1.1 AV Partners (including successors in title and assigns where the context so admits).
1.2 THE CLIENT shall mean the person, firm or company, (including any servants or agents of any of the aforesaid) negotiating or contracting with AV Partners.
2.1 These general terms and conditions supersede any prior agreements or correspondence and shall govern all business undertaken by AV Partners.
2.2 Any contract shall become effective only upon written confirmation of the order by AV Partners. Acceptance shall be based on the order as submitted by the CLIENT. Any variation in the CLIENT’S order, to be valid, must be expressly acknowledge by AV Partners in writing.”
3. SERVICES REQUIRED
3.1 The CLIENT shall specify to AV Partners the services and equipment required, and in the case of rental, the exact period during which the systems are to be operated, the venue of the conference and the proposed seating arrangement.
3.2 AV Partners reserves the right without notice to substitute suitable alternative equipment in the event that the equipment requested by the CLIENT is for whatever reason unavailable.
4. PRICE AND PAYMENT
4.1 The price indicated for services provided by AV Partners shall be binding. Any additional services requested, e.g. night work, changes or additions to the systems rented/purchased, shall be subject to price increases to be agreed between the parties. Should any expenses arise in relation to any special services listed in the order or otherwise required by the CLIENT, these are estimated to the best of our knowledge at date of quotation and they will be invoiced on the basis of the actual costs incurred. All payments are to be made in advance of the event unless otherwise agreed in writing. All Final Payments to be made and cleared in AV Partners bank account a minimum of ten working days in advance of the event unless otherwise agreed in writing. An advance payment pricing schedule for large events is available on request
4.2 The CLIENT shall not be entitled to make any deduction from payments due to it by AV Partners whether by set-off or for any other reason and AV Partners has no obligation to supply any goods or services when the CLIENT is in arrears with a due payment. All goods remain the property of AV Partners until paid in full.
4.3 All import duties, VAT and other imposts will be for the CLIENT’s account.
4.4 Payment shall be in accordance with the terms indicated in the quotation for rental/purchase of equipment. In default of payment, AV Partners may, as its option, terminate the contract without notice. In the event of such termination all monies due or becoming due hereunder, shall be immediately payable by the CLIENT and interest at the rate of 2% per month above the current lending rate of the Irish Associated Banks shall be charged, both before and after judgement from the date on which payment was due until the date on which payment is received in full by AV Partners . The CLIENT shall be responsible for all costs (legal and otherwise) incurred by AV Partners in recovering payment due hereunder.
4.5 AV Partners will charge interest on overdue payments (other than on a termination pursuant to Clause 4.4) at the rate of 1% per month above the current lending rate of the Irish Associated Banks then prevailing without prior notice of default.
5. CANCELLATION OF CONFERENCE OR EVENT
5.1 In the event of cancellation the agreed rental charges shall be due as follows from the date of cancellation:- three months up to one month notice prior to the conference 20%, 30days to 15 days 50%, 14 days to 3 days 75%, shorter notice 100%.
5.2 Regarding purchase/installations, the client shall be liable for any purchases made on their request/behalf or in good faith where and order has been placed with AV Partners.
5.3 In addition, any costs incurred for third party services or goods and any expenses incurred or losses suffered by AV Partners shall be paid by the CLIENT within seven days of date of invoice by AV Partners and thereafter shall be recoverable by AV Partners as a simple contract debt.
6. CONFERENCE FACILITIES
6.1 The CLIENT must ensure that the conference areas will be available throughout the hours indicated by AV Partners to be required for the set-up and the removal of the equipment. It is the CLIENT’s obligation to have the conference areas ready for the setting-up of equipment, i.e. with facilities for participants, technicians and an area sufficient for placing equipment in the configuration accepted by AV Partners.
6.2 For set-up and removal electricity and lighting must be operative and heating be available.
6.3 AV Partners warrant that the equipment will be operational one hour prior to the agreed commencement of meetings, providing that reasonable time for mounting equipment systems is allowed. Under this agreement AV Partners undertake to operate, service and remove systems and equipment as specified.”
