
Full Terms and Conditions
Studios & Equipment Hire
1. The following conditions for hire shall apply to all contracts entered
into by Musicbox Studios Ltd ('the Company') for the hire of the Studio ('the
Studio') quoted in the Booking ('the Booking') and of the equipment ('the
Equipment') for use in the Studio. 'The Customer' means the person, firm or
Company designated a Customer in the initial Booking.
2. The Company agrees to make available to the Customer for the period booked
the Studio and Equipment ('the Equipment') specified therein at the fee quoted
or otherwise agreed.
3. The Customer shall vacate the Studio and Studio Complex (Unit 7, Tollgate
Close, Off Penarth Road, Cardiff CF11 8TN) promptly at the end of the booking
and surrender the Equipment at the end of the Booking.
4. If the Customer fails to vacate the Studio promptly and/or surrender all
or any of the Equipment at the end of the Booking the Company shall be entitled
to charge a further fee in respect of excess usage. The fee is at the discretion
of the management.
5. The Customer shall satisfy himself that the Studio and the Equipment is
suitable for his purpose and while the Company will use its best endeavours
to ensure that all the Equipment performs in accordance with the specifications
for such Equipment, the Company is not responsible for ensuring that its Equipment
and the facilities provided are suitable for the Customers purpose.
6. If the Customer cancels any Booking, the Company shall take reasonable
steps to replace the cancelled Booking with another hiring. The Customer shall
indemnify the Company against any loss or damage suffered by the Company by
reason of such cancellation. (Please refer specifically to our terms and conditions
for cancellations.)
7. If the Company have incurred any special costs or expenses in connection
with the Booking with the knowledge and approval of the Customer, the Customer
shall pay those special costs or expenses in addition to the above mentioned
cancellation charges, costs and expenses.
8. If the Booking is cancelled owing to any reason affecting the Company then
unless such cancellation has been caused by negligence on the part of the
Company, the Company shall not be liable for any loss or damage suffered by
the Customer and the Company's liability would be limited in repayment of
the Booking fee if paid in advance.
9. If such cancellation is due to fire, natural catastrophe, industrial dispute,
failure of national or local power supply or any other circumstances beyond
the Company's control then the Company shall be under no liability and shall
be entitled to be paid such part of the Booking fee as is fair and reasonable
and having regard to the facilities supplied up to time. The Company shall
also be entitled to payment in respect of costs and expenses as mentioned
in clause 7 incurred up to such time.
10. Only musicians rehearsing and their appointed representatives are permitted
to enter the Studio Complex and the Company reserve the right to refuse entry
to or eject any person whose presence is not necessary for any rehearsal.
11. The Customer shall ensure that all persons entering the Studio in connection
with the Booking shall abide by the rules and regulations therein and the
Company shall be entitled to exclude any persons in the event of their failure
to observe such regulations.
12. The Company reserve the right to refuse entry to any part of the Studio
complex.
13. No person will be allowed entry to the Studio complex after midnight and
no vehicles will be allowed to leave the premises after that time.
14. The Company reserve the right to search all vehicles and persons entering
and leaving the Studio complex.
15. Any Customer's equipment left at the Studio Complex at any time shall
be at the Customers own risk.
16. The Customer shall reimburse the Company with the cost of repairing or
replacing any part of the Studio or Equipment damaged or lost as a result
of the use or misuse by the Customer.
17. The Studio, the Equipment and all other facilities provided by the he
Company are provided entirely at the Customer's risk. The Company shall be
under no liability to the Customer for any loss or damage resulting from any
defect in the Studio or the failure of any of the Equipment of facilities
whether or not the Company had any prior knowledge.
18. All articles brought and bought on the premises are entirely at the owner's
risk.
19. All Studio time booked by the Customer will be charged for in full at
the Studio rate even if the Customer does not work for all or any part of
the time booked.
Transport:
Musicbox Studios Ltd, Unit 7 Tollgate Close, Cardiff CF11 8TN (hereinafter
referred to as 'the carrier' is not a common carrier and accepts goods for
carriage only upon that condition and subject to the Terms and Conditions
set out below. No servant or agent of the Carrier is permitted to alter or
vary these Terms and Conditions in any way without the express written authority
to do so.
