Terms and Conditions of Hire
|1.1 In these Conditions:-|
|“Client” means the person specified as such in the Order;”Company” means Arc Marquees Limited;
“Conditions” means these standard conditions and, unless the context
“Contract” means a contract for the hire and supply of Equipment
“Equipment” means the equipment specified in the Order (or its
“Hire Charges” includes the fee for hire of the Equipment and
“Order” means the order constituted by the Company’s confirmation
“Period of Hire” means the period from the time of arrival of
“Services” means the services to be performed by the Company for
“Site” means the location identified in the Order.
|1.2||The headings in these Conditions
are for convenience only and shall not affect their interpretation.
|1.3||Unless the context otherwise
requires, references to any Clause is to a Clause of these Conditions; references
to Sub-Clauses are unless otherwise stated references to Sub-Clauses of
the Clause in which the reference appears.
|1.4||Any reference to a statute or
statutory instrument shall be deemed to refer to any re-enactment or amendment
|2.1||Unless stated otherwise in writing,
all Orders are accepted subject to the Conditions.
|2.2||Any variation to these Conditions
and any representations about the Equipment and/or the Services shall have
no effect unless expressly agreed in writing and signed by an authorised
representative of the Company.
|2.3||Any advice or recommendation
given by the Company or its employees or agents to the Client or its employees
or agents as to the storage, application or use of the Equipment which is
not confirmed in writing by the Company is followed or acted upon entirely
at the Client’s own risk, and accordingly the Company shall not be liable
for any such advice or recommendations which is not so confirmed.
|3.1||A quotation by the Company is
not an offer to contract or an acceptance of any offer of the Client. A
Contract will only arise when the Client’s order is accepted in writing
by the Company. An order, once accepted, cannot be cancelled without the
Company’s written consent unless the following payments are made with cancellation:
|3.1.1||if cancelled more than 12 weeks
before the commencement of the intended Period of Hire, 30% of the intended
Hire Charges (less any payments already made);
|3.1.2||if cancelled more than 4 weeks
but less than 12 weeks before commencement of the intended Period of Hire,
90% of the intended Hire Charges (less any payments already made);
|3.1.3||If cancelled less than 2 weeks
before the commencement of the intended Period of Hire, 100% of the intended
Hire Charges (less any payments already made).
|3.2||The Company reserves the right
to revise or withdraw any quotation prior to acceptance and at any time
to vary the Hire Charges should any substantial increase in labour, materials
or transport costs occur before or during the Period of Hire.
|3.3||Acceptance of an Order is made
subject to the Equipment being available and whilst every effort will be
made to ensure all Equipment is delivered, the Company reserves the right
to substitute the nearest available items of Equipment.
|3.4||Any additional services carried
out by the Company beyond the scope of the Contract are provided on the
terms set out herein.
|3.5||A Client may request that the Period of Hire is postponed to a later date in the same calendar year as the original Period of Hire. Such postponement will be at the complete discretion of the Company and will not vary any provision of the Contract other than the Period of Hire unless otherwise expressly agreed in writing.|
|4.1||The Hire Charges are based on
the assumptions that the Site is flat, level and on firm but readily penetrable
ground, with easy access for motor transport, with no above ground level
or overhead erections or obstructions (including temporary items such as
parked cars) and that no drains, pipes, cables or other services are buried
beneath the surface or otherwise concealed, and that any grass (which should
be short) or any other surface and is in all other respects suitable. The
Hire Charges do not include making good any repairs to the Site which shall
be at the Client’s own expense.
|4.2||It is the Client’s responsibility
to ensure the Site is suitable in terms of Clause 4.1. In the event of any
delay in installation or any additional labour or other costs being incurred
because of the Site being unsuitable in the opinion of the Company, the
Company reserves the right to make an additional charge at the Company’s
charge out rates applying at such time.
|4.3||The Client shall, at all reasonable
times, allow the Company its servants, agents and insurers free and unrestricted
access to the Site and insofar as it is able to do so the Client hereby
grants to the Company and/or its servants or agents free and unrestricted
licence to enter on the Site and at all times during the Period of Hire
for the purpose of delivering/erecting and or dismantling/removing the Equipment.
