OUR TERMS AND CONDITIONS (legal)
1. Interpretation
1.1. “ET EVENTS” shall mean ET EVENTS (Pty) Limited, registration number 2012/18219865/07 1.2. “Client” shall mean the entity or person’s name appearing on the quotation as submitted by “ET EVENTS” 1.3. Reference to “equipment” and “services” shall mean the equipment and services listed in the quotation and supplied to Client in terms of this Agreement.
2. Quotations
2.1. All quotations are valid for 14 days from the date of quotation. 2.2. It is Client’s responsibility to check the quote and ensure that it is correct in all respects including venue, venue address or address, pax, dates and equipment specifications before signing and accepting the quote. 2.3. Equipment is subject to availability and is handled on a first come first served basis. Quotations are subject to change if any sub-hiring is required in order to fulfill last minute requests.
3. Confirmations
3.1. A quotation will only be considered as confirmed when an official purchase order is received together with the “Acknowledgement of Acceptance” duly completed and signed by Client. Payment Terms apply as set out below. Payment Terms – Credit Customers Approved 3.2. Only Clients, who have been approved for Credit through a Credit Vetting Process by ET EVENTS, are Credit Approved Clients. All others will remain cash paying Clients. 3.3. The quotation and services actually provided shall be reconciled upon completion and a final invoice will be issued within 48 hours of the event. 3.4. At the end of the month the Client will receive a statement of invoices issued during the month which will be payable 30 days from statement date without deductions and free of any exchange. 3.5. ET EVENTS reserves the right to charge interest on late payments at a rate of 10% per month compounded monthly. 3.6. Any amount of any nature whatsoever due by the Client to ET EVENTS shall be proved by way of a Certificate signed by the Directors of ET EVENTS, which Certificate shall constitute proof of the amount of the Client’s indebtedness. Payment Terms – Cash Client 3.7. A 50% deposit is required to confirm any equipment rental or personnel booking according to quote issued to Client. 3.8. The remaining 50% is due 7 days prior to the event as agreed. Delivery will not be expedited should this payment not have been made. If the necessary payments have not been made and as a result the event does not go ahead, the Client will be liable for the full quoted amount. 3.9. Equipment dry hires – Proof of payment of 100% as quoted, is required before collection of equipment will be allowed. If the necessary payment has not been made, the equipment will not be released to Client. 3.10. The quotation and the services actually provided shall be reconciled upon completion and a final invoice will be issued within 48 hours of the event. Any balance owing is payable on presentation without deductions and free of any exchange. 3.11. ET EVENTS reserves the right to charge interest on late and outstanding payments at a rate of 10% per month compounded monthly. 3.12. Any amount of whatsoever nature due by the Client to ET EVENTS shall be proved by way of a Certificate signed by the Directors of ET EVENTS, which Certificate shall constitute proof of the amount of the Client’s indebtedness. 3.13. Only Clients who have been approved for Credit through a Credit Vetting Process by ET EVENTS are Credit Approved Clients. All others will remain cash paying clients
4. Equipment
4.1. Equipment is provided on a daily rental basis and will be delivered in good and serviceable working order with the required cabling for appropriate connection to the site’s available power facilities at a time required by Client and as confirmed on the signed acceptance of quote. 4.2. Additional equipment requested by Client on site that does not appear on the accepted and signed off quote, will be charged for. Transport costs to collect such equipment from ET EVENTS’s warehouse for delivery to the venue will be charged at our normal transport rates. 4.3. Additional equipment requested by Client on site is subject to availability. 4.4. All connections shall conform to legislated electrical standards and where three phase distribution is used, an electrical Certificate of Compliance will be provided by Client. Where a Certificate of Compliance (COC) is not provided by Client then ET EVENTS will arrange for an independent and sub contracted duly authorized individual to provide same at a fee as charged for on quote. 4.5. ET EVENTS will at all times strictly comply and adhere to standards as laid down by the Occupational Health and Safety Act of South Africa. 4.6. Once installed, Client may not under any circumstances remove, reposition, relocate or re-calibrate any of the equipment that has been rented from ET EVENTS unless agreed by ET EVENTS or its duly authorized representative in writing. 4.7. Should adverse weather conditions such as rain, heavy winds, etc. prevail, which would result in damage to equipment, ET EVENTS reserves the right to make the decision as to whether the equipment should be operated or not. Should Client insist that ET EVENTS continue to operate equipment, Client will be liable for any equipment damaged. However, ET EVENTS reserves the right to make the final call. 4.8. Formats of AV content and compatibility with playback equipment should be verified before the event as media formats differ. Content is required by our senior technicians 48 hours prior to set up to enable all checks. ET EVENTS will not be held responsible for AV malfunctions due to last minute footage being supplied or edited on site.
