AV Xpert Limited Terms and Conditions of Service

Terms and Conditions For Web Users Terms and Conditions of Equipment Hire Terms and Conditions of Equipment Installation Terms and Conditions of Support and Maintenance

Terms and Conditions For Web Users

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "The Client", "You" and "Your" refers to you, the person accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company, AV Xpert Limited, a company registered in England and Wales, with company number 8967195, registered office: Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Policy

We are committed to protecting your privacy. Only authorised employees within the company may use any information collected from individual customers and web users on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers and web users. We do not store customer credit/ debit card details, nor do we store any non-essential sensitive customer information.

Confidentiality Notice

Client records are regarded as confidential and therefore will not be divulged to any third party, unless we are legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any Client Records that we keep about them. If you wish to view the information that we hold about you, please email info@avxpert.co.uk. We will respond to information requests within 1 month of receipt. Any inaccuracies reported to us will be rectified promptly, and we will usually be able to delete your personal information if requested (except in special circumstances).

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, or for the purpose of offering information about similar such future services. We will not add you to any mailing lists without your permission. If you have given consent for us to email you with our newsletter and updates, you can easily opt out by following the link to unsubscribe on any marketing email.

What Personal Data We Collect and Why We Collect It

If you make an enquiry with us, either by email, phone, contact form or in person, we will request the following information: First and Last Name, Company Name (if applicable), Email Address, Telephone Number, Billing Address and Delivery Address. These details are required by us, so as to be able to verify your identity and to enable us to provide you with any such contractual service that you may request from us. Depending on the nature of your enquiry, we may also request further information, such as the finer details of an event or service request, so as to be able to provide you with recommendations on the most appropriate services to meet your requirements.

Please be aware that all information provided by you will be stored on one or more databases, with the exception of any sensitive data such as credit/ debit card details. We hold this information securely and in accordance with the relevant laws, including the General Data Protection Regulation (GDPR).

Our Mailing List

When you contact us or request a quote via our website, you will have the option to join our mailing list. Subscribers to our mailing list will be sent promotional emails containing product information, special offers, and other updates. We use MailChimp to manage our mailing list.

Cookies

We use cookies to improve your online experience. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

We use Google Analytics to anonymously monitor traffic and user behaviour on our website. This tool does not collect any personally identifiable information. However, if you do not want to be included in our Analytics data, you can opt out of Google Analytics using a browser add-on. We also use Zendesk Chat to monitor live traffic to our website and visitor paths through our site. This information is not stored after the event. You can view their Privacy Policy here.

How long we retain your data

If you make an enquiry or place an order with us, we will store your data indefinitely, in order to enable you to place future orders more easily. If you leave a comment or product review, the comment/ review and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments or product reviews, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

How we Protect Your Data

We have adopted adequate measures to avoid alteration, loss or unauthorised access to your data. Data is secured through password protection and is stored on secure cloud databases. Our staff are trained in data protection.

What data breach procedures we have in place

If we believe there has been a data breach, we will inform the ICO within 24 hours.

Exclusions and Limitations

The information provided on our websites and any other materials supplied by us is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to the company’s websites and their contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in these websites and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of our websites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Log Files

We use IP addresses to analyse trends, administer our websites, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies Policy

Like most interactive web sites this Company’s websites [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our sites to enable the functionality of these areas and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from our websites

We do not monitor or review the content of other party’s websites which are linked to from our websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage users of our websites to be aware when they leave our sites & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to our sites or accessed through our sites yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of our websites.

This Company’s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on our websites are trade marked and subject to copyright.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our websites or via Company literature or via the Company’s stated telephone or mobile telephone numbers.

General

The laws of England and Wales govern these terms and conditions. By accessing our websites, booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our websites will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our sites’ customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. You are advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and us. Your accessing of our websites and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Equipment Hire Terms and Conditions

Acceptance

Acceptance of rental quotations must be in the form of either; written confirmation via email, digital acceptance through AV Xpert's online acceptance link, or via submission of a Purchase Order, sent to info@avxpert.co.uk or your AV Xpert Customer representative's email address.

Upon accepting a rental quotation, the Client agrees to be bound by these Terms and Conditions. A signature is required in order to accept these Terms and Conditions, which can either be made digitally through our online acceptance link, or via paper copy which must be requested from AV Xpert.

The Client acknowledges that all given dates and times for the hire period and any delivery/ set-up/ collection scheduling periods are correct, and understands that AV Xpert is unable to guarantee availability of equipment beyond these times and dates, and that the hire period cannot be extended beyond these times without apporval from AV Xpert.

Hire Policy

The Customer agrees that the following conditions must be met in order to qualify to hire equipment from AV Xpert:

- Hirer must be over the age of 18 on the first day of the hire period.

- Hirer must have a permanent UK address and must provide proof of address in the form of a recent utility bill or statement dated within the last 6 months.

- Hirer must provide proof of identity in the form of a valid passport or photo-card driving license.

- Payment for hire must be made by traceable electronic means, limited to: Card Payment or BACS transfer.

- Payment for the order must be made from an account that is in the hirer's name.

AV Xpert reserves the right to refuse hire of equipment without the need to give grounds for refusal. Under such circumstances, any amounts paid in advance by the Client for the booking in question will be fully refunded.

