Terms & Conditions Of Business - Profile Productions








a) Profile Productions supplies on hire (or as otherwise set out in writing) stage and television lighting, stage and special effects and public address systems and components thereof (as set out in writing whether by quotation or other format). Any goods or services supplied by Profile Productions are sold hired or supplied under these Terms and Conditions of Business. Profile Productions reserve the right to substitute or vary all or some of the items of equipment set out in such writing or quotation provided that this does not affect standards of quality and Profile Productions shall not incur any liability to the customer if the equipment does not correspond to its description.
b) Profile Productions reserve the right to use some or all of the venues’ or customers own existing equipment.
c) (i) Profile Productions hire specialist crews to operate equipment supplied by Profile Productions. It is preferable to use crews supplied by Profile Productions because of their specialist knowledge and performance. Profile Productions cannot accept responsibility for the standard of light and sound if the crew is not supplied by them.
(ii) If any person employed at the venue or by the customer is a member of a Trade Union or similar association Profile Productions will be entitled to observe all rules or requirements of such Trade Union or similar association in connection with the work carried out hereunder and any additional expense to which Profile Productions is put as a result shall be payable by the customer in addition to the sums payable hereunder.
(iii) The customer shall indemnify Profile Productions against all loss costs claims damages and other sums payable by Profile Productions due to the unsuitability of the venue or due to lack of control of audiences or the public attending the venue.
(iv) The customer shall make all arrangements with the performers venue and any others concerned to ensure that rehearsals and work carried out hereunder can be made at the time and in the manner agreed between Profile Productions and the customer.
(v) Profile Productions will specify by quotation the equipment and personnel to be supplied and the customer shall ensure that the work to be carried out hereunder does not contravene any laws, bylaws, local national European Union or international working regulations (including but not limited to Health & Safety at Work provisions) both in United Kingdom or overseas at the venues booked by or on behalf of the customer. The Customer will be responsible for any extra expense loss or delay resulting from compliance with such laws or provisions.
(vi) The Customer appoints Profile Productions as agent for the purposes of collecting any sum payable in respect of insurance policy effected either by or on behalf of the customer or any third party under which the customer may claim costs or damages for loss or damage to equipment belonging to Profile Productions or personal injury sustained by an employee of Profile Productions (or any person hired by Profile Productions for whom Profile Productions may be responsible) and the customer authorises Profile Productions out of the sum received from such claim to deduct such loss or damage as Profile Productions its employees or those persons for whom Profile Productions is responsible may have suffered but this clause shall not restrict Profile Productions from pursuing such claim by any other lawful manner and does not limit Profile Productions’ claim to the sum so received.
(vii) Profile Productions cannot guarantee any sight lines.

d) The price set out in any quotation relates strictly to the equipment and crew specified therein or in any equipment schedule thereto. Profile Productions is not responsible for any additional cost made necessary by the venue or place of entertainment such as unusual layout of equipment labour to operate venue’s equipment, supply or connection of electricity or any additional staff required as a result.
e) The customer must satisfy itself that the venue and power supply is sufficient to accommodate the equipment supplied by Profile Productions and set out in any quotation.
f) Profile Productions disclaim any liability for the non-arrival of equipment or crew due to the itinerary not allowing sufficient time for travelling between venues, bad weather or delayed trains ferries etc. beyond the control of Profile Productions.

Profile Productions will not be responsible for any loss, consequential or otherwise, through circumstances outside its control. sausages

a) Payment must be made in full not later than seven days before the engagement unless at the sole discretion of Profile Productions other arrangements are agreed in writing by Profile Productions. VAT is not included in any quotation made by Profile Productions. Where Profile Productions at its discretion grants the customer credit all invoices for goods or services shall become due and payable within 30 days of the date of such invoice. Any due amount unpaid shall carry interest at the rate of 2% per month.
b) Where payment is not made within the period prescribed by these terms Profile Productions shall have an equitable lien or other similar right over any goods or other property whether tangible or intangible of the customer in its possession or under its control whether such possession arose before or after the date for payment under these terms but not so as to create a Bill of Sale under the Bills of Sale Acts or any other registrable charge whatsoever and the customer shall be responsible for and indemnifies Profile Productions in respect of any reasonable costs arising out of Profile Productions’ exercise of it’s lien and rights hereunder including but without prejudice to the generality of the foregoing any storage and removal charges. Where any charges of removal or storage are made by Profile Productions these terms should apply as if they were part of the contract price. The rights and duties arising hereunder are without prejudice to rights that arise out of Common Law.

