TADDLE FARM TENTS LTD TERMS & CONDITIONS OF HIRE
1. DEFINITIONS. In this document, the “Company” refers to Taddle Farm Tents, the “Hirer” refers to the paying client, the “Hire Equipment” is the equipment outlined in the quotation (“Hire Agreement” when accepted with a deposit) and the “Hire Charge” means the fee + VAT (at 20%) for hire and supply of the equipment or services payable by the Hirer to the Company.
2. CONDITIONS. The company will submit a written quotation which the Hirer shall accept in writing: the absence of such written quotation or acceptance shall not invalidate the Contract, and all the 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. Written quotations will remain valid for 14 days after the quotation date.
3. PERIOD OF HIRE. The period of hire is understood to mean the period for which the Hire Equipment is required to be ready and available for use.
4. 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 to:-
a) is flat level firm ground with easy access for heavy motor transport and
b) has no drain pipes, cables or other services buried beneath the surface or otherwise concealed unless a detailed service plan has been submitted to the Company.
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.
5. EXCLUSION 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, 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 have been supplied to the Company.
6. THE POSITION OF TENTS AND EQUIPMENT. It is the Hirer’s responsibility to have a representative on the site for the purpose of deciding marquee positioning. If the Hirer shall fail to provide a representative on the site the Company may erect the marquees and equipment where it thinks fits and it shall be deemed to have performed the Contract.
7. 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.
8. HIRE CHARGES. All goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on the day arranged. The hire charges published in any of the Company’s printed matter are for guidance of Hirer’s in estimating costs only and do not constitute an offer. In this instance, the Company may add installation charges in addition to published per item hire charges for example.
9. PAYMENT. The Company reserves the right to charge a non-refundable deposit of 25% of total quotation total to confirm the listed Hire Equipment for the booking date stated. The remaining balance will be payable 1 month prior to the event date, following a separate invoice. The Company is entitled to ask for an additional refundable deposit to protect against equipment damage during the event.
10. LOSS OR DAMAGE. The Hirer is wholly responsible for all equipment on hire from the time of delivery until collection. He will be responsible for the safe custody of the Company’s property on the site, and will make good to the Company all loss or damage to the Company’s property or equipment hired or used on the site (other than fair wear or tear) such as breakages, crockery and glass etc. including those due to theft, unless it be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of the Company. No guarantee can be given that equipment will be removed the following day, we will do our best to meet the wishes of the Clients whenever possible. We cannot accept any items in place of our own.
11. INSURANCE.
a) The Client shall be responsible for and indemnify the Company against any loss of or damage to all hired equipment whatsoever the cause, under clause 10.
b) The Client must provide to the Company proof of having arranged insurance in their name for their Hire Equipment including equipment cross hired by the Company, 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 11a and 11b will not apply. Please note that the Client will remain responsible for the first £500 of any loss and for any loss or damage resulting from their negligence or legal liability. The Client will be responsible for the first £2,500 replacement for loss or theft of towable generator units and toilet units.
12. 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 or damage to property howsoever caused unless it is proved that such injury or damage be caused by faulty material or workmanship or negligence on the part of the Company.
13. ERECTION AND DISMANTLING. The Company normally provides labour for erection and dismantling and the cost thereof is included in the hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property.
14. ATTENDANCE. The Hire Charges do not include attendance by the Company’s staff except during the actual processes of erection and dismantling. This can be arrange separately, but will be an additional cost.
15. PERMITS. The Hirer is responsible for giving notice or obtaining all the necessary permits form any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. 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 Company by the Hirer and shall be deemed to be part of the Hire Charge for the purpose of Clause 7.
16. FORCE MAJEURE. While every effort will be made by the Company to carry out any order accepted, the full performance is subject to variation or cancellation by the Company consequent upon act of God, War, Strikes, Riots, Lock-outs or other labour disturbances, Fire, Flood and severe Weather Conditions, restrictions on the use of Transport, Fuel, Power, Requisitioning, Shortage of Material or Transport or Labour or any other cause beyond the control of the Company. Severe wind speeds will prevent the erection of marquees, and refundable payments made will be returned.
17. 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.
18. 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 30 days or more prior to the event date there will be a charge of 25% of the Hire Charge (this is in effect The Company retaining the 25% non-refundable deposit already paid). If the cancellation date is between 15 and 30 days inclusive prior to the event date then there will be a charge of 50% of the Hire Charge, if the cancellation date is between 7 and 14 days inclusive prior to the event date then there will be a charge of 75% of the Hire Charge and if the cancellation date is less than 6 days prior to the event date then full Hire Charges will be made.
19. EVENT DATE POSTPONEMENT. In the event that the Hirer wishes to or is forced to postpone their event date, the Company will regard this as a cancellation and the standard booking procedure will apply to secure the new date, as per a new order. Upon cancellation non-refundable deposits will be retained by the Company, as in Clause 18 above.
20. NAKED FLAMES AND HEAT. Candles or hurricane lamps are not to be placed within marquees without permissions from the Company, after which they may not be moved without further permission. The Hirer must also ensure that all naked flames are extinguished at the end of the event. Fire bowls are lit and used at the Hirer’s own risk, and the Company will take no responsibility for injury or property damage as a result of its use. Marquee heaters are operated at the Hirer’s own risk, and the Company will take no responsibility for injury or property damage as a result of its use.
21. LAW & JURISDICTION. The Agreement shall be governed by and construed in accordance with the laws of (England and Wales) (Scotland), (Isle of Man) and disputes arising in respect of the Agreement shall be submitted to the non-exclusive jurisdiction of the (English and Welsh), (Scottish), (Isle of Man) Courts.