none” width=”1\/1″ tablet_width_inherit=”default” tablet_text_alignment=”default” phone_text_alignment=”default” overlay_strength=”0.3″ column_border_width=”none” column_border_style=”solid” bg_image_animation=”none”][vc_column_text css=”.vc_custom_1588247178281{padding-bottom: 40px !important;}”]\n

Customer Terms and Conditions<\/span><\/h1>\n[\/vc_column_text][vc_column_text]\n

Contract summary and agreed schedules will be included based on quotation and specification of order which will be included when hiring our goods and services.<\/h2>\n

AGREED TERMS<\/h1>\n

<\/a>1. Interpretation<\/h2>\n

1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The following definitions and rules of interpretation apply in this Contract.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
“Applicable Laws” <\/strong><\/td>\nall applicable laws, statutes, regulations and codes from time to time in force.<\/td>\n<\/tr>\n
\u201cAudio Visual Technical Production\u201d<\/strong><\/td>\nmeans product specification and technical management along with hiring audio visual, lighting and rigging equipment to live events at the Event Venue internally and externally in temporary installations and as further set out in Schedule 1.<\/td>\n<\/tr>\n
“AVI’s Materials” <\/strong><\/td>\nany equipment, including tools, systems, cabling or facilities, provided by AVI to the Customer and used directly or indirectly in the supply of the Services including any such items specified a relevant Schedule.<\/td>\n<\/tr>\n
“Business Hours” <\/strong><\/td>\nthe period from 9.00 am to 5.00 pm on any Business Day.<\/td>\n<\/tr>\n
“Business Day” <\/strong><\/td>\na day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.<\/td>\n<\/tr>\n
“Change Order” <\/strong><\/td>\nhas the meaning given in clause 12.1.<\/td>\n<\/tr>\n
“Charges” <\/strong><\/td>\nthe payments made by or on behalf of Customer for hire of the Equipment, for Services for Sale Products and\/or costs and expenses (as the case may be) as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cCommencement Date\u201d<\/strong><\/td>\nthe date as defined in clause 19.1.<\/td>\n<\/tr>\n
\u201cContent Creation Services\u201d<\/strong><\/td>\nmeans the creation of digital material in form of video and audio content for display on video and audio systems and as further set out in Schedule 2.<\/td>\n<\/tr>\n
\u201cController, processor, data subject, personal data, personal data breach, processing and appropriate technical measures\u201d <\/strong><\/td>\nas defined in the Data Protection Legislation.<\/td>\n<\/tr>\n
\u201cCustomer\u201d<\/strong><\/td>\nmeans the customer as set out on the Contract Summary.<\/td>\n<\/tr>\n
\u201cCustomer\u2019s Materials\u201d <\/strong><\/td>\nany equipment, including tools, systems, cabling or facilities, provided by the Customer, its agents, subcontractors or consultants which is used directly or indirectly in the supply of the Services including any such items specified in any of the Schedules.<\/td>\n<\/tr>\n
\u201cCustomer Documentation\u201d <\/strong><\/td>\nall documents, information, items and materials in any form, whether owned by the Customer or a third party, which are provided by the Customer to AVI in connection with the Equipment and\/or Services.<\/td>\n<\/tr>\n
\u201cData Protection Legislation\u201d <\/strong><\/td>\nthe UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).<\/td>\n<\/tr>\n
\u201cDeliverables\u201d <\/strong><\/td>\nany output of the Services to be provided by AVI to the Customer as specified in a relevant Schedule and any other documents, products and materials provided by AVI to the Customer in relation to the Services (excluding AVI\u2019s Materials).<\/td>\n<\/tr>\n
\u201cDelivery\u201d <\/strong><\/td>\nthe transfer of physical possession of the Equipment and\/or Sale Products and\/or the completion of the Services to the Customer (as the case may be).<\/td>\n<\/tr>\n
\u201cDesign and Build Services\u201d<\/strong><\/td>\nmeans the conceptual and creative design for any stage, set & scenic backdrop for an Event to include product specification, manufacturing and installation of the designed concept and Equipment for temporary installations as further set out in Schedule 3.<\/td>\n<\/tr>\n
\u201cDry Hire\u201d<\/strong><\/td>\nwhere the Customer hires the Equipment but will not be provided any Services by AVI.<\/td>\n<\/tr>\n
\u201cEnd Date\u201d<\/strong><\/td>\nthe last day of the Rental Period as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cEquipment\u201d <\/strong><\/td>\nthe items of equipment for hire listed in the Quote and all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.<\/td>\n<\/tr>\n
\u201cEvent\u201d<\/strong><\/td>\nthe event(s) for which the Equipment and\/or Services are being provided as set out in the Contract Summary.<\/td>\n<\/tr>\n
“Event Venue” <\/strong><\/td>\nmeans the location where the Equipment and\/or Services will be located and\/or performed as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cExhibition Services\u201d<\/strong><\/td>\nmeans the conceptual designs and creative design for exhibition stands at events at the Event Venue. This includes but is not limited to fabrication of material, electrical installation, digital print and furnishings, installation of the designed concept and temporary installations at events as further set out in Schedule 4.<\/td>\n<\/tr>\n
“Force Majeure Event” <\/strong><\/td>\nmeans any event or sequence of events beyond a party\u2019s reasonable control and which prevents it from, or delays it in, performing its obligations under the Contract including, but not limited to, (a) an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster; (b) an act of any sovereign including war (or threat of, or preparation for war), armed conflict (or threat of, or preparation for, armed conflict), invasion, act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation; (c) acts of terrorism, civil war, civil commotion or riot (or the threat of, or preparation for, acts of terrorism, civil war, civil commotion or riot); (d) civil emergency (whether an emergency be declared or not); (e) fire or explosion (other than, in each case, one caused by breach of contract by, or with the assistance of, the party seeking to rely on it as a force majeure event or by a member of the same group as such party), (f) adverse weather conditions; (g) nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority; (h) embargo, blockade, imposition of sanctions or breaking off of diplomatic relations or similar actions; (i) radioactive, nuclear, chemical or biological contamination or sonic boom, pressure waves caused by aircraft travelling at sonic or supersonic speeds; (j) law, or governmental order, rule, regulation or direction, judgment, order or decree; (k) epidemic or pandemic; (l) labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott other than by a member of the same group as the party seeking to rely on it as a force majeure event; (m) interruption or failure of utility service including to electric power, gas, water, internet or telephone service; (n) loss at sea; (o) collapse of building structures; (p) failure of the transportation of any personnel, equipment, machinery supply or material required by a party for performance of the Contract; (q) failure of plant machinery, machinery, computers or vehicles; (r) non-performance by suppliers or sub-contractors; (s) malicious or negligent damage or other act (other than, in each case, by the party seeking to rely on it as a force majeure event or by a member of the same group as such party); (t) any action taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent or the imposition of an export restriction, import restriction, quota or other restriction or prohibition;<\/td>\n<\/tr>\n
\u201cFurniture Hire\u201d<\/strong><\/td>\nmeans hiring certain furniture and furnishing products at the Event Venue in a creative design for the Event space and temporary hire for live events as further set out in Schedule 5.<\/td>\n<\/tr>\n
\u201cInitial Term\u201d<\/strong><\/td>\nthe initial term of the Contract as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cIntellectual Property Rights\u201d <\/strong><\/td>\npatents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world in relation to the Services, Deliverables and Equipment.<\/td>\n<\/tr>\n
\u201cPermanent Installation Services\u201d<\/strong><\/td>\nmeans technical audio visual equipment specification and permanent installation of the Customer\u2019s design brief at the Event Venue as further set out in Schedule 6.<\/td>\n<\/tr>\n
\u201cPower Services\u201d<\/strong><\/td>\nmeans the design of temporary exhibition and event power, installation and management of power (including electric) to the Events at the Event Venue internally & externally as further set out in Schedule 7.<\/td>\n<\/tr>\n
\u201cPrint Services\u201d<\/strong><\/td>\nmeans the digital format print design and printing of various print materials and installation of the same at Event Venue for temporary Event branding as further set out in Schedule 8.<\/td>\n<\/tr>\n
\u201cProject Management Services\u201d<\/strong><\/td>\nmeans consultation and management services for Events internally & externally including operation, logistical, technical, temporary installation of all Services that AVI is appointed to manage at the Event Venue as further set out in Schedule 9.<\/td>\n<\/tr>\n
\u201cQuote\u201d<\/strong><\/td>\nthe quotation document given to the Customer with the same Quotation No as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cRental Period”<\/strong><\/td>\nthe period of hire as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cSale Products\u201d<\/strong><\/td>\nequipment and products AVI sells (not on a hire basis) to the Customer as set out in the Quote.<\/td>\n<\/tr>\n
“Services” <\/strong><\/td>\nmeans any one or more of Audio Visual Technical Production, Content Creation Services, Design and Build Services, Exhibition Services, Permanent Installation Services, Project Management Services, Print Services, Power Services and Furniture Hire provided to the Customer as identified and reflected in the relevant Schedules attached to this Contract.<\/p>\n

