Terms & Conditions 

1. DEFINITIONS

(a) "the Company" – PSB Music Ltd.

(b) "the Customer" – the client, person, firm or company entering into the Contract with the Company.

(c) "the Services" – all processing, recording, mixing, replaying, editing, transferring, lighting design, system design, performance, production and/or other services carried out by the Company, and the supply of the Finished Products by the Company.

(d) "Customer's Materials" – all audio and video tapes, reels, cassettes, discs, plans or other materials of any nature provided by the Customer to the Company.

(e) "Finished Products" – all audio and video tapes, reels, discs, artwork, printing or other materials of any nature produced by the Company pursuant to the Contract.

(f) "Customer's Client" – means a person, firm or company authorised by the Customer to place orders for the Services and/or the Finished Products with the Company.

(g) "the Contract" – the agreement between the Company and the Customer for the supply of the Services by the Company.

 

2. APPLICATION OF TERMS

These terms of business shall, subject to any additional or alternate terms agreed to in writing by the Company, constitute the entire Contract and shall govern all orders for the Services to the exclusion of all other terms (whether those of the Customer or otherwise) and of all representations written or oral made by or on behalf of the Company.

 

3. ORDERS

Subject to clause 4 below, the Company shall, during the period of the Contract carry out the Services in accordance with the full, legible and concise written orders placed by the Customer and by Customer's Clients duly authorised by the Customer. The Customer shall be liable for the payment of all charges due to the Company under the Contract, and where any Customer's Clients place orders with the Company they shall be deemed to be acting as agents for the Customer and both they and the Customer shall be personally liable for the payment of all charges in respect of those orders.

 

4. ACCEPTANCE AND CANCELLATION

Notwithstanding anything to the contrary in these terms or elsewhere, the Company shall be under no liability in respect of orders for the Services placed by the Customer or by the Customer's Clients until it shall have accepted such order either expressly or implied by commencing the Services. On the cancellation of any order by the Customer or the Customer's Client within 24 hours before the relevant Services are due to commence, then unless the Company is able to mitigate its loss it shall be entitled to make a cancellation charge to cover its loss which shall be deemed to be up to the full amount of the charge which would have been made had the Services been carried out. With production capacity fully committed we are progressively less able to replace lost business the closer cancellation or postponement comes to the confirmed dates. The following charges reflect this.

Prior to confirmation of project booking:

Instructions to prepare a creative outline/storyboard or system design prior to confirmation of project booking will be charged at 10% of the estimated / quoted total budget and any consultation and/or subcontractor fees.

After confirmation of booking:

(a) 33% of the quoted budget, if cancelled or postponed 60 days or more from the first date of the event.

(b) 66% of the quoted budget, if cancelled or postponed 59 – 31 days from the first date of the event.

(c) 100% of the quoted budget, if cancelled or postponed less than 30 days from the first date of the event.

Cancellation or postponement of production personnel will result in charges to the Customer at the discretion of the Company. Customers are reminded to advise their insurers of this contingency.

 

5. CHARGES

(a) Unless otherwise agreed in writing the charges for the Services will be those published on the Company's web site at the date of delivery of the Finished Products. The Company reserves the right to alter without notice the terms of the said prices at any time during the subsistence of the Contract.

(b) The Company will give due consideration to any alleged case of incorrect invoicing to the Customer provided that the Customer gives written notice of such an event to the Company within 7 days of the date of the Company's invoice.

(c) All charges exclude VAT and, where relevant, VAT will be paid by the Customer against delivery by the Company of the necessary VAT invoices.

 

6. TERMS OF PAYMENT

Unless the Company requires full or part payment in advance, the Customer shall pay in full all charges under the Contract before delivery of the Finished Products. Where a credit account has been established for the Customer, payment shall be made by the Customer by the end of the month following the date of the Company's invoice, or by the date shown on the Company's invoice, whichever shall be the earlier date. In payment, time shall be of the essence and payments by post are at the risk of the Customer. Any credit account facilities granted to the Customer may be withdrawn at the discretion of the Company, whereupon the outstanding balance will be paid immediately and in full. Without prejudice to any other of its rights the Company reserves the right to charge interest on the outstanding balance of all overdue accounts, as set out in clause 4.