If for any reason the Company is denied free and unrestricted access to
the Site then the Client will, in addition to supplemental Hire Charges
for the extended Period of Hire, be responsible for all (if any) of the
Company’s losses including by not limited to consequential loss arising
from the inability to remove the Equipment. Other than the items of Equipment
installed by the Company inside its own Equipment no lighting, heating,
cooking or other gas or electrical appliances of any kind shall be used
in or next to any Equipment hired from the Company without the previous
consent in writing of the Company.
|5.1||The Client shall inform the Company
in writing and/or provide a site plan of where precisely on the Site the
Equipment is to be erected prior to confirmation of Order unless siting
is agreed at a site visit. Should the Client fail to do so, the Company
shall erect the Equipment on the Site as it thinks fit. If thereafter the
Client wishes the Company to erect the Equipment in a different position
on the Site, the Company, if reasonably practicable, and at the Client’s
cost (including the cost of any addition site visit carried out by the Company),
will re-erect before the Period of Hire commences.
|5.2||The Client shall be responsible
for directing the unloading and loading of the Equipment on Site and any
personnel supplied by the Company shall be deemed to be under the control
of the Client who must ensure this is carried out in an appropriate area.
|5.3||The Client will be responsible
for the Equipment once on Site and must ensure that it is completely secure
when not in use and that any pegs and/or straps which may become loose are
adjusted as necessary.
|6.1||Risk in the Equipment will pass
immediately to the Client when it first leaves the physical possession or
control of the Company.
|6.2||Risk in the Equipment will not
pass back to the Company until the Equipment is back in the physical possession
of the Company.
|6.3||Ownership of the Equipment remains
at all times with the Company during the Period of Hire.
|6.4||The Company has no responsibilities
in relation to providing insurance unless this is expressly agreed in writing.
|7. LOSS OR DAMAGE|
|7.1||The Client shall make good to
the Company all loss or, or damage or deficiency to the Equipment, howsoever
caused, and shall indemnify the Company in respect of all claims by any
persons whatsoever for injury to any person caused by or in connection with
or arising out of the use of the Equipment. In order to minimise potential
damage to the Equipment, the Client will:
|7.1.1||Ensure that doors and wallings
are kept shut when not in use;
|7.1.2||Not attach or hang (or permit
any third party to do so) any item from the structure of the marquee nor
affix any item (whether of a temporary nature or not) to the fabric of any
|7.1.3||Remove any built-up snow or similar
items such as leaves from the roof of the marquee.
The Client shall indemnify the Company for any cost or loss arising from
the Client failing to do so.
|7.2||In the event of the Client failing
to have available for collection by the Company’s personnel, or in the event
of the Company being prevented for any reason whatsoever from collecting,
all or any items of Equipment at the end of the agreed Period of Hire, the
Company shall be entitled to continue to charge the Client for such Equipment
or any part of it until the same is returned at the Client’s own risk and
at the Client’s own expense to the Company’s principal place of business.
In the event of such Equipment not being returned to the Company within
28 days of the end of the Period of Hire, the Company shall be entitled
to invoice the Client for the cost of the replacement thereof. Any such
invoice shall be due for payment within 7 days of issue. The Company’s records
of Equipment shall be binding on the Client unless the Client has written
evidence of return of Equipment.
|7.3||The Company shall not be liable
in the event of damage being caused to pipes, mains, conduits or services
of any description on or under Site the precise location of which has not
previously been notified in writing by the Client to the Company and the
Client shall indemnify the Company from and against any loss or liability
it suffers or incurs arising from such non-notified matters.
|7.4||The Company accepts no responsibility
for the safety of the Client’s own property stored or housed in the Equipment
nor does the Company accept any responsibility for such property of the
Client’s servants, agents, guests or licensees.
|8.1||Unless otherwise agreed in writing,
a non refundable deposit of 30% of the intended Hire Charges (plus VAT)
is payable on acceptance of order.
|8.2||All payments shall be due on delivery
of a pro-forma VAT invoice to the Client.
|8.3||The Hire Charges shall be due
within seven (7) days of invoice which will be issued:
|8.3.1||As to 30% on confirmation of order (non-refundable);|
|8.3.2||As to a further 60% to 12 weeks prior to the
intended Period of Hire (non-refundable); and
|8.3.3||As to 10% on initial erection
Any additional payments are also due within 7 days of invoice and the Company
shall have no obligation to deliver the Equipment if any payments are outstanding.
|8.4||In the event that the Company
does deliver Equipment notwithstanding contravention by the Client of its
obligations under Sub-Clause 8.3 interest shall run at 2% per month on late
|9.1||If the Client:-|
|9.1.1||Fails to make any payment to
the Company when due;
|9.1.2||breaches the terms of the Contract
and, where the breach is capable of remedy, has not remedied the breach
within fourteen (14) days of receiving notice requiring the breach to be
|9.1.3||Persistently breaches the terms
of the Contract;
|9.1.4||Provides incomplete, materially
inaccurate or misleading facts and/or information in connection with the
|9.1.5||Ceases or threatens to cease
to carry on business;
|9.1.6||Being an individual or partnership,
has a bankruptcy petition presented against the Client or suffer any similar
|9.1.7||being a company, enters into
voluntary or compulsory liquidation, has an administrator or administrative
receiver appointed over all or any of the Client’s assets or any distress,
execution or other legal process is levied against any of its property;
|9.1.8||Reasonably appears to the Company
to have a credit rating that is financially inadequate to meet the Client’s
obligations under the Contract;Then the Company shall have the right, without prejudice to any other remedies,
to exercise any or all of the rights set out in Clause 9.2 below.