 <\/td>\n<\/tr>\n

\u201cStart Date\u201d<\/strong><\/td>\nthe first day of the Rental Period as set out in the Contract Summary.<\/td>\n<\/tr>\n
\u201cTerm\u201d<\/strong><\/td>\nhas the meaning set out in clause 19.2.<\/td>\n<\/tr>\n
“Total Loss” <\/strong><\/td>\ndue to the Customer’s act or omission, the Equipment is, in AVI\u2019s reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.<\/td>\n<\/tr>\n
“UK Data Protection Legislation” <\/strong><\/td>\nall applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016\/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002\/58\/EC (as updated by Directive 2009\/136\/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003\/2426) as amended.<\/td>\n<\/tr>\n
“VAT” <\/strong><\/td>\nvalue added tax or any equivalent tax chargeable in the UK or elsewhere.Clause, Schedule and paragraph headings shall not affect the interpretation of this Contract.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

1.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Clause, Schedule and paragraph headings shall not affect the interpretation of this Contract.
\n1.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
\n1.4 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Schedules form part of this Contract and shall have effect as if set out in full in the body of this Contract and any reference to this Contract includes the schedules. References to clauses and Schedules are to the clauses and Schedules of this Contract and references to paragraphs are to paragraphs of the relevant Schedule.
\n1.5 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
\n1.6 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
\n1.7 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
\n1.8 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
\n1.9 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A reference to writing or written includes fax and e-mail.
\n1.10\u00a0 \u00a0 \u00a0 \u00a0 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
\n1.11\u00a0 \u00a0 \u00a0 \u00a0 \u00a0A reference to this Contract or to any other agreement or document referred to in this Contract is a reference to this Contract or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Contract) from time to time.
\n1.12\u00a0 \u00a0 \u00a0 \u00a0 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.<\/p>\n

EQUIPMENT HIRE<\/h1>\n

Clauses 2 to 6 shall only apply to the hiring of Equipment.<\/p>\n

2. Rental Period<\/h2>\n

2.1\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0AVI shall hire the Equipment to the Customer for use at the Event Venue subject to the terms of this Contract.<\/p>\n

2.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Rental Period starts on the Start Date and ends on the End Date unless terminated earlier in accordance with this Contract.<\/p>\n

2.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the Customer does not accept Delivery or otherwise collect the Equipment by the Start Date (as the case may be), then, unless there is a Force Majeure Event preventing Delivery, the Rental Period shall commence regardless and the Customer is liable for Charges relating to the entire Rental Period.<\/p>\n

2.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 AVI shall not, other than in the exercise of its rights under this Contract or applicable law (or if required to do so in supplying the Services and Deliverables), interfere with the Customer’s quiet possession of the Equipment during the Rental Period.<\/p>\n

3. TITLE AND RISK<\/h2>\n

3.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Equipment shall at all times remain the property of AVI, and the Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms of this Contract).
\n3.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Risk of the Equipment shall pass to the Customer on Delivery in accordance with clause 6.<\/p>\n

<\/a>4. Customer’s responsibilities<\/h2>\n

4.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Customer shall during the Term:<\/p>\n

4.1.1\u00a0 \u00a0 \u00a0 \u00a0ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by AVI;<\/p>\n

4.1.2\u00a0 \u00a0 \u00a0 take such steps (including compliance with all safety and usage instructions provided by AVI) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;<\/p>\n

4.1.3\u00a0 \u00a0 \u00a0 in relation to Dry Hire only, maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Start Date (fair wear and tear only excepted);<\/p>\n

4.1.4\u00a0 \u00a0 \u00a0 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in AVI immediately upon installation;<\/p>\n

4.1.5\u00a0 \u00a0 \u00a0 keep AVI fully informed of all material matters relating to the Equipment;<\/p>\n

4.1.6\u00a0 \u00a0 \u00a0 subject to anything set out to the contrary in the Schedules, at all times keep the Equipment in the possession or control of the Customer and keep AVI informed of its location;<\/p>\n

4.1.7\u00a0 \u00a0 \u00a0 permit AVI or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Event Venue or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;<\/p>\n

4.1.8\u00a0 \u00a0 \u00a0maintain operating records of the Equipment and make copies of such records readily available to AVI, together with such additional information as AVI may reasonably require;<\/p>\n

4.1.9\u00a0 \u00a0 \u00a0not, without the prior written consent of AVI, part with control of, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it<\/p>\n

