Terms & Conditions
Welcome to Visimi Limited
These terms and conditions outline the rules and regulations for the use of Visimi Limited's Website.
Visimi Limited is located at:
Prince William Road
Belton Park Industrial Estate
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Visimi Limited's website if you do not accept all of the terms and conditions stated on this page.
Unless otherwise stated, Visimi Limited and/or it’s licensors own the intellectual property rights for all material on Visimi Limited All intellectual property rights are reserved. You may view and/or print pages from http://www.visimidigital.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.visimidigital.com
- Sell, rent or sub-license material from http://www.visimidigital.com
- Reproduce, duplicate or copy material from http://www.visimidigital.com
- Redistribute content from Visimi Limited (unless content is specifically made for redistribution).
”Buyer”- “Hirer” - means the person, firm, company or organisation who accepts a quotation of the Seller/the Company for the sale/hire of the Product(s) or whose order for the Product(s) is accepted by the Seller/the Company
“Product(s)” - means the product(s) or materials (including any instalment or any part of them) which the Seller is to supply in accordance with these conditions
“Seller” - “the Company” - means Visimi Limited
(Registered in England No. 10166812) whose registered office is at 6 Forest Road, Loughborough, Leics, LE11 3NP Trading Address: The Old Coach House, Wharncliffe Road, Loughborough, Leics, LE11 1SN
“Conditions” - means the general terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller (in the event of any conflict the special conditions shall have precedence over these general conditions of sale) and a reference to a numbered Condition shall be a reference to the relevant numbered Condition set out in this document
“Contract” - means the contract for the purchase and sale of Product(s)
“Writing” - includes letter, facsimile transmission, E-mail and comparable means of communication
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of the Sale
The Seller shall sell and the Buyer shall purchase the product(s) in accordance with any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or any such order is made or purported to be made by the Buyer.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
The Seller’s employees or agents are not authorised to make any representations concerning the Product(s) unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the suitability application or use of the Product(s) which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be subject to correction within any liability on the part of the Seller or objective by the Buyer.
Orders and Specifications
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Product(s) within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The quantity quality and description of and any specification for the Product(s) shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). In the event of a conflict between the two the Seller’s quotation will prevail .
If the Product(s) are to be manufactured or any process or fitting is to be applied to the Product(s) by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss damages costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent copyright design trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
The Seller reserves the right to make any changes in the specification of the Product(s) which are required to conform with any applicable safety or other statutory requirements or where the Product(s) are to be supplied to the Seller’s specification which in any case do not materially affect their quality or performance. The Seller will not be held liable for any product(s) that change and do not fit the Buyers/3rd parties structure(s).
No order which has been accepted by the Seller may be cancelled by the Buyer except in agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by the Seller as a result of cancellation including any consequential loss and (by way of example and without limitation) any damages which the Seller must pay to suppliers with whom the Seller has contracted in furtherance of the performance of the Contract.
Price of the Product(s)
The price of the Product(s) shall be the Seller’s quoted price. Unless agreed in writing by the Seller all prices quoted are valid for 30 days only or until earlier acceptance by the buyer.
The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Product(s) to reflect any increase in costs to the Seller due to any factor beyond the control of the Seller or any change in delivery dates quantities or specification for the Product(s) requested by the Buyer or any delays caused by any instruction by the Buyer or the failure of the Buyer to give the Seller adequate or timely instructions or information.
Except as otherwise stated under the terms of any quotation of the Seller and unless otherwise agreed in writing between the Buyer and the Seller all prices are given by the Seller inclusive of delivery.
The price is exclusive of any value added tax which the Buyer shall be liable to pay to the Seller and any other applicable tax or duty which is imposed from time to time by H M Government.
If applicable the price is inclusive of any discount.
Terms of Payment
The Seller requires a 30% deposit on all product(s) once an order has been placed by the Buyer unless otherwise agreed by the Seller. This will be non refundable if the order has been cancelled by the Buyer. On bespoke product(s) the Seller may require up to a 70% deposit. In some cases we may require the full invoice payment upfront wether it be a bespoke product(s) or not. Bespoke product(s) will be clearly highlighted on the invoice/quote.
Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the remainder of the invoice on or at any time after the delivery of the Product(s). If the Product(s) are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Product(s) the Seller shall be entitled to invoice the Buyer for the remainder of the invoice any time after the Seller has notified the Buyer that the Product(s) are ready for collection or (as the case may be) the Seller has tendered delivery of the Product(s).
If the Seller only delivers part of the order or the Buyer only collects part of the order then the Buyer must pay in full for the product(s) that have been delivered/collected.
The Buyer shall pay the remaining price of the Product(s) within the agreed credit terms or if there are no such terms within 7 days of the date of the remaining invoice. If delivery may not have taken place and the property in the Product(s) has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
The Buyer shall make all payments in full without any deduction whatsoever.
The Seller shall have a general and particular lien over any property of the Buyer in its possession in respect of any monies due to the Seller from the Buyer from time to time.
If the buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:
Cancel the Contract or suspend any further deliveries to the Buyer.
Appropriate any payment made by the Buyer to such of the Product(s) (or the materials supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (not with standing any purported appropriation by the Buyer); and charge the Buyer interest (Both before and after any judgement) on the amount unpaid at the rate of 5 per cent of the full invoice total per 7 day week. Half a week classed as a full 7 day week.
The Seller may from time to time notify the Buyer of a credit limit and with prejudice to the remainder of these Conditions shall be entitled to take one of the following steps whenever the Buyer has exceeded the credit limit notified to it:
To revoke its acceptance of any order placed by the Buyer.
To require the Buyer to pay in advance the delivery for outstanding orders for Product(s) not with standing any credit terms agreed between the parties.
To suspend deliveries of Product(s).
The credit limit referred to may be adjusted up or down or withdrawn as the Seller may consider reasonable in the circumstances.
Delivery of the Product(s) shall be made by the Seller delivering the Product(s) to the address indicated by the Buyer or if the Buyer is to collect them after the Seller has notified the Buyer that the Product(s) are ready for collection.
Any dates quoted for delivery of the Product(s) are approximate only and the Seller shall not be liable for any delay in delivery of the Product(s) how so ever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing/email. The Product(s) may be delivered by the Seller in advance of the quoted delivery date (and by one or more deliveries) upon giving reasonable notice to the Buyer.
Where the Product(s) are to be or are delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole repudiated.
If the Seller fails to deliver the Product(s) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer’s and Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Product(s).
If the Buyer fails to take delivery of the Product(s) within 7 days of notification by the Seller that the Product(s) are ready for collection or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by
reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
Store the Product(s) until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
Sell the Product(s) at the best price readily obtainable and (after deducting all reasonable costs and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
The buyer must be sure to sign the delivery order note in the presence of the delivery company representative to indicate your delivery has been received.
Examine your order upon delivery to ensure that there are no visible signs of damaged, missing or incorrect pieces. In the event that there are missing, damaged or incorrect pieces, please refuse the item(s) or indicate the problem on the Delivery Note and contact us within 12 hours of your delivery. A signed delivery receipt, without notations of missing, damaged or incorrect pieces represents your acceptance of the complete order in perfect condition.
Without missing, damaged, or incorrect pieces signed on the delivery note or delivery refused we cannot accept liability or make a claim against a third party insurer and the Buyer cannot make any claim against the Seller.
Risk and Property
Risk of damage to or loss of the Product(s) shall pass to the Buyer:
In the case of Product(s) to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the Product(s) are available for collection; or
In the case of Product(s) to be delivered otherwise than at the Seller’s premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products at the time when the Seller has tendered delivery of the Product(s).
Not with standing delivery and the passing of risk in the Product(s) or any other provision of these Conditions the property in the Product(s) shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full of the price of the Product(s) and all other materials agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as property in the Product(s) passes to the Buyer the Buyer shall hold the Product(s) as the Seller’s fiduciary agent and bailee and shall keep the product(s) separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property.
