Terms and Conditions of Business
- 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 customer’s 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.
- 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.
- 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.
- 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.
- 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.
- 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 hirer’s 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.
- LOSS DAMAGE AND INSURANCE Equipment lost or returned
damaged shall be repaired or replaced at the hirers expense. It is the hirer’s
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.
- 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.
- 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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or modified without permission of WhiteSound Audio.
Last modified: November 13, 2006