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Showtec Sound & Light Limited Terms & Conditions...

All equipment supplied and/or installed may be commissioned only if all services are connected and conform to all current regulations and current legislation. Unless our agreed works encompass the provision of such services it is the sole responsibility of the Customer to establish this and if in doubt, to contact the supplier of such services

The Customer will not use any equipment until authorised by such a contractor and shall immediately deal with, procure or otherwise comply with any requirement or request of such contractor. .

Unless our agreed works encompass the provision of such services all suitable and necessary services and connections of the correct specification and capacity to include water supplies electrical power points, sockets, gas supply taps, connectors, waste, or ventilation shall be provided by the customer prior to delivery and/or use of any equipment. SHOWTEC will not make any modifications. If in doubt the Customer will consult a local approved contractor.

SHOWTEC will provide technical specification details only on written request.

Unless our agreed works encompass the provision of such advice SHOWTEC will not and do not purport to advise upon technical matters relating to services, waste, air conditioning or extract etc, outside their direct business

  1. 1 DEFINITIONS
    1.1 "Agreement" means these Terms together with the terms of any Agreed Quotation given by SHOWTEC;
    1.2 "Customer" means the organisation or person who purchases goods and services from SHOWTEC;
    1.3 "Agreed Quotation" means a statement of work, quotation, Agreed Quotation of costs or other similar written document recording or describing the works goods and/or services to be provided by SHOWTEC;
    1.4 "SHOWTEC" means SHOWTEC Sound + Light Limited
  2. GENERAL
    2.1 These Terms shall apply to all contracts for the supply of works, goods and/or services by SHOWTEC to the Customer unless varied in writing by any Agreed Quotation . No variation to these Terms shall be binding unless agreed in writing between the Customer and a duly authorised representative of SHOWTEC.
    2.2 Before the commencement of the works or services or any supply of goods SHOWTEC shall submit to the Customer an Agreed Quotation which shall specify the goods and services to be supplied and the price payable. The Customer shall notify SHOWTEC immediately if the Customer does not agree with the contents of the Agreed Quotation. All Agreed Quotations shall be subject to these Terms.
  3. PRICE AND PAYMENT
    3.1 The price for the supply of goods and/or services shall be as set out in the Agreed Quotation. Unless otherwise agreed in writing SHOWTEC shall invoice in advance against the Agreed Quotation prior the supply, delivery or commencement of any work
    3.2 Invoiced amounts shall be due and payable upon delivery of any invoice unless otherwise agreed in writing without any set off or other deductions whatsoever.
    3.3 SHOWTEC shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4.00% per annum above the base rate of Lloyds/TSB Bank subject to a minimum rate of 8% pa
    3.4 In the event that a Customer shall agree an Agreed Quotation and pay the required deposit but shall thereafter be unable to pay the balance of the sum due upon that Agreed Quotation – or any other Agreed Quotation – than SHOWTEC shall be entitled in its discretion to cancel that or any other Agreed Quotation without liability to the Customer and to retain the whole of the deposit on account of its costs losses and expenses.
    3.5 Payments made by the Customer shall be received and allocated by Showtec in respect of the invoices rendered to which they relate and once so received and allocated such shall be deemed final. Unless Showtec shall thereafter agree in writing the Customer will not be permitted to purport to reallocate any payment to any other invoice.
  4. SPECIFICATION OF THE GOODS
    4.1 All goods shall be required only to conform to the specification in the Agreed Quotation. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of SHOWTEC or of any of it’s suppliers and no representation written or oral, correspondence or statement shall form part of the contract.
    4.2 The design of any goods to be supplied may be subject to variation at any time without notice.
  5. DELIVERY
    5.1 The date of delivery of any goods or services specified by SHOWTEC is an estimate only. Time for delivery shall not be of the essence of the contract and SHOWTEC shall not be liable for any loss, costs, damages, charges or expenses of the Customer caused directly or indirectly by any delay in the delivery of the goods or services.
    5.2 All risk in any goods shall pass to the Customer upon delivery.
    5.3. Agreed Quotations are provided strictly subject to SHOWTEC’s ability to secure parts labour materials or products from any relevant third party.
