Devon Marquee Company LTD Full Terms & Conditions of Hire

Definitions

“the Company” is The Devon Marquee Company Ltd.
“the Hirer” is the person firm company or public authority (and their respective successors) named in the Hire Contract who hires the equipment from the Company.
“the Equipment” is the Equipment specified or referred to in the Hire Contract.
“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.
“the Hire Period” means the period set out in the Hire Contract or any other agreed period or agreed extension thereof.
“Hire Contract” means the information appearing on the front of this document (or attached) and these Terms & Conditions.

Payment

The Hirer shall pay within 10 days of booking 30% of the initial hire charge (or when invoiced).
The deposit is non refundable if the Hirer should cancel the contract for any reason.
Payment of any remaining charge shall be made by the Hirer to the Company on the day of completion of the erection of the marquee or on the first hire day of any other equipment pertaining to the contract.
The Hirer shall pay to the Company interest on any monies due to the Company and unpaid after 14 days at the rate of 3% over the base rate of Barclays plc.
The Company reserves the right to vary the Hire Rate in the event of increase in the cost of labour materials or transport.

No title to Hirer

The equipment is hired by the Company to the Hirer for the Hire Period at the Hire Rate set out in the Hire Contract and the Hirer shall be a mere bailee of the Equipment and no interest or title in the Equipment shall pass to the Hirer. This agreement is personal to the Hirer and is not capable of assignment nor Sub hire nor may the Hirer part with possession of the Equipment.

Commencement of Hire Period

The hire period shall commence from the time when the Equipment leaves the depot of the Company for delivery to the Hirer.

Termination of Hire Period

The Hire Period shall determine and the Company shall be entitled to immediate recovery of the Equipment in the following events:
Expiry of the Hire Period specified in the Hire Contract, or
Immediately upon the breach by the Hirer of these terms & conditions of Hire, or
Pursuant to delayed delivery or Force Majeure, or
By agreement to be confirmed in writing, or
In event of loss or damage of the Equipment upon such date as the Company agrees to accept from the Hirer the equipment in its then state and condition and compensation in accordance with these terms and conditions of Hire.

Cancellation by Hirer

In the event that the Hirer shall cancel the Hire Contract before the commencement of the Hire Period the Hirer shall pay to the Company immediately upon such cancellation by way of liquidated or agreed damages a sum equivalent to 30% of the total Hire Charges. In the event that the Hirer shall terminate or cancel the Hire Contract after commencement of the Hire Period the Hirer shall pay to the Company the Hire Charges in full.

Delivery of Equipment

The Company shall not be liable to the Hirer for any delay in delivery of the Equipment. If the Equipment is not delivered within 24 hours of the date specified in the Hire Contract the Hirer may by notice in writing to the Company rescind the Hire Contract and recover all monies paid thereunder.

Force Majeure

The performance of the Company’s obligations hereunder is subject to variation or cancellation consequent upon Act of God war strikes lockouts riots or other labour disturbances fire flood restrictions on the use of transport fuel or power or any other cause beyond the control of the Company in the event of frustration of the Agreement due to any of the above causes the Contract shall be deemed to be complete and upon written notice by the Company to the Hirer to that effect the Company shall refund to the Hirer any monies received in respect of the Hire Contract less 10% which shall be retained by the Company in respect of costs and expenses.

Notice of Accidents

If the equipment is involved in any accident resulting in injury to persons or damage to property the Hirers will give to the Company immediate notice by telephone to be confirmed in writing by the Hirer.

Repairs

The Hirer shall not interfere with or adjust the Equipment in any way whatsoever other than in accordance with the Company’s written service instructions and will not under any circumstances give any instructions for any repair to the Equipment or for the replacement of any parts unless such spares have been provided to it by the Company for that purpose and Hirer shall immediately inform the Company in writing which so far as it is able shall repair or replace the Equipment.
If during the Hire Period the Company decides that urgent repairs to the Equipment are necessary it may arrange for such repairs to be carried out on sie or at any location of its nomination. In the event that the Company removes the Equipment for such purpose the Company shall replace the Equipment with similar Equipment if available.
If the Company shall in its opinion be unable to to repair or replace the Equipment in accordance with sub clause i) or ii) of this condition then provided the Company returns to the Hirer any monies paid by the Hirer to the Company in respect of the unexpired part of the Hire Period the Company shall be under no further obligation or liability to the Hirer whatsoever PROVIDED THAT nothing in this Agreement shall oblige the Company to repair or make good any loss or damage to the Equipment caused by any act or default of the Hirer or its invitees (fair wear and tear excepted).

Compliance with Statute and Competent Operation

During the Hire Period the Hirer shall be responsible for and shall indemnify the Company for liability for:

Ensuring that the Equipment and any ancillary items used therewith are operated handled used and serviced only by competent operators and personnel and in accordance with the requirements of Statutory or other competent Authorities and instruction manual or operating guide supplied by the Company and the Hirer shall have no claim against the Company for the failure of defective or deficient performance of the Equipment which arises directly or indirectly from lack of competence of those operating the Equipment or from any lack of proper instruction or the contents of any instruction manual or operating guide.
Obtaining and thereafter maintaining all consents licences or permits required in connection with the use of the Equipment under Statute Bylaw or regulation from time to time in force shall produce to the Company on demand all such consents licences or permits.
Supply and maintaining any warning lamps and warning notices that may be required.

No Parting with Possession

The Hirer shall not sell or offer for sale pledge underlet or assign encumber or otherwise deal or part with possession of the Equipment.

