terms & conditions
TERMS AND CONDITIONS OF HIRE OF Show Light cc REGISTRATION NUMBER: 2007/066005/23
1. DEFINITIONS
For the purposes of these terms and conditions, the following words shall have the following meaning
Assigned to them unless the context indicates otherwise:
. 1.1 “The Act” shall mean the Consumer Protection Act 68 of 2008;
. 1.2 “Delivery Note” shall mean the Equipment list provided by Show Light cc to the Hirer on or before collection or delivery of the Equipment;
. 1.3 “Dry Hire” shall mean the Services excluding the provision of any crewing, namely, the delivery, set-up, operation and/or removal of the Equipment by Show Light cc;
. 1.4 “Equipment” shall mean the sound equipment, the staging equipment, the audio visual equipment, the lighting equipment and any and all ancillary equipment hired by the Hirer;
. 1.5 “Hire” shall mean the renting of Equipment by a Hirer from Show Light cc;
. 1.6 “Hirer” shall mean the person, juristic or natural, contracting with Show Light cc;
. 1.7 “Services” shall mean the Hire of Equipment and the provision of a sound crew as well as, where applicable, the delivery, set-up, operation and removal of the Equipment by Show Light cc. Services shall include any other services specifically agreed to by Show Light cc and the Hirer in writing; and
. 1.8 “Show Light” shall mean Show Light cc, a company registered in accordance with the laws of South Africa under registration number 2007/066005/23.
2. ACCEPTANCE
. 2.1 Show Light agrees to supply the Hirer with the Equipment and the Services on the terms and conditions set out herein unless varied in writing and signed by a duly authorized representative of Show Light.
. 2.2 Where Show Light is unable to supply the Equipment specified in the Delivery Note or quotation, Show Light will provide the Hirer with alternative comparable Equipment capable of satisfying the Hirer’s request as recorded in the quotation.
THE HIRER’S ATTENTION IS SPECIFICALLY DIRECTED TO THE FOLLOWING CLAUSES IN THESE TERMS AND CONDITIONS: CLAUSES 4.1 AND 8.3 IN TERMS OF WHICH THE HIRER ACCEPTS THE RISK OF EQUIPMENT HIRED, CLAUSE 11 WHICH RECORDS THE LIMITS OF Show Light’s LIABILITY TO THE HIRER AND CLAUSES 16.3 AND 16.5 CONCERNING WARRANTIES BY THE HIRER.
3. HIRE CHARGES AND PAYMENT
. 3.1 Subject to the Act, the Equipment and Services shall be supplied at the prices specified in a quotation issued by Show Light to the Hirer.
. 3.2 The period during which Hire charges shall apply shall be the period stated in the Delivery Note.
. 3.3 All Hire charges and charges for Services which are due to Show Light shall be paid in full prior to the supply of the Equipment and the Services unless otherwise agreed in writing by Show Light and the Hirer.
. 3.4 Payment is regarded as having been made only when the Hire charges and/or any other amounts due to Show Light are reflected and cleared in Show Light’s account.
. 3.5 Show Light shall be entitled to charge interest on all late payments.
4. DELIVERIES, COLLECTION AND RISK
. 4.1 In cases of Dry Hire, all risk of loss, damage or destruction of the Equipment shall pass to the Hirer upon collection of the Equipment from Show Light. In all other cases risk of loss, damage or destruction of the Equipment shall pass to the Hirer upon delivery.
. 4.2 Where the Services to be provided by Show Light do not include the operation of the Equipment by Show Light, Show Light will, if required, demonstrate the manner of assembly and operation of the Equipment to the person collecting the Equipment or taking delivery of the Equipment, as the case may be. If any further instruction, assistance or guidance is required by the Hirer in regard to the assembly and operation of the Equipment, Show Light reserves the right to charge a fee for the provision of such assistance, advice or guidance.
. 4.3 Prior to collection or delivery of the Equipment, Show Light will test the Equipment to confirm that it is in good working order and condition. The Hirer may, at its election and request, arrange for a representative to be present at the date and time of such testing.