1. Definitions In the Terms and Conditions below the following terms shall
have the meanings that follow ascribed to them: 'Customer' means the customer
who contracts for the services of the Carrier; 'Contract' means the contract
of carriage between Customer and Carrier; 'Consignment' means goods and equipment
in bulk or contained in any one parcel or container as the case may be, or
any number of separate parcels, packages, containers, items of equipment sent
at one time in one load by or for Customer from one address to another.
2. Parties and
sub-contracting
(1) Customer warrants that it is either the owner of the goods in any Consignment
or is authorised by such owner to accept those conditions on such owner's
behalf.
(2) Carrier and any other carrier employed by Carrier may employ the services
of any carrier for the purpose of fulfilling the Contract in whole or in part
and the name of every such other carrier shall be provided to Customer on
request.
(3) Carrier contracts for itself and as agent of and trustee for its servants
and agents and all other carriers referred to in (2) above and such other
carriers servants and agents and every reference set out in the terms and
conditions set out below to 'Carrier' shall be deemed to include every such
other carrier servant and agent with the intention that they shall have the
benefit of the Contract and collectively and together with Carrier be under
no greater liability to Customer or any other party that is Carrier hereunder.
3.Loading and unloading
(1) When collection or delivery takes place at Customer's premises, Carrier
shall not be under any obligation to provide service beyond the usual place
of collection of delivery, nor any plant, power or labour other than Carrier's
driver required for loading or unloading at such premises unless otherwise
specifically contracted. Customer shall provide any special equipment or appliances
necessary for such purposes, again, unless otherwise specifically agreed,
(2) Any additional service required by Customer and given by Carrier or its
servants or agents shall be at the sole risk of the Customer who shall indemnify
Carrier against any claims whatever which could not have been made if such
additional service had not been given.
4.Dangerous Goods
Where carrier agrees to accept Dangerous Goods (identified as being those
goods specified in the Special Classification of dangerous goods issued by
British Railways Board) such goods must be accompanied by a full declaration
of their nature and contents and be properly and safely packaged and labelled
in accordance with such statutory regulations as may be in time being in force
for carriage
.
5.Transit
(1) 'Transit' shall commence when Carrier takes possession of the Consignment
and end when the Consignment is tendered at the place of delivery requested
by the Customer and such responsibility as Carrier may have for the Consignment
shall terminate upon the Consignment being tendered at the designated place
of delivery.
(2) When for any reason whatever a Consignment cannot be delivered or when
Consignment is held by Carrier to await order or 'to be kept till called for'
or upon any similar instructions and such instructions are not given of the
Consignment not called for and removed within reasonable time (the question
of reasonableness to be dictated by the relevant circumstances applying) then
Transit shall be deemed to end.
6 Undelivered or Unclaimed Goods
(1) Where Carrier is unable for any reason to deliver a Consignment pursuant
to the directions of Customer or where by virtue of Condition 5 Transit is
deemed to be at an end, carrier may sell goods and deduct from proceeds realised
all proper charges and expenses in relation to disposal and all outstanding
sums due to Carrier from Customer and in such circumstances, Carrier's obligations
to Customers shall be discharged upon payment by Carrier of any net sum arising
from disposal of the goods after deduction of the expenses, charges etc.
(2) Upon such disposal as aforesaid, Carrier shall act reasonably in obtaining
the best price possible and shall not exercise the power of sale unless carrier
had done whatever is reasonable in the circumstance to notify Customer of
the circumstance.
