Terms and Conditions of Business

  1. ORDERS All orders must be confirmed in writing and unless otherwise agreed in writing. Orders shall be subject to these terms and conditions. Any terms and conditions on the customerís order which are inconsistent with these conditions shall have no effect unless agreed in writing. In the event of a customer cancelling an order with WhiteSound Audio, a fee not exceeding the total order value may be charged at the discretion of WhiteSound Audio.

  2. PRICES & SPECIFICATIONS WhiteSound Audio reserves the right to alter specifications, revise prices and withdraw products without prior notice. Prices of any contracts then in operation shall remain unaffected. Specifications, drawings and descriptions published by WhiteSound Audio are for guidance only and no responsibility will be accepted for the consequences of any mistake in such information. Goods sold are not supplied on a sale or return basis unless otherwise agreed in writing with the order. Hire charges commence from the time the goods are made available to the customer. Hire charges end on whichever is the later of the end of the agreed hire period or the time the goods are returned to WhiteSound Audio in the same condition in which they were taken, normal wear and tear excepted.

  3. PAYMENT Unless otherwise agreed in writing, payment shall be made in full by either cash or cheque on or before collection of equipment. With some orders a deposit may also be required on collection of the equipment.

  4. TITLE OF GOODS Hired goods remain the absolute property of WhiteSound Audio. Goods for sale remain the property of WhiteSound Audio until payment has been made in full.

  5. DESPATCH All times quoted for delivery of equipment are approximate and WhiteSound Audio shall not be liable for any delay in delivery however it is caused. The hirer shall conduct a reasonable inspection of equipment upon receipt. Should such inspection reveal damage to or loss of any equipment the hirer shall notify WhiteSound Audio and the carrier in writing within 3 days of receipt of goods. Damaged equipment may be retained by the hirer for inspection by the carrier provided that it is returned to WhiteSound Audio on demand. If the hirer fails to comply with this condition, the hirer shall pay, at the discretion of WhiteSound Audio, either the full repair or replacement cost of the equipment or the full hire rate until the equipment is returned.

  6. USE OF GOODS The hirer shall ensure that all equipment is installed and used by competent and where necessary qualified personnel in a manner which complies with any applicable statute, regulation or order. Hired equipment shall, at the hirerís expense, be kept clean and in good condition. Maintenance required due to fair wear and tear shall be carried out by WhiteSound Audio. No equipment hired may be modified or altered in any way. This includes changing of connectors and cutting of cables.

  7. LOSS DAMAGE AND INSURANCE Equipment lost or returned damaged shall be repaired or replaced at the hirers expense. It is the hirerís responsibility to insure all equipment from all risks during the hire period. Should there be any delay in payment for lost or damaged equipment, any costs incurred by WhiteSound Audio due to such delay may be charged to the hirer. The hirer shall be solely responsible for and hold WhiteSound Audio fully indemnified against all claims, losses, liabilities, proceedings, costs and expenses incurred by or brought against WhiteSound Audio as a result of any accident involving equipment supplied. WhiteSound Audio shall not be liable for the following loss or damage whatever the cause may be:-
    loss of profits, business, revenue, goodwill or anticipated savings whether sustained by the hirer or any other person;
    special, indirect or consequential loss other than direct physical damage to tangible property of the hirer or any other person;
    any loss arising from any claim made against WhiteSound Audio by any other person.

  8. TERMINATION WhiteSound Audio shall have the right to terminate a contract forthwith by giving notice in writing if the hirer:- fails to make payment of any sum in accordance with conditions 2 and 3; or commits any breach of its obligations under these conditions; or enters into liquidation whether compulsorily or voluntarily, becomes the subject of an application for an administration order or becomes the subject of any proposal under part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts. On termination of a hire contract, the hirer shall no longer be in possession of the equipment with WhiteSound Audio's consent. Unless otherwise agreed in writing by both the hirer and WhiteSound Audio, all equipment hired shall be returned to WhiteSound Audio immediately in good working order. A hire fee may be charged by WhiteSound Audio for any delay in the return of equipment.

  9. GENERAL Although WhiteSound Audio shall use all reasonable endeavours to discharge its obligations under a contract in a prompt and efficient manner, WhiteSound Audio does not accept responsibility for any failure or delay caused by circumstances beyond its control.

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Last modified: November 13, 2006