AV Xpert Limited Terms and Conditions of Service
Full Terms and Conditions (For Web Users and Customers)
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: 56 Common Lane, Hemingford Abbots, Huntingdon, Cambridgeshire, PE28 9AW. “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.
We are committed to protecting your privacy. Only authorised employees within the company may use any information collected from individual customers on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers. We do not store customer credit/ debit card details.
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 and all Client Records that we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties.
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. The client shall have the right to choose to opt out of marketing communications by following the link to opt out on any marketing email.
AV Xpert reserves the right to use our corporate clients’ official company logos on our website as a part of our “past clients” section. Should our corporate clients wish for their logos not to be used in this way, they must notify us by email or in writing to opt out of this clause. We will never disclose any personal or sensitive information regarding your account or previous orders.
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.
Online Order Requirements
Once an order has been placed online, the client agrees to complete a Rental Agreement, which will set out the services agreed by both parties in their entirety.
Upon placing an order online, the client agrees that AV Xpert reserves the right to charge a security deposit – see section Security Deposits below.
When reserving equipment for hire online, the client acknowledges that the dates for collection and return of equipment are correct, and shall be bound to the hire of the selected equipment on these dates. We are not able to guarantee the availability of additional services on orders placed online unless they are agreed in advance of making a booking online. Such services include but are not limited to, delivery and set-up services, DJ services, and operation of equipment by Sound and Lighting technicians.
The client agrees to provide proof of ID and proof of address before any equipment is released to the client’s care. In the case of orders for delivery, copies must be sent to us by email or post in advance of the hire date and in the case of orders for collection, ID and proof of address must be brought along at the time of collection.
AV Xpert reserves the right to take a photocopy or photograph of such documentation 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 us in satisfactory condition, with no outstanding monies owed by the client.
Proof of ID must be in the form of Photo ID (e.g. Driving License or Passport), and proof of address must be dated within the last 6 months (e.g. recent utility bill or bank/ credit card statement).
The following conditions must be met in order for a customer 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: PayPal, 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 charge a security deposit for the hire of equipment. This will be required entirely at AV Xpert’s discretion.
- Should a security deposit be required, the deposit value will not exceed a maximum of 50% of the total of the manufacturer’s RRP for all equipment to be hired.
- Security Deposits will be taken in the form of a card pre-authorisation – this is a temporary hold of a specific amount of the available balance on a credit or debit card.
- The pre-authorisation is not a charge and no funds will be debited from your account at the time that the pre-authorisation is made.
- The pre-authorisation will be cancelled 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 may be collected from the pre-authorisation 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.
The client will be required to sign a rental agreement for every rental contract that is booked by the client and carried out by AV Xpert Limited.
No services shall be carried out by AV Xpert Limited, nor shall any equipment be released to the client until the client has signed the rental agreement.
The Rental Agreement will be signed by the client at the time of service delivery or at the time of collection of equipment from AV Xpert by the client (for orders placed for customer collection and return). The client will sign the agreement by electronic means unless a paper copy is requested in advance.
Upon signing the agreement, the client also acknowledges that all details on the agreement are correct.
Orders made through our online booking service must be collected from our store unless a delivery option has been selected by the client at the checkout stage. For Email or Telephone orders, the client must specify delivery is required at the time of booking.
Preferred Delivery slots and Preferred Collection Slots given by the customer on our online booking form are for guideline purposes only, whilst AV Xpert will make every effort to adhere to these times, they are not guaranteed.
Delivery will be made by AV Xpert on the chosen Hire Date, and the client will receive a 1-hour delivery slot for the date of hire 2-3 days before the hire date. If the equipment is required to be delivered by a specific time on the date, this must be arranged in advance by means of email or phone call, and if an earlier setup is required, additional hire charges may apply.
Delivery charges will be calculated at the checkout stage for online orders upon entry of the client’s Postcode into the online delivery calculator. Up-to-date delivery charges are available on our website. All delivery services and prices include subsequent collection of equipment.
The price for delivery is based upon a single delivery slot and single collection slot. The client must therefore only provide one hire date per order. In the event of multiple items being ordered for delivery for different hire dates within the same order, the order shall be invalid.
Orders must be collected/delivered on the hire date between the hours of 12 noon and 8 pm, unless otherwise agreed in advance between AV Xpert and the client, and specified on the Rental Agreement.
