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Koncept Productions (Koncept Castles)

Terms And Conditions

 
   
Koncept Productions Terms and conditions
 
 
I know, it's the boring bit, but at Koncept we are committed to providing the best in safe and reliable customer service. Below are our complete terms and conditions. We do ask that you read them, but please note they are not all specific to bouncy castles and disco parties.
 
   
Definitions  
1.1
"The Equipment" Shall mean the goods, components and other item hired or sold by Koncept Productions and any part thereof  
1.2
"The Customer" Is the person, firm, corporate or public body hiring or purchasing the equipment. Any person purporting to act on behalf of the customer shall be bound by the contract  
1.3
"The Seller" Shall Mean Koncept Productions. Martin Ruff, 2 The Green, Stotfold, Hitchin, Herts, SG5 4AN  
1.4
"Consequential loss" Shall mean loss of profits, contracts or other consequential loss or damage whatsoever "Interest" Shall mean interest calculated.  
1.5
"The Contract" Shall be interpreted and applied in accordance with English law and the parties to this contract agree to the exclusive jurisdiction of English law  
1.6
"The Contract" Shall be interpreted and applied in accordance with English law and the parties to this contract agree to the exclusive jurisdiction of English law  
1.7
" The Event" Shall mean the service or performance agreed to in writing by Koncept Productions on a given date and time.  
Hire Terms  
Audio Visual Equipment Charges  
2.1 Hire charges commence from the date stated in the contract and are payable for the period of hire  
2.2 Payment in full by cash or cheque is due on or before the collection/delivery of the equipment, There may in some cases be an additional deposit of 25% (of the total price, Inc delivery) required before any equipment may leave the care of Koncept Productions. This deposit will be refunded on the safe return of all the equipment in accordance with these conditions.  
2.3 Equipment must be returned by 12 noon on the date specified in the contract in a clean and serviceable condition and the customer must obtain a suppliers receipt . (Excludes Inflatable Hire)  
2.4 Additional charges accrue at the full daily rate together with consequential loss in the breach of these conditions or the equipment not being available for use by other customers  
2.5 All cables must be returned neatly coiled and secured with PVC Tape (or attached Velcro strap, if fitted). Failure to do this will result in a re-coiling and taping charge of £2 a cable.  
2.6 Koncept Productions Provides spares lamps and fuses with equipment where appropriate. These and any lamps and fuses they replace must be returned with the equipment and in default there full replacement cost will be charged  
2.7 A cancellation fee of up to 25% (of the total price, Inc delivery) will be required if cancellation is made with in 14 days of the date of the hire commencing. This applies to all orders confirmed in writing at least 21 days in advance of the date of the hire commencing.  
2.8 All charges are payable on demand  
Hire Period  
2.9
The hiring period commences at the time as stated on the date specified in the contract and continues for the period specified in the contract and terminates at the time stated on the last day of the hiring period  
Power To Enter This Contract  
2.10
The signatory on the contract warrants that they are duly authorised on the customer's behalf to enter into the contract and hereby personally indemnify Koncept Productions against all losses and costs that may be incurred if this is not the case.  
Customer's Responsibilities  
2.11
The customer's responsibility for the equipment commences on receipt of the equipment by the customer or his agent or on delivery and ends when the customer is in possession of Koncept Productions unqualified receipt for the return of all of the equipment  
2.12
The customer shall not at any time dispose or otherwise part with control of the equipment or attempt to do so  
2.13
The signatory to the contract and the customer jointly and severally undertake with Koncept Productions that anyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in possession of necessary instructional material and further will not allow the equipment to be miss used.  
2.14
The Customer will at all times fully indemnify Koncept Productions against any expense liability financial loss claim or proceedings whatsoever in respect of any personal injury or damage to or loss of any property arising out of or in connection with the delivery hire use non use repossession collection return or non return of the equipment  
2.15
Nothing in this clause shall effect the statutory right of the customers or purport to exclude any liability which may not exclude the Unfair Contract Terms Act 1977  
Electrical Equipment  
2.16
Any electrical equipment should be used with the plugs and/or sockets provided  
2.17
If other plugs and sockets are to be fitted by the customer such work shell be carried out by a competent person who shall also reinstate the same to the original condition prior to redelivery  
2.18
The customer shall be responsible at all times to arrange proper supply of electricity for use with the equipment and ensure that the equipment shall at all times be earthed  
Equipment And Maintenance  
2.19
The customer shall ensure that the equipment remains serviceable and clean during the hire period  
2.20
Any breakdown or unsatisfactory working of equipment shall be immediately notified to Koncept Productions  
2.21
The customer shall under no circumstances attempt to repair the equipment without authorisation from Koncept Productions  
2.22
Any damage or unsatisfactory equipment must be returned to Koncept Productions premises for examination at the customers cost  
2.23
If the equipment is involved in any accident resulting in damage to either the equipment or other property or injury to any person the customer shall notify Koncept Productions immediately  
2.23
Equipment must not be removed from any site originally specified by the customer or from any subsequently authorised site without prior consent of Koncept Productions  
Compatibility of Equipment  
2.25
The customer shall ensure that the equipment is compatible and may safely be used with any other equipment being used by the customer  
2.26
The Customer shall ensure that the equipment is suitable for their purposes  
Insurance  
2.27
The customer agrees to pay Koncept Productions the full retail cost of any equipment lost, stolen or damaged beyond repair (without deduction for wear and tear or age)  
2.28
The customer shall insure the goods against the above liability  
2.29
All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to Koncept Productions on demand to the extent that any such payment is due under this clause  
2.30
The customer shall not compromise or settle any claim without the express consent of Koncept Productions  
2.31
In the case of equipment which is lost, stolen or damaged beyond economic repair the customer shall pay a charge at the full daily rate together with interest and consequential loss until the equipment is replaced.  
Condition of Returned Equipment  
2.32
The customer is fully responsible for care safe keeping and return in good order of the equipment  
2.33
The customer will reimburse all costs incurred by Koncept Productions in rectifying the condition of any equipment returned damaged or unclean and shall in addition pay a charge at the full daily hire rate together with interest and any consequential loss until rectification  
Termination of Hire  
2.34
Koncept Productions shall be entitled to terminate the contract with immediate effect and to repossess the equipment if at any time:-  
2.35

