Terms and Conditions of Marquee Hire from Carnival Marquees
'We' or 'Us' or 'Our' is Carnival Marquees and / or their subcontractors or agents.
'The Hirer' is the person hiring the equipment from us.
'The Period of Hire' is understood to mean the period of which any equipment is required to be ready and available for use, until the equipment has been dismantled and removed from site.
'The Equipment' is all items provided to, or hired by the hirer.
Unless stated in writing all orders are accepted subject to the Terms and Conditions of Hire as stated below and the hirer by authorising or allowing work to proceed is deemed to have acknowledged this.
(A) The hire charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. The hire charges do not include any making good or repairing of damage to the site.
(B) The hirer is required to provide us with either a plan showing the position in which the tents or equipment are to erected or should have a representative on site for that purpose. In the absence of both, then we having erected the tents or equipment where we think fit shall be deemed to have completed the contract.
(C ) The hirer should never presume that any of our equipment shall be attached or joined to any buildings within the site unless stated in our booking forms. Likewise the hirer should never presume that any other equipment is included in the hire other than hat is stated in our booking forms.
(d) If on arrival to site, the carry from point of parking to the point of erection is found to be greater than 20 metres, then a surcharge will be applied.
3. HIRE CHARGES
The charges published in any of our printed matter are for the guidance for the hirers in estimating costs only and do not constitute a offer.
We will use its best endeavours to supply the hirer with the equipment but where this is not possible we will notify the hirer as soon as possible. With any alterations to the design and specifications of the equipment and where alteration is fundamental the hirer may terminate this contract and any deposit paid will be refunded.
We reserve the right to charge an non refundable deposit of 20% or otherwise agreed between us and the hirer to confirm the booking, the balance will be payable on delivery.
6. LOSS OR DAMAGE
The hirer is wholly responsible for all the equipment on hire from the time of delivery until collection. The hirer will be responsible for the safe custody of our property on the site, and will make good to us all loss or damage to our property on the site (other than fair wear and tear) such as breakages etc., including those due to theft or burglary, unless that it be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of us. No guarantee can be given that the equipment will be removed the following day, we will do our best to meet the wishes of our clients whenever possible. We cannot accept any items in place of our own.
The hirer should notify the insurance company or broker of the use of the marquee and equipment on their premises and indemnify us against any loss or damage arising to or from the use of the marquee and equipment.
8. THE HIRERS RESPONSIBILITY
(a) The hirer should not enter the marquee while we are erecting.
(b) The hirer should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the Period of hire.
(c) 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 by us.
(d) The hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing by us.
(e) The hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the planning authority, district surveyor, police, fire brigade, and any similar authority or organisation. Any costs incurred in delays and modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to us by the hirer. Where appropriate obtain a license from the local authority. Any requirements under the license must be notified to us in writing, at least 28 days prior to erection. Should we for any reason be unable to comply with these requirements then the contract will become void and the customer advised accordingly.
(f) The hirer should not at any time during the hire period connect to any of the electrical / gas provisions left on site by Carnival Marquees.
(g) The hirer will be responsible for any additional costs incurred to us as a result of any booked equipment not being able to be set up due to incorrect measurements, varying height levels or undisclosed site complications of which we were not informed.
(h) The hirer will be responsible for any costs incurred by us due to changes being requested once the Marquees build has begun.
(i) The hirer should never presume that any other equipment is included in the hire other than what is stated in our booking forms.
9. LIABILTY TO THIRD PARTIES
We will not be responsible for and the hirer will indemnify us against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage caused by faulty material or workmanship or negligence on the part of us.
10. ERECTION AND DISMANTLING
We normally provide labour for the erection and dismantling and the cost thereof is included in the hire charges. Only in exceptional circumstances and by special arrangement will we allow the hire to erect and / or dismantle our property.
The hire charges do not include attendance by us except during the actual processes of erecting and dismantling the tentage.
12. FORCE MAJEURE
While every effort will be made by us to carry out any order accepted, the full performance of it is subject to variation or cancellation by us consequent by Act of God, War, Strikes, Riots, Lockouts, or any other disturbances. Fire, Flood, Storm, Gail or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of us.
No verbal representations or arrangements are recognised by us. A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from us. We will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the hirer, should we not have availability then the deposit will be returned to the customer.
Should the hirer wish to terminate the contract then the following compensation rates will be charged to the hirer by us.
100% of the hired price for notice less than 7 days prior to the Hired period.
50% of the hired price for notice between 7 and 28 days prior to the Hired period.