Terms and Conditions
Our standard terms and conditions of hire, which are applicable to all orders and hires made through our website are available to view below.
All website users should review our Terms and Conditions of Website Use, and are bound by these terms and conditions as set out in them below. If you do not agree with all of these Terms and Conditions of Website Use, then you are prohibited from using the Scenery Solutions website and you must discontinue use immediately.
For the purposes of these terms and conditions:
- The ‘contractor’ shall refer to Scenery Solutions Trading Ltd, trading as Scenery Solutions.
- The ‘hirer’ shall mean the individual, group, society, or company making a reservation with the contractor.
- The ‘deposit’ refers to our standard non-refundable deposit of 35% of the order value (including transport and other services) at the time of booking.
- The ‘remaining hire costs’ refer to the balance of the remaining cost of the hire once the deposit is deducted and is calculated based the cots of hire at the point in time that this term is required.
- The ‘scenery’ may refer to any scenic items, backcloths, props or other items of hardware and accessories.
All hired items shall remain the property of the contractor unless a contract for sale is agreed.
- Period of Hire
A standard one-week hire will run from Sunday to Saturday (7 days), or in the case of backcloth hire may run Friday to Monday (11 days). The contractor reserves 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, to guarantee availability the hirer will usually have the option of hiring the scenery for the week prior to or following that of the standard period hire at half the main weekly hire charge. In the cases of bookings accepted outside of the standard period of hire, the contractor reserves the right to hire the scenery elsewhere and shall discuss with the hirer any additional charges for weeks prior to or following the standard period of hire prior to accepting another booking for a week prior to or following the hirers booking.
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 by the contractor. This contract will be between the individual(s) named on the form and the hirer (if these are not one and the same) and the contractor. Completion and return of the booking confirmation form indicates acceptance of these terms and conditions of hire. Telephone enquiries or verbal bookings made by the hirer does not constitute a contract of hire. All bookings must be confirmed in writing (including by email).
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, and/or whilst at any intermediary store, for their full replacement value. Failure of the hirer to comply with this requirement will leave the hirer responsible for any losses or damage caused.
- Transport – Hirer’s own
Customers who provide their own transport must have a suitable, closed covered lorry with solid sides and be fitted with suitable load restraints. The driver must check that all the required items have been loaded and sign the delivery note to confirm this. Collections and returns at our premises are to be between 10:00AM and 3:30PM, 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 costumes if the vehicle is not deemed, by the contractor, to be suitable for the purpose. If the scenery is returned on an unsuitable vehicle, any damage caused will be charged to the hirer. When collecting, hirers must ensure that they have suitable load restraints in their vehicle. Any damages caused because of failing to properly secure the load will be charged to the hirer.
- Transport – Contractor arranged
If transport is arranged by the contractor, this may be via a third-party courier or pallet delivery service or delivered in a vehicle supplied by the contractor depending on the size and weight of items. The hirer is responsible for costs of delivery as quoted by the contractor. Once items have been dispatched by the contractor on a courier or pallet service intended to reach the hirer by the start date of the period of hire, any delays in the courier network are outside of the control and the contractor will not be held liable. Delivered in vehicles provided by the contractor will be made with every effort to be at the hirer’s premises at the agreed time but this may be influenced by outside factors (e.g., traffic conditions, weather conditions, unanticipated illness, etc) and the contractor will not be held liable for any delays because of this. If the hired scenery items are being delivered with costume items, then the delivery and collection dates may be moved to coincide with the delivery of these items. This will be discussed with the hirer at the point of booking.
- Shortages and 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 hirer, a member of venue 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. On occasion a set may be delivered directly from another hirer so normal warehouse checks for any damages or missing items may not have taken place.
- Unused items
Any requested items that are supplied and remain unused will be subject to full charges. The hirer must inform the contractor a minimum of 5 working days prior to the start date of the hire period if items are no longer required, after which time items will be charged for at the full price. Items which have been manufactured or purchased specifically for a hirer will be charged regardless of notification period.
- 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’.
- Risk Assessment
Any risk assessment is the responsibility of the hirer.
- 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.
The contractors reserve the right to make any substitutions that may be deemed necessary due to late or non-return, unavailability of items, damage by a previous hirer, or circumstances beyond their control. Where possible, notice of such will be given.
- Alterations, Postponements and Cancellations to Hire
Alterations to confirmed orders will be accommodated wherever possible but cannot be guaranteed unless confirmed in writing (including by email) a minimum of 6 weeks prior to the start date of the hire. Late changes to agreed hire items or addition of extra items cannot be guaranteed but will be accommodated where possible.
Orders postponed prior to shipping or collection will be postponed at no additional cost, subject to availability of the hired items. Where possible the contractor will work with the hirer to postpone hires to dates where the agreed items are available however if this is not possible and items are not available for new dates chosen by the hirer then this will be treated as a cancellation. Orders cancelled or requested to postpone after the hire period has begun are subject to the contractor’s standard cancellation charges for scenery hires, which for orders more than £500.00 (exclusive of VAT) are as follows:
|Cancellation >6 calendar months from the start date of the hire period||Deposit|
|Cancellation 4-6 calendar months from the start date of the hire period||Deposit + 25% of the remaining costs|
|Cancellation 2-4 calendar months from the start date of the hire period||Deposit + 50% of the remaining costs|
|Cancellation 1-2 calendar months from the start date of the hire period||Deposit + 75% of the remaining costs|
|Cancellation <1 calendar month from the start date of the hire period||Deposit + 100% of the remaining costs|
Orders with the value of £500.00 (exclusive of VAT) or less should be discussed with the contractor for cancellation fees.
If items are cancelled following a postponement, the notice period of the original postponement to the original start date of the hire period will be used in the calculation of cancellation fees. Hirers should ensure that their insurance covers charges in the event of cancellation.
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, must not be walked upon, and must not meet any liquid. Please call us for any advice. The supplied stock management tags must remain attached to any hired backcloth and must not be removed. A charge may be levied for replacement if a backcloth is returned without the tags attached.
- Return of Hired Items
The hirer is responsible for ensuring that all the hired items are returned to the contractor’s stores. Where the contractor arranges transport, the hirer is responsible for ensuring that all the items are loaded onto the collecting vehicle or provided to the third-party courier for the return. Where the hirer is returning items by their own transport or collection on the planned date by a third-party courier is refused, the contractor reserves the right to levy charges in respect of late return of the hired items. Please also refer to paragraph headed Transport.
- Payment Terms
For orders with a value over £500 (excluding VAT), a non-refundable deposit of 35% of the order value (including transport and other services) at the time of booking. Settlement of the final invoice for the hire plus other charges will be required within 14 days of the end of the hire period. Late payment may result in interest and other charges being applied.
For orders under £500 (excluding VAT) the full invoice value will be due on booking. Order paid by PayPal or credit/debit card online will be immediately chargeable at the full price of the hire regardless of value.
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.
A fitter for the set can be supplied at additional cost if required. Please contact the contractor for full details and a quotation. This service is not included as standard with delivery of hired items.
If, through failure of the hirer 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.
- 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 third-party couriers and/or hauliers, acts of God, strikes, lockouts, illness, or any other circumstances beyond the contactor’s 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.
- 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
- 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 email@example.com.
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 firstname.lastname@example.org.
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.
9.1 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 email@example.com or by post to:
Scenery Solutions Trading Ltd
Unit 2, Barton Farm Industrial Estate