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1. Definitions
The Company: Means a member of All Occasions Event Management.
The Hire: Means the person or persons hiring the Tentage from the
company.
The Hire Period: Means the period during which the Tentage is
hired as further defined in clause 2 Hereof.
The Tentage: Means the tents and ancillary equipment hired by the
company to the hirer and in accordance With these conditions.
The Conditions: Means the standard terms and conditions of hire
set out in the document and any special Terms and conditions agreed in
writing between the company and the hirer.
Contract: Means the contract for the use and hire of the Tentage
on the conditions and which is made The acceptance in writing by the
company of the hirer's order.
Site: Means the premises on which the Tenage is to erected.
2. Period of Hire
2.1 The hiring of Tentage will commence on the date on which
Tentage is delivered to or made available for collection by the hirer or
its agents or delivered to and erected on the site by the Company whichever
is appropriate.
2.2 The Hiring of Tentage will terminate on the date which the
Tentage is collected from or returned by the Hire or its agents or
collected from the site by the company whichever is appropriate.
3. Rentals
3.1 The Hirer shall pay to the company in advance the rental
stated on the order. Time shall be of the essence in respect of the payment
of all sums due hereunder and the hirer shall be deemed to have repudiated
this contract if any rental or other payments shall remain unpaid for more
than 30 days after becoming due.
3.2 The company reserves the right to change in a ministration at
the rate of 5% per month or part month on any Rentals or other payments
outstanding in excess of 14 days.
3.3 The company reserves the right to change a deposit to cover
part or all of the value of the Tentage to be paid on a date or dates to be
agreed between the parties.
3.4 For avoidance of doubt the hirer acknowledges that the rental
dose not include any charge for the Company to reinstate the site to its
per-hire state.
5. Siting
5.1 The hirer shall obtain all the necessary consents and
approvals from the local Authority and other authorities and site owners
prior to the erection of the Tentage. The undertakes to indemnify the
company in respect of all cost whatever nature incurred by any delay arising
from the failure of the Hirer to obtain such consents and approvals, any
coast for calculations or any modification to the equipment which are a
condition of any consents or approval.
5.2 The Hirer shall ensure that the Site is level, free of
obstructions and has no risk of flooding or has Sufficient natural
drainage.
5.3 The Company shall be granted access to the site foe the
purpose of erecting and dismantling the Tentage for such periods as the
Company shall required. Such access to be suitable for the Company's use.
5.4 The Hirer shall be responsible prior to the commencement or
the hire period for indicating on the site with ropes and other markers the
position and route underground or overhead services (if any). The Company
accepts no responsibility whatsoever for damage to the said underground or
overhead services in the event of the Hirers failure to adequately mark the
site, the cost of repair being borne by the Hirer.
5.5 A representative of the Hirer shall be in attendance to
demonstrate the position on the Site in which the Tentage is to be erected
or the Hirer shall provide a detailed plan for such a purpose. If no
representative or detailed plan is supplied to the Company on its arrival
at the site. The company shall be deemed to have fulfilled its obligations
under the contract by erecting the Tentage in such a position on the site
as it, or its employees think fit without liability for any damage caused
to any underground service or other property the responsibility and cost of
repair of which shall be borne by the Hirer.
5.6 Whenever the Hirer Tentage comprising electrical apparatus
the Hirer must provide a suitable 240-volt power points or supply within 15
metres of the site of the Tentage unless otherwise agreed in writing.
5.7 Other than Tentage and ancillary equipment installed by the
Company, no lighting, heating, Cooking or other gas or electrical
appliances of any kind shall be used in or adjacent to any Tentage without
the previous consent in writing of the company except in Tentage which is
Specifically designated a catering area.
6. Duties of the Hirer
6.1 The Hirer shall during the continuance of the hirer period:-
a) maintain at its own expense the Tentage on the site to the same standard
of repair as on collection or delivery.
b) not make an alteration, modification or addition to the Tentage without
prior consent in writing to the company.
c) bear the cost of the repair of any damage caused to the Tentage from any
risk .
d) ensure that the temperature inside the tents forming part of the
equipment dose not fall below 12 deg. Centigrade in the event of snow being
forecast or falling .
e) not to sell, assign mortgage or let on hire or otherwise dispose or part
with the letting of the Tentage or charge the benefit of this Contract nor
attempt or purport to do so.
6.2 The Hirer shall be solely responsible for and indemnify the
Company in respect of all loss or damage to the Tentage (insofar as the
Company shall not be reimbursed by the proceeds of insurance in respect
thereof) however caused occurring at any time before termination of the
hire period.
7. Mobile Toilet Units
7.1 The provisions of this clause shall apply where the Company
has agreed to hire the Hirer one or more mobile toilet units (The Units)
Where there is any inconsistency between the provisions of this clause and
the other terms of contract so far as they relate to the content matter of
this clause, the provisions of this clause shall prevail.
7.2 The Hirer shall be responsible for ensuring that the access
to the site will support the transportation of the unit and if necessary
the Hirer shall contract a platform over which the units can be
transported. The Company accepts no liability whatsoever for any loss or
damage to the Units arising during the transportation, loading or unloading
of the units.
