PRo Sound Productions Pty Ltd - Terms and Conditions
(All T&C's herewithin Unless otherwise negotiated)
SECTION A - Standard T&C's
SECTION B - A/V Production/Rental T&C's
SECTION C - Installation/Construction T&C's
SECTION A
- GENERAL
These Standard Terms and Conditions of Sale (“the Conditions”) apply to any sale of items, equipment or services of PSP or, where a quotation is made, shall form part of that quotation. PSP may vary the Conditions from time to time, and the Conditions as varied shall be published on the PSP website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions. No variation or cancellation of any of the Conditions shall be binding on PSP unless agreed by a responsible officer of PSP in writing. No agent or representative has the authority to waive or alter the Conditions. The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with PSP by telephone, email, in writing or by facsimile transmission.
- PRECEDENCE
In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by PSP in writing. If any Condition is contrary to or excluded by the law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected
- ACCEPTANCE
A quotation is not to be constructed as an offer or obligation to sell and PSP reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case PSP shall be under no obligation inrespect of such order.
- PRICES
All Prices on the site are listed in Australian Dollars. All prices are subject to change without notice and orders are accepted by PSP on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavor will be made to give 30 days’ notice of any increases. All prices shown in the published catalogues or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices. A quotation includes only such goods as are specified therein. PSP reserves the right to cancel any sale where goods offered ex stock have been previously sold or otherwise committed. A $20 surcharge may apply at the discretion of PSP if an order value is less than $100.
- TERMS-OF-PAYMENT
The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to PSP thirty (30) days from the end of the month of purchase, unless agreed in writing by PSP.
- DELIVERY
PSP will endeavor to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services. PSP will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services. The delivery period quoted commences from the date PSP receives sufficient information to proceed with the supply of from the date PSP receives the purchaser’s written order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order.
- GOODS-RETURNED-FOR-CREDIT
Goods will not be accepted for credit without prior approval from PSP’s personnel. In the case of the return of buy-ins against the purchaser’s order, credit will only be allowed if the original manufacturer/supplier also accepts the return. All goods returned should be in their original containers and should not be shop soiled, obsolete or shop damaged. All such goods may be rejected or credited at a reduced rate. Cut lengths of audio cable will not be accepted for return under any circumstances. No claim will be recognized unless such claim is made within seven (7) days of delivery and in every case the original invoice number and date must be quoted. All goods approved for return shall be returned freight pre-paid and may be subject to a 15% restocking charge.
- CANCELLATION
Any order may, at the option of PSP, be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser or the purchaser’s credit worthiness or credit standing alters, in the opinion of PSP, from that disclosed in its application for credit.
- VARIATION
A variation or cancellation of any order by the purchaser is subject to acceptance by PSP of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies PSP against any loss or damage as a result of such variation or cancellation.
- WARRANTIES-LIMITED
PSP warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s warranty and PSP does not, unless specifically required by law, give any warranty beyond the manufacturer’s warranty, and in no event shall PSP be liable either under stature, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.
- INSPECTION
The purchaser has seven (7) days from the date of delivery of the goods within which to provide PSP with written noticed of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated time period then PSP shall be deemed to have complied the purchaser’s order in all respects including delivery, quality and quantity.
- PACKING,-DAMAGE-OR-LOSS-IN-TRANSIT
PSP uses every care in packaging but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by PSP and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to PSP after forty eight (48) hours of such inspection, and while PSP shall endeavor to rectify any shortage as soon as practicable after receipt of any claim, it shall not be in respect of such rectification.
- PURCHASER’S-SPECIFICATIONS
PSP shall be under no obligation to comply with any specification or drawing referred to in any order such specifications or drawings have been produced to PSP prior to delivery of goods and signed by PSP. Otherwise PSP does not warrant nor represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of PSP in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.
- RISK
All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by PSP for delivery to the purchaser and the purchaser shall be responsible for insuring the goods in transit.
- CREDIT
PSP may at any time suspend or vary any credit extended to the purchaser or without the delivery of goods or services already ordered as PSP in its sole and absolute discretion determines.
