1. Interpretation

1.1. The headings of the clauses in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of any Agreement nor any clause hereof.

1.2. Unless a contrary intention clearly appears, the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –

1.2.1. “Agreement” means a transaction entered into between Party Bros & EVH and the Client for the supply of Equipment and/or the provision of Services, and consisting of:

• 1.2.1.1. these Terms and Conditions;
• 1.2.1.2. the Personal Suretyship & Warranty of Authority
• 1.2.1.3. Quotation; and
• 1.2.1.4.   the written acceptance of the Quotation by the Client, either by signature on the Quotation itself or other written  acceptance of the Equipment and Services referred to in the Quotation.

1.2.2. “Client” shall mean the entity or person referred to as such in the Client’s Details; 

1.2.3. “Equipment” means the Equipment to be supplied by Party Bros & EVH to the Client, as set out in the Quotation/s.

1.2.4. “Party Bros & EVH” shall mean Party Bros (Pty) Ltd, registration number 2022/313702/07 and/or EVH Events (Pty) Ltd, registration number 2025/687760/07.

1.2.5. “Handover” shall mean the signing of the handover form by the client confirming acceptance of the equipment.

1.2.6. “Quotation” means a written quote provided by Party Bros & EVH to the Client in respect of the supply of any equipment and/or the provision of any services,  

1.2.7. “Services” means the Services to be provided by Party Bros & EVH to the Client, as per the Quotation. 

1.2.8. “Terms and Conditions” means the terms and conditions set out herein.

1.3. In the Agreement:

• 1.3.1. any reference to an enactment, regulation, rule or by-law is that enactment, regulation, rule or by-law as at the Date of Signature, and as amended or replaced from time to time;
• 1.3.2. in its interpretation (the Agreement being the product of negotiations between the Parties), the Agreement shall not be construed in favour of or against a Party by reason of the extent to which that Party or its professional advisors participated in the preparation of this Agreement;
• 1.3.3. the use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it;
• 1.3.4.  termination of the Agreement shall not affect those provisions of the Agreement which expressly provide that they will operate after any such termination or which of necessity must continue to have effect after such  termination, notwithstanding the fact that the clauses themselves do not expressly provide this. 

2. Conclusion and Content of Agreements

2.1. Any Quotation shall be open for acceptance for the period stipulated therein. All acceptances are subject to availability of the Equipment.  

2.2. The terms and conditions contained in the Quotation and these Terms and Conditions, shall constitute the sole terms of the Agreement, provided that, to the extent of any conflict between the Quotation and the provisions of these Terms and Conditions, the latter shall prevail.

2.3. In the event that the Client faxes or e-mails its acceptance of these Terms and Conditions and/or of any Quotation, and/or any purchase order to Party Bros & EVH (and remaining in possession of the original signed Terms and Conditions, Quotation and/or order), Party Bros & EVH shall be entitled to deem and utilise such e-mailed or faxed Terms and Conditions, Quotation, order as a duplicate original for use by Party Bros & EVH in any legal proceedings or as otherwise may be required.

2.4. The Client acknowledges further that services and/or Equipment that are the subject of any Agreement may be rendered or supplied, as the case may be, by one or more associated companies of Party Bros & EVH and that, in doing so, such company/ies act as agents for, and subcontractors of, Party Bros & EVH, which, notwithstanding that any of its obligations in terms of the Agreement may be performed by any other company, is entitled to exercise of all the rights conferred upon it by the Agreement.

2.5. No amendment or consensual cancellation of the Agreement, extension of time, waiver or relaxation or suspension of any of the provisions or terms of the Agreement shall be binding on the parties unless recorded in writing and signed by an authorised representative of Party Bros & EVH and the Client.

2.6. The Client confirms that it has not been afforded credit terms and therefore this Agreement is not a Credit Agreement as defined in Section 8 of the National Credit Act 34 of 2005 (as amended) (“the Act”) Further and , in the event that the Client is a juristic person, the Act does not apply to this Agreement on those grounds.

2.7. The Client confirms that it is not a “consumer” as defined in terms of the Consumer Protection Act 68 of 2008 (“the CPA”), and as such this Agreement and the terms and conditions are not subject to the CPA, except to the extent that any provisions of the CPA may be applicable notwithstanding that the Client is not a “consumer” as defined. 