7 . Liability for Loss or Damage
Carrier shall not be liable unless specifically agreed to in writing for:
(1) Loss or mis-delivery of or damage to any particular or individual item
the value of which exceeds 3% of the total value of any Consignment and ,
further, Carrier specifically shall not be liable for any loss or mis-delivery
of or damage to china ceramics, antiques, jewellery, furs, precious metals,
cash, bullion, works of art, negotiable instruments, stamps or
(2) Carrier shall not be liable unless specifically agreed to in writing for
any loss or mis-delivery of or damage to any other item if the same has arisen
from an Act of God, any consequences of war, insurrection or kindred risks,
seizure of forfeiture under legal process, error, act, omission, misrepresentation
by Customer or other owner or Consignment inherent liability to wastage and
bulk of weight: latent defect or inherent defect, vice or natural deterioration
of Consignment or any part, insufficient or improper packaging, labelling
or addressing, riot ,civil commotion, strike, lock-out, general or partial
stoppage or restraint of labour from whatever cause, consignee not taxing
or accepting delivery within a reasonable time after the Consignment has been
tendered. Carrier shall not in any circumstance be liable for loss of or damage
to goods after Transit of such goods is deemed to have ended within the meaning
of Condition 5 hereof whether or not caused or contributed to directly or
indirectly by any act omission neglectful or wrong-doing on the part of the
Carrier.
8. Insurance
Insurance of all goods in Transit and accepted by Carrier for carriage shall
be the responsibility of Customer.
9. Fraud
Carrier shall not in any circumstances be liable in respect of a Consignment
where there has been fraud on the part of Customer or owner of the goods or
servants or agents of either fraud or unlawful conduct of any other party
whatsoever.
10. Limitation of liability
(1) Except as otherwise specifically provided in these terms and conditions
the liability of Carrier in respect of loss mis-delivery shall in all circumstance
be limited as follows:
(i) where loss, mis-delivery or damage however sustained is in respect of
the whole of the Consignment to a sum calculated at £800 per ton on
the gross weight of the Consignment
(ii) where loss, mis-delivery or damage however sustained is in respect of
the part of the Consignment, to the proportion of the sum ascertained in accordance
with
(1) (I) of this Condition which the actual value of that part of the Consignment
bears to the actual value of the whole Consignment provided that Carrier shall
be entitled to require strict proof of the value of the entirety of the Consignment
and of any part thereof in respect of which a claim is made.
(2) Notwithstanding the provisions of the sub-clause (1) of this provision,
the liability of the Carrier in respect of the indirect or consequential loss
or damage, howsoever arising and including loss of profit, shall not exceed
the amount of the carriage charges in respect o the Consignment or the amount
of the claimants proved loss whichever is the smaller.
11. Indemnity to Carrier
(1) Customer shall indemnify the Carrier against all consequences suffered
by Carrier (including but not limited to claims, demands, proceedings, fines,
penalties, damages, costs, expenses and loss of or damage to the carrying
vehicle and to other goods carried) of any error, omission, mis-statement
or misrepresentation by Customer or other owner of the goods or by any servant
or agent of either of them, insufficient or improper packing, labelling or
addressing of goods or fraud as per Condition 9 above.
(2) All claims and demands whatever by whoever made in excess of the liability
of Carrier under the provisions hereof.
(3) All losses suffered by and claims made against Carrier in consequence
of loss of or damage to property caused by or arising out of the carriage
by Carrier of dangerous goods.
(4) All claims made upon Carrier by HM Customs and Excise or other government
agents howsoever.
12. Time Limit for Claims
Carrier shall not be liable for loss of or damage to goods comprising of Consignment
unless any claim is made in writing and received by Carrier within ten days
after commencement of Transit.
13. General Lien
Carrier shall have a general lien exercisable over any and all goods comprising
Consignment in respect of any monies whatsoever due from Customer or other
owner of the goods. If any such lien is not satisfied within a reasonable
time, Carrier may at his absolute discretion sell goods or any part thereof
in the manner described in condition 6 (2) above.
14. Carrier's Charges
Customer shall be required to pay Carrier's charges upon Carrier's normal
terms full details of which bill be supplied on demand. Customer shall be
required to pay any parking fines incurred while delivering to the Customer's
delivery and/or collection address.
15. Unreasonable Detention
Customer shall be liable for the cost of any unreasonable detention of any
vehicle, trailer or container belonging t Carrier without prejudice to Carrier's
right against any third party in respect thereof.
