Terms and Conditions

Performances

Definitions

In these Terms and Conditions the supplier means: Aerial Cirque Ltd. 'Goods’ means the articles, equipment or goods to which these Terms and Conditions of payment relate.‘Services’ means the services to which these Terms and Conditions of payment relate.'The client' means the recipient of the goods and services who's name appears on the cost estimate, quotation, purchase order, contract, or electronic correspondence.
Client acceptance of a quotation or cost estimate issued by the supplier to include verbal, voice-mail, written letter, text, social media message or electronic mail, the invitation or request to invoice, the provision of billing details or the issue of a purchase order or order number will be legally considered as acceptance of our Terms and Conditions.Terms of Payment.

a) Payment of the non refundable deposit becomes due immediately upon issue of the deposit invoice. The deposit payment must be made immediately upon receipt of the invoice by the client and must received as CLEAR FUNDS in the suppliers account before the issue of H&S documentation by the supplier. Payment of the balance becomes due 30 days from the date of the balance invoice, unless a written agreement is signed by the supplier confirming a variation to the payment period.

b) EU: If payment is not made on the due date the supplier will have the statutory right to charge interest and debt recovery costs under the European Communities (Late Payment in Commercial Transactions) Regulations 2012. https://europeanlaw.lawlegal.eu/late-payments/Additionally the supplier reserves the right to demand the full balance be payable and to cease credit terms on all outstanding invoices and to suspend the supply of goods and or services until the position is corrected to the suppliers satisfaction.

c) UK: If payment is not made on the due date the supplier will have the statutory right to charge interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002). This can be as high as the base rate set by the Bank of England + 8% https://payontime.co.uk/late-payment-legislation-interest-calculators Additionally the supplier reserves the right to demand the full balance be payable and to cease credit terms on all outstanding invoices and to suspend the supply of goods and or services until the position is corrected to the suppliers satisfaction.

d) Time for payment shall be of the essence. No payment shall be deemed to have been received until the supplier has received cleared funds in its account.

e) Please phone or write to us if you would like to make any alterations to your confirmed booking. Alterations will only be valid if agreed by us in writing. All prices are subject to change at any time with the exception of confirmed bookings. There may be additional travel/delivery costs outside our area these will be confirmed at time of booking).


Cancellation

We must receive written notification if you wish to postpone or cancel your booking. In the event of cancellation the following charges will apply:

  • Cancellation more than one month prior to the booking date – 50% of the full fee payable

  • Cancellation more than one week prior to the booking date – 75% of the full fee payable

  • Cancellation less than one week prior to the booking date – 100% of the full fee payable.

Liability

Aerial Cirque shall not have any liability to the client for any loss, damage, costs or expenses which the client suffers or incurs arising out of the event unless arising out of gross negligence or wilful misconduct of Aerial Ciruqe, its employees or suppliers.The client undertakes to indemnify and keep indemnified Aerial Cirque in respect of any damage to property or any other loss of any nature whatsoever that Aerial Cirque may suffer as a result of any act or omission of the client or its guests as the event. Aerial Cirque will not be liable to the client for any loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatsoever even if Aerial Cirque shall have been advised as to the possibility thereof. Except in respect of death or injury to persons arising from negligence, Aerial Cirque’s liability to the client arising by or in connection with this Agreement shall in any event be limited to the estimated or final booking value. Accidental damage to the property at the event should be covered by the clients own insurance and no claim will be accepted by Aerial Cirque which hereby excludes any liability for any such loss. Aerial Cirque does not accept any liability and shall not be liable for non completion of the event or for any delays arising as a result of:1) Bad weather 2) Artist or technician illness or injury 3) Loss, damage or cancellation due to fire, floods or any other cause beyond its reasonable control 4) State funerals and days of public mourning 5) Strikes, riots or lock outs affecting any trade with which Aerial Cirque is concerned.


Parking

When travelling by road the client is to provide loading and on-site parking facilities for the duration (unless parking is already quoted for above). Any costs or parking penalties incurred as a result of these facilities not being available will be charged to the client in addition.


Technical work shifts

Our maximum rigging/production working shift is 10 hours to include a minimum of 2 x 1 hour breaks. All work required over the 10 hour threshold and up to 15 hours would be charged as a shift and a half (1.5 shifts), all work required over the 15 hour threshold and up to 20 hours will be charged as a double shift unless a variation to these terms is agreed in advance. b) Where separate travel days have not been quoted for, loading & travel time to and from the venue will contribute towards the shift allocation.


Rates

Shift rates given on any cost estimate or quotation by the supplier do not cover any work on any type of 'Broadcast Media' including and not limited to film, television, online or social media channels used to promote any brand, product or service unless specifically stated at the time of the initial enquiry. If any part of any installation, work, or performance carried out by the supplier is to be used for any type of broadcast media then BECTU (Broadcasting, Entertainment, Cinematography, Theatre Union) rigging, wire, and usage rates will apply.


