Terms of Service

This document gives the terms and conditions for use of this website to search for and/or request hire of a Sound System.

Please note that the terms of service of the companies providing the equipment (“The Dealer”) will take precedence over or act in addition to the terms laid out here.

Definitions:

“Hire” This expression refers to the arrangement to use equipment supplied by the Company at an event, accompanied by a crew provided by or on behalf of the Company. The period of Hire under these terms is usually two or more days and rates applied may be quoted as ‘the Tour Rate’. These Terms & Conditions do not cover Dry Hire arrangements.

“Hirer” The person, company, department or other body who has ordered and/or accepted Equipment or services from SoundMate.

“The Equipment” All items of equipment and or services accepted by the hirer along with any other items and or services included or implied whether specified or not.

“Owner/The Company” is SoundMate

“The Dealer” The company (or companies) that physically provide The Equipment, Sound Crew and any other aspect of the Hire, which will be organised by but not insured by The Company

Equipment And Services

1. Provision Of The Equipment And Services

SoundMate agrees to make the best effort possible to source & arrange the hire of a safe & appropriate sound system, lighting, rigging equipment (etc) described in The Hire for the hire period, with the co-operation of The Dealers.

2. Replacing Defective Equipment:

In the event of a defect; the liability of lies with The Dealer. The Company is not responsible for reporting defective equipment to The Dealer, however we will inform The Dealer of any defects reported to us as a courtesy to The Hirer.

3. Property

Equipment remains the property of The Dealer at all times. In the event of a breach of these conditions, The Hirer will be liable for the cost of the equipment to The Dealer, and The Company takes no responsibility for loss of property.

4. Principal Exclusions

Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:

4.1.  Taxes

including Value Added Tax (VAT)

4.2.  Equipment

(other than shown in the hire schedule/quotation) including risers, sets, scaffolding, flooring, staging equipment, fork lifts or other transportation equipment.

4.3.  Rigging Of Flying Points

i.e. the task of attaching motor chain hooks to the supporting fabric.

4.4.  Locally-Booked Or Venue Equipment

e.g. drum kits & backline equipment

4.5.  Local Crew Personnel

including loaders, stagehands, licenced riggers and electricians, operators of the Equipment. It will be the responsibility of the hirer to provide Local Crew to assist with equipment load in and load out. SoundMate will not be responsible for local crews, their PL Insurance, or PPE.

4.6.  Transportation

of equipment and personnel, including freight and transport costs and storage of the equipment. All equipment should be collected and returned to The Dealer at the end of the hire period. Other arrangements (such as delivery & collection organised by The Dealer) must be agreed in writing prior to the commencement of the hire contract.

4.7.  Insurance

It is a condition of hire that the Hirer takes out adequate insurance to cover the equipment hired, unless The Dealer states otherwise. The Hirer will, at the discretion of The Dealer, be charged for any equipment lost, stolen or damaged as described in Paragraphs 5 and 6 below (Responsibilities of the Hirer) whether or not this is covered by the insurance policy taken out by the Hirer.

5. Responsibilities Of The Hirer:

The Hirer assumes full responsibility for the Equipment from the time of checking out until checking in to The Dealer. The hirer is responsible for the safe keeping of equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The hirer is responsible for providing suitable and adequate security arrangements for the safe keeping of the equipment during the period of hire. The hirer must take all necessary steps (at its own expense) to retain possession and control of the equipment and in the event of losing possession or control will take all necessary steps to recover the equipment.

5.1.  Items of equipment are not to be used, and the Hirer will not permit them to be used, for any purpose for which they are not expressly designed.

5.2.  Equipment is not to be altered or modified in any way.

5.3.  Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of The Dealer.

The cost of replacing or repairing the Equipment will be borne in full by the Hirer. Equipment lost, damaged or modified will be charged for at full hire rate until the loss is settled in full.