4) CARE OF EQUIPMENT The customer shall:-
a) Take good care of the equipment and only use it for the purposes for which it was supplied and not part with possession of equipment supplied to any third party without the written consent of Profile Productions.
b) Be responsible for any loss or damage to the equipment from any cause whatsoever while the same is in the customers possession.
c) Not to move the equipment from its siting (unless this is incompatible with the purpose stated in writing or quotation for which the equipment was supplied) or attempt to adjust the equipment or interfere with it or any of its component parts in any way.
d) Shall ascertain from Profile Productions the replacement value of the equipment and arrange all risks insurance thereon at the customer’s own expense.

a) Profile Productions reserve the right to claim any additional expenses properly incurred during the course of the work carried out by Profile Productions but not covered by any quotation.
b) Any price quoted by Profile Productions is based on the prices of services and commodities (hotel prices, meal prices, petrol, oil, garage costs etc.) at the time of the quotation. Should these alter between the date of written acceptance by the customer and the commencement or during the work Profile Productions will be entitled to charge the customer with the increase. Where work is carried out overseas and expenses are subject to fluctuation of exchange rates the additional costs will be borne by the customer.

If the customer cancels in writing work for which a quotation has been given by Profile Productions and accepted by the customer (whether in writing or not):-
a) Not less than seven clear days before the commencement of the work Profile Productions will be entitled to charge one half of the price quoted. In addition Profile Productions shall be entitled to payment for all costs and expenses incurred to that date in respect of the work quoted for. Any charges payable hereunder will become due and owing immediately on receipt of such cancellation.
b) Less than seven clear days before the commencement of the work is due Profile Productions will be entitled to charge the whole of the charges quoted unless Profile Productions is able to mitigate its loss by taking on work of a similar nature in lieu. Any charges payable hereunder will become due and owing immediately on receipt of such cancellation.

In the event off cancellation or breach of any agreement made under these terms after the commencement of the work any deposit or money paid hereunder shall be forfeited to Profile Productions but without prejudice to any other rights and remedies of Profile Productions in respect of such cancellation or breach.

a) In the event of delay postponement or abandonment as a result of any industrial dispute or any cause whatsoever beyond the control of Profile Productions or the customer or in the event of outbreak of war or in the event of national emergency Profile Productions shall be relieved of its obligations under this agreement notwithstanding any rights or remedies Profile Productions may have in respect of work done to the date of such delay, postponement or abandonment.
b) If a performance is delayed postponed or abandoned Profile Productions shall not be liable for any consequential or exceptional loss suffered or any sums payable by the customer as a result thereof and the liability of Profile Productions shall be limited as follows:
i) If such delay, postponement or abandonment is caused by Profile Productions negligence to a refund of the charges made by Profile Productions in respect of that performance and payment by way of liquidated damages of twice the hire charge for that performance or 10,000.00 Pounds Sterling whichever shall be the less
ii) If such delay, postponement or abandonment is caused by Profile Productions failure to comply with its contractual obligations though without any negligence on its part, Profile Productions liability hereunder shall be limited to a refund of the charges made by Profile Productions in respect of that performance.
iii) In respect of delay, postponement or abandonment for any other reason Profile Productions will be entitled to payment in full in accordance with the quotation.

In the absence of special provisions Profile Productions shall be entitled to make delivery of any article which it is liable to deliver by sending the same at the customer’s risk by ordinary C.O.D. delivery by any carrier selected by Profile Productions at their absolute discretion.

