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STANDARD TERMS AND CONDITIONS OF BUSINESS
- Interpretation
- "Strike" shall mean Strike Productions South Africa (Pty) Limited, registration number 1993/02919/07.
- "Client" shall mean the entity or person's name appearing on the order form.
- Any reference to the "equipment" and "services" shall mean the equipment and services listed in the quotation and supplied to the client in
terms of this Agreement.
- Quotations
- All quotations are valid for 14 days from the date of quotation.
- It is the clients responsibility to check the quote and ensure that it is correct in all respects.
- Confirmations
- A quote is only confirmed when an official order / purchase order is received and with the signed covering letter by the Client and the
payment terms below are fulfilled.
- Equipment
- Equipment is provided on a daily rental basis and shall be delivered in good and serviceable working order with the required cabling to allow
connection to the site's available power facilities at the time required by the client.
- Any additional equipment requested by the Client on site that does not appear on the quote will be charged for.
- All additional equipment requested is subject to availability.
- All connections shall conform to legislated electrical standards and where three phase distribution is used, an electrical Certificate of
Compliance shall be provided.
- Where a Certificate of Compliance "COC" is not provided by the client then Strike will arrange for an independant and sub contracted duly
authorised individual to provide one and a fee charged for this.
- Strike shall at all times comply and adhere to standards as laid down by the Occupational Health and Safety Act of South Africa.
- Once installed, the Client may not under any circumstances remove, reposition, relocate or re-calibrate any of Strike's equipment that has
been rented to the client unless agreed to by Strike or its duly authorised representative in writing.
- Personnel
- Strike shall provide competent technical personnel to install, commission and operate the equipment at a stipulated daily fee.
- Personnel are supplied within the stipulations laid down by the South African Department of Labour and personnel shall be afforded all rights
regarding work periods, meal breaks and overtime.
- Rates for Personnel are quoted an a daily rate that takes into account the anticipated event requirements regarding hours of work.
- Should any work period require extension due to on site circumstances outside of Strike's control which affect Strike's ability to complete the
required scope of work in the allocated time, then Strike reserves the right to charge overtime for its employees.
- Personnel "S&T" appears as "Crew Allowances" on Strike's quotation. If removed from the quote by the Client, then meals and
refreshments for personnel in accordance with Labour Legislation shall be provided for by the Client.
- A meal and break for every five hours worked.
- Should Meals and refreshments not be provided, Strike shall provide same and recover these costs from the client at a rate of R150 excl
VAT per day per Crew member.
- Medical assistance will be provided by the client from the start of the load in until the completion of the load out.
- The client is responsible for ensuring that Strike's crews have access to water and clean toilet facilities from the start of the load in until the
completion of the load out.
- Power Supply
- Strike cannot be held liable for equipment failure or non performance of any nature arising from shortcomings in the availability of stable and
appropriate power supply available on the site.
- It is the Client's responsibility to ensure that adequate power supply is available.
- Should the client not be able to provide adequate power as detailed above, Strike shall arrange and provide the required adequate power.
Any and all costs associated with this shall be invoiced to the client and Strike's normal markup on sub contract equipment shall be
applicable.
- Clients Obligations
- Client shall ensure that all addresses of venues, job dates and equipment specification are correct.
- Client undertakes to provide access to the installation site. If access is not provided and installation is not completed by Strike at the stated
date, Client records that Strike will not incur any liability as a result, and the Client will be liable for the full quoted amount.
- Client shall provide 24 hours continuous security for Strike's equipment for the whole duration of the period equipment is supplied to the
client by Strike and is responsible for any losses incurred fue to theft or any other incidents outside of Strike's direct control. The cost of
security will be entirely for Client's account.
- The Client is responsible for any losses or breakages of equipment arising through incorrect operation or lack of due care by the Client, its
agents or any other party not in Strike's direct employ.