8. Insurance
8.1 Risk shall pass to the Hirer at the commencement of the Hirer
Period and shall repass to the Company upon termination of the period. The
Hirer shall throughout each hirer period keep the Tentage insured in its
full replacement value as notified from time to time by he Company to the
Hirer with a reputable insurance company against loss and damage from all
risk (including third Party risks.) The Hirer shall notify such insurers that
be Tentage is on hire from the Company and request the insures to endorse a
note of such interest on the policy of insurance naming the Company as loss
payee, shall produce the policy of insurance the premium receipts and
Insurance certificate to the Company upon demand and shall not use or allow
the Tentage to be used for any purpose or in any country not permitted by
the terms and condition of the policy or do or allow to be done any act or
thing whereby the insurance may be invalidated. The Hirer shall Indemnify
the Company against all loss or damage to the Tentage not recoverable under
the policy of insurance.
8.2 Where any event or accident shall occur which is a risk
covered by the Hirers policy of insurance, the Hirer shall immediately
notify the Company thereof, shall not compromise any claim without the
consent of the Company, shall allow the Company to take over the conduct of
negotiations (except in relation to claims of the Hirer for personal
injuries, loss of use of the Tentage or loss or damage to the property of
the Hirer unconnected with the Tentage) and not at the expense of the Hirer
take such proceedings (in the sole name of the Hirer or jointly with the
Company, as the Company shall direct) holding all sums recovered together
with any monies received by the Hirer under its policy of insurance on
trust for the company and paying or applying the same as the Company
directs and as herein provided.
8.3 If the Tentage is declared a total loss, the Hirer thereof
shall terminate and the Company shall apply any proceeds of insurance
received by it at its option:
a) towards a replacement of equivalent value which replacement shall be
deemed to be included in this agreement for all purposes and the Hirer
shall continue to be liable for all rentals as if such loss had not taken
place: or
b) in or towards payment to the Company of the sum necessary to compensate
the Company for loss of profit suffered as a result of the loss of Tentage.
9. General Liabilty
9.1 The Hirer shall be solely responsible for and hold the
Company fully indemnified against all claims demands liabilities losses
damages proceedings and expenses which may be brought against or incurred
by the Company as a result of any accident involving the Tentage (other
than death or personal injury resulting from the negligence of the Company
its employees or it agents.)
9.2 The Hirer shall be solely responsible for and hold the
Company indemnified against all claims demands liabilities losses damage
proceedings coats and expenses suffered or incurred by the Company as a
result of any breach or default on the part of the Hirer in discharge of
its obligations under this Contract.
10. Cancellation
10.1 The Hirer may cancel the contract prior to the commencement
of the Hire Period by notifying the Company in Writing and paying by way of
liquidated damages:
a) the full rental if notice is received less than 14 days prior to the
commencement of the hire period: or
b) 50% of the Rental if notice is received between 28 and 14 days prior to
the commencement of the Hire Period : or
c) 25%of the rental if notice is received more than 28 days prior to the
commencement of the hire period:
11. Termination
11.1 If the Hirer shall fail to pay any rental or any other sum
payable under the Contract within 30 days of it becoming due so shall
commit a breach of the Terms and Conditions of this Contract or shall do or
allow to be done any act or thing which in the opinion of the Company may
jeopardise the Company's rights in the Tentage then in each and every case
the Hirer shall be deemed to have repudiated this Contract and the Company
may thereupon or at any time thereafter by notice in writing to the Hirer
for all purposes forthwith terminate this Contract.
11.2 In the event that:-
a) The Hirer makes any voluntary any arrangement with its creditors or
become subject to an administration order or (being an individual or firm)
becomes bankrupt (or being a company) goes into liquidation (otherwise than
for the purposes of voluntary solvent amalgamation or reconstruction) or
b) an encumbrancer takes possession of or a receiver is appointed over any
of the property or assets of the Hirer: or
c) the Hirer ceases or threatens to cease carrying on business: or
d) the Company reasonably apprehends that any of the events mentioned above
is about to occur relating to the Hirer and notifies the Hirer accordingly;
the Company shall without prejudice to any other rights or remedies to it
be entitled to cancel the Contract and enter onto the site to regain
possession of the Tentage.
The hirer shall upon termination under 11.1 above pay to the Company:
a) all arrears of rental then due and all other sums accrued due and unpaid
at the date of termination together with thereon payable under Cause 3.2
hereof; and
b) the cost of all repairs required as at the date of termination; and
c) any other sums which are or become due to the Company is entitled by way
of damages. On termination of the Contract howsoever occasioned or on
expiry of the Hirer Period the Hirer shall return the Tentage or permit or
obtain access to the site to the Company and its employees for the purpose
of dismantling and removing the Tentage at such times and for such periods
as the the Company may require
12 Force Majeure
Whilst the Company will use all reasonable endeavours to discharge its
obligations under this Contract in a prompt and evident manner, it does not
accept responsibility for any failure or delay Caused by circumstances
beyond its control without prejudice to the generality of the delay
Foregoing by strikes, lockouts, fires, accidents, defective materials, lack
of available materials, Storm, tempest, ingress of snow, war or civil
commotion, Government regulation or Act of God.
13 Notices
Notices shall be deemed to have been served on the party in the case of
posting by first class post Within 48 hours after posting and when
despatched in the case of telex, facsimile copy or cable and Addressed to
the party at its registered office or any address notified to the other
party in writing.
14 Governing Law
This contract shall be governed by and construed in accordance with the
laws of England and Wales and subject to the jurisdiction of the English
Courts.
15 Variations
No variation of these conditions shall be binding on the Company unless
agreed in writing and Signed by or on behalf of the Company. Any
typographical clerical or other error or omission in any hire literature,
price list, acceptance of order, invoice or other document shall be subject
to correction without any liability on the part of the Company.
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