Inspection

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 Address at which Equipment will be kept

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 and the Hirer will keep a notice showing ownership of the Equipment uncovered and visible.

Exclusion and Indemnities

Subject only to the provisions of these conditions no statement undertaking warranty or condition express or implied by law trade custom or otherwise shall apply to this Agreement.
The Company shall not be liable for any loss injury or damage of whatsoever kind arising directly or indirectly from the Hire of the equipment (except in respect of loss or damage or injury which is incapable of exclusion under the terms of the Unfair contract Terms Act 1977) whether consequential or otherwise and whether or not caused by the negligence of the Company its servants or agents.
The Hirer shall use the Equipment in a careful and proper manner and shall indemnify the Company:
1. Against all loss suffered by the Company in consequence of the destruction loss theft or damage of the Equipment being returned to the Company and it is hereby agreed that if the Equipment or any part thereof is in the Company’s opinion lost or damaged beyond repair the loss to the Company shall be the cost of buying new the same or a comparable item of equipment irrespective of the age of the Equipment so lost or damaged.
2. In respect of all actions costs charges claims demands proceedings or penalties made or brought against the Company by any third party in respect of alleged injury loss or damage or expense arising out of or in connection with the use by the Hirer or any person authorised by the Hirer of the Equipment.
3. In respect of loss caused to the Company by cancellation of the Hire Contract by the Hirer whether before or after the commencement of the Hire Period. In particular Hire Charges shall be continued at the Hire Rate until settlement has been effected.

Company’s Right to Determine

If the Hirer shall fail to observe or perform any of the Terms & Conditions of Hire hereof whether express or implied the Company may without prejudice to its rights and remedies hereunder by notice in writing to the Hirer sent to his address set out in the Hire Contract determine this Agreement and upon such notice being so sent to this Agreement and the hiring thereby constituted shall for all purposes determine and thereafter the Hirer shall no longer be in possession of the Equipment with the Company’s consent.
If the Hirer shall commit an act of bankruptcy or have a receiver appointed or shall make any arrangement or assignment with or for the benefit of his creditors or if any resolution is passed for the winding up of the Hirer (if a Company) save for the purposes of reconstruction or amalgamation this agreement shall automatically and without notice determine and thereupon the Hirer shall cease to be in possession of the Equipment with the Company’s consent.

Company’s Rights on Termination

Upon termination of this Agreement pursuant to the Company’s right hereof the Company shall be entitled without notice to take possession of the Equipment and without prejudice to its other rights and remedies hereunder and for the purpose by itself its servants or agents enter upon any land or premises on or in which the Equipment is believed by the Company to be situated and the Hirer hereby authorises the Company to enter upon its said land for this purpose and the Hirer shall upon such termination return to the Company all instructions manuals and operating guides relating to the Equipment.
No relaxation forbearance delay waiver or breach or indulgence by the Company in enforcing any of the terms and conditions of this Agreement and whether express or implied shall prejudice affect or restrict the rights and powers of the Company’s hereunder.

Insurance

Unless otherwise agreed in writing by the Company the Hirer shall prior to taking possession of the Equipment enter into a contract of insurance with respect to the same for the full replacement value of the Equipment under an all risks policy subject only to normal market restrictions and excesses with the name of the Company endorsed thereon as the owner and joint insured in respect of the Hire Period. The Hirer shall do everything necessary to maintain the said policy in full effect and not do anything whereby the policy will or may be vitiated.

Underground Services

The Company shall not be liable for any loss injury or damage of whatsoever kind caused by the Company or any of its employees in the erection of any marquee or other hired service carried out by the Company due to the Hirer not having informed in writing with appropriate plans of any underground service. The Hirer is responsible for informing the Company of all underground services including water electric gas or any other prior to the arrival on site of the Company’s employees.

Provision of Labour and Services by the Company

If the Company is required to provide supervision labour or staff in connection with installation delivery or use of the Equipment the Hire Charges are calculated on the basis that all relevant information has been supplied by the Hirer and that nothing unforeseen becomes apparent on delivery or installation or use of the Equipment and the Hirer confirms the following as may be appropriate to the particular Equipment the subject of the Hire Order
- that the site is of firm level ground with access for motor transport and that no drains pipes cables or other services are concealed.
- that (if appropriate) the Hirer shall provide to the Company a plan showing the position for installation of the Equipment or shall have a representation on site for that purpose but in the absence of such plan or representative the Company will deliver and install the Equipment where it thinks appropriate and shall be deemed to have completed its obligations in relation to delivery and installation herein contained when it has complied with the said plan or instructions of the Hirer’s representative or installed the Equipment as it considers appropriate.
- That the Hirer has produced the provision of an earthed supply of electric power if necessary.
The Hire Charge does not include any making good or repair of damage to the site.

If the Equipment consists in whole or in part of Scaffolding

The Company will use its reasonable endeavours to ensure that the Equipment is adequately constructed for the purpose notified by the Hirer to the Company and that where constructed the structure will comply with any act of Parliament bylaw or regulations from time to time in force which affect the erection or use of scaffolding.
Any additions alterations adaptations or variations to the Equipment will be carried out by the Company only upon receipt of written instruction from the Hirer and at the Hirer’s expense.
In the event that the Hirer has at any time entered into a contract for building or other works in connection with which the Hirer uses the Equipment the Hirer will immediately inform the Employer under such Contract of the provisions of the No title clause of these terms and conditions and shall notify the Company of the terms of any such contract to which the Hirer is a party.

Where two or more persons constitute the Hirer then all obligations entered into by such persons under the Hire Contract shall be joint and several and all words importing the singular shall include the plural.