6. Examples Of Loss/Damage /Modification

include (but are not limited to) the following:

Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance)

Damage or loss caused by inadequate handling by third parties (including local crew)

Damage by adverse weather conditions including water damage

Loss due to theft on site or in transit

Loss or damage during transportation

Modifying cables by cutting and/or re-wiring plugs/sockets

Hire Periods, Charges And Payments

7. Hire Period:

Hire charges are calculated from the date of collection / delivery to the date of return to The Dealer. Permission for extending hire arrangements may be granted on request but must not be assumed.

8. Weekends & Bank Holidays:

The Dealer may allow an extended hire over a weekend or bank holiday if the return period falls outside business hours as a result. This must not be assumed, and must be arranged in advance.

9. Hire Equipment Charges:

Hire charges vary between Dealers. The Company will calculate the cost of The Hire for the period given as according to each Dealer’s Terms of Service and agree them in advance of the hire period with The Dealer. Any extra costs incurred due to damage, extended hire or any other reason, will be at the expense of The Hirer and negotiated with The Dealer. The Company will, where possible, assist in communication, but is not liable for any costs incurred due to use of The Hire that is not agreed prior to the hire period.

10. Payments:

Payments must be made in full with cleared funds prior to collection of equipment, unless otherwise specified by The Dealer.

11. Cancellation Or Premature Termination Of Contract:

In the event of the hirer cancelling the contract after a firm order has been placed, charges will be levied as follows:

– More than 14 days notice – 25% total charge.

– 7 to 14 days notice – 50% total charge

– Less than 7 calendar days notice – 100% total charge

Safe Working Provisions

12. Health & Safety:

 A) Conditions Of Site:

The 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 flat level firm ground with easy access for heavy motor transport and associated equipment flight cases.

B) Liability For Damage To Site And Services:

Whether the site complies with the foregoing requirements or not neither the dealer . nor the company shall be under any liability whatsoever to make good any damage to the site nor shall the company or the dealer be under any liability whatsoever in respect of damage to fixtures fittings drains pipes or cables or other services buried under or around the site or otherwise concealed.

14. Site Power:

It is the hirer’s responsibility to ensure provision of a safe, consistent and adequate electrical power supply. Where portable generators are used, these must be regulated and adequately grounded. Please contact us if you are unsure about what power will be required. Equipment damaged due to unsafe or inadequate electrical equipment at the performance site shall be repaired or replaced at the expense of the hirer.

15. Sound Pressure Levels:

High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment acquired by SoundMate can and does produce high enough sound pressure levels to cause hearing damage. Feedback is inherent within Monitoring systems. Neither the company nor dealer can accept liability for any individual’s failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the hirer to ensure the safety, with regards to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

16. Local Licences:

The hirer is solely responsible for obtaining any licence, qualification or other authority, which may be required for the safe and legal operation of the Equipment hired and agrees to abide by all legal guidelines relating to the installation and operation of the Equipment.

General Terms And Provisions

17. Contract Of Hire:

The placing of an order for equipment by the Hirer or the issuing of a sales invoice by SoundMate constitutes a contract which binds the Hirer to accept these conditions and our full terms and conditions of business.

18. Termination:

SoundMate or any of our partners may terminate the hire contract under these terms and conditions or their own, either immediately or at any time within three months after that by notice to the Hirer and no payment subsequently accepted by SoundMate without knowledge of such termination shall in any way prejudice or affect the operation of this clause if the Hirer:

18.1.  fails to pay any Rentals or other sums payable under these conditions or under any other agreement between the Hirer and SoundMate, in full within 5 working days of such sums becoming due (whether demanded or not)

18.2.  commits a breach of any of the other terms and conditions of the contract (whether express or implied

18.3.  does or causes to be done any thing, which in the opinion of SoundMate may jeopardise SoundMate’s rights.

18.4.  is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired equipment, or against any premises where the equipment is, or against any of the Hirer’s goods or other property, or the hirer permits any judgement against it to remain unsatisfied for seven days

18.5.  suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order.

18.6.  enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act, or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts.

19. Force Majeure:

SoundMate is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, or natural disasters. While every effort will be made by SoundMate to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon natural disaster, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the company.

20. English Jurisdiction:

All agreements, contracts and transactions entered into with SoundMate will be bound and governed by English Law. This document supersedes all previous terms and conditions of hire.