“AV Direct” shall mean AV Direct cc and reference shall include its servants, agents or contractors or any other person for whose acts or omissions
AV Direct may be liable in law.
“Client” shall mean the entity or person’s name appearing on the Order Form/Quotation/Invoice.
Any reference to the “Equip
2. Terms & Conditions to prevail
The terms and conditions contained herein shall constitute the sole terms of the Agreement between AV Direct 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 management of AV Direct.
3. Warranties & Indemnities
No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise or whether they induced the contract or not, which are not set forth in this Agreement, shall be binding on AV Direct, the client irrevocably waiving any right it may have to rely thereon.
The parties agree that AV Direct 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 and whether or not occasioned by AV Direct’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the foregoing, AV Direct does not warrant that the equipment and / or services will be fit for the purposes for which they are to be used by the client (notwithstanding that the use of which the client intends to put the equipment and services is known to AV Direct).
The client shall have no claim of any nature whatsoever whether for damages, or omission of the contract price, cancellation or otherwise, against AV Direct, its servants, agents or others on whose behalf AV Direct 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 AV Direct, its servants, agents or others from whom it may be liable in law.
AV Direct takes no responsibility for any injury or loss of life during the hire period.
4. Addresses & Notices
The Street addresses supplied by the client on the quotation and order will be regarded as client’s chosen address where notices may be given and documents and legal proceedings may be served.
Client must notify AV Direct in writing immediately if it’s chosen address changes.
Any notice to AV Direct should be faxed to its office and confirmed by telephone with the consultant dealt with at: Fax no. 021 706 6732
Only AV Direct 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.
Accounts are due and payable as prescribed in the quotation and if not so prescribed on presentation of invoice.
Payments are payable by the client to AV Direct in cash, in SA currency without deduction or set off and free of any exchange.
The client shall pay interest on all overdue accounts at the rate of 7% per month.
7. Legal Proceedings / Costs
The client shall be liable for all costs incurred by AV Direct in the recovery of any amounts or the enforcement of any rights which it has hereunder on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if
Judgement has been granted in connection with the enforcement of such Judgement.
Client consents that AV Direct may sue in a Magistrate’s Court, even if its claim against the client exceeds the jurisdiction of the Magistrate’s Court.
8. Breach / Cancellation
Should the client fail, refuse or neglect to make payment of any amounts due and payable in terms of the quotation, AV Direct 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) or 50% of the total quotation / invoice will be forfeited to AV Direct.
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) or 50% of the total quotation / invoice will be forfeited to AV Direct and the balance of the full contract price as listed on the quotation / invoice shall become due and payable by the client.
9. Client’s Obligations
Client shall ensure that all addresses of venues, job dates and equipment specifications are correct.
Client undertakes to provide access to the installation site. If access is not provided and installation is not completed by AV Direct at the stated date, client records that AV Direct will not incur any liability for any delay as a result.
Client shall provide 24 hours’ continuous security for AV Direct’s equipment and staff for the whole duration of the period equipment is supplied to the client by AV Direct. The costs of security will be entirely for client’s account.
The client warrants that all relevant permits or permissions necessary to hold an event have been granted. Client furthermore confirms that AV Direct 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.
Client shall be responsible for any loss or damage to AV Direct’s equipment after erection and installation on site until the equipment is removed by AV Direct. Any damage to equipment will be repaired by a company or entity chosen by AV Direct and the total amount for the repair and any other additional expenses incurred by AV Direct will be invoiced to the client by AV Direct. Lost, Stolen or irreparably damaged goods will be replaced at full retail value at a company/companies or entity/entities chosen by AV Direct and will be invoiced to the client by AV Direct. The client shall have no claims or inquiries whatsoever regarding the repair / replacement procedures of AV Direct
Any damage to; or loss of; AV Direct’s equipment during the hire period or while in the client’s care, will be repaired, or replaced at full retail value if irreparable, at a company or entity chosen by AV Direct and the client will be invoiced for all repairs / expenses by AV Direct.
AV Direct will not be liable for any loss whatsoever, arising out of the non‐delivery or failure of equipment howsoever arising. AV Direct takes no responsibility for any injury or loss of life during the hire period Equipment will always stay the property of AV Direct.
A full daily rate will be payable / invoiced for every day the equipment is returned late.
These terms and conditions will be governed by South African law.
All quotations are only valid for a period of fourteen (14) days of the date stated on the quotation.
All quotations and orders are subject to standard terms and conditions of business.