- The Client warrants that all relevant permits or permissions necessary to hold an event have been granted. Client furthermore confirms that
Strike shall in no way be required to apply or obtain any permit or permission from any authority or person whatsoever in order for it to
comply with its obligations in terms of this Agreement. If the necessary permissions have not been granted and the event does not take
place, the Client will be liable for the full quoted amount.
- Client shall be responsible for any loss or damage to Strike's equipment after erection and installation on site until the equipment is removed
by Strike.
- Non Delivery and Equipment Failure
- In the event of electronic failure, Strike shall within a reasonable period, repair or replace any failed components or items.
- Strike cannot be held liable for damages arising out of the failure of equipment which is not due to negligence on Strike's part.
- This includes but is not limited to incorrect operation of supplied equipment by the Client, it's agents or any third parties not employed by
Strike.
- Strike cannot be held responsible for failures or non-delivery of equipment or services due to circumstances arising which are out of Strike's
control or that arise through no fault of Strike.
- This includes but is not limited to shortcomings on power availability on site and the prevention of free access to the site in the agreed set up
periods in order to complete the required work on schedule.
- Sets - These terms relate to the set portion of the quotation (if applicable)
- In the event of rain and / or water the equipment may not be operated, should the Client require the equipment to be operated in such
conditions, the Client hereby idemnifies Strike with regards to any damage whatsoever that may occur to the equipment, set and items of
set.
- Strike will only store a set or item/s for a period of seven (7) days after an event. In the event of the client requiring Strike to store the set or
item/s for a period longer that seven (7) days, Strike must be notified in writing before the confirming of the quotation and all cost relating to
the storage shall be for the Client's account.
- In the event of the Client wanting to own the set or item/s after the event, the Client is required to notify Strike in writing before confirming
the quotation. All such sets and item/s shall remain the property of Strike until the Client account is paid in full. All quotations are only valid
for fourteen (14) days after the quote date stated on the quotation.
- Payment Terms - Credit Customers Approved
- Only Clients that have been approved for Credit and have been through a Credit Vetting Process are Credit Approved Customers, all other
customers ar Cash Customers.
- The quotation and services actually provided shall be reconciled upon completion and a final invoice will be issued within 48 hours of the
event.
- At the end of the month the Client will receive a statement of invoices issued during the month which will be payable 30 days from statement
date without deductions and free of any exchange.
- Strike reserves the right to charge interest on late payments at a rate of 2% per month compounded monthly.
- Any amount of whatsoever nature due by the Client to Strike shall be proved by way of a Certificate signed by the Directors of Strike, which
Certificate shall constitute proof of the amount of the Client's indebtedness.
- Payment Terms - Cash Customers
- Cash Clients are Clients that are not approved Clients and unless it has been agreed with Strike that you are an approved customer you are
a cash customer.
- A 50% deposit is required to confirm any equipment rental or personnel booking.
- A 50% balance payment is required before installation of all equipment and before commencement of the event. If the necessary payments
have not been made and as a result the event does not go ahead, the Client will be liable for the full quoted amount.
- The quotation and the services actually provided shall be reconciled upon completion and a final invoice will be issued within 48 hours of the
event and the balance is payable on presentation without deductions and free of any exchange.
- Strike reserves the right to charge interest on late payments at a rate of 2% per month compounded monthly.
- Any amount of whatsoever nature due by the Client to Strike shall be proved by way of a Certificate signed by the Directors of Strike, which
Certificate shall constitute proof of the amount of the Client's indebtedness.
- Breach / Cancellation
- Should the client fail, refuse or neglect to make payment of any amounts due and payable in terms of the quotation, Strike shall be entitled
in addition to any other rights or remedies it might have in law to:-
- Immediately cancel the Agreement on written notice;
- Remove its equipment without hindrance;
- Institute an action for damages.
- If this Agreement is cancelled by the Client for any reason whatsoever, more than seven (7) calendar days prior to the booked date, the
deposit (if any) will be forfeited to Strike.
