Ts & Cs
Olive Marquees Limited – Terms & Conditions of Hire
”the Code” means the Performance Textiles Association’s Code of Practice for Marquee Hirers, a copy of which is available on request.
“the Company” means Olive Marquees Limited
“Quotation” means the quotation sent by the Company to the Client.
“Delivery date”, “Deposit”, “Booking Form”, “Equipment”, “Client”, “Price”, “Site” and “Event date” shall have the meanings as set out in the Quotation.
“Period of Hire” means the period from the Delivery Date until the Equipment has been dismantled and removed from the Site.
These conditions shall apply to all orders and contracts for the supply of Equipment by the Company or its authorised agents and if there are any qualifications or variations to these conditions it is important for the avoidance of doubt that such variations should be in writing and signed by an officer of the Company. All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions, the Code and the Quotation.
The Company Undertakes:-
1) to deliver the Equipment on the Delivery Date and to proceed to erect it for use on or before the event date, except that if the equipment is tables, chairs and forms the Company’s obligation is limited to delivery only.
2) to dismantle and remove the Equipment from the site as soon as is reasonably possible after the event date.
3) to insure the Equipment at the Clients expense. THE CLIENTS ATTENTION IS DRAWN to the conditions relating to the Damage Waiver.
The Client Undertakes:-
1) to pay a deposit as detailed in the quotation at point of order confirmation and to pay the balance in cleared funds no less than 10 days prior to the Delivery Date. Clients with credit facilities undertake to settle invoices 30 days from date of invoice.
2) to pay the Company the Damage Waiver fee as set out in the quotation unless the Client shall produce proof of alternative insurance cover to the reasonable satisfaction of the Company at least 14 days prior to the delivery date.
3) to pay interest on all monies outstanding 14 days after the date for payment both before and after judgement at a rate of 4% per annum above the base rate of Barclays Plc.
4) to be responsible for selecting the position for erection of Marquees, Tents and other temporary structures, and shall be deemed to have satisfied themselves that there can be no damage to, or interruption with, gas or water pipes, electricity or other cables, sewers or drains on or under the ground, unless the client provides the Company with plans or drawings showing the precise locations a reasonable period of time before the Delivery Date and to advise the Company of any alterations in the Site of which it is aware that may take place after the date that the plan is provided.
5) to give notice to obtain permits or licenses, including parking dispensations, 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 other relevant authority or organisation. Any costs incurred by the Company arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client. Any requirements under the license must be notified in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the Customer advised accordingly.
6) not to enter the equipment whilst it is being erected by the Company.
7) to be available on site at the time of completionof the installation for the marquee handover procedure.
8) to take all practical steps to minimise, check, avoid or diminish loss or damage and to be responsible for the maintenance and safe custody of the Equipment during the Period of Hire and to reimburse the Company for any loss occasioned thereto (fair wear and tear accepted).
9) not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing from the Company with the exception of the designated Catering tent.
10) to keep any part of the Equipment that is a framed structure or tent completely closed and secure and in particular any door in place and fastened when not in use.
11) to close and secure all doors and walls including window walls in the case of wind speeds exceeded 60km/h (approx. 40mph) and to evacuate the structures in the case of wind speeds reaching or exceeding 100km/h (approx. 62mph)
12) to heat the interior of the Equipment to not less than 12 degrees centigrade in the event of snow or should snow be forecast.
13) not to tamper with the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
14) to provide toilet and hand wash facilities for staff use whilst working on site in accordance with Health and Safety requirements. If the client declines to, or is unable to provide said facilities the company will arrange for the provision of temporary facilities on the clients behalf, the cost of which will be added to the price.
15) to ensure the Site is clear of any animal faecal matter prior to the commencement of the installation. The Company reserves the right to delay installation until such time as the Site is fit for use and will not be responsible for any loss sustained as a result of this delay.
16) to comply with any additional terms and conditions detailed on the quotation.
17) The Client warrants to and covenants with the Company that:-
I. They are the owner of and /or entitled in law to possession of the premises or Site where the Hired equipment is delivered and erected.
II. The Site is not in a dangerous condition, does not have any dangerous characteristics, and will not contaminate or otherwise damage or affect the Hired equipment or other goods stored thereon.
III. Goods and equipment belonging to parties other than those of the Company that are stored or placed in or on the Hired equipment shall not in the event of loss or damage be the responsibility of the Company whatsoever and howsoever arising.
IV. Exclusion of the Company’s liability for damage to Site and Services. Whether the Site complies with the foregoing requirements or not, the Company shall not be under any liability whatsoever to make good any damage to the Site nor shall the Company be under any liability whatsoever in respect of damage to drains, pipes or cables or other services buried under the Site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drains, pipes or cables or other services shall have been supplied to the company prior to the erection of the Hired Equipment.
V. The position of the Hired Equipment. The Customer shall provide the Company with a plan showing the position on which the Hired Equipment shall be erected or alternatively shall have a representative on the Site for that purpose. If the Customer shall fail to provide a plan or have a representative on the Site the Company may erect the Hired Equipment where it thinks it may be suited and it shall be deemed to have performed the Contract.
1) Orders will only be accepted upon receipt by the Company of the Client’s completed booking form and Deposit as detailed in the quotation. All orders received will be confirmed in writing by the Company to the Client.
2) The Company reserves the right to add a surcharge for all orders confirmed within 14 days of the Period of Hire which will be a minimum of 10%of the Price save that if it is confirmed within 7 days of the Period of Hire then the surcharge will be a minimum of 25% of the Price.
3) The Price does not include making good any repairs to the Site unless caused by the negligence of the company’s servants, agents or contractors.
4) All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such terms.