5. Drawings and Floor plans
5.1. Should Client request a floor plan, one will be provided free of charge with one free change. Thereafter any additional changes will be charged out at an hourly rate as defined by ET EVENTS. ET EVENTS undertakes to provide an artist’s impression design only on events where ET EVENTS is the full technical supplier.
6. Personnel
6.1. ET EVENTS will provide competent technical personnel to install commission and operate the equipment at a stipulated daily fee as per quote. 6.2. Personnel are supplied within the stipulations laid down by the South African Department of Labour and personnel shall be afforded all rights regarding work periods, meal breaks and overtime. 6.3. Rates for Personnel are quoted on daily rate that take into account the anticipated event requirements regarding hours of work. 6.4. Should any work period require extension due to on-site circumstances outside of ET EVENTS’s control which affects ET EVENTS’s ability to complete the required scope of work in the allocated time, ET EVENTS reserves the right to charge Client overtime for Its employees. 6.5. Personnel per diems appears as “Crew Allowances” on ET EVENTS’s quotation. If removed from the quote by the Client, then meals and refreshments for personnel in accordance with Labour Legislation shall be provided for by Client for the duration of load-in, the event itself and load-out, regardless of region, including Johannesburg. Should meals and refreshments not be provided, Client will be invoiced at a rate of R200.00 per crew member per meal. 6.6. A meal and break is required for every five hours worked. 6.7. The client is responsible for ensuring that ET EVENTS’s crews have access to water and clean toilet facilities from the start of the load in until the completion of the load out.
7. Power Supply
7.1. It is the Client’s responsibility to ensure that adequate power supply is made available on-site for said event. Should adequate power supply not be made available, ET EVENTS cannot be held liable for equipment failure or non- performance of equipment of any nature arising due to shortcomings in the availability of stable and appropriate power supply. 7.2. Any and all costs associated with upgrading of power shall be invoiced to the Client at ET EVENTS’s normal markup on sub contracted equipment. Transport costs relating to this will be for Client’s account and will be charged to Client at ET EVENTS’s normal transport rates as per the signed acceptance of the quote.
