January 2017

Terms & Conditions
This document is issued by Red13 PA – Concert Sound & Lighting, to describe the terms and conditions for hire of the Company’s Sound Systems for concerts, festivals, special events, tours, and other performances, where provided with our personnel – ‘Sound Crew’.
This document gives the Terms & Conditions of Hire in full, laying down the contractual agreement between Red13 and the Hirer. Please note that other documentation, such as Quotations will include short interpretations and/or parts of these terms. In all cases, this document is the definitive Terms & Conditions of Hire document and will take precedence over any other terms stated or implied elsewhere.

Definitions:
“Hire” This expression refers to the arrangement to use equipment supplied by the Company at an event, accompanied by a crew provided by or on behalf of the Company. The period of Hire under these terms is usually two or more days and rates applied may be quoted as ‘the Tour Rate’. These Terms & Conditions do not cover Dry Hire arrangements.
“Hirer” The person, company, department or other body who has ordered and/or accepted Equipment or services from Red13.
“The Equipment” All items of equipment and or services accepted by the hirer along with any other items and or services included or implied whether specified or not.
“Sound Crew” Personnel supplied by or on behalf of Red13 as part of the hire service to install, maintain and dismantle the equipment.
“Owner/The Company” Red13

Provision of the Equipment and Services
1. Provision of the Equipment and Services: Red13 agrees to supply you with the sound system and rigging equipment described in the hire schedule/quotation for the hire period, together with the services of a Sound Crew of the number specified in the quotation.

2. Replacing defective Equipment: Red13 will supply all Equipment in good working order, however, in the event of a defect; the liability of Red13 will be limited to the repair or replacement of any defective Equipment, at Red13 discretion.

3. Red13 Property: Equipment remains the property of Red13 at all times. In the event of a breach of any of these conditions, Red13 may without prejudice to any other rights or remedies forthwith terminate the arrangement and repossess all their Equipment. Re-hire is not allowed by the Hirer without advanced written permission.

Principal Exclusions:

4. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:

4.1.  Taxes including Value Added Tax (VAT)

4.2.  Equipment (other than shown in the hire schedule/quotation) including risers, sets, scaffolding, flooring, staging equipment, fork lifts or other transportation equipment.

4.3.  Rigging of Flying Points ie the task of attaching motor chain hooks to the supporting fabric.
4.4. Locally-booked or venue equipment e.g. drum kits & backline equipment.
4.5.  Local Crew Personnel (other than the Red13 Crew shown in the hire schedule/quotation) including loaders, stagehands, licenced riggers and electricians, operators of the Equipment. It will be the responsibility of the hirer to provide Local Crew to assist with equipment load in and load out. Red13 will not be held responsible for local crews, their PL Insurance, or PPE.
4.6.  Transportation of equipment and personnel, including freight and transport costs and storage of the equipment. Unless clearly stated otherwise, all equipment and sound crew services are quoted ex-Bradford UK. All equipment should be collected and returned here at the end of the hire period. Other arrangements must be agreed in writing prior to the commencement of the hire contract.
4.7.  Sound Crew Expenses including reasonable travel expenses from our Bradford base to the event location, and accommodation and crew catering. Payment of per diem or other cash payments to sound crew personnel is at the absolute discretion of the hirer and will not be reimbursed by Red13.
4.8.  Excessive Hours Red13 reserves the right to charge the hirer for hours worked by the Sound Crew in excess of their ‘standard working day’. It is understood that the ‘standard working day’ may vary according to the nature of the hire and event locations, but it is the responsibility of the hirer to agree these terms in advance of the hire. Where equipment is loaded or despatched from Red13 or returned to Red13 during a weekend, this will incur additional charges for personnel at Red13 warehouse.
4.9.  Insurance: It is a condition of hire that the Hirer takes out adequate insurance to cover the equipment hired. Red13 will, at its sole discretion, charge the Hirer for any equipment lost, stolen or damaged as described in Paragraphs 5 and 6 below (Responsibilities of the Hirer) whether or not this is covered by the insurance policy taken out by the Hirer. Red13 reserves the right to see evidence that the Equipment is adequately covered by a suitable policy, prior to checking out the Equipment. However, this does not reduce the liability of the hirer for uninsured losses.
4.10. Carnet fees and other administrative costs associated with transportation of Equipment outside of the United Kingdom. If any of the above excluded items are provided or incurred by Red13 as part of a hire, they will be charged to the hirer as extras to the hire agreement.