. 4.4 Show Light shall be entitled to search any vehicles used by the Hirer for collecting the Equipment before they enter or leave Show Light’s premises, and in addition, Show Light shall be entitled to search any of the Hirer’s personnel or any sub-contractor, representative or agent of the Hirer while on the premises. The Hirer undertakes to inform its personnel, subcontractors, representatives or agents of this clause.
. 4.5 In cases of Dry Hire, Show Light reserves the right to inspect any vehicles which will be used for transporting the Equipment. Where such vehicles do not permit the transport of the Equipment in the protective racks in which that Equipment is supplied, or where the means of transport is reasonably likely to result in harm or damage to the Equipment, Show Light reserves the right to withhold the Equipment from the Hirer, without penalty or liability and without limiting Show Light’s right to recover from the Hirer the full payment as set out in the quotation, until such time as alternative transport arrangements to the reasonable satisfaction of Show Light are made.
. 4.6 Any Services which Show Light is called upon by Hirer to provide and which are not listed in the Delivery Note may, at Show Light election, incur additional costs. In such cases Show Light will be entitled to charge the Hirer for such Services at a price to be agreed between the parties, alternatively at Show Light’s usual price for such Equipment and Services.
. 4.7 The Hirer shall not remove the Equipment from South Africa without Show Light’s prior written consent.
. 4.8 The Hirer will notify Show Light as soon as reasonably possible in the event of any loss of possession or control of Equipment by the Hirer and in the event of any judicial attachment of any Equipment.
4.9. POWER FAILURE - In the event of a power failure where Show Light are unable to perform the service as quoted, the client will be responsible for full payment, as quoted, without any compensation or discounts from Show Light.
4.10 DAMAGE AND LOSSES - Should any damage or losses occur to our equipment / vehicle(s) at your event, you will be liable for the payment. (This will however not apply in instances where Show Light’s employees cause the damages).
. 4.11 BAD WEATHER - In the event of "bad weather" where Show Light are unable to perform the service as quoted or where the client cancels or postpones the event, the client will be responsible for full payment, as quoted, without any compensation or discount from Show Light.
. 4.12. LIABILITY - Show Light accepts no responsibility for any loss, damage, Acts of God, inconvenience, etc. that may take place at your event. Show Light will do everything possible to ensure safety and quality at all times at the event(s). Show Light will accept no responsibility for any equipment failure caused by any party other than employees of Show Light. Show Light reserve the right to withhold equipment usage if it is the best interest of public safety as well as in adverse weather conditions. In the case of adverse weather conditions, if the Client insists on using the equipment, the Client will be liable for any loss or damages to equipment.
5. SUB-CONTRACTORS Show Light shall in its sole discretion and without the consent of the Hirer be entitled to employ sub-contractors to carry out any of Show Light’s obligations in terms of these terms and conditions.
6. MAINTENANCE OF EQUIPMENT
6.1 The Hirer shall:
. 6.1.1 keep and maintain the Equipment in good order and repair at all times;
. 6.1.2 not use the Equipment for any purpose other than that for which it was designed to be used and hired; and
. 6.1.3 shall not alter or in any way tamper with the Equipment and shall only allow authorized representatives of Show Light to repair, disassemble or modify the Equipment.
6.2 No person shall remove any Equipment from its designated protective rack without the prior agreement of Show Light.
7. VENUE WHERE THE EQUIPMENT IS HELD
. 7.1 The Hirer shall inform Show Light of the address of the premises where Equipment is to be used or held and, on request, shall provide Show Light with the name and contact details of the owner of the premises.
. 7.2 Show Light has the right to inform the owner of any such premises that Equipment held on the premises is owned by Show Light and is not the property of the Hirer and Show Light reserves the right to obtain a written acknowledgement from the owner of premises to this effect.
7.3 SAFETY & SECURITY - Secure and safe parking for our Crew Vehicle(s) with equipment must be provided for at the arranged accommodation or where any of our vehicles have to stand at the event itself. A safe and secure working environment must be provided for by the client for our staff.