2.8. The Client nonetheless specifically indemnifies Party Bros & EVH, to the extent permissible in law, against any and all claims that may arise against Party Bros & EVH and/or the Client pursuant to the provisions of the CPA, from whatsoever cause.

3. Payment

3.1. All amounts due by the Client to Party Bros & EVH are due and payable as prescribed in the relevant Quotation and if not so prescribed, then on presentation of invoice, and are payable by the Client to Party Bros & EVH in cash / electronic transfer, in SA currency without deduction or set off and free of any exchange.

3.2. Any amount of whatsoever nature due by the Client to Party Bros & EVH shall be proved by way of a Certificate signed by a Director of Party Bros & EVH, which Certificate shall constitute prima facie proof of the amount of the Client’s indebtedness. This said Certificate of Indebtedness shall constitute and be accepted in any Court as a liquid document for the purposes of any application for default judgment, summary judgment or consent to judgment.

3.3. Any payments made by the Client shall be appropriated firstly to the oldest outstanding amount due by the Client to Party Bros & EVH, notwithstanding any specific allocation asserted by the Client. 

4. Warranties & Indemnities

4.1. No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise or whether they induced the contract or not, which are not set forth in this Agreement, shall be binding on Party Bros & EVH, the Client irrevocably waiving any right it may have to rely thereon.

4.2. To the extent permissible by law, Party Bros & EVH shall have no liability in respect of any death, injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, any of the Equipment and services. 

4.3. Notwithstanding the provisions of clause 4.2, Party Bros & EVH shall only be liable for death, direct injury, loss or damage if such occurred due to Party Bros & EVH’s willful act or omission or gross negligence provided that, to the extent permissible by law, Party Bros & EVH shall not be liable for any indirect, special or consequential loss, expense or damage. For the purpose hereof, any reference to Party Bros & EVH shall include its servants, agents or contractors or any other person for whose acts or omissions Party Bros & EVH may be liable in law.

4.4. The Client, shall have no claim of any nature whatsoever whether for damages and/or cancellation or otherwise, against Party Bros & EVH, its servants, agents or others on whose behalf Party Bros & EVH will be  liable, in respect of any loss or damage sustained by the Client of any nature whatsoever or any damage caused to the  assets of the Client or assets kept on its premises by any third parties or in regard to the Client’s business or sustained by any of its customers, howsoever caused, whether by a negligent or otherwise, act or omission of Party Bros & EVH, its servants, agents or others from whom it may be liable in law.  

4.5. The Client hereby indemnifies Party Bros & EVH against claims which may be made against Party Bros & EVH by any third party in respect of any loss, damage, injury or death. 

4.6. The Client acknowledges that Party Bros & EVH does not provide consulting services and any advice provided by Party Bros & EVH as to the suitability of any Equipment for any purpose is not to be relied upon by the Client. Party Bros & EVH shall accept no liability for any reliance on advice provided by Party Bros & EVH which is not contained in the relevant Quotation.

5. Addresses & Notices

5.1 The physical address supplied by the Client as per page 1 will be regarded as the Client’s domicilium citandi et executandi (address for service of all legal documents, letters, pleadings and notices) where notices may be given and documents and legal proceedings may be served.

5.2. The Client must notify Party Bros & EVH, in writing, immediately if it’s domicilium citandi et executandi (address for service of all legal documents, letters, pleadings and notices) changes. Such change shall be effective on the date that such notice of change of address is received by Party Bros & EVH.

5.3. Any notice to Party Bros & EVH should be addressed to its head office at 117 Sovereign Drive, Route 21 Business Park, Centurion, Gauteng, South Africa; P.O. Box 38114, Garsfontein East, 0060.

6. Cession

6.1. Party Bros & EVH shall be entitled, without notice to the Client, to cede its rights and/or delegate its obligations which it may have in terms of this Agreement to any third party. The Client may only cede any of its rights and/or delegate its obligations with the written consent of Party Bros & EVH, which consent shall not be unreasonably withheld. It is recorded that, in the event of such cession and/or delegation, Party Bros & EVH shall be entitled to require that the cessionary and/or delegate provide all of the information required in regard to itself in the Clients Details above and satisfy Party Bros & EVH of its ability to comply with all of the obligations delegated to it and Party Bros & EVH shall not be deemed to have refused its consent unreasonably in the event of the cessionary and/or delegate’s failure to comply fully with any such requirement.

