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Marquee Hire Terms and conditions
1.
Definitions
“Contract” – the document or documents to which these terms and
conditions are attached, these terms and conditions themselves and all
other details about your agreement with us and to which we have agreed
in writing signed by a Director of TJS Marquees Ltd.
“We”, “Us”, “The Company” - TJS Marquees Ltd.
“You” – the person, firm, company or other organisation hiring equipment
from us.
“The site” – the location where equipment is to be erected and or
supplied as specified in the contract.
“Equipment” – the items listed in the contract and any other items used
to facilitate the equipment on site.
These conditions override any terms and conditions you may have put
forward, unless we have agreed to any other conditions in writing and
this agreement has been signed by a Directory of TJS Marquees Ltd.
2.
Our Charges
The company's quotation for hire charges is made on the assumption
that the site on which the equipment is to be erected or to which goods
are to be delivered is;
• Flat level firm ground with easy access for heavy motor transport
and
• Has no drain pipes, cables or other services buried beneath the
surface or otherwise concealed.
Should the site not comply with these requirements, the company may
in its discretion either rescind the contract by giving verbal 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.
a.
Charges for Hiring: You must pay the hire charges shown in the contract
at the time when they fall due as listed on the contract schedule.
b. Interest and
Other Charges: If you do not pay the amount when it is due, we will add
interest to the amount that is overdue. We will add interest each day at a rate
equal to 4% above Barclay Bank Plc’s base rate at the time. Charging interest
will not affect any other rights we may have. Interest can be charged before or
after we have obtained any court judgement against you. You must also pay any
of our reasonable expenses in recovering money or goods from you.
3.
When The Contract Starts
The contract comes
into effect when you have placed an order, by which you agree to keep these
conditions and we have accepted your order, complete with deposit for 25% and an
Acceptance of Contract form. Employees and or agents of TJS Marquees Ltd do not
have authority to make representations regarding equipment, the site or any
other matter, only Directors of the Company may do this. The customer may not
rely on any representations which we have not confirmed in writing and signed by
a Director of the Company.
4.
Delivery, Erection
and Removal of Equipment
a. We will
deliver and erect the equipment shown in the contract so that it is ready for
use by the date shown in the contract.
b. We will not be
liable for any compensation if any minor items or terms are outstanding, but in
return we agree to rectify such items or terms a soon as we reasonably can.
c. Before we
deliver the equipment, you will ensure that we have unrestricted access to the
site on dates which we will notify to you, which will be before the date shown
in the contract for the actual start of the hire. If you fail to secure us
unrestricted access, an additional charge may be raised to cover any additional
costs that occur as a result of this. We will make every effort to accommodate
change of dates made by you, but this is subject to our other work schedules and
may incur extra costs should you wish to change dates.
d. You will ensure
that the site is served by a firm access road with adequate hard standing and
the site itself is firm, level, free from flooding, trees and overhead
obstructions and without buried pipes, or concealed services which might suffer
damage as a result of our erecting the equipment. If you cannot meet any of
these conditions you will let us know in writing as soon as possible before we
deliver the equipment, and if these matters have not previously been mentioned
during the contract negotiations, we reserve the right to make further charges
to cover any additional costs that we incur in dealing with any problems with
the site, access to it, obstructions etc.
e. You or your duly
authorised representative will be present at the site on the date notified to
you to instruct us exactly where the equipment is to be erected, and will
ensure that you have authority from the site owner or organiser to do this. Any
delay in time by you may result in extra charges if we are kept waiting unduly.
If we have to site our equipment in a different place to that agreed, or if we
have to move any of our equipment after it has been erected, then you will be
responsible for any reasonable charges that we make.
f. We will do our
best to deliver and erect the exact equipment as specified in the contract. If
we are unable to do this for any reason, we may substitute equipment to achieve
the same result. We will not however insist on your accepting substitute
equipment which is substantially or materially different from that which is
specified in the contract.
g. We will
dismantle and remove from site our equipment as soon as possible after the hire
period defined in the contract is terminated. We will do our best to remove our
equipment as quickly as possible, and you will ensure that we have free and
unhindered access for this purpose. Extra charges may be raised if you fail to
allow us free and unhindered access. We will only remove our equipment during
reasonable hours and any work outside these hours will be with your consent.
You should note that the installation and erection of the equipment often
involves the use of heavy plant or machinery and the use of stakes or similar
ground fixing devices. We will exercise every reasonable care, but will not be
responsible for any element of making good of the site after removal of our
equipment. We can provide aluminium or similar type track way if booked in
advance and at additional cost to be agreed.
5.
Your
Responsibility When Hiring Equipment
a.
You must take note of and implement any instructions that we give you
relating to the safe use of our equipment. You will be liable for any loss or
damage which results from your failure to follow our recommendations.
b. You are
responsible for the general security of the site throughout the whole of the
period when our equipment is present. You are responsible for the safety and
security of the equipment from the commencement of installation to the
completion of dismantling and subsequent removal from the site. You will make
good any loss or damage to the equipment which may occur during this period.
c. You will notify
us as soon as possible of any defect or deterioration in the equipment. In
return we will take all reasonable steps to remedy this as quickly as we can.
