Terms and conditions
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.
WEBSITE TERMS AND CONDITIONS
This website is operated by Stretch Event Productions Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Stretch Event Productions Ltd. Stretch Event Productions Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 – PERSONAL INFORMATION
SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Stretch Event Productions Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Stretch Event Productions Ltdfc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 15 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]