5) Credit facilities shall only be offered at the discretion of the Company. Payment terms are strictly 30 days from date on invoice. The Company reserves the right to remove credit facilities without notice for those Clients that fail to adhere to this arrangement.
1) The Company will use its best endeavours to supply the client with the Equipment ordered but where this is not possible the Company will notify the client as soon as possible of any alterations to the design and specifications to the Equipment and where the alteration is fundamental the Client may terminate the contract and any Deposit paid will be refunded.
2) The Price is based on the assumption that the Client provides a firm and level site which is served by a firm access road adjacent to the Site with adequate hard-standing for commercial vehicles is free from flooding, trees and overhead obstruction. If during a Site Visit this is found not to be the case or if the Client wishes the Company to erect the Equipment in a different position on the Site to the one indicated by the Client to the Company at thetime of the Quotation and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price accordingly.
3) The Client is obliged to advise the Company if the Client has a change of address or phone number.
4) Non- availability of Equipment. If for reasons beyond the Company’s control any item of equipment booked is not available for the period of hire, the Company reserve the right to substitute an alternative size of marquee or other equipment to meet, as near as possible, the Clients requirements. If the Company do so the Client will not have any claim against the Company. In the event that the Company cannot substitute suitable alternative sizes of equipment the Company shall notify the Client of cancellation of the contract in which event any deposit or other monies paid will be refunded immediately, but otherwise no claim shall lie against the Company.
5) Hire charge quotes for furniture and other cater hire equipment do not include erecting, dismantling or placing.
Care of Equipment:-
1) The Client is responsible for and shall indemnify us against any loss of or damage to all hired equipment whatsoever the cause.
2) The Client must provide the Company with proof of having arranged insurance in their name for the hired equipment at least 14 days prior to the delivery date of the equipment.
3) Upon payment of the ‘Damage Waiver Fee’ referred to in the quotation, and then the above clauses (Care of Equipment (1) and (2)) will not apply. Please note that the Client is responsible for the first £ 1000 of any loss of or damage to the equipment, and that the Client remain responsible for and will indemnify the Company against any loss of or damage to all hired equipment resulting from wanton damage, the Clients or associated parties negligence or legal liability. The Damage Waiver option does not apply to furniture.
4) The Client must ensure that all equipment is adequately heated when necessary so as to protect the equipment from frost, snow or ice damage, and must ensure that the collection or building up of snow on any equipment is not allowed.
5) Given the risk of damage to a marquee in windy conditions the Client must take all reasonable precautions to ensure that all openings are firmly closed when not in use and are open only for the purposes of entering and leaving the marquee.
6) All heating and cooking equipment must be placed a minimum of six feet from the marquee panels and must not be left unattended whilst in use. There must be no heating or cooking within the marquee other than by electrical appliances or purpose designed butane or propane gas appliances. Barbeque equipment or open fires used outside must be placed a minimum of fifteen feet from the marquee.
Upon Payment to the Company of the Damage Waiver fee referred to above, the Company will no longer hold the Client responsible for damage to the Equipment as a result of:‐
b) Fire and explosion
d) Storm and tempest
Exclusions from Damage Waiver:-
2) The client shall be responsible for the first £1000 of any loss, and for any loss or damage resulting from their negligence or legal liability or that of their servants, agents or contractors.
3) Cover only applies to Equipment that is delivered or erected by the Company and does not include any Equipment provided by a sub‐contractor, unless it is billed by the Company
4) Disappearance unexplained or inventory shortage.
5) Consequential Loss.
6) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
7) Any breach of the Company’s terms and conditions as herein stated will negate the Damage Waiver.
8) Failure to report any loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to the Company within 24 hours will negate the Damage Waiver.
9) Responsibility for complying with the Public ‘No Smoking Law’ rests with the customer for the duration the marquee is erected.
In the event that you cancel the contract, any deposit that the Client has paid shall be forfeit. In addition, the Client shall be liable to pay the following percentage of the hire charge quoted dependent on the period of notice given prior to date of commencement of the hire. The deposit shall be deducted from the percentage payable.
|Period of Notice||Percentage of the Total Hire Charge|
|More than 90 days||25% or deposit paid, whichever is the greater|
|61 to 90 days||45% or deposit paid, whichever is the greater|
|31 to 60 days||60% or deposit paid, whichever is the greater|
|8 to 30 days||75% or deposit paid, whichever is the greater|
|Up to 7 days||100%|
Exclusion of Liability:-
1) The Company will make every effort to complete the erection of the Equipment on or before the Event Date but if the Equipment is not erected before the Event Date the Client shall have the right to withdraw and the Company shall return all monies paid, provided that the Client has complied with the undertakings set out above. If the Equipment is not erected because of delays due to extreme weather or other circumstances beyond its reasonable control including, but not limited to: acts of God, expropriation or confiscation of facilities, labour disputes, any form of Government intervention, war, hostilities, rebellion, terrorist activity, local or national emergency (including an emergency service to a hospital), sabotage or riots, and floods, fires, explosions or other catastrophes the Company shall not be liable to pay further compensation to the Client.
2) The Company will take all reasonable care to avoid any damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.
These conditions together with the Company’s Quotation shall be the entire and sole agreement and understanding between the parties in respect of the Hired Equipment and shall be binding on them and supersede and replace any prior express or implied agreements, communications, representations or undertakings and shall not be amended, modified or altered in any way without the express written consent of the Company.
The illegality, invalidity or unenforceability of any clause or part of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such clause or part is found by any competent Court or authority to be illegal, invalid or unenforceable the parties agree that they will substitute provisions in a form as similar to the offending provision as is possible without thereby rendering them illegal, invalid or unenforceable.
The Agreement shall be governed by the laws of England.