|9.2||If any of the events set out in
Clause 9.1 above occurs prior to or during the Period of Hire:-
|9.2.1||The Company may enter, without
prior notice, the Site or any of the Client’s premises (or premises of third
parties with their consent) where the Equipment may be and repossess any
|9.2.2||The Company may withhold the
performance of any Services and cease any of the Services in progress under
|9.2.3||The Company may immediately cancel,
terminate and/or suspend the Contract without liability;
|9.2.4||All monies due or to become due
by the Client to the Company under this Contract shall immediately become
due and payable;
|9.3||Any repossession of the Equipment
or withdrawal of Services shall not affect the Company’s right to recover
from the Client any monies due under the Contract and/or any damages in
respect of the breach which occurred prior to repossession of the Equipment
or withdrawal of the Services.
|9.4||Upon termination of the Contract
the Client shall immediately:-
|9.4.1||At the Client’s expense, make
the Equipment available for the Company to collect; and
|9.4.2||Pay to the Company, in full and
cleared funds, all outstanding sums under the Contract.
|10. LIMITATIONS ON
|10.1||If the Company is found to be
liable in respect of any loss or damage to the Client’s property, the extent
of the Company’s liability will be limited to the retail cost of replacement
of the damaged property.
|10.2||Any defective Equipment must
be returned to the Company for inspection, if so requested by the Company,
before the Company will have any liability for defective Equipment.
|10.3||The Company shall have no liability
to the Client for any losses whether arising from breach of contract, delict
(including but not limited to negligence), or otherwise, and whether flowing
naturally and directly from such breach, negligence, economic and/or other
similar losses, special damages, indirect losses and/or consequential losses;
and/or business interruption, loss of business, contracts and/or opportunity.
|10.4||The Company’s total liability
to the Client under and/or arising in relation to any Contract shall not
exceed the Hire Charges or the sum of £[insert Company’s insurance
cover limit], whichever is the higher.
|10.5||Nothing in this Contract shall
exclude or limit the Company’s liability for death or personal injury due
to the Company’s negligence nor exclude or limit any other type of liability
which it is not permitted to exclude or limit as a matter of law.
|10.6||Although the Company will use
all reasonable endeavours to discharge any obligations under this Contract
in a prompt and efficient manner, it does not accept responsibility for
any failure or delay caused by circumstances beyond its control and time
is not of the essence.
|11. DATA PROTECTION|
|For the purposes of the Data Protection
Act 1998 the Client consents to and shall procure the consent of all its
employees, agents or sub-contractors to the processing of all or any personal
data (in manual, electronic or other form) relevant to the performance by
the Company of the Contract. Processing includes but is not limited to obtaining,
recording, using and holding data and includes the transfer of data to any
|21.1||The Client shall not be entitled
to assign the Contract or any part of it without the prior written consent
of the Company nor permit the Equipment to be used by any third party.
|12.2||The Company may assign or sub-contract
the Contract or any part of it to any person.
|13.1||A person who is not a party to
this Contract shall have not rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any of its terms.
|13.2||The Order and these Conditions
constitute the entire agreement between the parties and supersedes any previous
agreement or understanding and may not be varied except in writing between
the parties. The Client acknowledges and agrees that it has not entered
into the Contract in reliance upon any representation, warranty or undertaking
which is not set out or referred to in the Contract.
|13.3||A notice required or permitted
to be given by either party to the other under the Contract shall be in
writing (including e-mail or fax) and addressed to the other party at the
address provided in the Contract, unless agreed otherwise in writing between
|13.4||No waiver by the Company of any
breach of the Contract shall be considered a waiver of any subsequent breach
of the same or any other provision.
|13.5||If any provision of the Contract
is held by any competent authority to be invalid or unenforceable in whole
or in part the validity of the other provisions of the Contract and the
remainder of the provisions of the Contract shall not be affected thereby.
|13.6||The Contract shall be governed
by and construed in accordance with the laws of Scotland and disputes arising
in connection with the Contract shall be submitted to the non-exclusive
jurisdiction of the Scottish courts.