Until such time as the property in the Product(s) passes to the Buyer (and provided the Product(s) are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Product(s) to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Product(s) are stored or thought by the Seller to be stored and repossess the Product(s).
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product(s) which remain the property of the Seller but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
The entitlement of the Buyer to use or resell the Product(s) shall cease forthwith on any of the events set out in the Conditions below occurring or on notification by the Seller to the Buyer under the Condition below, which ever shall first occur, unless agreed otherwise in writing/email by the Seller.
If the Product(s) have been used, joined or connected in any way to other chattels in such a way that the Product(s) are never the less readily identifiable and removable, the Seller shall be entitled to remove and repossess the Product(s) pursuant to the condition above regardless of the practical difficulty of doing or the damage caused to such other chattels or any other property or assets in the course of taking all reasonable steps to effect such removal (whether such chattels, property or assets belong to the Buyer or to third parties) and the Buyer waives any claim it may have against the Seller for any damage caused to its chattels or other property as a result of taking such reasonable steps and shall indemnify the Seller in full against any claim made against the Seller by any third party arising out of or in connection with such reasonable steps being taken by the Seller.
Warranties and Liability
Subject to the conditions set out below the Seller warrants a return to base warranty (unless other wise agreed prior to the sale) that the Product(s) and fitting if any will correspond with the specifications (if any) referred to in the Conditions above at the time of delivery and will be free from defects in material and workmanship for a period of 24 months from the date of delivery unless agreed otherwise between the Seller and the Buyer.
The above return to base warranty is given by the Seller subject to the following conditions:
The due performance and observance by the Buyer of the terms and conditions of the Contract including payment of the total price for the Product(s) on the due date for payment.
The Seller shall be under no liability in respect of any defect in the Product(s) arising from any error in the specification drawings or designs supplied by the Buyer.
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage negligence, abuse, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing/email) accidents which the Product(s) cannot reasonably be expected to withstand, misuse, water damage, fire damage, lighting, inadequate storage, incorrect electrical voltage sudden power surges, accidental damage, alteration or repair of the Product(s) without the Seller’s written/email approval.
The Seller shall be under no liability of any 3rd party/Buyers applications or 3rd party/Buyers hardware added to its product(s) unless authorised by the Seller. This includes external media players, power cabling or any other part that can be added.
The Seller will be under no liability of any imperfections to the structure and materials of the product(s) caused by using the wrong cleaning process/product(s). The Seller recommends using a neutral PH based screen cleaner and a micro fibre cloth. The Seller does not recommend using highly corrosive cleaning product(s) and excessive amounts of water.
The seller shall be under no liability for distortion or imperfections caused by static noise interference , echo or interference caused by signal transmission.
Any warranty given by the Seller in respect of mechanical and electrical works shall be limited to a period of 24 months from the date of completion of the relevant work.
The above warranties do not extend to parts, materials or equipment not manufactured by the Seller in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
The Buyer shall check the specifications of the Product(s) thoroughly upon delivery or as soon as reasonably practicable thereafter and any claim by the Buyer which is based on any defect in the quality or condition of the Product(s) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 12 hours of the delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject the Product(s) and the Buyer shall be bound to pay the price as if the Product(s) had been delivered in accordance with the Contract. In no event shall the Buyer be entitled to reject the Product(s) on the basis of any defect or failure which is so slight that it would be unreasonable for the Buyer to reject them.
Where any valid claim in respect of any of the Product(s) which is based on any defect in the quality or condition of the Product(s) or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be entitled to repair or replace the Product(s) (or the part in question) free of charge or at the Seller’s sole discretion refund to the Buyer the price of the Product(s) (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer what so ever.
The Seller must be contacted via email/telephone with the fault which will be discussed by one of our technicians to see if it can be resolved. If not, the Buyer must return the product(s) back to the Seller covering any delivery/collection costs unless otherwise agreed in writing with the Seller. If the fault is the Seller’s then the Seller will make arrangements for the repair/replacement of the product(s). The Seller will also cover any delivery/collection costs. If the fault is not the Sellers then the Buyer shall be liable for the delivery/collection costs and the time it takes for one of our technicians to look at the product(s) minimum charge of £99.00. In some cases the Buyer may be liable for storage costs if the product(s) are left for a considerable amount of time.
Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) costs of expenses or other claims for consequential compensation what so ever (and whether caused by the negligence of the Seller its employs or agents or otherwise) which arise out of or in connection with the supply of the Product(s) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Product(s), except as expressly provided in these Conditions.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or in failure to perform any of the Seller’s obligations in relation to the Product(s) if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller’s reasonable control:
Act of God, explosion, flood, tempest fire or accident;
War or threat of war, sabotage, insurrection, civil
disturbance or requisition;
Acts restrictions regulations bye-laws prohibitions or
measures of any kind on the part of any
governmental parliamentary or local authority;
Import or export regulations or embargoes.
Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party)
Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
Power failure or breakdown in machinery;
Failure by the Buyer to correctly store protect handle or otherwise deal with the Product(s).
The Seller may consider a swap out warranty but this will have to be agreed in writing/email before any order has been placed (and must be clearly stated on the quote/invoice) between the Seller and the Buyer.
Insolvency of Buyer
This condition applies if:
The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of a bona-fide solvent amalgamation or reconstruction); or
An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
The Buyer ceases or threatens to cease to carry on business; or
The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly
If this condition applies then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the Buyer and if the Product(s) have been delivered but not paid for the price shall become immediately due and payable not with standing any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of England and the Buyer shall submit to the non-exclusive jurisdiction of the English courts.
For the avoidance of doubt nothing in this Contract shall confer on any third party any benefit or the right to enforce any term of this Contract.
Supplementary Conditions for Supply and Installations Contracts
The Seller requires 4 week’s notice of the date of gaining access to site unless otherwise agreed in writing/email by the Buyer. The Seller’s site requirements are:-
The room(s) should be weatherproof and lockable. The room(s) should be clear of all surplus materials.
Walls and floors should have final finishes, including paints, benching and carpets (if applicable) and any services by others installed.
The Buyer shall supply suitable artificial lighting if necessary and a 110/240V AC electrical supply with a point suitable for portable electric tools. Delay caused by lack of the facilities may be charged as an extra.
Unless otherwise specified in our Contract, all necessary scaffolding towers, hoists, trestles, boards or other specialised plant shall be supplied by the Buyer or his agent free of charge to the Seller.
It is the responsibility of the Buyer to ensure that all walls, floors, fabric and structure of the building are adequate to withstand the loads imposed by our structure or equipment. The Seller will not be liable.
If the Buyer elects to have installation carried out by other than the Seller’s own workmen or agents no responsibility will be accepted by the Seller in regard to any defect which may arise as a result of such fixing and erection.
The Seller will not accept any responsibility or claims for delays in building operations through slowness or delay in installation due to site difficulties, weather conditions, hold up by other trades, strikes, lockouts, act of God, or other unforeseen circumstance.
All quotations are based upon the assumptions that the installation area and access to the installation area will be cleared to enable the Seller’s workmen to operate without hindrance and they will not be prevented from working continuously between 8.00am and 10.00pm unless otherwise agreed in writing/email. In the event of the Seller’s workmen being required to wait or stop working for the convenience of the Buyer or other trades, time will be charged at the Seller’s Daywork rates. Minimum Charge £149.00.
Should the Seller’s workmen be required to leave site through circumstances beyond the Seller’s control, the travel time and additional fares incurred will be charged extra. Minimum Charge £99.00
Where the alteration to the buyer’s premises or site, or change in the layout from that shown by the Seller’s drawing, involves additional goods or work an extra charge will be made.
All drawings prepared by the Seller for both design and layout are confidential and remain the exclusive property of the Seller. No unauthorised use, copy or disclosure of the drawings may be made.
The Sellers drawings/specification sheets on product(s) may differ slightly from time to time. The Seller will not be held liable for any product(s) that change and do not fit the Buyers/3rd parties structure(s).