When an order is placed online, the collection time shall be assumed to be within these hours on the hire date of the reservation. The client will be asked to specify a Preferred Collection/ Delivery time at the start of the hire period and a Preferred Return/ Collection time at the end of the hire period – Whilst we will make every effort to accommodate our clients’ preferred times, it will not always be possible to do so. It is the responsibility of the client to confirm the availability of equipment for collection/delivery or return/collection at the client’s preferred times in advance of placing a booking.
All items must be returned at or before 12 noon on the return date, unless otherwise agreed in advance between the client and AV Xpert in writing. When an order is placed online, the return time shall be assumed to be within these hours, on the return date of the reservation. Items must be returned on time, unless express permission is given to the client by AV Xpert Limited 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 daily basis at 150% of the single-day hire rate for each item that is not returned on time. The late return fee shall continue to apply on a per-item basis until the item is returned. If items are returned late, the client shall remain bound by these Terms and Conditions, until such a time that all items have been returned and all monies paid.
Suitability of Equipment, Suitability of Venue and Access
AV Xpert Limited shall not be held liable under any circumstances for the inability of the client to make full use of the services or equipment provided, whether this be caused by the client having selected inadequate or unsuitable equipment or services, the venue being unsuitable for intended purpose or Access to the venue being inadequate with respect to installing the chosen equipment. Under such circumstances, no compensation may be sought by the client.
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 that they have 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, 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 installation of equipment into the venue and it is the responsibility of the client to ensure that this is adequate. The client may ask AV Xpert Limited to provide dimensions for specific items of equipment if such information is needed, but it is the responsibility of the client to ensure that there is sufficient space for the intended installation.
Where the client has agreed a setup and installation service to be carried out by AV Xpert, 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 will be held liable for any parking charges including PCNs that may be incurred by AV Xpert’s vehicles and staff when delivering or installing equipment for the client.
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 we are to set up equipment, and appreciate that, owing to the extra efforts involved with carrying equipment upstairs, there will be an extra charge, as follows: 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. Where the client is not familiar with the venue, and there are stairs that we are unaware of, the charge for this will be incurred on the day, but otherwise must be paid in advance. In the event that there are any more than 30 steps between the car park and the room that we are to set up equipment, we reserve the right to cancel the event, or provide a reduced set-up, with full payment still required, however under these circumstances, we may be willing to consider carrying out the event, with an extra incurred cost agreed on the day.
Outdoor Use of Equipment
Unless otherwise specified, all equipment is permitted solely for indoor use. AV Xpert Limited may consent to the use of equipment outdoors, although agreement between AV Xpert Limited and the client must be arranged prior to the client using any equipment outdoors.
It is the responsibility of the client to ensure that adequate protection from rain or damp conditions is provided for AV Xpert Limited’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 Limited should discover that equipment is at risk from damage due to adverse weather conditions, where the client has made insufficient provisions to protect equipment from wet or damp conditions, AV Xpert Limited reserves the right to terminate the contracted services early, with the full amount payable for services still applying.
Fees shall apply for any damages to equipment from adverse weather conditions, as detailed in the section, Damage to Equipment, below.
Damage to Equipment
The client agrees that compensation may be sought for damage incurred to AV Xpert Limited’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 during the service period, or whilst equipment is in the possession and care of the client. Where damage has occurred, 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 may also be charged to the client in addition to such costs.
Items of equipment shall be assessed for condition by AV Xpert just prior to their release to the client, and upon return of equipment to AV Xpert. The client may be asked to agree to said condition of items, both at the time of release, and the time of return, by means of providing a signature on an Equipment Release and Return Form.
Should AV Xpert Limited be unsatisfied with the condition of equipment at the end of the hire period, as a result of damage to equipment incurred whilst in the possession and care of the client, as described above in this section, the client shall be held liable for charges as detailed above.
In the event that equipment is damaged, and the client has provided a security deposit for the service period, AV Xpert Limited shall reserve the right to use the deposit as a contribution towards payment of any fees incurred as a result of damage.
If the resulting fees for damage are lower than the value of the security deposit, the difference in balance shall be returned to the client in the form of a cheque. Under such circumstances, the client must provide details for such payment, and will receive the payment within 14 days of providing such details.
Should it be deemed that the state of damage is greater than the value of any security deposit provided by the client, an extra charge shall be raised to the client for the difference between the value of the security deposit and the value of damages and administration as detailed above. In such circumstances, payment shall be due within 7 days, and failure to make payment within this time shall result in a late payment fee, as described in the payment section.