AV Xpert reserves the right to take a photocopy or photograph of Client verification documentation (proof of ID and Address) and will have the right to keep copies on file under strict confidentiality for the entire duration of the hire period and beyond this period, as it is considered that the relationship between AV Xpert and the Customer is open-ended. The Client reserves the right to ask for such documentation to be deleted and any paper copies destroyed, once the hire period has finished and all equipment has been returned to AV Xpert, with no outstanding monies owed by the Client.

Security Deposits

AV Xpert reserves the right to charge a security deposit for the hire of equipment. This will be required entirely at AV Xpert's discretion.

Should a security deposit be requested, the security deposit value will not exceed a maximum of 50% of the total of the manufacturer's SRP for each item of equipment to be hired.

Security Deposits will either be taken in the form of a card pre-authorisation or as a card transaction. A pre-authorisation is not a charge and no funds will be debited from your account at the time that a pre-authorisation is made, instead the sum of money is reserved against the total available balance of the credit or debit card's account.

Security Deposits will be returned/ refunded within 48 hours of all items of equipment being returned from hire in satisfactory condition, and at such a time that no outstanding monies are owed by the Client.

Funds from the Secuirty Deposit may be retained/collected by AV Xpert, for example but not limited to; if equipment is not returned at the end of the hire period, if equipment is returned in an unsatisfactory condition. If a balance is due on a Customer invoice.

Delivery and Collection Policy

The Client must specify if delivery is required in advance of booking, otherwise it will be assumed that the equipment is provided for Customer collection from our warehouse in Huntingdon.

Preferred Delivery slots and Preferred Collection Slots given by the Customer are for guideline purposes only, and whilst AV Xpert will make every effort to adhere to these times, they cannot be guaranteed.

If delivery and/or collection options are requested, delivery and/or colelction will be made by AV Xpert on the chosen Hire Start Date and Hire End Date respectively. The Client will receive a 1-hour delivery/ colelction slot for the dates of hire 2-3 days before the hire start date. If the equipment is required to be delivered or collected at or before a specific time on the hire dates, this must be arranged in advance by means of email or phone call, and additional charges may apply.

The price for delivery and collection is based upon a single delivery slot and single collection slot. Delivery and collection are charged separately, and should the hire period for each item of equipment on the quotation not be the same, multiple delivery and collection fees will apply.

Deliveries and Collections of Equipment made by AV Xpert and Customer Collection and Return of Equipment are to be arranged within AV Xpert's usual business hours (9 am - 5.30 pm, Monday - Friday), unless otherwise agreed in advance by both AV Xpert and the Customer. Should the Delivery or Collection time need to be arranged outside of these usual hours, an out-of-hours fee of £15+VAT per technician per day shall apply.

If the Customer is returning equipment, all items must be returned by 5.30pm on the hire end date, unless otherwise agreed in advance in writing by both AV Xpert and the Customer.

Items must be returned on time as per the above clause, unless express permission is given to the Client by AV Xpert to return items late, in which case a new agreed time and date will be arranged for the return of equipment. Any new agreed return times must then be adhered to.

If equipment is not returned by the return time on the date specified in the Rental Agreement, a late return fee shall apply. Late return fees will be calculated on a weekly basis at 150% of the usual 1-week hire rate for each item that is not returned on time. Late return fees shall continue to apply on a per-item basis until each item is returned.

Suitability of Equipment, Suitability of Venue and Access

AV Xpert shall not be held liable under any circumstances for the inability of the Client to make full use of the services or equipment being hired. It is the responsibility of the Client to ensure that the services and equipment hired will be suitable for the required task and fit for purpose.

When hiring equipment without a technician from AV Xpert, the Client accepts full responsibility for the complete understanding of how to operate the hired equipment correctly and safely. AV Xpert provides a technical support service over the phone, that is available between the hours of 8am and 10pm, should the client encounter any issues relating to user error, however AV Xpert will in no way be held responsible for any loss or damages caused by incorrect or improper use of equipment by the client.

The Client must ensure that the venue in which the equipment is to be used, permits the use of the equipment that is to be hired on the premises, and must ensure that the venue is suitable for the use of such equipment.

The Client will appreciate that suitable time for venue access, safe installation and safe dismantling of equipment and subsequent removal of equipment is required. It is the responsibility of the Client to ensure access to the venue within a reasonable time period before guests arrive, for safe installation of equipment, and that reasonable time remains after the event, for subsequent safe dismantling and removal of equipment. The Client must ensure that there is suitable access to the venue, ensuring that safe loading of equipment in and out of the venue is possible.

The Client must ensure that there is access to a 230v mains electricity supply with British English 13A power sockets within 15 metres of the installation area, unless a generator has been hired from us or provided elsewhere, in which case a suitable location for the generator must be chosen by the Client. A suitable area for a generator must be a well-ventilated, outdoor area, not within the reach of the general public or guests, within a distance of 50m of the installation area.

The Client appreciates that there is a minimum floor area and ceiling height required for the setup of equipment in the venue and it is the responsibility of the Client to ensure that adequate space is available. AV Xpert will provide dimensions for specific items of equipment upon request, if such information is needed, but it remains the responsibility of the Client to ensure that there is sufficient space for the intended equipment to be set up safely.

Where AV Xpert are delivering or collecting equipment, the Client must ensure that there is suitable access to the venue, ensuring that there is a car park within 30 metres of the venue door. The Client must notify AV Xpert if there are any steps between the car park and the location where equipment is to be set up, or if the use of a lift is required in order to access the area in which equipment is to be set up.

