DEFINITIONS: These terms and conditions apply to all contracts entered into by 3D Marquees Ltd. unless otherwise stated in 3D Marquees Ltd.'s written quotation. The terms of these conditions can only be altered with our written agreement. No condition contained in any booking form or other communication by you which is inconsistent with any of these conditions will be deemed to have been accepted unless we have agreed to your condition in writing. Acceptance of Quotation No binding contract will exist until you have accepted our quotation in writing and paid at least a 50% deposit. Quotations remain valid for 14 days from the date stated on them provided that the equipment is still available. Any offer of equipment is subject to stock being available on receipt of a deposit at time of booking. Basis of Quotation. All quotations are made subject to the following understandings: � Hire charges do not include attendance by our employees for any purpose other than erecting and dismantling marquees. � Hire charge quotes for furniture and other hire equipment do not include erecting, dismantling or placing. � Period of hire means the period for which the equipment is required to be ready for use. � The size and surface of the site are suitable for erection of equipment. � You have informed us of any drains, pipes, cables or other obstacles which might affect the site. It should be noted that the pegs holding marquees may be driven up to one metre into the ground. You should note that you are responsible for repairing and making good any damage caused to the site by erection or dismantling of any equipment. The site must be cleared of all obstacles prior to delivery of the marquee. If we have to move any obstacles we will not be held liable for any damage as a result of this. � You will be liable for any additional costs or charges of 3D Marquees Ltd. in the event that extra work or equipment outside the terms of a quotation is required, or the equipment is required or used for any period out of the period of hire.
Payment Terms- Quotes are provided on the basis that a booking is not confirmed until a deposit and a note accepting our Quote, and signed Terms and Conditions are received.- The hirer will pay at least a non-returnable 50% deposit of a designated sum (as detailed in the quotation at the time of the order) and the balance of the total hire charge on commencement of the period of hire. - 3D Marquees Ltd. invoices are for payment on receipt. - Should full settlement not be made on the day of hire then the company reserves the right to charge interest at 4% per annum above the base rate of Lloyds Bank.
Hire Period
Cancellation
|
|
Period of Notice |
Percentage of the Total Hire Charge |
|
More than 90 days |
25% or deposit paid, whichever is the greater |
|
61 to 90 days |
45% or deposit paid, whichever is the greater |
|
31 to 60 days |
60% or deposit paid, whichever is the greater |
|
8 to 30 days |
75% or deposit paid, whichever is the greater |
|
Up to 7 days |
100% |
Delay
We shall not be liable for delay or failure to complete any contracts as a
result of:
the site being unsuitable or access being unavailable on the date stated for delivery
adverse wind or weather conditions
loss or damage to equipment by fire or flood
any industrial dispute, lock-out or strike
any cause out of our control
grass sites which have not been cut
obstructions to our crew going about their work, such as other contractors/member of the public being in the way
poor access to the site, as we always work under the idea that we can unload straight out of the back of a Luton Van, and clearly having to transport equipment to the intended site from a non-adjacent unloading point will take up valuable time.
Non-availability of Equipment
If for reasons
beyond our control any item of equipment booked is not available for the period
of hire, we reserve the right to substitute an alternative size of marquee or
other equipment to meet, as near as possible, your requirements. If we do so you
will not have any claim against us. In the event that we cannot substitute
suitable alternative sizes of equipment we shall notify you of cancellation of
the contract in which event any deposit or other monies paid by you will be
refunded immediately, but otherwise no claim shall lie against us.
PERIOD OF HIRE:
The hiring of Tentage will commence on the date on which the tentage is
delivered to or made available for collection by the Hirer or its agents or
delivered to and erected on site by the Company whichever is appropriate.
The hiring of Tentage will terminate on the date which the Tentage is collected
from or returned by the Hirer or its agents or collected from the Site by the
Company whichever is appropriate.
RENTALS:
The Hirer shall pay to the Company in advance the rental stated on the order.
Time shall be of the essence in respect of the payment of all sums due hereunder
and the Hirer shall be deemed to have repudiated this Contract if any rental or
other payments shall remain unpaid for more than 30 days after becoming due.