7. LIABILITY OF CLIENT
7.1 The CLIENT shall be liable for, and shall indemnify AV Partners in respect of any loss or damage to any equipment howsoever arising from the time of start of set-up by AV Partners in the conference facility /venue etc… to the end of the conference and removal of equipment by AV Partners. In particular, the CLIENT shall ensure that the conference areas will be secured and will not be used for any other purpose by third parties outside meeting hours.
7.2 AV Partners shall not be liable for any loss or damages caused by third parties on whose assistance AV Partners may have to rely.
7.3 AV Partners does not accept liability for any consequential loss or damage however arising from the supply of equipment and services or any other cause whatsoever and any express or implied condition, statement or warranty, statutory or otherwise, is hereby excluded. The CLIENT shall indemnify AV Partners in respect of all damages or injury incurring to any person, firm, company or property and against all actions, suits, claims, demands, charges or expenses in connection therewith for which AV Partners may become liable in respect of services provided hereunder in the event that the damage or injury shall have been occasioned other than by the negligence of AV Partners.
8.1 It is the CLIENT’s responsibility to secure and take due care of all equipment on hire to the client, and in the case of portable equipment to organise the issue and collection of same (“Equipment”) to participants and to provide staff for that purpose for each conference day.
8.2 In exceptional cases auxiliary staff may be made available by AV Partners, the cost of this service will be specified in the quotation. Regardless of the persons or method employed for the issues and/or collection of portable Equipment the CLIENT shall be responsible in the event of loss of or damage to the Equipment.
8.3 The CLIENT will be issued, prior to the conference, with the agreed number of units and other Equipment against receipt. As soon as possible after the conference the number of units shall be counted and minuted jointly by the CLIENT and AV Partners to determine any loss or damage. When CLIENT is unable or unwilling to participate in this inventory, AV Partners shall proceed in good faith and its determination shall be final and binding on the CLIENT.
8.4 Without prejudice to the liability of the CLIENT hereunder AV Partners, if so requested, assist the CLIENT in organising the issue and return of Equipment by supplying identification cards or similar recording procedures.
9. AV Partners
9.1 Without prejudice to the generality of any previous exclusion or limitation of liability AV Partners shall not be liable for any failure to fulfil any term of any transaction governed by these conditions if fulfilment by AV Partners has been delayed, hindered or prevented by any circumstances whatsoever not directly within AV Partners control.
10.1 AV Partners may terminate any contract under these Conditions forthwith if the CLIENT calls a meeting of creditors or executes any assignment for the benefit of or compounds with creditors being a company, an order is made or a resolution is passed for its winding up (save a winding up for the purpose of a reconstruction or amalgamation) or being an individual commits an act of bankruptcy, commits any breach of these conditions (other than the payment obligation) and continues such breach or permits such breach to be continued for a period of seven days or more.
10.2 AV Partners may terminate any contract under these conditions at any time by giving the CLIENT thirty days notice of such termination and AV Partners shall not be liable to make any payment whatsoever in respect of such termination save the return of the deposit (if any).
11.1 Any waiver by AV Partners of any breach of any of these Conditions shall not constitute or be treated as a waiver of any subsequent breach.
12. SALE OF GOODS ACT
12.1 The contract between AV Partners and the CLIENT or its terms shall not in any way affect the contractual rights which the CLIENT enjoys by virtue of Sections 12, 13, 14, 15 of the Sale of Goods Act, 1893 where the CLIENT deals as a consumer within the meaning of Section 3 of the Sale of Goods and Supply of Services Act 1980.
13.1 All disputes which arise between the parties in connection with these Conditions or the subject matter of any contract thereunder shall be decided by an Arbitrator agreed by the parties, or in default of agreement to be nominated by the President for the time being of the Incorporated Law Society of Ireland.
14. CHOICE OF LAW
14.1 These Conditions and the Contract between AV Partners and the CLIENT shall be subject to and construed in accordance with the law of the Republic of Ireland and the CLIENT hereby irrevocably submits to the jurisdiction of the Irish Courts in relation to all matters of difference hereunder. If any provision of these Conditions shall be held to be void or unenforceable the other terms and conditions shall remain un affected and enforceable.