Owing to the extra efforts involved with carrying equipment upstairs, there will be an extra charge, as follows if there are stairs leading to the set-up area: No charge for up to five steps, £10 for between five and ten steps, £20 for between eleven and 20 steps, £30 for between 21 and 30 steps.

In the event that there are more than 30 steps between the car park and the set-up area, AV Xpert reserves the right to cancel the services, or provide a reduced set-up with full payment still required.

If the use of a lift is required to access teh set-up area, the internal dimensions of the lift and the dimensions of the opening must be provided to AV Xpert at the time of order, so as to ensure that all equipment will be able to be delivered to the set-up area.

No compensation may be sought by the Client should equipment be unable to be used under any such circumstances where the above terms and conditions from this section are not adhered to by the Client.

Outdoor Use of Equipment

Apart from equipment which is specifically rated for outdoor use by the manufacturer, unless otherwise agreed by AV Xpert, all equipment is permitted solely for indoor use.

AV Xpert may consent to the use of equipment in an outdoor environment, provided that it is deemed to be safe. Agreement between AV Xpert and the Client must be arranged prior to the Client using any equipment that is not expressly rated for outdoor use, in an outdoor or particularly humid environment (such as an indoor swimming pool). It is the responsibility of the Client to ensure that adequate protection from rain or damp conditions is provided for AV Xpert's equipment, to protect the equipment from damage, and to ensure the safety of the user and all persons present at the event.

If AV Xpert should discover that equipment is at risk from damage due to adverse weather conditions, where the Client has made insufficient provision to protect equipment from wet or damp conditions, AV Xpert reserves the right to terminate the contracted services early, with full payment still required. Fees shall apply for any damages to equipment from adverse weather conditions, as detailed in the below section, Damage to Equipment.

Damage to Equipment and Loss or Theft of Equipment

The Client agrees that compensation may be sought for damage incurred to AV Xpert's equipment, vehicles or personal belongings arising from negligence or wilful action by the Client, the Client's guests or any other persons present (whether invited as a guest or not). The Client shall be held liable for any damage incurred to equipment whilst equipment is in the possession and care of the Client.

It is the responsibility of the Client to ensure that all equipment provided on hire to them from AV Xpert is covered under a hired in equipment insurance policy, in the Client's name, to cover the full brand new replacement cost of all items on hire, in the event of loss, theft or damage. We are able to provide replacement costs upon request.

Where damage has occurred to equipment, the Client shall be responsible for repair costs of the equipment concerned for up to but not exceeding the full replacement cost of new items of equipment concerned at current market value. Where repair/ replacement costs are incurred, an administration fee of up to £40+VAT may also be charged to the Client in addition to any repair or replacement costs.

When equipment is released to the care of the Client, the Client will be required to sign a Delivery Note, which will state any pre-existing damage to equipment. If such note is not signed, it will be assumed that all items released to the care of the Client are in excellent condition. Equipment will be assessed for damage upon return from hire before it is re-stocked in our Warehouse, and if any items are discovered to have suffered from damage or significant scratches (excluding minor cosmetic marks), AV Xpert will inform the Client immediately and may seek compensation as detailed above.

Damage charges may be collected by means of retaining any security deposits paid by the Customer, but should such charges be larger than the value of any securities taken, an additional invoice will be raised to the Client, payable within 14 days of invoice date. AV Xpert reserves the right to charge late payment fees and interst on any outstanding monies owed as per these terms and conditions. Details of such fees can be found in the latter section, Payment.

Any equipment hired by the Client that is not returned at the end of the hire period, or that is no longer apparent in the area that it was left by AV Xpert (if AV Xpert delivered and set up the equipment), will be considered as lost or stolen, if the Client is not able to ensure the wheareabouts of such equipment and return the equipment within 14 days of the end of the hire period. The full replacement cost of lost or stolen items will be charged at current market value along with an administration fee of up to £40+VAT.

Replacement or Repair charges may be collected by means of retaining any security deposits paid by the Customer, but should such charges be larger than the value of any securities taken, an additional invoice will be raised to the Client, payable within 14 days of invoice date. AV Xpert reserves the right to charge late payment fees and interst on any outstanding monies owed as per these terms and conditions. Details of such fees can be found in the latter section, Payment.

Use of Equipment

Equipment shall be used for the sole purpose for which it is intended by the manufacturer. Equipment must not be modified or misused in any way.

All equipment remains the property of AV Xpert throughout the entire period of hire. The Client shall not lend or sub-hire equipment to any third party without first gaining permission from AV Xpert.

It is the responsibility of the Client to ensure the safety of all persons who may come in close proximity to the equipment whilst it is in the possession and care of the Client. To reduce potential danger, the Client must complete a method statement and full risk assessment for all stages of handling equipment, including: transportation, installation, operation, and dismantling of equipment. Method statements and risk assessments must be completed in advance of handling and using equipment, particularly before installing and using the equipment in any public place, so as to identify and address any possible risks to the public or guests at an event, to ensure the safety of all persons present.

AV Xpert will not be held responsible for any damage, loss or injuries incurred by the Client or any third parties due to the misuse or improper handling, operation or installation of the equipment hired. Sample Risk Assessments and Method Statements can be obtained from AV Xpert upon request, but it is the responsibility of the Client to ensure that they are tailored to and relevant to the specific tasks and environment to which the setup is concerned.

