STANDARD TERMS & CONDITIONS OF BUSINESS

David Bishop Lighting Design is a trading name of Bish Productions Ltd, a company registered in England & Wales under company number 09372494 whose registered office is:

Suite 3, Middlesex House, Rutherford Close, Stevenage, Herts, SG1 2EF

DEFINITIONS

In these Standard Terms & Conditions of Business (“Conditions”):

“The Company” means Bish Productions Ltd trading as David Bishop Lighting Design;
“Client” means the person, company, partnership or other organisation engaging the Company to provide the Services;
“Services” means all services, consultancy, creative work, lighting design, programming, supervision, labour, equipment, documentation, specifications and/or other goods or services supplied by the Company;
“Fee” means the charges payable by the Client for the Services as set out in any quotation, agreement, purchase order or invoice issued by the Company.

JURISDICTION

These Conditions and any agreement between the Company and the Client shall be governed by and construed in accordance with the laws of England & Wales.

The parties submit to the exclusive jurisdiction of the Courts of England & Wales.

QUOTATIONS & ACCEPTANCE

Quotations submitted by the Company shall remain valid for the period stated within the quotation or, where no period is stated, for 30 days from the date of issue.

A quotation shall be deemed accepted upon the earlier of:

(a) written or emailed confirmation from the Client;
(b) receipt of an authorised purchase order;
(c) instruction to commence Services; or
(d) the Client otherwise permitting the Company to commence Services.

Where no quotation or Fee has been agreed in advance, the Client agrees to pay the Company’s reasonable and customary charges for the Services provided.

No variation to agreed Fees or charges shall be binding unless agreed in writing by the Company.

WORKING HOURS & OVERTIME

Unless otherwise agreed in writing, the Company’s standard daily fee covers a maximum working period of 10 consecutive hours calculated from call time to wrap time, inclusive of a reasonable meal break.

“T” shall mean one tenth of the agreed daily fee. Unless otherwise agreed in writing, overtime shall be charged as follows:

(a) after 10 hours: 1.5T per hour or part thereof;
(b) after 12 hours: 2T per hour or part thereof;
(c) after 14 hours: 4T per hour or part thereof.

Where a meal break of at least 30 uninterrupted minutes is not provided within every continuous 6 hour working period, an additional charge of 1T shall apply.

Where less than 11 consecutive hours rest is provided between the end of one working day and the commencement of the next, each hour shortfall below 11 hours shall be charged at 2T.

Any agreement concerning daily charges shall apply within a 24 hour period from midnight to midnight unless otherwise agreed in writing.

TENTATIVE BOOKINGS

The Company may, at its discretion, accept tentative or “pencilled” bookings.

Tentative bookings shall remain provisional unless confirmed in writing by the Client.

The Company reserves the right to release any tentative booking if another confirmed booking is offered for the same period. In such circumstances, the Client shall be given reasonable notice and the opportunity to confirm the booking in writing.

Where a tentative booking has not been released or cancelled by the Client prior to the applicable cancellation period, the booking shall be treated as confirmed for the purposes of the cancellation provisions contained within these Conditions.

PAYMENT

Unless otherwise agreed in writing, payment is due within 30 days from the date of invoic

Cleared funds must be received into the nominated bank account of Bish Productions Ltd on or before the due date.

The Company reserves the right to charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, calculated daily from the due date until payment is received in cleared funds.

The Client shall reimburse the Company for all reasonable costs incurred in recovering overdue sums, including legal fees and debt recovery costs.

Any query relating to an invoice must be raised within 7 days of the invoice date.

The Company reserves the right to suspend the provision of further Services where invoices remain unpaid beyond agreed payment terms.

The Company may submit invoices monthly for Services completed to date or in accordance with any agreed payment schedule.

VARIATIONS TO SERVICES

Should the Client request any variation to the Services, the Company may issue a revised quotation detailing any resulting adjustment to the Fee and/or delivery schedule.

The Company shall not be obliged to undertake any variation until the revised quotation has been accepted by the Client in writing.

CANCELLATION, TERMINATION & POSTPONEMENT

Either party may postpone or terminate an agreement by written notice prior to commencement of the Services.

In the event of cancellation, postponement or termination, the Company shall be entitled to remuneration for all work undertaken and expenses incurred up to the date of cancellation together with the following cancellation charges unless otherwise agreed in writing:

PROJECT VALUE: LESS THAN £5,000

Less than 14 days before commencement: 50%
Less than 7 days before commencement: 75%
Less than 24 hours before commencement: 100%

PROJECT VALUE: £5,000 TO £10,000

Less than 28 days before commencement: 50%
Less than 14 days before commencement: 75%
Less than 7 days before commencement: 100%

PROJECT VALUE: MORE THAN £10,000

Less than 28 days before commencement: 75%
Less than 14 days before commencement: 100%

Postponement of Services shall be treated as cancellation unless otherwise agreed in writing.