Responsibilities of the Hirer:
5. The Hirer assumes full responsibility for the Equipment from the time of checking out until checking in to Red13. The hirer is responsible for the safe keeping of equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The hirer is responsible for providing suitable and adequate security arrangements for the safe keeping of the equipment during the period of hire. The hirer must take all necessary steps (at its own expense) to retain possession and control of the equipment and in the event of losing possession or control will take all necessary steps to recover the equipment.

5.1. Items of equipment are not to be used, and the Hirer will not permit them to be used, for any purpose for which they are not expressly designed.
5.2. Equipment is not to be altered or modified in any way without the prior consent of Red13.
5.3. Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of Red13.
5.4 The cost of replacing or repairing the Equipment will be borne in full by the Hirer. Equipment lost, damaged or modified will be charged for at full hire rate until the loss is settled in full.

6. Examples of loss/damage/modification include (but are not limited to) the following:
6.1 Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance).
6.2 Damage or loss caused by inadequate handling by third parties (including local crew).
6.3 Damage by adverse weather conditions including water damage.
6.4 Loss due to theft on site or in transit.
6.5 Loss or damage during transportation.
6.6 Modifying cables by cutting and/or re-wiring plugs/sockets.

Hire Periods, Charges and Payments
7. Hire Period: Hire charges are calculated from the date of collection / delivery to the date of return to Red13. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of Equipment may vary from our rate card or as advertised on our website and cannot be guaranteed for periods of extension.

8. Weekends & Bank Holidays: Where the hire start date or end date falls on a weekend or bank holiday, at the discretion of Red13, checking out may be done on the last working day prior to the hire start date and/or checking in may be done on the first working day after the hire end date. Checking out or checking in may in some circumstances be arranged outside of normal operating hours.

9. Hire Equipment Charges: Hire charges are based on weekly rates, with the period of hire starting from the time of checking out by Red13 at its Bradford base, to the time of checking back in by Red13, within the normal operating hours of the Company (10.00 am and 6.00 pm). Equipment checked out during operating hours on day 1, must be returned before 6.00 pm on the 7th day of hire, or a second week’s hire will be incurred.

10. Payments: Payments must be made in full with cleared funds prior to checking out, unless the hirer has set up an account or special arrangement with Red13, in which case payments will be made according to the terms of the account and as stated on the invoice. Payments by Credit Card, Personal Credit Cards, Business Credit Cards are not accepted. Payments by bank transfer in advance or Cash as agreed on the day or in advance. Festivals; Bookings are subject to a non-refundable securing deposit of 25%.

11. Cancellation or premature termination of contract: Any entitlement to discount will be forfeited if accounts are not paid by the due date. Furthermore, any accounts not paid by the due date will have an interest charge applied each month until payment is received in full. (The rate of interest is currently 2.5% per calendar month above Bank of England standard rate or part thereof.

In the event of the hirer cancelling the contract after a firm order has been placed, charges will be levied as follows:

More than 14 days notice – 25% total charge.
7 to 14 days notice – 50% total charge.
Less than 7 calendar days notice – 100% total charge.

Safe Working Provisions:

12. Health & Safety: Sound Crew and other Personnel supplied by Red13 must not be prevailed upon to act in any manner which is contrary to the method statements, risk assessments and codes of conduct issued by Red13. Full versions of these documents are available on request. In addition all contractors are instructed to follow established safe working practices and legal constraints and to refer to Red13 staff if they are instructed to operate in contravention of these.