4.1.10\u00a0 \u00a0save for Permanent Installation Services, not without the prior written consent of AVI, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building by any person other than AVI. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify AVI against all losses, costs or expenses incurred as a result of such affixation or removal;<\/p>\n

4.1.11\u00a0 \u00a0 save for Permanent Installation Services and not do or permit to be done any act or thing which will or may jeopardise the right, title and\/or interest of AVI in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that AVI may enter such land or building and recover the Equipment both during the Term and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of AVI of any rights such person may have or acquire in the Equipment and a right for AVI to enter onto such land or building to remove the Equipment;<\/p>\n

4.1.12\u00a0 \u00a0 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify AVI and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify AVI on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;<\/p>\n

4.1.13\u00a0 \u00a0 not use the Equipment for any unlawful purpose;<\/p>\n

4.1.14\u00a0 \u00a0 ensure that at all times the Equipment remains identifiable as being AVI\u2019s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;<\/p>\n

4.1.15\u00a0 \u00a0 deliver up the Equipment on or before the End Date or on earlier termination of this Contract at such address as AVI requires, or if necessary allow AVI or its representatives access to the Event Venue or any other location where the Equipment is located for the purpose of removing the Equipment; and<\/p>\n

4.1.16\u00a0 \u00a0 not do or permit to be done anything which could invalidate the insurances referred to in clause 6.<\/p>\n

4.2\u00a0 \u00a0 \u00a0 \u00a0 \u00a0The Customer acknowledges that AVI shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify AVI on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Contract.<\/p>\n

5. Faulty Equipment<\/h2>\n

5.1\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Subject to clause 5.2, if the Customer gives notice in writing to AVI after promptly discovering that some or all of the Equipment is faulty and such fault is not due to any acts or omissions of the Customer:<\/p>\n

5.1.1\u00a0 \u00a0 \u00a0 AVI shall be given a reasonable opportunity of examining such Equipment;<\/p>\n

5.1.2\u00a0 \u00a0 \u00a0 the Customer (if asked to do so by AVI) shall promptly return such Equipment to AVI’s Address at AVI’s cost; and<\/p>\n

5.1.3\u00a0 \u00a0 \u00a0 AVI shall, at its sole option, repair or replace the defective Equipment, or refund the Charges relating to the defective Equipment in full and this shall be the Customer\u2019s sole remedy in relation to faulty Equipment.<\/p>\n

5.2\u00a0 \u00a0 \u00a0 \u00a0 AVI shall not be liable to repair, replace or refund the Charges for defective Equipment under clause 5.1 in any of the following events:<\/p>\n

5.2.1\u00a0 \u00a0 \u00a0the Customer makes any further use of such Equipment after giving notice in accordance with clause 5.1;<\/p>\n

5.2.2\u00a0 \u00a0 the defect arises because the Customer failed to follow AVI’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Equipment or (if there are none) good trade practice regarding the same;<\/p>\n

5.2.3\u00a0 \u00a0 the defect arises as a result of AVI following any instructions, drawing or design supplied by the Customer;<\/p>\n

5.2.4\u00a0 \u00a0 the Customer alters or repairs such Equipment without the written consent of AVI;<\/p>\n

5.2.5\u00a0 \u00a0 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;<\/p>\n

5.2.6\u00a0 \u00a0 Total Loss; or<\/p>\n

5.2.7\u00a0 \u00a0 the Equipment differs from its description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.<\/p>\n

5.3\u00a0 \u00a0 \u00a0 \u00a0The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.<\/p>\n

5.4\u00a0 \u00a0 \u00a0 \u00a0This Contract shall apply to any repaired or replacement Equipment supplied by AVI.<\/p>\n

<\/a>6. Insurance<\/h2>\n

6.1\u00a0 \u00a0 \u00a0 \u00a0The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on Delivery. The Equipment shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Equipment is redelivered to AVI. During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:<\/p>\n

6.1.1\u00a0 \u00a0 insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as AVI may from time to time nominate in writing;<\/p>\n

6.1.2\u00a0 \u00a0 insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as AVI may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and<\/p>\n

6.1.3\u00a0 \u00a0 insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as AVI may from time to time consider reasonably necessary and advise to the Customer.<\/p>\n

6.2\u00a0 \u00a0 \u00a0 \u00a0All insurance policies procured by the Customer shall be endorsed to provide AVI with at least twenty (20) Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon AVI\u2019s request name AVI on the policies as a loss payee in relation to any claim relating to the Equipment. The Customer shall be responsible for paying any deductibles due on any claims under such insurance policies.<\/p>\n

6.3\u00a0 \u00a0 \u00a0 The Customer shall give immediate written notice to AVI in the event of any Total Loss, accident or damage to the Equipment, AVI’s Materials and furniture rented as part of the Furniture Hire arising out of or in connection with the Customer’s possession or use of the Equipment.<\/p>\n

6.4\u00a0 \u00a0 \u00a0 At AVI\u2019s instruction, the Customer shall either be required to:<\/p>\n

6.4.1\u00a0 \u00a0promptly repair the Equipment to a very high standard using a suitably qualified person; or<\/p>\n

6.4.2\u00a0 promptly replace such Equipment in its entirety on a like-for-like basis (in AVI\u2019s sole opinion).<\/p>\n

6.5\u00a0 \u00a0 \u00a0If the Customer fails to effect or maintain any of the insurances required under this Contract, AVI shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Customer.<\/p>\n

6.6\u00a0 \u00a0 \u00a0Pursuant to clause 6.5, if the Customer does not effect or maintain insurance in accordance with this clause 6, AVI shall be entitled to charge an additional amount to the Customer that is equivalent to 12.5% of the Charges to cover any additional insurance premium AVI incurs in insuring the Services and Equipment supplied to the Customer under this Contract.<\/p>\n

6.7\u00a0 \u00a0 \u00a0The Customer shall, on demand, supply copies of the relevant insurance certificates or other insurance confirmation acceptable to AVI and proof of premium payment to AVI to confirm the insurance arrangements.<\/p>\n

SALE PRODUCTS<\/h1>\n

Clauses 7 and 8 only apply to the sale of Sale Products.<\/p>\n

7. Sale of Products<\/h2>\n

7.1\u00a0 \u00a0 The Sale Products are described in the Contract Summary.<\/p>\n

7.2\u00a0 \u00a0 The Customer shall be entitled only to such warranty or other benefit as AVI has received from the manufacturer of the Sale Products.<\/p>\n

7.3\u00a0 \u00a0 AVI shall ensure the Sale Products are accompanied by a delivery note on Delivery that shows the date of the Order, the contract number, the type and quantity of the Sale Products and special storage instructions (if any).<\/p>\n

7.4\u00a0 \u00a0 AVI shall either Deliver the Sale Products to the Event Venue or the Customer shall collect the Sale Products from AVI’s Address at any time after AVI notifies the Customer that the Sale Products are ready.<\/p>\n

