Golden Marquees will submit a written quotation which the Hirer shall accept in writing or a signed booking form: the absence of such written quotation or acceptance however shall not invalidate the Contract, and all the work quoted for and undertaken by, or goods hired from Golden Marquees shall be subject to these terms and conditions, and the Hirer by authorising or allowing work to proceed or goods to be delivered is deemed to have confirmed the Contract and to have accepted these terms and conditions.
(a)'The hirer'- is the person hiring the equipment from Golden Marquees.
(b)'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.
(c)‘Contract’- the document or documents to which these terms and conditions are attached, these terms and conditions themselves and all other details about your agreement with us and to which we have agreed in writing signed by a Director of Golden Marquees.
(d)‘You’- the person, firm, company or other organisation hiring equipment from us.
(e)’The site’- the location where equipment is to be erected and or supplied as specified in the contract.
(f)‘Equipment’- the items listed in the contract and any other items used to facilitate the equipment on site.
These conditions override any terms and conditions you may have put forward, unless Golden Marquees have agreed to any other conditions in writing and this agreement has been signed by a Directory of Golden Marquees.
Golden Marquees will submit a written quotation which the Hirer shall accept in writing or a signed booking form: the absence of such written quotation or acceptance however shall not invalidate the Contract, and all the work quoted for and undertaken by, or goods hired from the company shall be subject to these terms and conditions, and the Hirer by authorising or allowing work to proceed or goods to be delivered is deemed to have confirmed the Contract and to have accepted these terms and conditions.
2(a). Conditions of site
Golden Marquees quotation for hire charges is made on the assumption that the site on which the tents or equipment are to be erected or to which goods are delivered is:
(a)flat level firm ground with easy access for heavy motor transport and,
(b)has no drain pipes, cables or other services buried beneath the surface or otherwise concealed.
(c)If on arrival to site the carry from point of parking to point of erection is found to be greater than 20 meters a surcharge may be applied
If the said site does not comply with these requirements, Golden Marquees may in its discretion either rescind the Contract by giving oral or written notice to the Hirer or make additional hire charges. Golden Marquees shall not be liable to the Hirer for any loss damage or expense resulting from such rescission of the Contract.
2(b). Exclusion of liabilty for damage to site and services
Whether Golden Marquees complies with the foregoing requirements or not, Golden Marquees shall not be under any liability whatsoever to make good any damage to the site nor shall Golden Marquees be under any liability whatsoever in respect of damage to drain pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drain pipes or cables or other services shall been supplied to Golden Marquees.
2(c). The position of tents and equipment
The Hirer shall provide Golden Marquees with a plan showing the position in which the tents or equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the Hirer shall fail to provide a plan or have a representative on the site then Golden Marquees may erect the tents and equipment where it thinks fit and it shall be deemed to have performed the Contract.
All goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on day arranged. The hire charges published in any of Golden Marquees printed matter are for the guidance of hirers in estimating costs only and do constitute an offer.
4.Variations of hire charges
Golden Marquees reserves the right to vary the quoted hire charges in the event of any increase taking place before or during the period of hire in the cost of labour, materials or transport.
5.Variations in hire equipment
Golden Marquees will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible Golden Marquees 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.
Golden Marquees reserves the right to charge a non-refundable deposit of 25 per cent to confirm the booking, the balance payable 10 working days before the hire date. If the total value of the hire is under £400 the full balance can be payable on booking. If the booking is made within 28 days of the hire date the full balance is payable to confirm the booking. The hire date refers to the Period of Hire. Should settlement not be made by the Hire date or date instructed then interest will be charged at 4 % per annum above the base rate of Barclays bank plc.
7.Loss or damage
The Hirer is wholly responsible for all equipment on hire from the time of delivery until collection. He or She will be responsible for the safe custody of Golden Marquees property on the site, and will make good to Golden Marquees all loss or damage to Golden Marquees property or equipment hired or used on the site (other than fair wear and tear) such as breakages, lighting and furniture etc., including those due to theft or burglary, unless it be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of Golden Marquees. No guarantee can be given that equipment will be removed the following day, we will do our best to meet the wishes of our clients whenever possible. We cannot accept any items in place of our own. The Hirer must be satisfied with the equipment before use and should notify Golden Marquees of any miscounts, incorrect deliveries or
unacceptable equipment before use.
8.Liability to third parties
Golden Marquees will not be responsible for and the hirer will indemnify the company against all claims for injury to persons or loss of or damage to property howsoever caused unless it is proved that such injury or damage be caused by fault material or workmanship or negligence on part of Golden Marquees.
9.Erection and dismanteling
Golden Marquees 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 Golden Marquees allow the Hirer to erect and/or dismantle Golden Marquees property. Golden Marquees will not be liable for any compensation if any minor items or terms are outstanding, but in return we agree to rectify such items or terms a soon as we reasonably can. Prior to erection site should have unrestriced access. Hirer or a representative should be present at the date of erection and dismenteling at the time notified.
10.The hirers responsibilty
The Hirer should not enter the Marquee while Golden Marquees is erecting.
(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 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 Golden Marquees.
(d) The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of Golden Marquees.
(e) The hire should not at any time during the hire period connect to any of the electrical/gas provisions left on site by Golden Marquees.
(f) The hirer will be responsible for any additional costs incurred to Golden Marquees as a result of any booked equipment not being able to be set-up due to incorrect measurements, varying height levels or undisclosed site complications of which Golden Marquees were not informed.
(g) The hirer will be responsible for any costs incurred by Golden Marquees due to changes being requested once the marquees build has begun
(h) The Hirer should never presume that any other equipment is included in the Hire other than what is stated in Golden Marquees booking forms.