SUBCONTRACTORS & PERSONNEL

The Company reserves the right to engage subcontractors, assistants, programmers, operators or other personnel in connection with the provision of the Services.

The Company shall remain responsible for the management and coordination of such personnel unless otherwise agreed.

INVOICES RECEIVED BY THE COMPANY

Unless otherwise agreed in writing or incorporated within a valid purchase order issued by the Company, invoices submitted to Bish Productions Ltd shall be payable within a minimum of 30 days and a maximum of 60 days from the later of:

(a) the invoice date; or
(b) receipt of the invoice.

Invoices must be submitted electronically and must clearly state the relevant project reference and purchase order number where applicable.

The Company reserves the right to withhold payment where invoices are incomplete, inaccurate or unsupported by required documentation.

Where Services are supplied by subcontractors, payment may be withheld until the Company has verified the subcontractor’s right to work in the United Kingdom and received copies of any required insurance documentation.

All copyright, intellectual property rights and other proprietary rights in any designs, concepts, drawings, specifications, documentation, programming, visualisations or other creative

materials prepared by the Company shall remain the property of the Company unless otherwise agreed in writing.

Where intellectual property rights are to be assigned to the Client, such rights shall not transfer until full and final payment has been received in cleared funds.

The Company reserves the right to retain copies of all designs and materials for archival, promotional and portfolio purposes unless otherwise agreed in writing.

DESIGN RESPONSIBILITY

The Company provides creative and technical design services only and does not provide structural, electrical or engineering certification unless expressly agreed in writing.

All drawings, specifications, visualisations and design documentation produced by the Company are prepared for creative and illustrative purposes and must be reviewed and approved by appropriately qualified contractors, engineers and other competent persons prior to implementation.

Responsibility for structural integrity, rigging, electrical compliance, equipment suitability, construction methods, installation, operation and compliance with applicable laws and regulations shall remain with the Client and/or the relevant appointed contractor.

The Client shall ensure that all works are carried out in accordance with applicable health and safety legislation, venue regulations and industry best practice.

HEALTH & SAFETY

The Client shall ensure, so far as reasonably practicable, that all venues, workplaces and working conditions are safe and compliant with applicable health and safety legislation.

The Company reserves the right to refuse to undertake or continue any work which, in its reasonable opinion, presents a risk to health, safety or welfare.

Any resulting delays or costs arising from unsafe conditions shall be the responsibility of the Client.

INSURANCE

The Company maintains Public Liability Insurance and Products Liability Insurance each with a limit of indemnity of £10,000,000.

The Client shall maintain adequate insurance cover appropriate to the nature of the production, event or Services being undertaken.

LIMITATION OF LIABILITY

Nothing within these Conditions shall exclude or limit liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot lawfully be excluded or limited.

Subject to the above, the Company’s total aggregate liability arising from or connected with the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed ten times the total Fee paid by the Client in respect of the relevant Services.

The Company shall not be liable for any:

(a) indirect or consequential loss;
(b) loss of profit;
(c) loss of revenue;
(d) loss of opportunity;
(e) loss of production time;
(f) reputational damage; or
(g) third-party claims,

arising from or connected with the Services.

FORCE MAJEURE

The Company shall not be liable for any delay, interruption or failure to perform its obligations where such delay or failure arises from circumstances beyond its reasonable control including, but not limited to, acts of God, severe weather, fire, flood, industrial disputes, war, terrorism, epidemic, pandemic, government restrictions, transport disruption, power failure or venue closure.

CONFIDENTIALITY

Both parties shall keep confidential any commercially sensitive or confidential information obtained in connection with the Services and shall not disclose such information to any third party except where required by law or with prior written consent.

CREDITS & PUBLICITY

Any public credits relating to the Services shall be subject to the Company’s prior approval.

The Company may reference completed projects and use related photographs, footage and descriptions for promotional, portfolio and marketing purposes unless otherwise agreed in writing.

DATA PROTECTION

Both parties shall comply with applicable UK data protection legislation including the UK General Data Protection Regulation and the Data Protection Act 2018.

GENERAL

If any provision of these Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that right or remedy.

These Conditions constitute the entire agreement between the parties unless otherwise

agreed in writing.