Pre-production

Our administration charge does not include the provision of CAD plans or any form of engineering/structural survey or advance testing that may be required.


Per Diems

Per Diems would be charged at €40 (EU) or £30 (UK)  per person per day if required to stay overnight or any part of any day when required to work outside of Dublin, Ireland.


Accommodation

Where accommodation has not been quoted for, single room hotel accommodation (minimum 4 star) per technician or artist with en-suite facilities and within close proximity to the venue is to be provided and paid for by the client if required to stay overnight and may also be required if working up until or past midnight. Please note we do NOT accept twin or shared accommodation.


Travel & Freight

Where travel has not been quoted for above and when required, the client will pay for Return fares/freight from the point of origin (unless a variation is agreed in advance). All transfers, excess baggage (if required) and any associated visa/permit, carnet or duty costs for all technicians/artists and equipment must also be provided or paid for by the client. Train/ferry fare quotes will always be based on an OPEN return.


Hire Equipment

The Client will keep the goods insured with an insurance company of good repute against loss or damage from all risks (including third party risks). The Client shall notify its insurers that the goods are on hire from the Supplier and procure that the Supplier is named as a loss payee, shall on demand show to the Supplier the policy of insurance, the premium receipts and insurance certificate and shall not use or allow the goods to be used for any purpose not permitted by the terms and conditions of the policy of insurance or do or allow to be done any act or thing which may invalidate the insurance. If the Client defaults in the payment of any insurance premium the supplier may pay such premium and the client shall immediately reimburse the supplier. The client shall indemnify the supplier against all loss arising to the supplier from damage to or destruction of the goods including losses not covered by insurance and amounts payable by way of excess on insurance claims. Where any event or accident occurs which is covered by the clients insurance, the client shall immediately notify the supplier thereof, shall not compromise any claim without the consent of the supplier, shall (where the supplier so requires) allow the supplier to take over the conduct of the claim(s), and shall, at its own expense, bring such court proceedings as the supplier shall direct. Any proceeds of a claim or proceedings under shall be held on trust for the supplier and shall be paid to the supplier in accordance with the suppliers instructions. If any goods are declared a total loss, the hire thereof shall terminate. In such event, the supplier at its discretion, shall apply insurance proceeds towards (i) a replacement of similar value and specifications (deemed to be included immediately as hired goods hereunder) or (ii) payment of compensation to the supplier for loss of profit suffered as a result of the loss of those goods.

The supplier may repair goods accidentally damaged and be reimbursed by the client, failing which the client shall be liable to arrange and pay for repairs and shall continue to pay rental during the repair period.The client will pay to the supplier 30 days after a total loss of any goods all arrears of Rental (including apportioned Rental for any broken period) and the replacement value of the goods as at delivery, but taking into account any modifications or improvements and compensation to the supplier for the loss or destruction of or damage to the goods. Use of hire goods/equipment: the client shall not without the prior written consent of the supplier use the goods other than for the Permitted Purpose as defined by the supplier in the method of work statement. The client agrees that it will not without the prior written consent of the supplier modify, deface or move the goods. Any modifications made shall become part of the goods and shall be the property of the supplier. Duties of the hirer/client: The client shall ensure that the goods are operated properly and safely by appropriately skilled operators to the satisfaction of the supplier. Deliver the goods to and collect the goods from any maintenance or repairing agent approved by the supplier and pay all associated costs (including transport).

Indemnify the supplier against all losses, fines and penalties arising out of the clients non- compliance with any law or regulation relating to the goods (together with the suppliers related costs or expenses) and the suppliers costs and expenses associated with any change to the goods required by law or requested or carried out by the client (including supply and fixing of parts).

Pay for any damage to the goods resulting from the improper use of the goods by or the negligence of the client or any person permitted by the client to use the goods. Not sell, assign, mortgage, let or otherwise dispose of or part with possession of any goods or part thereof nor attempt or purport to do so.

Take all necessary steps at its own expense to retain and recover possession and control of any goods of which it loses possession or control.

Permit the supplier or its authorised representatives at all reasonable times to enter the premises where any goods may from time to time be to inspect and test it.

Notify the supplier of any change in the clients address.

Be solely responsible at its own cost for regularly checking the proper condition and functioning of the goods and cleaning its exterior, promptly repairing damage (with the suppliers consent) and keeping accurate records of servicing and accord credit to the supplier in a manner to be agreed between the parties in any of the clients programmes, productions, advertising or other promotional materials.


Insurance

Aerial Cirque holds public liability insurance. All sub-contractors will also hold individual PLI. If additional insurances are required by the client, it must be stated prior to the booking, costs for any additional premiums levied will be charged to the client.

Please note: Our insurers will NOT name individuals or organisations in respect to indemnity, our policies state 'indemnity to the principal’.