 

The Company reserves the right to charge interest & claim compensation of interest under the Late Payment of Commercial Debts (Interest) Act 1998. The current applicable rate of interest is 8.5%. p.a

 

7. GENERAL LIEN

Without prejudice to its other rights against the Customer and/or the Customer's clients, the Company shall have a general lien on the Customer's Materials and on the Customer's Finished Products for any sums owed by the Customer and/or the Customer's Clients to the Company and shall have the right, if any part of such sums shall remain unpaid at the expiration of fourteen days after giving notice to the Customer or as the case may be the Customer's Clients requiring payment therefore, to dispose of such Customer's Materials and Finished Products as it thinks fit, including the sale and/or erasing of tapes and discs for re-use, and to apply the proceedings of sale or re-use in or towards payment of such sums.

 

8. CUSTOMER'S MATERIALS

On completion of the Services or on earlier termination of the Contract the Company shall, unless otherwise agreed between the parties, return all Customer's Materials in its possession to the Customer by such means as is appropriate, and at the Customer's expense and risk. If the Customer's Materials are not to be returned they shall, by prior arrangement, be stored by the Company at the Customer's risk for such time as may be convenient to both parties.

 

9. CUSTOMER'S OBLIGATIONS

The Customer shall:

(a) supply to the Company such of the Customer's Materials as the Company decides are necessary to carry out the Services to a professional standard.

(b) ensure that all Customer's Materials supplied to the Company conform with the specifications laid down by the manufacturer of equipment used by the Company and shall be liable for (and where relevant shall indemnify the Company against) any damage caused to such equipment and any damage, personal injury, death or loss (consequential or otherwise) caused by or by the use of the Customer's Materials.

(c) ensure that no material supplied to the Company is defamatory or in any way infringes the rights of any third party, and the Customer shall indemnify the Company in full against any loss or liability arising from the control, possession or publication of such material by the Company.

 

10. DELIVERY

Unless otherwise agreed the Company shall deliver the Customer's Materials and Finished Products as directed by the Customer and the Customer shall pay the Company's delivery charges as appropriate at the time of delivery. Risk in Finished Products passes on delivery to the Customer, the Customer's Client, or a carrier or other person acting on behalf of the Customer or Customer's Client. The Company shall not be liable in any way for loss or damage to, or for any delayed, defective or non-delivery of the Customer's Materials or the Finished Products. Unless formally specified, the Company does not contract to complete any order at any specified time, although it will make its best endeavours to meet completion date requirements. The Company will not be liable for any loss or damage resulting from delivery after the indicated completion date, nor is the Company responsible for any delays occurring subsequent to the Finished Products and/or Customer's Materials leaving the Company's premises.

 

11. LIABILITY

(a) Subject to (b) below, the Company does not accept any liability whatsoever for loss or damage arising from any delay in carrying out the Services or from defects in the Finished Products caused by faults in the Customer's Materials, and the Company gives no warranties (expressed or implied) as to the state, quality, merchantability or fitness of the Finished Products.

(b) If within 7 days after delivery of the Finished Products the Customer returns any defective Finished Products to the Company, where such defects arise as a result of the negligence of the Company, its servants or agents in carrying out the Services, the Company will replace the relevant items or remedy the defects at its own expense but shall not otherwise be liable in any way in respect of any defect in the Finished Products or any defective or non-performance of the Services.

(c) the Company endeavours to ensure the security of its premises and the materials in its possession, but its charges do not reflect the value of the material recorded on the Customer's Materials, and accordingly the Company shall not be liable for:

(i) any loss of or damage to the material recorded on the Customer's Materials, whether as a result of the negligence of the Company or its servants or otherwise.

(ii) any failure to perform the Services, or any loss or damage to the Customer's Materials as a result of any circumstances beyond its reasonable control including (but not limited to) trade disputes, fire, theft, chemical reaction, equipment breakdown, power failure or normal deterioration of films, tapes and disks.

