Bable & Co. (Audio Guest Book) TERMS AND CONDITIONS current as of 1st January 2023
Under the following terms and conditions, we permit you to use our services. By paying your Invoice and meeting its Charges, you agree to be bound by these terms and conditions.
We are Bable & Co., a trading name of Adam Prescott Photography Ltd, a registered company in England and Wales - 11745176 (the "Owner").
You are: Anyone who rents Equipment and/or uses the Owner's services ("Customer").
1. Definitions
Unless the context requires a different interpretation, these definitions apply:
"Charges" refers to the cost of hiring and encompasses all costs associated with this agreement.
"Equipment" refers to the item described in the Invoice that is the subject of this agreement.
"Hire Period" refers to the timeframe during which you are permitted to possess the Equipment.
The term "invoice" refers to the document provided by us that details the Fees and Services you will receive.
"Services" refers to the Equipment rental and any other services we provide to you under the terms of this agreement.
"Postal System" the company we use to deliver and return the equipment
1.1 We own the Equipment and rent it to you during the Hire Period in exchange for a Fee. You may not use the Equipment in a manner inconsistent with our ownership of it. If you do so, you will be in violation of this agreement.
1.2 The Rental Period is as specified on the Invoice, beginning with delivery and ending with return.
1.3 The Invoice is a solicitation of employment. We are not legally bound until you make payment per the instructions.
1.4 These terms and the Invoice constitute the entire agreement between us and supersede all prior agreements, guarantees, warranties, representations, and understandings, whether written or oral. By paying the invoice, you agree to the terms outlined in this document.
1.5 Upon delivery of the Equipment into your possession, the Equipment is immediately at your risk. This means you are responsible for its maintenance. The Customer assumes the risk of loss, theft, damage, or destruction of the Equipment during the Hire Period and any additional term during which the Equipment is in the Customer's possession, custody, or control until the Equipment is returned to the Owner.
2. Delivery
2.1 Delivery will be made to a predetermined, mutually agreed upon location. You are responsible for ensuring someone is present to accept delivery.
2.2 If you, the Customer, are not present, delivery may be accepted by other parties present.
2.3 We require 48 hours to arrange delivery prior to your hire date.
2.4 Delivery may be made to a ParcelShop or similar location upon request.
2.5 Zonal postage charges (Zones as defined by Parcelforce) The Highlands and Islands of Scotland – postcodes IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17- 26, PH30-44, PH49-50, ZE, AB31,AB33-38,AB45,AB52-56,FK17-21 are subject to a £15 extra charge and Northern Ireland, Isle of Man and Isles of Scilly – postcodes BT, IM, TR21-25 are subject to a £25 extra charge.
3. Return
3.1 Using a pre-paid shipping label, the item will be returned to us.
3.2 You must ensure that the guest book is taken to a Post office as soon as practicable following the hire and within 2 days. You must obtain a proof of postage when dropping the guest book off.
3.3 If you have opted for courier collection of the guest book, then you must ensure someone is available on the agreed date to give this to the courier – this is an all-day service and a collection time cannot be given.
3.4 If you, the Customer, are unable to return the Equipment as agreed, you may be liable for any resulting loss of earnings. And will be charged at a rate of £25 per day until the guest book enters the postal system - you are not liable for delays caused by the postal system.
3.5 If you fail to return the Equipment in its original packaging, you will be charged replacement fees.
3.6. You must return all items sent to you including any personalised signs as these are for hire, not sale.
4. Prices
4.1 All Charges are detailed on the invoice and subsequent invoices.
4.2 All payments must be made on time card payment or bank transfer, as indicated on the Invoice.
4.3 All payments must be made in GBP.
4.4 If additional fees are necessary, we will inform you of the reason and amount.
5. Cancellation terms
You have the right to cancel this agreement under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 ("the Regulations"). You may exercise your right of cancellation under the following terms:
This agreement becomes effective on the date that you pay the Invoice.
As required by the Regulations, details of our after-rental service and, if applicable, guarantees are included with these terms and conditions.
Aside from your right to cancel, the termination of this contract will be governed by the terms outlined in this agreement.
5.1 The Invoice will be refunded in full if the Owner is notified of the cancellation no later than 15 weeks prior to the start of the Hire Period.
5.2 If the Owner is notified of a cancellation within 15 weeks of the start of the Hire Period, a 50% refund of the Invoice will be issued.
5.3 If the Owner is notified of a cancellation within 2 weeks of the start of the Hire Period, no refund is available.
5.4 In the event of rescheduling, a 25% fee of the Invoice will be assessed if the Owner is notified no later than 15 weeks before the Hire Period.
6. Equipment not as ordered
6.1 We will use reasonable efforts to ensure that the Equipment conforms to its description on the Invoice; and the Equipment is of satisfactory quality and/or suitable for its intended use.
6.2 Upon receiving the Equipment, you must immediately inspect it to ensure that it conforms to the Invoice, is of suitable quality, and has arrived in a safe, clean, and usable condition.
6.3 If you discover a defect in the quantity or quality of the Equipment you must notify us immediately.
6.4 We endeavour to provide you with your first or second colour choice per the booking form, if at the time of dispatch this is not possible then an alternative colour will be supplied. If this is not suitable this will not constitute a breach of this agreement, and so no refund will be available.