The Company reserves the right to charge interest at the rate of 2% per month on
any rentals or other payments outstanding in excess of 30 days.
The Company reserves the right to charge a deposit to cover part or all of the
value of the Tentage to be paid on a date or dates to be agreed between the
parties.
For avoidance of doubt the Hirer acknowledges that the Rental does not include
any charge for the Company to reinstate the site to its pre-hire state.
REVISION OF RENTAL:
The Hirer expressly acknowledges and accepts that the Company shall be entitled
to revise the Rentals stated on the order (by such amount as the Company shall
in its absolute discretion determine) at any time before commencement of the
Hire period.
(a) in
the event that there is substantial increase in labour or transport cost; or
(b) if the assumption that the Site is level firm and grassed with easy access
and free from over head or underground obstructions and upon which the
assumption the Rental quoted on the order was made is not met; or
(c) if strong winds in excess of force 6 hamper the Company's progress on the site so that it has to employ extra staff to ensure that the Tentage is in place for the Commencement of the Hire Period.
Any
such revision will be notified by the Company to the Hirer as soon as
practicable. In the event that the Hirer does not accept such price revision or
in the circumstances outlined in clause 4.1(b) it is not possible to relocate
the Tentage within the Site the Hirer shall have the right for a period of seven
days after receipt of such notification to serve notice on the Company
cancelling this Contract subject to the return of any Tentage then in the
possession of the Hirer in good repair and condition and subject to any costs
incurred by the Company prior to notification the Hirer will incur no other
liability or obligation to the Company on account of such cancellation and
clause 10 of these Conditions shall not apply.
SITING:
The Hirer shall obtain all necessary consent and approvals from the Local
Authority and other
authorities and Site owners prior to the erection of Tentage. The Hirer
undertakes to indemnify the Company in respect of all costs whatever nature
incurred by any delay arising from the failure of the Hirer to obtain such
consent and approvals, and any costs for calculations or any modifications to
the equipment which are a condition of any such consent or approval.
The Hirer shall ensure that the Site is level, free of obstructions and has no
risk of flooding or has sufficient natural drainage.
The Company shall be granted access to the Site for the purpose of erecting and
dismantling the Tentage for such periods as the Company shall require. Such
access to be suitable for the Company's use.
The Hirer shall be responsible prior to commencement of the Hire Period for
indicating on the Site with ropes and other markers the position and route of
underground or overhead services (if any). The Company accepts no responsibility
whatsoever for damage to the underground or overhead services in the event of
the Hirer's failure to adequately mark the site the cost of repair being borne
by the Hirer.
A representative of the Hirer shall be in attendance to demonstrate the position
on the Site in which the Tentage is to be erected or the Hirer shall provide a
detailed plan for such purpose. If no representative or detailed plan is
supplied to the Company on its arrival at the Site the Company shall be deemed
to have fulfilled its obligations under the Contract by erecting the Tentage in
such a position on the Site as it or its employees think fit without liability
for any damage caused to any underground services or other property the
responsibility and costs of repair of which shall be bourne by the Hirer.
Whenever the Hirer hire Tentage comprising electrical apparatus the Hirer must
provide a suitable 240 volt power point or supply within 15 meters of the
Tentage unless otherwise agreed in writing.
Other than Tentage and ancillary equipment installed by the Company no lighting
heating cooking or other gas or electrical appliances of any kind shall be used
in or adjacent to any Tentage hired from the Company without the previous
consent in writing of the Company except in Tentage which is specially
designated a catering area.
DUTIES OF THE HIRER:
The Hirer shall during the continuance of the Hire Period:-
(a) maintain at its own expense the Tentage on the Site to the same standard of repair as oncollection of delivery;
(b) not make an alteration modification or addition to the Tentage without prior
consent in writing of the Company;
(c)
bear the cost of the repair of any damage caused to the Tentage from any risk;
(d) ensure that the temperature inside the tents forming part of the equipment
does not fall below 12�C in the event of snow being forecast or falling;
(e) not to sell assign mortgage let on hire or otherwise dispose or part with the letting of the Tentage or change the benefit of the Contract nor attempt or purport to do so.