7.4 Outdoor Events - The customer must provide overnight security at the event terrain by a trusted security company.
7.5 Indoor Events - The customer is responsible to ensure that the event building is securely locked and that the alarm is switched on at all times when one of the Show Light staff are not present. Any losses or damage are at the expense of the client.
7.6. ENTRANCE TO EVENT PREMISES - Show Light must be granted full access to event premises.
7.7 CREW - The client is responsible for ensuring that our crew has access to clean drinking water and clean toilets from arrival at event until completion of their work.
7.8 MIXING AREA (Performance Sound) - The mixing area must be in the FOH Listening field and the Band / Loudspeakers must be in view of the engineer.
7.9 Clearance/ Safety Certificates - Clearance/Safety Certificates for Electricity, Staging and Trussing is not included in the quotation if not specified. It will only be quoted if requested by the client as 3rd Party suppliers issue it.
8. THEFT OF OR DAMAGE TO THE EQUIPMENT
. 8.1 The Hirer shall notify Show Light as soon as reasonably possible of any loss of, damage to, theft of, failure in or other such harm to the Equipment.
. 8.2 Should the Equipment be lost, stolen or damaged in any way Show Light shall be entitled, without prejudice to any other rights, to terminate this agreement.
. 8.3 The Hirer shall be responsible for any damage, harm, loss of, theft of or destruction of the Equipment during the period of Hire.
. 8.4 The Hirer shall not be responsible for any damage, harm, loss of, theft of or destruction of the Equipment during the periods of time during the period of Hire when the Equipment is under Show Light control or possession unless such damage, harm, loss of, theft of or destruction of the Equipment is caused by maliciousness or negligence on the part of any artist public and/or the Hirer.
. 8.5 In the event that the Hirer identifies any damages or faults on the Equipment after delivery by Show Light or collection from Show Light, the Hirer will notify Show Light of such damage or fault immediately and shall not use the Equipment until given permission to do so.
9. CESSION AND ASSIGNMENT
. 9.1 The Equipment is the property of Show Light. The Hirer has no right, title or interest in the Equipment except that it is Hired to the Hirer.
. 9.2 The Hirer shall not cede, assign, make over or alienate its obligations or any of its rights granted herein without the prior consent of Show Light, which consent shall not be unreasonably withheld.
. 9.3 The Hirer shall not sub-let or surrender the Equipment to any third party in any manner.
10. ACCESS TO EQUIPMENT
. 10.1 Show Light reserves the right of access to the Equipment at all reasonable times for the duration of this agreement, either personally or through its appointed agents or representatives, for the purpose of inspecting or repairing or replacing any part or parts of the Equipment.
. 10.2 Should the Equipment be located on premises which are not owned by Show Light, the Hirer undertakes to do all such things as may be necessary to enable Show Light to obtain access to the Equipment.
11. EXCLUSION OF LIABILITY
11.1 In no event shall Show Light be liable for any loss, damage or injury which may be sustained by the Hirer or any third party for any reason whatsoever and howsoever caused. In particular, Show Light shall not be liable for damages arising from:
. 11.1.1 failure to deliver Equipment timeously in circumstances where such failure arises from factors beyond Show Light’s control and where Show Light has taken reasonable steps to inform the Hirer of the failure as soon as reasonably possible in the circumstances;
. 11.1.2 electrical failure of the Equipment;
. 11.1.3 lack of an electrical power source at the premises where the Services or the Equipment are employed;
. 11.1.4 incompatibility of the Equipment with any third-party equipment or systems where compatibility was not specifically required by the Hirer and communicated to Show Light;
. 11.1.5 damage to the Equipment caused by the performing artist, members of the public, the Hirer, any sub-contractor of the Hirer and other persons not in the employ of Show Light;
. 11.1.6 confiscation of the Equipment by or delays in the performance of Services caused by government officials including police officers, customs officials and immigration officials;
. 11.1.7 the inability of Show Light or their sub-contractors to gain timeous entry into the premises where the Equipment is to be delivered or the Services provided;
. 11.1.8 Show Light’s inability to perform under these terms and conditions due to contingencies beyond its control, including but not limited to acts of God, flood, wars, civil unrest, sabotage, hijackings, Labour disputes or strikes or shortages, government laws, ordinances, rules and regulations and accidents of any kind; or
. 11.1.9 damage or injury, whether direct or indirect, of whatsoever nature to either person or property resulting from the use of the Equipment.