8. Title and risk<\/h2>\n

8.1\u00a0 \u00a0 The risk in the Sale Products shall pass to the Customer on Delivery.<\/p>\n

8.2\u00a0 \u00a0 Title to the Sale Products shall not pass to the Customer until AVI receives payment in full (in cash or cleared funds) for the Sale Products and any other Sale Products that AVI has supplied to the Customer in respect of which payment has become due, in which case title to the Sale Products shall pass at the time of payment of all such sums.<\/p>\n

8.3\u00a0 \u00a0 AVI shall be under no obligation to give the Customer possession of the Sale Products unless and until Charges for such Sale Products have been received in full and cleared funds by AVI from the Customer.<\/p>\n

GENERAL TERMS<\/h1>\n

Clauses 9 to 35 shall apply to all of Sale Products, Deliverables, Equipment and Services.<\/strong><\/p>\n

<\/a>9. Delivery<\/h2>\n

9.1\u00a0 \u00a0 Any dates quoted for Delivery for Equipment, Deliverables, Sale Products and\/or Services are approximate only, and the time of Delivery is not of the essence.<\/p>\n

9.2\u00a0 \u00a0 AVI shall not be liable for any delay in Delivery of the same that is caused by a Force Majeure Event or the Customer’s failure to provide AVI with adequate delivery instructions or any other instructions that are relevant to the supply of any of the Equipment, Sale Products and Services.<\/p>\n

9.3\u00a0 \u00a0 If the Customer fails to accept Delivery of the Equipment, Sale Products, Deliverables and\/or Services within three Business Days of AVI notifying the Customer the same are ready, then, except where such failure or delay is caused by a Force Majeure Event or AVI’s failure to comply with its obligations under the Contract:<\/p>\n

9.3.1\u00a0 \u00a0 Delivery shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which AVI notified the Customer that the Equipment, Sale Products, Deliverables and\/or Services (as applicable) were ready; and<\/p>\n

9.3.2\u00a0 \u00a0 AVI shall store any Equipment, Deliverables and\/or Sale Products (as relevant) until Delivery takes place, and charge the Customer for all related costs and expenses (including insurance).<\/p>\n

9.4\u00a0 \u00a0 If five Business Days after the day on which AVI notified the Customer that the Equipment, Deliverables, Sale Products and\/or Services were ready for Delivery the Customer has not accepted Delivery of them, AVI may resell or otherwise dispose of part or all of the aforementioned without liability to the Customer.<\/p>\n

10. AVI’s responsibilities<\/h2>\n

10.1\u00a0 \u00a0 AVI shall use reasonable endeavours to supply the Services, and deliver the Deliverables to the Customer, in accordance with this Contract in all material respects.<\/p>\n

10.2\u00a0 \u00a0 AVI shall use reasonable endeavours to meet any performance dates specified in the Contract Summary or relevant Schedule but any such dates shall be estimates only and time for performance by AVI shall not be of the essence of this Contract.<\/p>\n

10.3\u00a0 \u00a0 AVI shall use reasonable endeavours to observe all health and safety and security requirements that apply at the Event Venue (and any other locations notified to AVI for the performance of its obligations under this Contract) and that have been communicated to it under clause 11.1.4, provided that it shall not be liable under this Contract if, as a result of such observation, it is in breach of any of its obligations under this Contract.<\/p>\n

10.4\u00a0 \u00a0 AVI shall ensure that any individuals, sub-contractors or other persons engaged by it to provide the Equipment, Services and Deliverables to the Customer shall be suitably experienced and qualified in relation to the same.<\/p>\n

<\/a>11. Customer’s obligations<\/h2>\n

11.1\u00a0 \u00a0 The Customer shall:<\/p>\n

11.1.1\u00a0 \u00a0 co-operate with AVI in all matters relating to the Services;<\/p>\n

11.1.2\u00a0 \u00a0 provide, for AVI, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Event Venue, data, facilities and any other location where the Services will be provided or the Equipment will be located as required by AVI;<\/p>\n

11.1.3\u00a0 \u00a0 provide to AVI in a timely manner all documents, information, items and materials in any form (whether owned by the Customer or third party) required by AVI in connection with the Services and ensure that they are accurate and complete;<\/p>\n

11.1.4\u00a0 \u00a0 inform AVI of all health and safety and security requirements that apply at the Event Venue or other required location. If the Customer wishes to make a change to those requirements which will materially affect provision of the Services, it can only do so via the change control procedure set out in clause 12;<\/p>\n

11.1.5\u00a0 \u00a0 ensure that all the Customer\u2019s Materials are in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant United Kingdom standards or requirements; and<\/p>\n

11.1.6\u00a0 \u00a0 obtain and maintain all necessary licences and consents (including those from any third parties) and comply with all relevant legislation as required to enable AVI to provide the Services, including in relation to the Customer Documentation and the use of the Customer\u2019s Materials during the Term.<\/p>\n

11.2\u00a0 \u00a0 If AVI’s performance of its obligations under this Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, AVI shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.<\/p>\n

11.3\u00a0 \u00a0 The Customer acknowledges that AVI shall not be responsible for any loss of or damage to AVI’s Materials and furniture rented as part of the Furniture hire arising out of or in connection with any misuse or mishandling of AVI’s Materials and such furniture caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify AVI on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Contract.<\/p>\n

<\/a>12. Change control<\/h2>\n

12.1\u00a0 \u00a0 Either party may propose changes to the scope or execution of the Services or provision of Equipment but no proposed changes shall come into effect until a “Change Order” has been signed by both parties. A Change Order shall be a document setting out the proposed changes and the effect that those changes will have on:<\/p>\n

12.1.1\u00a0 \u00a0 the Services;<\/p>\n

12.1.2\u00a0 \u00a0 the Equipment;<\/p>\n

12.1.3\u00a0 \u00a0 the Deliverables;<\/p>\n

12.1.4\u00a0 \u00a0 the Charges;<\/p>\n

12.1.5\u00a0 \u00a0 the timetable of the Services; and<\/p>\n

12.1.6\u00a0 \u00a0 any of the terms of this Contract.<\/p>\n

12.2\u00a0 \u00a0 If AVI wishes to make a change to the Services it shall provide a draft Change Order to the Customer.<\/p>\n

12.3\u00a0 \u00a0 If the Customer wishes to make a change to the Services:<\/p>\n

12.3.1\u00a0 \u00a0 it shall notify AVI and provide as much detail as AVI reasonably requires of the proposed changes, including the timing of the proposed changes; and<\/p>\n

12.3.2\u00a0 \u00a0 AVI shall, as soon as reasonably practicable after receiving the information at clause 12.3.1, provide a draft Change Order to the Customer.<\/p>\n