The
Hirer shall be solely responsible for and indemnify the Company in respect of
all loss or damage to the Tentage (insofar as the Company shall not be
reimbursed by the proceeds of insurance in respect thereof) however caused
occurring at any time before termination of the Hire Period.
MOBILE TOILET UNITS:
The Provisions of this clause shall apply where the Company has agreed to hire
to the Hirer one or more mobile toilet units ("the units"). Where there is any
inconsistency between the provisions of this clause shall prevail.
The Hirer shall be responsible for ensuring that the access to the Site will
support the transportation of the Units and if necessary the Hirer shall
construct a platform over which the Units can be transported. The Company accept
no liability whatsoever for any loss or damage to the Units arising during the
transportation loading or unloading of the Units.
The Hirer shall be responsible for connecting the Units to the mains water
drainage and electricity. Emptying and drainage of the Units are the
responsibility of the Hirer unless otherwise agreed in writing.
CONTRACT RESPONSIBILITY / INSURANCE:
The Company Strongly advice the Hirer to take out insurance to cover the Tentage
and associated hire items. The Hirer is responsible contractually for any damage
However caused. Risk shall pass to the Hirer at the commencement of the Hire
Period and repass to the Company upon the termination of the Hire Period. The
Hirer shall throughout each hire period keep the Tentage insured in its full
replacement value as notified from time to time by the Company to the Hirer with
a reputable insurance company against loss or damage from all risks (including
third party risks). The Hirer shall notify such insurers that the Tentage is on
hire from the Company and requests the insurers to endorse a note of such
interest on the policy of insurance naming the Company as loss payees, shall
produce the policy of
insurance, the premium receipts and certificate of insurance to the Company upon
demand and shall not use or allow Tentage to be used for any purpose or in any
country not permitted by the terms and conditions of the policy or do or allow
to be done any act or thing whereby the insurance may be invalidated. The Hirer
shall indemnify the Company against all loss or damage to the Tentage not
recoverable under the policy or insurance.
Where an event or an accident shall occur which is a risk covered by the Hirer's
policy of insurance, the Hirer shall immediately notify the Company thereof,
shall not compromise any claim without the consent of the Company, shall allow
the Company to take over any conduct of the negotiations (except in relation to
claims of the Hirer for personal injuries, loss of the Tentage or loss or damage
to property of the Hirer unconnected with the Tentage) and shall at the expense
of the Hirer take such proceedings (in the sole name of the Hirer or jointly
with the Company, as the Company shall direct) holding all sums recovered
together with any monies received by the Hirer under its policy of insurance on
trust for the Company and paying or applying the same as the Company directs and
as herein provided.
If the Tentage is declared a total loss, the hire thereof shall terminate and
the Company shall apply any proceeds of insurance received by it at its option;
1. towards a replacement of equivalent value which replacement shall be deemed to be including in this Agreement for purpose and the Hirer shall continue to be liable for all rentals as if such loss had not taken place; or
2. in or towards payment to the Company of the sum necessary to compensate the Company for loss of profit suffered as a result of the loss of Tentage.
The Hirer shall be liable to pay the Company any amount deducted by the insurers by way of excess or in respect of damage caused to the Tentage (prior to the date of total loss and (subject to the Application of insurance proceeds under clause 8.3.2 above) shall indemnify the Company against all and any loss suffered by it in consequence of termination of this Agreement.
LOSS OR DAMAGE:
(a) The Hirer shall during the period of Hire be responsible for the maintenance
and safe custody of 3D Marquees Ltd.'s equipment from completion of erection
until dismantling. The hirer is responsible and will indemnify the company
against any loss or damage whatsoever the cause unless the hirer has paid the
damage waiver fee referred to on the quotation/confirmation of order. The hirer
will remain responsible and indemnify the company against any damage or loss
caused by their negligence. In the event of a claim for loss or damage being
accepted by the company's insurers, the hirer will be liable for the first
�500.00 of any such loss or damage.
(b) The Hirer must be satisfied with the equipment before use and should notify 3D Marquees Ltd. of any miscounts, incorrect deliveries or unacceptable equipment before use.
(c) 3D
Marquees Ltd. expects the hirer to take reasonable care of equipment supplied.
Damage, loss, or excessive soiling will be charged for in full.
