General Terms of Hire and Service

These General Terms govern the relationship between FC Service di Ferraro Ciro (the "Supplier") and the customer (the "Client") in relation to equipment hire and the provision of event services. They are informative in nature and take effect on their acceptance within the contract, order or quote signed by the Client. In the event of any inconsistency, the specific terms agreed in writing in the individual contract prevail.

1. Scope

FC Service may provide, together or separately:

• equipment hire (audio, lighting, structures and technical equipment, for example), making the goods temporarily available to the Client;
• services with technical personnel (installation, technical support, running the production during the event, the presence of a technician), which create an obligation to perform on the Supplier's part.

The specific content of the service, the equipment, and the times and places involved are set out in the relevant quote or contract.

2. Booking, deposit and advance payment

A booking is confirmed when the quote is accepted and any payment required is made. Unless otherwise agreed, on confirmation the Supplier may request:

• payment of a confirmatory deposit ("caparra confirmatoria") under Article 1385 of the Italian Civil Code. If the Client fails to perform, the Supplier may withdraw and retain the deposit; if the Supplier fails to perform, the Client may withdraw and claim twice the deposit, without prejudice to the right to compensation for any greater loss;
• alternatively, and where expressly stated, payment of an advance against the price, which will be set off against the final amount.

3. Security deposit

A security deposit may be required for equipment hire, returned at the end of the hire period once the goods have been checked as complete and undamaged. The Supplier may retain all or part of the deposit to cover the cost of repair, replacement or exceptional cleaning made necessary by damage, loss or improper use attributable to the Client.

4. The Client's responsibility and custody of the equipment

From delivery until return, the Client assumes custody of the hired equipment and is answerable for it. In particular the Client undertakes to:

• use the goods with due care and in accordance with the operating instructions and safety rules;
• keep the equipment secure and prevent its use by unauthorised third parties;
• not transfer, sub-hire or move the goods without the Supplier's written consent;
• report any fault, damage, theft or loss promptly.

The Client is answerable for damage to, loss of, or theft of the equipment occurring during the period of custody, unless the Client proves that the event was not attributable to them.

5. Delivery, collection, transport and penalties

• The arrangements and timing for delivery and collection are agreed and set out in the contract. Unless otherwise agreed, transport, build and strike may fall to the Supplier or the Client as agreed.
• The Client must ensure the event location is accessible and that the necessary utilities (an adequate electrical supply, for example) are available at the agreed times.
• Where the equipment is returned late against the agreed terms, a penalty may be applied for each day of delay, as set out in the contract, without prejudice to compensation for any greater loss.

6. Withdrawal, cancellation, weather and force majeure

• The terms for withdrawal or cancellation by the Client, and their effect on the deposit and advance payments, are set out in the contract. Where a confirmatory deposit has been paid, cancellation by the Client entitles the Supplier to retain it under Article 1385 of the Italian Civil Code.
• For outdoor events, unless otherwise agreed in writing, adverse weather does not in itself constitute grounds for free cancellation. It is understood that the Supplier may suspend or stop performance where conditions put the safety of people or the integrity of the equipment at risk.
• Neither party is liable for failure or delay in performance caused by force majeure or by unforeseeable events outside its control (natural disasters, acts of authority, network outages, for example).

7. Limitations of liability

Without prejudice to the provisions of law, the Supplier's liability for loss arising from performance of the services is limited as agreed in the contract. In all cases, under Article 1229 of the Italian Civil Code, any agreement excluding or limiting in advance the Supplier's liability for wilful misconduct or gross negligence is void, as is any such agreement in relation to the breach of obligations arising from rules of public policy.

8. Insurance

The Supplier may hold suitable insurance cover for the activity carried out. Clients are advised, where appropriate given the nature and scale of the event, to arrange adequate insurance for the risks connected with the event and with the use of the equipment.

9. Payment

Prices, due dates and payment arrangements are set out in the quote or the contract. Statutory interest may accrue on late payment. Amounts shown in promotional material are indicative and subject to a quote; for the tax regime applied, see the Legal notice.

10. Jurisdiction and governing law

These terms and the contracts that refer to them are governed by Italian law.

• Consumer clients: in relation to a Client acting as a consumer under the Italian Consumer Code (Legislative Decree 206/2005), the courts of the consumer's place of residence or elected domicile have jurisdiction over any dispute. The mandatory protections afforded to consumers remain unaffected, regardless of the signing of these terms.
• Business clients: in relation to a Client acting in the course of a profession or business (a band, agency or company, for example), the courts specified in the contract have jurisdiction over any dispute.

11. Onerous clauses (double signature)

In dealings with business Clients, any clauses that may qualify as onerous under Articles 1341 and 1342 of the Italian Civil Code — by way of example, those concerning limitations of liability, rights of withdrawal, penalties, jurisdiction and time limits — require specific and separate written approval (a "double signature") on signing the contract or order, and take effect only once that approval has been given.