General Terms of Business

Version 23.0

1. Definitions

OTP — OTP Ltd.
Payment — confirmed receipt of cleared funds.
Period of Supply — the time equipment and crew first arrive on site until the time that equipment and crew leave site following the production.

2. Availability and reservation

All equipment, facilities and crew are available on a first-come-first-served basis and we would encourage customers to book as early as possible to provide the best chance of obtaining the desired specification of equipment.

3. Equipment and Crew allocation

Equipment and crew will not be allocated to a job unless a booking confirmation has been received.

4. Confirmation of Booking

Bookings cannot be confirmed (or equipment and crew allocated) without receipt by OTP of the following:

1. Payment of a non-refundable booking confirmation deposit representing no less than 25% of the full contract fee including VAT at the prevailing rate. OTP reserves the right to vary this amount subject to the particular specifications and requirements of any individual contract
2. Name and authority of person making the booking on behalf of the customer
3. Customer organisation or event name
4. Customer order reference and full invoicing details
5. Customer contact details, including postal address, landline, mobile and email
6. Venue address or tour details
7. Dates and duration of hire
8. Collection / delivery / return details

5. Payment terms

Following a non-refundable booking deposit of no less than 25% of the full contracted amount a second payment of no less than 25% of the full contracted amount should be made no later than 28 days prior to the Period of Supply.
Unless otherwise specifically agreed in writing a final payment representing the outstanding balance of no less than 50% of the full contracted amount should be made before commencement of the Period of Supply.

In the case that confirmation is made within 28 days of the Period of Supply the booking payment shall be no less than 50% of the full contracted amount.
In the case that confimation is made within 14 days of the Period of Supply the booking payment shall be the full contracted amount.
In the event that cleared funds are not received on or before the due payment day OTP reserves the right to re-allocate or withdraw equipment, crew and services without notice.

All payments are to include VAT at the prevailing rate.

6. Payment methods

Payment may be made by the following methods:

1. Cash
2. Cheque
3. Bank transfer
4. Trade account
5. Debit or Credit card

The following specific terms apply:

1. Cash:
   • Cash payments are only acceptable for gross order values below £1000.00
2. Cheques:
   • Cheque payments must be cleared funds before any equipment is released for use or crew authorised to commence work
3. Bank transfers:
   • Bank transfer payments must be cleared funds before any equipment is released
4. Trade accounts:
   • Trade accounts may be applied for and operate on a strict 28 day net basis
   • Additional Terms and Conditions apply
5. Debit and credit cards:
   • Debit and credit card payments up to a value of £500.00 without transaction fees
   • Payments over £500.00 will be subject to a 5% transaction fee

7. Substitutes and Upgrades

OTP Ltd reserves the right to substitute any piece of equipment with an equivalent of the same or higher specification.

8. Faulty equipment

Whilst all our equipment is routinely checked visually, electrically and mechanically prior to being supplied on hire, faults can occasionally arise afterwards; in transit or upon initial power-up, for example. In this instance, OTP will endeavour to replace the faulty items as swiftly as possible without additional charges either with an identical item or with a substitute with similar specification. Should this not be possible, charges applicable to the faulty item will be credited.

9. Insurance

OTP equipment and crew are covered by OTP inurance whilst engaged in a wet hire production. OTP reserves the right to request or impose certain minimum site security levels in order to safeguard its equipment and to ensure full operation of its insurance policy.

10. Restrictions and Exceptions

• Unacceptable risk
  • OTP reserves the right to withdraw all or any equipment or crew on site prior to the end of the agreed Period of Supply if it has reason to believe that either equipment, crew or other persons are exposed to unacceptable risk for reasons beyond its control.

11. Cancellation

Cancellation of any confirmed production booking must be received in writing from the customer or an authorised agent.

Without prejudice to any other right or remedy available to OTP in the event of cancellation of a confirmed production booking OTP reserves the right to make a cancellation charge on a sliding scale as follows:
Cancellation 60–28 days days prior to Period of Supply – 50% of contracted amount
Cancellation 27–15 days prior to Period of Supply — 75% of contracted amount
Where cancellation is received 14 days or less prior to commencement of a confirmed Period of Supply OTP reserve the right to charge the full contracted production fee.

12. Variation to Booking:

Additions to equipment specifications can usually be accommodated if advised prior to 1 clear working day before the Period of Supply. OTP reserves the right to adjust the total contract cost should the customer request additional provision or higher specification of equipment or services than as calculated at the time of booking confirmation.

Deletions to equipment on bookings are treated as cancellations and may incur a charge.

Changes to required dates after a confirmed booking may incur charges and may render equipment and crew unavailable on revised dates.

13. Quotations

All quotations are valid for one month unless specifically stated on the original quotation document.

14. Refunds / Credits

Refunds and credits will be only be considered where failure of equipment can be shown to due to incorrect preparation or OTP has failed to supply the agreed equipment or crew for the required Period of Supply.

15. Bad weather, Unforeseen Events (Force Majeure)

OTP cannot accept responsibility for events beyond its reasonable control which adversly affect the supply or delivery of the Production or Services to be provided under the contract, including but not limited to rain, fog, snow, fire, flood, drought, earthquake, lightning or other act of God, pandemics, contractable diseases, civil disturbance, riot, act of terrorism, requisitioning, Government or Parliamentary restrictions, prohibition or enactment of any kind, import or export regulations, strike, lockout, trade dispute, difficulty in obtaining services or materials, breakdown or failure of machinery or tools, accidents, acts of civil or military authority, wars, and sabotage. In all such cases OTP shall be entitled to cancel or suspend the Contract without incurring any liability for any loss or damage resulting therefrom and the customer shall remain responsible for the payment to OTP for equipment and services in full.

16. Governing Law and Arbitration

The Contract and these conditions shall be construed in accordance with English Law and the parties herein submit to the jurisdiction of the English Courts. All disputes which may arise in connection with the Agreement shall be submitted to an agreed arbitrator.

17. Variation and amendment to Terms

The Agreement is subject to these Conditions which supersede all previous communications representations and agreements whether written or oral and no aditions or alterations to these Conditions shall be binding on OTP unless agreed to in writing and signed by an authorised representative of OTP. Any terms and conditions proposed by the Hirer shall only apply if the same have been agreed by or on behalf of OTP in accordance with the provisions of this paragraph and in the case of any conflict between such terms and conditions and these Conditions the latter shall prevail.

OTP reserves the right to review, amend and append these Conditions from time to time without notice.