Terms and Conditions of business
These Terms and Conditions are applicable to all business conducted by PYROmaster Studios Ltd and any subsidiary companies or trading names. They will govern the contract formed between PYROmaster Studios Ltd and the Customer, and shall apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A contract bound by these Terms & Conditions, will exist once the hirer confirms in writing that they accept the terms of the hire, have been issued an invoice by the company or have paid the deposit for the hire.
Payment of the deposit will also be taken to mean that the hirer has read and accepted all terms and conditions for the hire. Regardless of if the hirer has separately confirmed in writing.
“The Company” refers to PYROmaster Studios Ltd
Responsibilities of the Customer
“The Customer/hirer”, refers to any business, charity, group or individual that engages the services of PYROmaster Studios Ltd.
“Equipment”, refers to any physical item that is supplied by PYROmaster Studios Ltd, whether owned by the company or not.
1.1 The Customer assumes full responsibility for all Equipment hired to them for the full duration of the hire period. The customer is liable or any loss or damage caused during while in their possession.
1.3 The customer is responsible for ensuring that all equipment is kept safe and is covered by an adequate insurance policy that covers the full replacement value of the total value of the equipment. 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.
1.5 Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of PYROmaster Studios Ltd
Examples of loss/damage /modification include (but are not limited to) the following:
• Damage by persons known or unknown, including audiences and artists
• Damage or loss caused by inadequate handling by third parties (including local crew)
• Damage by adverse weather conditions including water damage
• Loss due to theft on site or in transit
• Loss or damage during transportation
• Modifying cables by cutting and/or re-wiring plugs/sockets
2. Competent Personnel: Where certain hire Equipment requires specialist technical knowledge or training for the safe or effective installation and or operation, the hirer will be required to appoint a competent personnel to operate the equipment. If this is not possible then PYROmaster Studios Ltd can supply a competent crew member, this will be charged for in addition to the hire rate.
3. Fit for purpose: PYROmaster Studios Ltd does not make any warranty as to the Equipment’s fitness for purpose and it is the Customer’s sole responsibility to satisfy itself that the Equipment is fit for the purpose which the Customer requires it.
4. The equipment supplied will be, where possible, as described in the appropriate documentation supplied by PYROmaster Studios Ltd. However, whilst every effort will be made to supply the equipment as specified, the company reserves the right, without notice to replace, substitute or omit any elements of the equipment list which need replacement due to improvement, damage, health and safety, or for any other reason.
5. Transport – Hirer’s Own: Customers who provide their own transport must have a suitable, closed covered vehicle with solid sides and be fitted with suitable load restraints. The driver must check that all the required items have been loaded and sign the delivery note to confirm this. Collections and returns at our premises are to be by arrangement only. Hirers should send at least two able bodied persons to assist with loading. The customer will be liable for the equipment once it is loaded onto the vehicle and ensuring that it is covered by a suitable insurance policy.
6. Loading and Unloading: The hirer shall be responsible for arranging the loading and unloading of any delivery or collection and shall ensure that adequate numbers of physically capable personnel are at hand to assist with loading and unloading. Any delays exceeding 2 hours after arrival caused to the company or any third-party hauliers, by the hirer, may be chargeable by the hour. Should an inadequate number of persons be available to assist with loading and unloading, the company/haulier reserves the right to terminate the loading/unloading and charge the hirer for redelivery.
7. Unused items: Any requested items that are supplied and remain unused will be subject to full charges. The hirer must inform the company a minimum of 5 working days prior to the start date of the hire period if items are no longer required, after which time items will be charged for at the full price. Items which have been manufactured or purchased specifically for a hirer will be charged regardless of notification period.
8. Risk Assessment: Any risk assessment is the responsibility of the hirer based on the needs of their own production, use of supplied items, and venue.
9. It is assumed unless otherwise stated or requested that the hirer has normal stage facilities and equipment for bracing, braking, weighting, balancing or hanging the stage scenery supplied. No hanging wires, stage braces, brakes or stage weights will be supplied by the company. It is essential that the hirer ensures that all the items supplied are fixed, used and handled safely and that they will do their own Risk Assessments based on the needs of their own production and venue.
Hire Periods, Charges and Payments:
10. Hire Period: Hire charges are calculated from the date of collection / delivery to the date of return to PYROmaster Studios Ltd. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of Equipment may vary and cannot be guaranteed for periods of extension. The maximum hire period may be dictated by the equipment being reserved for another customer.
10.1 If the Customer requires the Equipment for a longer period of time than the Hire Period the Customer may extend the Hire Period by retaining the Equipment for a further period of time up to the new agreed date – The Customer acknowledges that this extended Hire Period shall be subject to an additional fee which shall be communicated to the customer upon approval of the hire extension.
11. Hire Charges: Hire charges are based on daily or weekly rates. Daily hires are a period of 24 hours use, the hirer has a further 24 hours to allow for collection/return of all equipment.
Weekly hire will be a period of 7 calendar days from the date agreed for the start of the hire period. All equipment must be returned to the company within 24 hours following the end of the hire period, following this a full week hire for the equipment will be incurred.
12. Payments: Payments must be made in full with cleared funds before the hire period is due to start. Accepted payment types: Bank Transfer or Credit/Debit card.
13. All overdue invoices will incur a late payment fee of 10% per business week (Mon-Fri) which will compounded every week. We may allow an extension but written permission must be granted before the invoice is due.
13.1. In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice.
13.1.1. Failure to make payment within 28 days after the due date may result in the matter being referred to debt collection agents, whose charges will be added to and payable with the invoice debt.
