Terms and conditions
These are the Stretch & Tents terms and conditions of hire.
“The Code” means the Performance Textiles (formerly known as Made Up Textiles) Association’s Code of Practice for Marquee Hirers, a copy of which is available on request
“Company” means Stretch & Tents.
“Delivery Date“, “Deposit (if any)“, “Equipment“, “Client“, “Price“, “Site” and “Use Period” shall have the meanings as set out in the Quotation.
“Period of Hire” means the period from the Delivery Date until the Equipment has been dismantled and removed from the Site.
“Quotation” means the quotation sent by the Company to the Client as set out overleaf.
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 quotation is received. The booking is not secured until this deposit has been received.
All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions, the Code and the Quotation.
The Company Undertakes
- to deliver the Equipment on the Delivery Date and to proceed to erect it for use on or before the commencement of the Use Period except that if the Equipment is tables, chairs and forms the Company’s obligation is limited to delivery only.
- to dismantle and remove the Equipment from the Site as soon as reasonably practicable after the Use Period.
The Client Undertakes
- to pay the Deposit (if any) and to pay the balance in accordance with the Quotation.
- to pay interest on all monies outstanding 14 days after the date for payment both before and after judgement at a rate of 4 per cent per annum above the base rate of National Westminster Bank Plc from time to time.
- 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 in the Site of which it is aware that may take place after the date that the plan is provided.
- to obtain any necessary permission to erect the marquee from the site owner.
- to obtain any necessary licences from the local authority relating to the planned activity within the marquee.
- to obtain planning consent and/or building regulations approval, should this be required.
- 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.
- not to enter the Equipment while it is being erected by the Company
- to keep any part of the Equipment that is a framed structure or a tent completely closed and secure when not in use.
- 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.
- 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.
- a. The client shall be responsible for and shall reimburse the company for any loss of or damage to all hired equipment whatsoever the cause unless the damage or loss is the fault of the company.
- The client must provide to the company proof of having arranged insurance in their name for their hired equipment at least seven days prior to the delivery date of the equipment; confirmation that the client’s household insurance policy covers the hired equipment would be sufficient
- Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation then the above clauses 10a and 10b will not apply. Please note that the client will remain responsible for and will reimburse the company for any loss of or damage to all hired equipment resulting from their negligence or criminal act.
- 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.
- 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.
- The Company will use its best endeavours to supply the Client with the Equipment ordered but where this is not possible the Company will notify the Client as soon as possible of any alterations to the design and specifications of the Equipment and where the alteration is fundamental the Client may terminate this contract and any Deposit paid will be refunded plus any unavoidable expenses incurred by the client.
- The Price is based on the assumption that the Client provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the Site with adequate hard-standing for commercial vehicles is free from flooding trees and overhead obstruction. If this is not the case or if the Client wishes the Company to erect the Equipment in a different position on the Site to the one indicated by the Client to the Company at the time of the Quotation and in either event the costs to the company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price in accordance with the Company’s published price list and hourly labour rates then in force.
- 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 the thirty minutes after the last clap of thunder.
- The Client must understand that the it 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.
- The Price does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
- 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.
- 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.
- The Client will allow suitable time for the installation and dismantling, and removal of equipment.
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.
- 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.
- If the parking is inadequate and the Company receives a parking fine the Client is required to pay a fine. Unless one of the following:
- The Company receives a parking fine due to negligence of the Company Crew Director
- The Company receives a parking fine due to poor time management skills
- The Client consents that any photography provided to the Company is allowed to be used for PR purposes and marketing by the Company only.
- 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. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise. 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.
- Once the period of 7 days referred to in the preceding clause has passed, should the Client cancel the contract the Client shall compensate the Company to the extent of their reasonable costs incurred. As a guide, these would be no more than 20% of the Price if the Company is able to re-let the equipment or 50% if it is unable to do so. Cancellation less than seven days prior to the Period of Hire may result in higher costs, but the compensation due will not in any event exceed the Price.
- Once the period of 7 days referred to in the preceding clause has passed, should the Company cancel the contract the Company shall pay the Client compensation of 50% of the Price (100% if less than seven days prior to the Period of Hire) or the Client’s unavoidable expenses, whichever is greater.
Loss or Damage
- The Client shall during the period of use be responsible for the maintenance and safe custody of the product or equipment from completion of erection until dismantling.
- 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
- 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 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.
- 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.