We may make a charge for any site visit unless the need for a visit was as a
result of any inherent defect in our equipment or workmanship.
d. You will in
particular ensure that the interior of any structure is adequately heated when
necessary so as to protect from frost, ice or snow damage, and you will not
allow the collection or build up of snow or rain on the equipment.
e. In windy
conditions you will take all reasonable steps to make sure that all openings are
firmly closed when not in use, and are opened only for the purposes of entering
or leaving the structure.
f. You will take
all reasonable steps to make sure that the equipment is not at any time altered
or interfered with, and you will make sure in particular that no unauthorised
entries are made in any tented enclosure, and that no walls, poles, ropes,
anchors, wires or other parts or any structure are moved, removed, altered or
modified or in any way tampered with or misused.
g. If we incur any
cost, or if our equipment is damaged, through your failure to follow any of
these conditions you will be responsible to compensate us fully for that loss.
6.
Electrical Goods
a.
Where appropriate you will ensure that there is a suitable electrical
supply to the structure adequate for the equipment. If a supply is not
available, you will notify us before we deliver the equipment to site. We can
then arrange for a portable supply at your expense to be agreed.
b. Electrical
equipment must be used with the original plugs or sockets fitted. If you need
to fit other suitable plugs or sockets, any work must be carried out with our
approval and by a competent and qualified person, who must also return the
equipment to its original condition.
c. You are
responsible to ensure that you have a suitable and adequate electricity supply
for the equipment.
d. You must never
use electrical goods that are not earthed properly, and you must observe any
regulations applying to the use of goods including the Electricity at Work
Regulations 1989, while you are responsible for the goods.
7.
Health & Safety
We aim to provide a safe and hazard free work environment for all our
employees engaged in erecting, maintaining and supervising our equipment when on
site. To ensure that all site operations are conduced in accordance with safe
working practices and comply with relevant health and safety regulations, we
require you to supply us with a copy of your health and safety policy (where
available) before the equipment is delivered to site, together with details of
any specific site condition and/or restriction which requires safety
consideration.
8.
Limits of Our
Liability
a. We will not
be liable for any delay in erecting or dismantling equipment which is caused or
exacerbated, whether directly or indirectly by any strike, lockout, labour
disturbance, Government action, civil commotion, unrest, riot, armed conflict,
fire, flood drought, failure of power supply, unavailability or breakdown of
normal means of transport, adverse weather, act of God or any other matter
beyond our reasonable control.
b. We will not be
liable for any loss or damage to the site, its contents and our equipment, where
this is caused by factors out of our reasonable control. This would include,
but is not limited to, negligent or malicious acts of third parties, inclement
weather conditions etc.
c. The maximum
amount for which we will be liable in any circumstances is the total hire charge
payable under the contract. This limit does not apply in respect of any claim
for death or personal injury which results from negligence on our part.
9.
Insurance of
Equipment
a.
The client shall be responsible for and indemnify the company against any
loss of or damage to all hired equipment whatsoever the cause.
b. The client must
provide to the company proof of having arranged insurance in their name for
their hired equipment at least seven days prior to the delivery date of the
equipment.
c. Upon payment of
the ‘Damage Waiver Fee’ referred to on the quotation then the above clauses 9a
and 9b will not apply. Please note that the client will remain responsible for
and will indemnify the company against any loss of or damage to all Hired
equipment resulting from their negligence or legal liability.
d. We ask you to
specifically note most insurance does not cover any consequential loss for
which, if required, you must insure separately.
10.
Ending the Contract
a. We may end
this contract if:
i.
You break its terms; or
ii.
You become bankrupt; or
iii. As a
Company you start to be wound up, or a Receiver or Administrator is appointed
over all or part of your assets; or
iv. You
enter into any agreement with your creditors or a voluntary agreement is made
which affects you; or
v. You enter
into a voluntary agreement.
If we end the contract in these circumstances, it will end immediately and we
may repossess any or all of our equipment. If we end the contract it will
affect our right to recover any money you owe us under this contract or damages
we claim as a result of your breaking this contract.
b. You may end this
contract by giving clear notice in writing, but if you do, you will be liable to
pay us a percentage of the hire charges shown below) depending on the length of
time left between our receiving your written notice and the date shown in the
contract by which the equipment was to be erected and ready for use. The amount
payable by you will be on the following scale:
i. – more
than 90 days notice – 25%
ii.
– less than 90 days notice, but more than 30 days notice – 50%
iii. – less
than 30 days notice – 100%
11.
Ownership of Equipment
a. The equipment
remains the sole property at all times of TJS Marquees Ltd. You are prohibited
from parting possession with, from selling or hiring out the equipment at all
times.
b. We retain the
absolute right to repossess any equipment if you have any outstanding monies
owing to us at any time the equipment is in your possession.
c. This right to
repossess as stated at 11b shall not preclude any other remedy that we may have,
whether under the contract or otherwise.
12.
Our Rights of
Access
We may enter any
land or premises where we reasonably believe the equipment is, at reasonable
times and after giving reasonable notice (except in cases of emergency) and you
irrevocable authorise us to do so to enable us to inspect, test, repair,
service, maintain, replace or repossess the equipment.
13.
Errors &
Omissions
We maintain the
absolute right to correct, without liability, any errors and/or omissions on any
sales literature, website, price list, notices or any other documents, or in any
other information issued by us.
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