13. Site Access: It is the responsibility of the hirer to ensure there is adequate and safe access to a performance site. We reserve the right not to deliver or erect equipment where we believe access to be unsafe. It is the responsibility of the hirer to inform Red13 beforehand of any access issues and where possible take appropriate measures to reduce risk to our sound crew and equipment.

13.1 Conditions of site: Red13 quotation for hire charges is made on the assumption that access to the performance area is level entry and that the site on which the equipment is to be erected or to which goods are to be delivered is flat, level, firm ground with easy access for heavy motor transport and associated equipment flight cases.

13.2 Liability for damage to site and services: Whether the site complies with the foregoing requirements or not the company shall not be under any liability whatsoever to make good any damage to the site nor shall the company be under any liability whatsoever in respect of damage to fixtures fittings drains pipes or cables or other services buried under or around the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such fixtures fittings drains pipes or cables or other services shall have been supplied to the company.

14. Site Power: It is the hirer’s responsibility to ensure provision of a safe, consistent and adequate electrical power supply. Where portable generators are used, these must be regulated and adequately grounded. Please contact us if you are unsure about what power will be required. Equipment damaged due to unsafe or inadequate electrical equipment at the performance site shall be repaired or replaced at the expense of the hirer.

15. Sound Pressure Levels: High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment provided by Red13 can and does produce high enough sound pressure levels to cause hearing damage. Feedback is inherent within Monitoring systems. Red13 cannot accept liability for any individual’s failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the hirer to ensure the safety, with regards to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

16. Local Licences: The hirer is solely responsible for obtaining any licence, qualification or other authority, which may be required for the safe and legal operation of the Equipment hired and agrees to abide by all legal guidelines relating to the installation and operation of the Equipment.

17. Contract of Hire: The placing of an order for equipment by the Hirer or the issuing of a sales invoice by Red13 constitutes a contract which binds the Hirer to accept these conditions and our full terms and conditions of business.

General Terms and Provisions
Positioning of PA & lighting equipment: The hirer shall provide the company with a plan showing the position in which the PA & lighting equipment shall be erected or alternatively shall have a representative on the site for that purpose.  If the hirer shall fail to provide a plan or have a representative on the site the company may erect the equipment where it considers appropriate given the information available and it shall be deemed to have performed the Contract. Any wasted journeys due to absent representatives will be charged for.

18. Termination: Red13 may terminate the hire contract under these terms and conditions, either immediately or at any time within three months after that by notice to the Hirer and no payment subsequently accepted by Red13 without knowledge of such termination shall in any way prejudice or affect the operation of this clause if the Hirer:

18.1.  fails to pay any Rentals or other sums payable under these conditions or under any other agreement between the Hirer and Red13, in full within 5 working days of such sums becoming due (whether demanded or not).

18.2.  commits a breach of any of the other terms and conditions of the contract (whether express or implied.

18.3.  does or causes to be done any thing, which in the opinion of Red13 may jeopardise Red13’s rights in the Equipment.

18.4.  is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired equipment, or against any premises where the equipment is, or against any of the Hirer’s goods or other property, or the hirer permits any judgement against it to remain unsatisfied for seven days.

18.5.  suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order.

18.6.  enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act, or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts.

19. Force Majeure: Red13 is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, or natural disasters. While every effort will be made by Red13 to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the company. In the case of extreme bad weather the company reserves the right to discontinue performance(s) if the weather would cause damage to the equipment outside or prove a health & safety risk to performers or persons working.

20. IN NO EVENT WILL RED13, its EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, ASSIGNS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RED13 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.

21. English Jurisdiction: All agreements, contracts and transactions entered into with Red13 will be bound and governed by English Law. This document supersedes all previous terms and conditions of hire.

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