(a) The Customer is in breech of these terms; Or

(b) The customer shall take any steps or if any act or proceeding is commenced in which the customer's solvency is in the reasonable view of Koncept Productions in doubt. Such termination shall not affect the right of Koncept Productions to recover from the customer any monies due under this contract interest consequential loss or damage for breach

 
2.36
The customer hereby authorises Koncept Productions to enter upon property which Koncept Productions reasonably believe any equipment to be and Koncept Productions in there absolute discretion may recover and remove the equipment  
2.37
The customer hereby authorises Koncept Productions (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the contract) to deduct any sums properly due to Koncept Productions arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of Koncept Productions  
2.38
Although Koncept Productions shall use all reasonable endeavors to discharge its obligations under a contract in a prompt and efficient manner, Koncept Productions does not accept responsibility for any failure or delay caused by circumstances beyond its control.  
Conditions As To Sale  
Risk In Sale  
3.1
The risk in the equipment shall pass to the customer immediately on delivery to the customer at the address shown for delivery on the contract or if the customer collects on collection  
3.2
Property and title in the equipment shall remain vested in Koncept Productions and Koncept Productions reserve the right to dispose of the equipment until such time as the price shall have been paid in full  
3.3
If any part of the payment is overdue or if the customer is in breach of any of these terms or if the customer or any third party shall take any steps or any act or proceeding in which in the view of Koncept Productions the customers solvency in doubt Koncept Productions may ( without prejudice to any of Koncept Productions other rights) recover or resell the equipment and may enter upon the customer's or third parties property for that purpose  
Receipt  
3.4 The Customer or any duly authorised person on behalf of the customer shall receive and unload the equipment and shall check the same for quantity and condition in the precedence of Koncept Productions carrier  
3.5 Any shortage of or unsatisfactory equipment shall be endorsed by the customer or duly authorised person on behalf of the customer on the delivery document and the customer shall give written conformation to Koncept Productions within three days of delivery  
3.6 No claim in respect of shortage of or unsatisfactory condition of the equipment shall be entered by Koncept Productions unless Condition 3.5. Is observed  
3.7 This condition does not affect the statuary right of the customer  
Services  
Discos & Karaoke Services  
4.1
Koncept Productions will provide the disco and/or Karaoke and will make every effort to provide the music which the customer requires.  
4.2
It is the sole responsibility of the customer to ensure the good conduct of their guests towards the DJ's and their assistants. If at any time before or during the function our DJ's deem their persons or property to be under threat, verbally or physically, Koncept Productions reserve the right to terminate the disco without notice. In the event of this happening refunds are not applicable.  
4.3
Koncept Productions offers the service of taking requests providing that the guests address our staff politely and with respect.  
4.4
Upon the conclusion of the function Koncept Productions will require approximately sixty minutes to pack our equipment and vacate the premises.  
4.5
At no time during the Disco/Function/Entertainment should the relationship (Numbers) of Parents/Guardians to minors be greater than 1 adult to 10 Children as it is the customers responsibility for the heath and safety of those children (under 18 years old).  
4.6
Payment of a non-refundable deposit for the event must be made within 10 days of Koncept Productions sending the customer a confirmation letter. Payment can be made by cash or cheque (cheques payable to Koncept Productions). If Koncept Productions has not received the deposit within this time period we reserve the right to accept other enquiries and/or bookings. The balance is payable either up to 7 days in advance of the disco by cheque, or after that by cash (this could be on the day of the disco) before the disco starts.  
4.7
The cost of the disco will be discussed and agreed between Koncept Productions and the customer. The cost may include extras (such as extras to the sound or light system for a larger venue) - all these details will be given in a written quote. All payments are to be made to Koncept Productions in advance before the start of the event.  
4.8
It is the responsibility of the customer to ensure that the venue has a suitable music licence and that the times agreed for the disco do not breach that licence. It may be necessary for the venue to have other licenses, such as PPL (Phonographic Performance Ltd on) licence (www.ppluk.com) or the Performing Rights Society (www.prs.co.uk). Koncept Productions recommends that the customer discuss licencing issues with the venue. Koncept Productions cannot be responsible for any breach of licensing laws.  
4.9
When DJ's/Sound engineers are expected to operate at a function lasting five hours or more, the customer should provide adequate food and soft drinks for the DJ's/sound engineers during the course of the function.  
4.10
Koncept Productions needs a minimum of one hour to set up the equipment in order to be able to start at the agreed time. It is agreed that the venue will be available for this hour for setting up purposes. It is the responsibility of the customer to make the necessary arrangements at the venue for Koncept Productions to have access to the venue for this purpose. Koncept Productions will move all their equipment away from the venue as quickly as possible after the event has finished and will make every effort to leave the area they have been using in the same state as it was at the start of the event.  