AV Xpert will not be held liable for any damage incurred from any residues left behind from, or spillages incurred during the use of Snow, Smoke, Haze, Dry Ice, Foam or Bubble Machines. It is the responsibility of the Client to ensure that such machines are operated at a safe and moderate level and in an appropriate location, to ensure they do not leave any damaging residue or cause spillages. Any such residue or spillages that may occur are the sole responsibility of the Client.

Continuation of Services Beyond the Stated Finish Time

AV Xpert will carry out the services as documented on the quotation between the contracted times as stated on the quotation, or as agreed in advance in writing or via electronic recorded means of communication. Should the Client ask for services to be continued beyond the stated finish time, this can be arranged with agreement from all AV Xpert Employees or Representatives present who are carrying out the Service. This will be charged at the current standard service rate, however an additional continuation of service fee of up to £20/hour per technician may be charged.

Safety and Conduct at Events

As the Client, you agree to provide adequate supervision of guests at all times and agree to be held responsible for the actions and conduct of all persons attending your event, whether invited or not. We reserve the right to offer our services in a safe environment, and should any AV Xpert personnel feel that they are under threat from any physical or verbal abuse, we reserve the right to terminate the service early, and leave with full payment still required.

Potentially Hazardous Equipment

The Client must be aware of the associated risks of using the equipment that they have hired from us, and agrees to take the necessary preventative measures to ensure the safety of all persons at the event, as detailed under the section, Use of Hire Equipment. The following equipment may pose a greater than average risk, and as such, preventative measures are suggested for said equipment: Smoke machines may cause asthma attacks - advanced warnings should be given to guests, and the device should not be used if it is believed that it may cause an asthma attack. Strobe and Laser lighting may cause people with epilepsy to suffer from seizures - advanced warning must be given to guests and equipment should not be used if it is known that persons suffering from such conditions are present. Bubble and Snow machines may leave residue on the walls, floor and ceiling of the venue - check with the venue that they are permitted for use prior to selection – these residues may also cause surfaces to become slippery, and as such, advance warning must be given, and clear signage must be placed at the location of use, describing potential slip hazards. Dry Ice Machines must only be operated by trained personnel – The extreme cold temperature of dry ice means that it must only be handled by trained and experienced personnel and thermal insulating gloves must be worn at all times when handling dry ice. Dry ice machines may only be used in well-ventilated areas.

Payment

Credit/ Debit Card and BACS Transfer are the only regularly accepted methods of payment. Cheques may be accepted under special circumstances with prior agreement from AV Xpert.

Our Terms of payment are usually stated on invoices issued to you, but if no terms are given on such documentation then payment will be required in full before any equipment is released to your care.

All goods provided for sale remain the property of AV Xpert until paid for in full and all goods provided for rental remain the property of AV Xpert indefinitely.

Any Monies payable to AV Xpert by the Client that remain outstanding beyond their due date shall be subject to interest charges at a rate of 8% above the Bank of England Base Rate, until such time as the balance is paid in full, in accordance with the Late Payment of Commercial Debts Act 1998. Interest will accrue on a monthly compound basis. In addition to this, the Client may be subject to the payment of a late payment fee of £20+VAT.

AV Xpert reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, the Client shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, AV Xpert reserves the right to terminate the arrangement and, if agreed to, shall insist on future cash transactions only.

Consequently, all current and future bookings, reservations and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Unless other payment terms have been agreed, a deposit payment of 30% shall be required at the time of booking. This must be paid within 7 days of receipt of deposit payment request, in order to secure the reservation and guarantee availability of equipment for the duration of hire.

Unless other payment terms have been agreed, the remaining balance must be paid in advance of any equipment being releassed to your care. Payment for the remaining balance can be paid upfront if preferable, or at any stage in advance of the hire date.

The Client agrees that the total amount due for services will be the agreed price stated on the quotation, plus the cost of any other charges as detailed in these Terms and Conditions – herein after referred to as the ‘final amount’. Payment of the final amount must be made before any equipment is released to the Client. AV Xpert reserves the right to cancel the services if the final amount is not received in full, and may still seek to recover the full amount. In the event of the Client breaching any part of these Terms and Conditions, AV Xpert reserves the right to cancel or withdraw the services, with full payment of the final amount still applicable.

Credit Accounts

Goods and services are supplied on account to approved account holders only, who have successfully completed an account application form and have been accepted for credit subject to any checks deemed necessary. Credit Terms are usually stated on all invoices, but if not present, our standard credit terms for approved account holders are 30 days from date of invoice. Invoices will be raised on the first day of the hire period, once equipment has been released to the Client's care. AV Xpert has the right to review the Customer's credit account status, suspend and/or terminate the account and raise or lower the credit limit without notice and for any reason.

Lapsed accounts may be terminated without notice. In the event of default from our terms and conditions, AV Xpert shall be entitled to recover compound interest at the rate of 5% per month on outstanding debt to the date of payment. The Company may offer a settlement discount (Prompt Payment Discount – PPD) allowable only if payment is received strictly within the settlement period and all previous invoices are cleared in full. PPD applies to the whole invoice including carriage and VAT. In accordance with HMRC PPD legislation the Customer is required to account for the VAT proportion of the VAT taken.

In addition to AV Xpert’s own dedicated credit control procedures, we may use the services of a third party debt collection agency. Bad or doubtful debts or overdue accounts will be passed to the debt collection agency at our discretion. AV Xpert will make reasonable endeavours to notify the Customer, prior to such action being taken. Debts passed to the debt collection agency will incur additional costs and interest from the outset.