(iii) an amount in excess of the aggregate sum payable under the Contract unless the parties have agreed in writing on any other sum.

 

12. PERSONAL INJURY

The Company will not accept any Liability arising from accidents to Customer’s employees and sub-contractors at the venue. Neither shall the Company accept any liability for accidents to any third parties working directly or indirectly for the Customer provided however that the Company shall not exclude Liability for negligence for which they are responsible.

Verbal or posted warnings at the site shall constitute fair warning of any hazards to life and limb, where reasonable, and will remove further Liability from the Company in the event of any failure to comply with such warnings.

 

13. HEALTH AND SAFETY

The Company takes its health and safety responsibilities extremely seriously. To this end, the Company will use its best endeavours to provide a safe working environment in all its activities for our Customers, our Customers’ clients, our employees and the general public. The Customer, the Customer’s personnel, sub-contractors and agents will observe all statutory regulations of the Health and Safety At Work Act together with any additional requirements specific to working practice at the venue or site. The Company will, if necessary, enforce such Health and Safety practices as required by any particular contract or location at home or abroad.

 

14. EXCLUSIONS: LIABILITY, NON-COMPLETION OF CONTRACT

Whilst the Company will make every effort to complete this contract to the time scale and schedule set out in writing, in the event of non-completion of the staging of this event on the dates specified, the financial liability of the Company is strictly limited to the total value of goods and services supplied.

No other liability is accepted for other costs or losses incurred by the Customer as a result of non-completion of this contract.

The Company shall not be responsible for any delays in the completion of this contract caused by the default of the Customer’s personnel in complying with a jointly agreed production time scale.

It is a condition of contract that where any Customer undertakes to stage an event or project in any overseas location, risks are associated with the delivery of equipment and the provision of services within the specified period of the event due to the circumstances of international operational conditions. The Company will use its best endeavours to avoid unwanted foreseeable circumstances, but reserves the right to invoice the Customer for all services undertaken, but not completed, due to these international operating risks. Customers should ensure that they are insured to meet this contingency.

The Company reserves the right to withdraw from any contract where physical hazards may exist on location or apply a surcharge to cover additional insurance under these conditions if necessary.

In the event of non-confirmation of contract for any reason, the Company will charge such costs as may be proportionate to work undertaken.

 

15. LIABILITY INSURANCE

A copy of our current insurance policy is available for inspection by arrangement at our business address. We advise Customers to satisfy themselves that their own insurance cover adequately protects their interests for any event.

 

16. PRODUCTION PERSONNEL

For production personnel contracted on a daily basis, daily is equal to 10 hours or part thereof including travel time to and from point of origin unless otherwise specified and agreed in advance.

It is the responsibility of the Customer to provide correct information in relation to all aspects of works to be carried out by production personnel. The Company holds no responsibility to check any information given. Any failure resulting from incorrect information is the responsibility of the Customer.

Written confirmation is required in advance to confirm any booking of production personnel. Any agreed changes made to contracted work of production personnel within 24hrs of commencement, on commencement or during contracted time, require written confirmation within 24 hours of project completion.

Any related production expenses met by production personnel will be recharged with a 15% handling fee. Unless otherwise specified and agreed in advance.

Accommodation for production personnel is the responsibility of the Customer. All accommodation provided must be to an acceptable standard i.e. washing facilities with hot and cold running water. Clean and hygienic toilet facilities. Clean, dry and comfortable sleeping arrangements for single occupancy, free from extreme atmospheric conditions. Unless otherwise specified and agreed in advance.

Production personnel will attend with required tools where practical. Any damage, loss or theft caused by the Customer or third party not employed by the Company will be charged to the Customer for the full replacement value plus costs, unless otherwise specified and agreed in advance.

Any safety / specialist clothing or equipment is to be provided by the Customer, unless otherwise specified and agreed in advance. The Company will not be held responsible for any failure to carry out contracted work due to miss information or failure of provision on the part of the Customer.