    5.4 Agreed Quotations instructing despatch in consignments with a nett invoiced value exclusive of VAT of £1500 and over are despatched carriage paid to destinations within the mainland United Kingdom. Carriage is charged at cost to destinations in Northern Ireland, the Isle of Wight, Channel Islands, Isle of Man and the Scottish Isles. Agreed Quotations to an invoiced value below £1500 are subject to a carriage charge at cost to all UK destinations. Costs of carriage resulting from special instructions, eg Red Star, Air Freight, Special Messenger, etc, will be chargeable.
  6. TITLE
    6.1 Title in any goods shall not pass to the Customer until the SHOWTEC has been paid in full for the goods and services. SHOWTEC will only pass such title as it may have and shall notify the Customer of any title held or claimed by third parties of which it is aware. The Customer is specifically prohibited from parting with or purporting to confer title upon any third party during any period of credit that SHOWTEC may agree:
    6.2 SHOWTEC reserves, in accordance with Section 19 of the Sale of Goods Act 1979, the right of disposal of the goods and retains all rights and title to any goods delivered to the customer under any contract so that the customer will hold the goods as bailee for SHOWTEC until payment in full of (a) all sums due from the customer on any whatsoever (whether such sums are due on delivery or are the subject of any credit agreed or granted for any period thereafter) and (b) any other sums due from the customer at the date of delivery on any other account. SHOWTEC may for the purposes of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
  7. CUSTOMER`S OBLIGATIONS
    7.1 To enable SHOWTEC to perform its obligations under this Agreement the Customer shall:
    7.1.1 co-operate with SHOWTEC and do all things necessary to afford unfettered access to any premises;
    7.1.2 provide SHOWTEC with any information reasonably required by SHOWTEC;
    7.1.3 Unless our agreed works encompass the provision of such services, the Customer shall obtain all necessary permissions and consents which may be required before the commencement of the works or services; or delivery of any goods and do all things necessary to configure any premises or the fixtures fittings and other equipment therein to allow the efficient and safe use of any goods supplied and 7.1.4 comply with such other requirements as may be set out in the Agreed Quotation or otherwise agreed between the parties.
    7.1.5 do all things necessary to permit the installation and safe use of any goods or equipment supplied by SHOWTEC
    7.2 The Customer shall be liable to compensate SHOWTEC for any expenses incurred by SHOWTEC as a result of the Customer’s failure to comply with Clause 7.1.
    7.3 Without prejudice to any other rights to which SHOWTEC may be entitled, in the event that the Customer unlawfully terminates or cancels the works goods and services agreed to in the Agreed Quotation, the Customer shall be required to pay to the SHOWTEC as agreed damages and not as a penalty the full amount of any third party costs to which SHOWTEC has committed and in respect of cancellations on less than five working days’ written notice the full amount of the goods and services contracted for as set out in the Agreed Quotation, and the Customer agrees this is a genuine pre-Agreed Quotation of the SHOWTEC’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause.
    7.4 In the event that the Customer or any third party, not being a sub-contractor of SHOWTEC, shall omit or commit anything which prevents or delays SHOWTEC from undertaking or complying with any of its obligations under this Agreement, then SHOWTEC shall notify the Customer as soon as possible and:
    7.4.1 if applicable, the timetable for the project will be modified as necessary; and
    7.4.2 SHOWTEC shall be entitled to claim for additional costs.
  8. ALTERATIONS TO THE AGREED QUOTATION
    8.1 The parties may at any time mutually agree upon and execute new Agreed Quotations. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the revised Agreed Quotation, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
    8.2 The Customer may at any time request alterations to the Agreed Quotation by notice in writing to SHOWTEC. On receipt of the request for alterations SHOWTEC shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
    8.3 Where SHOWTEC gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise SHOWTEC by notice in writing whether or not it wishes the alterations to proceed.
    8.4 Where SHOWTEC gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Agreed Quotation shall be amended to reflect such alterations and thereafter SHOWTEC shall perform this Agreement upon the basis of such amended terms.
  9. WARRANTY