16, Impossibility of Performance
Carrier shall be relieved of its obligations to perform this contract to the
extent that performance thereof is prevented by failure of the Customer, fire,
weather conditions, industrial dispute, civil disturbance or cause beyond
the reasonable control of Carrier.
Storage:
1. These terms and conditions shall apply to storage of equipment undertaken
by The Joint Ltd (the Company) on behalf of any customer (the Customer) at
Unit 7 Tollgate Close Cardiff CF11 8TN (the Premises)
2. The company will make available to the customer storage facilities for
the storage by the customer of its equipment. All equipment stored by the
Company is stored at the Customers sole risk.
3. The Company does not and will not insure any equipment stored on behalf
of the Customer who is advised to make the appropriate insurance arrangements
itself.
4. The amount of the fee payable to the company will be notified to the Customer
from time to time. If any sum is overdue for 30 days or longer the Company
reserves the right to add interest thereon at the rate of 2% per month over
Lloyds TSB's base rate.
5. The Company shall not be liable for any losses or alleged shortages of
equipment stored for the Customer nor for the consequences of any act beyond
its control. The Company hereby excludes all and any liability to the Customer
to the extent that such liability may properly be excluded from law for all
and any acts or omissions of the Company its servants or agents howsoever.
6. The Company hereby gives notice to the Customer that the Company is not
liable for any damage to the Customer's equipment
• when by prior arrangement verbal or written the Company agrees to
move the Customer's equipment
• when the Company is obliged to move equipment returned by the Customer
or the Customer's appointed representatives because in the company's opinion
the Customer's equipment is improperly stored
• when the customer's equipment is improperly, or inadequately cased
or not cased at all
7. The Company shall refuse to release equipment stored by the Customer to
anyone other than the customer unless arranged by the Customer in advance.
8. The Company shall not be under any obligation to the Customer to release
the equipment stored on the premises whilst any sums are due to the Company
from the Customer either for storage or any other facilities until full payment
is received by the Company. If the period of arrears exceeds 90 days the Company
will sell items of the equipment stored on the customers behalf, the value
of which will in the Company's view realise sums sufficient to cover those
sums due to the Company, however the Company must notify the Customer in writing
of its intention to sell any items of the Customers equipment, and the customer
will have a period of 7 days after receipt of such letter in which to pay
the Company the sums due. If payment is received within the 7 days the Company
has no rights to sell any item or items of the Customers equipment.
9. The Customer shall give the company not less than four weeks written notice
of its intention to terminate these arrangements which may nevertheless be
terminated by the Company at zero days notice to the Customer for any reason.
10. No variation of these terms and conditions (save in respect of any increase
in the storage fee payable) shall have any effect unless set down in writing
and agreed by both parties; a copy of these terms shall be supplied to the
Customer at the commencement of storage and the signature of the person receiving
a copy hereof shall be deemed to constitute actual notice to the Customer
of these terms and conditions and the Customer shall be bound hereby. In the
absence of any contrary indication in writing the Company may treat the individual
signing the duplicate of these terms and conditions as the Customer and may
account to such individual who shall assume liability accordingly.
11. In circumstances where the individual is signing the duplicate of these
terms and conditions on behalf of the customer the Company may treat the individual
as a representative of the signed band and all those signed members of the
band may be considered as jointly and severally liable for any debts incurred.
Credit:
Bands who have arranged for their bills to be paid by a third party (i.e.
management company, record company, publishing company or other) should be
aware that the bills remain the bands' responsibility. These companies agree
to pay the studios from monies they hold on behalf of the band, not from their
own pockets. Should your record company / publisher or management neglect
to pay invoices, responsibility for the Debt is held, jointly and severally
by the band members.
Musicbox Studios Ltd reserves the right to retain equipment owned by the debtor
and stored at The Joint Ltd (i.e. exercise a general lien) until all outstanding
debts have been cleared. Please refer to our terms and conditions for full
details, and specifically our terms and conditions for storage.