6.5 The passage of 24 hours after accepting the Equipment upon delivery shall be conclusive evidence that you have inspected the Equipment and found it to be in good condition, complete, and suitable for its intended purpose in every respect.
7. Equipment handing and faults
7.1 You must notify us immediately of any operational issues with the Equipment.
7.2 We will provide assistance to resolve any operational issues with the Equipment.
7.3 If we agree that the Equipment is defective, you may terminate the rental agreement. In any case, we will reimburse you for any time the Equipment is inoperable.
7.4 We shall not be liable for any additional event expenses resulting from Equipment failure.
7.5. Should the recordings are lost due to file corruption or equipment failure we will offer at your choice a credit to the full amount or a refund less the cost of postage at the current rate - this only applies where the instructions have been followed correctly and the phone was fully charged prior to use.
7.6 If you have been negligent in the care or use of the Equipment, you will compensate us for a replacement of the same quality Equipment, without depreciation or use deductions.
7.7. We are not responsible for the number of messages left, nor the content of them.
8. Other customer obligations
You agree to the following:
8.1 To setup and use the equipment in accordance with the instructions provided.
8.2 Do not transport the Equipment to any unapproved location, and especially not to a foreign country unless agreed.
8.3 Refrain from using the Equipment for illegal purposes.
8.4 Preserve the Equipment's safety, maintenance, and repair.
8.5 Return the Equipment to us in the same condition as when you received it, in the same packaging and case.
8.6 No attempts may be made to service or repair the Equipment.
8.7 No disassembly attempts are permitted for any reason.
8.8 You may not rent our Equipment for any other purpose than to create an Audio Guest Book from an event.
9. Loss or damage caused
9.1 To the extent permitted by law, the Customer assumes all risk of loss, theft, damage, and destruction of the Equipment resulting from any cause, including acts of God.
9.2 The Customer acknowledges that the Owner shall not be liable for any loss or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its guests, officers, employees, agents and contractors, and the Customer agrees to indemnify the Owner on demand against the same and against all losses, liabilities, claims, damages, costs or expenses of whatever nature arising out of or in connection with such negligence, misuse, mishandling of the Equipment or otherwise
9.3 You must immediately notify us if the Equipment is lost, stolen, or damaged by a third party.
9.4 You agree to report the theft to us and the police, and thereafter to assist us and the police as needed.
10. Possession
All rental equipment is equipped with GPS security tags. The Equipment shall remain the sole property of the Owner at all times, and the Customer shall have no right, title, or interest in the Equipment.
11. You will indemnify us
You agree to hold us harmless from all costs, claims, and expenses resulting directly or indirectly from: your violation of the law; your breach of this agreement; a contractual claim arising from your use of the Equipment or the Services.
12. Operational requirements
12.1 You agree to comply with the following operational specifications:
12.2 We require a 30cm x 40cm table or surface to set the Bable & Co. phone on.
12.3 The Bable & Co. phone should be placed in a quieter area to prevent background noise on the audio files.
12.4 When covered, the Bable & Co. phone can be used indoors or outdoors.
12.5 The Bable & Co. phone has it’s own battery pack and will run for around 8-10 hours on a full charge, it is the responsibility of the hirer to ensure the battery is fully charged before use. The phone may be plugged into a mains outlet via the supplied adapter during use to ensure the battery remains charged although there are instances where this may cause interference on the recordings. No responsibility is taken should the battery not be charged or go flat during the hire.
12.6 All bookings are provided with an MP3 file of your Audio Guest Book recordings. You agree to allow Bable & Co. to upload this file for ease of access.
12.7 While our phones are designed to be used as audio guest books, no responsibility is taken if the phone is placed in a high noise area, users of the phone are shouting during the recording, foul or explicit language is used which may affect the quality of the recording made.
Any amendment or variation to this agreement must be in writing and signed by both parties.
Insofar as any time, date, or period is mentioned in this agreement, time shall be of the essence, with the exception that we shall not be liable if delivery of the Equipment is delayed by us due to causes beyond our control. Furthermore we will not be liable for any losses of recordings due to equipment failure or corruption of data due to circumstances out of our control, if recordings are lost / not recorded due to a technical failure of the phone we will reimburse the client to the sum of the original hire fee only.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid, or unenforceable, it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and prevent it from being void, and it shall be enforceable in that changed or reduced form. Aside from that, each provision shall be interpreted as severable and shall have no effect on the remaining provisions.
The rights and responsibilities of the parties outlined in this agreement are transferable to any permitted successor in title.
The parties agree that any legal requirement that such communications be in writing is satisfied by electronic communications.
In the event of a dispute between the parties to this agreement, they agree to engage in mediation in good faith prior to initiating arbitration or litigation.
This agreement does not grant any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents, and affiliated companies may be enforced under that Act.
Unless otherwise stated in this agreement, neither party shall be liable for any failure or delay in performance of this agreement due to circumstances beyond its control.
This agreement enforceability, interpretation, and performance shall be governed by English law, and you agree that any dispute arising from it shall be litigated exclusively in England.