    (Showtec shall have no obligation to the Customer or to (where applicable) any third party in respect of warranties for any goods works or services supplied until and unless all its invoiced charges shall have been paid in full)
    9.1 SHOWTEC warrants that any services performed under this Agreement shall be performed using reasonable skill and care, and conforming to generally accepted industry standards and practices.
    9.2.1 Except as may be precluded by law or as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services to be provided by SHOWTEC. No liability will be accepted by SHOWTEC for goods or services which the Customer claims are not of such a standard unless a written claim is made within fourteen days of the date of receipt of the goods or delivery of the services.
    9.3 SHOWTEC shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for:
    9.3.1 any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by its negligence, employees or agents or otherwise) which arise out of or in connection with the supply of the goods and/or the services or their use or resale by the Customer, except as expressly provided in these Terms; and/or
    9.3.2 any sum exceeding the value of goods or services to be supplied.
    9.4 Every article SHOWTEC supplies is inspected before leaving the works and everything possible is done to ensure first class material and workmanship. Goods found defective will be repaired, credited or replaced without charge, according to the terms of this, SHOWTEC’s standard guarantee, provided written notice is made within the guarantee period. In no case will SHOWTEC be liable for repairs made without its knowledge or sanction, or for indirect damage, or any consequential loss or expenses incurred by purchasers.
  10. INDEMNIFICATION
    The Customer shall fully indemnify SHOWTEC against all claims, costs and expenses which SHOWTEC may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement,
  11. LIMITATION OF LIABILITY
    11.1 Subject to the provisions of clause 9, except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of SHOWTEC to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
    11.2 In no event shall SHOWTEC be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or SHOWTEC had been made aware of the possibility of the Customer incurring such a loss.
  12. TERMINATION/RETURNS
    Either party may terminate this Agreement forthwith by notice in writing to the other if:
    12.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
    12.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
    12.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an Agreed Quotation to that effect;
    12.4 the other party ceases to carry on its business or substantially the whole of its business; or
    12.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
    12.6 No goods may be returned without SHOWTEC’s consent having been previously obtained in writing and any such returned equipment shall be credited at the invoiced price less a handling charge of 25% thereof, provided that after inspection at SHOWTEC such equipment is found to be in an unused and undamaged condition. In the event of use or damage, SHOWTEC shall compute a reconditioning charge which will be deducted from the otherwise applicable credit.
    12.7 SHOWTEC reserves the right to refuse countermands or cancellations, which cannot be accepted in the case of goods in process of manufacture special order or ready for despatch. Cancellation can only be accepted subject to a cancellation charge amounting to a 25% of the nett invoice price on standard products and 75% on special products (ie those not shown on the published price lists)
    12.8 In no circumstances shall SHOWTEC be required to accept the return of any goods obtained or manufactured to the Customers specific/bespoke design or requirements.
  13. FORCE MAJEURE
    Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
  14. INDEPENDENT CONTRACTORS
    SHOWTEC and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. SHOWTEC may, in addition to its own employees, engage sub-contractors to provide all or part of the works or services being provided to the Customer and such engagement shall not relieve SHOWTEC of its obligations under this Agreement or any applicable Agreed Quotation.
  15. ASSIGNMENT
    The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of SHOWTEC.
  16. SEVERABILITY
    If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
  17. WAIVER
    The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
  18. NOTICES
    Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Agreed Quotation or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered within two working days.
  19. ENTIRE AGREEMENT
    This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
  20. NO THIRD PARTIES
    Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
  21. GOVERNING LAW AND JURISDICTION
    This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

To download a copy of our standard Director's Personal Guarantee.