Terms and Conditions of Hire

Our terms and conditions of hire are as below, please do contact us, should you require any clarification.

Definitions:

1. Interpretation

   1. Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
   2. Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
   3. Charges: the charges payable by the Hirer for the hire of the Equipment and the supply of the Services, as set out in the Hire Details.
   4. Contract: the contract between the Hirer and the Supplier for the hire of the Equipment and supply of the Services in accordance with the Hire Details, and these Hire Conditions and any Schedules or documents referred to in them.
   5. Deposit: the deposit to secure the booking, as stated in the Hire Details.
   6. Equipment: the Equipment to be hired by the Hirer, as specified in the Hire Details and in particular the Marquee.
   7. Event: the event or reason for which the Hirer is hiring the Equipment, as specified in the Hire Details.
   8. Hire Period: the period of time agreed for the hire of the Equipment as described in the Hire Details, to include any period of time to set up and remove the Equipment.
   9. Marquee: the marquee to be used for the Event, for a social or commercial function.
   10. Services: the supply of the Equipment and any additional services or equipment including any cables running from the Marquee, at the Event as specified in the Hire Details.
   11. Site: the site on which the Equipment will be erected.

2. Effective Date

   1. This Contract shall come into effect on the date of it, or the date that the Deposit is received by the Supplier in cleared funds if later. Until that time, bookings for hire of the Equipment will be treated as provisional. If the Deposit is not paid by 3 pm on the third day following the signing of this Contract by the Hirer, (unless the Special Terms within the Hire Conditions vary this clause), this Contract may be terminated by the Supplier.

3. Supply of services

   1. The Supplier shall supply the Services to the Hirer during the Hire Period.
   2. In supplying the Services, the Supplier shall:
      • perform the Services with reasonable care and skill;
      • use reasonable efforts to perform the Services in accordance with the service description set out in special terms.
      • comply with all applicable laws, statutes, regulations from time to time in force.

4. The Site

   1. The quotation as set out in the Equipment Hire Details is made on the assumption that the Site is:
      • Flat level firm ground with easy access for heavy motor transport and
      • Has no drains, pipes, cables or other services buries beneath the surface or otherwise concealed.
   2. If the Site does not comply with these requirements, the Supplier may at its sole discretion either rescind this Contract by giving written notice to the Hirer or make additional hire charges. The Supplier shall not be liable to the Hirer for any loss, damage or expenses resulting from such rescission of the Contract for this reason.
   3. The Hirer shall provide the Supplier with a plan showing the position in which the Equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the hirer does neither, the Supplier may erect the Equipment where it considers fit and it shall be deemed to have complied with its obligation.
   4. The Hirer must be satisfied with the Equipment before use and shall notify the Supplier immediately in writing of any, incorrect deliveries or unacceptable Equipment before use.

5. Permits

   1. The Hirer is responsible for giving notice to, or obtaining all necessary permits from, any authorities or other parties who are or may be concerned.
   2. Any cost as incurred in delays or modifications in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to the Supplier shall be deemed to be part of the hire charge.

6. General Obligations and undertakings of the Hirer

   1. 1. The Hirer shall take all reasonable measures to keep the Equipment closed, dry and secure while not in use during the period of hire.
      2. The Hirer shall not to cause or permit to be caused any damage with the structure or any part of the Equipment.
      3. The Hirer agrees and undertakes:
         • not to use the Equipment other than for the Event;
         • not to do or permit to be done anything in or around the Equipment which is illegal or which may be or become a nuisance annoyance, inconvenience or any owner or occupier of neighbouring property;
         • to comply (and ensure that its staff and agents comply) with the terms of this Contract and any written instructions or notices from the Hirer;
         • not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Equipment;
         • not to interfere with or add any lighting, heating, power, cabling or other electrical fittings or appliances at the within the Equipment, without the prior written consent of the Supplier;
         • during the period of Hire be responsible for (i) the maintenance and safe custody of the Equipment (ii) the security of the Site and the Equipment, from completion of erection until dismantling;
         • for ensuring that the Site has sufficient power supply, plug points, connectors for the lighting, heating hired as well as any other equipment as notified to the Supplier;
         • provide to the Supplier proof of having arranged insurance in its for the Equipment at least seven days before the delivery date of the Equipment and if such proof is not supplied then the Supplier may require the Hirer to provide an appropriate damage waiver;
         • not use any gas or electrical appliances of any kind without the previous written consent of the Supplier (such consent not to be unreasonably withheld or delayed);
         • that the Supplier shall be entitled (acting reasonably) to create and use its own marketing and other promotional material in relation to the Site and the Marquee and the Services being supplied under these Terms.