All travel expenses incurred by the Company production personnel are the responsibility of the Customer unless otherwise specified and agreed in advance.

In the event of production personnel using their own vehicle to travel to and from a place of work or connecting transport (i.e. Airport / Train Station) to an event, a charge of 40 pence per mile will apply. In addition, any costs for fuel, parking etc will be recharged with a 20% handling fee, unless otherwise agreed in advance.

Any design, moral or intellectual property and creative input provided by the Company production personnel remains entirely the property and copyright of the Company unless otherwise agreed in advance.

 

17. EQUIPMENT

The Company reserves the right to change any equipment specification without prior notice.

All insurance for equipment is the responsibility of the Customer unless an arrangement has been made between the Company and the Customer prior to the event.

The Customer is responsible for any claims as a result of injury, liabilities or losses together with any associated costs (unless they are the direct result of the Company or person/supplier employed by the Company).

Damage or loss caused by the Customer or third party not employed by the Company will be charged to the Customer for the full replacement value plus costs.

The Company holds no responsibility for –

(a) Unlawful damage or theft of equipment, which in turn has any adverse effect on any event.

(b) Any unforeseen failure of equipment during an event i.e. lamp failure, radio interference etc

(c) Loss of power resulting in equipment failure when provided by a venue or third party not employed by the Company.

(d) Malfunction of equipment at the hands of the Customer or third party not employed by the Company.

(e) Equipment loss or damage in transit by unofficial supplier or the Customer.

(f) Damage to equipment caused by venue imperfections.

 

18. COPYRIGHT AND PERFORMING RIGHTS

The Company undertakes to provide the Services on the express condition that the Customer holds the copyright in, or has the full authority of the copyright holder in respect of the use of the Customer's Materials, and the Customer will ensure that the use of the Customer's Materials and/or the provision of the Services by the Company shall not infringe the rights of any third party as to copyright, registered design, trade marks, patents or otherwise, nor be itself or cause the Company to be in breach of any statute, regulation or order, and shall indemnify the Company against all costs, claims, expenses, loss and damage (consequential or otherwise) incurred by the Company in the provision of the Services whether by reason of such infringement or breach or by defamation or otherwise.

Copyright obtains on all material originated by the Company, but not so as to transfer any rights in the copyright material owned by the Customer or any third party.

The creation of any original material for an event remains the copyright of the Company at all times.

The Company, in contracting to create new material, agrees to assign this material for an event as a performing license only. All other rights are reserved by the Company, but will not be unreasonably withheld for future use by the client on payment of an additional license fee (subject and excluding any rights owned by a third party)

The Company also reserve the right to re-license any of the Company’s original material to any other individual or organisation following the performance and/or staging of the contracted event.

The Company reserves all rights on the use of its original material in any form of reproduction.

The audience will be made aware of the copyright originator and owner (on screen, on programme or otherwise).

 

19. CLIENT CONFIDENTIALITY & SECURITY OF INFORMATION

Any material provided by the Customer to the Company is regarded as confidential until the publication and distribution of the event production schedule or conference master script. Thereafter, the security of the Customer’s information at any location is the full responsibility of the client.

The Company will comply with The Data Protection Act and other statute laws that may be in force.

 

20. TERMINATION

The Company shall have the right at its own action (but without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to terminate the Contract in toto or as to any order placed pursuant to it, or to suspend performance of any of its obligations hereunder if:

(a) any sum owing to the Company under the Contract is overdue for more than 30 days

(b) the Customer is in breach of Contract

(c) the Customer goes into liquidation (whether voluntary, compulsory or under supervision) or enters into any compromise or arrangement with or for the benefit of its creditors, has a receiver appointed over any of its assets or undertaking, or

(d) any dispute arises over the Customer's copyright or its authority to permit the Company to use the Customer's Materials.

 

21. ENGLISH LAW

These terms of business may be subject to confirmation, addition and amendment on formal quotation. This Contract shall be governed and constituted in accordance with the Laws of England.

 

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PSB Music Ltd

4–6 Canfield Place
London
NW6 3BT


info@psbmusic.com
info@psbvision.com 


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