Terms and Conditions

1. Period of Hire

A standard one-week hire will run from Sunday to Saturday (the contract dates), or in the case of backcloth hire may run Friday to Monday (10 days). Scenery Solutions Trading Ltd (the contractor) reserve the right to make scenery available for hire to any other company or organisation for the week immediately preceding or following that of the contract dates. If, however the scenery is not in use elsewhere, collection or return of the scenery outside of the contract dates will normally be available. If such arrangements are not suitable, the hirer will usually have the option of hiring the scenery for the week prior to or following that of the contract dates at half the main weekly hire charge.

2. Contract

A contract will exist only after the required booking confirmation form has been completed by the hirer and returned to the contractor, or an online order has been placed and either of these have been acknowledged. This contract will be between the individual(s) named on the form (jointly and severally) and the contractor.

3. Insurance

It is a condition of hire that the scenery is insured by the hirer whilst on hire, in the hands of hauliers contracted by the hirers, and/or at the theatre or hall where the production is staged, or any intermediary store, for its full replacement value. All damages and losses other than normal wear and tear whilst on hire will be charged to the hirers, regardless of the cause of the damage. Failure of the hirer to comply with this requirement will leave the hirer responsible for any damage caused.

4. Transport

Customers who provide their own transport must have a suitable, closed covered lorry fitted with suitable load restraints. The driver must check that all the required items have been loaded and sign the checklist to confirm this. Collections and returns at our premises are to be between 10.00 AM and 3.30 PM, Monday to Friday, by arrangement only. Hirers should send at least two able bodied persons to assist with loading. Please also refer to paragraph headed Period of Hire regarding delivery or collection outside the contract dates. If transport of the scenery is arranged by the hirer, the contractor reserves the right to refuse to load the set if the vehicle is not deemed, by the contractor, to be suitable for the purpose. Vehicles must be solid sided with rails and ties so the set can be loaded safely. If the set is returned on an unsuitable vehicle, any damage caused will be charged to the hirer.

5. Shortages or Damages

No responsibility will be taken, or claims entertained for shortages or any items received damaged unless reported to the contractor by or on the first day of the period of the hire. All damages and losses (other than normal wear and tear) will be charged to the hirer(s), irrespective of whether said damage or loss was caused by the Theatre or Hall staff, transport contractors or member of the company or management, or any persons unknown. Each hirer must ensure that no alteration or painting of the hired items whatsoever is undertaken.

6. Fit for Purpose

Hired equipment is only to be used for ‘as originally designed’ (e.g. furniture is not for standing or jumping on). It is the responsibility of the hirer to ensure that goods are ‘fit for purpose’.

7. Risk Assessment

Any risk assessment is the responsibility of the hirer.

8. Electrical items

All electrical items will be fitted with industry standard terminations. These plugs and sockets etc must not be removed, or a re-fitting and a re-testing charge will be made. Should the hirer require a portable appliance test certificate for any item this should be requested in advance, and a testing fee will be payable.

9. Substitutions

The contractors reserve the right to make any substitutions that may be deemed necessary due to late or non-return, or damage by a previous hirer, or circumstances beyond their control. Where possible, notice of such will be given.

10. Alterations or Cancellation to Hire

Alterations to confirmed orders will be accommodated wherever possible but cannot be guaranteed unless confirmed in writing. If the hirer wishes to cancel a confirmed booking for any reason, the contractors will make every attempt to re-hire the scenery to another organisation for the contract dates. Should this not be possible the hire charge (less a deduction in respect of reduced handling costs) will be payable.

11. Backcloths

Backcloths must be re-folded and replaced in their correctly numbered bags for return. A re-folding charge will be made for any cloths returned in the wrong bags or badly folded. Backcloths must be hung in a suitable manor, and not walked on and must not come into contact with any liquid. Please call us for any advice.

12. Return of Hired Items

The hirer is responsible for ensuring that all the hired items are returned to our stores. Where we arrange transport, the hirer is responsible for ensuring that all the items are loaded onto the vehicle for the return. Where the hirer is returning items by their own transport, the contractor reserves the right to levy charges in respect of late return of the hired items. Please also refer to paragraph headed Transport.

13. Payment Terms

For orders with a value over £500 (excluding VAT), a non-refundable deposit of 35% of the total charge will be due on booking. Settlement of the final invoice for the hire plus other charges will be required within 30 days of the first date of the hire period. For orders under £500 (excluding VAT) the full invoice value will be due on booking. Payments made via PayPal or credit/debit card online will be immediately chargeable at the full price of the hire.

