Terms & Conditions - Restless Bear Promotions

Restless Bear Promotions

Terms & Conditions

Last updated: 11th December 2019 Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://restlessbear.com website (the “Service”) operated by Restless Bear Promotions (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Restless Bear Promotions and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Restless Bear Promotions. Restless Bear Promotions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Restless Bear Promotions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Hire Terms

 

  1. Hire periods All dry hired equipment must be returned or made available for collection at or before the time agreed. For each day or part day it remains outstanding the hirer will be charged the daily hire rate for each outstanding item, or the total of consequential losses attributable to its late return.

  2. Payment i. Hire fees for dry hire equipment including deposits must be made in full at or before the time any equipment is received by the hirer by BACS , cash on the day only & we will produce an invoice once the service is completed ii. Invoiced clients in advance (must be pre approved by us first) will need to clear outstanding fees within 7 days of the invoice date. Late payments will incur. A Deposit of £200 will be taken and released within 48 hours once the equipment is checked . We will also charge delivery fees based on the location if you take out an install service. You will be notified of this before we accept the order.  Cheque payments are not a preferred method for payment for hire customers and is currently only available if pre-approved by us.

  3. Deposits and ID i.The full amount of any deposit(s) that are paid are non refundable if any item is lost, stolen or damaged. (also see 10) ii. Identification must be provided by the hirer when dry hiring equipment. ID will be retained by us until the return of all equipment. Exceptions may include:-where equipment is delivered to a hirer’s home address, council authorities, company representatives and previous known clients. (If ID is not made available, equipment will not be dry hired). Any or all deposits are taken at our discretion and we reserve the right to ask for a full deposit to the value of the goods. The hirer must have substantial insurance in place to cover the full cost of any loss or damage to the equipment while on hire or whilst being transported.

  4. Ownership A hirer cannot export, sell, lease, lend, sub-hire, modify (speaker drivers are checked) or dispose of any equipment, furthermore the location of all equipment must always be made known to us.

  5. Cancellation of an agreed hiring i. Where we receive less than 14 days notice of cancellation, you are liable to pay the full amount of the agreed hire fee. ii. Where we receive more than 14 days but less than 31 days notice of cancellation, you are liable to pay 75% of the agreed hire fee. *PLEASE NOTE we do not issue refunds under any circumstances and all payments should be made knowing that these are non refundable. We have never cancelled or failed to turn up for an event we have been engaged for. In an event that we cannot fulfil an engagement, our liability is limited to the cost of alternative hire, subject to a maximum of the fee we have agreed with you. We will not be liable to you for any other direct or consequential losses. Our liability is also limited by giving you notice, in the same proportion and applying the same periods we apply to your liability to us (see 6 below), and by force majeure.

  6. Force majeure We will not be liable for any failure to supply a product or service where that failure is wholly caused by an event beyond our control that we could not reasonably anticipate, forestall or prevent. This may include (but is not limited to) acts of war, terrorism, extreme weather conditions, or natural disasters. Where any public authority advises that only essential journeys should be undertaken, any product or service we supply shall not be considered essential.

  7. Condition of equipment We check the condition and operation of all equipment before it leaves us. The equipment will be provided in full working order, as detailed on the hire sheet and in good physical condition. On accepting delivery you agree that it is in good condition and fully operational. Any discrepancies or faults must be reported within 1 hour of receipt of the equipment hired by calling the company number 07508048035. You will need to speak to us and explain what the faults are, you may leave a voicemail if you have made many attempts to communicate with us but emails, text messages and land line phone calls are not accepted when reporting any faults. We reserve the right to substitute your hire item(s) & provide you with a like-for-like exchange should your product be faulty or not available.

  8. Use of equipment It is the hirer’s responsibility to ensure equipment is suitable for the purpose intended, and is used safely and legally. Anyone appointed to operate or supervise equipment must be competent to do so (and received appropriate training where required). Equipment may only be used within manufacturer guidelines. Any misuse of equipment entitles us to its immediate recovery without notice or penalty, and may result in further action by us if it has been tampered with or damaged. Any instruction to “turn down” or “turn off” given by an authority (i.e. police or local council representative) must be followed immediately and maintained. The hirer will be liable for any consequential losses due as a result of failing to observe such instructions given by appointed authorities.

  9. Service and repair No service or repair is to be attempted with the exception for serviceable fuses and lamps. User-replaceable parts (fuses or lamps) may be replaced with manufacturer specified parts. The removal of panels or panel screws invalidates manufacturer’s warranty, and the hirer is liable for the full cost of replacing equipment where evidence of such is found.

  10. Lost or damaged equipment Unless it arises from our own actions of negligence, a hirer is liable to us for the whole costs of replacement and any consequential losses, due as a result of damage, theft or loss that occurs during the period of hire (including that resulting from any third party’s use of our equipment). All prepaid deposits will also be forfeited. If no deposit has been made you are agreeing and giving us the full entitled right to debit / charge any debit or credit card which has been used to make payment upon hire. Where hired equipment is returned ”non working” damaged / faulty or broken in any way we reserve the right to charge debit or credit cards up to 14 days after the date of hire to give time to eliminate whether it was due to malfunction of the equipment or misuse by the hirer.

  11. Equipment failure All equipment hired from us is tested to be electrically safe and is fully operational, it is of a professional standard and is kept maintained. Catastrophic failure is unusual and unlikely. However, we cannot accept liability for any direct or consequential losses arising from equipment failure which is beyond our control. Any discrepancies or faults must be reported within 2 hours of receipt of the hired equipment by calling the company landline number 07508048035 ”7. Condition of equipment” for more information.

  12. Electricity supply Generators of any sort must NOT be used to supply electrical power to any item of our equipment without our expressed permission. The unauthorised use of any generator entitles us to its immediate recovery without notice or penalty, and will result in further action by us if damage is caused due to the use of a generator that has provided an inadequate power supply. All of our hire equipment needs a 240v / 50hz within +3% or -3% of that value (Please see 10 above)

  13. Equipment dimensions All equipment dimensions & weights are available upon request. If you are unsure about the equipment you intend to hire and you’re worried about the hire items not fitting into your car, van, truck or other means of transport please contact us before hand and we will be able to give you the dimensions & weights.

PLEASE NOTE:

When making payment you are agreeing and entering into this contract, you also agree to comply with all of our terms set out above. We do not require your signature only payment but you may be asked to sign a copy if you are collecting the equipment from us. If you are unsure about any of the above or have any questions please contact us before making any payments.

Contact Us

If you have any questions about these Terms, please contact us.

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