12.4\u00a0 \u00a0 If the parties:<\/p>\n

12.4.1\u00a0 \u00a0 agree to a Change Order, they shall sign it and that Change Order shall amend this Contract; or<\/p>\n

12.4.2\u00a0 \u00a0 are unable to agree a Change Order, either party may require the disagreement to be dealt with in accordance with the dispute resolution procedure in clause 33.<\/p>\n

12.5\u00a0 \u00a0 AVI may charge for the time it spends on preparing and negotiating Change Orders which implement changes proposed by the Customer pursuant to clause 12.3 on a time and materials basis at AVI’s daily rates notified to the Customer from time to time.<\/p>\n

<\/a>13. Charges and Payment<\/h2>\n

13.1\u00a0 \u00a0 In consideration of the provision of the Services and Equipment by AVI, the Customer shall pay the Charges as set out in the Contract Summary.<\/p>\n

13.2\u00a0 \u00a0 AVI may, at its sole discretion, offer conditional discounts to the Customer in relation to multiple Events, Equipment, Deliverables and\/or Services as set out in the Contract Summary. If the Customer breaches or otherwise does not fulfil the specified conditions for such discount, the discount shall no longer apply and AVI shall be entitled to charge:<\/p>\n

13.2.1\u00a0 \u00a0 the balance of the charges that would otherwise have been due and payable to AVI by the Customer for the relevant Services, Sale Products, Deliverables and\/or Equipment (as applicable) as if the discount had not been applied; and<\/p>\n

13.2.2\u00a0 \u00a0 any other Charges, costs and expenses due and owing pursuant to clause 20.4.<\/p>\n

13.3\u00a0 \u00a0 AVI may invoice the Customer for the Equipment on or at any time after the Commencement Date.<\/p>\n

13.4\u00a0 \u00a0 Payment shall be made to AVI\u2019s bank account as set out on the invoice. Time for payment is of the essence.<\/p>\n

13.5\u00a0 \u00a0 AVI may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by AVI to the Customer.<\/p>\n

13.6\u00a0 \u00a0 The Charges shall include (if applicable) the cost of hotels, subsistence, travelling and any other ancillary expenses that will be reasonably incurred by the individuals whom AVI engages in connection with the Services.<\/p>\n

13.7\u00a0 \u00a0 If any additional costs and expenses are, or are to be, incurred by AVI after the Contract has been signed by both parties, then the same shall be payable by the Customer, following submission of an appropriate invoice, the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom AVI engages in connection with the Services.<\/p>\n

13.8\u00a0 \u00a0 New Customers: If a Customer has not used AVI\u2019s Equipment or Services prior to the Commencement Date, then unless otherwise set out in the Contract Summary, the Customer shall pay:<\/p>\n

13.8.1\u00a0 \u00a0 50% of the total Charges submitted to it by AVI on the Commencement Date; and<\/p>\n

13.8.2\u00a0 \u00a0 the balance of the Charges and any additional costs and expenses due to AVI under this Contract before the Event Date.<\/p>\n

13.9\u00a0 \u00a0 Existing Customers: If a Customer has used AVI\u2019s Equipment or Services prior to the Commencement Date, then unless otherwise set out in the Contract Summary, the Customer shall pay:<\/p>\n

13.9.1\u00a0 \u00a0 50% of the total Charges submitted to it by AVI on the Commencement Date; and<\/p>\n

13.9.2\u00a0 \u00a0 the balance of the Charges and any additional costs and expenses due to AVI under this Contract within 30 days after the Event Date.<\/p>\n

13.10\u00a0 \u00a0 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay AVI any sum due under this Contract on the due date:<\/p>\n

13.10.1\u00a0 \u00a0 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 13.10.1 will accrue each day at 3% a year above the Bank of England’s base rate from time to time, but at 3% a year for any period when that base rate is below 0%; and<\/p>\n

13.10.2\u00a0 \u00a0 AVI may suspend all or part of the Services and Equipment Hire until all payments due and owing under this Contract have been made in full and in accordance with this clause 13.<\/p>\n

13.11\u00a0 \u00a0 All sums payable to AVI under this Contract:<\/p>\n

13.11.1\u00a0 \u00a0 are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice;<\/p>\n

13.11.2\u00a0 \u00a0 the price of the Equipment includes the costs and charges of packaging, insurance and transport of the Equipment; and<\/p>\n

13.11.3\u00a0 \u00a0 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).<\/p>\n

<\/a>14. Intellectual property rights<\/h2>\n

14.1\u00a0 \u00a0 Any goodwill and intellectual property rights created or derived from the use by the Customer of the Intellectual Property Rights shall accrue to AVI. AVI may, at any time, call for a document confirming the assignment of that goodwill and Intellectual Property Rights to AVI and the Customer shall immediately execute it.<\/p>\n

14.2\u00a0 \u00a0 In relation to the Equipment, Services and Deliverables:<\/p>\n

14.2.1\u00a0 \u00a0 AVI and its licensors shall retain ownership of all such Intellectual Property Rights including the Deliverables for Permanent Installation Services, excluding those set out in the Customer Documentation;<\/p>\n

14.2.2\u00a0 \u00a0 AVI grants the Customer a fully paid-up, worldwide, non-exclusive, royalty-free licence during the Term for the purpose of receiving and using the Services, Equipment and the Deliverables in its business; and<\/p>\n

14.2.3\u00a0 \u00a0 the Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 14.2.2 without AVI\u2019s express prior written consent.<\/p>\n

14.3\u00a0 \u00a0 In relation to the Customer Documentation, the Customer:<\/p>\n

14.3.1\u00a0 \u00a0 and its licensors shall retain ownership of all Intellectual Property Rights in the Customer Documentation; and<\/p>\n

14.3.2\u00a0 \u00a0 grants AVI a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the Customer Documentation for the Term for the purpose of providing the Services to the Customer.<\/p>\n

14.4\u00a0 \u00a0 AVI:<\/p>\n

14.4.1\u00a0 \u00a0 warrants that the receipt and use of the Services and the Deliverables by the Customer shall not, so far as AVI is aware, infringe the rights, including any Intellectual Property Rights, of a third party;<\/p>\n

14.4.2\u00a0 \u00a0 shall, subject to clauses 14.4.3, 14.6 and 18, reimburse the Customer against any damages awarded and paid by the Customer to a third party, arising out of or in connection with any claim brought against the Customer for actual or alleged infringement of a third party’s Intellectual Property Rights arising directly out of, or in connection with, the receipt, use or supply of the Services and the Deliverables.<\/p>\n

14.4.3\u00a0 \u00a0 The Customer shall have no claim under the indemnity at clause 14.4.2, to the extent the infringement arises from:<\/p>\n