13. BREACH
Show Light may, in its sole and absolute discretion, terminate the Hire and Services on written notice to the Hirer on the happening of any of the events in clause 11.1.
Without seeking to limit the ambit of the Act, the Hirer hereby holds harmless and indemnifies Show Light from all liabilities, costs and damages caused by or arising from Show Light carrying out any of its obligations in terms of this agreement.
The liability of each of the Parties for damages suffered by any other party to these terms and conditions as a result of a breach of any of the provisions of these terms and conditions, shall be limited to direct damages only, and shall exclude any liability for indirect or consequential losses.
LEGISLATION AND REGULATION
The Hirer shall, in the utilization of the Equipment in South Africa, conform to all legislation in force in South Africa and, where using Equipment outside of South Africa, shall conform to all applicable legislation of the country in which the Equipment is being used.
Show Light shall not be liable for the Hirer’s failure to comply with relevant legislation.
Where any payments owing by the Hirer to Show Light are not received on or before the due date for payment, or where any other term of these terms and conditions is breached by the Hirer, and such breach is not remedied within three business days of receipt by the Hirer of written notice to do so, then, in addition to any other rights it may have in law, Show Light shall be entitled to cancel the Services and claim from the Hirer any damages or payments that may be due to it. All Equipment owned by Show Light shall be returned to Show Light on demand.
14. LEGAL COSTS AND JURISDICTION
. 14.1 The Hirer agrees that it shall be liable for all legal costs incurred by Show Light, on the attorney and client scale, including collection commission and other charges, and any other damages suffered by Show Light as a result of the breach by the Hirer of any of these terms and conditions.
. 14.2 Show Light shall be entitled in its sole discretion, to institute legal proceedings against the Hirer arising from these terms and conditions at any Magistrate’s Court having jurisdiction, notwithstanding that the value of the claim in dispute may exceed the jurisdiction of the Magistrate’s Court.
15. CANCELLATION
15.1 Show Light may cancel the contract or any uncompleted part of it if the Hirer:
. 15.1.1 commits a breach of any of the terms or conditions of the contract; or
. 15.1.2 being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
. 15.1.3 being a partnership, the partnership is terminated; or
. 15.1.4 being a company, is placed under a provisional or final order of liquidation or judicial management; or
. 15.1.5 compromises or attempts to compromise generally with any of the Hirer’s creditors or
. 15.1.6 is left with no remedy consequent upon its contract with a third party being cancelled beyond its control.
. 15.2 Show Light’s rights in terms of 15.1 shall not be exhaustive and shall be in addition to its common law rights.
. 15.3 Failure by the Hirer to take delivery or collection of the Equipment or Services at the agreed time or at the agreed place will not relieve the Hirer of its obligations to Show Light in terms of this agreement.
16. GENERAL
. 16.1 No relaxation which Show Light may give at any time whatsoever in regard to the carrying out of any of the Hirer’s obligations in terms of these terms and conditions, shall prejudice any of Show Light’s rights, or be regarded as a waiver of any of Show Light’s rights in terms of these terms and conditions nor shall it constitute a novation.
. 16.2 These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
No warranty, representation, guarantee or undertaking implied or express and not contained in this agreement or reduced to writing and signed by both parties shall be binding upon Show Light.
The parties choose the following addresses as their domicilium citandi et executandi, for the purpose of service of all documents and processes arising here from:
Show Light: the address, which appears on the quotation form issued by Show Light to the Hirer unless stated otherwise.
The Hirer warrants that the person accepting delivery or taking collection of the Equipment from Show Light and any person who signs Show Light’s quotation or Delivery Note and any person who negotiates with and gives instructions to Show Light in regard to Services, Equipment, the acceptance of liability and the conclusion of agreements with Show Light is a nominated and authorized representative of the Hirer.