Musicbox Studios Ltd reserves the right to refuse credit, and to insist on
a full credit check prior to the opening of an account.
Musicbox Studios Ltd requires an undertaking in writing from the creditor
to pay for the bookings made on behalf of the band. Payment shall be made
no later than 30 days after the date of the Seller's invoice ('the due date').
Without prejudice to Musicbox Studios Ltd's other rights. Musicbox Studios
Ltd reserves the right to charge interest to be added to any late payment
from the due date for payment at the rate of 2% above the base rate from time
to time of Lloyds TSB until full payment has been received.
Equipment Hire (outside Musicbox)
1. In the following paragraphs 'the owner' shall mean 'Musicbox Studios Ltd.'
and 'the hirer' shall mean the person or company to whom the owner hereby
offers to let the equipment on hire. 'The equipment' shall mean anything let
on hire by the owner to the hirer.
2. The owner will let and the hirer will take upon hire on the terms and conditions
hereinafter mentioned, the equipment more particularly described in the Schedule
overleaf.
3. Nothing said or done by any agent or employee of the owner, which varies
these terms, shall be binding on the owner unless reduced into writing and
signed by a director with specified reference to these terms.
4. The hirer shall pay to the owner at their request the sum specified overleaf
by way of a deposit and advance rental where application in accordance with
the terms specified overleaf.
5. Punctual payment of each instalment shall be of the essence of this agreement
and the hirer shall be deemed to have repudiated this agreement if any instalment
or part thereof shall remain unpaid for more than seven days after becoming
due.
6. All sums payable to the owner under this agreement shall be paid to him
at Unit 7 Tollgate Close, Cardiff CF11 8TN or such other address as the owner
from time to time specify and payments made by post shall be at the risk of
the hirer.
7. During the continuance of the hiring the hirer shall
1] punctually pay all sums in accordance with clause 3 hereof and those terms
specified overleaf
2] pay to the owner interest on overdue instalments of rental at the rate
of 15 per cent per annum until payment thereof such interest to run from day
to day and to accrue after as well as before any judgement
3] a) keep the equipment in good and substantial repair and condition fair
wear and tear excepted and replace all missing damaged or broken equipment
or parts thereof with equipment or parts of equal quality and value and in
default of so doing permit the owner to take possession of the equipment for
the purpose of having repairs carried out and the owner shall have a lien
on the equipment until such repayment but exercise of such lien shall not
prevent the accrual of instalments of rental hereunder
b) at all times during the period of the hire
i) keep the equipment in its custody and control
ii) ensure that the equipment is used in a proper manner and only by persons
having the appropriate qualification and experience in the use of the equipment
iii) take proper care of the equipment and ensure that is safely and properly
stored
iv) where spare lamps, diaphragms etc. are provided, the (or the blown unit)
must be returned at the end of the hire period, otherwise they will be charged
in full
4] punctually pay all registration charges, licence fees, rent, rates, taxes
and other outgoings in respect of any premises in which the equipment may
form time to time be placed or kept and produce the owner in demand the last
receipts for all such payments the owner being at liberty in the event of
default by the hirer under this subclause to make all or any of such payments
and then recover the amount thereof from the hirer forthwith
5] permit the owner and any person authorised by him at all reasonable time
to enter the premises in which the equipment is for the time being placed
or kept for the purpose of inspecting and examining the condition of the equipment
6] keep the equipment at all times in his possession and control and to notify
the company of the place where it is for the time being and not to cause or
permit any of the equipment to be affixed to the premises in which it shall
for the time being be situate as to become fixtures.
7] notify the owner of any change in the hirers address and upon request by
the owner promptly inform the owner of the whereabouts of the equipment and
advise the owner when the equipment is being taken outside the u.k.