(a) the use of the Customer Documentation in the development of, or the inclusion of the Customer Documentation in any Services or Deliverables;<\/p>\n

(b) any modification of the Deliverables or Services, other than by or on behalf of AVI; and<\/p>\n

(c) AVI\u2019s compliance with the Customer’s specifications or instructions.<\/p>\n

14.5\u00a0 \u00a0 The Customer:<\/p>\n

14.5.1\u00a0 \u00a0 warrants that the receipt and use of the Customer Documentation in the performance of this Contract by AVI, its agents, subcontractors or consultants shall not infringe the rights, including any Intellectual Property Rights, of any third party; and<\/p>\n

14.5.2\u00a0 \u00a0 shall indemnify AVI in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by AVI arising out of or in connection with any claim brought against AVI, its agents, subcontractors or consultants for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of, or in connection with, the receipt or use in the performance of this Contract of the Customer Documentation.<\/p>\n

14.6\u00a0 \u00a0 If AVI is required to reimburse the Customer under this clause 14, the Customer shall:<\/p>\n

14.6.1\u00a0 \u00a0 notify AVI in writing of any claim against it in respect of which it wishes to rely on the indemnity at clause 14.4.2 within 20 days of the Customer becoming aware of the claim (“IPRs Claim”);<\/p>\n

14.6.2\u00a0 \u00a0 allow AVI to conduct all negotiations and proceedings and to settle the IPRs Claim;<\/p>\n

14.6.3\u00a0 \u00a0 provide AVI with such reasonable assistance regarding the IPRs Claim as is required by AVI; and<\/p>\n

14.6.4\u00a0 \u00a0 not, without prior consultation with AVI, make any admission relating to the IPRs Claim or attempt to settle it.<\/p>\n

<\/a>15. Compliance with laws and policies<\/h2>\n

15.1\u00a0 \u00a0 In performing its obligations under this Contract, AVI shall comply with the Applicable Laws.<\/p>\n

15.2\u00a0 \u00a0 Changes to the Services required as a result of changes to the Applicable Laws shall be agreed via the change control procedure set out in clause 12.<\/p>\n

<\/a>16. Data protection<\/h2>\n

16.1\u00a0 \u00a0 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 16 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.<\/p>\n

16.2\u00a0 \u00a0 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and AVI is the processor. The parties shall set out the scope, nature and purpose of processing by AVI, the duration of the processing and the types of personal data and categories of data subject from time to time as required.<\/p>\n

16.3\u00a0 \u00a0 Without prejudice to the generality of clause 16.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to AVI for the duration and purposes of this Contract.<\/p>\n

16.4\u00a0 \u00a0 Without prejudice to the generality of clause 16.1, AVI shall, in relation to any personal data processed in connection with the performance by AVI of its obligations under this Contract:<\/p>\n

16.4.1\u00a0 \u00a0 process that personal data only on the documented written instructions of the Customer unless AVI is required by Applicable Laws to otherwise process that personal data. Where AVI is relying on the laws of a member of the European Union or European Union Law as the basis for processing personal data, AVI shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit AVI from so notifying the Customer;<\/p>\n

16.4.2\u00a0 \u00a0 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;<\/p>\n

16.4.3\u00a0 \u00a0 ensure that all personnel who have access to and\/or process personal data are obliged to keep the personal data confidential; and<\/p>\n

16.4.4\u00a0 \u00a0 not transfer any personal data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:<\/p>\n

(a) the Customer or AVI has provided appropriate safeguards in relation to the transfer;<\/p>\n

(b) the data subject has enforceable rights and effective legal remedies;<\/p>\n

(c) AVI complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and<\/p>\n

(d) AVI complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the personal data;<\/p>\n

16.4.5\u00a0 \u00a0 notify the Customer without undue delay on becoming aware of a personal data breach; and<\/p>\n

16.4.6\u00a0 \u00a0 at the written direction of the Customer, delete or return personal data and copies thereof to the Customer on termination of this Contract unless required by Applicable Law to store the personal data.<\/p>\n

16.5\u00a0 \u00a0 The Customer consents to AVI appointing a third party processor of Personal Data under this Contract provided AVI confirms that it has entered or (as the case may be) will enter with the third party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 16.<\/p>\n

<\/a>17. Confidentiality<\/h2>\n

17.1\u00a0 \u00a0 Each party undertakes that it shall not at any time during this Contract, and for a period of two years after termination of this Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 17.2.<\/p>\n

17.2\u00a0 \u00a0 Each party may disclose the other party’s confidential information:<\/p>\n

17.2.1\u00a0 \u00a0 to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 17; and<\/p>\n

17.2.2\u00a0 \u00a0 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.<\/p>\n

17.3\u00a0 \u00a0 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Contract.<\/p>\n

<\/a>18. Limitation of liability<\/h2>\n

18.1\u00a0 \u00a0 The restrictions on liability in this clause 18 apply to every liability arising under or in connection with this Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.<\/p>\n

18.2\u00a0 \u00a0 Nothing in this Contract limits any liability for:<\/p>\n

18.2.1\u00a0 \u00a0 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);<\/p>\n

18.2.2\u00a0 \u00a0 fraud or fraudulent misrepresentation; and<\/p>\n

18.2.3\u00a0 \u00a0 any matter in respect of which it would be unlawful for AVI to exclude or restrict liability.<\/p>\n

18.3\u00a0 \u00a0 This Contract sets forth the full extent of AVI\u2019s obligations and liabilities in respect of the Equipment, Services, Deliverables and Sale Products to the Customer (as applicable). In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on AVI except as specifically stated in this Contract. Any condition, warranty or other term concerning the Equipment, Services, Deliverables or Sale Products, which might otherwise be implied into or incorporated within this Contract, whether by statute, common law or otherwise, is expressly excluded.<\/p>\n

18.4\u00a0 \u00a0 Subject to clause 18.2, AVI’s total liability to the Customer shall not exceed the lower of either \u00a3250,000 or the Charges due and payable by the Customer for the Event during which the liability was incurred. AVI’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Contract.<\/p>\n

18.5\u00a0 \u00a0 The following types of loss are wholly excluded from AVI\u2019s liability to the Customer:<\/p>\n

18.5.1\u00a0 \u00a0 loss of profits;<\/p>\n

18.5.2\u00a0 \u00a0 loss of sales or business;<\/p>\n

18.5.3\u00a0 \u00a0 loss of agreements or contracts;<\/p>\n

18.5.4\u00a0 \u00a0 loss of anticipated savings;<\/p>\n

18.5.5\u00a0 \u00a0 loss of use or corruption of software, data or information;<\/p>\n

18.5.6\u00a0 \u00a0in relation to the final edit or cut for an event for which the Content Creation Services were created;<\/p>\n