Inflatable hire  
5.1
The Customer is deemed to be in possession of the equipment from the agreed time of delivery until the time the equipment is collected.  
5.2
The Customer will, during the period of the hire, be responsible for the supervision of the equipment, its care, safety from damage however slight of any sort, and behavior of all persons of all ages using the equipment whatever their capacity, including proper supervision of children to ensure children under school age use the equipment separately to older children or adults.  
5.3
The maximum age allowable to use this equipment is clearly stated on the hire agreement and/or delivery document. Failure to observe this limit at any time during the hire period will render the Customer liable for any cost relating to injuries or damage.  
5.4
All persons using inflatable equipment and sumo suits must be physically fit, with no history of heart conditions or back injury or supporting a plaster cast. No persons using or supervising any equipment should be under the influence of alcohol and/or drugs.  
5.5
The Customer is solely responsible for making certain that the equipment is safe for use at all times. If an incident should arise that makes the Customer unsure over the safety of the equipment then the Customer should stop all activities and remove all persons from the equipment, disconnect the equipment from the electric mains and seek advice from Koncept Productions Immediately.  
5.6
At no times during the hire period should any person climb, sit or lay on the walls of any inflatable or hang from beams or supports.  
5.7
The Customer shall not use the equipment for any purpose other than that described in the hiring agreement, and shall not sub-hire or use the equipment or allow the equipment to be used for any unlawful purpose or in any unlawful way, nor allow anyone onto the equipment wearing shoes, spectacles, carry shape objects, key rings, metal studded clothing or any similar items which could harm damage to other or damage to the equipment. No food or drink is to be taken onto or consumed on the equipment. No party poppers, coloured streamers or silly string should be taken, thrown or sprayed onto the equipment, these substances cause permanent damage to the materials of the equipment and the Customer will be liable to Koncept Productions in the event of damage.  
5.8
The Customer shall be deemed to have inspected the equipment (accessories and/or Trailer(s) if supplied) and to have agreed that it is supplied complete and in good condition unless he/she brings to the attention of Koncept Productions, when it is checked by the Customer when coming into possession of the equipment, any faults noted by the Customer. If any equipment is interfered with, relocated, or adapted while in the possession of the Customer the liability for these actions stands solely with the Customer. Koncept Productions can accept no responsibility for injuries, damage or any other loss howsoever caused.  
5.9
Unless otherwise agreed in writing the hire period is from the time stated on the confirmation agreement and delivery document to the the agreed collection time or after at the discretion of Koncept Productions. Any obstruction by the customer or their guests/employees causing unnecessary delay will be charged at £35 per hour or part hour, this also applies where ball pool balls are not bagged and ready for collection.  
5.10
Public liability insurance is excluded in its entirety following any claim or injury to any third party or employee whether Directly or indirectly related to the use of alcohol and/or drugs. Koncept Productions excludes any liability for injury, loss or damage caused to any person using the equipment contrary to the terms and conditions of this contract.  
5.11
Provided that the equipment is used in accordance with the above guidelines and conditions of hire, those using the inflatables and sumo suits should do so safely. However, accidents can happen. Koncept Productions can accept no responsibility for injuries sustained, damage, or any other loss, howsoever caused, in the absence of the negligence of Koncept Productions and its staff. As the equipment will be in the Customers possession and control whilst in use rather than Koncept Productions, any liability for injury, loss or damage caused other than in the circumstances described above rests with the Customer. Accordingly it is strongly recommended that the Customer has adequate Public liability insurance covering his or her liability arising from the use of the equipment.  
5.12
Unless otherwise stated Koncept Productions needs a minimum of thirty minutes to set up the equipment in order to be able to start at the agreed time. It is agreed that the venue will be available for this hour for setting up purposes. It is the responsibility of the customer to make the necessary arrangements at the venue for Koncept Productions to have access to the venue for this purpose. Koncept Productions will move all their equipment away from the venue as quickly as possible after the event has finished and will make every effort to leave the area they have been using in the same state as it was at the start of the event. Koncept Productions will, unless otherwise stated, require a minimum of thirty minutes to pack away the equipment and vacate the venue.  
5.13
Koncept productions require a minimum of three feet wide clear access from the road, driveway or car park to the site were the inflatable is to be located. Koncept productions are not liable for any damage that may be caused to the customers or third parties property if there is less than three feet clear level access to the site from the delivery vehicle. The Customer is responsible for ensuring this is provided.  
All Services  
6.1
Although every endeavor is made Koncept Productions cannot guarantee to supply specific Inflatable, sound, lighting, visual or special effects equipment.  
6.2