- DEFAULT-OF-PURCHASER
The purchaser expressly agrees that if the purchaser fails to pay PSP the invoiced price of any goods and services by the due date for payment, the PSP:
- shall have the immediate right to bring an action against the purchaser for payment of the invoice price of the said goods and services, notwithstanding that ownership and property in the said goods and services shall not have passed to the customer;
- may refuse to supply any other goods and services to the purchaser;
- may claim the return of any goods in the permission where title in such goods has not passed to the purchaser;
- may determine the contract and/or suspend manufacture or delivery, installation, commissioning or testing of any goods then outstanding;
- may retain any security given or money paid by the purchaser or available through enforcement of guarantee or security bonds lodged and may apply such security or money against the loss and damages incurred by the failure of the purchaser to pay;
- may withdraw or vary any credit extended to the purchaser without notice to the purchaser;
- may without notice make all moneys owing by the purchaser to PSP on any account immediately due and payable;
- may take such steps as it deems necessary to mitigate any damage suffered including the putting to use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the purchaser; and
- may charge interest on overdue accounts at the rate not exceeding the standard overdraft rate offered by the ANZ bank of Australia on the day of calculation
- RETENTION-OF-TITLE
- The legal and equitable title in the goods will only pass to the purchaser when all money’s owing by the purchaser to PSP on any account whatsoever have been paid in full.
- Until such payment in full, the purchaser acknowledges that the goods are held by the purchaser as bailee for PSP and that a fiduciary relationship exists between PSP and the purchaser in relation to the goods, which must be stored separately as a fiduciary of PSP in good condition and in such a way which clearly indicates the ownership of PSP in the goods.
- While PSP retains title in the goods the purchaser shall not bail, pledge, mortgage, charge, obtain or grant a lien over, lease or assign by any other way the goods or any security in the goods.
- The purchaser irrevocably authorizes PSP by its servants or agents to enter upon any site where the goods are located to take possession of the goods without any prior notice or for any purpose connected with or in relation to the protection or enforcement of the rights to the goods and indemnifies PSP against any loss or liability arising from the exercise of its rights to so enter and to take possession of the goods.
- The purchaser shall be liable for the payment of all costs, charges and expenses incurred by PSP on a full indemnity basis (including legal costs, repossession costs and the cost of any mercantile agent) in the recovery or attempted recovery of the goods or of any moneys owing by the purchaser to PSP or in the protection or enforcement of its rights in relation to the goods.
- To secure payment of all moneys which may become payable by the purchaser to PSP on any account whatsoever the purchaser hereby charges with the due payment of all moneys payable by the purchaser to PSP all of the purchaser’s beneficial interests in freehold or leasehold property held by it now or in the future as security for payment of all and any moneys payable by the purchaser to PSP and consents to PSP lodging a caveat or caveats noting its interest in such property, and upon demand by PSP the purchaser agrees to immediately execute a mortgage or other instrument in terms satisfactory to PSP to further secure payment of such moneys. The purchaser hereby and by way of security irrevocably appoints every officer and legal practitioner of PSP jointly and each of them severally as the purchaser’s lawful attorney with the power and for the purpose of executing (including as a deed) a mortgage or other instrument of security in any form as determined by such attorney over any real property of the purchaser to secure such moneys.
- SSL
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
All transactions are performed under 128 Bit SSL Certificate
- DISPUTES
If the purchaser disputes any charge appearing on an invoice then the purchaser shall give written notice of such dispute to PSP immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.
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SECTION B - Terms and Conditions for A/V Production Rental of Equipment:
1 PARTIES CONCERNED
The lessor is Clifton Perth Unit Trust, t/a EventEx. The lessee is as described in this agreement and is referred to as The Hirer.
The hirer certifies that all the company personal details supplied are currently true and correct.
2 AGREEMENT
The lessor lets to the hirer the equipment described within this agreement on the terms set out within this document, and only
for the period stipulated within this agreement, and only at the address mentioned within this contract. The equipment shall at
all times remain the sole property of the lessor and is never sold. Labour charges quoted are an estimate only and any additional
hours will be charged for accordingly. Labour out of quoted hours will be charged at a higher rate of $65 per hour.