Loss of Hire Equipment
Should any of the equipment hired not be returned at the end of the hire period, due to its loss whilst in the possession and care of the client, the full replacement cost of the items concerned at current market value shall be charged to the client as well as an administration fee of up to £40. In such circumstances, payment shall be due within 14 days, and failure to make payment within this time shall result in a late payment fee, as described within the section of these Terms and Conditions, titled Payment.
Use of Hire 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 Limited throughout the entire period of hire. The client shall not lend or rehire equipment to any third party.
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 Limited 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.
The client shall have the right to ask AV Xpert for sample versions of said method statements and risk assessments, but it remains the responsibility of the client to tailor such documentation so that it fits appropriately and accordingly with the locations and potential scenarios and risks as proposed and encountered by the client.
AV Xpert Limited will not be held liable for any damage incurred from any residues left behind from, or spillages incurred during the use of Snow, Smoke or Bubble Machines. It is the responsibility of the client to ensure that such machines are operated at a safe and moderate level to ensure they do not leave a damaging residue or spillage, however under such circumstances where a residue or spillage occurs, it is the sole responsibility of the client.
Continuation of DJ/ Sound Engineering/ Lighting Technician Services
If we are asked to continue our services beyond the finish time agreed in the booking, with agreement between AV Xpert Personnel and the client, continuation of services shall be charged at £40+vat per half hour per service.
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 Dangerous 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.
Credit/ Debit Card, PayPal and BACS Transfer are all acceptable methods of payment. Our Terms for payment are usually stated on invoices issued to you, but if no Terms are given on such documentation then the Terms are payment in full before any equipment is released to your care. All goods for sale remain the property of AV Xpert until paid for in full.
In the event that any Monies payable to AV Xpert by the client remain outstanding by their due date, AV Xpert Limited reserves the right to charge interest on any outstanding monies 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. We reserve 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 the event that the outstanding balance does not exceed £3000. In such circumstances, you 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, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings 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.
A deposit must be paid within 14 days of making a booking or reservation, or a minimum of 2 days before the event date, whichever comes sooner. For E-mail or Telephone reservations, the deposit value shall be specified at the time that the reservation is made on the invoice. The client may choose to pay only the deposit value or may pay the balance in full at the time of booking.
The client agrees that the total amount due for the event will be the agreed price stated on the Rental Agreement, 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 Limited reserves the right to cancel the services if said payment is not received, with all monies still payable.
In the event of the client breaching any part of these Terms and Conditions, AV Xpert Limited reserves the right to cancel or withdraw the services, with full payment of the final amount still applicable.
Goods and services are supplied on account only to approved account holders who have completed this form and have been accepted for credit. Terms are net 7 days from date of equipment hire. Account payments are accepted by direct bank transfer or credit/debit card payment over the phone.
AV Xpert has the right to review the customer 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 indebtedness 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.
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 7 days of your hire/installation/event date shall result in a 75% charge of the final amount being payable. If the client has already paid the full amount, the client will receive a refund of 25% within 14 days of us receiving written confirmation of cancellation. Fee not applicable to trade customers who have been accepted for a Trade Rental Account.
A cancellation of services within 7-28 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 25% within 7 days of us receiving written confirmation of cancellation. Fee not applicable to trade customers who have been accepted for a Trade Rental Account.
In the event of a cancellation of services more than 28 days in advance of the hire/installation/event date, there shall be no further charges, however the minimum deposit amount for the booking remains non-refundable.
We are only able to accept cancelations in writing, sent by post (addressed to: AV Xpert Limited, 56 Common Lane, Hemingford Abbots, PE28 9AW) or email (addressed to: email@example.com).
In the unlikely event that AV Xpert Limited are unable to attend your event personally in order to provide Set-up, Delivery, Mobile DJ, Sound and Lighting Technician services or any other services, due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, AV Xpert Limited 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 Limited 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 Limited shall have the right to cancel their services should it be deemed that the client has not fully adhered to these Terms and Conditions. Under these circumstances, the client will be liable to pay a cancellation fee of 50% of 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 such fee 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.
Unless otherwise stated, the services featured on our websites are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through our websites. Redistribution or republication of any part of our websites or their content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from its sites will be uninterrupted, timely or error free, although it is provided to the best ability. By using these services you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
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.
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 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.
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.
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 our 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.
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.
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
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.
© AV Xpert Limited 2018. All Rights Reserved.