The Seller and the Buyer have the right to cancel the contract at any time even when the order is being processed.
The Buyer has a 14 days returns policy.
Bespoke product(s) are not included in the 14 days returns policy. The Seller does not refund any bespoke product(s).The seller has the right to charge the full invoice on bespoke product(s) ordered. Bespoke product(s) will be clearly highlighted on the invoice/quote.
The Seller has the right to charge a restocking fee on all product(s) returned. This includes re-packaging, checking the product(s) thoroughly and administration charges.
The Buyer is responsible for returning the product(s) unless otherwise agreed in writing with the Seller.
It is the Buyer’s responsibility to return all product(s) in the same condition they received them in. Any marks, damages or missing parts the Buyer will be responsible for, even when in transit.
The Buyer will receive a full refund on the product(s) minus the 30% deposit placed and the original delivery charge. If the Buyer has not been charged delivery then the Seller has the right to still minus this from the refund given. If the Seller did not apply a 30% deposit when placing the order then the Seller still has the right to charge the Buyer 30% of the full invoice.
Service Level Agreement
The Sellers product(s) come with a return to base warranty for 24 months unless otherwise agreed in writing/email with the Buyer. This starts from the delivery date of the product(s) and finishes 24 months after.
The return to base warranty includes the following:
24/7 dedicated telephone and remote access technical support on the Sellers software and hardware.
Labor and parts of the product(s) free of charge, only if faulty.
A 1 hour training session on how to use the Sellers free digital signage software. This will include how to create, add, upload and deploy content securely.
Collection and delivery to and from the original delivery address free of charge, only if faulty.
Depending on the severity of the fault and if the fault cannot be determined over the telephone/email/writing, the Seller aims to turn around any fault up to 7 working days after reported. Anything after 7 working days the Seller will take the product(s) away and replace like for like or as close to whilst the Buyers product(s) are being repaired/swapped out.
Please note that custom product(s) may take longer and in some cases may not be able to be swapped out as the parts have been customised.
All of the above are subject to the terms and conditions.
The Seller will offer the Buyer free digital signage software on all screens where possible. This software comes with no monthly or annually fees. The Buyer will get a 1 hour free training session on how to create, add, upload and deploy content securely once the product(s) have been purchased.
Please note that there are limits to this softwares capabilities.
Terms and Conditions of Hire
The Company (Visimi Limited) will submit a written/emailed quotation which the Hirer shall accept in writing: the absence of such written quotation on or acceptance however shall not invalidate the Contract, and all the work quoted for and undertaken by, or goods hired from the Company shall be subject to these terms and conditions and the Hirer by authorising or allowing work to proceed or goods to be delivered is deemed to have confirmed the Contract and to have accepted these terms and conditions.
Period of Hire:
The period of hire is understood to mean the period for which the equipment is required to be ready and available for use.
Conditions of Site:
(i)The Company’s quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which goods are to be delivered is:-
a) flat level firm ground with easy access for heavy motor transport and
b) has no drain pipes, cables or other services buried beneath the surface or otherwise concealed. If the said site does not comply with these requirements the Company may in its discretion either rescind the Contract by giving oral or written notice to the Hirer or make additional hire charges. The Company shall not be liable to the Hirer for any loss damage or expense resulting from such rescission of the contract.
(ii) exclusion of company’s liability for damage to site and services. Whether the said site complies with the foregoing requirements or not the Company shall not be under any liability what so ever to make good any damage to the site nor shall the Company be under any liability what so ever in respect of damage to drain pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drains pipes or cables or other services shall have been supplied to the Company.
(iii) The position of equipment. It is the Hirer’s responsibility to have a representative on the site for that purpose. If the hirer shall fail to provide a representative on the site, the Company may erect equipment where it thinks fit and it shall be deemed to have performed the Contract. Images will be taken by the Company and will be available upon request.
Variation of Hire Charges:
The Company reserves the right to vary the quoted hire charges in the event of any increase taking place before or during the period of hire in the cost of labour, materials or transport.
All goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on the day arranged. The hire charges published in any of the Company’s printed matter are for guidance of Hirers in estimating costs only and do not constitute an offer.
The Company reserves the right to charge a non-refundable deposit of 30% of the total service quote to confirm the booking, the balance will be payable 3 days prior to the event unless agreed between the Hirer and the Company. In some cases, we may ask for 100% of the hire/delivery charge. In some cases we may ask for a refundable deposit.
Loss and Damage:
The Hirer is wholly responsible for all equipment on hire from the time of delivery/collection until collection/returned. The Hirer will be responsible for the safe custody of the Company’s property on the site, and will make good to the Company all loss or damage to the Company’s property or equipment hired or used on the site, including those due to theft or burglary, unless it be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of the Company. No guarantee can be given that the equipment will be removed the same day or following day, we will do our best to meet the wishes of our Clients whenever possible. We cannot accept responsibility of any items in place of our own. The Hirer will pay the Company in full for the loss of product(s) at the Company’s retail price. Product(s) that have been damaged, the Hirer will pay the repair costs in full.
The Hirer is responsible for insuring all equipment hired from the Company. If delivery of the equipment is arranged by the Company, the equipment will be insured until the Hirer receives. If the Hirer arranges their own collection/delivery with another company, then it is the Hirers responsibility.
Liabilities to 3rd Parties:
The Company will not be responsible for and the Hirer will indemnify the Company against all claims for injury to persons or loss of or damage to property how so ever caused.
Erection and Dismantling:
The Company normally provides labor for erection and dismantling and the cost there of is included in the hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property. This must be agreed before the hire with the Company and the Hirer.
The hire charges do not include Attendance by the Company’s Install Team except during the actual process of erection and dismantling. Further charges for men onsite throughout the duration of the hire needs to be agreed 14 days prior to the hire.
The Hirer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade, and any similar authority or organisation. Any cost as incurred in delays or modifications in the work arising from the absence of or misinterpretation of all such necessary permissions and permits shall be payable to the Company by the Hirer.
While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent upon act of God, War, Strikes, Riots, Lock-outs or other labor disturbances, Fire, Flood, restrictions in the use of Transport, Fuel or Power, Requisitioning, Shortage of Material or Transport or Labor or any other cause beyond the control of the Company.
Cancellation or Premature Termination of Contract:
In the event of the Hirer desiring to cancel the contract after a firm order has been placed; if the cancellation date is 30 days prior to delivery date, there will be a charge of 50% of the hire charge(30% deposit already paid so an extra 20% required), if the cancellation is 1 to 14 days prior to the delivery date, the charge will be 100% of the hire charge. The Company reserves the right to cancel any event at any time and will give a 100% refund if cancelled. No compensation will be made.
Delivery, Collection and Return of Equipment:
All equipment should be returned as it was delivered/collected. Please make a note on the delivery/collection note if there are any damages, missing parts etc so this can act as proof for the Hirer. If these notes are not made then the Hirer is responsible for all damages, missing parts etc. There may be a charge for items that are returned/collected in an unacceptable condition. i.e. damages, missing parts etc. Early return of equipment will still be charged by the Company in full. Equipment which has been hired and the Hirer does not turn up to the collection point or delivery address will still be charged by the Company in full.
The Hirer can brand the Company’s equipment as long as this is agreed in writing prior to the event. The Company can also offer branding at an extra cost which can be agreed prior to the event. The Company usually requires 7 days notice for branding, in some cases on large hires more time is needed. The Company will not be held responsible for branding that is not up to the Hirer’s expectations when the Hirer has provided the images/text. If the Company has to provide the images/text then the Hirer needs to confirm in writing/email that they are happy to proceed when the Company emails them the images/text.
Complaints as to shortage, damage etc on receipt of goods should be made before use. Complaints of this nature received on returned goods cannot be entertained.
Please note that by payment (deposit/or in full) for the hire for your event automatically binds an agreement to the terms and conditions with the Company (Visimi Ltd).