14. Flying

All flying wires and associated shackles required for the set shall be supplied by the Hirer. The contractor will only supply set fittings including flying irons. Items with no flying irons fitted are not designed to be flown.

15. Crew

A fitter for the set can be supplied if required. Please contact the contractor for full details and a quotation. This service is not included as standard with delivery of hired items.

16. Non-Compliance

If, through failure to comply with any section above, a further production hiring is disputed, curtailed or missed, the hirer is responsible and will be liable to compensate all parties in full.

17. Force Majeure

Whilst every endeavour is made to fulfil all contracts promptly and efficiently, no responsibility can be accepted or allowances entertained in respect of late or non-arrival of hauliers, acts of God, strikes, lockouts, illness, or any other circumstances beyond the contractors control.

Last updated 31st August 2020

1. Agreement to terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Scenery Solutions Trading Ltd, doing business as Scenery Solutions, located at Unit 2, Barton Farm Industrial Estate, Chickenhall Lane, Eastleigh, SO50 6RP, United Kingdom (we, us), concerning your access to and use of the Scenery Solutions (http://www.scenerysolutions.co.uk) website as well as any related applications (the Site).

The Site provides the following services: Hire of theatrical scenery, props and backcloths (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terns and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7 Additional policies which also apply to your use of the Site include:

• Our Privacy Notice https://scenerysolutions.co.uk/privacy-policy/, which sets our the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy https://scenerysolutions.co.uk/privacy-policy/, which sets our information about the cookies on the Site.
• If you hire or purchase physical goods and/or services from the Site, our Standard Terms and Conditions of Hire http://scenerysolutions.co.uk/terms-and-conditions/ will apply to the sales or hires and use.

2. Acceptable use

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2.2 As a user of this Site, you agree not to:

• Systematically retrieve data or other content from the Site to compile database or directory without written permission from us
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
• Use the Site to advertise or sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
• Trick defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services, or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Site of the networks and services connected to the Site
• Attempt to impersonate another user or person, or use the username of another user
• Sell or otherwise transfer your profile
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
• Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site
• Attempt to access any portions of the Site that you are restricted from accessing
• Harass, annoy, intimidate, or threaten any of our employees, agents or other users
• Delete the copyright or other proprietary rights notice from any of the content
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
• Disparage, tarnish, or otherwise harm, in our opinion, use and/or the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Threaten users with negative feedback or offering services solely to give positive feedback to users
• Misrepresent experience, skills or information about a User
• Advertise products or services not intended by us
• Falsely imply a relationship with us or another company with whom you do not have a rlationship

3. Information you provide us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at enquiries@scenerysolutions.co.uk.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Our content

4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

4.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including modification of the paper or digital copies you may have downloaded.

4.5 We shall (a) prepare the Site and Our Content with reasonable skills and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

4.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Site.

4.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

5. Site management

5.1 We reserve the right at our sole discretion to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

5.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

5.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

6. Modifications to and availability of the Site

6.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

6.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions,  delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates or releases.

6.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

7. Disclaimer/Limitation of Liability

7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set our in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extend permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site's content and are not liable for (1) errors or omissions in the content; (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Condition if such delay or failure is caused by an event beyond our reasonable control.

7.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £100 or (b) the amount paid, if any, by you to use for the Services/Site during the six (6) month period prior to any cause of action arising.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Standard Terms and Conditions of Hire https://scenerysolutions.co.uk/terms-and-conditions/.

If you are a business user:

We will not be liable for you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use or, or inability to use, our Site/Services; or
• use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation or
• any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of any business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
• You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standard office. Nothing in these Terms and Conditions will affect these legal rights.

8. Term and termination

8.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at enquiries@scenerysolutions.co.uk.

8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

8.3 If we terminate or suspend your account for any reason set our in these Terms and Conditions, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. General

9.1 Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

9.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

9.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

9.4 We may assign any or all of our rights and obligations to others at any time.

9.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

9.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

9.7 There is no joint venture, partnership, employment or agency relationship created between you and use as a result of these Terms and Conditions or use of the Site, or Services.

9.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr

9.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the court of England and Wales.

9.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

9.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Service, please contact us by email at enquiries@scenerysolutions.co.uk or by post to:

Scenery Solutions Trading Ltd
Unit 2, Barton Farm Industrial Estate
Chickenhall Lane
Eastleigh
SO50 6RP
United Kingdom