Cancellation and Postponement Policy

Minimum 24 hours notice of cancellation is required. Notification for instance, via email, mobile phone ‘text message’ or any other physical/ electronic means will be accepted subject to confirmation by email or in writing (by post). We are unable to accept cancellations by telephone.

In the event that the Client wishes to make a cancellation, depending on the closeness of the confirmation of cancellation to the date of the hire/installation/event to be cancelled, the below charges will apply: A cancellation of services within 1-28 days of the hire/installation/event date shall result in a 50% charge of the final amount being levied. If the Client has already paid the full amount, the Client will receive a refund of 50% within 14 days of us receiving written confirmation of cancellation. Cancellation fees do not apply to approved credit account holders.

In the event of a cancellation of services more than 28 days in advance of the hire/installation/event date, there shall be no cancellation charges, however the minimum deposit amount for the booking remains non-refundable and will not be returned. Under such cicumstances, any deposits paid can be used as payment against one single future hire that must be booked and taken within 2 years of the original hire date. If the value of the future hire is less than the total value of the deposit amount in question, the remaining value will be retained by AV Xpert.

In the event that a Customer needs to postpone a hire due to unforeseen circumstances, AV Xpert will not provide refunds for any monies already paid, but will use any payments already made as payment against the future hire date. The Client must inform AV Xpert of the rescheduled dates within 1 year of giving notice of postponement, and the new hire dates must be no more than 2 years later than the original hire dates. New hire dates are provided subject to availability of equipment and staff and the Client accepts that no refunds may be sought should the Client wish to cancel their event following an initial postponement of the event.

Cancelations or postponements can only be accepted in writing, sent by post addressed to: AV Xpert, Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA, or by email, addressed to: orders@avxpert.co.uk.

In the unlikely event that AV Xpert are unable to attend your event in order to provide Set-up, Delivery, Technician services or any other services, due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, AV Xpert will endeavour to provide a suitable substitute of similar standards for your event. Whilst every effort will be made to supply a replacement, AV Xpert cannot guarantee this, and in such cases, the Client shall receive a full refund for any services not carried out, and may seek to claim compensation to a maximum value, not exceeding the total contracted value of services not carried out.

AV Xpert will not be held liable for non-fulfilment of contract by any contracted artiste. Under these circumstances only the contracted artiste will be held liable for up to and no more than the contracted amount.

AV Xpert shall have the right to cancel services should it be deemed that the Client has not fully adhered to these Terms and Conditions. Under such circumstances, the Client may still be liable to pay the final amount less any deposits received. The deposit remains non refundable under all circumstances.

Cancellation fees, as described above in this section, must be paid within 7 days of the date of cancellation. If payment is not received within this time, the outstanding monies will be subject to the same interest charges and late payment fees as described in the Payment Section of these Terms and Conditions.

Availability and Location

Unless otherwise stated, the services featured on this quote are only available within the United Kingdom, or in relation to postings from the United Kingdom. Delivery and Collection loccation and addresses must be arranged and provided in advance of acceptance of the quotation, and should the Client wish to change the Delivery times, dates or Locations, this can only be done subject to approval from AV Xpert, and subject to any additional fees that may be required to cover any additional costs associated with the change of details.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of AV Xpert or the Client's control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Equipment Installation Terms and Conditions

Acceptance

Acceptance of installation quotations must be in the form of either; written confirmation via email, digital acceptance through AV Xpert's online acceptance link, or via submission of a Purchase Order, sent to info@avxpert.co.uk or your AV Xpert Customer representative's email address.

Upon accepting an installation quotation, the Client agrees to be bound by these Terms and Conditions. A signature is required in order to accept these Terms and Conditions, which can either be made digitally through our online acceptance link, or via paper copy which must be requested from AV Xpert.

Training

System training session is included in the price. Depending on the size of the installation, this may take around 1-2 hours and can be offered at a time to suit you once the system has been fully installed and commissioned.

Warranty

Free 1-year on-site callout warranty is included in the price. This covers all new equipment that is supplied and installed by AV Xpert, and is coupled with manufacturers' warranties. Manufacturers' warranties may be longer than 1 year, and under such circumstances they will remain valid for their entire duration. AV Xpert's included warranty exclusively covers faulty goods under manufacturers' warranty as well as any system faults that may have arisen from installation by AV Xpert. Damages or tampering by the Client or any other third party are not covered by AV Xpert's onsite warranty.

Enabling Works

230v pre-enabling electrical works are only included where specified. Otherwise, it is the responsibility of the Client to arrange for such works to be completed in advance of our installation date. Any 230v electrical work sub-contracted by AV Xpert, is not covered by AV Xpert's on-site warranty, although the sub-contractor may cover such work.

Payment

50% deposit and written confirmation of order is required to secure the installation and any proposed installation date(s). In the event of a cancellation, deposits are non-refundable. If your installation requires planning permission or other such official agreement or authorisation, we are unable to pre-order goods or confirm installation dates until such a time that full approval has been granted.

An invoice will be issued for the deposit payment at the time of order, which is due by return to confirm the installation. Upon completion of works, a final invoice will be issued for the remaining 50% balance, due 30 days from the invoice date.

All items/ goods remain the property of AV Xpert until such time that payment is received in full. Payment methods accepted are limited to: BACS transfer, Cheque, Credit/Debit Card. Cards accepted: American Express, Visa, Visa Debit, Visa Electron, MasterCard, Maestro, JCB, Discover.

