SND Productions – Terms and conditions

The following Terms and Conditions define the agreement under which all business is conducted through SND Productions. No business is conducted through SND Productions without agreement of these Terms and Conditions unless expressly detailed in official written confirmation from SND Productions. Acceptance of any booking or order by SND Productions is subject to these Terms and conditions, any person, organization or company making a booking or placing an order with SND Productions does so in acceptance of these Terms and Conditions; placing any order or making any booking constitutes the client’s acceptance as such and the formation of a formal contract between SND Productions and the Person Company or Organisation placing the order or booking. Likewise, acceptance of employment as a Third Party acting on behalf of SND Productions also constitutes acceptance of these Terms and Conditions and the formation of a Formal contract between SND Productions and the Party involved.

1. Bookings & Orders:

a) Any booking or order is received in acceptance of these Terms and Conditions as referred to on all other SND paperwork.
b) All bookings or orders, once accepted, are subject to any deposit condition imposed in paragraph 2 below and also to the cancellation conditions imposed in paragraph 3 below.
c) Work carried out by SND shall be limited where necessary to that detailed in the accepted order. No further work need be carried out by SND or its agents in order to satisfy any requirement implied but not expressly detailed in an order – additional work may be agreed by quotation where necessary.
d) SND reserves the right to refuse to supply equipment or complete work where a client alters the requirements from those detailed in any booking, order or quotation. Any deposit made under these circumstances is non-refundable in accordance with paragraph 2 below. This is particularly relevant should a client make part payment for products and subsequently cancel or amend all or part of an order or bookings

2. Deposits:

a) A deposit may be required from any Client or Agent before a booking or order can be accepted. This requirement will be provided in writing by SND usually in the form of a quotation.
b) The requirement for a deposit does not necessarily reflect any Client’s ability to pay and should not be viewed as such. Deposits are required in order to facilitate the completion of a booking.
c) No deposit is refundable unless under the terms of SND’s cancellation policy contained in paragraph 4 below.
d) Deposits made in part payment for products are not refundable if the associated order is cancelled or amended by the client.
e) Clients agree that all deposits or part-payments made are non-refundable. Any decision to refund monies paid is entirely at the discretion of SND’s directors.

3. Payments & Ownership rights:

a) Payment must be received on the date as specified by a SND invoice.
b) SND reserves the right to charge interest at 3% percent per month and may also elect to suspend any further performance where it may be deemed necessary or appropriate.
c) SND Productions reserves the right to suspend business of any kind or to withhold products and services until the payment of overdue invoices are made.
d) Where late payment action is taken or a suspension of performance is made by SND Productions, no liability will be accepted for any resulting loss or action against any individual or company.
e) Equipment rented or loaned to a venue or person remains the property of SND Productions and must be made available for collection at any time such a request is made by SND Productions. The hirer or borrower retains no right to retain hired or loaned goods under any circumstances whatsoever.
f) It is the responsibility of the event organiser to ensure adequate security for all equipment while the equipment is on the customer’s premises. Any loss or damages during the event is on the organisers account. It is the responsibility of the event organiser to provide adequate insurance to cover for the equipment while it is on the premises of the quoted event.
g) It is the responsibility of the event organiser to provide alternating current electric power (3phase), if a generator is to be used, this fact must be disclosed to SND before acceptance of any quotation provided by SND.

4. Cancellations:

a) Any cancellation received more than 7 days in advance of any performance will be accepted with the loss of any deposit taken.
b) Any cancellation received less than 2 days in advance of any performance will be subject to payment of 100% of the full value of the booking and payable under the agreed terms of the booking if it had gone ahead.
c) If a cancelation is forced on a client by a “act of God” as defined, it remains a cancellation, SND would have incurred opportunity cost and as such 4(a) and 4(b) will still apply
d) In the event of SND or SND’s agents having to cancel a performance, as much notice as possible will be given. The extent of liability in such circumstances will be limited to that detailed in paragraph 5a below.
e) Public holidays and festive period are an exception to the above cancellation conditions and are subject to a minimum of a one month advance notice period to avoid full charge for the event.

5. Liability & Insurance:

a) In the event of any performance being cancelled by SND or its agents for any reason, the limit of any liability shall be the amount of any deposit paid. Any payment made as a gesture of goodwill under these circumstances does not constitute an admission of liability of any kind.
b) While equipment is installed on hire at a client venue for public performance with or without an authorised employee of SND present, that equipment becomes the sole responsibility of the venue operator. The client or venue operator (whichever is the licence holder or legal occupier of the venue) is fully responsible for all public liability insurance requirements for the venue.
c) The client is responsible and liable for any loss or damage beyond reasonable wear and tear (at the discretion of SND or its agents) to any of SND’s equipment by the client’s staff, guests or members of the public permitted to enter the venue while the equipment is at the venue.
d) For any damage and loss due to negligence the client will be responsible for the excess payments on insurance policies held by SND productions
e) All reasonable endeavours will be made by SND and its agents to assemble and operate equipment safely, protect it from damage and to see that it is assembled and used in compliance with Health and Safety requirements. Liability cannot be accepted for any accident or non-compliance beyond this reasonable endeavour.

6. Equipment suitability and supply:

a) Unless expressly detailed in a quotation or order acceptance, the equipment used to fulfil any booking or order shall be sufficient based on information received from the client or agent. No responsibility can be assumed for any lack of sufficient equipment due to the incorrect description of a venue or audience by an agent or client.
b) Unless expressly detailed in a quotation or order acceptance, the equipment used for installation at a venue in fulfilment of an order shall be sufficient based on information received from the client or agent or survey performed by SND.
c) Where the permanent installation of equipment is due to take place, the quotation for such equipment shall detail the type of equipment to be used. Acceptance of such a quotation in the placing of an order constitutes acceptance of the equipment to be used.
d) SND reserves the right to substitute equipment in use or to be used in any booking or installation with alternative equipment which is both comparable (of similar standard) and compatible should it not be possible to provide the equipment quoted for reasons beyond its control.

7. Legality:

a) This document shall be legally binding and is not negotiable. All orders and bookings received by SND are subject to these Terms and Conditions.
b) The placing of any order verbally, in writing or electronically, or full or part payment of any funds with SND constitutes full acceptance of these terms and conditions.
c) It is agreed herein and therefore that this document shall not be superseded by any other document or notice by payment process or otherwise by SND or any other party. SND expressly details that these Terms & Conditions remain valid throughout any work the company is employed for or paid to perform and may not under any circumstances be superseded or circumvented for the duration of any work, or the length of any warranty or maintenance contract.