18.5.7\u00a0 \u00a0 loss of or damage to goodwill; and<\/p>\n

18.5.8\u00a0 \u00a0 indirect or consequential loss.<\/p>\n

18.6\u00a0 \u00a0 Unless the Customer notifies AVI that it intends to make a claim in respect of an event within the notice period, AVI shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire two months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.<\/p>\n

<\/a>19. Termination<\/h2>\n

19.1\u00a0 \u00a0 The Contract shall commence on the date of the earlier of either:<\/p>\n

19.1.1\u00a0 \u00a0 the latter date by which both parties signed the Contract Summary;<\/p>\n

19.1.2\u00a0 \u00a0 the date the Customer signed the Quote;<\/p>\n

19.1.3\u00a0 \u00a0 the Start Date (or if not set out in the Contract Summary, the date the Customer takes Delivery of the Equipment); or<\/p>\n

19.1.4\u00a0 \u00a0 the date AVI commences the supply of Equipment, Sale Products and\/or Services to the Customer,
\nsuch date to be the \u201cCommencement Date\u201d.<\/p>\n

19.2\u00a0 \u00a0 The Contract shall continue from the Commencement Date until the earlier of either:<\/p>\n

19.2.1\u00a0 \u00a0 the end of the Initial Term;<\/p>\n

19.2.2\u00a0 \u00a0 the expiry of the Rental Period;<\/p>\n

19.2.3\u00a0 \u00a0 the completion of the Services; or<\/p>\n

19.2.4\u00a0 \u00a0 until one party terminates the Contract in accordance with its terms,
\nthe \u201cTerm\u201d.<\/p>\n

19.3\u00a0 \u00a0 Without limiting its other rights or remedies, AVI may suspend provision of the Equipment and Services if the Customer fails to pay any amount due under this Contract on the due date for payment.<\/p>\n

19.4\u00a0 \u00a0 Either party may terminate this Contract on written notice to the other on the following terms:<\/p>\n

19.4.1\u00a0 \u00a0 if notice of termination is received by AVI from the Customer 3 months or more before the Event Date, AVI shall be entitled to charge the following Charges:<\/p>\n

(a) 25% of the Charges that relate to Equipment; and<\/p>\n

(b) any expenses reasonably incurred by AVI and\/or individuals whom AVI engages in connection with the Contract including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by AVI for the performance of the Contract, and for the cost of any materials incurred;<\/p>\n

19.4.2\u00a0 \u00a0 if notice of termination is received by AVI from the Customer less than 3 months but more than 30 days before the Event Date, AVI shall be entitled to charge the following Charges:<\/p>\n

(a) 50% of the Charges that relate to Equipment; and<\/p>\n

(b) any expenses reasonably incurred by AVI and\/or individuals whom AVI engages in connection with the Contract including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by AVI for the performance of the Contract, and for the cost of any materials incurred;<\/p>\n

19.4.3\u00a0 \u00a0 if notice is received 14 days or less before the Event Date by AVI from the Customer, AVI shall be entitled to charge the following Charges:<\/p>\n

(a) 100% of the Charges that relate to Equipment; and<\/p>\n

(b) any expenses reasonably incurred by AVI and\/or individuals whom AVI engages in connection with the Contract including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by AVI for the performance of the Contract, and for the cost of any materials incurred;<\/p>\n

19.4.4\u00a0 \u00a0 if notice is received at any time by the Customer from AVI before the Event Date from AVI, AVI shall only be entitled to charge any expenses reasonably incurred by AVI and\/or individuals whom AVI engages in connection with the Contract including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by AVI for the performance of the Contract, and for the cost of any materials incurred.<\/p>\n

19.5\u00a0 \u00a0Without affecting any other right or remedy available to it, either party may terminate this Contract with immediate effect by giving written notice to the other party if:<\/p>\n

19.5.1\u00a0 \u00a0 the other party commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so;<\/p>\n

19.5.2\u00a0 \u00a0 the other party repeatedly breaches any of the terms of this Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Contract;<\/p>\n

19.5.3\u00a0 \u00a0 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;<\/p>\n

19.5.4\u00a0 \u00a0 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;<\/p>\n

19.5.5\u00a0 \u00a0 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 19.5.4; or<\/p>\n

19.5.6\u00a0 \u00a0 the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.<\/p>\n

19.6\u00a0 \u00a0 Without affecting any other right or remedy available to it, AVI may terminate this Contract with immediate effect by giving written notice to the Customer if there is a change of beneficial ownership of the Customer.
\n<\/a><\/p>\n

20. Consequences of termination<\/h2>\n

20.1\u00a0 \u00a0On termination or expiry of this Contract:<\/p>\n

20.1.1\u00a0 \u00a0 all Charges and other sums due but unpaid at the date of such demand together with any interest accrued and those sums due but for which no invoice has been submitted, AVI may submit an invoice, which shall be payable immediately on receipt;<\/p>\n

20.1.2\u00a0 \u00a0 AVI\u2019s consent to the Customer’s possession of the Equipment shall terminate and AVI may, by its authorised representatives, without notice and at the Customer’s expense, retake possession of the Equipment and for this purpose may enter the Event Venue or any premises at which the Equipment is located;<\/p>\n

20.1.3\u00a0 \u00a0 all licences granted under this Contract will immediately terminate;<\/p>\n

20.1.4\u00a0 \u00a0 the Customer shall, within a reasonable time, return all of AVI\u2019s Materials and Intellectual Property Rights. If the Customer fails to do so, then AVI may enter the Customer’s premises and take possession of AVI\u2019s Materials and, where possible, Intellectual Property Rights. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping;<\/p>\n

20.1.5\u00a0 \u00a0 AVI shall on request return any of the Customer Documentation to the Customer\u2019s Address; and<\/p>\n

20.1.6\u00a0 \u00a0 the following clauses shall continue in force:<\/p>\n

(a) clause 1 (Interpretation);<\/p>\n

(b) clause 3 (Title and Risk);<\/p>\n

(c) clause 6 (Insurance);<\/p>\n

(d) clause 8 (Title and Risk);<\/p>\n

(e) clause 13 (Charges and Payment);<\/p>\n

(f) clause 14 (Intellectual property rights);<\/p>\n

(g) clause 16 (Data Protection);<\/p>\n

(h) clause 17 (Confidentiality);<\/p>\n

(i) clause 18 (Limitation of liability);<\/p>\n

(j) clause 20 (Consequences of termination);<\/p>\n

(k) clause 24 (Waiver);<\/p>\n

(l) clause 25 (Rights and Remedies);<\/p>\n

(m) clause 26 (Severance);<\/p>\n

(n) clause 28 (Entire Agreement);<\/p>\n

(o) clause 30 (Third Party Rights);<\/p>\n

(p) clause 33 (Dispute resolution procedure);<\/p>\n

(q) clause 34 (Governing law); and<\/p>\n

(r) clause 35 (Jurisdiction).<\/p>\n

20.2\u00a0 \u00a0 Termination or expiry of this Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination or expiry.
\n20.3\u00a0 \u00a0 Without prejudice to any other rights or remedies of the Customer, the Customer shall pay to AVI on demand any costs and expenses incurred by AVI in recovering the Equipment, AVI Materials and Intellectual Property Rights and\/or in collecting any sums due under this Contract (including any storage, insurance, repair, transport, legal and remarketing costs).<\/p>\n

