Lincoln Marquees or their subcontractors or agents.
This is the person hiring the equipment from 'THE COMPANY'.
'THE PERIOD OF HIRE'
The period of Hire is understood to mean the period of which any equipment is required to be ready and available for use or in the 'HIRERS' control.
'PAID INVOICE APPROVAL'
The confirmation from the COMPANY to the HIRER that the HIRE has been agreed.
The amount agreed by the 'HIRER' and 'THE COMPANY' for hire of the equipment.
'COMPANY STANDARD DELAY CHARGE'
This is the amount 'THE COMPANY' will charge the 'HIRER' for delays that are not the fault of 'THE COMPANY' and the 'HIRER' agrees to pay.
The agreement between the 'HIRER' and 'THE COMPANY' in line with theses Terms and Conditions and the 'PAID INVOICE APPROVAL'.
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the 'HIRER' by authorising or allowing work to proceed is deemed to have acknowledged this.
(a) The 'HIRE CHARGES' are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. Should these circumstances cause delay 'THE COMPANY' then the 'HIRER' will be charged at 'THE COMPANIES STANDARD DELAY CHARGE', charges do not include any making good or repairing of damage to the site.
(b) The 'HIRER' is required to provide 'THE COMPANY' with either a plan showing the position in which the tents or equipment are to be erected or should have a representative on the site for that purpose. In the absence of both then 'THE COMPANY' having erected the tents or equipment where he thinks fit shall be deemed to have completed the contract.
(c) The Hirer should never presume that any
of the Company's equipment will be attached or joined to any buildings within the site unless stated in the Company's booking forms and with express prior discussion.
(d) 'THE COMPANY' will agree with the 'HIRER' the date and time for collection and dismantle of equipment before or during the 'PERIOD OF HIRE'. It is the 'HIRERS' responsibility to ensure that 'THE COMPANY' has unrestricted access to the equipment for collection and dismantle on the agreed time and date. If 'THE COMPANY' is delayed carrying this out then the 'HIRER' is subject and agrees to pay the 'COMPANY STANDARD DELAY CHARGE'.
03. ERECTION AND DISMANTLING
The Company normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges.
Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company's property.
The 'HIRE CHARGES' do not include attendance by staff except during the actual processes of erecting and dismantling the hired equipment.
05. FORCE MAJEURE
While every effort will be made by 'THE COMPANY' to carry out any accepted 'PERIOD OF HIRE', the full performance of it is subject to variation or cancellation by 'THE COMPANY' consequent upon Act of God, War, Strikes, Riots, Lockouts, Fire, Flood, Storm, Gale or Tempest, restrictions on the use of transport, Fuel or Power.
Requisitioning Storage of material or transport or labour or any other cause beyond the control of 'THE COMPANY'.
No verbal representations or arrangements are recognised by 'THE COMPANY'.
A booking may only be deemed valid once the 'HIRER' is in receipt of
a booking confirmation in the form of a "PAID INVOICE APPROVAL"from 'THE COMPANY'.
'THE COMPANY' will provide a "PAID INVOICE APPROVAL" subject to availability and on receipt of payment in full or an agreed deposit amount, should 'THE COMPANY' not have availability then the payment will be returned to the 'HIRER'.
The 'HIRER' may terminate the contract in writing up to 14 days before the agreed hire date, however the deposit is non -refundable, and 'THE COMPANY' reserves the right to charge the full contracted invoice amount if fourteen days notice is not rendered.
08. HIRE CHARGES
The charges published in any of 'THE COMPANY' printed material are for the guidance of the 'HIRER' in estimating costs only and do not constitute an offer.
'THE COMPANY' will use its best endeavours to supply the 'HIRER' with the equipment ordered. Where this is not possible 'THE COMPANY' will notify the 'HIRER' as soon as possible with any alterations to the design and specifications of the equipment and where alteration is fundamental the 'HIRER' may terminate this contract and any deposit paid will be refunded.
A 20% deposit of the total amount due will be required for 'THE COMPANY' to acknowledge a hire and issue a 'PAID INVOICE APPROVAL', the full balance owing must be paid 28 days before the day of the date of hire, or on the day before the equipment is delivered or erected.