Validity of Quotes and Availability of Equipment

Quotations are valid until the Valid Date shown above. If no valid date is given then the quotation shall be valid for 30 days from the Document Date. However, prices and availability of items are subject to our suppliers' pricing and availability, and may change without warning. Should any adjustments in price occur, or any products become discontinued or unavailable between the time of issue and the time of acceptance of this quotation, you will be notified promptly.

Should any Items on a quotation become unavailable for AV Xpert to supply at the quoted price, AV Xpert will endeavour to source an alternative product of equal specification, at the same cost. However, if AV Xpert are unable to supply a replacement product of equal specification at the same price point as the originally specified product, AV Xpert reserves the right to remove the product from the order. Under such circumstances, a credit note for the cost of the item will be issued and any deposits paid against the item in question will be refunded.

If the Customer is unable to agree upon a suitable substitute for any necessary replacement items due to the above mentioned reason, the Customer understands that the system may not function as intended, and agrees to pay all outstanding invoices due for the works carried out and items supplied, without the system going through final commissionning phase. Under such circumstances, the 1-Year On-Site Callout Warranty will be invalidated.

Errors and omissions excepted.

Disposal of Waste

Quotations include the de-installation, removal and responsible disposal of any existing equipment that is to be replaced by the proposed system on a given quotation. The installation site will be cleaned and cleared of installation waste such as dust, cable off-cuts and some packaging at the end of the installation period. Some manufacturers require original packaging for the return of any faulty items, and as such we will not include the removal of such packaging. The de-installation of existing cabling or any other redundant equipment that is not being replaced by the proposed system on a given quotation is not included in the quotation unless otherwise specified.

Installation Methods

Chasing cables into walls or floors is not included in quotations unless otherwise specified. If left unspecified, the installation and running of cable routes will be done in the neatest and most discreet way possible, using silicone glue, cable tacks or trunking. All installed cable runs will be kept hidden where possible, but where cabling cannot be hidden from view, we will attempt to run cabling through colour-matched trunking (subject to availability) or suitable background coloured cabling will be used to minimise visual impact.

Access to Site

We require sufficient, safe access to the site for the entire agreed duration of the installation period. Failure to provide such access may result in additional installation costs becoming payable, and may significantly delay completion of works. For reasons of health and safety, it is essential that the site be closed to the general public whilst the works are being carried out. As the Client, you accept the consequences of closing the installation site to the general public during the installation period. AV Xpert will not be held liable for any loss of earnings arisen from the closure of the installation site.

Confidentiality

Quotations and contained information and pricing is strictly confidential and is intended solely for the use of the Client and any decision-making bodies and must not be shared with any other third parties. Should it be deemed that quotations or any part therein have been shared with any third party by the Client, without explicit consent from AV Xpert, AV Xpert reserve the right to charge a consultancy fee to cover the costs of the system design and preparation of the quotation.

Support and Maintenance Agreement Terms and Conditions

The Client agrees to accept from AV Xpert Limited, the support and maintenance services for installed audio-visual equipment at the Client's Site, and to pay the maintenance payments either monthly or in full in advance, in accordance with the terms and conditions as set out below.

Acceptance of quotations must be in the form of either; written confirmation via email, digital acceptance through AV Xpert's online acceptance link, or via submission of a Purchase Order, sent to info@avxpert.co.uk or your AV Xpert Customer representative's email address.

A signature is required in order to accept these Terms and Conditions, which can either be made digitally through our online acceptance link, or via paper copy which must be requested from AV Xpert.

The Client acknowledges that the given start and end dates for the service and maintenance period are correct as set out in the SMA period on the quotation document, and understands that AV Xpert is unable to provide the service outside of these dates unless a new agreement is signed to supersede this agreement. If no dates are specified on the SMA quotation document, the period will begin on the date of acceptance, and will run for 1 year (unless otherwise stated on the SMA quotation document).

SMA Policy Cover

The Client agrees that the services provided under the support and maintenance policy agreement are limited to the following:

At least one Planned Preventative Maintenance (PPM) Visit is required per annum to validate the support element of the agreement, to ensure all equipment is kept well maintained and in good working order. This/these visit(s) will be arranged during normal working hours, after the commencement of the agreement, at such time and on such dates as both parties will agree from time to time.

PPM Visits will be carried out in accordance with the Company's recommendations, and will consist of inspection, testing and cleaning of each item of equipment listed on the agreement, along with any ancilliary items such as cables and power supplies. System updates and diagnostics will also be carried out and any minor repairs will be completed under the agreement without additional charge (where the value of additionally required equipment or parts does not exceed £25+VAT). Any additionally required items or parts with a total value in excess of £25+VAT will be chargeable, and under such circumstances, the cost of repair must be agreed upon by both parties before AV Xpert will proceed with the repair.

Labour costs for any repairs or replacement items required are covered under the support and maintenance agreement.

Priority technical support over the phone or via video call, to attempt to resolve any reported issues with equipment.

An Engineer will be sent to site during normal working hours, to investigate and attempt to repair any reported issues, where the issue cannot be resolved over the phone.

AV Xpert will remove any faulty equipment from site and deal with manufacturer warranty claims on behalf of the Client.

Loan equipment provided subject to availability from our loan/rental stock, whilst damaged equipment is being repaired/ replaced.

SMA Policy Limitations

The Client agrees that the services provided under the support and maintenance policy agreement are subject to the following limitations:

Only equipment that has been listed on the agreement along with any cables and power supplies that come with said equipment will be covered by the policy.