NB: Please accept these term & conditions by submitting your signed quotation.
1. DEFINITIONS
For the purposes of these terms and conditions, the following words shall have the following meaning
Assigned to them unless the context indicates otherwise:
. 1.1 “The Act” shall mean the Consumer Protection Act 68 of 2008;
. 1.2 “Delivery Note” shall mean the Equipment list provided by Show Light cc to the Hirer on or before collection or delivery of the Equipment;
. 1.3 “Dry Hire” shall mean the Services excluding the provision of any crewing, namely, the delivery, set-up, operation and/or removal of the Equipment by Show Light cc;
. 1.4 “Equipment” shall mean the sound equipment, the staging equipment, the audio visual equipment, the lighting equipment and any and all ancillary equipment hired by the Hirer;
. 1.5 “Hire” shall mean the renting of Equipment by a Hirer from Show Light cc;
. 1.6 “Hirer” shall mean the person, juristic or natural, contracting with Show Light cc;
. 1.7 “Services” shall mean the Hire of Equipment and the provision of a sound crew as well as, where applicable, the delivery, set-up, operation and removal of the Equipment by Show Light cc. Services shall include any other services specifically agreed to by Show Light cc and the Hirer in writing; and
. 1.8 “Show Light” shall mean Show Light cc, a company registered in accordance with the laws of South Africa under registration number 2007/066005/23.
2. ACCEPTANCE
. 2.1 Show Light agrees to supply the Hirer with the Equipment and the Services on the terms and conditions set out herein unless varied in writing and signed by a duly authorized representative of Show Light.
. 2.2 Where Show Light is unable to supply the Equipment specified in the Delivery Note or quotation, Show Light will provide the Hirer with alternative comparable Equipment capable of satisfying the Hirer’s request as recorded in the quotation.
THE HIRER’S ATTENTION IS SPECIFICALLY DIRECTED TO THE FOLLOWING CLAUSES IN THESE TERMS AND CONDITIONS: CLAUSES 4.1 AND 8.3 IN TERMS OF WHICH THE HIRER ACCEPTS THE RISK OF EQUIPMENT HIRED, CLAUSE 11 WHICH RECORDS THE LIMITS OF Show Light’s LIABILITY TO THE HIRER AND CLAUSES 16.3 AND 16.5 CONCERNING WARRANTIES BY THE HIRER.
3. HIRE CHARGES AND PAYMENT
. 3.1 Subject to the Act, the Equipment and Services shall be supplied at the prices specified in a quotation issued by Show Light to the Hirer.
. 3.2 The period during which Hire charges shall apply shall be the period stated in the Delivery Note.
. 3.3 All Hire charges and charges for Services which are due to Show Light shall be paid in full prior to the supply of the Equipment and the Services unless otherwise agreed in writing by Show Light and the Hirer.
. 3.4 Payment is regarded as having been made only when the Hire charges and/or any other amounts due to Show Light are reflected and cleared in Show Light’s account.
. 3.5 Show Light shall be entitled to charge interest on all late payments.
4. DELIVERIES, COLLECTION AND RISK
. 4.1 In cases of Dry Hire, all risk of loss, damage or destruction of the Equipment shall pass to the Hirer upon collection of the Equipment from Show Light. In all other cases risk of loss, damage or destruction of the Equipment shall pass to the Hirer upon delivery.
. 4.2 Where the Services to be provided by Show Light do not include the operation of the Equipment by Show Light, Show Light will, if required, demonstrate the manner of assembly and operation of the Equipment to the person collecting the Equipment or taking delivery of the Equipment, as the case may be. If any further instruction, assistance or guidance is required by the Hirer in regard to the assembly and operation of the Equipment, Show Light reserves the right to charge a fee for the provision of such assistance, advice or guidance.
. 4.3 Prior to collection or delivery of the Equipment, Show Light will test the Equipment to confirm that it is in good working order and condition. The Hirer may, at its election and request, arrange for a representative to be present at the date and time of such testing.