8. Client Obligations
8.1. It is Client’s responsibility on acceptance of ET EVENTS’s quote, to ensure that addresses of venues, setup dates and times, rehearsal dates and times, event dates and equipment 8.2. It is Client’s responsibility on acceptance of ET EVENTS’s quote, to ensure that equipment specifications are correct. 8.3. ET EVENTS undertakes to ensure that equipment for the said event is delivered and installed on site at specified times stipulated by Client as per signed Acknowledgement of Acceptance. Client undertakes to provide timeous access to the said site for such installation. If timeous access as agreed is not provided for or should Access to the venue be delayed by Client or by venue personnel, or for any other reason beyond ET EVENTS’s control, ET EVENTS, in such circumstances, will in no way whatsoever acknowledge any liability which may result in the event being jeopardized, delayed or is cancelled. Client will be liable for the full quoted amount. 8.4. Client shall provide 24 hours continuous security for equipment as supplied by ET EVENTS. The cost of such security is entirely for Client’s account. Client shall be responsible for any loss or damage incurred due to theft or any other incidents outside of ET EVENTS’s direct control, to ET EVENTS’s equipment after erection and installation on site until the equipment is removed by ET EVENTS. 8.5. The Client is responsible for all losses and breakages of equipment arising through incorrect operation or negligence of the equipment by Client themselves, its agents or any other party not in ET EVENTS’s direct employ. 8.6. The Client warrants that all relevant permits and permissions necessary to hold an event are obtained and granted by relevant authorities. Client furthermore confirms that ET EVENTS will in no way be responsible to apply or obtain any permit or permission from any authority or person whatsoever in order for it to comply with its obligations in terms of this Agreement. Should the necessary permits and permission not have been granted, resulting in the event not taking place, the Client will be liable to pay the full quoted amount as confirmed on the signed acceptance of quotation. 8.7. Client to ensure that Certificates of Compliance (Electrical or Structural) are obtained if needed, prior to the event. ET EVENTS is able to provide these on behalf of the client rates specified in the quote. 8.8. If the event requires rigging, Client will provide a qualified Medic on site from start of load in to completion of load out. 8.9. Prior to the event, ET EVENTS insists on full scheduled technical rehearsals and cue to cue runs with the show Director. 8.10. Client will be responsible for any amounts charged due to changes in flights, accommodation and/or car hire as a result of requests by Client or as a result of circumstances beyond ET EVENTS’s control.
9. Non Delivery and Equipment Failure
9.1. In the event of equipment failure, ET EVENTS shall within a reasonable period, repair or replace any failed equipment/components or items. 9.2. ET EVENTS cannot be held liable for damages arising out of the failure of equipment which is not due to negligence on ET EVENTS’s part. 9.3. This includes but is not limited to the incorrect operation of supplied equipment by the Client, it’s agents, any third party or ET EVENTS personnel. 9.4. ET EVENTS cannot be held responsible for failures or non-delivery of equipment or services due to circumstances arising which are out of ET EVENTS’s control or that arise through no fault of ET EVENTS. 9.5. This includes but is not limited to shortcomings on power availability on site and the prevention of free access to the site in the agreed set up periods in order to complete the required work on schedule. 9.6. Sets: These terms relate to the set portion of the quotation (if applicable) 9.7. In the event of adverse weather conditions, ET EVENTS, in collusion with Client, will make the decision as to whether the set should be erected or not. Should Client insist that the set is erected and show should continue, Client hereby indemnifies ET EVENTS with regards to any damage whatsoever that may occur to the set and items of the set. The final decision however, remains that of ET EVENTS. 9.8. ET EVENTS will only store a set or set items for a period of seven (7) days after an event. In the event of the Client requiring ET EVENTS to store the set or set items for a period longer that seven (7) days, ET EVENTS must be notified in writing before the confirmation and acceptance of the quotation and all cost relating to relating to the storage will be for Client’s account. 9.9. In the event of Client wanting to own the set or items of the set after the event, Client is required to notify ET EVENTS in writing at quoting stage. All such sets and set items will remain the property of ET EVENTS until the account is paid by Client in full. All quotations are only valid for fourteen (14) days after the quote date stated on the quotation.
10. Breach / Cancellation
10.1. Should the client fail, refuse or neglect to make payment of any amounts due and payable in terms of the accepted quotation, ET EVENTS will be entitled, in addition to any other rights or remedies it might have in law, to:- 10.1.1 Immediately cancel the Agreement on written notice; 10.1.2 Remove its equipment without hindrance, and 10.1.3 Institute an action for damages. 10.2. If this Agreement is cancelled by Client for any reason whatsoever, less than seven (7) calendar days prior to the booked date, 100% of contract value is payable by Client to ET EVENTS. 10.3. Any charges for specific custom manufactured or procured items to which ET EVENTS is committed at the time of cancellation shall be charged in full. 10.4. 50% Cancellation fee will be applicable for cancellations made within 7 (seven) days of the event. 10.5. 100% Cancellation fee will be applicable for cancellations made within 72 (seventy two) hours of the event.