14. Guarantees against equipment loss or late return: Hirers may be required to leave valid debit or credit card details as a payment guarantee in the event of a loss or late return. Card details must be valid at least up until the agreed hire finish date.
PYROmaster Studios Ltd reserves the right to charge the hirer the full replacement cost relating to any loss of equipment. The hirer will have seven days to return any lost equipment before any charge is taken. If the equipment is returned within the seven days, a charge will be taken for the subsequent hire. By signing the agreement the hirer accepts that such a charge will be taken in these circumstances and agrees to ensure that sufficient funds are available on the submitted card.
15. Deposits
15.1. To secure the booking and reserve the equipment, once a quote has been agreed, a deposit of 50% of the full price (including VAT) is due and payable – the booking will not be secured until this is paid and the equipment may be reserved by another customer.
15.2. Once booking is confirmed, the balance payment is due at any point up to 7 calendar days before the hire period starts.
15.3. If the booking is made within 1 month of the start of the hire period, or the value of the payment is under £1,000 (excluding VAT), then the full payment will be due immediately to secure the booking.
15.4. The deposit paid is non-refundable, and will be used as part payment for the hire.
15.5. If, due to any reason linked to the customers production, another customer’s production hiring is disputed, curtailed, or missed the customer is responsible and will be liable to compensate all parties in full.
15.6. PYROmaster Studios Ltd will be entitled to retrieve the goods at any time should payment terms not be met.
Alterations, Postponements and Cancellations to Hire
16. Alterations to confirmed orders will be accommodated wherever possible but cannot be guaranteed unless confirmed in writing (including by email) a minimum of 6 weeks prior to the start date of the hire. Late changes to agreed hire items or addition of extra items cannot be guaranteed but will be accommodated where possible.
16.1. Orders postponed prior to shipping or collection will be postponed at no additional cost, subject to availability of the hired items. Where possible the company will work with the hirer to postpone hires to dates where the agreed items are available however if this is not possible and items are not available for new dates chosen by the hirer then this will be treated as a cancellation. Orders cancelled or requested to postpone after the hire period has begun are subject to the company’s standard cancellation charges, as follows:
| Cancellation >4 calendar months from the start date of the hire period | 50% of Deposit |
| Cancellation 2-4 calendar months from the start date of the hire period | Full Deposit |
| Cancellation 1-2 calendar months from the start date of the hire period | Deposit + 50% of the remaining balance |
| Cancellation <1 calendar month from the start date of the hire period | 100% of invoice |
16.2. If items are cancelled following a postponement, the notice period will reference the new postponed start date and will be used in the calculation of cancellation fees.
Hirers should ensure that their insurance covers charges in the event of cancellation.
17. For new shows that PYROmaster Studios Ltd is engaged to build or buy equipment for, the company will reserve the right to charge 100% of the hire fee if ordered and subsequently cancelled for whatever reason in order to meet the commitments of building/buying. Similarly, if any equipment is cross-hired from another supplier, the customer will be liable for reimbursement of costs.
General
18. Programme Credits and House Seats:
The hirer agrees to credit the company for items supplied by stating in any literature, advertising material or programmes that equipment or scenery were supplied by “PYROmaster Studios Ltd” or “onstage.productions”.
The hirer will make available upon request up to two house seats for any performance that items are hired from the company for and will allow inspection or viewing of their hired items at any time whilst they are in control of the hirer.
The hirer will supply upon request photographs and will allow the contractor to take photographs of the production that the hired equipment is supplied.
19. Publicity:
PYROmaster Studios Ltd shall have the right during the term of the Contract and after termination to use the Customer’s name and logo together with details of the nature of the work performed by the Company for the Customer (where in the public domain) for marketing purposes.
20. Shortages and Damages:
No responsibility will be taken, or claims entertained for shortages, or any items received damaged unless reported to the company by or on the first day of the period of the hire. All damages and losses (other than normal wear and tear) will be charged to the hirer(s), irrespective of whether said damage or loss was caused by the hirer, a member of venue staff, transport company or member of the company or management, or any persons unknown. Each hirer must ensure that no alteration or painting of the hired items whatsoever is undertaken. On occasion a set may be delivered directly from another hirer so normal warehouse checks for any damages or missing items may not have taken place.
21. Force Majeure:
Whilst every endeavour is made to fulfil all contracts promptly and efficiently, no responsibility can be accepted or allowances entertained in respect of late or non-arrival of third-party couriers and/or hauliers, acts of God, strikes, lockouts, illness, or any other circumstances beyond the contactor’s control.
22. PYROmaster Studios Ltd shall under no circumstances whatsoever be liable under the Contract for any:
22.1. loss of profit;
22.2. loss of revenue;
22.3. loss of business;
22.4. loss arising out of delays in filming or a photo shoot;
22.5. indirect or consequential loss or damage,
in each case, however caused, even if foreseeable.
23. PYROmaster Studios Ltd’s total liability to the Customer in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total costs payable by the Customer under the Contract.
24. The Customer acknowledges that some Equipment may be inherently dangerous and that care must be taken when using such Equipment. PYROmaster Studios Ltd accepts no liability for any loss or injury arising out of use of such Equipment. The Customer MUST satisfy themselves that they are suitably qualified to use the Equipment and that it has been inspected and tested prior to use by a competent person.
25. English Jurisdiction: All agreements, contracts and transactions entered into with PYROmaster Studios Ltd will be bound and governed by English Law. This document supersedes all previous terms and conditions of hire.