(i) The Hirer must take note of and implement any instructions that Golden Marquees gives you relating to the safe use of Golden Marquees equipment. You will be liable for any loss or damage which results from your failure to follow Golden Marquees recommendations.
(j) You are responsible for the general security of the site throughout the whole of the period when Golden Marquees equipment is present. You are responsible for the safety and security of the equipment from the commencement of installation to the completion of dismantling and subsequent removal from the site. You will make good any loss or damage to the equipment which may occur during this period.
(k) You will notify Golden Marquees as soon as possible of any defect or deterioration in the equipment. In return Golden Marquees will take all reasonable steps to remedy this as quickly as we can. Golden Marquees may make a charge for any site visit unless the need for a visit was as a result of any inherent defect in Golden Marquees equipment or workmanship.
(l) You will in particular ensure that the interior of any structure is adequately heated when necessary so as to protect from frost, ice or snow damage, and you will not allow the collection or build up of snow or rain on the equipment.
(m) In windy conditions you will take all reasonable steps to make sure that all openings are firmly closed when not in use, and are opened only for the purposes of entering or leaving the structure.
(n) You will take all reasonable steps to make sure that the equipment is not at any time altered or interfered with, and you will make sure in particular that no unauthorised entries are made in any tented enclosure, and that no walls, poles, ropes, anchors, wires or other parts or any structure are moved, removed, altered or modified or in any way tampered with or misused.
(o) If Golden Marquees incur any cost, or if our equipment is damaged, through your failure to follow any of these conditions you will be responsible to compensate Golden Marquees fully for that loss.
The hire charges do not include attendance by Golden Marquees staff except during the actual processes of erection and dismantling.
The Hirer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade, and any similar authority or organisation. Any cost as incurred in delays or modification in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to Golden Marquees by the Hirer and shall be deemed to be part of the hire charge for the purpose of Clause 6 hereof.
While every effort will be made by Golden Marquees to carry out any order accepted, the full performance of it is subject to variation or cancellation by Golden Marquees consequent upon act of god, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions on the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of Golden Marquees.
14.Cancellation or premature termination of contract by the hirer
In the event of the Hirer desiring to cancel the contract after a firm order has been placed;
(a)Is cancellation date proceeds 28 days prior to teh delivery date there will be a charge of 25 per cent of the hire charge
(b) if the cancellation date is 28 days prior to the delivery date, there will be a charge of 50 per cent of the hire charge,
(c) if cancellation is 14 days prior to the delivery date full hire charges will be made.
Any deposit taken is non-refundable; the hire charge is to mean the final balance.
14(a). Cancellation or premature termination of contract by force majeure
In the event of cancellation prior to erecting the marquee(s) and equipment there will be no charge for the final balance. If after the marquee(s) and equipment have been erected and the contract is cancelled, 50 per cent of the hire charge will be payable or re-funded. Any deposit taken is non-refundable; the hire charge is to mean the final balance.
15.Ownership of eqiupment
a) The equipment remains the sole property at all times of Golden Marquees. You are prohibited from parting possession with, from selling or hiring out the equipment at all times.
b) Golden Marquees retain the absolute right to repossess any equipment if you have any outstanding monies owing to Golden Marquees at any time the equipment is in your possession.
c) This right to repossess as stated at 11b shall not preclude any other remedy that Golden Marquees may have, whether under the contract or otherwise.
Glden Marquees may enter any land or premises where Golden marquees reasonably believes the equipment is, at reasonable times and after giving reasonable notice (except in cases of emergency) and you irrevocable authorise Golden Marquees to do so to enable Golden Marquees to inspect, test, repair, service, maintain, replace or repossess the equipment.
17. Health and safety
Golden Marquees aim to provide a safe and hazard free work environment for all our employees engaged in erecting, maintaining and supervising our equipment when on site. To ensure that all site operations are conduced in accordance with safe working practices and comply with relevant health and safety regulations, Golden Marquees require you to supply Golden Marquees with a copy of your health and safety policy (where available) before the equipment is delivered to site, together with details of any specific site condition and/or restriction which requires safety consideration.
18. Electrical supply
The hirer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for the lighting hired as well as any other requirements or equipment they may have. If a supply is not available, the hirer will notify Golden Marquees before delivery.
18(a). Electrical goods
Electrical equipment must be used with the original plugs or sockets fitted. If you need to fit other suitable plugs or sockets, any work must be carried out with Golden Marquees approval and by a competent and qualified person, who must also return the equipment to its original condition. You must never use electrical goods that are not earthed properly, and you must observe any regulations applying to the use of goods including the Electricity at Work Regulations 1989, while you are responsible for the goods.
Children should be supervised by a responsible adult whilst using any equipment provided by Golden Marquees.
20. Exclusion from insurance
(a) Insurance excess - The insurance cover excludes the first £250 of any claim and this is payable by the Hirer.
(b) Cover only applies to equipment that is delivered by Golden Marquees and does not include any equipment provided by a sub-contractor.
(c) Disappearance, Unexplained or inventory shortage
(d) Consequential Loss
(e) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
(f) Any breach of Golden Marquees terms and conditions as herein stated will negate the insurance policy
(g) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to Golden Marquees within 24 hours.
21. Errors or emissions
Golden Marquees maintain the absolute right to correct, without liability, any errors and/or omissions on any sales literature, website, price list, notices or any other documents, or in any other information issued by Golden Marquees.
No verbal representations or arrangements are recognized by Golden Marquees. A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from Golden Marquees. Golden Marquees will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the Hirer. Should Golden Marquees not have availability then the deposit will be returned to the Customer. These terms and conditions shall only be modified by a supplementary written contract.