. 4.4 Show Light shall be entitled to search any vehicles used by the Hirer for collecting the Equipment before they enter or leave Show Light’s premises, and in addition, Show Light shall be entitled to search any of the Hirer’s personnel or any sub-contractor, representative or agent of the Hirer while on the premises. The Hirer undertakes to inform its personnel, subcontractors, representatives or agents of this clause.
. 4.5 In cases of Dry Hire, Show Light reserves the right to inspect any vehicles which will be used for transporting the Equipment. Where such vehicles do not permit the transport of the Equipment in the protective racks in which that Equipment is supplied, or where the means of transport is reasonably likely to result in harm or damage to the Equipment, Show Light reserves the right to withhold the Equipment from the Hirer, without penalty or liability and without limiting Show Light’s right to recover from the Hirer the full payment as set out in the quotation, until such time as alternative transport arrangements to the reasonable satisfaction of Show Light are made.
. 4.6 Any Services which Show Light is called upon by Hirer to provide and which are not listed in the Delivery Note may, at Show Light election, incur additional costs. In such cases Show Light will be entitled to charge the Hirer for such Services at a price to be agreed between the parties, alternatively at Show Light’s usual price for such Equipment and Services.
. 4.7 The Hirer shall not remove the Equipment from South Africa without Show Light’s prior written consent.
. 4.8 The Hirer will notify Show Light as soon as reasonably possible in the event of any loss of possession or control of Equipment by the Hirer and in the event of any judicial attachment of any Equipment.
4.9. POWER FAILURE - In the event of a power failure where Show Light are unable to perform the service as quoted, the client will be responsible for full payment, as quoted, without any compensation or discounts from Show Light.
4.10 DAMAGE AND LOSSES - Should any damage or losses occur to our equipment / vehicle(s) at your event, you will be liable for the payment. (This will however not apply in instances where Show Light’s employees cause the damages).
. 4.11 BAD WEATHER - In the event of "bad weather" where Show Light are unable to perform the service as quoted or where the client cancels or postpones the event, the client will be responsible for full payment, as quoted, without any compensation or discount from Show Light.
. 4.12. LIABILITY - Show Light accepts no responsibility for any loss, damage, Acts of God, inconvenience, etc. that may take place at your event. Show Light will do everything possible to ensure safety and quality at all times at the event(s). Show Light will accept no responsibility for any equipment failure caused by any party other than employees of Show Light. Show Light reserve the right to withhold equipment usage if it is the best interest of public safety as well as in adverse weather conditions. In the case of adverse weather conditions, if the Client insists on using the equipment, the Client will be liable for any loss or damages to equipment.
5. SUB-CONTRACTORS Show Light shall in its sole discretion and without the consent of the Hirer be entitled to employ sub-contractors to carry out any of Show Light’s obligations in terms of these terms and conditions.
6. MAINTENANCE OF EQUIPMENT
6.1 The Hirer shall:
. 6.1.1 keep and maintain the Equipment in good order and repair at all times;
. 6.1.2 not use the Equipment for any purpose other than that for which it was designed to be used and hired; and
. 6.1.3 shall not alter or in any way tamper with the Equipment and shall only allow authorized representatives of Show Light to repair, disassemble or modify the Equipment.
6.2 No person shall remove any Equipment from its designated protective rack without the prior agreement of Show Light.
7. VENUE WHERE THE EQUIPMENT IS HELD
. 7.1 The Hirer shall inform Show Light of the address of the premises where Equipment is to be used or held and, on request, shall provide Show Light with the name and contact details of the owner of the premises.
. 7.2 Show Light has the right to inform the owner of any such premises that Equipment held on the premises is owned by Show Light and is not the property of the Hirer and Show Light reserves the right to obtain a written acknowledgement from the owner of premises to this effect.
7.3 SAFETY & SECURITY - Secure and safe parking for our Crew Vehicle(s) with equipment must be provided for at the arranged accommodation or where any of our vehicles have to stand at the event itself. A safe and secure working environment must be provided for by the client for our staff.