7. Payment arrangements

   1. The Hirer shall pay the Charges in accordance with this agreement. Unless it has been otherwise agreed between the parties, the Deposit, referred to in clause 2, shall not be refundable.
   2. The Supplier shall issue an invoice for the Charges less the Deposit), which shall be payable by the Hirer no less than 10 Business Days before the Event, unless agreed otherwise by the parties.
   3. The Supplier may issue an additional invoice after the Event for any further Charges due which were not included in the invoice issued pursuant to clause 7.2. Such Charges may include those payable for any final alterations to the Services. Charges invoiced pursuant to this clause 7.3 shall be payable by the Hirer within 10 days of receipt.
   4. All amounts payable by the Hirer exclude amounts in respect of value added tax (VAT), which the Hirer shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
   5. If the Hirer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier’s remedies under clause 7, the Hirer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time.
   6. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. Liability

   1. The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Hirer is responsible for making its own arrangements for the insurance of any excess loss.
   2. The restrictions on liability in this clause 8 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
   3. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • death or personal injury caused by negligence; and
      • fraud or fraudulent misrepresentation.
   4. Subject to clause 8.3, the Supplier shall not be liable for:
      • the death of, or injury to, employees, contractors or invitees at or within the Equipment; or
      • damage or theft of any property of the Hirer or that of the Customer’s employees, contractors or invitees at or within the Equipment.
   5. Subject to clause 8.3 and clause 8.4, the Supplier’s total liability to the Hirer shall not exceed £5,000,000.
   6. Unless the Hirer notifies the Supplier that it intends to make a claim in connection with this Contract within the notice period, the Supplier shall have no liability for that claim. The notice period for a claim shall start on the day which is within 28 days after the date on which the Equipment is removed from the Site. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

9. Cancellation

   1. The Supplier may cancel the Contract with immediate effect by giving the Hirer [or Hirer’s authorised representative] notice in writing if:
      • the Hirer fails to pay any amount due under the Contract on the due date for payment;
      • the Hirer commits a material breach of any term of the Contract;
      • the Hirer takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors;
      • the Hirer suspends or ceases, or threatens to suspend or cease, carrying on business;
      • the Hirer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
   2. The Hirer may cancel the Contract by notice in writing to the Supplier.
   3. If the Hirer cancels the hire after an order has been placed, the Supplier has the right to charge cancellation fees as follows:
      • More than 14 calendar days’ notice – 25% total hire charge or the amount of the Deposit, whichever is larger.
      • 7-14 calendar days’ notice – 50% total hire charge or the amount of the Deposit, whichever is larger.
      • Less than 7 calendar days’ notice – 100% total hire charge
   4. Completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

10. General

    1. Force majeure
       Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. If there is an event of force majeure, the parties will, acting in good faith, use their reasonable efforts to find a solution. In default of agreement, either party may request the matter is decided by a mediator.
    2. Assignment and other dealings
       Neither party may assign, transfer, charge, subcontract, any of its rights and obligations under the Contract without the prior written consent of the other party.
    3. Entire agreement
       The Contract constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty that is not set out in the Contract.
    4. Variation and waiver
       No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). A waiver of any right or remedy is only effective if given in writing.
    5. Severance
       If any part of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that is not possible, the relevant part shall be deemed deleted. Any such modification shall not affect the validity of the rest of the Contract.
    6. Notices
       Any notice to be given under this agreement will be in writing delivered personally or sent by first class pre-paid recorded delivery or by e-mail to the party due to receive such notice at the address appearing in this agreement or at such other address or as it may have notified to the other party in accordance with this paragraph.
    7. Third party rights
       This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    8. Governing law and Jurisdiction
       The Contract, and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract.