Terms & Conditions
The Company will submit a written quotation which the Hirer shall accept in writing: the absence of such written quotation or acceptance however shall not invalidate the Contract, and all work quoted for and undertaken by, or goods hired from the Company shall be subject to these terms and conditions and the Hirer by authorising or allowing work to proceed or goods to be delivered is deemed to have confirmed the Contract and to have accepted these terms and conditions.
2. Period of Hire
The period of hire is understood to mean the period for which the tentage or equipment is required to be ready and available for use, although marquees may be erected at a time before the event and taken down at a time after the event to fit in with the Company’s workload.
(i) Conditions of Site
The Company’s quotation for hire charges is made on the assumption that the site on which the tents or equipment are to be erected or to which goods are to be delivered is:-
(a) flat level firm ground with easy access for heavy motor transport and
(b) has no drains, pipes, cables or other services buried beneath the surface or otherwise concealed.
If the said site does not comply with these requirements the Company may in its discretion either rescind the Contract by giving oral or written notice to the Hirer or make additional hire charges. The Company shall not be liable to the Hirer for any loss, damage or expense resulting from such rescission of the Contract.
(ii) Exclusions of Company’s Liability for damage to site and services
Whether the said site complies with the foregoing requirements or not, the Company shall not be under any liability whatsoever to make good any damage to the site, nor shall the Company be under any liability whatsoever in respect of damage to drains, pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drains, pipes or cables or other services shall have been supplied to the Company.
(iii) The Position of the Tents and Equipment
The Hirer shall provide the Company with a plan showing the position which the tents or equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the hirer shall fail to provide a plan or have a representative on the site the Company may erect the tents and equipment where it thinks fit and it shall be deemed to have performed the Contract.
4. Variation of Hire Charges
The Company reserves the right to vary the quoted hire charges in the event of any increase taking place before or during the period of hire in the cost of labour, materials or transport.
5. Hire Charges
All Goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on day arranged. The Hire charges published in any of the Company’s printed matter are for guidance of Hirers in estimating costs only and do not constitute an offer.
Terms are strictly on delivery unless otherwise agreed. The Company reserve the right should settlement not be effected within thirty days of termination of the hire period to charge interest on the hire at the rate of 3 per cent in excess of the current bank rate, such interest to accrue from the date of the termination of the hire period. No receipt will be recognised unless given on the Company’s own official receipt form.
7. Loss or Damage
The Hirer is wholly responsible for any loss or damage to the equipment whilst on site or otherwise in the possession of or under the control of the Hirer arising out of any cause outside the direct control of the Company and/or its employees and in the event of any loss or damage however caused agrees to indemnify the Company for the full cost of any repair, replacement of the equipment.
8. Liability to Third Parties
The Company will not be responsible for and the Hirer will indemnify the Company against all claims for injury to persons or loss of or damage to property howsoever caused unless it be proved that such injury or damage be caused by faulty material or workmanship or negligence on the part of the Company.
The Hire charges do not include attendance by the Company’s men except during the actual process of erection and dismantling.
The Hirer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any cost incurred in delays or modification in the work arising from the absence of or misrepresentation of all such necessary permission or permits shall be payable to the Company Hirer and shall be deemed to be part of the Hire charge for the purpose of Clause 6 hereof.
11. Force Majeure
Whilst every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent on any event outside the direct control of the Company or its employees.
12. Modification of Contract
No verbal representations or arrangements are recognised by the Company and these terms and conditions shall only be modified by a supplementary written contract.
13. Cancellation or premature Termination of Contract
In the event of the Hirer desiring to cancel the contract after a firm order has been placed, if the cancellation date is up to 2 months prior to the delivery date, there will be a charge of 25% of the hire charge, if the cancellation is up to 1 month prior to delivery date, the charge will be 50% of the hire charge, and if the cancellation is up to 2 weeks prior to the delivery date the charge will be 75%, and if the cancellation is less than 2 weeks prior to delivery date the full hire charge will be made.
There is responsibility on the hirer that if there is snow weather forecasted that the hirer will have heat on standby and that this will be working and a full supply of fuels is in store in order to heat the structure so that snow does not lie on the roofs, for the full duration of the presence of snow.
It is the responsibility of the Hirer that they have a representative on site when the Company arrives at their premises in order to agree and authorise the positioning of the structure. Failure for the Hirer to be on site for this important part of the construction, is the responsibility of the Hirer. Failure of the Hirer or their representative to be present for the initial process of positioning and the Hirer’s potential ultimate dissatisfaction with the placing of the structure is the responsibility of the Hirer, and any costs insured in moving the structure, doors or glass will be incurred by the Hirer.
The Hirer must demonstrate Public and Employers Liability Insurance. The Hirer must also agree to have All Risks Insurance in place, should the Company’s equipment be damaged whilst under the care of the Hirer. Sight of the Hirer’s up to date and value Insurance will be a requirement before work can commence. The Company can offer All Risks Insurance to the Hirer, if instructed to do so by the Client, otherwise the All Risks and any damage to the Company’s equipment whilst under the care of the Hirer, is the responsibility of the Hirer.
It is the responsibility of the Hirer to provide a secure site for the duration of the Company being employed to erect a structure on their premises.
On completion of the marquee structure the Hirer must sign off on the hired equipment before the Company leaves the site. Any misunderstanding or call backs will be the responsibility of the Hirer. In other words, the Hirer must make it their business to be on site, when the job is reaches completion.
It is the Hirers responsibility to obtain any local County Council Permission or permission from site owners prior to construction of the Company equipment. Any costs incurred as a result of work undertaken without the necessary permissions in place is the responsibility of The Hirer.
It is the Hirer’s responsibility to notify the Company of any underground piping, wiring, or drains. Any damage as a result of hitting any wires or pipes is not the responsibility of the Company.
The Hirer must agree to make good any holes or damage to the Hire’s grounds, following the removal of the hired Company structure.