a) All services Excluding Inflatable Hire.

This agreement is between Koncept Productions and the customer of Koncept Productions. This agreement applies from the time we receive the signed agreement confirmation (and deposit payment, if applicable) for the hire of Koncept Productions until completion of the contract between Koncept Productions and the customer, which, unless otherwise stated, shall be one hour after the end of the event.

b) Inflatable Hire

This agreement is between Koncept Productions and the customer of Koncept Productions. This agreement applies from the time we receive the customers hire request and respond with confirmation in writing, via post or email, for the hire of Koncept Productions services as stated until completion of the contract between Koncept Productions and the customer, which, unless otherwise stated, shall be one hour after the end of the hire period/event.

 
6.3
Failure to act upon provisions 4.6 and 6.2 without prior agreement with Koncept Productions will result in the immediate termination of this contract without further notice. This may also mean the immediate removal of equipment, which may have already been set up.  
6.4
The customer is responsible for the actions of the people attending the event (other than those employed by Koncept Productions or those employed by the venue) and, as such, is responsible for any damage that might occur to equipment owned by or hired to Koncept Productions. Any such damage to said equipment must be paid for by the customer at the full replacement cost.  
6.5

The following cancellation fees are applicable:

  • Cancellation more than 28 days prior to the date of the event - No cancellation fee
  • Cancellation between 8 and 27 days prior to the date of the event - 25% of balance payable
  • Cancellation between 0 and 7 days prior to the date of the event - 100% of balance payable

All of these cancellation fees are on the basis that any deposits paid for the event/hire are non-refundable.

 
6.6
All details regarding the accessibility of the function room/site are to be provided by the hirer. If upon our arrival to the venue we find the access is not as previously discussed we reserve the right to apply a surcharge of £50.00 to account for the extra work involved. Payment is required before we remove any equipment from our vehicles.  
6.7
It is the customer's responsibility to ensure that the venue is properly equipped with at least two standard double 13 amp 230/240volt electrical sockets within 5 metres of the performance area (25m of the site for inflatable).  
6.8
In the unlikely event that Koncept Productions are delayed from starting a performance due to events beyond our control, the customer is still liable for the full balance outstanding.  
6.9
It is responsibility of the customer to inform Koncept Productions of any restrictions, i.e. Noise Limiters - Time Restrictions - Smoke Detectors, Height Restrictions for vehicles etc.  
6.10
The parties hereto agree that in the event of loss of performance due to power or equipment failure, Koncept Productions shall be under no liability whatsoever, although reasonable precautions will be taken to safeguard the interests of the customer at all times.  
6.11
We strongly recommend that the customer take out Insurance to cover All eventualities.  
6.12
Koncept Productions will abide by these terms and conditions of hire. It is the responsibility of the customer to read and understand these terms and conditions before Signing any agreement to indicate their acceptance of the terms and conditions.  
6.13
The terms and conditions are binding on both parties. In the event of any dispute which cannot be settled between the two parties, an independent arbitrator will be chosen by both parties and the judgment of that arbitrator will be binding on both parties. The cost of appointing such an arbitrator will be equally borne by both parties.  
6.14
   
Koncept Productions holds the right to review and alter these Terms and Conditions at any time without notice. Last updated January 2013.  
   
Koncept Productions. Martin Ruff, 2 The Green, Stotfold, Hitchin, Herts, SG5 4AN  
     
These terms and conditions are available in larger print on request  
     

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