3 PAYMENTS / DEPOSIT
As a booking confirmation, the hirer shall pay to the lessor a non-refundable deposit as indicated in this agreement, to secure
the services/equipment in mention. Orders cannot be confirmed until all stipulated charges have been paid as agreed upon.
Any Payment received 14 days after invoice date will result in the loss of any discount, as previously quoted or assigned to the
hirers account. Any payments made later than 14 days will incur a charge of 10% p.a. interest on the total bill.
4 RENTALS
Quotes are based on information provided by the hirer. EventEx reserves the right to revise all prices should there be any
reservations to quantity, product or venue and/or artists restrictions.
5 USE OF EQUIPMENT
The hirer acknowledges that the hirer is aware of the purpose for which the equipment was designed for and is aware of all
safety procedures required by any lawful authority, relating to the use of such equipment, and further acknowledges that the
equipment is used and operated solely by the hirer and that the effectiveness of what the hirer intended the equipment to be
used for is entirely the hirers responsibility. Further more no responsibility will be taken for the failure or success of an event
where the equipment is used.
THE HIRER AGREES THAT:
No unauthorized persons shall be allowed to operate the equipment. No food or drink shall be consumed in proximity to the
equipment at all times. The hirer shall ensure that access to any cables or electrical connections are restricted from persons
without the necessary authority. The hirer shall provide for electrical equipment a 240/415 volt supply, either single or three
phase as required, dedicated power supply, protected by a working earth leakage system to power equipment. The hirer will at
all times be responsible for power consumption charges if billed for, on events and/or exhibitions. The hirer shall under no
circumstances attempt to repair, modify or alter any equipment, should it appear that these items are inoperative and in such an
event the hirer shall contact the lessor for assistance. The hirer shall at all times be liable for any loss, damages, replacement or
repair costs to any equipment used to complete the job at hand, where found to be negligent other than that of EventEx, or
labelled as an act of God. Any damage/faults found on equipment must be reported to EventEx immediately (Phone: +61 8 9371
6400) All signage, banners or artwork needs to be delivered a minimum of five days prior to installation. Additional charges may
apply for late changes. All banners and or equipment not supplied by EventEx should be insured by the exhibitor/hirer or
contractor, for loss or damage. No responsibility will be accepted by the lessor for property left in or close to equipment,
following closure of an event.
6 OPERATING INSTRUCTIONS
The hirer acknowledges that they understand the procedure to be adopted in erecting, operating and using the equipment when
‘dry-hiring’ and that the hirer knows and fully understands the procedures.
7 RETURNS
The hirer acknowledges that all equipment must be returned in a satisfactory condition by the time specified within this
agreement and that failure to comply will result in the lessor being unable to conclude rental agreements with other potential
hirers. The hirer agrees to compensate and pay the lessor for any loss of business in the event of the equipment being returned
after the specified time as well as if the equipment is in a defective or damaged condition, by paying to the lessor an amount
which would have been earned.
The lessor reserves the right to recover from the hirer, the repair cost or the full current replacement price of any equipment,
which may be lost or stolen while on the hirers’ event and/or in their possession. Furthermore it is the hirer’s responsibility for
the safe keeping and safety of the equipment while in their care, or on their event. The hirer will be responsible for 24hour onsite
security, where it is assumed and/or found to be an unsafe/unsecured venue and/or event.
8 INDEMNITY
The hirer indemnifies the lessor and the lessor’s associated companies/persons against all claims of whatever nature by any
person/organization, arising from the use or possession of the equipment. It is the hirers’ responsibility to take all necessary
steps to prevent injuries from occurring to any person or property during the contractual period. The Hirer hereby releases the
lessor (owner, company and staff, contractors) from, and agrees to indemnify the lessor in respect of any third party claims,
actions, suits, demands, cost and expenses for damage or injury to person or property arising directly or indirectly out of the hire
or use of the equipment within this agreement. The hirer will be held liable for any excess’s charged for by any insurance
companies, with regards to replacement or repair costs, not exceeding AU$10,000.
9 BREACH
If the hirer fails to comply with any terms of this agreement the lessor shall have the right to cancel this agreement and recover
possession of the equipment without prejudice to any claim for direct or indirect damages. Also, goods cancelled after delivery
will be charged for in full. All equipment or services cancelled within 48hours of job installation will be charged at 50% of the
total invoice.