7.4 Outdoor Events - The customer must provide overnight security at the event terrain by a trusted security company.
7.5 Indoor Events - The customer is responsible to ensure that the event building is securely locked and that the alarm is switched on at all times when one of the Show Light staff are not present. Any losses or damage are at the expense of the client.
7.6. ENTRANCE TO EVENT PREMISES - Show Light must be granted full access to event premises.
7.7 CREW - The client is responsible for ensuring that our crew has access to clean drinking water and clean toilets from arrival at event until completion of their work.
7.8 MIXING AREA (Performance Sound) - The mixing area must be in the FOH Listening field and the Band / Loudspeakers must be in view of the engineer.
7.9 Clearance/ Safety Certificates - Clearance/Safety Certificates for Electricity, Staging and Trussing is not included in the quotation if not specified. It will only be quoted if requested by the client as 3rd Party suppliers issue it.
8. THEFT OF OR DAMAGE TO THE EQUIPMENT
. 8.1 The Hirer shall notify Show Light as soon as reasonably possible of any loss of, damage to, theft of, failure in or other such harm to the Equipment.
. 8.2 Should the Equipment be lost, stolen or damaged in any way Show Light shall be entitled, without prejudice to any other rights, to terminate this agreement.
. 8.3 The Hirer shall be responsible for any damage, harm, loss of, theft of or destruction of the Equipment during the period of Hire.
. 8.4 The Hirer shall not be responsible for any damage, harm, loss of, theft of or destruction of the Equipment during the periods of time during the period of Hire when the Equipment is under Show Light control or possession unless such damage, harm, loss of, theft of or destruction of the Equipment is caused by maliciousness or negligence on the part of any artist public and/or the Hirer.
. 8.5 In the event that the Hirer identifies any damages or faults on the Equipment after delivery by Show Light or collection from Show Light, the Hirer will notify Show Light of such damage or fault immediately and shall not use the Equipment until given permission to do so.
9. CESSION AND ASSIGNMENT
. 9.1 The Equipment is the property of Show Light. The Hirer has no right, title or interest in the Equipment except that it is Hired to the Hirer.
. 9.2 The Hirer shall not cede, assign, make over or alienate its obligations or any of its rights granted herein without the prior consent of Show Light, which consent shall not be unreasonably withheld.
. 9.3 The Hirer shall not sub-let or surrender the Equipment to any third party in any manner.
10. ACCESS TO EQUIPMENT
. 10.1 Show Light reserves the right of access to the Equipment at all reasonable times for the duration of this agreement, either personally or through its appointed agents or representatives, for the purpose of inspecting or repairing or replacing any part or parts of the Equipment.
. 10.2 Should the Equipment be located on premises which are not owned by Show Light, the Hirer undertakes to do all such things as may be necessary to enable Show Light to obtain access to the Equipment.
11. EXCLUSION OF LIABILITY
11.1 In no event shall Show Light be liable for any loss, damage or injury which may be sustained by the Hirer or any third party for any reason whatsoever and howsoever caused. In particular, Show Light shall not be liable for damages arising from:
. 11.1.1 failure to deliver Equipment timeously in circumstances where such failure arises from factors beyond Show Light’s control and where Show Light has taken reasonable steps to inform the Hirer of the failure as soon as reasonably possible in the circumstances;
. 11.1.2 electrical failure of the Equipment;
. 11.1.3 lack of an electrical power source at the premises where the Services or the Equipment are employed;
. 11.1.4 incompatibility of the Equipment with any third-party equipment or systems where compatibility was not specifically required by the Hirer and communicated to Show Light;
. 11.1.5 damage to the Equipment caused by the performing artist, members of the public, the Hirer, any sub-contractor of the Hirer and other persons not in the employ of Show Light;
. 11.1.6 confiscation of the Equipment by or delays in the performance of Services caused by government officials including police officers, customs officials and immigration officials;
. 11.1.7 the inability of Show Light or their sub-contractors to gain timeous entry into the premises where the Equipment is to be delivered or the Services provided;
. 11.1.8 Show Light’s inability to perform under these terms and conditions due to contingencies beyond its control, including but not limited to acts of God, flood, wars, civil unrest, sabotage, hijackings, Labour disputes or strikes or shortages, government laws, ordinances, rules and regulations and accidents of any kind; or
. 11.1.9 damage or injury, whether direct or indirect, of whatsoever nature to either person or property resulting from the use of the Equipment.
