Order Acceptance and Cancellation. 3.1. No order or booking submitted by the Client shall be deemed accepted unless and until Big Picture has issued a Hire Agreement or order acceptance signed on behalf of Big Picture or by some other act of acceptance on the part of Big Picture or unless Big Picture in its discretion waives any such requirement. Big Picture may stipulate payment of an initial deposit(s) as a condition of acceptance or performance. 3.2. Client shall be responsible for ensuring the accuracy of any order but Big Picture reserves the right to make reasonable changes in the manner of performance of the Services to comply with health and safety and other applicable legal requirements. Big Picture will endeavour to provide advance notice of changes required under law where reasonably practicable. 3.3. Following acceptance by Big Picture, Client may not cancel or terminate this Agreement except: 3.3.1. for breach by Big Picture in accordance with clause 11.3; or 3.3.2. with Big Picture’s written consent in which event Big Picture reserves the right to levy a Cancellation Charge equal to a percentage of the Hire Charge calculated as follows: (a) if cancellation is fewer than 60 working days before the commencement date of the supply of Equipment and/or Services, 25% of the Hire Charge; (b) if cancellation is fewer than 30 working days before the commencement date of the supply of Equipment and/or Services, 50% of any Hire Charge that relates to Equipment; plus 100% of labour costs quoted & 100% of any sub hire costs already actioned by Big Picture; (c) if cancellation is fewer than 14 working days before the commencement date of the supply of Equipment and/or Services, 100% of the Hire Charge; [each a “Cancellation Charge”] 3.3.3. In addition to the applicable Cancellation Charge, the Client must reimburse Big Picture for any costs incurred by Big Picture in preparation for the provision of the Equipment and/or Services including, but not limited to, the cost of manufactured items, pre production charges, venue charges and alike.
Appears in 1 contract
Sources: Equipment Hire Agreement
Order Acceptance and Cancellation. 3.1. No order or booking submitted by the Client shall be deemed accepted unless and until Big Picture has issued a Hire Agreement or order acceptance signed on behalf of Big Picture or by some other act of acceptance on the part of Big Picture or unless Big Picture in its discretion waives any such requirement. Big Picture may stipulate payment of an initial deposit(s) as a condition of acceptance or performance.
3.2. Client shall be responsible for ensuring the accuracy of any order but Big Picture reserves the right to make reasonable changes in the manner of performance of the Services to comply with health and safety and other applicable legal requirements. Big Picture will endeavour to provide advance notice of changes required under law where reasonably practicable.
3.3. Following acceptance by Big Picture, Client may not cancel or terminate this Agreement except:
3.3.1. for breach by Big Picture in accordance with clause 11.3; or
3.3.2. except with Big Picture’s written consent in which event Big Picture reserves the right to levy a Cancellation Charge equal to a percentage of the Hire Charge Charges calculated as follows:
(a) if cancellation is fewer than 60 working days before the commencement date of the supply of Equipment and/or Services, 25% of the Hire Charge;
(b) if cancellation is fewer than 30 working days before the commencement date of the supply of Equipment and/or Services, 50% of any Hire Charge that relates to Equipment; plus 100% of labour costs quoted & 100% of any sub hire costs already actioned by Big Picture;
(c) if cancellation is fewer than 14 working days before the commencement date of the supply of Equipment and/or Services, 100% of the Hire Charge; [each a “Cancellation Charge”]
3.3.33.3.1. In addition to the applicable Cancellation Charge, the Client must reimburse Big Picture for any costs incurred by Big Picture in preparation for the provision of the Equipment and/or Services including, but not limited to, the cost of manufactured items, pre production charges, venue charges and alike.
Appears in 1 contract
Sources: Equipment and Services Agreement