1. Scope
These Standard Terms apply to the supply of all products and services by West Wight Audio, except software products, unless we otherwise agree in writing. Additionally separate provisions apply to PAT testing and provision of disco services. Please see below.
2. Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
3. Delivery of products and services
Services are delivered on the date agreed between us unless otherwise stated. Services are provided using reasonable skill and care.
4. Payment
We will normally require a cash deposit in advance before providing any disco or audio services. Where we have agreed credit terms for you our invoices are due for payment 14 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
5. Right to cancel
You may cancel at any time, however you will forfeit any deposit agreed between us. Late cancellations, i.e. less than 14 days, may incur a charge for administration. If we have agreed a booking with you without a deposit being paid, you will be liable for the whole fee due for any event cancelled less than 14 days before the due date. If we have purchased or hired, with your agreement, any additional equipment specifically for your event or other work, you will be liable for the purchase cost or cancellation fee levied on West Wight Audio.
6. Data protection
West Wight Audio will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products and training sessions or events which we believe may be of interest to you.
If you do not wish to receive information from us please write to the Proprietor, West Wight Audio, P.O. Box 34, Freshwater, Isle of Wight, PO40 9ZJ marking the envelope 'Data Protection'.
You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
7. Customer services
If you are unhappy with any aspect of our service, please contact the Proprietor, West Wight Audio, P.O. Box 34, Freshwater, Isle of Wight, PO40 9ZJ. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
8. Changes to Standard Terms
We reserve the right to make changes to these Standard Terms from time to time.
9. Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
10. PAT Testing
PAT testing is carried out on the basis of an agreed charge per item whether or not the item passes the test. Charges will be made for re-tests unless repairs are carried out by West Wight Audio at the time of testing. Any minor repairs of this nature to ensure compliance will be carried out at cost of parts.
The price of PAT testing includes the testing, establishing and maintaining equipment register and provisions of full test results plus certificate of compliance for your organisation.
11. Disco Services
Charges are made per hour or part thereof and will be agreed at time of booking. Additional charges may apply for events that continue past 1.00 a.m. We will make all reasonable efforts to commence playing at the time agreed on the date agreed. If through illness or other unavoidable circumstance we cannot play at all, a full refund including deposit will be made. West Wight Audio will not accept any claims for consequential losses or fees for alternative provision of services by other suppliers under these circumstances. No refund will be made for events that have started but finish earlier than agreed or that are abandoned through no fault of West Wight Audio.
11. Equipment Hire
Charges are made per day or part thereof and will be agreed at time of booking. We will make all reasonable efforts to deliver equipment at the time agreed on the date agreed. If through illness or other unavoidable circumstance we cannot deliver at all, a full refund including deposit will be made. West Wight Audio will not accept any claims for consequential losses or fees for alternative provision of services by other suppliers under these circumstances. Equipment is provided in a working condition, West Wight Audio will not accept any claims for consequential losses or fees resulting from failure of hired equipment. The hirer takes on the responsibility to maintain reasonable care of the hired equipment. West Wight Audio reserves the right to raise charges for repair or replacement of hired equipment that has been damaged through mis-use, handling, neglect or other damage incurred whilse in the charge of the hirer.
12. Force Majeure
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate any agreement in such circumstances.
Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
West Wight Audio, P.O. Box 34, Freshwater, Isle of Wight, PO40 9ZJ.West Wight Audio reserves the right to alter and amend these terms and conditions at any time without notice.
