Terms and conditions
Terms and conditions of hire
Definitions
“Company” means Stretch & Tents and/or their subcontractors or agents
“Client” is the person hiring the equipment from the Company.
“Delivery date” is the day on which the equipment is delivered.
“Site” is the area where the tent is to be erected.
“Equipment” is the items referred to in the Invoice.
“Rental Period” is the period referred to in the Quotation.
“Period of Hire” means the period from when the Equipment is delivered to Site until the Equipment has been dismantled and removed from the Site.
“Hire Charge” is the amount payable by the Client to the Company as specified on the Invoice.
“Quotation” and “Invoice” mean the quotation and invoice sent by the Company to the Client detailing the Equipment, Services, Rental Period and Hire charge.
These conditions shall apply to all orders and contracts for the supply of Equipment in the UK by the Company or its authorised agents and if there are any qualifications or variations to these conditions it is important for the avoidance of doubt that such variations should be in writing in the space overleaf.
Clients must pay a non-refundable 50% deposit to secure the booking once the Invoice is received. The booking is not secured until this non-refundable deposit and signed Terms & Conditions have been received.
All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions and the Invoice.
The Company Undertakes
1. to deliver the Equipment and to proceed to erect it for use on or before the commencement of the Rental Period, excepting where the Equipment is solely furniture in which case it is delivery only.
2. to dismantle and remove the Equipment from the Site as soon as reasonably practicable after the Rental Period.
The Client Undertakes
1. to pay the non-refundable Deposit (if any) and to pay the balance in accordance with the Invoice.
2. to pay interest on all monies outstanding 14 days after the date for payment both before and after judgment at a rate of 4 per cent per annum above the base rate of Barclays Bank.
3. to provide the Company a reasonable period of time before the Delivery Date with an accurate plan of the Site showing all relevant services and any apparent obstacles which may affect the erection of the Equipment and the position on the Site in which the Equipment is to be erected and to advise the Company of any alterations to the Site of which it is aware that may take place after the date that the plan is provided.
4. to obtain any necessary permission to erect the marquee from the site owner.
5. to obtain any necessary licences from the local authority relating to the planned activity within the marquee.
6. to obtain planning consent and/or building regulations approval, should this be required.
7. if any part of the Equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by the Company within 15 metres of the Equipment.
8. to keep any part of the Equipment that is a framed structure or a tent completely closed and secure when not in use.
9. the Company reserves the right to revise or withdraw any quotation prior to acceptance and to vary the quoted charges should substantial increase in costs occur.
10. Should the settlement not be made on the day of use then the Company reserves the right to charge interest at 4% per annum above the base rate of Barclays.
11. not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the Company.
12. not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
13. to be present/available on the Delivery date to confirm positioning of the Tent before the Company commences building the structure. If the Client wishes to change the tent position after the build has commenced, they accept this is not always possible and is at the discretion of the Company. If repositioning of the tent is deemed possible by the Company, the Client will be liable to additional labour charges.
14. not to enter the Equipment while it is being erected by the Company
Variations
1. The Hire Charge is based on the assumption that the Client provides a firm and level site suitable for the erection of a Stretch Tent, which is serviced by a firm access road adjacent to the Site, with adequate hard-standing for commercial vehicles and is free from flooding, trees and overhead obstruction.
Adverse Weather
- In the rare occasion of adverse weather such as thunderstorms and lightning- the tent must be vacated and shelter sought indoors. Client and guests should not return to the tent until thirty minutes after the last clap of thunder.
- The Client must understand that the product is a temporary structure, and the Company is operating within parameters that they must adhere to. If in the case of extreme weather conditions the structure may not go ahead.
- Should the Client require an onsite duty officer this will incur a further fee.
Understandings
1. The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
2. All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
3. The Client should not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever, without written consent of the Company.
4. All items hired are charged whether used or not.
5. The Client will allow suitable time for the installation and dismantling, and removal of equipment.
Assembled & Pre Assembled Structures Sign off
Upon the signing of the Assembled & Pre Assembled Structures sign off sheet, the Client is of the understanding that if the Company is required to return to site, a minimum call out fee of £180 will incur, unless:
- The structure has been compromised by adverse weather conditions
- Under extreme circumstances, with the discrepancy of the Director
In the event where the Client is absent during the undertaking of the Assembled & Pre Assembled Structures sign off the Company is not responsible for a recall.
Festivals: The Client is required to be present with the health & safety officer during the undertaking of the certificate of completion.
Certificate of Completion
Upon the signing of the certificate of completion, the Client is of the understanding that if the Company is required to return to site, a minimum call out fee of £180 will incur, unless:
- The structure has been compromised by adverse weather conditions
- Under extreme circumstances, with the discrepancy of the Director
In the event where the Client is absent during the undertaking of the certificate of completion the Company is not responsible for a recall.
Festivals: The Client is required to be present with the health & safety officer during the undertaking of the certificate of completion.
Parking
1. The Client is required to provide adequate parking facilities for the duration of the install. In the form of a parking space, parking permit, or designated parking.
2. If the parking is inadequate and the Company receives a parking fine the Client is required to pay said fine. Unless one of the following:
-
a.The Company receives a parking fine due to negligence of the Company Crew Director
b. The Company receives a parking fine due to poor time management skills
Photography
- The Client consents that any photography provided to the Company is allowed to be used for PR purposes and marketing by the Company only.
Cancellation
Either party shall have the right to terminate this Contract without penalty within seven days from the date of the contract subject to written confirmation of such termination being given by one party to the other within such period. The Client is therefore advised not to enter into any other contract that relies upon the hire of the equipment until this seven day “cooling off” period has passed.
Loss or Damage
- The Client shall be responsible for the maintenance and safe custody of the product or Equipment for the duration of the Period of Hire.
- The client shall indemnify the Company against any loss, damage or excessive soiling, howsoever caused and shall indemnify the Company against the full value of any loss, damage or excessive soiling caused by the Clients’ guests or visitors or by the Clients negligence, legal liability or failure to comply with these terms and conditions.
- The Client shall notify the Company regarding any loss, damage or excessive soiling however caused by the Client’s guests or visitors or by the Clients negligence during period of use and will be liable for any costs incurred in the replacement, repair or cleaning of equipment.
Exclusion of Liability
1. Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control, the liability of the Company shall be limited to return of the monies paid by the Client.
2. The Company will take all reasonable care to avoid any damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.The Company will make every effort to complete the erection of the Equipment on or before the commencement of the Use Period, provided that the Client has complied with the undertakings set out above. If the Equipment is not erected before the commencement of the Use Period the Client shall have the right to withdraw and the Company shall return all monies paid. The Company shall also reimburse the Client for any unavoidable additional expenses incurred, except that, if the