The agreement will not cover the correction of faults or defects due to: The Client's misuse or neglect of the equipment, or failure from the Client to keep the equipment within an acceptable operating environment, or failure to operate equipment in accordance with the manufacturers' operating guidelines; Any alterations or modifications to the equipment carried out by any party other than AV Xpert, unless prior written consent has been given to the Client by AV Xpert; Any accident or natural disaster affecting the equipment.

AV Xpert will no longer provide cover for equipment that is deemed to be beyond economic repair by AV Xpert.

Telephone support and engineer callouts are limited to our standard business hours only (Monday - Friday, 9 a.m. - 5.30 p.m. excluding public and bank holidays). Telephone support is provided subject to availability of technicians, and in the unlikely event that a technician is unavailable to take a support call, we will endeavour to call you back within 2 business hours.

AV Xpert will endeavour to resolve any issues over the phone where possible before sending an engineer to site, and will only send an engineer to site where all other reasonable remote support options have been attempted and exhausted. Should it be deemed that the Client is not making a reasonable effort to cooperate with the technician during a support call, AV Xpert reserves the right to refuse to send a technician to site, and leave the issue unresolved.

Faults with equipment covered under the support and maintenance agreement are limited to those arising from user operator error, manufacturing defects and unforeseen errors and failures of equipment. Malicious damage, accidental physical damage and theft are not covered under the agreement, and should it be deemed by AV Xpert that malicious or accidental physical damage has occured to the equipment, or a theft of equipment has occured, additional callout fees may apply, and any required works to get the system operation again would be subject to labour charges.

Loan equipment will be provided, subject to availability from our rental stock, whilst damaged equipment is being repaired/ replaced. If the Client fails to provide confirmation of acceptance of repair costs for any out of warranty repairs within 14 days of receiving a quotation for such repairs, any loan equipment that has been provided under the agreement will subsequently be taken away without notice.

An unlimited number of engineer callouts are included under this agreement, however under circumstances where AV Xpert have deemed the callout to be outside of the scope of the agreement, AV Xpert reserves the right to charge our standard callout fee for such callouts.

Whilst user error is covered under the agreement, if the same issues are reported more than twice within a 6 month period, that have arisen due to user error, or a lack of understanding and training on how to use the system, AV Xpert reserves the right to refuse to visit site if requested, or may need to charge for a callout to cover such issues.

AV Xpert will endeavour to meet target response times for callouts to site of 1 business day for East Anglia, 2 business days for London and 3 business days for the rest of the UK.

Suitability of Service, Equipment, Location and Access

AV Xpert shall not be held liable under any circumstances for the inability of the Client to make full use of the services or equipment provided by AV Xpert or covered under the support and maintenance agreement. It is the responsibility of the Client to ensure that the services listed are suitable for the the Client and that the equipment covered within the Agreement is fit for purpose.

In the event of an engineer callout being required, AV Xpert will arrange a date and time for the callout, which will be agreed in writing by the Client. We require sufficient, safe access to the site for the entire agreed duration of the callout period. Failure to provide such access may result in additional costs being payable, and may significantly delay completion of works. For reasons of health and safety, it is essential that the site be closed to the general public and members of staff whilst any maintenance works are being carried out. As the Client, you accept the consequences of closing the equipment installation site to the general public and to employees during the callout period, including any financial implications. AV Xpert will not be held liable for any loss of earnings arisen from the closure of the site. If the Client is unable to provide the required access to site, AV Xpert reserves the right to charge a fee to cover the cost of the callout.

Installed equipment covered under the Agreement must not be moved or tampered with in any way by the Client or any Third Party. If it is deemed by AV Xpert that The Client or any Third Party has moved equipment (other than equipment which is deemed to be portable) or tampered with it, AV Xpert reserves the right to charge additional fees for any required callouts or repairs in relation to any damages to equipent caused by the client, and may in extreme circumstances revoke the Agreement without notice.

Use of Equipment

Equipment covered under the Agreement shall be used for the sole purpose for which it is intended by the manufacturer. Equipment must not be modified or misused in any way.

AV Xpert will not be held responsible for any damage, loss or injuries incurred by the Client or any Third Party due to the misuse or improper handling, operation or installation of the equipment covered under the Agreement.

Continuation of Service and the End of the Agreement

This Agreement will end on the final day of the period. Unless a new Support and Maintenance Agreement is taken out to provide continued uninterupted cover, with at least the same level of cover and with all items concerned included, if a repair/ replacement of equipment is underway when the Agreement ends, any further visits to site by AV Xpert engineers or loan equipment on site will be chargeable to the Client at our standard rates.

This Support and Maintenance Agreement will not automatically renew. It is the responsibility of the Client to ensure that continued adequate levels of cover are arranged and a new Agreement is put in place in advance of the end of the period to ensure uninterupted continuation of service.

Payment for Services

The Client shall be issued an invoive for services to be delivered, once the agreement has been accepted.

Credit/ Debit Card and BACS Transfer are the only accepted methods of payment. Cheques may be accepted under special circumstances with prior agreement from AV Xpert.

Our Terms of payment are stated on invoices issued to you, and in most cases will be 30 days, but if no terms are offered then payment will be required in full before any services are rendered.

