Welcome to our Website. If you continue to browse and use this Website (“Website” or “Site”) you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms and Conditions”), which together with our privacy policy govern APA Live events ltd’s relationship with you in relation to this Website.

If you do not agree to these Terms and Conditions you should cease using the Site.

 

The term “APA live events ltd” or”APA”  “us” or “we” refers to the owner of the Website. 

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Company registered in England and Wales: Number 7205305

 

The term “you” refers to the user or viewer of our Website.

 

1. Use of this Website is subject to the following:

 

•            The content of the pages of this Website is for your general information and use only. It is subject to change without notice.

 

•             We provide no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

•             Your use of any information or materials on this Website is entirely at your own risk, for which we are not liable. It is your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. If you are interested in any of the services offered for hire, please be sure to review our “Terms of Hire”.

 

•             This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

•             Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

 

•             From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. Providing these does not mean we endorse the Website(s). We have no responsibility for the content of the linked Website(s).

 

•             You may not create a link to this Website from another Website or document without our prior written consent.

 

•             Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England.

 

2.  Website Disclaimer

 

The information contained in this Website is for general information purposes only. Whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this Website.

 

Via this Website, you may be able to link to other Websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control.

 

3. Copyright

 

All rights in this Website are reserved by us, except for any images or other works which are claimed by the respective rights holder.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

 

You may print or download to a local hard disk extracts for your personal and non-commercial use only

 

You may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

 

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any form of retrieval system.

 

Terms and Conditions of Hire & Terms of Production

 

Any Hire, meaning, agreement to accept a quote provided by APA to use our services for any length of time, is subject to Terms of Hire and Terms of Production, (together, the “Terms”) where applicable, and according to the specifics indicated on the quote provided.

 

1.            For the purposes of these Terms and Conditions, “we” or “us” or “our” refers to ‘APA’ and ‘You’ to any company, partnership and individual who shall enter into any agreement with APA. The term the “you” or “your company” refers to the individual or company procuring our services under these Terms.

 

We shall be free to subcontract any of our obligations under these Terms.

 

2.            All Equipment remains our property. “Equipment” shall consist of the list included in the quote provided (the “Quote”), agreed by you , and including anything additional agreed by you which we provide during the provision of Hire or Production.

 

3.            Hire charges are based on the period of the contract irrespective of whether or not the Equipment is in use. Our minimum hire fee is £200 + VAT

 

4.            Arrival and Delivery:

Hire commences upon delivery to you and ceases upon return to us. In cases where you assumes responsibility for collection and return, the hire commences from the time the Equipment leave the our warehouse and ceases when it is returned to us.

 

4a. Our Equipment is not deemed to be returned until it has been checked and inspected by an authorised member of our staff and our paperwork signed off to confirm the end of the hire.

 

4b. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.

 

4c. You shall ensure we can access the property/location agreed at the agreed times to render these services. You shall also ensure we have access to electrical outlets and a supply of hot and cold running water.

 

4d. We reserve the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.

 

4e. You are responsible for ensuring we can access your location at the agreed delivery times. You must ensure that an employee or nominated person is present on site to provide access at time we require. If we are not able to work during the agreed times, which impacts the overall agreed times provided for our services, you agree that we may charge for any additional time required as a result. If you fail to be able to let us into the location to take delivery or fail to give us adequate delivery instructions at the time stated for delivery otherwise than any reason of any cause beyond the your reasonable control or by reason of our fault then, without prejudice to any other right or remedy available to us, we may:

 

i. Store the goods associated with the delivery and services until actual delivery, and charge you reasonable costs (including insurance) of storage; or

 

ii. Equipment hired will be entirely at your risk during the hire period and you will be responsible for any loss or damage thereto however arising. You undertake responsibility for insuring Equipment against ‘all risks’ to full replacement value. Any loss or damage to the Equipment shall be reimbursed by you to us for the full replacement value thereof. In the event that the damaged/lost/stolen Equipment is no longer available commercially, you will be charged for the cost of an equivalent model to replace the lost or damaged goods.

 

iii. Should the Hirer not possess suitable or sufficient insurance we can offer this at an additional charge. The standard excess for this policy is £750 for each and every claim. The policy does not negate these Conditions or additional Terms and Conditions added to a quote.

 

6.            You will be responsible for ensuring that any relevant regulations, rules or statutory provisions governing, or relating to, the use of the hired Equipment are complied with during the period of the hire and we in no way assumes liability for the consequences of any non-compliance with any such regulations, rules or statutory provisions.

