The Swanky Marquee Company Ltd : Terms of Business
In paying the deposit, this is deemed that the Client accepts the Terms of Business of The Swanky Marquee Company.
“Company” means The Swanky Marquee Ltd, whose registered address is Manor Farm House, 49 Thorner Lane, Scarcroft, Leeds, LS14 3AN
“Client” is the person/s, Company or Organisation hiring the equipment from the Company
“Equipment” means any goods hired from the Company
“Invoice” is the invoice issued by the Company to the Client in relation to the Quotation
“Hire Charge” is the amount payable by the Client to the Company as specified 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
“Hire Period” means the contracted period of time for which the marquee is made fully available to the client.
“Install Date” refers to the first day of install but does not mean that will be the final date of install as installs often take several days.
Unless stated in writing, all orders are accepted subject to the Terms and Conditions of hiring as below and the Client, by authorising or allowing work to proceed, is deemed to have acknowledged this
The Company Undertakes
- To deliver the Equipment on the Install Date and to proceed to erect if for use on or before the commencement of the Hire Period except that if the Equipment is tables, chairs or other such goods, the Company’s obligation is limited to delivery only
- To endeavour to complete install of the marquee structure, not including other equipment such as tables and chairs or other such goods, by 12am of the Hire Period.
- 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 and to pay the balance in accordance with the Invoice. The Company reserves the right not to provide the Equipment should payment not be received
- 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 annum above the standard bank base rate
- To provide the Company with either a plan showing the position in which the equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose. In the absence of both then the Company having erected the Equipment where it thinks fit shall be deemed to have completed the contract. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes
- To obtain any necessary permission to erect the Equipment from the site owner
- To obtain any necessary licences from the local authority relating to the planned activity taking place within the Equipment
- To obtain planning consent and or building regulation 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 whilst it is being erected or dismantled by the Company
- To keep any part of the Equipment completely closed and secure when not in use
- 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 clause 10 will not apply. Please note that the Client will remain responsible for and will reimburse the Company for any loss 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 prior written consent of the Company
- Not to light, or allow to be lit, any fire, candle or any other naked flame within or close to the Equipment without the prior written consent 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 place all furniture inside the completed marquee. It is the Client’s responsibility to arrange the layout of tables and chairs etc. The Client must ensure that tables and chairs are folded and returned to the delivery area and are stacked for collection following use. A minimum charge of £50 will be levied to the Client for non-compliance in this instance. All furniture will be counted in and out with any shortages charged to the Client.
- The Client is responsible for signing a completed safety checklist after consultation with a company representative once the marquee has been installed and in signing this checklist agree to abide by any instructions therein. If the Client is not present to sign the safety checklist two company representatives will do this on their behalf and a copy will be left for the Client’s reference.
- The Company will use all reasonable endeavours to supply the Client with the Equipment but where this is not possible the Company will notify the Client as soon as possible with any alterations to the design and specifications of the Equipment and where 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 that is free from flooding, trees and overhead obstructions. If this is not the case or the Client wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Client at the time of 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 rate then in force
Loss or Damage or Excessive Soiling
- The Client shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment 2. The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use
- The Client must provide to the Company proof of having arranged insurance in their name for the hired Equipment at least seven days prior to the delivery date of the Equipment
- If a Damage Waiver fee is included in the Booking Form then upon payment of the Damage Waiver fee the above clause 3 will not apply but the Client will remain responsible for the first £500 of any loss and for any loss or damage resulting from their negligence or legal liability
Changes or Allterations
- The Client can request changes or to make alterations to their Hire up to 4 weeks before the event. This is at the discretion of the Company.
- All sums payable under this agreement, unless otherwise stated, are exclusive of VAT and other duties or taxes. Any VAT, or other duties and taxes payable in respect of such sums shall be payable in addition to such sums 2. 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
Terms of Payment
- A booking will be confirmed in writing by the Company on receipt of a deposit of 30% of the total booking fee. The balance is to be settled prior to the period of hire
- 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 this 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 the seven day period has passed
- Once the period of seven days referred to in the preceding clause has passed, should the Client cancel any deposit which you have paid will be forfeit. In addition, the Client will be liable for:
Period of Notice prior to the Use Period and Percentage of Hire Charge Payable:
- More than 60 days = 20%
- 30 – 60 days = 40%
- 7 – 30 days = 50%
- Less than 7 days = 100%
Exclusion of Liability
- The Company shall make every effort to complete the erection of the Equipment on or before the Hire Period Date shown on the Quotation provided that the Client has complied with the undertakings set out above. If the equipment is not erected on or before the Hire Period Date shown on the Quotation the Client shall have the right to withdraw and the Company shall return all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall not be liable to pay further compensation to the Client
- The Company will take all reasonable care to avoid damage to the Client’s 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
Third Party Liability
- The Company will not be responsible for and the Client 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 faulty material or workmanship or negligence on the part of the Company
- While every effort will be made by the Company to complete any orders, the Company cannot be held liable for variation or non-completion of orders due to an Act of God, War, Strikes, Riots, Fire, Flood, Storm, Gale, Tempest or any other civil disturbance