10 WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties and no representations, warranties or other terms of
whatever nature not contained in this agreement have been made or agreed to.
11 WAIVER
No relaxation or indulgence granted by the lessor to the hirer shall in any way prejudice the lessor or be deemed to be a waiver of
the lessor’s rights in terms or this agreement.
12 JURISDICTION
The parties consent to the jurisdiction of the Magistrate’s or High Court in respect of any legal proceedings arising out of this
agreement.
13 LEGAL COSTS
The hirer agrees to pay all the lessor’s costs incurred, in regards to the recovering of property or monies owed, due to
consequences of the hirer’s breach of this agreement.
14 ADDRESSES FOR MARKETING/SERVICE OF NOTICES AND LEGAL PROCESS
The hirer hereby authorizes the selected address’s appearing on the face of this agreement as the address’s at which notices,
marketing and legal processes may be served.
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SECTION C - Terms and Conditions for Installations/Construction (In Partnership with iBuild Solutions:
OUR COMMITMENT TO YOU:
• Timely responses that are all documented.
No hidden costs, everything is included in your contract and agreed before we start insuring you have a fixed
price guarantee.
• We will issue you with a job schedule stating a guaranteed completion date that allows you to plan around the
works.
• We explain building terminology in laymen’s terms, to make it easy to understand.
You are never left waiting on a response; our representative will always respond to every communication within
1 working day.
• We will be there when we say we will and deliver over and above what you expect.
Work will be carried out in accordance with the Building Code of Australia, relevant local government
authorities, Australian standards and communications by the owner.
OUR GUARANTEES
• We guarantee a fixed price contract and completion date.
• We guarantee your moving in date on the day we start construction.
• We guarantee to deliver, On Time, On Budget & Defect Free.
LICENSES & ASSOCIATIONS
• Builder Reg No: 13593
• Association of Professional Builders
• Browz
• CM3
1.0 SPECIAL NOTES / EXCLUSIONS
(Unless otherwise specified in this quotation, no allowance has been made for the following items and therefore
become the clients / owner’s responsibility or additional costs may be incurred).
1.1 Location and relocation of existing services
1.2 Traffic control / traffic management plans / associated traffic control equipment
1.3 Imported fill
1.4 Removal of spoil from site
1.5 Removal of contaminated materials
1.6 All materials
1.7 Excavation in rock
1.8 Surveying and set out
1.9 Line marking
1.10 Dilapidation survey / report
1.11 Concrete testing if required
1.12 Pest control / termite protection
1.13 Client to provide area for concrete pump and truck washout if required
1.14 Materials and handling extra over to the contract will be charged at cost plus 15% plus GST
1.15 Day labour extra over to the contract will be charged at $75.00 per hour plus GST
1.16 Only damage to existing services due to negligence by ibuild Solutions will be covered by ibuild Solutions
1.17 All measurements are approximate.
2.0 CONDITIONS OF QUOTATION
2.1 Our quotation is subject to final approved drawings, final engineering report and information supplied.
2.2 Any changes to approved construction drawings, once our design work has commenced, may incur additional
costs.
3.0 CLIENTS RESPONSIBILITIES
3.1 Permission to possess and access site
3.2 Absolute adherence to ibuild Solutions health & safety policies& procedures
3.3 Timely responses to queries and site related issues, maximum 1 working day.
3.4 Adherence to payment Terms & Conditions
4.0 PAYMENT CONDITIONS
4.1 Terms of payment are seven (7) days from date of invoice
4.2 Claims will be issued under the Building & Construction Industry Security of Payments Act (1999) in the event of
payment not received by the due date
4.3 Deposit 10% will be required prior to work commencing to secure date, 80% will be required on the day drawings
are supplied with the final 10% due on satisfactory job completion.
4.4 All materials remain property of builder until full payment has been made on completion of work.
6.0 QUOTATION VALIDITY
Quotation valid for 30 days from date of Quotation
The Quote includes the scope tendered and is integral part of the contract. Anything not mentioned or detailed in this
document should not be taken into consideration
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