Dagenham Party Rentals - Marquee Hire

Terms and conditions of hire

Our terms and conditions of hire are as below, please do contact us, should you require any clarification.

Definitions:

1. “The Code” means MUTA’s “Safe Use and Operation of Temporary Demountable Fabric Structures”, a copy of which is available to download from www.muta.org.uk.
2. “Company” means Trafalgar & JF Marquees (registered as Trafalgar Marquees Ltd).
3. “Delivery Date”, “Deposit (if any)”, “Equipment”, “Client”, “Price”, “Site” and “User Period” shall have the meanings as set out in the Quotation.
4. “Period of Hire” means the period from the Delivery Date until the Equipment has been dismantled and removed from the Site.
5. “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.
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.

Conditions of hire:

1. The company’s quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which goods are to be delivered is:
• Flat level firm ground with easy access for heavy motor transport and
• Has no drain pipes, cables or other services buried beneath the surface or otherwise concealed.
2. Should the site not comply with these requirements, the company may at its discretion either rescind the contract by giving verbal or written notice to the hirer or make additional hire charges. The company shall not be liable to the hirer for any loss damage or expense resulting from such rescission of the contract.
3. The hirer shall take all reasonable measures to keep the company’s equipment closed, dry and secure while not in use during the period of hire.
4. 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 the company.
5. The hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous written consent of the company.

Liability:
1. Whether the site complies with the foregoing requirements listed as above or not, the company shall not be under any liability whatsoever to make good any damage to the site nor shall the company be under any liability whatsoever in respect of damage to drains, pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage. Furthermore the company does not accept liability for the following:

• Unsuitable site
• State of wind/weather
• Loss or damage by fire or flood
• Any lock out or strike
• Any cause out of the company’s control
• Positioning of services for hire

2. The hirer shall provide the company with a plan showing the position in which the marquees or equipment shall be erected or alternatively shall have a representative on the site for that purpose.
3. If the hirer does not provide a plan or have a representative on site, the company may erect the marquees and equipment where it considers fit and it shall be deemed to have performed the contract.
4. Any wasted journeys due to absent representatives will be charged for.
5. Deliveries left at unattended premises are left at the hirer’s risk.

Variation of hire charges:
1. The company 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.

Payment
1. The company reserves the right to charge a non-refundable deposit minimum the balance will be payable to secure the booking, the balance is taken upon erection.
2. The company reserves the right to charge interest (at a rate of 4% above the base rate of National Westminster Bank Plc) on all monies outstanding 14 days after the date for payment both before and after judgement.
3. Where the Client is a limited company then the directors named at companies house agree they will accept and incur personal liability for any fees or disbursements accrued by the limited company.
4. Where the legal entity is an LLP then the named partner(s) who agreed the contract accept personal liability for any fees due to Trafalgar Marquees Ltd.
5. In the event of non-payment or default in payment by the Customer in accordance with agreed terms, Trafalgar Marquees shall be entitled without prejudice to any other right or remedy to charge interest to either an individual not a business or business, as set out in the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments, and add any reasonable legal fees and debt recovery charges in respect of all invoices which are not wholly paid by the due date. The company or those acting on its behalf will take all reasonable steps to recover payment.

Loss or damage:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation then the above clauses 1a and 1b 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. The ‘Damage Waiver Fee’ is not refundable.
7. The hirer is wholly responsible for all equipment on hire from the time of delivery until collection. He/she will be responsible for the safe custody of the company’s property on the site, and will make good to the company all loss or damage to the company’s property or equipment hired or used on the site (other than fair wear and tear) including breakages and damage and loss due to theft or burglary. No guarantee can be given that equipment will be removed the following day. We cannot accept any items in place of those supplied. Goods at all times remain the property of the company.
8. The hirer shall during the period of Hire be responsible for the maintenance and safe custody of the company equipment from completion of erection until dismantling.
9. The hirer must be satisfied with the equipment before use and should notify the company of any miscounts, incorrect deliveries or unacceptable equipment before use.
10. The company expects the hirer to take reasonable care of equipment supplied. Damage, loss, or excessive soiling will be charged for in full.

Liability to third parties:
1. The company 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 the company.

Permits:
1. 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.
2. Any cost as incurred in delays or modifications in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to the company by the hirer and shall be deemed to be part of the hire charge.

Force majeure:
1. While every effort will be made by the company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon act of god, war, strikes, riots, lock-outs, epidemic, pandemics, or other labour disturbances, fire, flood, restrictions on the use of transport, fuel or power, requisitioning, terrorism, shortage of material or transport (including travel restrictions imposed as a result of) or labour or any other cause beyond the control of the company.

Cancellation or premature termination of contract:
1. In the event of the hirer cancelling the hire after an order has been placed, the company has the right to charge cancellation fees as follows:

• More than 30 calendar days notice – 25% total hire charge, or deposit paid, whichever is the greater.
• 14-30 calendar days notice – 50% total hire charge, or deposit paid, whichever is the greater.
• Less than 14 calendar days notice – 100% total hire charge, or deposit paid, whichever is the greater.

Electrical Supply:
1. The hirer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for the lighting, heating etc hired as well as any other requirements they may have.