Terms & Conditions of Business
Barny Lee Marquees Limited
Marquee and Furniture Hire Terms and Conditions
(a) “The Company” is the company named in the hire contract.
(b) “The hirer” is the firm, company, person or public authority (and their respective successors) named in the hire contract that hires the equipment from the company.
(c) “The equipment” is the equipment specified or referred to in the hire contract.
(d) “The hire rate” means the rate charged for each calendar day or part of day during which the hirer hires the equipment.
(e) “Hire charges” means the total amount due to the company including charges in respect of delivery, assembly, installation operation or disassembly or collection of the equipment and the deposit.
(f) “The hire period” means the period set out in the Hire Contract or any agreed period or agreed extension thereof.
(g) “Hire contract” means the information appearing on the front of this document and these Terms and Conditions.
Terms and Conditions
All orders are subject to these ‘terms and conditions of marquee hire and furniture hire’ and the information in our ‘quotation’ and ‘booking form’. The company are not bound by any variation unless it is in writing and signed by the director.
Full payment is required when making an order under £500. On orders over £500, 25% of the total cost is payable upon confirmation of the order. The remaining 75% is payable immediately upon delivery and erection of the marquee and/or furniture. If any payment is late a charge of 5% of the amount due per week above the base rate of National Westminster Bank Plc may be added unless alternative arrangements have been agreed in writing. All sums payable are subject to VAT at 20% unless otherwise stated.
A Damage Waiver fee is arranged at the rate of 5% of the total price of equipment hired, unless stated in the quotation otherwise. The Damage Waiver fee covers the equipment against theft, vandalism, fire and explosion and storm and tempest as long as damage arising from the fire, theft or vandalism is reported to the police immediately and to the company within 24 hours. However the hirer will be liable for the first £500 of any loss or damage to marquees and completely for the loss or damage to moveable items like furniture. If the hirer declines to pay the damage waiver fee reasonable proof of insurance cover should be supplied to the satisfaction of the company. The company does not accept responsibility for the safety of the hirer’s own equipment when stored in their marquees.
The company reserves the right to withdraw or revise any quotes up until the time of acceptance. Please book early as all quotes are subject to the availability of equipment at the time we receive your deposit and booking form. If the proposed booking is accepted the company will confirm acceptance in writing in the form of an ‘order conformation’ with all items listed. If the ‘terms and conditions’ shall be at variance or inconsistent with any printed conditions attached to the hirers order then these terms and conditions shall prevail. The company accept no responsibility for inaccuracies or misunderstandings arising through orders, instructions or information given to them by telephone, or verbally to servants other than though their main office confirmed in writing.
The company will not be responsible for damage done to underground services buried beneath the surface that they have not been made aware of when erecting marquees, i.e. pipes, drains and cables. The hire charge includes the delivery of
equipment as well as erection and removal of marquees but does not include making good or repairs to the site which are strictly the responsibility of the hirer. The hirer or a representative must be available to check the equipment and to discuss the location of the equipment. If no one is available the company will deliver the equipment and erect the marquee and furniture in a way and location we see as suitable. Where a power point is needed a suitable 240 volt/16 amp power point within 15 metres of the equipment and the hirer is fully responsible for the suitability, safety and reliability of the supply.
Variation of Hire Rates
The company reserves the right to vary the hire rate in the event of increase in the cost of labour, materials or transport. Special hire rates will be payable to the company for delivery or installation or use of the equipment on sites which do not conform to the requirements of the company. The site must be available between 07.00 – 22.00 Monday to Friday for at least 5 working days before the function. The equipment must be available for collection the day after the hire period unless otherwise stated in writing.
The hire of the marquee and equipment commences from when the marquee, equipment and employees arrive on site to when it is dismantled and removed. Unless stated in writing charges do not include the attendance of employees except when delivering, collecting, erecting and dismantling. The employees are not obliged to do any more than erect and dismantle the marquees and deliver the equipment. The hirer will be liable for any additional costs due to additional work or equipment needed. This will include delay due to the clients’ subcontractors or clients who have not removed or installed additional equipment. This will also include delay due to the hirer wanting the company to deliver or erect the equipment on any other site other than that agreed at the time of quotation. Additional equipment ordered by the hirer after the original order will be subject to a delivery charge.
If the hirer wishes to cancel the contract for orders over £500 prior to completion they will forfeit their deposit. In addition to this if the cancellation is 45 days prior to the delivery date there will be an additional charge of 25% of the total hire fee. If the cancellation is 30 days prior to the delivery date there will be a further additional charge of 25% of the total hire fee. If the cancellation is 15 days prior to the delivery date the full hire charge will be made. No refund will be given on cancelled orders under £500.
1. It is the hirer’s responsibility to check all the right equipment is delivered; if the equipment is wrong or faulty the company will do its best to rectify the problem.
2. The company reserves the right to use an equivalent substitute if necessary. If the company does so the hirer will have no claim against it.
3. If the company cannot substitute an alternative it will notify you of the cancellation of the contract and refund the deposit in good time but otherwise no claim shall be against it.
4. The hirer is responsible for the equipment a while it is in their possession and if it is not left in the condition it was received in a charge will apply.
1. The hirer must not enter the equipment while the company is erecting it.
2. All reasonable steps must be taken to ensure all openings are closed in windy conditions when not in use to avoid damage to the marquees and equipment.
3. The hirer undertakes that he will not tamper with or move the structure or any part of the equipment. Nothing shall be suspended from the structure of the equipment
4. Lighting, heating, cooking or other gas or electrical appliances should not be used within or near to the equipment without consent from the company.
5. The hirer will not permit smoking and no crepe or coloured paper or hay or straw bales should be used inside the marquee on account of the fire risk.
6. All electrical equipment used must be PAT tested for safe use.
7. The hirer shall permit any person authorised by the company at all reasonable times to enter upon the premises upon which the equipment is for the time being placed or kept for the purpose of inspecting and examining the condition of the equipment.
The hirer shall prior to the commencement of the hire period inform the company in writing of the address or addresses at which the equipment is to be stored and used and shall not without the written consent of the company transfer the equipment or any part thereof to any other address nor allow it to be used for any abnormal or hazardous purpose. As temporary structures, marquees cannot provide protection against all weather conditions. In the event of snow, the hirer must heat the interior to not less than 12 degrees centigrade. If the hirer is not personally present at all times during the use of the equipment they must make sure a responsible person is present and is aware of the responsibilities identified in these terms and conditions of hire.
The Company will not accept liability for the following:
(a) Delay or non-delivery due to grass sites that have not been cut, or the site being unsuitable or non-accessible. The site must be level, flat and have firm ground with access for motor transport.
(b) Late or non-delivery due to adverse wind or weather conditions, act of god war, terrorism, civil disorder or restriction or obstruction of transport.
(c) Injury to persons or property during the hire period unless caused by the Company.
(d) Problems and liability due to the hirer not obtaining appropriate permission(s) from public or local authorities.
(e) Loss or damage to equipment due to fire, flood or accident.
(f) Late or non-delivery due to any cause outside the company’s control. The hirer shall not be entitled to withhold any amount of payment under the contract due to any claims or disputes due to defective service or any other breach of contract.