- If this Agreement is cancelled by the Client for any reason whatsoever, less than seven (7) calendar days prior to the booked date, the
deposit (if any) will be forfeited to Strike and the balance of the contract price as listed on the quotation shall become due and payable by
the Client.
- Any charges for specific custom manufactured or procured items to which Strike is committed at the time of cancellation shall be charged in
full
- Warranties and Idemnities
- No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise or whether they indced the
contract or not, which are not set forth in this Agreement, shall be binding on Strike, the Client irrevocably waiving any right it may have to
rely thereon.
- The parties agree that Strike shall have no liability in respect of any injury, loss or damage (direct/indirect or consequential) arising out of the
use of, or inability to use, any of the equipment and services. Strike shall only be liable for any direct injury, loss or damage is such
occurred due to Strike's gross negligence provided that Strike shall not be liable for any indirect, special or consequential loss, expense or
damage. For the purpose hereof, any reference to Strike shall include its servants, agents or contractors or any other person for whose acts
or omissions Strike may be liable in law.
- The Client shall have no claim of any nature whatsoever for damages, or omission of the contract price, cancellations or otherwise, against
Strike, its servants, agents or others on whose behalf Strike will be liable, in respect of any loss or damage sustained by the client of any
nature whatsoever or any damage caused to the assets of the Client or assets kept on its premises by any third parties or in regard to the
Client's business or sustained by any of its customers, howsoever caused, (gross or otherwise), act or omission of Strike, its servants,
agents or others from whom it may be liable in law.
- Terms and Conditions to prevail
- The terms and conditions contained in the quotation order and herin, shall constitute the sole terms of the agreement between Strike and
the client.
- No amendment or consensual cancellation of the Agreement, extension of time, waiver or relaxation or suspension of any of the provisions
or terms of the Agreement shall be binding on the parties unless recorded in writing and signed by an authorised representative of Strike.
- Cession
- Only Strike shall be entitled, without notice to the client, to cede and assign its rights and obligations which it may have in terms of this
Agreement to any third party.
- Legal Proceedings / Costs
- The Client shall be liable for all costs incurred by Strike in the recovery of any amounts or the enforcements of any rights which it has
hereunder on an attorney and own client scale and costs of counsel as on brief or whether incurred counsel as on brief whether incurred
legal proceedings or if judgement has been granted in connection with the enforcements of such judgement.
- Client consents that Strike may sue in a Magistrate's Court, even if its claim against the Client exceeds the jurisdiction of the Magistrate's
Court.
- Whilst we hold comprehensive Insurance cover for Public Liability and Equipment Loss or Damage in the RSA, the Client remains liable for
Insurance excess payments up to a maximum of R20,000.00.
- General
- These terms and conditions will be governed by South African law.
- The Client consents to Strike making inquiries about the Client's credit record with any credit reference agency and any other party to
confirm the details relevant to this Agreement. Strike may also provide credit reference agencies with regular updates regarding how you
manage your account, including your failure to meet agreed terms and conditions.
- All quotations and orders are subject to standard terms and conditions of business and can only be varied in writing by Strike.
- Equipment availability can only be confirmed at the time of our receiving your acceptance of this quotation.
- Should there be adverse weather conditions such as rain which would result in damage to equipment, the equipment cannot be operated. If
the client insists on the equipment being operated, then they will be liable for any equipment damaged.
- Strike has the right to interrupt the set up, performance and load out of their duties in the event of inclement weather or any other conditions
they deem hazardous to any person or persons. Any such interruption, postponement or cancellation of these services will not effect
Strike's compensation.
- Addresses and Notices
- The street address supplied by the client on the quotation and order will be regarded as the Client's chosen address where notice may be
given and documents and legal proceedings may be served.
- Client must notify Strike in writing immediately if it's chosen address changes.
- Any notice to Strike should be addressed to it's head office at:
42 Kyalami Boulevard, Kyalami Business Park
Kyalami
1684
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