8] indemnify the owner against loss or damage to the equipment or any part
thereof from whatever cause arising and whether or not such loss or damage
results from the negligence of the hirer
9] punctually pay for all repairs to or treatment of the equipment and keep
the same free from any distress execution or other legal process;
10] not sell assign let pledge mortgage charge encumber or part with possession
of or otherwise deal with the equipment or any interest therein or create
or allow to be created any lien on the equipment whether for repairs or otherwise
shall the hirer remove deface obliterate or cover up any label plate or other
mark indicating that the equipment is the property of the company and in the
event of any breach of this sub-clause by the hirer the owner shall be entitled
(but shall not be bound) to pay to any third party such sum as is necessary
to produce the release of the equipment form any charge encumbrance or lien
and to recover such sum from the hirer forth with;
11] immediately after the signing of this agreement insure the equipment and
keep the same insured during the continuance of the hiring agents loss or
damage by accident fire and theft to the full replacement value thereof with
some insurance company to be approved by the owner under an all risks policy
of insurance in the name of the owner free from restriction or excess in default
of the hirer so doing the owner may insure as aforesaid and recover the cost
thereof from the hirer forthwith. The hirer hereby irrevocably appoints the
owner his agent for the purpose of receiving all moneys under the said policy
and giving a discharge thereof;
12] punctually pay all premiums payable under the said policy produce the
receipts for such payments to the owner on demand to everything necessary
to maintain the said policy in full effect and not do anything whereby the
said policy will or may be vitiated;
13] pay to the owner all expenses (including legal costs on a full indemnity
basis) incurred by or on behalf of the owner in ascertaining the whereabouts
of the equipment taking possession of it by reason of a breach by the hirer
of any provisions of this agreement and preserving insuring and storing the
equipment thereafter and of any legal proceedings taken by or on behalf of
the owner to enforce the provisions of this agreement.
8.1 The hire charge for equipment commences (unless otherwise expressly agreed
in writing) on the day the equipment leaves the premises of the owner and
terminates at the end of the agreed hire period if the equipment has been
returned to the owner in the same condition as it was at the commencement
of the hire, fair wear and tear excepted. In the event that the equipment
is lost, damaged or destroyed, the period in respect of which a hire charge
shall be payable at the same rate shall continue until such time as the equipment
(if lost) is recovered and returned to the owner or (if damaged) is repaired
and is available for re-hire or (if destroyed or otherwise lost) is replaced
by an equivalent or comparable items available for hire. Any such additional
hire charge for slot, damaged or destroyed equipment shall not exceed an amount
equal to thirteen weeks rental of that equipment.
8.2 The owner reserves the right generally or for any particular service client
or class of equipment to alter at any time and without previous notice the
prices and specifications published in its equipment hire catalogue but no
such alteration shall effect a contract of hire then current.
8.3 Where the equipment is lost, stolen , destroyed or damaged by the negligence
or wrongful act of a third party, the hirer shall immediately notify the owner
thereof, shall not compromise any claim without the consent of the owner,
shall allow the owner to take over the conduct of the negotiations ( except
in relation to claims made of the hirer for the personal injuries loss of
use of the equipment or loss of or damage to the property of the hirer unconnected
with the equipment) and shall at his own expense take such proceedings (in
hirers sole name or jointly with the owner) as the owner shall direct, holding
all sums recovered together with any monies received by the hirer under any
of this agreement on trust for the owner and paying or applying as the owner
directs such part thereof as is necessary to discharge the hirer's ability
to the owner at the date of such payment and to compensate the owner for the
loss theft or destruction of or damage to the equipment any surplus being
retainable by the hirer for his own benefit.
9. The hirer may determine the hiring at any time by giving three days notice
in writing to the owner and delivering up the equipment to the owner at Unit
7 Tollgate Close, Cardiff CF118TN or any such other address as the owner by
have previously specified in writing and upon expiration of such notice and
delivery being made the hiring shall come to an end but without prejudice
to any pre-existing liability of the hirer hereunder and the hirer shall not
be entitled to repayment of any sums previously paid by him to the owner allowance
in respect of any such payments.