All deposits are NON REFUNDABLE, however any payments made towards the balance owing may be retrieved from 'THE COMPANY' up to 14 days before the'PERIOD OF HIRE,, this will be at the discretion of 'THE COMPANY' and any decision made by 'THE COMPANY' on the refund is final.
11. LOSS OR DAMAGE
(a) The 'HIRER' shall during the 'PERIOD OF HIRE' be responsible for the maintenance and safe custody of 'THE COMPANY' equipment hired from completion of erection until dismantling.
(b) The 'HIRER' must be satisfied with the equipment before use and should notify 'THE COMPANY' of any miscounts, incorrect deliveries or unacceptable or damaged equipment before use.
(c) The 'HIRER' will not use Staples, Drawing Pins, Screws, Nails, Blu Tac or equivalent materials to affix anything to equipment owned by 'THE COMPANY'. The 'HIRER' will pay the full replacement cost for the equipment to be replaced with new and like for like if the 'HIRER' or any third party carries out this action during the ' PERIOD OF HIRE' . Where this is not possible due to discontinuation an equivalent will be sourced at the 'HIRERS' cost.
The insurance provided by 'THE COMPANY' covers the equipment against: Theft, Fire. It is the 'HIRERS' responsibility to ensure all hired equipment is kept in a secure and safe place for the 'PERIOD OF HIRE'.
13. EXCLUSIONS FROM INSURANCE
(b) Insurance excess - The insurance cover excludes the first £1000.00 of any claim and this is payable by the 'HIRER' to 'THE COMPANY'
(c) Cover only applies to equipment that is delivered by 'THE COMPANY' and does not include any equipment provided by a sub-contractor, unless invoiced by 'THE COMPANY'.
(d) Disappearance, Unexplained or inventory shortage.
(e) Consequential Loss.
(f) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
(g) Any breach of 'THE COMPANY' terms and conditions as herein stated will negate the insurance policy.
(h) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to 'THE COMPANY' within 12 hours.
14. THE 'HIRERS' RESPONSIBILITY
(a) The Hirer should not enter the equipment while the Company is erecting or installing equipment.
(b) The 'HIRER' should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the 'PERIOD OF HIRE'.
(c) The 'HIRER' should not tamper, move,lift,push or pull 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'.
(d) The 'HIRER' should not use any lighting, heating, cooking or other gas or electrical appliances of any kind in 'THE COMPANY' structures or marquees without the prior consent in writing from 'THE COMPANY.
(e) The 'HIRER' is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation.
Any costs incurred in delays or modifications in the work or arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to 'THE COMPANY' by the HIRER'.
The cost of this delay will be charged at the 'COMPANY STANDARD DELAY CHARGE'.
Where appropriate obtain a licence from the Local Authority,
any requirements under the licence must be notified to 'THE COMPANY' in writing, at least 28 days prior to the 'PERIOD OF HIRE'. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly. In this instance all deposits will be retained by 'THE COMPANY'.
The 'HIRER' is responsible for ensuring that all carpets, marquees, dancefloors and any other equipment is cleared of rubbish and debris before 'THE COMPANY' collects the equipment. If 'THE COMPANY' is delayed then the 'COMPANY STANDARD DELAY CHARGES' will be applied and charged to the 'HIRER'.
16. LIABILITY TO THIRD PARTIES.
'THE COMPANY' will not be responsible for and the HIRER will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence by the company or its employees.
17.COMPANY STANDARD DELAY CHARGES 2019/2020
Significant disruption can be caused by withholding equipment as it may be required for another 'PERIOD OF HIRE'. The 'HIRER' agrees to pay the above fee for withholding access or delaying the collection or dismantle of equipment hired from "THE COMPANY".
The 'HIRER' by making payment to 'THE COMPANY' and accepting the 'PAID INVOICE APPROVAL' is agreeing that He/She/They will be bound and abide by the Terms and Conditions set out above.
By Accepting a payment from the 'HIRER' and issuing a 'PAID INVOICE APPROVAL' it is agreed that THE COMPANY will be bound and abide by the Terms and Conditions set out above.
No further agreement is in place between either party unless written consent from both parties is agreed. Retraction from this contract must be done in writing and agreed by both parties unless set out as a condition above.
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