GENERAL LIABILITY:
The Hirer shall be solely responsible for and hold the Company fully indemnified
against all claims demands liabilities losses damages proceedings and expenses
which may be brought against or incurred by the Company as a result of any
accident involving the Tentage (Other than death or personal injury resulting
from the negligence of the Company, its employees or its agents).
The Hire shall be solely responsible for and hold the Company indemnified
against all claims demands liabilities losses damages proceedings cost and
expenses suffered or incurred by the Company as a result of any breach or
default on the part of the Hirer in discharge of its obligations under this
Contact.
CANCELLATION:
The Hirer may cancel the Contract prior to the commencement of the Hire Period
by notifying the Company in writing and paying by way of liquidated damages:-
1. the full rental if notice is received less than 14 days prior to the commencement of the Hire Period; or
2. 50% of the rental if notice is received between 28 and 14 days prior to commencement of the Hire Period; or
3. 25% of the rental in notice is received more than 28 days prior to the commencement of the Hire Period.
VARIATIONS:
3D Marquees Ltd. will use its best endeavours to supply the hirer with the
equipment ordered but where this is not possible 3D Marquees Ltd. will notify
the Hirer as soon as possible with details of alterations to the design and
specifications of the equipment. Where alteration is fundamental the Hirer may
terminate this contract and any deposit paid will be refunded.
TERMINATION:
If the Hirer shall fail to pay any rental or any other sum payable under this
Contact within 30 days of it becoming due or shall commit a breach of the terms
and conditions of this Contract or shall do or allow to be done any act or thing
which in the opinion of the Company may jeopardies the Company's rights in
Tentage or part of the Tentage in each and every case the Hirer shall be deemed
to have repudiated this Contract and the Company may thereupon or at anytime
thereafter by notice in writing to the Hirer for all purposes forthwith
terminate this Contract.
In the event that:-
1. the Hirer make any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt (or being a company) goes into liquidation (otherwise than for the purpose of voluntary solvent amalgamation or reconstruction); or
2. an encumbrancer takes possession of a receiver is appointed over any property or as sets of the Hirer; or
3. the
Hirer ceases or threatens to cease carrying on business; or
4. the Company reasonably apprehends that any of the events mentioned above is
about to occur relating to the Hirer and notifies the Hirer accordingly;
the Company shall without prejudice to any other rights or remedies available to
it be entitled to cancel the Contract and enter on to the Site to regain
possession of the Tentage.
The Hirer shall upon termination under clause 11.1 and/or 11.2 above pay the
Company
1. all arrears of rental then due and all other sums occurred due and unpaid at the date of termination together with interest thereon payable under clause 3.2 hereof; and
2. the
cost of all repairs required as the date of termination; and
3. any other sums which are or become due to the Company or to which the Company
is entitled by way of damages.
On
termination of the Contract howsoever occasioned or on expiry of the Hire Period
the Hirer shall return the Tentage or permit or obtain access to the Site the
Company and its employees for the purpose of dismantling and removing the
Tentage at such times and for such periods as the Company may require.
FORCE MAJEURE:
Whilst the Company will use all reasonable endeavors to discharge its
obligations under this Contract in a prompt and efficient manner it does not
accept responsibility for any failure in delay caused by circumstances beyond
its control without prejudice to the generality of the foregoing by strikes,
lockouts, fires, accidents, defective materials, lack of availability for
materials, storm, tempest, ingress of water, snow, war or civil commotion,
government regulation or Acts of God.
NOTICES:
Notices shall be deemed to have been served on the party in the case of
positioning by first class post within 48 hours after posting and when
dispatched in the case of telex, facsimile copy or cable and addressed to the
party at its registered office or any address notified to the other party in
writing.
GOVERNING LAW:
This Contract shall be governed by and construed in accordance with the laws of
England and Wales and subject to the jurisdiction of the English Courts.
VARIATION:
No variation of these conditions shall be binding on the Company unless agreed
in writing and signed by on behalf of the Company.
Any typographical, clerical or other error or omission in any hire literature
price list
acceptance of order invoice or other document shall be subject to correction
without any liability on the part of the Company
printable version as a word doc
or call:
01932 254 652
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