www.avmltd.co.uk Distribution With A Difference 23


6 Customers Obligations The Customer undertakes to AVM: 6.1 To inform AVM at the point of placing an order, whether the environment in which the equipment is to be used will be open to any level of oil based smoke hazard. Failure to declare where subsequent smoke damage is discovered whereby repair or replacement becomes necessary will be the responsibility of the customer under section 5.1 of this contract. 6.2 To take all reasonable care of the equipment to ensure its physical safety and security whilst in the possession or control of the Customer or on Site. 6.3 To notify AVM in writing of any change in the customer’s address or other contact details. 6.4 To procure all necessary licences and permissions relating to any acts of broadcasting, projection, recording, transmission or other communication and the use of live pre-recorded material for such purpose and to indemnify AVM against all loss, damage, costs and expenses incurred by AVM relating to any claim that the use, broadcast, projection, recording, transmission or other communication of any material infringes any copyright, trade mark or other intellectual property rights of any third party or is undertaken without a valid and effective licence or permission from any relevant licensing or other regulatory authority in the territory concerned. 6.5 To provide AVM with free access to such facilities on site at such times as AVM may reasonably request to enable AVM to provide its services. 6.6 To take all reasonable precautions to protect the health and safety of AVM’s employees and sub-contractors 6.7 To ensure that the equipment is used in a proper manner without risk to health and safety and not contrary to any law or for any purpose for which the equipment is not designed or suitable.


6.8 Not to modify the equipment or to remove any notices, labels or serial numbers.


6.9 Not to sell, sub-let or otherwise dispose of or part with the equipment or interest therein but to keep the equipment in its possession and control free from lien charge or encumbrance so that the equipment shall at all times remain the property of AVM. 6.0 Not to remove the equipment from the UK without prior consent of AVM.


7 AVM’s Obligations 7.1 AVM shall use its reasonable endeavours to provide the equipment and services in all material respects in accordance with the terms exercising all reasonable care and skill. 7.2 AVM shall have no liability unless the customer gives AVM reasonable details in writing within three months of the occurrence of the matter giving rise to the claim. 7.3 AVM shall not be liable to the customer by reason of delay or failure in performing any of AVM’s obligations due to any cause beyond AVM’s reasonable control including without limitation industrial actions or trade disputes. 7.4 AVM shall not be liable for costs to replace lost or damaged recordings provided by the customer other than the costs to replace the blank material costs only. 7.5 Any liability of AVM whether in contract or otherwise not excluded hereunder shall be limited to the contractual hire fee.


8 Pricing and Payments 8.1 The price of equipment and services shall be stated in AVM’s audio visual quotation or other order acknowledgment provided that any extra equipment subsequently required shall be chargeable in addition. 8.2 AVM reserves the right to by notice given at any time to increase the price to refl ect any increase in cost due to any factor beyond the control of AVM or delay caused by the customer. 8.3 The Customer shall pay the price of the hire or services within 21 days on the date of invoice unless other payment terms have been agreed in writing by AVM notwithstanding that that the hire of performance of services has not then been completed. 8.4 Should the customer fail to pay any sum on the due date then, without prejudice to any other right or remedy, AVM may cancel this contract, suspend provision of Services, remove equipment from site and/or charge interest on the unpaid amount at the rate of 2% per month calculated on a daily basis.


9 Cancellations


9.1 In the event of cancellation of the hire order by the customer the following charges will apply:


100% charge if cancelled within 24 hours of the rental period commencement date


50% charge if cancelled within 72 hours of the rental period commencement date


25% charge if cancelled within 7 days of the rental period commencement date


Any cancellation must be communicated to AVM via email. 10 Termination


10.1 In the event of bankruptcy, insolvency or liquidation of the customer or if the customer ceases or threatens cessation of business or AVM reasonably apprehends that the aforesaid is about to occur or if the customer is in breach of these terms, then without prejudice to any other right or remedy AVM may without liability to the customer by notice cancel or suspend provision of its services, repossess equipment and, if any services or equipment have been provided but are unpaid, the price shall become immediately due and payable notwithstanding any contrary agreement.


11 Force Majeure 11.1 AVM will not be liable for any failure to effect fulfi lment of the contract and/or failure to effect delivery of the whole or part of any order due to an event of Force Majeure. If delivery and/or collection are delayed due to an event of Force Majeure, we will notify you promptly of the reason for such a delay and you agree to give us such an extension to effect delivery and/or collection as is reasonable in the circumstances.


12 General


12.1 Any notice must be sent in writing and sent to the principal place of business of the party concerned.


12.2 No waiver of any breach of these terms shall be a waiver of any subsequent breach of the same or any other provision. 12.3 If any provision hereof is invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall be unaffected. 12.4 The interpretation and application of these Terms and conditions of business shall be in accordance with English and EC Law.


TERMS & CONDITIONS


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