Any complaint with regard to the quality or condition of the work carried out or goods supplied by Profile Productions shall be made by notice in writing to Profile Productions within seven days of the completion of such work or the supply of the goods. In the absence of any such complaint within that period such work or goods shall be deemed satisfactory.
With regard to a claim of faulty equipment, Profile Productions reserves the right to authorise a full independent inspection of the equipment in question. A copy of the inspection report will, of course, be made available to the customer. In the event of the inspection clearing Profile Productions of any fault, the customer will be liable for the full inspection fee in addition to the original hire charges. Please also refer to T&C Section 1c (i)

In the event that the work carried out hereunder requires person or persons hired by Profile Productions to go or take equipment overseas the customer will obtain necessary customs or other border clearances or carnets and will ensure that the proper procedures and regulations have been adhered to in relation to Profile Productions’ equipment or personnel hired by Profile Productions (other than passports and personal documents) unless stated in writing or in any quotation. The customer shall also pay all duties taxes or other charges payable under foreign regulations other than those payable by the wilful default of Profile Productions.

a) If the customer as a matter of convenience requests Profile Productions to transport equipment belonging to the customer and for which Profile Productions is making no charge such equipment will be entirely at the customer’s risk and Profile Productions shall not be responsible for any loss or damage even if caused by Profile Productions negligence.
b) In the event that Profile Productions is required to carry any of the customer’s goods or equipment under the terms of this agreement the customer must supply to Profile Productions a schedule of equipment for insurance purposes at least seven days before commencement as otherwise Profile Productions will be unable to insure the goods and Profile Productions will accordingly accept no responsibility.

The counter signatory of any quotation or offer in writing by Profile Productions accepts personal liability of these Terms and Conditions of Business together with any principal whether disclosed or not and on such counter signature and the signature of a properly authorised member of Profile Productions’ staff any quotation shall form a binding contract between the parties. Any quotation made by Profile Productions is valid for 21 days from the date thereof. If it has not been accepted in writing during this period Profile Productions reserve the right to requote.

It is agreed that so far as may be fair and reasonable under the Unfair Contract Terms Act 1977 (or statutory modification thereof) and except such as may have been caused by the negligence of Profile Productions no liability shall attach to Profile Productions either in contract or in part for loss, injury or damage sustained by reason or any defect in the equipment (whether latent or apparent) and Profile Productions should not be liable to indemnify the customer in respect of any claims made against the customer by a third party for any loss injury or damage.

Any quotation by Profile Productions supplied to the customer and these terms and conditions comprise the total agreement between Profile Productions and the customer. If during the course of the work to be carried out hereunder the customer requires Profile Productions or personnel supplied by Profile Productions to carry out additional work the customer must first ascertain that the work to be carried out will comply with all relevant regulations including but not limited to the Health & Safety at Work Regulations and will ensure that the work is covered by insurance. Profile Productions or the staff supplied by Profile Productions shall have the right to refuse to carry out such work if they believe that these terms are not met and such refusal shall be without any liability to Profile Productions for any loss or damage consequential or otherwise to the customer. If such work is carried out it will be at the sole responsibility of the customer and Profile Productions will be entitled to make a fair and reasonable charge for such work.

These Terms and Conditions and this agreement shall be subject to and construed in accordance with the laws of England.

No waiver by Profile Productions of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

a) ‘The customer’ means the person firm or company for whom the work is to be carried out.
b) ‘Profile Productions’ means Profile Light and Sound, Unit 16, Furze Hill Business Centre, Sheepwash Lane, Denmead, Hants
c) ‘Work’ includes all acts and labour expended or equipment used in the course of carrying out the specified overleaf.
d) ‘Equipment ‘ means all apparatus including lights, mixing consoles, wiring, speakers etc, and sausages whether owned by Profile Productions or hired under Profile Production’s control.
e) ‘Venue’ means theatre club hall etc. and all other places where Profile Productions is required to work hereunder.
f) ‘Quotation’ means any document supplied in writing to the customer by Profile Productions specifying the date, time and place or places equipment and price therefore of any work goods or services to be carried out or supplied by Profile Productions.