Terms and Conditions
GENERAL CONDITIONS OF HIRE
1. DEFINITION. “The Company” means Tentz, their sub-contractors any agents. “The Hirer” means the person or persons hiring the equipment from the Company. “Equipment” means the marquees, tents, canvas, tarpaulins, tables, chairs, boarded and polypropylene floors, dance floors, awnings, carpets, electrical installations, drapes, flags and bunting and other decorations and any article of similar kind, together with ropes and pegs etc. ordinarily used in the support of any articles previously mentioned.
2. SITE. Our quotation is based on the assumption (a) that the site is served by a firm access road with adequate hard standing and that the site is firm, level, free from flooding, trees and overhead obstructions and without buried pipes or other concealed services which might suffer damage occasioned by the transport, erection, use or dismantling of the equipment, or entail any extra labour (b) that the hirer will be solely responsible for all damage to the surface and cultivations of the site occasioned as above. If any of these assumptions are incorrect then (unless the hirer shall so inform the Company promptly after receipt of this quotation in which event this quotation is withdrawn though the Company will be glad to inspect and submit a fresh one) the Company will charge and the Hirer will pay in addition to the quoted price all ensuring losses, additional costs and liabilities.
3. PERIOD OF HIRE. The period of hire is understood to mean the period of time commencing when the equipment arriving on the site is fit for the purposes for which it is hired and terminating when the equipment is removed. The Company undertakes to deliver the equipment within a reasonable time of it being required to be ready for use by the Hirer and to remove it as soon as reasonably practical thereafter.
4. POSITION OF EQUIPMENT. In reasonable time before the Company erects any of the equipment the Hirer shall inform the Company where precisely on the site the equipment is to be erected. In the absence of such information the Company shall be at liberty to erect in such position as the Company thinks fit. If thereafter the Hirer desires to erect the equipment in a different position on the site the Company may accordingly re-erect the equipment if there is reasonable time in which to do so before the period of hire commences and the Company shall charge the Hirer the reasonable cost of doing so. The Company also reserves the right to erect tents to any size near to that ordered.
5. LOSS OR DAMAGE. (I) during the period of hire the Hirer shall be responsible for the safety of the equipment and shall make good to the Company all loss and damage to the equipment howsoever and by whomsoever caused EXCEPT where such loss or damage is the consequence of defective materials or workmanship. The Hirer shall forthwith insure the equipment during the continuance of the hiring against loss or damage by accident, fire, storm or tempest and theft for the full replacement value thereof with some insurance Company to be approved by and in the name of the Company (ii) notwithstanding the exception contained in sub clause (I) of this clause the Hirer shall indemnify the Company against all loss or damage to the equipment howsoever caused (and including loss or damage resulting from fire) resulting from the wilful or malicious act or acts of a third party.
6. FRUSTRATION. Although the Company will use its best endeavours to fulfil every contract, performance of the contract is subject to variation or cancellation by the Company in consequence of trade disputes, fire, Act of God, war, civil emergencies, breakdown failure or restrictions on the use of transport, fuel or power, requisitioning, or any other cause beyond the reasonable expectation or control of the Company.
7. ERECTION AND DISMANTLING. The Company normally provides for erection and dismantling and the cost thereof is included in the Hire charge. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company’s property. Hire charges do not include attendants nor the services of watchmen and the safe custody of all equipment will be the customer’s responsibility until collected.
8. MODIFICATIONS. No representations or arrangements whenever or however made shall in any way modify this quotation, or these general conditions which shall be modified only by a supplementary written contract expressed to the made for that purpose.
9. TERMINATION. The hirer shall be at liberty to terminate the Contract by notice in writing to the Company, not less than fourteen days before the start of the period of hire on payment to the Company by way of agreed damages of a proportion of the quoted total cost of hire depending on the length of notice of termination so give to the Company namely one half if the notice of termination is so given less than twenty eight days before the start of the period of hire and one quarter if so given more than twenty eight days before such start. If the Hirer otherwise terminates the Contract he shall be liable to pay the Company the whole of the quoted total cost of hire. In every case of termination on reasonable grounds and on adequate notice, but without prejudice to its rights under this clause the Company will sympathetically consider any fair request from the Hirer to mitigate the sum otherwise thereunder due to the Company.
10. DURING the period of hire the Company shall not be liable either to contract or in part for loss, injury or damages sustained by reason of any defect in the equipment or its erection whether such defect be latent or apparent on examination and the Company shall not be liable to indemnify the Hirer in respect of any claim made against the Hirer by a third party for any such loss injury or damage.
11. IF the Hirer shall commit an act of bankruptcy or have a Receiving Order made against him or shall make any arrangement for the benefit of creditors or if distress or execution shall be levied or threatened upon any of the Hirer’s property then the Hiring shall automatically and without notice determine and thereupon the Hirer shall cease to be in possession of the equipment with Company’s consent.
12. THE equipment shall remain the property of the Company and nothing in the Hiring shall confer or be deemed to confer any interest in the equipment in the Hirer.