13. BREACH
Show Light may, in its sole and absolute discretion, terminate the Hire and Services on written notice to the Hirer on the happening of any of the events in clause 11.1.
Without seeking to limit the ambit of the Act, the Hirer hereby holds harmless and indemnifies Show Light from all liabilities, costs and damages caused by or arising from Show Light carrying out any of its obligations in terms of this agreement.
The liability of each of the Parties for damages suffered by any other party to these terms and conditions as a result of a breach of any of the provisions of these terms and conditions, shall be limited to direct damages only, and shall exclude any liability for indirect or consequential losses.
LEGISLATION AND REGULATION
The Hirer shall, in the utilization of the Equipment in South Africa, conform to all legislation in force in South Africa and, where using Equipment outside of South Africa, shall conform to all applicable legislation of the country in which the Equipment is being used.
Show Light shall not be liable for the Hirer’s failure to comply with relevant legislation.
Where any payments owing by the Hirer to Show Light are not received on or before the due date for payment, or where any other term of these terms and conditions is breached by the Hirer, and such breach is not remedied within three business days of receipt by the Hirer of written notice to do so, then, in addition to any other rights it may have in law, Show Light shall be entitled to cancel the Services and claim from the Hirer any damages or payments that may be due to it. All Equipment owned by Show Light shall be returned to Show Light on demand.
14. LEGAL COSTS AND JURISDICTION
. 14.1 The Hirer agrees that it shall be liable for all legal costs incurred by Show Light, on the attorney and client scale, including collection commission and other charges, and any other damages suffered by Show Light as a result of the breach by the Hirer of any of these terms and conditions.
. 14.2 Show Light shall be entitled in its sole discretion, to institute legal proceedings against the Hirer arising from these terms and conditions at any Magistrate’s Court having jurisdiction, notwithstanding that the value of the claim in dispute may exceed the jurisdiction of the Magistrate’s Court.
15. CANCELLATION
15.1 Show Light may cancel the contract or any uncompleted part of it if the Hirer:
. 15.1.1 commits a breach of any of the terms or conditions of the contract; or
. 15.1.2 being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
. 15.1.3 being a partnership, the partnership is terminated; or
. 15.1.4 being a company, is placed under a provisional or final order of liquidation or judicial management; or
. 15.1.5 compromises or attempts to compromise generally with any of the Hirer’s creditors or
. 15.1.6 is left with no remedy consequent upon its contract with a third party being cancelled beyond its control.
. 15.2 Show Light’s rights in terms of 15.1 shall not be exhaustive and shall be in addition to its common law rights.
. 15.3 Failure by the Hirer to take delivery or collection of the Equipment or Services at the agreed time or at the agreed place will not relieve the Hirer of its obligations to Show Light in terms of this agreement.
16. GENERAL
. 16.1 No relaxation which Show Light may give at any time whatsoever in regard to the carrying out of any of the Hirer’s obligations in terms of these terms and conditions, shall prejudice any of Show Light’s rights, or be regarded as a waiver of any of Show Light’s rights in terms of these terms and conditions nor shall it constitute a novation.
. 16.2 These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
No warranty, representation, guarantee or undertaking implied or express and not contained in this agreement or reduced to writing and signed by both parties shall be binding upon Show Light.
The parties choose the following addresses as their domicilium citandi et executandi, for the purpose of service of all documents and processes arising here from:
Show Light: the address, which appears on the quotation form issued by Show Light to the Hirer unless stated otherwise.
The Hirer warrants that the person accepting delivery or taking collection of the Equipment from Show Light and any person who signs Show Light’s quotation or Delivery Note and any person who negotiates with and gives instructions to Show Light in regard to Services, Equipment, the acceptance of liability and the conclusion of agreements with Show Light is a nominated and authorized representative of the Hirer.
NB: Please accept these term & conditions by submitting your signed quotation.