10. If the hirer shall make default in payment of any of the sums payable
hereunder or shall fail to observe or perform any of the other terms and conditions
of this agreement whether express or implied the owner may without prejudice
to any pre-existing liability of the hirer to the owner by notice in writing
served personally on the hirer or sent to him by prepaid post to or left at
the above mentioned address of the hirer or at his current or last known business
or private address determine this agreement and upon such notice being so
served sent or left this agreement and the hiring thereby constituted shall
for all purposes determine and thereafter the hirer shall not longer be in
possession of the equipment with the owner's consent and subject to the provision
of clause 9 hereof and any pre-existing liability of the hirer hereunder neither
party shall have any rights against the other.
10.2 if the hirer shall
commit an act of bankruptcy or have a receiving order made against him or
shall make any arrangement with his creditors or any assignment for the benefit
of such creditors or distress or execution shall be levied or threatened upon
any of the hirer's property or any judgement against the hirer shall remain
unsatisfied for more than fourteen day or if the hirer shall abandon the equipment
and thereupon the hirer shall cease to be in possession of the equipment with
the owner's consent and subject to any pre-existing liability of the hirer
hereunder neither party shall have any rights against the other.
11. Upon the termination of this agreement pursuant to clauses 9 and 10 hereof
the owner may without notice take repossession of the equipment and may for
that purpose by himself his servants or agents without previous notice enter
upon and land or premises on or in which the equipment or any of it is believed
by the owner to be situated.
12. The equipment shall remain the property of the owner and nothing contained
in this agreement shall confer or be deemed to confer any interest in the
equipment on the hirer.
13. The hirer shall take the equipment in the condition in which it is at
the date of this agreement and the owner does not in any way represent or
warrant that the equipment is of merchantable quality or suitable or fit for
the particular or any purpose for which it is or may be required.
14. No liability shall attach to the owner either in contract or in ton for
loss injury or damage howsoever sustained by reason of any defect in the equipment
whether such defect be latent or apparent on examination or without prejudice
to the generality of the foregoing in the operation setting up packing away
moving transporting or any like manner where by reason of the presence of
the equipment and loss injury or damage shall be sustained.
15. Any notice given to the hirer under the agreement shall be validly given
if served by any of the methods specified in clause (10) (1) hereof and shall
if sent by post be conclusively deemed to have been received by the hirer
within 48 hours after the time of posting.
16. Where the owner shall supply an operator with the equipment for any purpose
whatsoever including instructing the hirer in the use of the equipment such
operator shall be deemed to be the agent servant or employee of the hirer
and not the owner and the owner shall not be liable for any act, error or
omission of the operator howsoever caused.
17. No relaxation forbearance delay or indulgence by the owner in enforcing
any of the terms and conditions of this agreement or the granting of time
by the owner to the hirer shall prejudice effect or restrict the right and
powers of the owner hereunder nor shall any waiver of any breach hereof operate
as a waiver of any subsequent or any continuing breach hereof. The owner will
not waive (or be deemed to have waived) any rights under these conditions
by accepting the return of equipment or repossessing the same.
18. Film, magnetic tapes, equipment, materials and property ostensibly belonging
to the hirer in the possession or custody of or handled by the owner will
be subject to a lien in favour of the owner for the general balance of all
monies from time to time due to the owner from the hirer.
19. The agreement shall not commence unless and until it has been signed by
or on behalf of the owner
Block Bookings:
1. The terms and conditions of cancellations apply (ie. 72 hours notice and
a cancellation number required)
3. Should the customer need to cancel a session of a block the customer will
be required to book another session to complete the minimum session requirement.
4. Should the customer wish to cancel the block the customer will be required
to refund the discount given on the total sessions used.
5. Should the customer wish to rebook a block it is up to the custmer to do
so. Musicbox Studios staff will do their best to alert the customer to the
fact that their block is coming to an end.
6. Should the customer cancel 5 sessions of a block in a row, Musicbox Studios
reserves the right to cancel the entire block and the customer will be required
to refund the discount given on the total sessions used.
7. Musicbox Studios reserves the right to refuse to book a block and/or give
a block booking discount.
8. Payment terms and conditions apply. In addition Musicbox Studios reserves
the right to a refund of the discount if payment terms are not complied with.