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BIG BEAT PRODUCTIONS: CONDITIONS OF DRY AND WET HIRE Terminology: Dry Hire is when equipment is removed and returned from BB and setup by the client. Wet hire is where Big Beat Equipment &Services are hired by the client. “Hirer” refers to the client of Big Beat, irrespective of whether the client is a “dry or wet” hirer. 1. For all purposes under this agreement, Big Beat Productions choose domicillium citandi et executandi at 28 Armstrong Drive, Pietermaritzburg, 3201, South Africa. 2. The Hirer similarly chooses domicillium citandi et executandi for all purposes under this agreement at the address stated on the reverse of this copy / below. 3. The equipment shall not be used by the hirer for any other purpose than for which it was designed and hired. In addition, the hirer shall not tamper with the equipment and only authorized representatives of Big Beat Productions shall be entitled to do repair or any other work on the equipment. 4. The Hirer shall not cede, assign, make over or alienate this agreement or any of the rights granted herein without the written consent of Big Beat Productions having first been obtained. 5. The Hirer shall at all times keep and maintain the equipment in good working order and repair, and shall at the termination of the hire period, redeliver the hired equipment to Big Beat Productions in the same good order as existed at time of the commencement of this hire agreement, excluding normal wear and tear. 6. Big Beat Productions reserves the right of access to the hired equipment at all reasonable times during the currency of this hire, either personally or through their appointed agents and / or representatives, for the purpose of inspecting and / or replacing any part of the equipment. 7. The Hirer shall furthermore be under duty to inform the landlord of the venue/s where the equipment is held, that all the equipment has been hired and is therefore not the property of the Hirer. 8. In the event of the equipment or any separate part thereof being lost or stolen, the Hirer shall immediately notify Big Beat Staff if present AND notify Big Beat Productions in writing of such loss or theft which notification is to be delivered by hand to Big Beat Productions domicilium as stated in paragraph 1 hereof, and a receipt obtained for Big Beat Productions shall at its own option replace the equipment with similar equipment in which event this agreement shall continue to apply to the substituted equipment on a mutates matandis the same conditions save that the Hirer shall be obliged to pay Big Beat Productions the current replacement costs of the said equipment. Notwithstanding the loss or theft referred to herein, the Hirer shall continue to pay the rent and perform all such obligations due herein. 9. Notwithstanding anything to the contrary herein contained, Big Beat Productions shall not be responsible or any consequential loss and / or damage that may be sustained by the Hirer for any reason whatsoever, or by reason of the equipment being temporary out of order, and the Hirer hereby indemnifies Big Beat Productions against, and agrees to hold themselves harmless in respect of any claim for any such loss and / or damage that may be made against them by a third party, unless such damage shall be undeniable proved to be due to the negligence on the part of their servants or otherwise. 10. The Hirer shall not have any claim of any nature whatsoever against Big Beat Productions for any failure by Big Beat Productions to carry out any of its obligations under this agreement as a result of vis major, including but without being limited to, any strike, lock-out, shortage of labour or materials, delays in transport, accidents of any kind, or any fault or delay by any sub-contractor or supplier of Big Beat Productions, riot, political or civil disturbances, the elements, any act of state government or any other authority, or any cause whatsoever, beyond Big Beat Productions control. 11. Notwithstanding any express or implied provisions of this agreement to the contrary, any latitude of extension of time which may be allowed by Big Beat Productions to the Hirer is bound to perform to observe in terms hereof, shall not under any circumstances be deemed to be a waiver of Big Beat Productions rights at any time, and without notice to require punctual compliance with each and every term herein. 12. Big Beat Productions shall not be responsible for: a) any breakdown in transport b) electrical failure c) lack of power source d) incompatibility of sound and lighting system e) damage to equipment caused by artist, members of the public and other persons not in the employ of Big Beat Productions whilst the equipment is being used for performance, during installation and dismantling for such performances f) confiscation of equipment by customs officials or police or for the interference by such persons. 13. Big Beat Productions may cancel this agreement if the hirer: a) commits a breach of any of the terms and conditions of this agreement or, b) being an individual, dies or is provisionally or finally sequestrated or surrenders his estate, or c) being in partnership, the partnership is terminated for any reason whatsoever, or d) compromises or attempts to compromise generally with any of his creditors. 14. In the event of it being necessary for Big Beat Productions to institute legal action against the Hirer, Big Beat Productions will be entitled to recover any and all costs including, but without being limited to, lawyers fees and collection commission. 15. Whereas each and every clause of the agreement is sufficiently self-explanatory, it is understood and accepted that it will be regarded as the sole memorial, and any addendum added hereto or variation hereof must be in writing and signed by both parties. BIG BEAT PRODUCTIONS: PAYMENT PROCEDURE 1 Copies of the quote, the conditions of payment document, and the personal details document must be signed and returned via fax within 30 days of the date on the quote. Quotes are valid for 30 days. 2 An official order and order number, or a minimum deposit of 50% is required within 14 days of the event. 3 Cancellations within 14 days or more before the function will be awarded a full refund of the figure in (2) above. Cancellations within 8 – 13 days will be awarded a 50% refund. Cancellations within 7 days will forfeit their deposit. Where order numbers were issued in lieu of a deposit, and cancellations as described above occur, then Big Beat will issue an invoice for the cancellation fee. 4 The hirer is liable for insuring equipment for the duration of the hire period. This may not be necessary if Big Beat Crew are present for the duration of the hire. Big Beat can advise on the value of the equipment for insurance purposes. Alternatively a quote for insuring the equipment can be sourced by Big Beat and be added to the hire contract. 5 Payments must be made into the following account: STANDARD BANK, PIETERMARITZBURG MAIN BRANCH (CODE 057525), ACCOUNT NUMBER 052046028. Fax proof of payment to 033 3944231. 6 Balance of payment is to be made within 24hrs after the event. 7 Payments outstanding over 30 days and more will be subject to 10% interest penalty. 8 Any deviation from the above agreement will need to be negotiated by both parties and will require an amended document to be signed. PLEASE INITIAL HERE /____________(HIRER) PERSONAL DETAILS DOCUMENT TO : Big Beat Productions. ATTENTION : Kevin Liddell FAX # : +27 ( 33) 3944231 TEL # : +27 ( 33 ) 3944426 FROM : (Registed company name) TRADING NAME : (If not the same as above) POSTAL ADDRESS : PHYSICAL ADDRESS : REGISTRATION # OF COMPANY : VAT REGISTRATION # : BUSINESS STAMP: FAX # : ( ) TEL # : ( ) NAME OF OWNER/S : ID NUMBER/S : SIGNED FOR HIRER_______________________ AT _______________________ON ___/_____/20_____ SIGNED FOR BIG BEAT_______________________ AT _______________________ON ___/_____/20_____ WITNESS:__________________________ WITNESS:____________________________
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