7. Legal Proceedings / Costs

7.1. The Client shall be liable for all costs incurred by Party Bros & EVH in the recovery of any amounts or the enforcements of any rights which it has hereunder incurred. All such costs shall be recovered on an attorney and Client scale together with costs of counsel as on brief, whether or not same are incurred for the conduct of legal proceedings and/or if Judgement has been granted in connection with the enforcement of such Judgement and/or otherwise.

7.2. The Parties consent that either of them may sue in a Magistrate’s Court, even if its claim against the other party exceeds the jurisdiction of the Magistrate’s Court.

8. Breach / Cancellation

8.1. Should the Client fail, refuse or neglect to make payment of any amounts due and payable in terms of the Agreement, Party Bros & EVH shall be entitled in addition to any other rights or remedies it might have in law, to:-

• 8.1.1. Immediately cancel the Agreement on written notice;
• 8.1.2. Remove the  Equipment, wheresoever situated, without hindrance;
• 8.1.3. Institute an action for damages.

8.2. In the event of the Agreement being cancelled by the Client for any reason whatsoever, more than seven (7) calendar days prior to the scheduled load in date as set out in the Quotation, a cancellation fee of 50% of the total payable amount by the Client as per the quote, invoice and/or in terms hereof will be due and payable by the Client to the Company.  The Client agrees that such cancellation fee is reasonable and shall be due and payable immediately upon demand by Party Bros & EVH.

8.3. In the event of the Agreement   being cancelled by the Client for any reason whatsoever, less than seven (7) calendar days prior to the scheduled load-in date as set out in the Quotation, the Client shall be required to pay over to Party Bros & EVH the full contract price as per the Quotation, invoice and/or in terms hereof.  The Client agrees that such cancellation fee is reasonable and shall be due and payable immediately upon demand by Party Bros & EVH.

9. Client’s Obligations

9.1. The Client shall be responsible to ensure that all addresses of venues, job dates and Equipment specifications as per the Quotation are correct. Party Bros & EVH shall not be liable, provided that it has discharged its obligations in accordance with the Quotation, if any information contained therein is not in accordance with the Client’s requirements.

9.2. The Client undertakes to provide or procure all such access as Party Bros & EVH may reasonably require to the site at which the installation of the Equipment and provision of Services are to be carried out. If access is not provided and installation is not completed by Party Bros & EVH at the stated date, the Client records that Party Bros & EVH will not incur any liability as a result.

9.3. The Client shall provide 24 hour continuous security for any Equipment for the whole duration of the period that such Equipment is provided to the Client by Party Bros & EVH. The cost of security will be entirely for the Client’s account.

9.4. The Client warrants that all relevant permits or permissions necessary to hold an event or perform any activity for which the Equipment and/or Services are required have been granted. The Client furthermore warrants that Party Bros & EVH shall in no way be required to apply or obtain any permit or permission from any authority or person whatsoever in order for it to comply with its obligations in terms of this Agreement.

9.5. Any stage set ups and / or designs or plans created by Party Bros & EVH or any of its servants, agents, employees or contractors in connection with the Agreement, including all copyright therein, shall remain the property of Party Bros & EVH unless otherwise expressly agreed to in writing by Party Bros & EVH.  The Client may at no time utilise the plans and / or designs or any part thereof other than for the event that it was created for.

9.6. In the event of the occurrence of rain or any other weather conditions which may reasonably foreseeably result in damage to any Equipment, such Equipment may not be operated / utilised. If the Client operates / utilises the Equipment, or requires that it be operated / utilised, then the Client will be liable for the repair or replacement of the Equipment that may be damaged, as well as any loss of income that Party Bros & EVH may suffer as a result thereof.

10. Force Majeure

Neither party shall have any claim of any nature whatever against the other party for failure by such party to carry out any of its obligations under the Agreement as a result of vis major, including but without being limited to: any strike, lock – out, shortage of labour or materials, delays in transport, accidents of any kind, default or delayed by any sub – contractor or supplier of Party Bros & EVH, riot, political or civil disturbance, the elements, any act of any state of government, any delay in securing any permit, consent or approval required by Party Bros & EVH for the supply of goods under the Agreement, or any other cause whatever beyond either party’s control.   

11. Insurance       

 11.1 Should the Client transport any Equipment for any reason whatsoever the following will need to be adhered to:

• 11.1.1 – any vehicle in which the Equipment is transported is not to be left unlocked if unattended;
• 11.1.2 – the Equipment is to be kept in a compartment of the vehicle which is not visible to passers-by;
• 11.1.3 – In the event of Equipment not being able to be locked away in a compartment of the vehicle which is not visible to passers-by, the vehicle is to be locked and attended to at all times.