20.4\u00a0 \u00a0 Upon termination of this Contract pursuant to any other repudiation (anticipatory or otherwise) of this Contract by the Customer, then without prejudice to any other rights or remedies of AVI, the Customer shall pay to AVI on demand a sum equal to the whole of the Charges that would (but for the termination) have been payable if this Contract had continued from the date of such demand to the end of the Term.<\/p>\n

20.5\u00a0 \u00a0 The sums payable pursuant to clause 20.4 shall be agreed compensation for AVI\u2019s loss and shall be payable in addition to the sums payable pursuant to the remainder of clause 20.<\/p>\n

<\/a>21. Force majeure<\/h2>\n

21.1\u00a0 \u00a0 Provided it has complied with clause 21.2, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.<\/p>\n

21.2\u00a0 \u00a0 Other than payment, the corresponding obligations that are directly impacted by a Force Majeure Event of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party. For the avoidance of doubt, those obligations not directly affected by the Force Majeure Event and can still be performed regardless, shall not be suspended.<\/p>\n

21.3\u00a0 \u00a0 The Affected Party shall:<\/p>\n

21.3.1\u00a0 \u00a0 as soon as reasonably practicable after the start of the Force Majeure Event but no later than 3 Business Days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under this Contract; and<\/p>\n

21.3.2\u00a0 \u00a0 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.<\/p>\n

21.4\u00a0 \u00a0 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure Event may terminate this Contract by giving 2 weeks’ written notice to the Affected Party.<\/p>\n

21.5\u00a0 \u00a0 In the event of termination of this Contract due to a Force Majeure Event, in accordance with clause 21.4, clause 19.4 shall apply in respect of the Charges. For the purposes of applying clause 19.4:<\/p>\n

21.5.1\u00a0 \u00a0 the date of the written notice served in accordance with clause 21.4 shall be deemed to be the date notice is received; and<\/p>\n

21.5.2\u00a0 \u00a0 the Affected Party shall be the party deemed to be serving the notice.<\/p>\n

<\/a>22. Assignment and other dealings<\/h2>\n

22.1\u00a0 \u00a0 This Contract is personal to the Customer and the Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Contract.<\/p>\n

22.2\u00a0 \u00a0 AVI may at any time (and without the Customer\u2019s consent) assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this Contract.<\/p>\n

<\/a>23. Variation<\/h2>\n

Subject to clause 12, no variation of this Contract shall be effective unless it is in writing and signed by both parties (or their authorised representatives).<\/p>\n

<\/a>24. Waiver<\/h2>\n

24.1\u00a0 \u00a0 A waiver of any right or remedy under this Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.<\/p>\n

24.2\u00a0 \u00a0 A failure or delay by a party to exercise any right or remedy provided under this Contract 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 this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.<\/p>\n

<\/a>25. Rights and remedies<\/h2>\n

The rights and remedies provided under this Contract are in addition to, and not exclusive of, any rights or remedies provided by law.<\/p>\n

<\/a>26. Severance<\/h2>\n

26.1\u00a0 \u00a0 If any provision or part-provision of this Contract 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 Contract.<\/p>\n

26.2\u00a0 \u00a0 If any provision or part-provision of this Contract is deemed deleted under clause 26.1, 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.<\/p>\n

<\/a>27. Further assurance<\/h2>\n

At its own expense, each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Contract.<\/p>\n

<\/a>28. Entire agreement<\/h2>\n

28.1\u00a0 \u00a0 This Contract 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.<\/p>\n

28.2\u00a0 \u00a0 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.<\/p>\n

<\/a>29. NO PARTNERSHIP OR AGENCY<\/h2>\n

29.1\u00a0 \u00a0 Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.<\/p>\n

29.2\u00a0 \u00a0 Each party confirms it is acting on its own behalf and not for the benefit of any other person.<\/p>\n

<\/a>30. THIRD PARTY RIGHTS<\/h2>\n

30.1\u00a0 \u00a0 Unless it expressly states otherwise, this Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.<\/p>\n

30.2\u00a0 \u00a0 The rights of the parties to rescind or vary this Contract are not subject to the consent of any other person.<\/p>\n

31. NOTICES<\/h2>\n

31.1\u00a0 \u00a0 Any notice or other communication given to a party under or in connection with this Contract shall be in writing and shall be:<\/p>\n

31.1.1\u00a0 \u00a0 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<\/p>\n

31.1.2\u00a0 \u00a0 sent by email to the address specified in the Contract Summary.<\/p>\n

31.2\u00a0 \u00a0 Any notice or communication shall be deemed to have been received:<\/p>\n

31.2.1\u00a0 \u00a0 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;<\/p>\n

31.2.2\u00a0 \u00a0 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 at the time recorded by the delivery service; and<\/p>\n

31.2.3\u00a0 \u00a0 if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.<\/p>\n

31.3\u00a0 \u00a0 This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.<\/p>\n

32. COUNTERPARTS<\/h2>\n

32.1\u00a0 \u00a0 This Contract may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.32.2 Transmission of an executed counterpart of this Contract (but for the avoidance of doubt not just a signature page) by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this Contract. If either method of delivery is adopted, without prejudice to the validity of this Contract thus made, each party shall provide the other with the original of such counterpart as soon as reasonably possible thereafter.<\/p>\n

32.3\u00a0 \u00a0 No counterpart shall be effective until each party has executed and delivered at least one counterpart.<\/p>\n

33. DISPUTE RESOLUTION PROCEDURE<\/h2>\n

33.1\u00a0 \u00a0 If a dispute arises out of or in connection with this Contract or the performance, validity or enforceability of it (“Dispute”) then the parties shall follow the procedure set out in this clause:<\/p>\n

33.1.1\u00a0 \u00a0 either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, a Director of the Customer and a Director of AVI shall attempt in good faith to resolve the Dispute; and<\/p>\n

33.1.2\u00a0 \u00a0 if a Director of the Customer and a Director of AVI are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 14 days after the date of the ADR notice.<\/p>\n

33.2\u00a0 \u00a0 The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute under clause 35.<\/p>\n

34. GOVERNING LAW<\/h2>\n

This Contract 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.<\/p>\n

35. JURISDICTION<\/h2>\n

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.[\/vc_column_text][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":"

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