Terms & Conditions of Business

Barny Lee Marquees Limited

Definitions

(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, 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 contained within our quotation and booking form. The company is not bound by any variation unless it is in writing and signed by the director.

Payment Terms

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.

Damage Waiver

A Damage Waiver fee is arranged at the rate of 5% of the total price of equipment hired unless otherwise stated in the quotation.

The Damage Waiver fee covers the equipment against theft, vandalism, fire, explosion, storm and tempest, provided that any damage arising from 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 such as 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.

Quotations

The company reserves the right to withdraw or revise any quotation up until the time of acceptance.

Please book early as all quotations 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 Confirmation with all items listed.

If these Terms and Conditions are at variance or inconsistent with any printed conditions attached to the hirer’s order, then these Terms and Conditions shall prevail.

The company accepts no responsibility for inaccuracies or misunderstandings arising through orders, instructions or information given by telephone or verbally to servants other than through the main office and confirmed in writing.

Site Conditions

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, including 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 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 deemed suitable.

Where a power point is needed, a suitable 240 volt / 16-amp power point within 15 metres of the equipment must be supplied 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 increases in the cost of labour, materials, transport or fluctuations in fuel prices.

Special hire rates will be payable for delivery, 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.

Hire Conditions

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.

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 includes delays due to the client’s subcontractors or clients who have not removed or installed additional equipment.

This also includes delays due to the hirer wanting the company to deliver or erect the equipment on any site other than that agreed at the time of quotation.

Additional equipment ordered after the original order will be subject to a delivery charge.

Hirer Responsibilities

The Equipment
1.
It is the hirer’s responsibility to check all the correct 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 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 while it is in their possession and if it is not left in the condition it was received in, a charge will apply.

Safety
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 they 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 the equipment without consent from the company.

5.
The hirer will not permit smoking and no crepe paper, coloured paper, hay or straw bales should be used inside the marquee due to 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 the premises where equipment is located for inspection purposes.

General

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. Equipment shall not be transferred without written consent and must not 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°C.

If the hirer is not personally present at all times, a responsible person must be present and aware of these responsibilities.

Liability

(a)
Delay or non-delivery due to grass sites not being cut, or the site being unsuitable or inaccessible. The site must be level, flat, firm, and accessible for motor transport.

(b)
Late or non-delivery due to adverse weather conditions, act of God, war, terrorism, civil disorder, or transport restrictions.

(c)
Injury to persons or property during the hire period unless caused directly by the Company.

(d)
Issues arising from the hirer not obtaining appropriate permissions 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 withhold payment due to any claims or disputes relating to service or breach of contract.