a) “We/Us” means South West Marquees Limited.
b) “You” means the person named on the Booking Form.
c) “Equipment” means marquees, tables, chairs, flooring, lighting etc provided by Us to You under this contract.
d) “Function Date” means the date given by You on the Booking Form.
2. TERMS OF HIRE
a) All orders are accepted by us subject to these Terms and Conditions of Hire, and the information in our Quotation and Booking Form. We are not bound by any variation unless it is in writing and signed by a director.
a) All quotations are subject to the availability of Equipment. Whilst every effort will be made to ensure that the Equipment ordered is delivered We reserve the right to substitute the nearest available item should the specific Equipment be unavailable.
b) Should You wish Us to erect the Equipment on any site other than that identified at the time of the quotation We reserve the right to vary the price to reflect any additional costs.
c) Additional equipment ordered by You after the delivery of your original order will be subject to a delivery charge.
4. ERECTION AND DISMANTLING
a) Hire Charges for marquees, flooring & lighting include the cost of labour for installation, erection & dismantling.
b) Attendance on site by our staff except for installation, erection and dismantling is not included in the Hire Charges.
c) If delivery, installation, erection or dismantling is required before 0800 or after 1800 hours and this has not been stated in the Quotation additional Hire Charges may be made.
d) Hire charges for tables and chairs include delivery but do not include erection, placing or dismantling, unless previously arrange at extra cost.
We rely upon your warranty that: a) The site is reasonably flat, level and firm ground with access for motor transport.
b) That no drains, pipes, cables or any other services are buried beneath the surface or otherwise concealed.
c) The site will be available for installation between 0800-1800 Monday to Friday for at least 5 working days before the Function Date.
d) Where electrical equipment is hired that You will provide a suitable 240 volt/16 amp power point within 70 metres of the location of the equipment and accept full liability for the adequacy, safety and reliability of the supply.
6. YOUR RESPONSIBLITIES
a) You must give any notice and obtain any permissions required for your event.
b) You must take reasonable care of the Equipment on site other than during erection and dismantling.
c) Marquees or electrical equipment that we install must not be moved after installation.
d) You must carry out regular inspections of the Equipment, and for marquees ensure that pegs and ropes remain secure and taut, that the marquee is completely closed and secure, and all doors are fastened in place when not in use.
e) You will not permit smoking or put any crepe paper/coloured paper/straw bales or other inflammable materials, lighting, heating, cooking or other gas or electrical appliances in or within 5 metres of any marquee without our agreement in writing.
f) You are responsible for maintaining a comfortable environment within the marquee. As temporary constructions marquees cannot provide full protection against all weather conditions. In the event of snow You must heat the interior to not less than 12° Centigrade.
g) You are responsible for the safety of your own goods while in our marquee.
h) If You are not personally present at all times during the use of Our Equipment You must make sure that a responsible person is present and is aware of the responsibilities identified in these Terms and Conditions of Hire.
i) Any complaint or claim You have relating to the Us or our Equipment must be notified to Us as soon as practical, and in any event confirmed in writing within 7 days of Your event.
a) Unless You produce to Us at least 3 working days before the date set for installation acceptable evidence of comprehensive insurance cover for your event and our equipment We will charge a Damage Waiver Fee as notified in our quotation which forms part of the Hire Charges and which is subject to VAT.
b) If a Damage Waiver Fee is charged and paid We will accept responsibility for damage to our equipment by Fire, Theft, Vandalism, Explosions, Storm and Tempest, subject to you having complied with Your Responsibilities.
c) In the event of loss or damage arising from Fire, Theft or Vandalism this is also subject to your reporting the event to the Police immediately upon discovery, cooperating fully with any Police enquiries and also notifying us within 24 hours.
d) Any loss or damage arising from failure by You to comply with these Terms and Conditions of Hire is excluded.
8. TERMS OF PAYMENT
a) No contract is created between You and Us until we have received a signed Booking Form and a minimum deposit of 20% of the total value of the booking. Deposits are non-refundable.
b) The balance must be settled in full at least 3 days before the Function Date, or, if earlier the date agreed for installation of marquee(s) and/or delivery date of any furniture and/or equipment. If payment is not made We reserve the right to defer erection or cancel this contract with immediate effect.
c) Payments by credit card will be subject to a surcharge of 2% of the payment.
d) Interest will be charged on any outstanding balances from the date due at 5% per annum above Bank Base Rate until paid in full.
If You cancel this contract We reserve the right to charge fees as a percentage of the total hire charge on the following basis:
a) More than 30 days before Function Date – 20%
b) More than 3 days before Function Date – 50%
c) Less than 3 days before Function Date – 100%
Except for claims for fraudulent misrepresentation, and/or death and personal injury caused by our negligence:
a) We exclude all liability to any Third Party, meaning anyone other than You.
b) You will indemnify us against any claim made against us by any Third Party arising from our contract with You, including our reasonable legal costs.
11. FORCE MAJEURE
We accept no liability if We are unable to meet our obligations in full or in part by reason of events beyond our control, including but not limited to acts of God, War, Terrorism, Civil Disorder, Adverse Weather Conditions, or Restriction or Obstruction of Transport.