Any Monies payable to AV Xpert by the Client that remain outstanding beyond their due date shall be subject to interest charges at a rate of 8% above the Bank of England Base Rate, until such time as the balance is paid in full, in accordance with the Late Payment of Commercial Debts Act 1998. Interest will accrue on a monthly compound basis. In addition to this, the Client may be subject to the payment of a late payment fee of £20+VAT.

AV Xpert reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, the Client shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, AV Xpert reserves the right to terminate the arrangement and may insist on future Credit/Debit Card or BACS transactions only.

Consequently, all current and future bookings, reservations and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

The Client agrees that the total amount due for services will be the agreed price stated on the quotation, plus the cost of any other charges as detailed in these Terms and Conditions. No other chargeable items will be added to invoices without prior agreement from the Client.

In the event that a fault or issue has arisen with equipment that requires a chargeable replacement or repair, if the Client does not wish to proceed with the repair/ replacement costs, AV Xpert will no longer be able to support any elements of the system that rely upon the faulty item(s) of equipment in question.

Credit Accounts

Goods and services are supplied on account to approved account holders only, who have successfully completed an account application form and have been accepted for credit subject to any checks deemed necessary. Credit Terms are usually stated on all invoices, but if not present, our standard credit terms for approved account holders are 30 days from date of invoice. Invoices will be raised at the time of order. AV Xpert has the right to review the Customer's credit account status, suspend and/or terminate the account and raise or lower the credit limit without notice and for any reason.

Lapsed accounts may be terminated without notice. In the event of default from our terms and conditions, AV Xpert shall be entitled to recover compound interest at the rate of 5% per month on outstanding debt to the date of payment. The Company may offer a settlement discount (Prompt Payment Discount - PPD) allowable only if payment is received strictly within the settlement period and all previous invoices are cleared in full. PPD applies to the whole invoice including carriage and VAT. In accordance with HMRC PPD legislation the Customer is required to account for the VAT proportion of the VAT taken.

In addition to AV Xpert's own dedicated credit control procedures, we may use the services of a third party debt collection agency. Bad or doubtful debts or overdue accounts will be passed to the debt collection agency at our discretion. AV Xpert will make reasonable endeavours to notify the Customer, prior to such action being taken. Debts passed to the debt collection agency will incur additional costs and interest from the outset.

Cancellation Policy

Minimum 24 hours notice of cancellation is required. Notification for instance, via email, mobile phone text message or any other physical/ electronic means will be accepted subject to confirmation by email or in writing. We are unable to accept cancellations by telephone. Cancelations can only be accepted in writing, sent by post addressed to: AV Xpert, Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA, or by email, addressed to: orders@avxpert.co.uk.

In the event that the Client wishes to cancel the service, the Client will be entitled to a partial refund, subject to the following conditions: The maintenance visit element of the Agreement is non-refundable once the Maintenance Visit has been carried out (if not otherwise specified on the Agreement, the maintenance visit element will equate to the current rate of a Senior Audio-Visual Engineer for 1 day). The remaining value of the Agreement less £20+VAT for every support call logged and less £150+VAT for every engineer callout logged, shall then be divided by the total number of months for which the agreement has remaining, in order to calculate a monthly refund value, which will be payable for every whole month that remains within the Agreement period. The Client does not have the right to cancel the service where loan equipment is being provided, or whilst a warranty or repair claim is currently open.

In the unlikely event that AV Xpert are unable to provide the services as set out in this Agreement, due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, AV Xpert will endeavour to provide a suitable substitute of similar standards. Whilst every effort will be made to supply a replacement service, AV Xpert cannot guarantee this, and in such cases, the Client shall receive a full refund for any services not carried out, and may seek to claim compensation to a maximum value, not exceeding the total contracted value of services not carried out, calculated in the same way as a cancellation of service by the Client would be calculated as per the paragraph above.

AV Xpert will not be held liable for non-fulfilment of contract by any contracted artiste. Under these circumstances only the contracted artiste will be held liable for up to and no more than the contracted amount.

AV Xpert shall have the right to cancel services should it be deemed that the Client has not fully adhered to these Terms and Conditions. Under such circumstances, the Client may still be liable to pay the final amount less any deposits received.

Cancellation fees, as described above in this section, must be paid within 7 days of the date of cancellation. If payment is not received within this time, the outstanding monies will be subject to the same interest charges and late payment fees as described in the Payment Section of these Terms and Conditions.

Availability and Location

Unless otherwise stated, the services featured on this quote are only available within the United Kingdom, or in relation to postings from the United Kingdom. Locations and addresses must be arranged and provided in advance of acceptance of the quotation, and the service is only valid whilst the equipment covered under this Agreement remains at the given location referred to as the Delivery Address.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of AV Xpert or the Client's control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

No compensation may be sought by the Client from AV Xpert under any circumstances where the equipment covered under this Agreement has cuased any loss or harm to the Client or to any Third Party arising from any event other than negligence from AV Xpert.

Quotations are valid until the Valid Date shown. If no valid date is given then the quotation shall be valid for 30 days from the Document Date. However, prices and availability of items are subject to our suppliers' pricing and availability, and may change without warning. Should any adjustments in price occur, you will be notified promptly.

This document and all of the contained information and pricing is strictly confidential and is intended solely for the use of the Client and any decision-making bodies and must not be shared with any other third parties. Should it be deemed that this document or any part herein has been shared with any third party by the Client, without explicit consent from AV Xpert, AV Xpert reserve the right to charge a consultancy fee to cover the costs of the system design and preparation of the quotation.

Errors and omissions excepted.