11. Warranties and Indemnities
11.1. No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise or whether they induced the contract or not, which are not set forth in this Agreement, shall be binding on ET EVENTS, the Client irrevocably waiving any right it may have to rely thereon. 11.2. The parties agree that ET EVENTS shall have no liability in respect of any injury, loss or damage (direct/indirect or consequential) arising out of the use of, or inability to use, any of the equipment and services. ET EVENTS shall only be liable for any direct injury, loss or damage if such occurrence is due to ET EVENTS’s gross negligence provided that ET EVENTS shall not be liable for any indirect, special or consequential loss, expense or damage. For the purpose hereof, any reference to ET EVENTS shall include its servants, agents or contractors or any other person for whose acts or omissions ET EVENTS may be liable in law. 11.3. The Client shall have no claim of any nature whatsoever for damages, or omissions of the contract price, cancellations or otherwise, against ET EVENTS, its servants, agents or others on whose behalf ET EVENTS will be liable, in respect of any loss or damage sustained by the client of any nature whatsoever or any damage caused to the assets of the Client or assets kept on its premises by any third parties or in regard to the Client’s business or sustained by any of its customers, howsoever caused, (gross or otherwise), act or omission of ET EVENTS, its servants, agents or others from whom it may be liable in law.
12. Terms and Conditions to prevail
12.1. The terms and conditions contained in the quotation and herein, shall constitute the sole terms of the agreement between ET EVENTS and Client. 12.2. No amendment or consensual cancellation of the Agreement, extension of time, waiver or relaxation or suspension of any of the provisions or terms of the Agreement shall be binding on the parties unless recorded in writing and signed by an authorized representative of ET EVENTS.
13. Cession
13.1. Only ET EVENTS shall be entitled, without notice to Client, to cede and assign its rights and obligations which it may have in terms of this Agreement to any third party.
14. Legal Proceedings / Costs
14.1. Client shall be liable for all costs incurred by ET EVENTS in the recovery of any amounts or the enforcements of any rights which it has hereunder on an attorney and own client scale and costs of counsel as on brief or whether incurred counsel as on brief whether incurred legal proceedings or if judgment has been granted in connection with the enforcements of such judgment. 14.2. Client consents that ET EVENTS may sue in a Magistrate’s Court, even if its claim against the Client exceeds the jurisdiction of the Magistrate’s Court. 14.3. Whilst we hold comprehensive Insurance cover for Public Liability and Equipment Loss or Damage in the RSA, the Client remains liable for Insurance excess payments as stipulated by ET EVENTS’s Insurance Company at the time.
15. General
15.1. These terms and conditions will be governed by South African law. 15.2. The Client consents to ET EVENTS making inquiries about the Client’s credit record with any credit reference agency and any other party to confirm the details relevant to this Agreement. ET EVENTS may also provide credit reference agencies with regular updates regarding how you manage your account, including your failure to meet agreed terms and conditions. manage your account, including your failure to meet agreed terms and conditions. 15.3. All quotations and orders are subject to standard terms and conditions of business and can only be varied in writing by ET EVENTS. 15.4. Equipment availability can only be confirmed at the time of our receiving your Acknowledgement of Acceptance of this quotation. 15.5. ET EVENTS reserves the right to interrupt or cease set up, performance or load out in the event of adverse or inclement weather or any other conditions they deem hazardous to any person or persons. Any such interruption, postponement or cancellation of these services will not affect ET EVENTS’s compensation.
16. Addresses and Notices
16.1. The street address supplied by Client for quotation and order purposes, will be regarded as the Client’s chosen address where notice may be given and documents and legal proceedings may be served. 16.2. Client must notify ET EVENTS in writing immediately if it’s chosen address changes. 16.3. Any notice to ET EVENTS should be addressed to its head office 27 Sabierevier Street Norkem Park, 1631 , Gauteng, South Africa | Phone : Thabiso 0842030618 / Easy 0834730466