 

7.           We will supply Equipment to you in normal working order. You are responsible for checking this. Our liability for any defect, or failure of the Equipment hired is limited to the rectification of any defect or failure arising from normal usage. No liability will be extended by us for defects or failures deemed to be caused by user error, wilful damage, or neglect caused or allowed by you.

 

8.            If you have any complaints or claims resulting from any defect or failure of the Equipment hired you must notify us within 24 hours of receipt of the Equipment as per clause 12 below, followed by a formal complaint in writing to the Company to be provided within 30 days of the start of the hire. In the absence of such notification, you will be charged with the full cost of repair or replacement.

 

9.            You undertake to ensure our Equipment shall not be used for any purpose beyond its capacity or in any manner likely to result in undue deterioration of the Equipment.

 

10.          We cannot be held responsible for any injuries to any person or damage to property or other Equipment, either owned by us or by you or a third party, consequential to and arising from any improper use of the Equipment by you during the period of Hire, whether intended or accidental.

 

11.          You must not alter or modify the Equipment in any way. In particular, cables must not be cut and plugs and sockets must not be rewired by you. In addition, no modification or alteration by a third party must be allowed by you. Any Equipment found to have been modified or in any way altered, and any cables or components found to have been damaged by cutting or attempts at modification will be charged with the full cost of repair or replacement, whichever we deem necessary.

 

12.          You will be responsible for advising us in any change of location during the period of Hire.

 

13.          No Equipment hired from us may be taken outside Mainland Britain, either to any offshore island or to any foreign country without our prior written consent .

 

14.          It is an express condition of the hire that you shall not offer for hire to any third party or parties any Equipment which our property, without our prior written consent.

 

15.          If agreed charges are not paid on the due date then we reserve the right to repossess the hired items and will not be liable for any damage or loss which may be suffered by you as a consequence of any such repossession.

 

16.          Throughout the period of hire, we reserve the right to repossess the Equipment if any of the clauses in this contract are deemed to have been broken. You must provide us with unrestricted access to all of the Equipment within 24 hours of our notice to you of such repossession.

 

17.          In the event of any Equipment ordered not being available for hire through circumstances beyond our control, we reserve the right to substitute Equipment of similar quality for all or part of the duration of hire.

 

18.          No information or data contained in any of our catalogues or price list shall be deemed to constitute any part of a contract of hire, such information is for general description only.

 

19.          In advance of issuing any Equipment for hire, we may require a deposit from you which may be any sum up to the full replacement cost of the Equipment hired. Similarly, we may require full payment of the hire charge in advance.

 

20.          If further charges arise during the period of hire, for example if the hire period is extended, we may at its discretion require immediate payment of these charges by cleared funds.

 

21.          We reserve the right to refuse an extension to the period of hire once agreed.

 

22.          Payment is due within 30 days of the date of invoice. In the case of late payment, we reserve the right to cancel all discounts which may have been applied to the Hire. Payment for events with new clients to include sub-hired or purchased goods and services are always required immediately upon receipt of invoice. Payment from new suppliers within 14 days of event date will include a 75% deposit. 

 

23.           Liability, Indemnity and Insurance.

We shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance. We are not liable for any loss or damage suffered by the you which results from the your failure to follow any instructions given by us. You shall indemnify us against any costs, liability, damages, loss, claims or proceedings arising out of the your failure to meet any of its obligations or any other breach of these Terms.

 

24. Cancellation. The following shall apply to cancellation or rescheduling:

 

24a. If you cancel the Hire more than 28 days before the agreed start date, we shall issue a full refund of all sums paid, including the Deposit, but less any Equipment or materials that have been purchased for the installation which shall be purchased by the you at the full quoted price.

24b.      If you reschedule the work more than 28 days before the agreed start date, we shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled services.

24c.    If you cancel the Hire less than 28 days but more than 7 days before the agreed start date we shall refund any sums paid less the Deposit.

24d. If you reschedule the work less than 28 days but more than 7 days before the agreed start date we shall retain any sums paid including the Deposit and shall deduct all such sums (excluding the Deposit) from any balance payable on the rescheduled Job.  A new Deposit shall be payable on the rescheduled Job.

24e. If you cancel the Hire less than 7 days before the agreed start date the Company shall retain all sums paid and any outstanding sums shall become immediately payable.  No refund shall be issued.

24f. If you reschedules the Hire less than 7 days before the agreed start date we shall retain all sums paid and any outstanding sums shall become immediately payable.  No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled work.

24g. We may cancel the Job at any time before the agreed start date and shall refund all sums paid, including the Deposit.

 

25. Force Majeure. Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

 

26. No Waiver

No failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

 

27. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

 

28 . Law and Jurisdiction. These Terms and Conditions shall be governed by the laws of England and Wales, and any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.