1. General. Ross Lamberton Trading as Eclipse Entertainments. ("Here in after called the DISCO"). The 'CLIENT' is any person or company who hires or has agreed to hire Goods or services from the DISCO. 'Goods' means goods or services provided by the DISCO in accordance with the Company's Terms and Conditions . These Terms and Conditions supersede any previous Terms and Conditions. Any waiver by the DISCO of these Terms and Conditions on any occasion shall merely act as a waiver on that occasion, and shall not affect the DISCOS right to enforce any of these Terms and Conditions on any further occasion. No terms and conditions stipulated by the Hirer shall have effect unless agreed in writing from the DISCO.
2. Acceptance of Conditions. The CLIENTS acceptance of equipment on hire implies acceptance of our terms and Conditions as given below.
3. Retention of Title. All goods remain the absolute property of ECLIPSE ENTERTAINMENTS. And the CLIENT undertakes not to sell, offer to sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the equipment; nor allow any loan to be created on the equipment.
4. Application of Conditions. The DISCO shall not be bound by any conditions of business of the CLIENT unless such conditions are expressly accepted by the DISCO by a statement made in writing, and signed by an officer of the DISCO. Where there is any variance between the CLIENTS conditions and the DISCOS conditions, then the DISCO conditions shall prevail.
5. Insurance to Cover Loss or Damage. The CLIENT assumes complete responsibility for loss of or damage to the hire equipment (Other than fair wear and tear) from the time the equipment leaves the DISCOS premises or transport, until it is returned to same. To this end, it is a condition of hire that the CLIENT will arrange insurance cover to provide for the risks of; Theft, Fire, Accidental Damage and damage to any other third parties property or belongings, and in addition the CLIENT will indemnify the DISCO against any and all claims for the said risks or injury/ death to any other third parties or property.
6. Lost, Theft or Damaged Equipment. In the event of loss or theft of the hire equipment the DISCO will invoice the CLIENT in full for replacement of the equipment. In the event of damage to the equipment, the DISCO will, at its option, invoice the CLIENT in full for the repairs to, or the replacement of the equipment/recorded music.
7. In the event of the CLIENT wishing to cancel a booking, any deposit that has been paid will be forfeited. If you cancel the DISCO at any time after the booking form has been signed we have the right to charge you a cancellation fee If cancellation is made within seven days of the performance date, full payment of the fee will be applied for by the DISCO.
7. (a) All DISCO'S AND HIRED EQUIPMENT must be paid for at the start of the night less the deposit. (if you have paid a deposit).
7. (b) All dates in December including Christmas eve & new years eve, Due to the exceptional nature of these dates, Any cancellation once the contract (Written or verbal) has been agreed by CLIENT & DISCO, will attract a 100% full fee cancellation charge irrespective of notice period or any other factor.
8. The CLIENT warrants that he/she is entitled to use the venue for the purposes of the event and performance. The CLIENT will provide adequate supervision of all guests or staff at the venue, and will be liable for any loss of or damage to the equipment, caused by guests, customers or staff.
9. The DISCO shall expect reasonable access to properly earthed mains electricity supply of sufficient kilowatt rating to allow usage of the equipment for the performance. If in the opinion of the DISCO, the power supply is inadequate, the DISCO may reduce the amount of equipment accordingly.
10. Licences for the performance of recorded music are only required at public events. (In most cases, private parties, wedding receptions, etc do not require such a licence.) It is the CLIENT'S responsibility to ascertain whether or not a licence is required, and his/her responsibility to obtain such licences. Should the DISCO be prevented from performing due to the failure of the CLIENT to obtain any appropriate licence or similar permission, or should the performance be cancelled for any reason other than that covered in clause 12 below, then full payment of the fee will be applied for by the DISCO.
11. The CLIENT will allow the DISCO adequate setting up time, prior to the performance, and sufficient time afterwards to dismantle and remove the equipment from the venue. The CLIENT will be liable for any loss or damage, however caused, during such time as that equipment/recorded music is at the venue. The CLIENT will then be liable for all cost's to fix or replace equipment/recorded music.
12. In the unlikely event that the DISCO is prevented from attending the function for any reason outside its control (including sickness, equipment failure or mechanical breakdown) the DISCO shall not incur any liability for its non-appearance. In the unlikely event that this should be the case, any deposit that has been paid will be refunded.
13. The DISCO personnel will conduct themselves in a proper manner throughout their attendance at the venue, and will respond to the CLIENT'S requests as to volume levels, setting area of equipment, and/or any other reasonable request.
13. (a) If any of the DISCO personnel come under foul language, threatening behaviour, or such like behaviour The DISCO has the right to end the contract with the CLIENT. And no refund will be given .
14. Amendments of These Terms and conditions. No amendments to these Terms and conditions will be allowed or recognised unless given in writing to the DISCO at the request of the CLIENT and duly signed by an officer of the DISCO.
15. The DISCO personnel shall in no way be liable for any breach of laws, bye-laws or conditions under which any premises or property are leased, hired or entrusted to the CLIENT.
16. Errors and Descriptions. Every effort will be made by the DISCO to ensure accuracy of any technical data or literature made available in relation to the Goods. The DISCO accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the CLIENT or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Goods are for guidance only and shall not constitute the contract 'safe by description'.
17. Law. This contract shall be governed by Scottish Law in the Courts of Scotland.