11.2 Notwithstanding the aforegoing, electronic Equipment may under no circumstances whatsoever, be left visible in a vehicle to passers-by. (Please note that in the event of theft occurring regarding electronic Equipment, the success of an insurance claim is dependent on forcible and violent entry to the vehicle in which the electronic Equipment is being transported.)  

11.3 Although Party Bros & EVH hold comprehensive Insurance cover for Public Liability and Equipment Loss or Damage in the Republic of South Africa, the Client will be liable for any loss, damage or other related claims due to the Client’s negligence, act and/or omission of an act/obligation the Client hereby agrees that it shall be responsible for the total damages suffered by Party Bros & EVH. If Party Bros & EVH elects to claim from its insurance and such claim is successful, the client will be liable for the insurance excess payments.

11.4 Notwithstanding that Party Bros & EVH may have been indemnified in terms of any insurance policy, or payment by the Client of any excess in terms of clause 11.3  Party Bros & EVH’s insurer reserves its right to recover the full amount from the Client for loss and damages for which the Client may be liable by operation of law or by virtue of a breach of any obligation undertaken by it.          

11.5 Should the client not adhere to any of the terms and conditions set out in this clause 11 the Client shall be liable for the full cost of the replacement of the Equipment should it be lost or damaged while in the possession or under the control of the Client.                 

12. General

12.1. These terms and conditions will be governed by South African law.

12.2. The Client consents to Party Bros & EVH making inquiries about the Client’s records, including credit records, with any reference agency and any other party to confirm the details relevant to this Agreement.  Party Bros & EVH may also provide credit reference agencies with regular updates regarding how the Client manages its accounts, including its failure to meet agreed terms and conditions.

12.3. This Agreement constitutes the whole of the Agreement between Party Bros & EVH and the Client relating to the matters dealt  with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of Party Bros & EVH and the Client.

12.4. This Agreement supersedes and replaces any and all agreements between Party Bros & EVH and the Client (and other persons, as may be applicable) and undertakings given to or on behalf of Party Bros & EVH and the Client (and other persons, as may be applicable) in relation to the subject matter hereof.

12.5. No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by Party Bros & EVH and the Client.

12.6. No latitude, extension of time or other indulgence which may be given or allowed by either Party Bros & EVH or the Client  to the other of them in respect of the performance of any obligation hereunder, and no delay or forbearance  by either Party Bros & EVH or the Client in the enforcement of any right arising from this Agreement and no single or partial exercise of any right by  by either Party Bros & EVH or the Client under this Agreement, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of that party’s rights in terms of or arising from this Agreement or estop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.  Failure or delay on the part of either Party Bros & EVH or the Client in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

12.7. No waiver, suspension or postponement by either Party Bros & EVH or the Client of any right arising out of or in connection with this Agreement shall be of any force or effect unless in writing and signed by it.  Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.

12.8. All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.  Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect.  Party Bros & EVH and the Client declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

13. Specific Provisions in respect of Sets, Drapes, Screens and Related Services

The following terms relate to any Equipment constituting the set for any event and consisting of the backdrops, artwork, scenery, furnishings, lighting Equipment and other Equipment that will be used at any event:

13.1. Party Bros & EVH will only store the Equipment concerned for a period of seven (7) days after the load-out date of the event as reflected in the Quotation. In the event of the Client requiring Party Bros & EVH to store the Equipment for a period longer then seven (7) days, the Client must inform Party Bros & EVH in writing before the written acceptance of the Quotation and all costs relating to the storage of the Equipment shall be for the Client’s account.

13.2. In the event of the Client wanting to own the Equipment concerned after the event, the Client is required to notify Party Bros & EVH in writing before written acceptance of the Quotation. All such Equipment shall remain the property of Party Bros & EVH until all amounts due by the Client to Party Bros & EVH have been paid in full.

14. Specific Provisions in respect of Seating 

The following terms relate to the any Equipment constituting the audience seating for any event:

14.1. All Equipment must be returned to Party Bros & EVH in the same conditions that it was received by the Client.    

14.2. In the event of Party Bros & EVH having to remove labels, writing or anything whatsoever to restore the Equipment to its original state this shall be to the cost of the Client, and the Client hereby agrees to payment of such cost(s).